[House Report 117-70]
[From the U.S. Government Publishing Office]


                                                   Union Calendar No. 49


 117th Congress  }                                    {   Report
                       HOUSE OF REPRESENTATIVES
 1st Session     }                                    {   117-70
                                     
_______________________________________________________________________

                                          


       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. 3684




 June 22, 2021.--Committed to the Committee of the Whole House on the 
              state of the Union and ordered to be printed
              
              
                             ______                       


             U.S. GOVERNMENT PUBLISHING OFFICE 
44-903                 WASHINGTON : 2021 
               
              
              
              
              

       INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE 
                     TRANSPORTATION IN AMERICA ACT
                     
                     
                     
                     
                     
                     
                                                  Union Calendar No. 49                                                  
                     
                     
117th Congress  }                                             {  Report
                          HOUSE OF REPRESENTATIVES                 
 1st Session    }                                             {   117-70
_______________________________________________________________________

                                         


       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. 3684




 June 22, 2021.--Committed to the Committee of the Whole House on the 
              state of the Union and ordered to be printed
              
              
                             ______                       


             U.S. GOVERNMENT PUBLISHING OFFICE 
44-903                 WASHINGTON : 2021      
 
 
 
              
              
              

117th Congress   }                                             {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                             {   117-70

======================================================================


 
       INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE 
                     TRANSPORTATION IN AMERICA ACT

                                _______
                                

 June 22, 2021.--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. 3684]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3684) 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.

                                CONTENTS

                              ----------                              
                                                                   Page

Purpose of Legislation...........................................   392
Background and Need for Legislation..............................   392
Hearings.........................................................   395
Legislative History and Consideration............................   398
Committee Votes..................................................   413
Committee Oversight Findings.....................................   425
New Budget Authority and Tax Expenditures........................   425
Congressional Budget Office Cost Estimate........................   425
Performance Goals and Objectives.................................   426
Duplication of Federal Programs..................................   426
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................   426
Federal Mandates Statement.......................................   519
Preemption Clarification.........................................   519
Advisory Committee Statement.....................................   519
Applicability to Legislative Branch..............................   521
Section-by-Section Analysis of the Legislation...................   521
Changes in Existing Law Made by the Bill, as Reported............   588
Committee Correspondence.........................................  1489
Minority Views...................................................  1491
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Investing in a New Vision for the 
Environment and Surface Transportation in America Act'' or the ``INVEST 
in America Act''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2022

Sec. 101. Definitions.
Sec. 102. Extension of Federal Surface Transportation programs.
Sec. 103. Additional amounts for the Federal-aid highway program and 
member designated projects.
Sec. 104. Federal Transit Administration.
Sec. 105. National highway traffic safety administration.
Sec. 106. Federal motor carrier safety administration.
Sec. 107. Member designated project authorizations.

                   DIVISION B--SURFACE TRANSPORTATION

Sec. 1001. Applicability of division.

                     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.
Sec. 1118. Accommodation of certain facilities in right-of-way.
Sec. 1119. Federal grants for pedestrian and bike safety improvements.

           Subtitle B--Programmatic Infrastructure Investment

Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
Sec. 1217. Noise barriers.
Sec. 1218. Safe streets for all.
Sec. 1219. Youth service and conservation corps.

                 Subtitle C--Project-Level Investments

Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Clean corridors program.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural bridges program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active connected transportation grant program.
Sec. 1310. Wildlife crossings program.
Sec. 1311. Reconnecting neighborhoods program.
Sec. 1312. Apprenticeship utilization.

   Subtitle D--Planning, Performance Management, and Asset Management

Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.

           Subtitle E--Federal Lands, Tribes, and Territories

Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.
Sec. 1511. Federal lands access program.

                   Subtitle F--Additional Provisions

Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Dig Once for broadband infrastructure deployment.
Sec. 1604. Stormwater best management practices.
Sec. 1605. Pedestrian facilities in the public right-of-way.
Sec. 1606. Highway formula modernization report.
Sec. 1607. Consolidation of programs.
Sec. 1608. Student outreach report to Congress.
Sec. 1609. Task force on developing a 21st century surface 
transportation workforce.
Sec. 1610. On-the-job training and supportive services.
Sec. 1611. Appalachian development highway system funding flexibility.
Sec. 1612. Transportation education development program.
Sec. 1613. Working group on construction resources.
Sec. 1614. Numbering system of highway interchanges.
Sec. 1615. Toll credits.
Sec. 1616. Transportation construction materials procurement.
Sec. 1617. Nationwide road safety assessment.
Sec. 1618. Climate resilient transportation infrastructure study.
Sec. 1619. Natural gas, electric battery, and zero emission vehicles.
Sec. 1620. Guidance on evacuation routes.
Sec. 1621. High priority corridors on National Highway System.
Sec. 1622. Guidance on inundated and submerged roads.
Sec. 1623. Dry bulk weight tolerance.
Sec. 1624. Highway use tax evasion projects.
Sec. 1625. Labor standards.
Sec. 1626. Climate resiliency report by GAO.
Sec. 1627. Designation of John R. Lewis Voting Rights Highway.
Sec. 1628. GAO study on capital needs of public ferries.
Sec. 1629. Use of modeling and simulation technology.
Sec. 1630. GAO study on per-mile user fee equity.
Sec. 1631. GAO review of equity considerations at State DOTs.
Sec. 1632. Study on effectiveness of suicide prevention nets and 
barriers for structures other than bridges.
Sec. 1633. Transportation planning activities.
Sec. 1634. Better Utilizing Infrastructure for Lasting Development of 
Veterans Businesses Act.
Sec. 1635. Vehicle weight limitations.
Sec. 1636. Roadway worker protection working group.
Sec. 1637. GAO study on nature-based solutions for coastal highway 
resilience.
Sec. 1638. Prohibition on the use of civil penalties for campaign 
finance.
Sec. 1639. Repeal of pilot program.
Sec. 1640. Technical corrections.

                    TITLE II--PUBLIC TRANSPORTATION

               Subtitle A--Federal Transit Administration

Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal years 2022 and 2023 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. Certification requirements.
Sec. 2112. Hold harmless.
Sec. 2113. Study on accessibility of public transportation.

             Subtitle B--Improving Frequency and Ridership

Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive 
grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.

         Subtitle C--Buy America and Other Procurement Reforms

Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Spare ratio waiver.

                     Subtitle D--Bus Grant Reforms

Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
Sec. 2405. Workforce development training grants.

                   Subtitle E--Supporting All Riders

Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
Sec. 2504. Equity in transit service planning.
Sec. 2505. GAO study on fare-free transit.

     Subtitle F--Supporting Frontline Workers and Passenger Safety

Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.
Sec. 2607. Resilient public transportation study.

               Subtitle G--Transit-Supportive Communities

Sec. 2701. Transit-supportive communities.
Sec. 2702. Property disposition for affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants.

                         Subtitle H--Innovation

Sec. 2801. Mobility innovation sandbox program.
Sec. 2802. Transit bus operator compartment redesign program.
Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit bus development 
program.
Sec. 2806. Public transportation innovation.
Sec. 2807. Transit vehicle battery recycling and reuse.

               Subtitle I--Other Program Reauthorizations

Sec. 2901. Reauthorization for capital and preventive maintenance 
projects for Washington Metropolitan Area Transit Authority.
Sec. 2902. Other apportionments.

                        Subtitle J--Streamlining

Sec. 2911. Fixed guideway capital investment grants.
Sec. 2912. Rural and small urban apportionment deadline.
Sec. 2913. Disposition of assets beyond useful life.
Sec. 2914. Innovative coordinated access and mobility.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.
Sec. 2917. Best practices for the application of National Environmental 
Policy Act of 1969 to federally funded bus shelters.
Sec. 2918. Capital investment grant streamlining.
Sec. 2919. Disposition of rolling stock to improve air quality goals.

                   TITLE III--HIGHWAY TRAFFIC SAFETY

Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Fair and equitable traffic safety enforcement.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. National safety campaigns.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while 
intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
Sec. 3010. Implicit bias research and training grants.
Sec. 3011. Stop motorcycle checkpoint funding.
Sec. 3012. Electronic driver's license.
Sec. 3013. Motorcyclist Advisory Council.
Sec. 3014. Report on marijuana research.
Sec. 3015. Comptroller General study on national DUI reporting.
Sec. 3016. Report on impaired driving.
Sec. 3017. Impaired driving countermeasure.

                     TITLE IV--MOTOR CARRIER SAFETY

   Subtitle A--Motor Carrier Safety Grants, Operations, and Programs

Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Sec. 4104. Operation of small commercial vehicles study.

               Subtitle B--Motor Carrier Safety Oversight

Sec. 4201. Motor Carrier Safety Advisory Committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of 
household goods in interstate commerce.
Sec. 4207. Broker guidance.

           Subtitle C--Commercial Motor Vehicle Driver Safety

Sec. 4301. Commercial driver's license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
Sec. 4310. Application of commercial motor vehicle safety.
Sec. 4311. Use of data.

       Subtitle D--Commercial Motor Vehicle and Schoolbus Safety

Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor 
vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial 
motor vehicles.
Sec. 4409. Universal electronic identifier.

                          TITLE V--INNOVATION

Sec. 5001. Authorization of appropriations.

                  Subtitle A--Research and Development

Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic 
plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation 
research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat 
connectivity improvement.
Sec. 5108. Research activities.
Sec. 5109. Transportation equity research program.
Sec. 5110. Surface transportation research, development, and 
technology.
Sec. 5111. Metropolitan planning research pilot program.
Sec. 5112. Integrated project delivery.
Sec. 5113. Accelerated implementation and deployment of advanced 
digital construction management systems.

                   Subtitle B--Technology Deployment

Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement 
technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.

                   Subtitle C--Emerging Technologies

Sec. 5301. Mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation 
clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and 
road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology 
Council.
Sec. 5306. Surface transportation workforce retraining grant program.
Sec. 5307. Third-party data integration pilot program.
Sec. 5308. Third-party data planning integration pilot program.
Sec. 5309. Automated commercial vehicle reporting.
Sec. 5310. Task Force to Promote American Vehicle Competitiveness.

       Subtitle D--Surface Transportation Funding Pilot Programs

Sec. 5401. State surface transportation system funding pilot.
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. Advisory council on transportation statistics.
Sec. 5505. GAO review of discretionary grant programs.

                  TITLE VI--MULTIMODAL TRANSPORTATION

Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance 
Bureau.
Sec. 6008. Transportation equity advisory committee.
Sec. 6009. Sense of Congress.

  TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT

Sec. 7001. Transportation Infrastructure Finance and Innovation Act.

             DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 8001. Short title.

                        TITLE I--AUTHORIZATIONS

Sec. 8101. Authorization of appropriations.

          TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT

Sec. 8201. Repeal of certain requirements related to lithium cells and 
batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
Sec. 8204. Lithium battery approval.

                            DIVISION D--RAIL

Sec. 9001. Short title.

                        TITLE I--AUTHORIZATIONS

Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion 
grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement 
grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Bridges, stations, and tunnels (BeST) grant program.
Sec. 9106. Buy America.

                        TITLE II--AMTRAK REFORMS

Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Access to recreational trails.
Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant 
program.
Sec. 9218. Amtrak and private cars.
Sec. 9219. Amtrak Office of Community Outreach.
Sec. 9220. Long-distance customer enhancement program.
Sec. 9221. Amtrak carbon-free and renewable energy initiatives.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. Interstate rail compacts.
Sec. 9305. High-speed rail updates.
Sec. 9306. State rail planning formula funds.

                     TITLE IV--COMMUTER RAIL POLICY

Sec. 9401. Sense of Congress regarding commuter rail liability 
insurance.
Sec. 9402. Surface Transportation Board mediation of trackage use 
requests.
Sec. 9403. Surface Transportation Board mediation of rights-of-way use 
requests.

                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

Sec. 9501. Study on safety impact of long trains.
Sec. 9502. FRA safety reporting.
Sec. 9503. Waiver notice requirements.
Sec. 9504. Notice of FRA comprehensive safety compliance assessments.
Sec. 9505. FRA accident and incident investigations.
Sec. 9506. Freight train crew size safety standards.
Sec. 9507. Border crossings.
Sec. 9508. Yardmasters hours of service.
Sec. 9509. Leaking brakes.
Sec. 9510. Report on PTC system failures.
Sec. 9511. Fatigue reduction management plans.
Sec. 9512. Assault prevention and response plans.
Sec. 9513. Critical incident stress plans.
Sec. 9514. Crewmember certification and qualification.
Sec. 9515. Safety management team communication.
Sec. 9516. GAO study on reorganization of Office of Railroad Safety.
Sec. 9517. Open-top rail car public input.
Sec. 9518. New passenger service pre-revenue safety validation plan.
Sec. 9519. Safety oversight of nontraditional and emerging rail 
technologies.

                   Subtitle B--Grade Crossing Safety

Sec. 9551. Highway-rail grade crossing separation grants.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public 
highway-rail grade crossings.
Sec. 9554. National blocked crossing database.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Railroad trespassing enforcement grants.
Sec. 9558. Railroad trespassing suicide prevention grants.
Sec. 9559. Including railroad suicides.
Sec. 9560. Report on safety measures required for Quiet Zones.

                        TITLE VI--MISCELLANEOUS

Sec. 9601. Rail network climate change vulnerability assessment.
Sec. 9602. Advance acquisition.
Sec. 9603. University Rail Climate Innovation Institute.
Sec. 9604. Workforce diversity and development.
Sec. 9605. Requirements for railroad freight cars entering service in 
United States.
Sec. 9606. Rail research and development Center of Excellence.
Sec. 9607. Freight railroad locomotive requirements.

SEC. 3. REFERENCES.

  Except as expressly provided otherwise, any reference to ``this Act'' 
contained in any division of this Act shall be treated as referring 
only to the provisions of that division.

  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2022

SEC. 101. DEFINITIONS.

  In this division, the following definitions apply:
          (1) Highway account.--The term ``Highway Account'' means the 
        portion of the Highway Trust Fund that is not the Mass Transit 
        Account.
          (2) Mass transit account.--The term ``Mass Transit Account'' 
        means the portion of the Highway Trust Fund established under 
        section 9503(e)(1) of the Internal Revenue Code of 1986.
          (3) Member designated project.--The term ``member designated 
        project'' means a project listed in the table in section 107.
          (4) Member designated project funds.--The term ``member 
        designated project funds'' means funds reserved under 
        subsections (d)(1)(B)(i), (f)(1)(A), and (g)(1)(A) to carry out 
        member designated projects listed in the table in section 
        107(c).
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        Transportation.
          (6) State.--The term ``State'' means the 50 States and the 
        District of Columbia.
          (7) Territory.--The term ``territory'' means any of the 
        following territories of the United States:
                  (A) American Samoa.
                  (B) The Commonwealth of the Northern Mariana Islands.
                  (C) Guam.
                  (D) The United States Virgin Islands.

SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.

  (a) Extension of Federal Surface Transportation Programs.--
          (1) In general.--Unless otherwise provided in this division, 
        the requirements, authorities, conditions, eligibilities, 
        limitations, and other provisions authorized under the covered 
        laws, which would otherwise expire on or cease to apply after 
        September 30, 2021, are incorporated by reference and shall 
        continue in effect through September 30, 2022.
          (2) Authorization of appropriations.--
                  (A) Highway trust fund.--
                          (i) Highway account.--
                                  (I) In general.--Except as provided 
                                in subclause (II), there is authorized 
                                to be appropriated from the Highway 
                                Account for fiscal year 2022, for each 
                                program under the covered laws with 
                                respect to which amounts are authorized 
                                to be appropriated from such account 
                                for fiscal year 2021, an amount equal 
                                to the amount authorized for 
                                appropriation with respect to the 
                                program from such account for fiscal 
                                year 2021.
                                  (II) Administrative expenses.--
                                Notwithstanding any other provision of 
                                this division, there is authorized to 
                                be appropriated from the Highway 
                                Account for fiscal year 2022--
                                          (aa) $516,000,000 for 
                                        administrative expenses of the 
                                        Federal Highway Administration, 
                                        as described in section 104(a) 
                                        of title 23, United States 
                                        Code; and
                                          (bb) $30,086,000 for grant 
                                        administrative expenses of the 
                                        National Highway Traffic Safety 
                                        Administration, as described in 
                                        section 4001(a)(6) of the FAST 
                                        Act (Public Law 114-94).
                          (ii) Mass transit account.--
                                  (I) In general.--There is authorized 
                                to be appropriated from the Mass 
                                Transit Account for fiscal year 2022, 
                                for each program under the covered laws 
                                with respect to which amounts are 
                                authorized to be appropriated from such 
                                account for fiscal year 2021, an amount 
                                equal to the amount authorized for 
                                appropriation with respect to the 
                                program from such account for fiscal 
                                year 2021.
                                  (II) Condition for apportionment.--No 
                                funds authorized in this division or 
                                any other Act may be used to adjust 
                                Mass Transit Account apportionments or 
                                withhold funds from Mass Transit 
                                Account apportionments pursuant to 
                                section 9503(e)(4) of the Internal 
                                Revenue Code of 1986 in fiscal year 
                                2022.
                  (B) General fund.--
                          (i) In general.--Except as provided in 
                        clauses (ii) and (iii), there is authorized to 
                        be appropriated for fiscal year 2022, for each 
                        program under covered laws with respect to 
                        which amounts are authorized to be appropriated 
                        for fiscal year 2021 from an account other than 
                        the Highway Account or the Mass Transit 
                        Account, an amount not less than the amount 
                        authorized for appropriation with respect to 
                        the program under the covered laws for fiscal 
                        year 2021.
                          (ii) Administrative expenses.--
                        Notwithstanding any other provision of this 
                        division, there is authorized to be 
                        appropriated from the general fund of the 
                        Treasury for fiscal year 2022 $131,500,000 for 
                        necessary administrative expenses of the 
                        Federal Transit Administration.
                          (iii) Capital investment grants.--
                        Notwithstanding any other provision of this 
                        division, there is authorized to be 
                        appropriated from the general fund of the 
                        Treasury for fiscal year 2022 $3,250,000,000 to 
                        carry out section 5309 of title 49, United 
                        States Code.
          (3) Use of funds.--Except as otherwise provided in this 
        division, amounts authorized to be appropriated for fiscal year 
        2022 with respect to a program under paragraph (2) shall be 
        distributed, administered, limited, and made available for 
        obligation in the same manner as amounts authorized to be 
        appropriated with respect to the program for fiscal year 2021 
        under the covered laws.
          (4) Obligation limitation.--
                  (A) In general.--Except as provided in subparagraph 
                (B), a program for which amounts are authorized to be 
                appropriated under paragraph (2)(A) shall be subject to 
                a limitation on obligations for fiscal year 2022 in the 
                same amount and in the same manner as the limitation 
                applicable with respect to the program for fiscal year 
                2021 under the title I of the Transportation, Housing 
                and Urban Development, and Related Agencies 
                Appropriations Act, 2021 (Public Law 116-260).
                  (B) Federal-aid highway and highway safety 
                construction programs.--
                          (i) In general.--Notwithstanding any other 
                        provision of this section, section 1102 of the 
                        FAST Act (Public Law 114-94), section 1101 of 
                        title I of division B of the Continuing 
                        Appropriations Act, 2021 and Other Extensions 
                        Act (Public Law 116-159), or title I of the 
                        Transportation, Housing and Urban Development, 
                        and Related Agencies Appropriations Act, 2021 
                        (Public Law 116-260), for fiscal year 2022, the 
                        obligations for Federal-aid highway and highway 
                        safety construction programs shall not exceed 
                        $46,400,294,311.
                          (ii) Limitation on federal highway 
                        administration administrative expenses.--
                        Notwithstanding any other provision of this 
                        section, of the amount described in clause (i), 
                        for fiscal year 2022 an amount not to exceed 
                        $492,000,000 together with advances and 
                        reimbursements received by the Federal Highway 
                        Administration, shall be obligated for 
                        necessary expenses for administration and 
                        operation of the Federal Highway Administration 
                        or transferred to the Appalachian Regional 
                        Commission for administrative activities 
                        associated with the Appalachian Development 
                        Highway System.
  (b) Nationally Significant Freight and Highway Projects.--Section 
117(d)(2)(A) of title 23, United States Code, is amended in the matter 
preceding clause (i)--
          (1) by striking ``$600,000,000'' and inserting 
        ``$700,000,000''; and
          (2) by striking ``2021'' and inserting ``2022''.
  (c) Disadvantaged Business Enterprises.--Section 1101(b) of the FAST 
Act (Public Law 114-94) (except for the requirements related to gross 
receipts under paragraph (2)(A)(ii) of such section) shall apply to 
amounts made available under sections 102, 103, 104 of this division.
  (d) Definitions.--In this section, the term ``covered laws'' means 
the following:
          (1) Section 1101 of title I of division B of the Continuing 
        Appropriations Act, 2021 and Other Extensions Act (Public Law 
        116-159).
          (2) Titles I, III, IV, V, and VI of division A of the FAST 
        Act (Public Law 114-94).
          (3) Division A, division B, subtitle A of title I and title 
        II of division C, and division E of MAP-21 (Public Law 112-
        141).
          (4) Titles I, II, and III of the SAFETEA-LU Technical 
        Corrections Act of 2008 (Public Law 110-244).
          (5) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public 
        Law 109-59).
          (6) Titles I, II, III, IV, and V of the Transportation Equity 
        Act for the 21st Century (Public Law 105-178).
          (7) Titles II, III, and IV of the National Highway System 
        Designation Act of 1995 (Public Law 104-59).
          (8) Title I, part A of title II, title III, title IV, title 
        V, and title VI of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240).
          (9) Title 23, United States Code.
          (10) Sections 116, 117, 330, and 5505 and chapters 53, 139, 
        303, 311, 313, 701, and 702 of title 49, United States Code.

SEC. 103. ADDITIONAL AMOUNTS FOR THE FEDERAL-AID HIGHWAY PROGRAM AND 
                    MEMBER DESIGNATED PROJECTS.

  (a) Authorization of Appropriations.--
          (1) In general.--In addition to amounts authorized under 
        section 102, there is authorized to be appropriated from the 
        Highway Account for fiscal year 2022, for activities under this 
        section, $14,742,808,640.
          (2) Contract authority.--Amounts authorized to be 
        appropriated under paragraph (1) shall be available for 
        obligation as if apportioned under chapter 1 of title 23, 
        United States Code.
  (b) Obligation Authority.--
          (1) In general.--
                  (A) Amount.--Notwithstanding any other provision of 
                law, for fiscal year 2022, obligations for activities 
                authorized under subsection (a) shall not exceed 
                $14,742,808,640.
                  (B) Period of availability.--
                          (i) In general.--Except as provided in clause 
                        (ii), obligation authority made available under 
                        this paragraph shall--
                                  (I) remain available until September 
                                30, 2025; and
                                  (II) be in addition to the amount of 
                                any limitation imposed on obligations 
                                for Federal-aid highway and highway 
                                safety construction programs for fiscal 
                                year 2022 under section 102 or future 
                                fiscal years under any other provision 
                                of law.
                          (ii) Exception.--Except as provided in 
                        subsection (i)(2)(E), obligation authority 
                        associated with a member designated project 
                        shall remain available until expended.
          (2) Distribution of obligation authority.--
                  (A) In general.--Of the obligation authority provided 
                under paragraph (1), the Secretary shall make available 
                to States, Tribes, Puerto Rico, the territories, and 
                Federal land management agencies, during the period of 
                fiscal year 2022, amounts of obligation authority equal 
                to the amounts described in paragraphs (1) through (5) 
                of subsection (c), respectively.
                  (B) Further distribution.--Each State, each Tribe, 
                Puerto Rico, each territory, and each Federal land 
                management agency receiving funds under paragraphs (1) 
                through (5) of subsection (c), respectively, shall 
                receive an amount of obligation authority equal to the 
                funds received under any of such paragraphs.
  (c) Distribution of Funds.--Amounts authorized to be appropriated for 
fiscal year 2022 under subsection (a) shall be distributed as follows:
          (1) $14,343,545,973 to the States.
          (2) $167,481,814 to Tribes.
          (3) $52,400,251 to Puerto Rico.
          (4) $55,012,918 to the territories.
          (5) $124,367,684 to Federal land management agencies.
  (d) Supplemental State Funds.--
          (1) Distribution.--
                  (A) Among states.--Amounts distributed to States 
                under subsection (c)(1) shall be distributed among the 
                States in the same ratio as total State apportionments 
                under section 104(c)(1) of title 23, United States 
                Code, in fiscal year 2022.
                  (B) Within a state.--Of the amount distributed to a 
                State under subparagraph (A)--
                          (i) the amount specified in section 107 for 
                        each member designated project in the State 
                        shall be reserved to carry out such project; 
                        and
                          (ii) any remaining amount shall be available 
                        to the State under paragraph (2).
          (2) Treatment.--Funds made available under paragraph 
        (1)(B)(ii) shall be--
                  (A) available for activities eligible under section 
                133(b) of title 23, United States Code, subject to 
                subsection (c) of such section; and
                  (B) administered as if apportioned under chapter 1 of 
                title 23, United States Code.
  (e) Tribal Funds.--Amounts distributed to Tribes under subsection 
(c)(2) shall be--
          (1) available for activities eligible under the tribal 
        transportation program under section 202 of title 23, United 
        States Code; and
          (2) administered as if allocated under section 202 of title 
        23, United States Code, except that the set-aside described in 
        subparagraph (C) of section 202(b)(3) of such title and 
        subsections (a)(6), (c), (d), and (e) of section 202 of such 
        title shall not apply to such funds.
  (f) Puerto Rico Funds.--
          (1) Distribution.--Of the amount distributed to Puerto Rico 
        under subsection (c)(3)--
                  (A) the amount specified in section 107 for each 
                member designated project in Puerto Rico shall be 
                reserved to carry out such project; and
                  (B) any remaining amount shall be available to Puerto 
                Rico under paragraph (2).
          (2) Treatment.--Funds made available under paragraph (1)(B) 
        shall be--
                  (A) administered as if allocated under section 165(b) 
                of title 23, United States Code;
                  (B) available for activities described under 
                paragraph (2)(C)(iii) of such section; and
                  (C) not subsection to subparagraph (A) or (B) of 
                paragraph (2) of such section.
  (g) Territorial Funds.--
          (1) Distribution.--Of the amount distributed to a territory 
        under subsection (c)(4)--
                  (A) the amount specified in section 107 for each 
                member designated project in the territory shall be 
                reserved to carry out such project;
                  (B) of amounts remaining after the distribution under 
                subparagraph (A), not more than $1,392,918 shall be 
                made available to American Samoa; and
                  (C) any remaining amount shall be available to the 
                territories as described under paragraph (2).
          (2) Treatment.--Funds made available under subparagraphs (B) 
        and (C) of paragraph (1) shall be administered as if allocated 
        under, and available for activities described under, section 
        165(c) of title 23, United States Code.
  (h) Federal Land Management Agency Funds.--
          (1) Distribution.--Amounts distributed under subsection 
        (c)(5) shall be distributed among the Federal land management 
        agencies as follows:
                  (A) $99,494,147 for the National Park Service.
                  (B) $9,949,415 for the United States Fish and 
                Wildlife Service.
                  (C) $6,301,296 for the United States Forest Service.
                  (D) $8,622,826 to be allocated to the remaining 
                Federal land management agencies described in section 
                203(b) of title 23, United States Code.
          (2) Treatment.--Funds made available under paragraph (1) 
        shall be--
                  (A) available for activities eligible under the 
                Federal lands transportation program under section 203 
                of title 23, United States Code; and
                  (B) administered as if allocated under section 203 of 
                title 23, United States Code.
  (i) Member Designated Projects.--
          (1) Treatment.--
                  (A) In general.--Member designated project funds 
                shall be available until expended, except as specified 
                in paragraph (2)(C)(iv).
                  (B) Requirements.--
                          (i) In general.--Except as specified in 
                        paragraph (2)(C)(iv) or clauses (ii) or (iii), 
                        member designated project funds shall be 
                        administered as if apportioned--
                                  (I) for a project eligible under 
                                chapter 1 of title 23, United States 
                                Code, under such chapter;
                                  (II) for a project eligible under 
                                chapter 2 of title 23, United States 
                                Code, under such chapter; or
                                  (III) for a project eligible under 
                                chapter 53 of title 49, United States 
                                Code, under such chapter.
                          (ii) Federal share.--Notwithstanding any 
                        other provision of law, the Federal share of 
                        the cost of a project assisted with member 
                        designated project funds shall be determined in 
                        accordance with section 120 of title 23, United 
                        States Code, or, in the case of a transit 
                        capital project, may be determined in 
                        accordance with section 5323(i)(1) of title 49, 
                        United States Code, if applicable.
                          (iii) Transit projects.--
                                  (I) Transfers.--Member designated 
                                project funds made available for 
                                transit capital and planning projects 
                                may be transferred to, and administered 
                                by, the Secretary in accordance with 
                                section 104(f) of title 23, United 
                                States Code.
                                  (II) Designated recipients.--Member 
                                designated project authorizations 
                                specified in section 107 distributed to 
                                a State for transit capital and 
                                planning projects shall be made 
                                available for obligation to a 
                                designated or direct recipient or 
                                subrecipient under chapter 53 of title 
                                49, United States Code, as specified in 
                                section 107 or, if no such eligible 
                                recipient is identified, to the 
                                designated recipient in the location 
                                specified in such section.
          (2) Repurposing of funds.--
                  (A) In general.--
                          (i) Request.--Beginning on October 1, 2025, 
                        except as described in clause (ii), if less 
                        than 10 percent of the amount reserved for a 
                        member designated project for a State, Puerto 
                        Rico, or territory has been obligated, the 
                        State, Puerto Rico, or a territory, 
                        respectively, may submit to the Secretary, a 
                        request to use, under subparagraph (B)--
                                  (I) the unobligated amount reserved 
                                for the member designated project; and
                                  (II) the obligation authority that is 
                                associated with such amount.
                          (ii) Completed projects.--If the project has 
                        been completed and an unobligated amount 
                        remains reserved for a member designated 
                        project, a State, Puerto Rico, or territory may 
                        submit to the Secretary certification that such 
                        project has been completed (and the Secretary 
                        shall verify such completion). Upon 
                        verification, the State, Puerto Rico, or 
                        territory, respectively, may use, under 
                        subparagraph (B)--
                                  (I) the unobligated amount reserved 
                                for the member designated project; and
                                  (II) the obligation authority that is 
                                associated with such amount.
                  (B) Considerations.--In making the determination 
                under subparagraph (A)(i), the Secretary shall--
                          (i) consider whether the member designated 
                        project can be completed with the amount 
                        reserved for the member designated project and 
                        other committed funds;
                          (ii) determine whether the public entity 
                        serving as the project sponsor listed in the 
                        Committee Report, or any subsequent report 
                        superceding such Committee Report, accompanying 
                        this Act supports the proposed repurposing; and
                          (iii) ensure that the proposed repurposing 
                        would be used for a project with the same 
                        eligible project type.
                  (C) Treatment.--Funds for which the Secretary 
                approves a request or verifies a completed project 
                under subparagraph (A)--
                          (i) may be used and shall be treated--
                                  (I) for a request by a State, as if 
                                such amount was made available under 
                                subsection (d)(1)(B)(ii);
                                  (II) for a request by Puerto Rico, as 
                                if such amount was made available under 
                                subsection (f)(1)(B); and
                                  (III) for a request by a territory, 
                                as if such amount was made available 
                                under subsection (g)(1)(C);
                          (ii) shall be used within the location 
                        described in subparagraph (D)(ii);
                          (iii) shall be subject to the Federal share 
                        specified in section 120 of title 23, United 
                        States Code, or, in the case of a transit 
                        capital project, may be determined in 
                        accordance with section 5323(i)(1) of title 49, 
                        United States Code, as applicable; and
                          (iv) notwithstanding paragraph (1)(A)(ii), 
                        shall remain available for obligation for a 
                        period of 3 fiscal years after the last day of 
                        the fiscal year in which the Secretary approves 
                        the request.
                  (D) Location of projects.--Funds for which the 
                Secretary approves a request under subparagraph (A) 
                shall--
                          (i) for funds specified in section 107 to be 
                        used within a metropolitan planning area (as 
                        such term is defined in section 134(b) of title 
                        23, United States Code), applied to an activity 
                        within or predominantly serving such 
                        metropolitan area;
                          (ii) for funds specified in section 107 to be 
                        used within a political subdivision of a State, 
                        applied to an activity within or predominantly 
                        serving such political subdivision;
                          (iii) for funds specified in section 107 to 
                        be used within Puerto Rico, applied to an 
                        activity within Puerto Rico; and
                          (iv) for funds specified in section 107 to be 
                        used within a territory, applied to an activity 
                        within such territory.
                  (E) Obligation authority.--Notwithstanding subsection 
                (b)(1)(B)(ii), obligation authority that is repurposed 
                under this paragraph shall remain available for 
                obligation for a period of 3 fiscal years after the 
                last day of the fiscal year in which the Secretary 
                approves the request or verifies the completed project 
                under subparagraph (A).

SEC. 104. FEDERAL TRANSIT ADMINISTRATION.

  (a) All Stations Accessibility Program.--
          (1) In general.--The Secretary may make grants under this 
        subsection to assist eligible entities in financing capital 
        projects to upgrade accessibility for persons with disabilities 
        by increasing the number of covered stations that meet 
        (including exceeding) the new construction standards of title 
        II of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12131 et seq.).
          (2) Eligible costs.--A grant awarded under this section shall 
        be used on a covered system for the purpose described in 
        paragraph (1) only--
                  (A) for a project to repair, improve, or relocate 
                station infrastructure at a covered station;
                  (B) to develop or modify a plan for pursuing public 
                transportation accessibility projects; or
                  (C) to carry out other projects at covered stations 
                that meet (including exceeding) the new construction 
                standards of title II of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).
          (3) Eligible facilities.--The Secretary--
                  (A) may not provide a grant awarded under this 
                subsection to upgrade a station that is accessible to 
                and usable by individuals with disabilities, including 
                individuals who use wheelchairs, consistent with 
                current new construction standards under title II the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 1231 
                et seq.); and
                  (B) may provide a grant to upgrade a station that is 
                not accessible and usable as described in paragraph 
                (1), even if related services, programs, or activities, 
                when viewed in entirety, are readily accessible and 
                usable as so described.
          (4) Application.--To apply for a grant under this subsection, 
        an applicant shall provide to the Secretary such information as 
        the Secretary may require, including, at a minimum, information 
        on--
                  (A) the extent to which the proposed project will 
                increase the accessibility of a covered system;
                  (B) projected improvements in access to jobs, 
                community activities, and essential destinations 
                provided by such project;
                  (C) the applicant's plans to--
                          (i) enhance the customer experience and 
                        maximize accessibility of rolling stock and 
                        stations for individuals with disabilities;
                          (ii) improve the operations of, provide 
                        efficiencies of service to, and enhance the 
                        public transportation system for individuals 
                        with disabilities; and
                          (iii) address equity of service to all riders 
                        regardless of ability, including for riders of 
                        differing abilities that are low-income, 
                        seniors, or riders from communities of color; 
                        and
                  (D) coordination between the applicant and disability 
                advocacy entities.
          (5) Federal share.--The Federal share of the net project cost 
        of a grant provided under this subsection shall be 90 percent. 
        The recipient may provide additional local matching amounts.
          (6) Grant requirements.--Except as otherwise provided under 
        this subsection, a grant provided under this subsection shall 
        be subject to the requirements of section 5307 of title 49, 
        United States Code.
          (7) Grant solicitation.--The Secretary may provide funds 
        authorized under this subsection through 1 or more notices of 
        funding opportunity.
          (8) Authorization of appropriations.--There is authorized to 
        be appropriated from the Mass Transit Account $1,000,000,000 
        for fiscal year 2022 to provide grants under this subsection.
          (9) Availability of amounts.--Amounts made available under 
        this subsection--
                  (A) shall remain available for 4 fiscal years after 
                the fiscal year for which the amount is made available; 
                and
                  (B) that remain unobligated at the end of the period 
                described in subparagraph (A) shall be made available 
                to other eligible projects.
          (10) Definitions.--In this section:
                  (A) Covered station.--The term ``covered station'' 
                means a rail fixed guideway public transportation 
                station for passenger use constructed prior to the date 
                of enactment of this Act.
                  (B) Covered system.--The term ``covered system'' 
                means a rail fixed guideway public transportation 
                system that was in operation before July 26, 1990.
                  (C) Disability.--The term ``disability'' has the 
                meaning given such term in section 3 of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12102).
                  (D) Eligible entity.--The term ``eligible entity'' 
                means a State or local governmental authority that 
                operates a rail fixed guideway public transportation 
                system that was in operation before July 26, 1990.
  (b) Reducing Transit Deserts.--
          (1) In general.--The Secretary may make grants under this 
        subsection to eligible recipients for eligible projects to 
        establish new bus service or increase the frequency of bus 
        service.
          (2) Eligible projects.--Eligible projects under this 
        subsection are projects in eligible areas--
                  (A) to establish or enhance bus service with headways 
                equal to or shorter than 20 minutes for at least 18 
                hours per day in neighborhoods lacking such service;
                  (B) to establish or increase express lane transit 
                service that connects communities to jobs and essential 
                destinations, as long as such service will improve 
                mobility or expand affordable transportation options in 
                underserved communities; or
                  (C) to establish or enhance high-quality bus service 
                to community colleges and Minority Serving 
                Institutions, including Historically Black Colleges and 
                Universities.
          (3) Eligible costs.--Eligible costs under this section 
        include--
                  (A) acquisition of vehicles;
                  (B) acquisition, installation, and construction of 
                bus stops, stations, and related infrastructure;
                  (C) construction or expansion of maintenance 
                facilities to support the new or enhanced service;
                  (D) maintenance activities to support the expanded 
                service; and
                  (E) operating expenses for up to 2 years beginning on 
                the first day of revenue service.
          (4) Application.--To apply for a grant under this subsection, 
        an applicant shall provide to the Secretary such information as 
        the Secretary may require, including information on the extent 
        to which the project will--
                  (A) provide reliable and frequent connections to 
                jobs, education and workforce training, and essential 
                destinations;
                  (B) reduce air pollution and greenhouse gas 
                emissions; and
                  (C) support unserved and underserved populations and 
                communities.
          (5) Federal share.--
                  (A) In general.--The Federal share of the net project 
                cost of a capital project carried out using a grant 
                under this subsection shall be 80 percent. The 
                recipient may provide additional local matching 
                amounts.
                  (B) Operating costs.--The Federal share of net 
                operating costs for a project carried out using a grant 
                under this subsection shall be not more than 50 
                percent.
          (6) Grant requirements.--
                  (A) In general.--A grant under this subsection shall 
                be subject to the requirements of section 5307 of title 
                49, United States Code, for eligible recipients, except 
                operating expenses shall be eligible for funding under 
                this subsection for 2 years beginning on the first day 
                of revenue service in urbanized areas with populations 
                greater than 200,000.
                  (B) New or enhanced service.--The new or enhanced 
                service funded under this subsection shall be operated 
                for a period of at least 5 years.
          (7) Grant solicitation.--The Secretary may provide funds 
        authorized under this subsection through 1 or more notices of 
        funding opportunity.
          (8) Justice40 initiative.--In making competitive grants under 
        this subsection, the Secretary shall, to the extent 
        practicable, have a goal that 40 percent of the overall 
        benefits of the Federal investment flow to disadvantaged 
        communities, consistent with sections 219 and 223 of Executive 
        Order 14008 and related regulations, Executive Orders, and 
        administrative guidance.
          (9) Availability of amounts.--Any amounts made available 
        under this subsection--
                  (A) shall remain available for 2 fiscal years after 
                the fiscal year for which the amount is made available; 
                and
                  (B) that remain unobligated at the end of the period 
                described in subparagraph (A) shall be made available 
                to other eligible projects.
          (10) Authorization of appropriations.--There is authorized to 
        be appropriated out of the Mass Transit Account $1,000,000,000 
        for fiscal year 2022 to provide grants under this subsection.
          (11) Definitions.--In this subsection:
                  (A) Eligible area.--The term ``eligible area'' means 
                a neighborhood or service area, as defined by the 
                Secretary, within an urbanized area that has a 
                population of more than 100,000 where fewer than 45,000 
                annual fixed route bus vehicle revenue miles per square 
                mile are operated.
                  (B) Eligible recipient.--The term ``eligible 
                recipient'' means--
                          (i) designated recipients that allocate funds 
                        to fixed route bus operators or express lane 
                        transit operators; or
                          (ii) State or local governmental entities 
                        that operate or propose to operate fixed route 
                        bus service or express lane transit.
                  (C) Express lane transit.--The term ``express lane 
                transit'' means an integrated combination of bus rapid 
                transit and tolled managed lanes that allows for 
                limited access entry of toll paying vehicles to 
                restricted lanes, while prioritizing transit's need and 
                use of available capacity in order to improve transit 
                performance.
  (c) Federal Share Adjustments.--
          (1) In general.--In addition to amounts made available under 
        section 5338(b) of title 49, United States Code, and section 
        102(a)(2)(B)(iii) of this division, there are authorized to be 
        appropriated for fiscal year 2022 such sums as may be necessary 
        to increase the Federal share, at the request of the project 
        sponsor, of a new fixed guideway, a core capacity improvement, 
        or a small starts project that is not open to revenue service 
        and that has received an allocation of funding in fiscal years 
        2019, 2020, or 2021.
          (2) Criteria.--In making allocations under subparagraph (1), 
        the Secretary shall take into consideration the extent to which 
        the project sponsor demonstrates a need for a higher Federal 
        share, including the extent to which--
                  (A) a project sponsor made a local financial 
                commitment that exceeded the required non-Federal share 
                of the cost of the project; and
                  (B) a project sponsor has experienced, as a result of 
                the coronavirus public health emergency.
          (3) Adjustment.--Notwithstanding any other provision of law, 
        if a project meets 1 or both of the criteria in paragraph (2), 
        the Secretary shall increase the Federal share of a project 
        under this section by up to 30 percent, up to a maximum of an 
        80 percent Federal share.
          (4) Amount.--Amounts distributed under this subsection shall 
        be provided notwithstanding the limitation of any calculation 
        of the maximum amount of Federal financial assistance for the 
        project for a new fixed guideway, a core capacity improvement, 
        or a small start project.

SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.

  (a) Special Funding for Fiscal Year 2022.--
          (1) In general.--
                  (A) Authorization of appropriations.--In addition to 
                amounts authorized under section 102, there is 
                authorized to be appropriated from the Highway Account 
                for fiscal year 2022, for activities under this 
                subsection, $244,514,000.
                  (B) Contract authority.--Amounts authorized under 
                subparagraph (A) shall be available for obligation in 
                the same manner as if such funds were apportioned under 
                chapter 1 of title 23, United States Code.
                  (C) Obligation limitation.--Notwithstanding any other 
                provision of law, for fiscal year 2022, obligations for 
                activities authorized under this paragraph and 
                obligations for activities authorized under section 
                102(a)(2)(A)(i)(II)(bb) that exceed amounts authorized 
                under section 4001(a)(6) of the FAST Act (Public Law 
                114-94) shall not exceed $247,783,000.
          (2) Distribution of funds.--Amounts authorized to be 
        appropriated for fiscal year 2022 under paragraph (1) shall be 
        distributed as follows:
                  (A) $105,000,000 for carrying out section 402 of 
                title 23, United States Code.
                  (B) $15,312,000 for carrying out section 403 of title 
                23, United States Code.
                  (C) $19,202,000 for carrying out section 404 of title 
                23, United States Code.
                  (D) $105,000,000 for carrying out section 405 of 
                title 23, United States Code.
  (b) Cooperative Research and Evaluation.--Notwithstanding the 
apportionment formula set forth in section 402(c)(2) of title 23, 
United States Code, and section 403(f)(1) of title 23, United States 
Code, $2,500,000 of the total amount available for apportionment to the 
States for highway safety programs under section 402(c)(2) of title 23, 
United States Code, fiscal year 2022, shall be available for 
expenditure by the Secretary, acting through the Administrator of the 
National Highway Traffic Safety Administration, for a cooperative 
research and evaluation program to research and evaluate priority 
highway safety countermeasures.

SEC. 106. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.

  (a) Special Funding for Fiscal Year 2022.--
          (1) Authorization of appropriations.--
                  (A) In general.--In addition to amounts authorized 
                under section 102, there is authorized to be 
                appropriated from the Highway Account for fiscal year 
                2022, for activities under this subsection, 
                $209,900,000.
                  (B) Obligation limitation.--Notwithstanding any other 
                provision of law, for fiscal year 2022, obligations for 
                activities authorized under this paragraph shall not 
                exceed $209,900,000.
          (2) Distribution of funds.--Amounts authorized to be 
        appropriated for fiscal year 2022 under paragraph (1) shall be 
        distributed as follows:
                  (A) Subject to section 31104(c) of title 49, United 
                States Code--
                          (i) $80,512,000 for carrying out section 
                        31102 (except subsection (l)) of title 49, 
                        United States Code);
                          (ii) $14,208,000 for carrying out section 
                        31102(l) of title 49, United States Code; and
                          (iii) $23,680,000 for carrying out section 
                        31313 of title 49, United States Code.
                  (B) $91,500,000 for carrying out section 31110 of 
                title 49, United States Code.
          (3) Treatment of funds.--Amounts made available under this 
        section shall be made available for obligation and administered 
        as if made available under chapter 311 of title 49, United 
        States Code.
  (b) Administrative Expenses.--The Administrator of the Federal Motor 
Carrier Safety Administration shall ensure that funds made available 
under subsection (a)(2)(B) are used, to the maximum extent practicable, 
to support--
          (1) the acceleration of planned investments to modernize the 
        Administration's information technology and information 
        management systems;
          (2) the completion of outstanding statutory mandates required 
        by MAP-21 (112-141) and the FAST Act (114-94); and
          (3) a Large Truck Crash Causal Factors Study of the 
        Administration.

SEC. 107. MEMBER DESIGNATED PROJECT AUTHORIZATIONS.

  (a) Member Designated Projects.--The amount listed for each member 
designated project in the table in subsection (c) shall be available 
(from amounts made available by paragraphs (1), (3), and (4) of section 
103(c)) for fiscal year 2022 to carry out each such project.
  (b) Savings Clause.--
          (1) Additional information.--In administering member 
        designated projects, the Secretary shall consider the 
        additional information provided in the Committee Report, or any 
        subsequent report superceding such Committee Report, 
        accompanying this Act.
          (2) Subsequent phases.--
                  (A) In general.--Subject to subparagraph (B), nothing 
                in the table in subsection (c), or in the Committee 
                Report, or any subsequent report superceding such 
                Committee Report, accompanying this Act, shall prevent 
                the Secretary, at the discretion of the Secretary, from 
                allowing a subsequent phase of a member designated 
                project to be carried out with funds reserved for such 
                project under subsection (c).
                  (B) Project sponsor concurrence.--The Secretary shall 
                only allow under this paragraph a subsequent phase of a 
                member designated project to be carried out with funds 
                reserved for such project under subsection (c) with the 
                concurrence of the project sponsor for such project 
                listed in the Committee Report, or any subsequent 
                report superseding such Committee Report, accompanying 
                this Act.
          (3) Repurposing.--Nothing in the table in subsection (c), or 
        the Committee Report, or any subsequent report superceding such 
        Committee Report, accompanying this Act, shall prevent funds 
        reserved for a member designated project from being repurposed 
        as described in section 103(i)(2), provided that all 
        requirements in such section are satisfied.
  (c) Project Designations.--The table in this subsection is as 
follows:


----------------------------------------------------------------------------------------------------------------
    No.               Project Name                    City                 State/Territory           Amount
----------------------------------------------------------------------------------------------------------------
         1   Cowles Street Reconstruction   Fairbanks                 AK                              7,955,000
         2   Replace Bridge 114.3           Anchorage                 AK                              6,421,200
         3   Seldon Road Extension, Phase   Wasilla                   AK                              5,623,800
              2
         4   Alabama State Highway 77       Southside                 AL                              2,396,200
              Northbound Bridge
              Replacement Project
         5   Lighting and Landscaping on I- Auburn                    AL                              1,840,000
              85 at Exit 57
         6   Realignment of SR-22 to US-    Roanoke                   AL                              8,005,000
              431
         7   Red Bay Interchange Lighting   Red Bay                   AL                                860,000
              at SR-24 (Corr V) and SR-19
         8   Widening of Hwy 411            Moody                     AL                                509,000
         9   Bridge Replacement on CR-39    Montgomery                AL                              2,339,717
        10   Bridge Replacement over        Greene and Pickens        AL                              3,296,963
              Sipsey River                   Counties
        11   Dallas County--Bridge          Dallas County             AL                              6,239,939
              Replacement on SR-14
        12   Resurfacing on US-43           Marengo County            AL                              1,616,000
        13   Resurfacing on US-84           Choctaw County            AL                              1,616,000
        14   Streetscape--Civil Rights      Birmingham                AL                              2,000,000
              District Freedom Trail
        15   Streetscape--Richard           Birmingham                AL                              1,969,664
              Arrington Blvd Safety
              Improvements
        16   Future I-57                    Clay County               AR                             20,000,000
        17   56th Street Roadway Mobility   Phoenix                   AZ                              5,000,000
              and Safety Improvements
        18   5th/6th Street Complete        Tucson                    AZ                              7,000,000
              Streets Project
             .............................  ........................  ........................        3,500,000
             .............................  ........................  ........................        3,500,000
        19   77th Street Access             Scottsdale                AZ                              1,102,748
              Improvements
        20   Chino Road Extension Phase II  Douglas                   AZ                              2,910,000
        21   Cool Pavement Program          Phoenix                   AZ                              3,200,000
        22   Davis Road Mileposts 5 & 13    Tombstone and McNeal      AZ                              4,000,000
        23   Downtown Electric Vehicle      Phoenix                   AZ                              2,400,000
              Charging Stations
        24   Drexel Road Extension and      Tucson                    AZ                              5,000,000
              Bridge Project
        25   Electric Bus Infrastructure    Flagstaff                 AZ                              1,485,000
        26   Flashing Yellow Arrow (FYA)    Glendale                  AZ                                800,000
              Phase III
        27   Grand Canalscape Improvements  Phoenix                   AZ                              5,000,000
              Phase IV: 47th Avenue to
              Interstate 17
        28   Highline Canal Recreational    Guadalupe                 AZ                                501,824
              Path Lighting Replacement
        29   I-10, Loop 202 to SR 387       Phoenix                   AZ                              5,000,000
        30   Intersection Safety            Phoenix                   AZ                              5,760,000
              Improvements at Six High-
              Crash Locations in Phoenix
        31   Kyrene Branch Canal Shared     Chandler                  AZ                              1,758,000
              Use Path
        32   Lone Tree Corridor             Flagstaff                 AZ                              8,000,000
        33   Pathway Project, Baffert Dr    Nogales                   AZ                              1,220,169
              to Nogales High School
        34   Peters Road Widening           Casa Grande               AZ                              5,000,000
        35   San Xavier Road Pedestrian     Tucson                    AZ                                814,000
              Pathway Project
        36   Sonoran Corridor Tier II EIS   Tucson                    AZ                              5,000,000
        37   South Campbell Avenue          Tucson                    AZ                              6,209,831
              Complete Streets Project
        38   Tempe/Mesa Streetcar Rio       Tempe and Mesa            AZ                              4,000,000
              Salado East Extension
        39   Tucson Regional North-South    Tucson                    AZ                              6,512,000
              Bus Rapid Transit (BRT)
              Corridor
             .............................  ........................  ........................        3,256,000
             .............................  ........................  ........................        3,256,000
        40   US89/ Lake Powell Blvd         Page                      AZ                              5,000,000
              Roundabout
             .............................  ........................  ........................        2,500,000
             .............................  ........................  ........................        2,500,000
        41   California State Route 57/60   Diamond Bar               CA                             18,000,000
              Confluence Chokepoint Relief
              Program
        42   Cohasset Road Widening and     Cohasset                  CA                                900,000
              Fire Safety Project
        43   Commerce Center Drive Bridge,  Unincorporated Los        CA                              3,666,666
              Los Angeles County             Angeles County
        44   Creating the Next-Generation   Santa Ana                 CA                              1,280,000
              Santa Ana Regional
              Transportation Center
        45   First Avenue Bridges           Barstow                   CA                              7,000,000
              Replacement over Mojave
              River and Overflows
        46   First Street Pedestrian        Santa Ana                 CA                              4,000,000
              Improvements
        47   Fix 5 Cascade Gateway          Redding                   CA                             15,000,000
        48   Harbor Boulevard Street        Garden Grove              CA                              6,248,303
              Improvements
        49   Intersection Safety            Anaheim                   CA                                750,000
              Improvements Projects
        50   Interstate 10/Wildwood Canyon  Yucaipa                   CA                              1,000,000
              Road Interchange Project
        51   Interstate 15 (I-15)/State     Escondido                 CA                             20,000,000
              Route 78 (SR-78) Managed
              Lanes Project
        52   Interstate 15 Corridor         Corona                    CA                              3,000,000
              Operations Project
        53   National Trail Highway         Victorville               CA                              5,000,000
              Widening
        54   Plant 42 Access and Safety     Palmdale                  CA                              8,666,666
              Enhancements
        55   Quick Fix Circulation          Santa Clarita             CA                              3,666,666
              Improvement Project
        56   Roe Road Extension Project--   Paradise                  CA                              1,800,000
              Phase 1
        57   Scott Road/Bundy Canyon Road   Menifee                   CA                             12,000,000
              Widening Project
        58   Sequoia Avenue Railroad Grade  Simi Valley               CA                              4,000,000
              Crossing Upgrade
        59   Southgate Interchange (EIR     Chico                     CA                              1,800,000
              Only)
        60   SR-210 5th Street Interchange  Highland                  CA                              3,000,000
        61   State Route 41 Excelsior       Fresno County             CA                             20,000,000
              Corridor Project
        62   Temescal Canyon Road Widening  Corona                    CA                              5,000,000
              Project (El Cerrito Segment)
        63   The Anaheim Way: Night Owl     Anaheim                   CA                                650,000
              Transit Service
        64   Transit Security & Operations  Anaheim                   CA                              5,000,000
              Center
        65   US395 Olancha-Cartago 4 Lane   Olancha, Cartago          CA                              2,000,000
              Project
        66   ``I'' Street Operating         San Bernardino            CA                              2,000,000
              Maintenance Facility
              Rehabilitation Project
        67   Street Resurfacing Project     Daly City                 CA                              1,000,000
        68   5 and 134 Freeway Electric     Burbank                   CA                              1,000,000
              Vehicle DC Fast Charging
              Network
             .............................  ........................  ........................          500,000
             .............................  ........................  ........................          500,000
        69   7th Street Bridge              Modesto                   CA                              6,500,000
        70   ADA Curb-Ramp and Sidewalk     Long Beach                CA                              1,450,000
              Improvements
        71   Additional Mini Highs at       San Francisco,            CA                                856,000
              Caltrain Stations              Burlingame, San Mateo,
                                             Belmont, Palo Alto,
                                             Mountain View,
                                             Sunnyvale, San Jose,
                                             Morgan Hill, San
                                             Martin, and Gilroy
             .............................  ........................  ........................          306,000
             .............................  ........................  ........................          550,000
        72   Agnew Siding Track             Santa Clara               CA                              6,610,000
              Infrastructure Project
        73   Alder Avenue Improvements at   Rialto                    CA                              2,380,000
              SR-210
        74   Altadena Community Safe        Altadena                  CA                                480,000
              Routes to School Plan
        75   Amar Road Complete Streets     La Puente                 CA                              2,250,000
              from Baldwin Park Boulevard
              to Unruh Avenue,
              Unincorporated West Puente
              Valley, CA
        76   Anaheim Street Corridor        Long Beach                CA                             12,000,000
              Improvements
        77   Antioch Bicycle Garden         Antioch                   CA                              2,000,000
        78   Appian Way Pedestrian          El Sobrante               CA                              2,000,000
              Crossing Enhancements
        79   Arcade-Cripple Creek Trail     Citrus Heights and        CA                              1,100,000
              (formerly Electric Greenway    Orangevale
              Trail)
        80   Arrow Highway Median Island    Azusa                     CA                              3,000,000
              Installation Project from
              Azusa Avenue to Citrus
              Avenue
        81   Arrow Highway Rehabilitation   San Dimas                 CA                              1,600,000
              Project from East City Limit
              to West City Limit
        82   Artesia Great Boulevard        Long Beach                CA                              8,000,000
        83   At-grade Caltrain Crossing     San Mateo                 CA                              3,000,000
              Safety Project--E. Bellevue
              Avenue and Villa Terrace
        84   Atlantic Avenue Improvements   Los Angeles               CA                              5,200,000
        85   Atwater-Merced Expressway      Merced                    CA                              2,000,000
              (AME) Phase 1B Right of Way
              acquisition
        86   Azusa Avenue Pedestrian        West Covina               CA                              3,000,000
              Handicap Accessibility &
              Signal Synchronization
              Improvements Project
        87   Bay Bridge Forward - I-80/     Emeryville and Oakland    CA                              3,000,000
              Powell Street Transit Access
              and I-80 Westbound Bus Lane
              Extension
        88   Bay Trail at Shoreline Park    San Leandro               CA                              3,000,000
        89   Bay Trail Connectivity--Vista  Sausalito                 CA                              1,300,000
              Point Bay Trail
        90   Belmont Alameda de las Pulgas  Belmont                   CA                              2,400,000
              Corridor Project
        91   Beverly and Robertson          West Hollywood            CA                              3,000,000
              Boulevards Complete Street
              Improvements
        92   Boulder Creek Complete         Boulder Creek             CA                              1,500,000
              Streets Improvements Project
        93   Broadway Rehabilitation        Glendale                  CA                              2,008,000
              Project
        94   Build a non-motorized multi-   Cayucos                   CA                              4,000,000
              use path along State Route
              1, connecting the
              communities of Morro Bay and
              Cayucos in San Luis Obispo
              County
        95   Bus/Rail Support Facilities    San Diego                 CA                              2,000,000
              and Equipment (Trolley Yard
              Expansion Project)
        96   Cabrillo Mole Phase II         Avalon                    CA                              6,700,000
        97   Caltrain Crossing              San Jose                  CA                                315,000
              Optimization Project
        98   Camino Pablo Pathway           Orinda                    CA                                528,000
              Rehabilitation Project
        99   Capital SouthEast Connector--  Folsom                    CA                              2,000,000
              Segment D3 Class 1 Multi-Use
              Path and Broadband
       100   Central Avenue Safety          Alameda                   CA                              1,800,000
              Improvement Project -
              Additional Roundabout
       101   Central Mobility Hub Pre-      San Diego                 CA                             25,000,000
              Construction Project
             .............................  ........................  ........................       12,500,000
             .............................  ........................  ........................       12,500,000
       102   Chandler Blvd Bike Path Gap    Los Angeles               CA                                400,000
              Closure
       103   Chapman Avenue/Lamplighter     Garden Grove              CA                                400,000
              Street Traffic Signal
       104   Chip Seal Program              Lakeport                  CA                              2,288,000
       105   City of Ojai Electric Trolley  Ojai                      CA                                440,000
       106   City of San Fernando Fixed     City of San Fernando      CA                              1,340,000
              Trolley Service - Electric
              Buses
       107   City of San Fernando Sidewalk  City of San Fernando      CA                                844,800
              Repair Project
       108   City of Vista Sidewalk         Vista                     CA                                820,368
              Improvement Project on
              Nevada Avenue and Lemon
              Avenue
       109   Community Beautification       Glendale                  CA                              2,400,000
              Project
       110   Cool Neighborhood Projects     Los Angeles               CA                              1,000,000
       111   Covina Grade Crossing Safety   Covina                    CA                              3,000,000
              Projects throughout
              Metrolink Corridor
       112   Cudahy Citywide Complete       Cudahy                    CA                              1,700,000
              Streets Improvement Project
       113   CUFC--Washington Street        Stockton                  CA                              1,200,000
              Widening Project
       114   Culver CityBus Fleet           Culver City               CA                              3,500,000
              Electrification Facility
              Infrastructure
       115   Del Amo Boulevard Bridge       Cerritos                  CA                             18,000,000
              Replacement and Signal
              Enhancements Project
       116   Destination Crenshaw           Los Angeles               CA                              7,600,000
              Streetscape Improvement
              Project
       117   Downtown Mobility Phase 3A     San Diego                 CA                              5,600,000
       118   Duarte--Donald & Bernice       Duarte                    CA                              1,225,000
              Watson Multi-Use Pathway
              Improvement Project
       119   East Bayshore Road Safety      East Palo Alto            CA                              1,000,000
              Improvements
       120   East Los Angeles Community     Los Angeles               CA                                800,000
              Mobility
       121   East Oakland Hydrogen Fueling  Oakland                   CA                              2,000,000
              Upgrade
       122   East San Fernando Valley       Van Nuys and North        CA                              1,797,312
              Traffic Signals on the High    Hollywood
              Injury Network
       123   East San Fernando Valley       Van Nuys, Arleta,         CA                              1,236,000
              Transit Corridor (ESFVTC)      Pacoima
              Transit-Oriented Community
              (TOC) Plan
       124   East San Fernando Valley       City of San Fernando to   CA                             10,000,000
              Transit Corridor Project       Van Nuys
       125   East San Jose Corridor Safety  San Jose                  CA                              4,700,000
              Improvement Project
       126   El Camino Real to Via De       San Diego                 CA                              2,500,000
              LaValle
       127   El Cerrito del Norte Area TOD  El Cerrito                CA                              2,244,000
              Complete Streets
              Improvements Project
       128   Electric Vehicle Car Share     San Pedro                 CA                                120,650
              Program
       129   Elm Avenue Road Diet           Fresno                    CA                              3,750,000
              Reconstruction and Class IV-
              Ventura/California to North
              Avenue
       130   Embarcadero Station Platform   San Francisco             CA                              6,250,000
              Elevator Capacity and
              Redundancy Project
       131   Emerald Necklace Quarry Clasp  Arcadia                   CA                              1,548,800
              Peck Park Trail
       132   Evelyn Avenue Multi-Use Trail  Sunnyvale                 CA                              3,800,000
       133   Flint Canyon Trail Repair/     La Canada Flintridge      CA                              4,800,000
              Restoration
       134   Florence A Line FLM            Los Angeles               CA                              4,000,000
              Improvements
       135   Francisquito Avenue Metrolink  Baldwin Park              CA                              2,300,000
              At-Grade Safety Improvements
       136   Gardena GTrans Zero-Emission   Gardena                   CA                              4,400,000
              Bus Project
       137   Garfield Avenue Complete       San Pedro                 CA                              1,500,000
              Streets
       138   Glendora People Movement       Glendora                  CA                              5,000,000
       139   Gold Line Light Rail Low       Folsom and Rancho         CA                              1,913,788
              Floor Station Conversion       Cordova
       140   Golden Gate Bridge Physical    San Francisco             CA                              6,550,000
              Suicide Deterrent System
              (SDS) Project
       141   Hale Avenue/Santa Teresa       Morgan Hill               CA                                800,000
              Expressway Extension Phase
              2A
       142   Harbor Drive 2.0               San Diego and National    CA                                800,000
                                             City
             .............................  ........................  ........................          400,000
             .............................  ........................  ........................          400,000
       143   Hawthorne--120th Street        Hawthorne                 CA                                950,000
              Improvement Project
       144   High Voltage Conversion Fed    City of Los Angeles       CA                                347,200
              Program Unit 2
       145   Highland Avenue and Wabash     Redlands                  CA                                400,000
              Avenue Intersection
              Improvement Project
       146   Highway 1 North Bicycle/       Half Moon Bay             CA                              1,000,000
              Pedestrian Improvements
              Project
       147   Highway 116/West Cotati        Cotati                    CA                              2,000,000
              Intersection Safety
              Improvement Project
       148   Highway 24 LaMorinda Smart     Orinda and Lafayette      CA                              2,000,000
              Signal System project
       149   Highway 9 Safety Improvement   Monte Sereno              CA                                520,000
              Project
       150   Highways to Boulevards         Los Angeles               CA                                480,000
       151   I Street Bridge Replacement    Sacramento and West       CA                             15,000,000
              Project                        Sacramento
       152   I-405 Sepulveda Pass (Phase    Los Angeles               CA                              5,000,000
              1) ExpressLanes
       153   I-505 Vaca Valley Parkway      Vacaville                 CA                              4,000,000
              Corridor Multimodal
              Improvements Project
       154   Inglewood Transit Connector    Inglewood                 CA                              9,200,000
              (ITC)
       155   Interstate 15 Northern         Jurupa Valley and         CA                             20,000,000
              Extension (I-15 NEXT)          Eastvale
       156   Jepson Parkway Vanden Road     Fairfield                 CA                              7,460,000
              Complete Streets Project to
              Travis Air Force Base
       157   LA Streetcar Power Utility     Los Angeles               CA                              2,000,000
              Relocations
       158   Lawndale--Redondo Beach Blvd   Lawndale                  CA                              1,000,000
              Project
       159   Leesdale Passing Siding        Camarillo                 CA                              6,000,000
              Extension and Upgrade,
              Ventura County, CA
       160   Leucadia Streetscape Phase 2   Encinitas                 CA                              4,000,000
              (Shown in the TransNet as
              North Coast Highway 101
              Beautification)
       161   Liberty Canyon (Crossing)      Agoura Hills              CA                              5,000,000
       162   Link Union Station             Los Angeles               CA                              5,000,000
       163   Los Nietos Sunshine Shuttle    Unincorporated Los        CA                                480,000
              Electric Bus Replacement       Nietos
       164   LOSSAN Corridor Improvements   Del Mar                   CA                             12,500,000
       165   Malaga Bridge Project          Fontana                   CA                             15,000,000
       166   Market Avenue Complete Street  N. Richmond               CA                              2,170,000
       167   Melrose Avenue Complete        West Hollywood            CA                              4,944,149
              Street Improvements
       168   Metro Purple Line Beverly/     City Beverly Hills        CA                              5,000,000
              Wilshire North Portal
              Project
       169   Middle Avenue Pedestrian/      Menlo Park                CA                              6,500,000
              Bicycle Rail Crossing
              Project
       170   Mission Bl/ Pine St Safety     Fremont                   CA                              2,000,000
              Improvement Project
       171   Mobility for All Project       N. Richmond and Bay       CA                              2,000,000
                                             Point
       172   Mobility Wallet Demonstration  Los Angeles County        CA                              4,000,000
              and Research Study
       173   Monroe Street Interchange      Indio                     CA                             20,000,000
              Project
       174   Napa Valley Vine Trail--       St. Helena                CA                              3,000,000
              Yountville to St. Helena
       175   New Traffic Signal at          Los Angeles               CA                                710,000
              Morrison and Sepulveda
       176   New Traffic Signal at Plummer  Los Angeles               CA                                710,400
              and White Oak Avenue
       177   New Traffic Signal at Scott    Fremont                   CA                                950,000
              Creek Rd/ Zinfandel St
       178   New Transit Maintenance        Commerce                  CA                              2,000,000
              Facility
       179   North San Jose Bike Plan       San Jose                  CA                              3,838,348
              Implementation
       180   Oakland 7th St Bike/Ped        Oakland                   CA                              2,500,000
              Improvements
       181   Oakland Alameda Access         Oakland and Alameda       CA                              2,996,000
              Project
       182   Ojai Avenue Pedestrian         Ojai                      CA                                440,000
              Crossing Safety Lighting
              Improvements
       183   Old I Street Bridge Deck       West Sacramento           CA                              4,150,000
              Conversion for Active
              Transportation Project
       184   Old Town Streetscape Phase 2   Elk Grove                 CA                              2,000,000
       185   Olive/Magnolia Bridge Safety   Burbank                   CA                              2,000,000
              Barrier Rail Project
       186   Otay Mesa Truck Route Phase 4  San Diego                 CA                              1,300,000
       187   Overlook and Viewpoint         Smith River               CA                                500,000
              Improvements to end of Mouth
              of Smith River Road
       188   Pacific Coast Highway at       City of Torrance          CA                                652,800
              Crenshaw Boulevard
              Intersection Capacity
              Enhancements
       189   Parkway Drive and Merced       El Monte                  CA                              2,600,000
              Street Bicycle and
              Pedestrian Improvements
       190   Pedestrian, ADA, Traffic       Temple City               CA                              6,200,000
              Signal and Pavement
              Improvements along Bus
              Routes
       191   Pine Avenue Extension          Chino                     CA                              5,000,000
       192   Port of Hueneme Intermodal     Oxnard                    CA                              3,000,000
              Improvement Project to
              Modernize the Port Wharf and
              Pier and Cargo Facilities
       193   Port of Oakland Solar,         Oakland                   CA                              1,000,000
              Battery Storage and Electric
              Vehicle Truck Charger
              Deployment
       194   Puddingstone Drive Bicycle     La Verne                  CA                                998,000
              and Pedestrian Project
       195   Purchase of eleven Battery-    San Luis Obispo           CA                              5,000,000
              Electric Buses--SLORTA
       196   Quint-Jerrold Connector Road   San Francisco             CA                              7,200,000
       197   Rail to Rail/River Active      Los Angeles               CA                              5,000,000
              Transportation Corridor
              Project
       198   Reche Canyon Road Alignment    Colton                    CA                              4,452,000
       199   Replacement of 2nd Street      San Bernardino            CA                              2,000,000
              Bridge over Warm Creek
       200   Resilient State Route 37       Sonoma                    CA                              7,000,000
              Corridor Enhancement Program
       201   Richmond Parkway Transit       Richmond                  CA                              1,000,000
              Center and Freeway Access
              Improvements
       202   San Fernando Road Bike Path    Sun Valley and North      CA                                594,027
              Phase III                      Hollywoood
       203   San Francisco Bay Area Rapid   Oakland, San Leandro,     CA                              3,000,000
              Transit (BART) Station         Berkeley
              Restroom and Lighting
              Enhancements
       204   San Francisco Bay Area         lameda, Contra Costa,     CA                              5,000,000
              regional advance mitigation    and Santa Clara
              program                        counties
       205   San Pablo Avenue               Pinole                    CA                                742,000
              Rehabilitation, City Limits
              to Pinole Shores
       206   San Rafael Channel Crossing    San Rafael                CA                              2,000,000
              Swing Bridge
       207   Santa Cruz METRO Bus           Santa Cruz                CA                              1,840,000
              Replacements
       208   Santa Cruz Paratransit Vans    Santa Cruz                CA                                505,750
              Replacement Project
       209   Saratoga Pedestrian Walkway    Saratoga                  CA                              1,200,000
              Project
       210   Scotts Creek Coastal           Unincorporated Santa      CA                              3,500,000
              Resiliency Project             Cruz County north of
                                             Davenport
       211   Sepulveda Transit Corridor     City of Los Angeles       CA                             10,000,000
             .............................  ........................  ........................        5,000,000
             .............................  ........................  ........................        5,000,000
       212   Serramonte Boulevard and       Colma                     CA                                400,000
              Serramonte Center Driveway
              Traffic Signal
       213   Sharp Park Priority            Pacifica                  CA                                960,000
              Development Area (PDA)
              Access Resurfacing Project
       214   Slauson Avenue Congestion      Huntington Park           CA                              1,000,000
       215   SMART Russian River Rail       Healdsburg                CA                             13,606,840
              Bridge Rehabilitation
       216   Solar Energy Project (Phase    Stockton                  CA                              5,300,000
              2)
       217   SR 86 Improvement Project      Imperial                  CA                              3,000,000
       218   SR128/I-505 Overcrossing (Br.  Winters                   CA                              8,540,000
              22-0110)/Russell Blvd
              Bicycle and Pedestrian
              Improvements
       219   State Route 11/Otay Mesa East  San Diego                 CA                             12,500,000
              Port of Entry
       220   State Route 132 West Project   Modesto                   CA                             12,000,000
       221   State Route 25 Expressway      Hollister                 CA                             10,000,000
              Conversion and State Route
              25/156 Interchange Project
       222   State Route 37 and             Vallejo                   CA                              4,000,000
              Fairgrounds Drive
              Interchange Improvements
       223   State Route 99 Madera South--  Madera                    CA                             10,000,000
              Operational Improvement
              Project
       224   Stockton Rail Maintenance      Stockton                  CA                              6,715,000
              Facility Expansion
       225   Sustainable Mobility           Redlands                  CA                              1,756,630
              Expansion Project
       226   Tarzana Crossing Great         Tarzana--Los Angeles      CA                                500,000
              Streets Project
       227   The Highway 101 Multimodal     Santa Barbara             CA                             11,000,000
              Corridor Project from Santa
              Barbara to Montecito with
              improvements on Highway 101
              (SB-101-PM 9.1/12.3) and
              Adjacent Local Streets
              including the Cabrillo
              Boulevard Bicycle and
              Pedestrian Improvement
              Project
       228   Thornton Avenue Pavement       Newark                    CA                              2,000,000
              Rehabilitation
       229   Torrance to Florence Bus       Torrance                  CA                              4,432,924
              Service
       230   Track Rehabilitation of the    City of Rancho            CA                              2,000,000
              San Bernardino Line            Cucamonga, California
                                             spanning to the City of
                                             Montclair, California
                                             including the cities of
                                             Rancho Cucamonga,
                                             Upland, and Montclair
       231   Traffic Signal System          Danville, Walnut Creek,   CA                              6,000,000
              Upgrades on I-680 Project      Concord, Pleasant Hill
       232   Tri MyRide Fleet Expansion     Antioch                   CA                              1,760,000
              Project
             .............................  ........................  ........................          880,000
             .............................  ........................  ........................          880,000
       233   TRI-CONNECT, SoCal Freight     Los Angeles               CA                              3,357,895
              Initiative
       234   U.S. 101 and Del Norte         Oxnard                    CA                              3,000,000
              Boulevard Interchange
       235   Union Street Protected Bike    Pasadena                  CA                              1,600,000
              Lanes
       236   US 101 / Woodside Interchange  Redwood City              CA                              2,500,000
              Improvement
       237   US 101 Safety Improvements--   Salinas and Chualar       CA                              2,000,000
              South of Salinas               (Monterey County)
       238   US 101/SR 25 Interchange       Gilroy                    CA                              5,000,000
              Phase 2--Santa Teresa
              Boulevard Extension
       239   US-101 Managed Lane Project    San Mateo                 CA                             10,000,000
              North of I-380
       240   Valley Link--Implementation    Livermore                 CA                             20,000,000
              of Sustainability Blueprint
       241   Vasco Road Safety              Byron                     CA                              3,905,000
              Improvements Phase II
       242   Vermont Transit Corridor       Los Angeles               CA                             10,000,000
              Improvements
             .............................  ........................  ........................        3,900,000
             .............................  ........................  ........................        6,100,000
       243   Walnut Park Bus Stop           Walnut Park               CA                              1,200,000
              Improvements
       244   Walnut Park Pedestrian Plan    Walnut Park               CA                              1,200,000
              Implementation
       245   Warm Springs Grade Crossing    San Jose                  CA                              7,703,100
              Improvements
       246   West Berkeley Bicycle and      Berkeley                  CA                                704,000
              Pedestrian Improvements
       247   West San Jose Priority         San Jose                  CA                              3,285,680
              Bikeways Implementation
              Project
       248   West Santa Ana Branch Transit  Los Angeles               CA                              5,000,000
              Corridor
       249   West Valley Connector Bus      San Bernardino            CA                              5,000,000
              Rapid Transit--Phase 1, and
              Zero-Emission Bus Initiative
       250   White Rock Road--0.5 Miles     Rancho Cordova            CA                             12,307,000
              East of Rancho Cordova
              Parkway to the Easterly City
              Limits
       251   Widen Central Ave to add new   Camarillo                 CA                              4,000,000
              Class II Bike Lanes near
              U.S. 101 to the northwest
              city limits
       252   Wilmington Waterfront-Avalon   Wilmington                CA                              1,000,000
              Pedestrian Bridge
       253   Woodman Ave. Pedestrian        Panorama City             CA                              3,256,591
              Improvement Project
       254   Ygnacio Valley Road Project    Walnut Creek              CA                              1,000,000
       255   Yosemite Area Regional         Merced                    CA                              2,250,000
              Transportation System
       256   Zero Emission Bus              Oxnard                    CA                              1,675,000
              Replacements, Charging
              Infrastructure and Zero
              Emissions Job Training
       257   Zero Emission Buses and        Wilmington                CA                              5,000,000
              Charging Infrastructure
       258   Zero Emissions Bus Purchase--  Pasadena                  CA                              2,100,000
              Pasadena, CA
       259   16th St Mall Reconstruction    Denver                    CO                              6,530,000
              Program
       260   Aurora Bicycle and Pedestrian  Aurora                    CO                                800,000
              Master Plan Update
       261   Big Barnes Ditch Trail         Loveland                  CO                                500,000
              Improvements
       262   Cameron Peak Post-Fire         Larimer County            CO                              2,000,000
              Emergency Funding
       263   Central Corridor Rail          Denver                    CO                              7,930,000
              Replacement
       264   CO 9 Widening from Iron        Summit County             CO                              1,000,000
              Springs to Frisco
       265   Easter/Havana Intersection     Centennial                CO                              6,000,000
              Improvements
       266   Eisenhower Johnson Memorial    Dillon                    CO                              4,000,000
              Tunnel (EJMT) Repairs and
              Upgrades
       267   Expansion of Gun Club Road     Aurora                    CO                              1,500,000
       268   Federal Parkway Multimodal     Westminster               CO                              4,107,114
              Transportation Improvements
       269   Frisco Transit Center          Frisco                    CO                              6,650,000
       270   I-25 Valley Highway: Phases 3  Denver                    CO                              5,530,000
              and 4 ROW Acquisition
       271   I-25/Belleview Avenue          Greenwood Village         CO                             10,000,000
              Interchange Improvements
       272   I-70 and 32nd Ave. Bridge      Wheat Ridge               CO                              2,000,000
              Replacement
       273   SH-72 (Indiana St) Widening    Arvada                    CO                              1,095,872
              at UPRR
       274   State Highway 119 and State    Boulder County            CO                              5,000,000
              Highway 52 Multimodal
              Intersection Improvements
       275   US 36 and Community Drive      Estes Park                CO                                850,000
              Roundabout
       276   Wadsworth Widening: 35th       Wheat Ridge               CO                             10,000,000
              Avenue to I-70
       277   West Colfax Pedestrian Safety  Lakewood                  CO                              1,750,000
              and Infrastructure Project
       278   Branchville Transit Oriented   Ridgefield                CT                              1,853,120
              Development Pedestrian/
              Bicycle Improvement
       279   Comstock Brook Bridge (No.     Wilton                    CT                              2,400,000
              04975) Replacement
       280   Coventry Main Street Sidewalk  Coventry                  CT                              1,200,000
              Project Final Extension
       281   CT-195 (Storrs Road)           Mansfield                 CT                              2,240,000
              Pedestrian Safety
              Improvements
       282   East Haddam/Haddam Swing       East Haddam               CT                              5,000,000
              Bridge Rehabilitation
              Project
       283   Essex River Road Bridge and    Essex                     CT                              2,400,000
              Sidewalk Project
       284   Five Mile River Bridge (No.    Norwalk                   CT                              2,860,000
              04152) Replacement
       285   Greater Hartford Mobility      Hartford and East         CT                             16,000,000
              Study - Planning and           Hartford
              Preliminary Engineering
       286   Greenwich Creek Bridge (No.    Greenwich                 CT                              2,530,000
              01872) Replacement
       287   Harbor Brook Bridge (No.       Meriden                   CT                              2,800,000
              04185) Replacement Project
       288   Intersection Improvements on   Danbury                   CT                              3,332,000
              Route 39 at Beckerle Street
              and East Gate Road
       289   Mill River Bridge (No. 04953)  Fairfield                 CT                              2,700,000
              Replacement
       290   New Haven Downtown Crossing    New Haven                 CT                             20,000,000
              Phase 4 - Temple Street
              Crossing
       291   New London Pedestrian Bridge   New London                CT                              4,860,000
              and Public Access Project
       292   Park Avenue Traffic Signals    Bridgeport                CT                              2,686,000
       293   Quinebaug River Trail -        Plainfield                CT                              2,179,953
              Plainfield Section
       294   Route 10 Hop Brook Bridge      Simsbury                  CT                              2,400,000
              (No. 00653) Replacement
              Project
       295   Route 109 Bridge (No. 05417)   Morris                    CT                              1,520,000
              Replacement Project
       296   Route 202 Intersection         Brookfield                CT                              7,400,000
              Improvement Project
       297   Route 25 Bridge (No. 06750)    Trumbull                  CT                              1,464,000
              Rehabilitation
       298   Stamford Transportation        Stamford                  CT                              3,500,000
              Center Improvement
       299   20 x 22 Protected Bike Lanes   Washington                DC                              3,000,000
       300   Arboretum Bridge and Trail     Washington                DC                              4,000,000
       301   Bus Priority Program           Washington                DC                              4,000,000
       302   H Street Bridge                Washington                DC                              3,000,000
       303   Metropolitan Branch Trail--    Washington                DC                              3,000,000
              Fort Totten to Takoma
       304   Pavement Restoration,          Washington                DC                              3,000,000
              National Highway Performance
              Program
       305   US 113/SR 20 Grade Separated   Millsboro                 DE                             10,000,000
              Intersection
       306   West Camden Bypass             Camden                    DE                             10,000,000
       307   Approach Road at Cecil Air     Jacksonville              FL                                600,000
              and Space Port
       308   Card Sound Bridge Replacement  Key Largo                 FL                              4,200,000
              Planning and Design Project
       309   City of South Miami            South Miami               FL                              4,330,000
              Pedestrian Bridge
       310   Commodore Trail Missing Link   Miami / Coral Gables      FL                                999,205
       311   Dunedin Causeway Bridge        Dunedin                   FL                              8,000,000
              Project
             .............................  ........................  ........................        5,000,000
             .............................  ........................  ........................        3,000,000
       312   Harborview Road from           Port Charlotte            FL                             20,000,000
              Melbourne Street to I-75
       313   Marlin Road Roadway            Cutler Bay                FL                              8,800,000
              Improvements Project
       314   Miami River Greenway--Curtis   Miami                     FL                              2,392,000
              Park East
       315   Midway Road Multimodal/        Port St. Lucie            FL                             15,000,000
              Freight Improvements and
              Florida's Turnpike
              Connection
       316   North Bay Village 79th Street  North Bay Village         FL                              1,000,000
              Complete Streets Project
       317   Port St. Lucie Boulevard       Port St. Lucie            FL                              5,000,000
              South--Segment 2.2
              (Alcantarra Boulevard to
              Paar Drive)
       318   PortMiami Shore Power Pilot    Miami                     FL                              2,000,000
              Program
       319   Reconstruction of State Road   Lakeland                  FL                             20,000,000
              33/Interstate 4 Interchange
              (Exit 38)
       320   Ridge Road Extension Phase 2B  Unincorporated Pasco      FL                             15,000,000
                                             County
       321   Alleyways Drainage             Miami Gardens             FL                                240,000
              Improvement Project
       322   Breakers Avenue Streetscape    City of Fort Lauderdale   FL                              5,200,000
              Project
       323   Cass Street Bridge             Tampa                     FL                              5,116,000
              Rehabilitation
       324   Central Florida Regional       Orlando                   FL                              1,032,500
              Transportation Electronic
              Contactless Payment System
       325   City of West Palm Beach Grand  West Palm Beach           FL                              1,200,000
              View Heights Street
              Pedestrian Safety
              Improvements Phase 2
       326   Corrine Drive Complete         Orlando                   FL                              6,900,000
              Streets Project
       327   County Line Road Improvement   West Park                 FL                                944,000
              Project
       328   Crystal Lake Drive Project     City of Deerfield Beach   FL                                389,088
       329   E.E. Williamson Road Trail     Longwood                  FL                              4,346,000
              Connect
       330   Econlockhatchee Trail          Orlando                   FL                              8,193,500
              Multimodal Corridor
              Improvements
       331   Flavor Pict Road from Lyons    Delray Beach              FL                              4,780,000
              Road to Hagen Ranch Road
       332   Gulf to Bay (SR60) Duke        Clearwater                FL                              6,000,000
              Energy Trail Overpass
       333   HART Bus Shelter               Tampa                     FL                              6,990,100
              Revitalization and Expansion
       334   Hinson Avenue Widening         Haines City               FL                              1,375,000
              Project
       335   International Drive and Sand   Orlando                   FL                              7,000,000
              Lake Road (SR 482)
              Pedestrian Bridge
       336   InVision Tampa Streetcar       Tampa                     FL                              7,700,000
       337   Johnson Street Bridge          Hollywood                 FL                              2,904,000
              Replacement Project
       338   JTA's Sustainability and       Jacksonville              FL                              2,315,840
              Renewable Energy Transit
              Facility (Project ID 425454-
              2)
       339   Lake Monroe Loop Trail         Sanford                   FL                              3,313,181
       340   Lowson Boulevard from Dover    Delray Beach              FL                              1,106,296
              Road to Federal Highway
       341   Loxahatchee Rd. from Arthur    City of Parkland          FL                              5,000,000
              Marshall Loxahatchee Refuge
              to SR-7/US-441
       342   Lyons Road Pedestrian          City of Coconut Creek     FL                              2,700,000
              Mobility Lighting and Safety
              Project
       343   Magnolia Drive Trail - Phase   Tallahassee               FL                              5,000,000
              1, 2, & 4 (Project ID:
              4098037)
       344   Marigold Ave from San Lorenzo  Poinciana                 FL                              4,731,586
              Rd to Peabody Rd (4
              Roundabouts)
       345   Neptune Road Widening and      Kissimmee                 FL                              5,000,000
              Improvement Project
       346   NW 183rd to 191st Street and   Miami Gardens             FL                              1,200,000
              NW 27th to 42nd Avenue Road
              and Sidewalk Project
       347   NW 187th Street to NW 199th    Miami Gardens             FL                                960,000
              Street, from NW Sunshine
              State Parkway East to NW
              12th Avenue Area-Road
              Resurfacing, Sidewalks, and
              Drainage Improvement Project
       348   NW 191st to 199th Street and   Miami Gardens             FL                                600,000
              NW 2nd to 7th Avenue Roadway
              and Sidewalk Project
       349   NW 199th to 202nd Street       Miami Gardens             FL                                960,000
              between NW 3rd and 15th
              Avenue-Road Resurfacing and
              Sidewalks Improvement
              Project
       350   NW/NE 87th Street Corridor     Village of El Portal      FL                              1,320,551
       351   Opa-locka Railroad Crossing    Opa-Locka                 FL                              2,400,000
              Repair
       352   Orange Blossom Trail           Orlando                   FL                              3,012,472
              Sidewalks Phase 2A
       353   Palm Beach County Bus Shelter  Palm Beach County         FL                              8,300,000
              Infrastructure
             .............................  ........................  ........................          300,000
             .............................  ........................  ........................        8,000,000
       354   Palm Springs, FL, Park         Palm Springs              FL                                854,550
              Connector Pathway System
       355   Pine Hills Trail Phase 2 from  Orlando                   FL                                557,000
              Silver Star Road (SR 438) to
              Clarcona-Ocoee Road
       356   President Barack Obama         Orlando                   FL                              8,360,000
              Parkway, Phase 2, Orlando,
              Florida
       357   Rolling Stock                  Hallandale Beach,         FL                              9,000,000
                                             Hollywood, Dania Beach,
                                             Fort Lauderdale, Wilton
                                             Manors, Oakland Park,
                                             Pompano Beach,
                                             Deerfield Beach and
                                             Palm Beach County
             .............................  ........................  ........................        5,000,000
             .............................  ........................  ........................        4,000,000
       358   SMART Plan Beach Express       Miami                     FL                              9,100,000
              (BERT) North Capital Bus
              Purchase
       359   Solar-Powered Zero-Emission    St. Petersburg            FL                              6,000,000
              Bus and Facility Charging
              Infrastructure
       360   South City Transit Capital     Tallahassee               FL                              2,400,000
              Project StarMetro
              Modernization
       361   Southcot Drive Sidewalk        Casselberry               FL                                189,357
       362   SR 50 (Colonial) from          Orlando                   FL                                917,933
              Thornton Ave to Mills Ave
       363   SR 63 (US 27) Monroe Street    Tallahassee               FL                              2,400,000
              from John Knox Road to
              Lakeshore Drive (Project ID
              4450531)
       364   SR-5/US-1/Federal Hwy from     Hollywood                 FL                              1,899,308
              Johnson St. to SR-822/
              Sheridan St.
       365   SR-820/Pines Blvd from W of    Pembroke Pines            FL                              5,000,000
              SW 136th Ave to E of NW
              118th Ave
       366   SR-A1A from Hallandale Beach   Hallandale Beach,         FL                              1,075,350
              Boulevard to Dania Beach       Hollywood, and Dania
              Boulevard Drainage             Beach
              Improvement Project
       367   StarMetro Bus Replacement      Tallahassee               FL                              1,800,000
       368   SW 36th Street Complete        West Park                 FL                              1,600,000
              Street Improvements Project
       369   SW 52nd Avenue Complete        West Park                 FL                                602,400
              Street Improvements Project
       370   Treasure Island Causeway       Treasure Island           FL                              4,480,000
              Bridge Project
       371   University Boulevard at Dean   Orlando                   FL                              1,000,000
              Road Intersection
              Improvement
       372   University Drive from NW 40th  City of Coral Springs     FL                              5,000,000
              St. to Sawgrass Expressway
       373   West Warren Avenue Complete    Longwood                  FL                                400,000
              Street
       374   Atlanta Beltline               Atlanta                   GA                              5,000,000
       375   Big Creek Greenway Phase 2     Cumming                   GA                              3,000,000
              Renovation-Replacement
       376   Brennan Road Improvements      Columbus                  GA                              7,360,000
       377   Buford Highway Pedestrian      Doraville                 GA                              1,373,859
              Improvements
       378   Bus/Paratransit Vehicle        Snellville/Northern       GA                              6,000,000
              Acquisition for Local Route    Dekalb
              70
       379   Cascade Multimodal Corridor    Atlanta                   GA                              1,000,000
       380   Cherokee Area Transportation   Canton                    GA                              2,400,000
              System Headquarters
       381   City of Forest Park            Forest Park               GA                              2,000,000
              Pedestrian Bridge
       382   City of Sugar Hill's Highway   Sugar Hill                GA                              5,000,000
              20 Pedestrian Bridge
       383   Clayton Justice Center         Jonesboro                 GA                              4,960,000
              Transit Hub - Phase II
       384   Cobb Parkway at McCollum       Kennesaw                  GA                              3,500,000
              Parkway Road Realignment
       385   Cumberland Core Loop           Atlanta                   GA                              1,700,000
       386   East West Connector Corridor   Smyrna                    GA                              4,500,000
              Improvement, Cobb County GA
       387   Emory-CDC Intersection         Atlanta                   GA                                550,000
              Project
       388   GDOT Project No. 0013752       Americus                  GA                              1,216,958
       389   GDOT Project No. 0015563       Cuthbert                  GA                              2,405,280
       390   GDOT Project No. 0015638       Reynolds                  GA                              1,608,000
       391   GDOT Project No. 0015651       Arabi                     GA                                568,000
       392   GDOT Project No. 0015652       Talbotton                 GA                                984,000
       393   Global Gateway Connector       College Park              GA                              3,542,355
       394   Gwinnett Place Transit Center/ Gwinnett County           GA                              5,000,000
              Mall of Georgia local bus
              service
       395   I-20 Diverging Diamond         Douglasville              GA                              5,000,000
              Interchange at Chapel Hill
              Road
       396   Lawrenceville Area Park and    Lawrenceville             GA                              4,800,000
              Ride Lot
       397   Macon Transit Authority        Macon                     GA                              2,600,000
              Electric Transit and
              Paratransit Vehicle
              Purchases
       398   MARTA Route 115--Covington     Decatur                   GA                              2,000,000
              Highway
       399   McDaniel Farm Park Connector   Gwinnett County           GA                              2,000,000
              multi-use path
       400   Metropolitan Parkway Arterial  Atlanta                   GA                              3,000,000
              Rapid Transit (ART)
       401   New Bus Rapid Transit Service  Snellville/Stone          GA                              5,000,000
              along US 78                    Mountain
       402   North Avondale Road Complete   Avondale Estates          GA                              1,975,560
              Streets Project
       403   Peachtree Creek Greenway       Brookhaven                GA                              3,382,000
       404   Project DeRenne                Savannah                  GA                             20,000,000
       405   Safety Improvements--          Albany                    GA                                368,791
              Intersection of N Westover
              Blvd at Nottingham Way
       406   South Barrett Parkway          Kennesaw                  GA                              2,000,000
              Reliever
       407   South Cobb Drive Corridor      Smyrna                    GA                                250,000
       408   SR 120 (Abbotts Bridge Road)   Johns Creek               GA                             13,800,000
              Operational and Safety
              Improvements
       409   SR234 and Westover Blvd--Add   Albany                    GA                                349,295
              Westbound Right Turn and
              Southbound Left
       410   Stonecrest Transit Hub         Stonecrest                GA                              5,000,000
       411   Widen and Realign              Albany                    GA                              2,509,319
              Intersection of Sands Drive
              and Radium Springs
       412   Windy Hill Boulevard           Smyrna                    GA                                500,000
       413   Guam Public Transit            Hagatna                   GU                             20,000,000
              Modernization--Bus Shelters
       414   Bus and Handi Van Acquisition  Honolulu                  HI                              7,398,400
              Program (Battery Electric
              Buses; Electrification of
              Route 40)
             .............................  ........................  ........................        3,699,200
             .............................  ........................  ........................        3,699,200
       415   Hanapepe Road Resurfacing      Hanapepe                  HI                              3,680,000
       416   Hawaii Recreational Trails     Multiple Cities           HI                              4,000,000
              Program (Hawaii Integrated
              Trail System)
       417   Interstate Route H-1           Honolulu                  HI                              6,150,000
              Improvements, Eastbound, Ola
              Lane Overpass to Vineyard
              Boulevard
       418   Leeward Bikeway, Philippine    Honolulu                  HI                              6,150,000
              Sea Road to Waipahu Depot
              Street
       419   Papalaua Street (RTS 3020, MP  Maui                      HI                              1,154,000
              0.13-MP0.17) Traffic Signal
              Upgrade at Wainee Street
              (Route 3015, MP 0.3-MP0.34)
       420   Waianuenue Avenue              Hilo                      HI                              7,277,499
              Rehabilitation
       421   Waimea to Kekaha Shared Use    Hanapepe                  HI                              2,000,000
              Path
       422   Wakea Avenue (Route 3920, MP   Maui                      HI                              2,186,000
              0.70-MP 0.71) and Kamehameha
              Avenue (Route 3940, MP 0.91-
              MP0.92) Intersection
              Improvements
       423   HIRTA Regional Transit         Waukee                    IA                              2,321,000
              Facility
       424   In the City of Iowa City, on   Iowa City                 IA                              9,943,600
              Dodge Street, from
              Burlington Street north to
              Governor Street.
       425   Iowa 136 bridge replacement    Clinton County            IA                              1,144,800
              over Elwood Creek 3.1 miles
              west of US 61 in Clinton
              County
       426   Marion County--County Road     Marion County             IA                              2,000,000
              G28 corridor
       427   Red Rock Prarie Trail (Iowa    Prairie City              IA                                900,000
              117 to Co Rd S27)
       428   Bus Replacements Across the    Des Moinse                IA                              5,000,000
              District
       429   Mills Civic Parkway            West Des Moines           IA                              2,000,000
              Improvements
       430   Red Oak Bridge Replacement     Red Oak                   IA                                700,000
       431   Southeast Connector            Des Moines                IA                              7,000,000
       432   Traffic Incident Management    Johnston                  IA                              4,880,000
              Center at Camp Dodge--Phase
              I
       433   1st Street Reconstruction      Ammon                     ID                              5,375,700
       434   Center Street Railroad Bridge  Pocatello                 ID                              4,277,000
              Underpass
       435   Fort Hall Connect- Upgrade of  Fort Hall                 ID                              3,500,000
              Ross Fork Road
       436   I-15B (US-30) McCammon IC TO   McCammon                  ID                              1,716,660
              Old US-91
       437   State Street Premium           Boise and Garden City     ID                              2,000,000
              Corridor, Part 2, Boise
              Area, Valley Regional
              Transit
       438   Alton Avenue Reconstruction    Madison                   IL                                624,000
       439   Alton Road Reconstruction      Carlinville               IL                                616,000
              Phase I & II
       440   Brush College Road and Faries  Decatur                   IL                              2,000,000
              Parkway Grade Separation
       441   Calhoun Street Bridge          City of Morris            IL                              1,200,000
              Replacement
       442   Candy Lane                     Macomb                    IL                              3,500,000
       443   Centennial Park Shared Use     Heyworth                  IL                                963,540
              Path
       444   Cloverleaf and East Madison    Madison                   IL                                296,000
              Subdivisions Improvements
       445   Curtis Road Grade Separation   Savoy                     IL                              3,293,700
              & Complete Streets Project
       446   Dix Irvington Road Safety      Centralia                 IL                                600,000
              Project
       447   Dupo Interchange               Dupo                      IL                              1,700,000
       448   Edwardsville Road Resurfacing  Wood River                IL                                668,000
              Project
       449   Frank Scott Parkway East       Shiloh                    IL                             12,512,000
              Extension
       450   Hamilton Road East-West        Bloomington               IL                              7,000,000
              Connection Project
             .............................  ........................  ........................        3,500,000
             .............................  ........................  ........................        3,500,000
       451   Hilltop Road Multi-Use Trail   Springfield               IL                                440,000
              Extension Project
       452   Lincoln Prairie Trail Bridge   Taylorville               IL                                487,161
              Replacement Project
       453   Madison Avenue from 23rd       Granite City              IL                                759,420
              Street to 27th Street
              Resurfacing
       454   Main Street Reconstruction     Roscoe                    IL                              3,880,000
              Project
       455   Marissa--Main St. Resurfacing  Marissa                   IL                                476,000
       456   Pioneer Parkway                Peoria                    IL                              5,000,000
              Reconstruction
       457   Prospect Road Revitalization   Peoria Heights            IL                              6,000,000
       458   Reas Bridges Replacement       Decatur                   IL                              3,500,000
              Project over Lake Decatur
       459   Reconstruction of Main Street  Staunton                  IL                              1,569,456
              from Elm Street to Madison
              Street
       460   Resurfacing of County Highway  Williamson County         IL                                352,000
              16 in Williamson County
       461   Resurfacing of Main Street,    Marion                    IL                                572,000
              Bainbridge Trail, and
              Penecost Streets
       462   Riverside Boulevard            Loves Park and Rockford   IL                             14,920,000
              Reconstruction and Widening
              (Phase II and III)
       463   Royal Lakes Road               Royal Lakes               IL                                 23,408
              Rehabilitation Project
       464   Spotsylvania Street            New Athens                IL                                452,000
              Improvements
       465   Stanford Avenue                Springfield               IL                              1,279,035
              Reconstruction from 11th
              Street to Fox Bridge Road
       466   Structure Replacement Over     Carbondale                IL                                504,000
              Piles Fork Creek
       467   US 67 Widening from Delhi      Jerseyville               IL                              1,200,000
              Bypass Project to Crystal
              Lake Rd.
       468   West Main Cross Street         Taylorville               IL                              1,127,700
              Improvements from Webster
              Street to Shumway Street
       469   Western Road--Marshall County  Henry                     IL                              2,000,000
       470   118 N Clark Pedway Extension   Chicago                   IL                              2,700,000
       471   143rd St Expansion--West Ave   Orland Park               IL                              9,247,702
              to SW Highway
       472   143rd St from IL 59 to IL 126  Plainfield                IL                              6,200,000
             .............................  ........................  ........................        3,700,000
             .............................  ........................  ........................        2,500,000
       473   34th Street Road               Berwyn                    IL                              5,022,323
              Modernization and Stormwater
              Management Improvements
              Phase I Design
       474   606 Extension - Ashland Ave    Chicago                   IL                              1,440,000
              to Elston Ave
       475   75th Street from Milbrook      Naperville                IL                                648,560
              Drive to Greene Road
       476   80th Ave from 191st to 183rd   Tinley Park               IL                              1,500,000
              St Lane Improvements
       477   9th Street Two-Way Conversion  Rockford                  IL                              4,050,000
              (Whitman Interchange)
       478   Algonquin Road (Various        Spring Grove              IL                              2,400,000
              Intersections) and Wilmot
              Road at Main Street
              Intersection Improvements
       479   All Stations Accessibility     Chicago                   IL                              4,330,000
              Program--Blue Line Irving
              Park
       480   Arterial Resurfacing           Chicago                   IL                              9,357,677
       481   Berkeley Industrial            Chicago                   IL                                424,500
              Pedestrian Connector
       482   Bike Path along Quentin Road   Hawthorn Woods/Lake       IL                              1,000,000
                                             Zurich
       483   Bliss Rd/Fabyan from Fabyan    Geneva                    IL                              7,000,000
              to Bliss Rd
       484   Butler Drive                   Chicago                   IL                              4,500,000
       485   Central Road: Barringon Rd to  Hoffman Estates           IL                              2,000,000
              Huntington Blvd
       486   City of Berwyn, 16th Street    Chicago                   IL                              1,967,468
              Rehabilitation Project
       487   City of Peoria Adams/          Peoria                    IL                              5,000,000
              Jefferson 2-Way Conversion
       488   Columbia Bridge                Chicago                   IL                              2,000,000
       489   CTA--ASAP (Belmont Station)    Chicago                   IL                              3,370,000
       490   CTA Red Line--Loyola Station   Chicago                   IL                              3,600,000
              Improvements
       491   DeKalb Traffic Signal          DeKalb                    IL                                570,000
              Upgrades
       492   Division Street Resurfacing    Oak Park                  IL                              2,000,000
       493   Dundee Ave Reconstruction      Elgin                     IL                              5,900,000
       494   East Branch DuPage River       Lombard                   IL                              1,200,000
              Trail
       495   East New York Street from      Aurora                    IL                              1,138,300
              North Farnsworth Ave to
              Welsh Drive
       496   Fullerton Avenue between N     Glendale Heights          IL                                696,500
              Schmale Rd and Bloomingdale
              Rd
       497   Gougar Road from Laraway Road  Joliet and New Lenox      IL                              2,700,000
              to Francis Road
       498   Greater Downtown Master Plan   East Moline               IL                              4,946,000
              Phase 4A
       499   Hobson Rd 63rd St from         Woodridge                 IL                                490,000
              Woodridge Dr to Janes Ave
       500   Homan Corridor Improvements    Chicago                   IL                                500,000
       501   I-294 103rd Street             Chicago Ridge             IL                              5,000,000
              Interchange
       502   I-294 Crestwood/Robbins        Crestwood and Robbins     IL                              4,800,000
              Interchange
       503   I-57 Interchange near Mile     Unincorporated Will       IL                              4,500,000
              Marker 332 (Between Harlem     County
              Avenue and Pauling Road)
       504   IL 171 (State Street)          Lockport                  IL                              1,400,000
              Pedestrian Safety
              Improvements
       505   IL 38/Roosevelt Road at        Wheaton                   IL                              4,800,000
              Naperville Road
       506   IL 50 from S of Brookmont      Kankakee                  IL                              5,000,000
              Blvd to N of US 45/52 &
              Indiana Ave to Fair St in
              Kankakee
       507   IL-21 Milwaukee Ave            Glenview                  IL                              2,000,000
              Improvements (Glenview)
       508   IL-62 Algonquin Rd at New      Rolling Meadows           IL                                226,935
              Wilke Rd Intersection
              Improvements
       509   Jackson Blvd Resurfacing       Chicago                   IL                                800,000
              (Desplaines to Harlem Ave)
       510   Kedzie and Lake improvements   Chicago                   IL                                500,000
       511   Lake Cook Road (IL-53 to       Mount Prospect and        IL                              3,000,000
              Raupp Blvd)                    Desplains
       512   Lombard Rd Resurfacing and     Addison                   IL                                900,000
              Improvements
       513   Madison Street Resurfacing     Bellwood                  IL                              1,107,200
       514   Main Street Reconstruction     Batavia                   IL                                600,000
              from Randall Road to Van
              Nortwick Avenue
       515   McConnell Road Intersection    Freeport                  IL                              2,528,200
              and Roadway Improvements
       516   Metra Zero Emission Vehicle    Chicago Region            IL                             12,000,000
              Pilot
             .............................  ........................  ........................        1,000,000
             .............................  ........................  ........................        5,000,000
             .............................  ........................  ........................        6,000,000
       517   Midway Bus Terminal            Chicago                   IL                                550,000
              Electrification Concept
              Design
       518   N Lake Shore Drive             Chicago                   IL                              2,000,000
              Improvements
       519   North Chicago Pace Route       North Chicago             IL                                508,080
              Access
       520   Oak Park Avenue--111th St to   Worth                     IL                                520,000
              107th St
       521   Pace Cermak Road Transit       Westchester, Oak Brook    IL                                390,000
              Signal Priority                and Oakbrook Terrace
       522   Pace Pulse Line--Harlem        Morton Grove              IL                                400,000
              Avenue Traffic Signal
              Improvements
       523   Pace Pulse South Halsted Line  Chicago, Riverdale, and   IL                                900,000
                                             Harvey
       524   PACE Transit Signal Priority   Chicago                   IL                                900,000
       525   Park Blvd Resurfacing          Streamwood                IL                                220,783
       526   Patriot Path                   Lake County               IL                              9,794,640
       527   Proposed Midwest Medical       Galena                    IL                              2,000,000
              Center Entrance and Highway
              Improvements
       528   Pulaski Corridor Improvements  Chicago                   IL                                500,000
       529   Pulaski Road: 127th St to      Alsip, Crestwood,         IL                              2,500,000
              159th St                       Midlothian, Markham,
                                             and Robbins
       530   Rand US-12 / Kensington / IL-  Mount Prospect            IL                              4,500,000
              83 Intersection Improvements
       531   Rand/Central/Mt Prospect Road  Mount Prospect and        IL                                371,000
              Intersection Improvements      Desplains
       532   Randall and Hopps Road         Elgin                     IL                              5,000,000
              Intersection
       533   Randall Road from Alexandra    Lake in the Hills         IL                              2,000,000
              Blvd to Polaris Dr/Acorn Ln
       534   Rehabilitative Resurfacing of  Franklin Park             IL                                588,000
              Belmont Avenue--25th Ave to
              W of Elm St, Fran
       535   Rehabilitative Resurfacing of  Elmwood Park, Melrose     IL                              7,920,000
              Ill 64 North Ave--I-294 to     Park, Northlake, River
              Harlem Ave & N Frontage Rd -   Forest, River Grove
              7th Ave to 5th Ave
       536   Rodenburg Road Corridor        Roselle                   IL                                928,000
              Improvement Project
       537   Schick Road Resurfacing        Hanover Park              IL                                257,045
       538   Skokie Valley Trail Path       Skokie                    IL                              3,526,800
              Improvements
       539   Spring Street Resurfacing      South Elgin               IL                                171,264
       540   Study of S. Chicago/79th St/   Chicago                   IL                                800,000
              Stony Island Intersection
       541   Tonne Road Reconstruction--    Elk Grove Village         IL                              4,300,000
              Northern Section
       542   Traffic Signal Modernization-- Chicago                   IL                              1,350,000
              City of Chicago
       543   US Route 20 and Reinking Road  Elgin                     IL                              1,200,000
              Roundabout
       544   US Route 30 at Illinois Route  Matteson                  IL                              4,000,000
              50
       545   Washington Boulevard           Maywood                   IL                              1,424,000
              Improvements - 21st Avenue
              to 9th Avenue
       546   Weber Road from 135th Street   Romeoville                IL                              2,100,000
              to Airport Road
             .............................  ........................  ........................        1,000,000
             .............................  ........................  ........................        1,100,000
       547   West Branch DuPage River       West Chicago              IL                                500,000
              Trail Connection from West
              DuPage Woods Forest Preserve
              to Blackwell Forest Preserve
       548   Western Avenue Grade           Blue Island, Posen, and   IL                              4,500,000
              Separations                    Dixmoor
       549   Wolfs Crossing Road from US    Oswego                    IL                              4,822,000
              34 Chicago Road to Eola Road
              - Douglas Road Intersection
             .............................  ........................  ........................        3,616,500
             .............................  ........................  ........................        1,205,500
       550   Woodstock Railyard Relocation  Woodstock                 IL                              4,000,000
              & Expansion
       551   Zero Emission Locomotive       Blue Island, Chicago,     IL                              7,000,000
              Commuter Rail Pilot            Joliet, Midlothian,
                                             Mokena, New Lenox, Oak
                                             Forest, Robbins, Tinley
                                             Park
             .............................  ........................  ........................        2,000,000
             .............................  ........................  ........................        5,000,000
       552   Zion 27th Street Resurfacing   Zion                      IL                                920,320
       553   Added Travel Lanes at 45th     Unincorporated Lake       IN                              1,500,000
              Avenue                         County
       554   Central Avenue Road            Portage                   IN                              2,000,000
              Reconstruction
       555   IndyGo EV Charging Stations    Indianapolis              IN                                774,000
       556   Kennedy Avenue Bridge          Highland and Hammond      IN                              8,100,000
              Replacement
       557   Monument Circle/Market Street  Indianapolis              IN                             12,864,000
              Reconstruction
       558   Willowcreek Road Extension     Unincorporated Porter     IN                              7,411,200
                                             County
       559   Bridge Replacement on 151st    Sedgwick County           KS                              3,600,000
              Street West over the
              Ninnescah River (B485)
       560   Centennial Bridge Replacement  Leavenworth               KS                              1,000,000
       561   K-7 Bourbon County             Fort Scott                KS                              2,000,000
       562   K-7 Crawford County            Girard                    KS                              2,000,000
       563   Reconstruction of 151st St     Sedgwick County           KS                              3,200,000
              West between 53rd St North
              and Highway K-96 (R356)
       564   Reconstruction of the South    Sedgwick County           KS                                880,000
              Half Mile of 135th Street
              West between 53rd and 61st
              Streets North (R348)
       565   Route 458 Improvements         Lawrence                  KS                                750,000
       566   SW Topeka Boulevard (21st to   Topeka                    KS                              1,480,000
              29th) Street Resurfacing
       567   Topeka Metropolitan Bus        Topeka                    KS                              3,000,000
              Replacement
       568   US-169 Neosho County           Thayer                    KS                              3,000,000
       569   US-400 Cherokee County         Cherokee                  KS                              2,000,000
       570   US-400 Greenwood County (KDOT  Greenwood County          KS                              5,000,000
              Project Number 400-037 KA-
              5790-01)
       571   US-56 Douglas County           Baldwin City              KS                              3,000,000
       572   Wakarusa Drive Reconstruction  Lawrence                  KS                              1,000,000
       573   Washington Creek Bridge        Lawrence                  KS                                400,000
              Replacement
       574   West Kellogg/US-54/400         Wichita                   KS                              1,800,000
              Expansion
       575   U.S. 69/167th St. Interchange  Overland Park             KS                             15,000,000
              Improvement Project
       576   Congestion reduction and       Covington                 KY                              2,000,000
              traffic improvement project
              on KY-17/Scott Boulevard/
              Greenup Street
       577   Extend KY 3155 from the        Leitchfield, Grayson      KY                              3,200,000
              southern Intersection at KY    County
              259 westerly to KY 54
       578   I-65 SB Ramp to Brook St       Louisville                KY                              9,600,000
       579   Improve KY 54 from west of     Owensboro, Daviess        KY                              4,600,000
              the US 60 Bypass to CR 1021    County
       580   Improve KY 461 from US 150 to  Mount Vernon, Rockcastle  KY                             18,200,000
              US 25                          County
       581   Improve US 421 near the        Cranks, Harlan County     KY                                960,000
              Virginia State Line
       582   Improve westbound lanes of US  Lewisport, Hancock        KY                              3,200,000
              60 from KY 1957 to KY 6106     County
       583   KY 335 improvements from US    Horse Cave, Hart County   KY                              3,200,000
              31W south of KY 218 to I-65
       584   KYCT project 6-80101, KY -18 / Boone County              KY                              5,200,000
               Superstreet construction
       585   KYTC Project 6-162.40, KY-536  Kenton County             KY                             12,064,000
              from Williamswood Rd. to
              Calvery Dr. to KY-17
       586   Newtown Pike Extension         Lexington                 KY                             20,000,000
              Project--Phase III Scott
              Street Connector
       587   Reconstruction of KY 44 from   Mount Washington, Bullit  KY                              4,800,000
              US 31E to KY 1319              County
       588   Reimagine 9th Street           Louisvile                 KY                              5,000,000
       589   Smart Signal Network           Louisville                KY                              2,900,000
       590   Traffic Calming Measures for   Louisville                KY                              2,400,000
              Shelby Park and Smoketown
              Neighborhoods
       591   Audubon Ave OVLY:LA 1 to       Thibodaux                 LA                                468,510
              Terrebonne P/L
       592   I-10 (Calcasieu River Bridge / Lake Charles              LA                             10,000,000
               Approach)
       593   I-49 Lafayette Connector       Lafayette                 LA                             10,000,000
       594   LA 3127                        St. James Parish          LA                             10,000,000
       595   LA 428, General Meyer Blvd     New Orleans               LA                              8,560,000
       596   MRB South GBR: LA 1 to LA 30   Baton Rouge               LA                              1,600,000
              Connector- Environmental
              Evaluation
       597   MRB South GBR: LA 1 to LA 30   Baton Rouge               LA                              8,000,000
              Connector (Pre-Engineering
              Design)
       598   Amherst Town Common            Amherst                   MA                              1,344,000
              Transportation and Mobility
              Improvements
       599   Barker Road Bridge Project     Pittsfield                MA                              1,000,000
       600   Beacon Street Bridle Path      Brookline                 MA                              2,000,000
       601   Belmont Community Path         Belmont                   MA                              3,500,000
       602   Blackstone Valley Multi-Use    Blackstone                MA                              8,130,842
              Path Phase 1, Segment - 2
       603   Blue Line Signal Program       Revere, Boston            MA                              6,000,000
       604   Bourne Rail Trail              Bourne                    MA                             14,728,680
       605   Brockton Area Transit--Buy     Brockton                  MA                              2,920,000
              Replacement 35' Bus (6)
       606   Brockton Area Transit--Buy     Brockton                  MA                              3,160,000
              Replacement 35' Electric Bus
              (5)
       607   Brockton Area Transit--        Brockton                  MA                                480,000
              Purchase Misc. Electric
              Power Equipment
       608   Christina Street Rail Bridge   Newton                    MA                              1,600,000
       609   Columbian Square Intersection  Weymouth                  MA                              3,000,000
              Improvements
       610   Court and Cherry Street        Plymouth                  MA                              2,000,000
              Intersection Improvement
       611   Davis Square Transit Signal    Somerville                MA                                100,000
              Priority Project
       612   Division Street Bridge         Great Barrington          MA                              2,000,000
              Project
       613   Double-Tracking on Haverhill   Andover and Wilmington    MA                              5,800,000
              Line in Massachusetts
             .............................  ........................  ........................        2,900,000
             .............................  ........................  ........................        2,900,000
       614   Drift Road at Kirby Brooke     Westport                  MA                                600,000
              Replacement Project
       615   Fiske Street and Andover       Tewksbury                 MA                                456,000
              Street Sidewalk and Street
              Improvements
       616   Glendale Street Bridge         Easthampton               MA                              1,000,000
              Project
       617   Intersection Improvements at   Southbridge               MA                              1,000,000
              Central Street, Foster St,
              Hook St, Hamilton St
       618   Intersection improvements at   Ashby                     MA                              1,000,000
              Greenville Road (Rte 31) and
              Turnpike Road
       619   Intersection Improvements at   Acton                     MA                              1,100,000
              Massachusetts Avenue (Route
              111) and Main Street (Route
              27) (Kelley's Corner)
       620   Intersection improvements at   Methuen                   MA                              1,000,000
              Riverside Drive and Burnham
              Road
       621   Intersection Improvements at   Sterling                  MA                                320,000
              Route 140/Route 62
       622   Intersection Improvements on   Ayer and Littleton        MA                              1,000,000
              Route 2A at Willow Road and
              Bruce Street
       623   Intersection reconstruction    Haverhill                 MA                              1,000,000
              on Rte 108 (Newton Road) at
              Rte 110 (Kenoza Ave. and
              Amesbury Road)
       624   James Street Project           Chicopee                  MA                              2,000,000
       625   Lake Cochituate Path           Natick                    MA                              3,078,722
       626   Leyden Road Sidewalk           Greenfield                MA                              1,840,000
              Construction
       627   Lynn Commuter Rail Station     Lynn                      MA                             10,000,000
              Rehabilitation
       628   McGrath Highway Road Diet /    Somerville                MA                                500,000
              Protected Bike Lane Project
       629   Merrymount Bridge              Quincy                    MA                              6,000,000
              Reconstruction Project
       630   MetroWest Regional Transit     Framingham                MA                              1,600,000
              Authority Blandin Back
              Entrance (MWRTA BEB Project)
       631   New vans for elderly and       Haverhill                 MA                                375,000
              those with disabilities
       632   North Adams Adventure Trail    North Adams               MA                              2,000,000
       633   Peabody Canal Riverwalk        Peabody                   MA                              6,642,980
              Construction
       634   Planning and Design for        Boston                    MA                              2,500,000
              protecting critical
              transportation
              infrastructure and improving
              pedestrian access to the
              Northern Avenue Bridge and
              along the Fort Point Channel
       635   Reconstruction and Related     Winthrop                  MA                              5,058,493
              Work Along Revere Street
              Corridor
       636   Reconstruction and related     Lowell                    MA                              3,000,000
              work on VFW Highway
       637   Reconstruction of Foster       Littleton                 MA                              2,000,000
              Street
       638   Regional Bike and Walking      North Attleborough        MA                              1,500,000
              Trail (North Attleborough
              Branch)
       639   Rehab Fitchburg Intermodal     Fitchburg                 MA                                400,000
              Center
       640   Rehabilitation & Box Widening  Shrewsbury                MA                              8,000,000
              on Route 20, from Route 9 to
              South Street
       641   Rehabilitation of Boston Road  Westford                  MA                              2,000,000
       642   Replace diesel bus with        Lowell                    MA                                624,800
              hybrid bus
       643   Replace fueling station at     Lowell                    MA                                775,200
              100 Hale Street
       644   Riverbank stabilization        Haverhill                 MA                                725,000
              construction at MVRTA bus
              garage and administration
              building
       645   Roadway rehabilitation on      Ashburnham                MA                              1,000,000
              route 101 south (Ashburnham)
       646   Route 131 Bridge Project       Dudley                    MA                              1,000,000
       647   Route 28 / Route 38            Somerville                MA                              3,000,000
              Intersection Safety
              Improvements Project
       648   Ruggles Station State of Good  Roxbury                   MA                              3,000,000
              Repair Improvements
       649   Stoughton Intersection         Stoughton                 MA                              1,840,000
              Improvements at Canton St.
              (Route 27), School St., and
              Summer St.
       650   Sturbridge Roundabout          Sturbridge                MA                              1,000,000
              Construction
       651   Sudbury-Concord Bike Path      Concord                   MA                              1,000,000
              Construction (Bruce Freeman
              Trail)
       652   Taunton River Trail            Taunton                   MA                              4,800,000
       653   Union Station Regreening &     Springfield               MA                              6,000,000
              Lighting Project
       654   Walnut Street Signalization    Foxborough                MA                              2,000,000
              Project
       655   Warren Street / Blue Hill      Boston                    MA                             12,000,000
              Avenue Multi-modal Corridor
              Phase I
       656   West Rodney French             New Bedford               MA                              2,373,680
              Improvement Project
       657   West Street/Route 27           Medfield                  MA                              1,440,000
              Intersection Reconstruction
       658   Baltimore Greenway Trails      Baltimore City            MD                             13,200,000
              Network: Critical Corridor
              Advancements
             .............................  ........................  ........................        4,400,000
             .............................  ........................  ........................        4,400,000
             .............................  ........................  ........................        4,400,000
       659   Bicycle-Pedestrian Priority    Montgomery County         MD                              6,500,000
              Area Improvements--Purple
              Line (TIP 3642 Pedestrian
              Safety Program)
       660   Dobbin Road Pathway            Columbia                  MD                              3,200,000
       661   Dual Locomotives for Commuter  Baltimore City            MD                              2,000,000
              Rail Service in the Future
              B&P Tunnel
             .............................  ........................  ........................        1,000,000
             .............................  ........................  ........................        1,000,000
       662   East-West Priority Corridor    Baltimore                 MD                             15,000,000
             .............................  ........................  ........................        5,000,000
             .............................  ........................  ........................        5,000,000
             .............................  ........................  ........................        5,000,000
       663   Electric Bus Grants            Rockville, Silver Spring  MD                              4,992,000
             .............................  ........................  ........................        1,937,000
             .............................  ........................  ........................        1,780,000
             .............................  ........................  ........................        1,275,000
       664   Fayette Street Bridge          Cumberland                MD                              4,800,000
              Replacement
       665   Frederick and Pennsylvania     City of Frederick and     MD                              2,560,000
              Railroad Trail                 Walkersville
       666   Howard County Flash Extension  Columbia                  MD                              3,200,000
       667   I-81 Phase 2 Reconstruction    Hagerstown                MD                              4,620,000
       668   Interstate 95/Greenbelt METRO/ Greenbelt                 MD                             20,000,000
              MARC Station Access and
              Redevelopment Project
       669   MicroTransit & Demand          Owings Mills              MD                              2,019,012
              Response Electric Transit
              Vehicles and Infrastructure
       670   New Carrollton Metro/MARC/     Landover                  MD                             18,480,000
              Amtrak/Purple Line
              Multimodal Transit District
              Right-of-Way Improvements
       671   Northwest Expressway (I-795)   Owings Mills              MD                                800,000
              at Dolfield Boulevard
              Interchange Redesign
       672   Parole Transportation Center   Annapolis                 MD                              2,000,000
       673   US 1 Safety Projects           North Laurel, Savage,     MD                              3,200,000
                                             Jessup, Elkridge
       674   US 15 Frederick Freeway        Frederick                 MD                              8,800,000
              Reconstruction
       675   US 29 Rapid Transit            Silver Spring             MD                              4,000,000
              Improvements--Phase 2 Design
       676   Veirs Mill /Randolph Bicycle   Rockville                 MD                              6,000,000
              & Pedestrian Priority
              Improvements
       677   Woodley Road Extension to MD   Aberdeen                  MD                              5,000,000
              715
       678   Berwick Route 9--Intersection  Berwick                   ME                                800,000
              Improvements
       679   Casco Bay Lines Replacement    Portland                  ME                              7,500,000
              Ferry
       680   Maine State Ferry Vessel       Rockland                  ME                              7,500,000
              Replacement
       681   Milo, Sebec River Bridge       Milo                      ME                              8,000,000
              Replacements and Village
              Improvements
       682   New Transit Hub                Bangor                    ME                                327,600
       683   Sanford SRTS Multi-Use Trail   Sanford                   ME                                400,000
       684   Sanford US Route 202/State     Sanford                   ME                              3,600,000
              Route 4A
       685   U.S. Route 1 Improvements      Van Buren                 ME                             10,700,000
       686   10 Mile Signal Modernization   Center Line               MI                                550,068
       687   14 Mile Rd Rehabilitation,     Beverly Hills             MI                              1,208,080
              Lahser to Evergreen
       688   14 Mile Road                   Roseville                 MI                              3,100,000
       689   21 Mile Road Bridge            Macomb Township           MI                              1,616,800
              Replacement over the Gloede
              Drain
       690   Airport Road Rehabilitation    Blackman Township,        MI                              4,930,000
              Project                        Jackson County
       691   Beck Road Business Corridor    Wixom                     MI                             18,612,000
              Railroad Grade Crossing
              Safety Project
       692   Bridge and Pedestrian          Detroit                   MI                              1,838,812
              Facility Upgrades on the
              Detroit Riverwalk
       693   Bristol Road and Van Slyke     Flint Township            MI                                700,000
              Road Concrete Pavement
              Reconstruction Project
       694   Bristol Road: Mill and         Burton                    MI                              1,248,000
              Resurface
       695   Burcham Dr.                    East Lansing              MI                              1,017,838
       696   Center Road Reconstruction     Genesee Township          MI                                600,000
              Project
       697   Coolidge Rd (Road              East Lansing              MI                                883,359
              Rehabilitation and Bike
              Lanes)
       698   Division Avenue Project        Grand Rapids              MI                              4,200,000
       699   E Michigan Avenue              Lansing                   MI                              2,589,121
       700   Feher Drive Reconstruction &   Montrose                  MI                                680,000
              Pedestrian Improvement
              Project
       701   Fenton Road Bridge over the    Flint                     MI                                400,000
              Thread Creek
       702   Flint Mass Transportation      Flint                     MI                              1,062,387
              Authority (MTA) Rides to
              Wellness Facility Expansion/
              Renovation
       703   Genesee Street Bridge over     Lapeer                    MI                              1,896,750
              Farmers Creek
       704   Grandville Avenue Project      Grand Rapids              MI                              4,000,000
       705   Haist Road over Pigeon River   Winsor Township           MI                                194,000
              Preventive Maintenance
       706   Hubbard Street Rehabilitation  Mount Clemens             MI                                942,400
       707   Inkster Road Bridge Over the   Inkster                   MI                                329,600
              Lower Rouge River--Capital
              Preventative Maintenance
       708   Intelligent Transportation     Pontiac                   MI                              2,240,000
              Systems Capital Investments
              in Traffic Signals on M-59
       709   Iron Belle Trail               Burton                    MI                              1,200,000
       710   Joe Louis Greenway Hamtramck   City of Hamtramck         MI                              3,920,000
              Drive Shared Use Path
       711   Kalamazoo US-131/US-131BR      Kalamazoo                 MI                             14,745,600
       712   Kelly Road                     Fraser                    MI                              3,500,000
       713   King Road Bridge Replacement   China Township            MI                              2,299,800
              over the Belle River
       714   Kuhl Road over Shebeon Drain   Fairhaven Township        MI                              1,282,400
              Bridge Replacement
       715   Lake Shore Drive, Houghton     Calumet and Hancock       MI                              1,040,000
              County, Michigan               Township
       716   M-143W                         Lansing                   MI                                597,767
       717   M-46 and M-19 Reconstruction   Elmer Township            MI                             10,073,042
       718   Marlette Road Bridge over      Marlette                  MI                              1,406,000
              South Branch of the Cass
              River
       719   Miller Road and Rotunda Drive  Dearborn                  MI                             20,000,000
              Bridges
       720   Mound Road Industrial          Macomb County, Warren     MI                             11,000,000
              Corridor Technology and
              Innovation Project
             .............................  ........................  ........................        1,000,000
             .............................  ........................  ........................       10,000,000
       721   Mt. Vernon Street              Southfield                MI                              4,400,000
              Reconstruction
       722   N Cedar St                     Mason                     MI                              2,543,083
       723   N Putnam St                    Williamston               MI                                375,000
       724   N. Leroy Streetscape and       Fenton                    MI                              1,600,000
              Resurfacing Project
       725   North Beech Daily Road         Dearborn Heights          MI                              1,417,226
              Rehabilitation Project
       726   Oakland Avenue Road            Highland Park             MI                              1,212,169
              Rehabilitation Project
       727   Oakville Waltz Road            London Township           MI                              3,728,000
       728   Orchard Lake Road from 13      Farmington Hills          MI                              1,076,085
              Mile to 14 Mile
       729   Orchard Lake Road from         City of Sylvan Lake,      MI                              2,000,000
              Middlebelt to Pontiac City     West Bloomfield and
              Limits                         Bloomfield Township in
                                             Oakland County
       730   Ottawa Avenue Project          Grand Rapids              MI                                845,000
       731   Pedestrian Improvements on US- Wayne                     MI                                828,000
              12
       732   Pennsylvania Road Grade        On border of City of      MI                             15,000,000
              Separation                     Romulus and Huron
                                             Township
       733   Pierson Road Reconstruction    Mt. Morris Township       MI                              2,400,000
              Project
       734   Plank Road over US-23          Milan                     MI                              4,335,618
       735   Reid Road Downtown             Grand Blanc               MI                                700,000
              Streetscape and
              Rehabilitation Spur
              Community Project
       736   Resurfacing of 12 Mile Road    Southfield                MI                                750,000
              in Southfield from
              Northwester Hwy to Telegraph
              Road
       737   S Pennsylvania Ave             Lansing                   MI                              1,472,000
       738   Saginaw Street Road            Flint                     MI                              1,600,000
              Reconstruction Project
       739   Saginaw Transit Authority      Saginaw                   MI                              2,388,456
              Regional Services (STARS)
              Bus Replacement
       740   Saginaw Transit Authority      Saginaw                   MI                                200,000
              Regional Services (STARS)
              Potter Street Station Study
       741   Silver Lake Road Connector     Fenton and Linden         MI                                868,682
              Trail
       742   Skanee Road Improvements       L'Anse and Arvon          MI                              7,530,000
              (from Jentoft Road to Town     Townships
              Road)
       743   Skanee Road Improvements       Arvon Township            MI                              4,000,000
              (from Town Road to Portice
              Road)
       744   Snyder Rd.                     East Lansing              MI                                263,500
       745   St. Ignace Road                Marquette Township        MI                                800,000
              Reconstruction
       746   State Park Drive               Charter Township of       MI                              2,000,000
              Reconstruction                 Bangor and Bay City
       747   US-12 over the Coldwater       Coldwater                 MI                                645,360
              River Reconstruction
       748   US-127 and US-223 Resurfacing  Addison                   MI                              4,800,000
       749   W Grand River Rd               Howell                    MI                                296,826
       750   W Silver Bell Rd               Auburn Hills and Orion    MI                              4,200,000
                                             Township
       751   Waverly Rd                     Lansing                   MI                                744,762
       752   Wealthy Street- Fuller Ave to  Grand Rapids              MI                              7,250,000
              East City Limits
       753   Wenona Avenue Reconstruction   Bay City                  MI                              2,325,000
       754   Apple Valley Transit Station   Apple Valley              MN                                800,000
              Modernization
       755   Bottineau LRT Project          Minneapolis to Brooklyn   MN                             20,000,000
                                             Park
             .............................  ........................  ........................       10,000,000
             .............................  ........................  ........................       10,000,000
       756   Burnsville Bus Garage          Burnsville                MN                              2,400,000
              Modernization
       757   City of Wabasha Highway 60     Wabasha                   MN                              3,975,000
              Realignment
       758   E-Line Bus Rapid Transit       Minneapolis to Edina      MN                              5,000,000
              (BRT)
             .............................  ........................  ........................        2,500,000
             .............................  ........................  ........................        2,500,000
       759   F-Line Bus Rapid Transit       Columbia Heights          MN                              4,500,000
              (BRT)
       760   Goodhue County CSAH 2 Bridge   Red Wing                  MN                                640,000
              Replacement
       761   I-35/CSAH 50 Interchange       Lakeville                 MN                                700,000
              Preliminary Engineering
       762   I-94 Expansion                 St. Paul                  MN                             20,000,000
       763   Kellogg-Third Street Bridge    St. Paul                  MN                              7,500,000
       764   Pedestrian Bridge Over I-94    Minneapolis               MN                              3,000,000
       765   Reconnect Rondo Land Bridge    Saint Paul                MN                              5,200,000
       766   Rice Street Revitalization     Saint Paul                MN                              6,864,000
              Project
       767   University of Minnesota        Chaska                    MN                              5,840,000
              Arboretum Access and Egress
              Improvements
       768   US 169/TH 282/ CH 9            Jordan                    MN                              2,300,000
              Interchange Project
       769   US Highway 8 Reconstruction    Chisago City, Wyoming,    MN                             20,000,000
                                             Forest Lake
       770   Veterans Memorial Greenway     Eagan                     MN                              5,000,000
       771   Adding signing and striping    St. Louis                 MO                                708,800
              for wrong way counter-
              measures at various ramp
              locations throughout the St.
              Louis District
       772   Bridge improvement and         Montgomery County         MO                                720,000
              widening over Elkhorn Creek
              1.6 miles south of Rte. CC
              near Buell
       773   Bridge Rehab at Pitman Ave, I- Wentzville                MO                              3,088,000
              70, and I-64 in Wentzville
       774   Bridge Rehabilitation and      St. Louis                 MO                              2,576,000
              Pavement Repairs
       775   Chadwick Flyer Central         Springfield               MO                              4,000,000
              Greenway Trail
       776   Cliffs Drive State Scenic      Kansas City               MO                              2,160,000
              Byway Improvements
       777   Downtown Odessa                Odessa                    MO                                900,000
              Infrastructure Improvements
       778   Expand I-44 to 6 lanes in the  Springfield               MO                              1,800,000
              Springfield area
       779   Grand Street Pedestrian        Springfield               MO                              3,000,000
              Underpass and Streetscape
              Improvements
       780   Hydraulic Study for causeway   Washington                MO                                240,000
              north of Washington
       781   I-44: Bridge rehabilitation    Laclede County            MO                                331,200
              over Gasconade overflow.
              Project involves bridge
              L0753
       782   I-70: Bridge improvements      Cooper County             MO                                246,400
              over Chouteau Creek. Project
              involves bridge A5118 and
              A5119
       783   Improve bridge conditions at   Audrain County            MO                                548,800
              Rt. C in Audrain County
       784   Improve pavement condition     Randolph County           MO                                600,800
              Rt. BB Randolph County
       785   Improve pavement condition     Randolph County           MO                                763,200
              Rt. K Randolph County
       786   Interstate 35 and 19th Street  Kearney                   MO                              5,500,000
              Interchange
       787   Jazz District Pedestrian       Kansas City               MO                              6,000,000
              Plaza at 18th & Vine
       788   Kansas City Regional Zero      Kansas City               MO                             10,500,000
              Emission Electric Bus
              Program
             .............................  ........................  ........................        6,000,000
             .............................  ........................  ........................        4,500,000
       789   Little Blue Trace--Rock        Kansas City               MO                                500,000
              Island Trail Connector
       790   MM Highway Expansion from I-   Republic                  MO                              3,200,000
              44 to US 60
       791   MO 100: Bridge improvements    Osage County              MO                                917,600
              over Cedar Creek Project
              involves A1848
       792   MO 100: Upgrade pedestrian     St. Louis                 MO                              2,500,000
              facilities to comply with
              ADA Transition Plan and
              pavement resurfacing from
              Rte. 61 to Big Bend Blvd,
              bridge replacement over
              Black Creek, signal
              replacement
       793   MO 127: Bridge rehabilitation  Pettis County             MO                                786,400
              over Basin Fork Creek 0.6
              mile south of Dove Road and
              0.7 mile north of Chaney
              Road. Project involves
              bridge X0439
       794   MO 13: Add turn lanes at the   Johnson County            MO                                425,600
              intersection of Rte. E
       795   MO 13: Pavement improvements   St. Clair County          MO                                748,800
              on the southbound lanes from
              SE 1100 Road to NE 201 Road
       796   MO 19: I-70 to Hermann add     Montgomery County         MO                                880,000
              shoulders
       797   MO 23: Add turn lanes at the   Johnson County            MO                                395,200
              intersection of Rte. D
       798   MO 254: Pavement improvements  Hermitage                 MO                                440,000
              from Route 64 to Route 54 in
              Hermitage.
       799   MO 38: Pavement resurfacing    Webster County            MO                                676,800
              from Rte. J to west of Rte.
              CC.
       800   MO 47: Engineering for         Troy and Hawk Point       MO                                925,600
              pavement improvements from H
              to A.
       801   MO 7: Bridge Rehabilitation    Benton County             MO                                 96,000
              over Truman Lake. Project
              involves bridge A3465
       802   MO 89: Pavement improvements   Rte. 50 to Rte. E in      MO                              2,833,600
              from Rte. 50 to Rte. E         Osage County
       803   MO94 Bridge over Treloar       Warren County             MO                                640,800
              Creek Bridge
       804   North Baltimore (Business 63)  Kirksville                MO                                955,294
              Improvements
       805   OR 70: Bridge replacement      Boone County              MO                                852,800
              over Little Cedar Creek.
              Project involves bridge
              N0974
       806   Pavement improvements and add  Pulaski County            MO                              2,656,000
              rumblestripes from I-44
              outer road to end of state
              maintenance, Rte. W from
              Rte. 7 to end of state
              maintenance, and Rte. O from
              Rte. 28 to end of state
              maintenance.
       807   Payment to St. Robert to add   St. Robert                MO                                547,200
              sidewalks and upgrade
              signalized intersection at
              St. Robert Boulevard in St.
              Robert
       808   Raum Road Bridge Replacement   Lawson                    MO                              3,128,000
       809   Riverway Boulevard             Riverside                 MO                              3,200,000
              Reconstruction
       810   RT 18: Pavement improvements   Adrian                    MO                              1,586,400
              from Rte. Y to I-49 in
              Adrian and on Loop 49 from
              Passaic to Rte. 52 in
              Butler.
       811   RT A: Bridge replacement over  Moniteau County           MO                              1,091,200
              Enon Creek. Project involves
              bridge K0851
       812   RT A: Bridge replacement over  Cole County               MO                                545,600
              Moreau Creek. Project
              involves R0235
       813   RT J: Bridge rehabilitation    Peculiar                  MO                                555,200
              over Young Branch, 0.1 mile
              south of 217th Street and
              0.4 mile northeast of Branic
              Drive in Peculiar. Project
              involves bridge A2331
       814   RT J: Bridge removal over the  Camden County             MO                                204,800
              Niangua River. Project
              involves bridge S0391
       815   RT K: Pavement improvements    Nevada                    MO                                448,000
              from I-49 to County Road
              1800 near Nevada.
       816   RT PP: Pavement improvements   Roseland                  MO                                453,600
              from Route C in Roseland to
              Route 7 in Tightwad
       817   RT T: Pavement improvements    Morgan County             MO                              3,020,000
              and add rumblestripes from
              Rte. 52 to Rte. 135 and from
              Rte. 135 to the end of state
              maintenance
       818   RT. K bridge replacement over  Montgomery County         MO                                965,600
              Dry Fork Creek Bridge
       819   Study to determine base        McKittrick                MO                                 80,000
              stability and flood
              resiliency near McKitrick
       820   Updated study for RR overpass  High Hill                 MO                              1,600,000
              near High Hill
       821   Upgrade pedestrian facilities  Windsor                   MO                                140,800
              to comply with the ADA
              Transition Plan on Rte. 2
              from Chisman Street to Rte.
              52 in Windsor and on Rte. Y
              from Rte. 52 to Wall Street
              in Windsor
       822   US 160: Pavement improvements  Lamar                     MO                                609,600
              from I-49 in Lamar Heights
              to County Road 30th Lane
              east of Lamar.
       823   US 50: Reconstruct concrete    Rte. EE to Independence   MO                              2,800,000
              pavement from Rte. EE to       Road in Franklin County
              Independence Rd.
       824   US 50: Reconstruct pavement    Rte. Y to Rte. C in       MO                              2,640,000
              from Rte. Y to Rte. C          Franklin County
       825   US 54: Study for updated       Louisiana                 MO                                800,000
              scope & estimate for shared
              4-lane from Mexico to
              Louisiana
             .............................  ........................  ........................          400,000
             .............................  ........................  ........................          400,000
       826   US60 and Route 125             Rogersville               MO                              5,250,000
              Interchange
       827   US65: Pavement improvements    Warsaw                    MO                              1,049,600
              from the Osage River in
              Warsaw to 0.4 mile south of
              Rte. MM.
       828   West Florissant Avenue Great   Ferguson, Dellwood, and   MO                             10,000,000
              Streets                        Jennings
       829   A/E Design for the Fixed       Saipan                    MP                                300,000
              Route Bus Stops
       830   Construction of Bus Transfer   Saipan                    MP                                900,000
              Stations at the Northern
              Marianas College, Paseo De
              Marianas and Kagman
       831   Construction of the            Saipan                    MP                              3,000,000
              Commonwealth Office of
              Transit Authority Covered
              Bus Parking Facility
       832   Design and Construction of     Rota                      MP                                520,000
              the Rota Transit Maintenance
              Facility
       833   Design and Construction of     Tinian                    MP                                520,000
              Tinian Transit Maintenance
              Facility
       834   Procurement of Four (4)        Rota and Tinian           MP                                480,000
              Rolling Stocks for Rota and
              Tinian Demand Responsive
              Services
       835   Route 10 Drainage              Rota                      MP                              2,000,000
              Improvements and Road
              Overlay
       836   Route 205 Road and Drainage    Tinian                    MP                              2,000,000
              Improvements
       837   Route 30 (Chalan Pale Arnold)  Saipan                    MP                              2,000,000
              Safety Improvements
       838   Route 302 (Naftan Road)        Saipan                    MP                              2,000,000
              Improvements
       839   Supply and Installation of     Saipan                    MP                              4,500,000
              187 Bus Stop Shelters
       840   Supply of Maintenance          Saipan                    MP                                400,000
              Equipment & Tools for the
              COTA Maintenance Facility
       841   Bulldog Way Extended           Starkville                MS                              3,360,000
              Improvements
       842   Jackson Point Road Bridge      Wilkinson County          MS                              4,000,000
       843   Mississippi Band of Choctaw    Choctaw                   MS                              2,653,195
              Indians Multi-Road Overlay
              Project
       844   Morgantown Road Safety         Natchez                   MS                              2,400,000
              Improvements
       845   Bozeman Segment One--Reunion   Madison                   MS                              4,000,000
              Access Network
       846   Airport Boulevard Sidewalk     Morrisville               NC                                208,000
       847   Atlantic & Yadkin Greenway,    Greensboro                NC                              6,400,000
              Phase 2
       848   Avent Ferry Road Realignment   Holly Springs             NC                              1,000,000
       849   B-5871 Replace Bridge no. 628  Lake Lure                 NC                              8,000,000
              Over Lake Lure 5250. Dam and
              Broad River
       850   Black Creek Greenway           Cary                      NC                              4,984,800
       851   Bryant Bridge North/Goose      Durham                    NC                              2,320,000
              Creek West Trail
       852   Bus Replacement Funding for    Chapel Hill               NC                              8,000,000
              Triangle Transit Systems
       853   CATS Battery Electric Bus      Charlotte                 NC                              8,000,000
              Fleet Transition
       854   Downtown Pedestrian Bridge     Rocky Mount               NC                              4,000,000
       855   Duke Beltline Trail            Durham                    NC                              7,726,000
       856   EB-5753 Baldwin Avenue         Marion                    NC                                349,600
              Sidewalk Project
       857   Electric buses and charging    Greensboro                NC                              2,759,000
              infrastructure, City of
              Greensboro
       858   Festival Street                Cornelius                 NC                              2,200,000
       859   Fuquay-Varina Townwide ITS/    Fuquay-Varina             NC                              2,560,000
              Signal System
       860   GoRaleigh/GoWake Coordinated   Raleigh                   NC                              9,000,000
              ADA Paratransit Facility
       861   Greenville Bridge Repair and   Greenville                NC                              2,851,200
              Replacement
       862   Hanging Dog Bridge             Murphy                    NC                              1,676,000
       863   High Point Heritage Greenway-- High Point                NC                              4,000,000
              Phase 1
       864   Jonathan Creek Safety Project  Maggie Valley             NC                                160,000
       865   Military Cutoff Road (US 17)/  Wilmington                NC                              3,840,000
              Eastwood Road (US 74)
              Interchange (Drysdale Drive
              Extension)
       866   N. Fork Coweeta Creek Bridge   Otta                      NC                                452,000
              Replacement
       867   Pender Street Pedestrian       Wilson                    NC                              8,400,000
              Improvement, Infrastructure
              Repair, and Resurfacing
       868   RIDE- Rural Microtransit       Wilson                    NC                              2,000,000
       869   Silas Creek Parkway Sidewalk   Winston-Salem             NC                              4,533,600
       870   South Tar River Greenway       Greenville                NC                              1,775,000
       871   Streetlighting on High Injury  Charlotte                 NC                              8,000,000
              Network
       872   Transit Bus Stop Improvements  Chapel Hill               NC                                900,000
       873   US 19/129 Road Improvements    Murphy                    NC                              3,851,000
       874   US 74/NC 108 Interchange       Columbus                  NC                              1,000,000
       875   Heartland Expressway Phase     Minatare                  NE                             10,000,000
              III
       876   Signal System Master Plan      Omaha                     NE                             20,000,000
              Accelerated Implementation
       877   US-275 Norfolk to Wisner       Norfolk to Wisner         NE                             20,000,000
       878   Ashuelot-Trail Cheshire Trail  Swanzey                   NH                              1,200,000
              (42511)
       879   Bedford 40664--U.S. 3          Bedford                   NH                              4,980,000
              Widening from Hawthorne
              Drive North to Manchester
              Airport Access Road
       880   Claremont Intersection         Claremont                 NH                              1,000,000
              Improvements (13428)
       881   Conway Phase II Pathway        Conway                    NH                              1,656,000
       882   Derry Rail Trail (Folsom Rd    Derry                     NH                                792,000
              to Londonderry town line)
       883   George Street Bridge (40653)   Keene                     NH                                729,191
       884   Gorham Sidewalk (Route 2       Gorham                    NH                                898,196
              (Lancaster Rd))
       885   Heritage Rail Trail East       Nashua                    NH                              1,200,000
       886   Littleton Sidewalk Project     Littleton                 NH                                710,159
              (41362)
       887   Loudon Intersection            Loudon                    NH                              2,347,256
              Improvements (40632)
       888   Malboro Street Cheshire Rail   Keene                     NH                                681,123
              Trail (42515)
       889   Maplewood Avenue Complete      Portsmouth                NH                              2,804,300
              Streets
       890   Merrimack River Greenway       Concord                   NH                              1,584,800
       891   Multi-use Path Connecting      Warner                    NH                                920,000
              Warner Village to Exit 9
              Business Area
       892   NH 128 and Sherburne Road and  Pelham                    NH                              1,240,000
              Mammoth and 111A
       893   Pedestrian Bridge Crossing     Manchester                NH                              3,360,000
              Granite Street
       894   Plymouth Sidewalk Project      Plymouth                  NH                                414,000
       895   Reconstruct Mechanic St /      Lebanon                   NH                              2,400,000
              High St / Mascoma St
              Intersection (4094)
       896   Rt 11 Safety and Capacity      Rochester                 NH                              5,664,000
              Improvements
       897   Spruce Street Connector        Nashua                    NH                              1,000,000
       898   Trestle Bridge--Mill City      Franklin                  NH                              1,200,000
              Park Trail
       899   Waterville Valley Pedestrian   Waterville Valley         NH                                948,110
              Improvements
       900   Whitefield Sidewalk Project    Whitefield                NH                                396,704
       901   Berkshire Valley Road Truck    Kenvil (Roxbury           NJ                              2,000,000
              Circulation Project            Township)
       902   Bloomfield Avenue Roadway      West Caldwell, Caldwell,  NJ                             10,000,000
              Improvements & Traffic         North Caldwell, Verona,
              Signal Modernization           Montclair, Glen Ridge,
                                             Bloomfield, and Newark
             .............................  ........................  ........................        5,000,000
             .............................  ........................  ........................        5,000,000
       903   Bloomfield Station             Bloomfield                NJ                              2,000,000
              Rehabilitation Project
       904   Carteret Ferry Terminal        Carteret                  NJ                              5,625,000
              Project
       905   City of Passaic Pedestrian     Passaic                   NJ                                883,432
              Greenway Project
       906   Construction of Pedestrian     Long Valley (Washington   NJ                              1,000,000
              Bridge on Columbia Trail       Township)
              (Relocation of Openaki
              Bridge Truss)
       907   Cranford Station               Cranford                  NJ                              1,120,000
              Rehabilitation Project
       908   Dennisville Petersburg Road    Dennis Township           NJ                              1,640,000
              (CR 610) Resurfacing
              Improvements
       909   Dunellen Bikeway and           Dunellen                  NJ                                475,723
              Pedestrian Safety
              Improvements
       910   East Orange Train Station      East Orange               NJ                                800,000
       911   Enhanced Laydown Area for      Paulsboro                 NJ                              4,750,000
              Offshore Wind Industry,
              Paulsboro Marine Terminal
       912   Freehold's Parking             Freehold Borough          NJ                                557,716
              Improvement project
       913   Great Falls Gateway Phase II   Paterson                  NJ                                972,000
       914   Hackettstown Mobility          Hackettstown              NJ                              4,712,000
              Improvement
       915   Hamilton Street Plaza Project  Bound Brook               NJ                              1,760,000
       916   Hand Avenue (CR-658) Bridge    Middle Township           NJ                              1,310,000
              Over Skeeter Island Creek
       917   Highlands Rail Trail Phase II  Wanaque                   NJ                                800,000
       918   Hudson County's County Avenue  Secaucus                  NJ                              1,400,000
              Reconstruction
       919   Irvington Avenue Sidewalks     South Orange              NJ                              2,750,000
              and Streetscape Improvements
       920   Jackson Avenue/Riverside       Rutherford                NJ                                250,000
              Avenue Improvements Project
       921   Kingsland Avenue Bridge        Lyndhurst and Nutley      NJ                              5,000,000
              Replacement Project
       922   Koleda Park Improvement        Middletown                NJ                                800,000
              Project
       923   Lackawanna Cut-off Culvert     Byram                     NJ                              1,600,000
              Relocation
       924   Lincoln Avenue Drainage        Elizabeth                 NJ                              2,080,000
              Improvements Project
       925   Long Branch Intermodal         Long Branch               NJ                             13,000,000
              Station Project
       926   McBride Avenue Roundabout      Woodland Park             NJ                                960,000
              Project
       927   Mercer County Bus Purchase     West Trenton              NJ                                732,000
       928   Mercer County Electric         Trenton                   NJ                                454,500
              Vehicles and Electric
              Vehicle Charging Stations
       929   Mercer County Roadway Safety   Mercer County             NJ                                640,000
              Improvements
       930   Newark Broad Street Signal     Newark                    NJ                              1,650,000
              Optimization
       931   North Broad Street             Newark                    NJ                              1,200,000
              Redevelopment Project
       932   Ocean Drive (CR621) Upgrades   Lower Township            NJ                              7,000,000
              and Bridge Improvements
       933   Parkside Neighborhood School   Camden                    NJ                              6,000,000
              and Pedestrian Traffic
              Safety
       934   Passaic Bus Terminal Canopy    Passaic                   NJ                              1,600,000
       935   Patriots Way Bridge            Oakland                   NJ                              4,184,830
              Superstructure Replacement
       936   Pedestrian Bridge at the       Paterson                  NJ                              1,000,000
              Great Falls National
              Historical Park
       937   Pedestrian Improvement for     Township of Woodbridge    NJ                              1,250,000
              Metro Park
       938   Permanent Ferry Terminal       Bayonne                   NJ                              4,321,600
              Peninsula Project
       939   Pleasant Avenue & Park Avenue  Weehawken                 NJ                              7,520,000
              / Pedestrian & Vehicular
              Safety Improvements &
              Restoration Project
       940   Point Pleasant Beach Channel   Point Pleasant Beach      NJ                              1,399,785
              Drive ADA Compliance Upgrade   Borough
              and Surface Revitalization
              project
       941   Pompton River Rail Bridge      Township of Pequannock,   NJ                              1,500,000
              (Pequannock Valley             Morris County, and
              Pedestrian Trail)              Township of Wayne,
              Substructure Repair            Passaic County
       942   Reconstruction of Pedestrian   Bridgewater               NJ                              1,280,000
              Bridges over Cole Drive
              (Bridgewater Train Station)
       943   Replacement of Morris County   Montville/Pine Brooke     NJ                              2,000,000
              Bridge 1400-433 on
              Bloomfield Avenue over a
              Tributary to Passaic River
              in the Township of
              Montville, Morris County
       944   Replacement of Morris County   Denville                  NJ                              1,000,000
              Bridge 1400-935 on Lenape
              Island Road over Indian Lake
              in the Township of Denville,
              Morris County
       945   River Road Overpass            West New York             NJ                              5,200,000
       946   River Road Subsurface Soil     Edgewater                 NJ                              1,760,000
              Stabilization
       947   Roadway Rehabilitation East    Somerdale, Hi-Nella,      NJ                              1,500,000
              Atlantic Avenue CR727          Stratford
       948   Roadway Rehabilitation         Lawnside, Magnolia,       NJ                              2,500,000
              Evesham Road, CR 544           Somerdale, Cherry Hill,
                                             Voorhees
       949   Roadway Rehabilitation Haddon  Haddon Township,          NJ                              3,000,000
              Ave. CR561                     Collingswood
       950   Roadway Rehabilitation Red     Woodbury                  NJ                              1,765,000
              Bank Avenue CR644
       951   Route 202, First Avenue        Raritan                   NJ                              3,340,685
              Intersection Improvements -
              Right of Way Acquisitions
       952   Route 29 Tunnel Ventilation    Trenton                   NJ                              2,400,000
              System
       953   Route 33 Bridge Over           Millstone Township        NJ                              3,640,000
              Millstone River
       954   Route 35 Bridge Over the       Wall                      NJ                              3,736,000
              North Branch of Wreck Pond
       955   Route 55/Route 47 Interchange  Millville                 NJ                              9,250,000
       956   Seaside Heights Boardwalk      Seaside Heights           NJ                                400,000
              Replacement
       957   Shaler Boulevard Streetscape   Ridgefield                NJ                                250,000
              Project
       958   Skyline Drive Bicycle and      Ringwood                  NJ                                800,000
              Pedestrian Bridge
       959   South Orange Avenue            Newark                    NJ                              4,000,000
              Streetscape Improvement
              Project
       960   Study & Engineering Design     Hopatcong                 NJ                              2,360,000
              for the Rehabilitation or
              Replacement of Sussex County
              Bridge K-03 in the Borough
              of Hopatcong
       961   Sussex County Guide Rail       Frankford and Wantage     NJ                              1,000,000
              Upgrade Program
       962   Sussex County Skylands Ride    Hamburg                   NJ                                400,000
              Capital Project
       963   Teaneck Pedestrian Overpass    Teaneck                   NJ                              4,000,000
              Replacement
       964   Tenafly Roadway Resurface &    Borough of Tenafly        NJ                              1,545,000
              Improvements
       965   The County Road 539 Overpass   Plumstead                 NJ                              8,000,000
              Project
             .............................  ........................  ........................        7,000,000
             .............................  ........................  ........................        1,000,000
       966   Traffic Signal Optimization/   Newark                    NJ                              1,600,000
              Adaptive Signals Along
              McCarter Highway (Route 21)
       967   U.S. Route 130/Delaware        Florence Township         NJ                             17,320,000
              Avenue/Florence Columbus
              Road Intersection
              Improvements
       968   Union County Structurally      Union Township            NJ                                400,000
              Deficient Bridge Initiative -
               Allen Ave. Bridge, Township
              of Union
       969   Union County Structurally      Kenilworth                NJ                                600,000
              Deficient Bridge Initiative -
               Faitoute Ave. Bridge,
              Kenilworth
       970   Union County Structurally      Summit                    NJ                                600,000
              Deficient Bridge Initiative--
              High Street Bridge
       971   Union County Structurally      Summit                    NJ                                760,000
              Deficient Bridge Initiative -
               Oakland Place Bridge
       972   Union County Structurally      Summit                    NJ                                800,000
              Deficient Bridge Initiative -
               Pine Grove Avenue Bridge
       973   Union County Structurally      Summit                    NJ                                600,000
              Deficient Bridge Initiative -
               Shunpike Road Bridge
       974   Union County Structurally      Cranford                  NJ                                800,000
              Deficient Bridge Initiative--
              Spring Garden Bridge,
              Cranford
       975   West County Drive (CR 646)     Township of Branchburg    NJ                              6,493,600
              Extension
       976   West Milford Bikeway           West Milford              NJ                                536,000
              Connector Project
       977   Willingboro EV Charging        Willingboro               NJ                                800,000
              Stations
       978   Woodbine Bikeway and           Borough of Woodbine       NJ                                800,000
              Trailhead Improvements
       979   Arroyo De Los Chamisos         Santa Fe                  NM                              4,900,000
              Crossing
       980   Coal Avenue Commons ``Event    Gallup                    NM                              3,500,000
              Street''
       981   County Road 43--Superman       McKinley County--         NM                              4,500,000
              Canyon Bridges                 Churchrock Chapter
       982   Foothills Drive Enhancement    Farmington                NM                              1,324,800
              Phase III
       983   Kilgore Street Improvements    Portales                  NM                              2,079,000
       984   Rio Lucero Road Improvement    Taos Pueblo               NM                              3,048,910
              Project
       985   Wild Rose Road (Route #670)    Santa Clara Pueblo        NM                                618,000
              and Pedestrian Improvement
              Project
       986   Arlington Avenue Bridges       Reno                      NV                              6,000,000
              Project
       987   Charleston Boulevard           Las Vegas                 NV                              7,000,000
              Underpass
       988   Charleston Park Avenue         Pahrump                   NV                              1,552,079
              Reconstruction Project
       989   Coleman Road Expansion         Fallon                    NV                              5,000,000
       990   Hydrogen Fuel Cell Bus and     Reno                      NV                              5,240,000
              Fuel Site Project
       991   I-15 South Package 2--Sloan    Las Vegas                 NV                              5,000,000
              to Blue Diamond
       992   Maryland Parkway Bus Rapid     Las Vegas                 NV                              5,000,000
              Transit Zero Emission Fleet
       993   North Las Vegas Street Light   North Las Vegas           NV                             12,000,000
              Conversion
       994   Rancho Drive Complete Streets  Las Vegas                 NV                              3,000,000
              Improvements
       995   SR28 Central Corridor Sand     Carson City               NV                              1,760,000
              Harbor to Spooner--Secret
              Harbor to Skunk Harbor
              Trail, Parking and Safety
              Improvements
       996   William Street Complete        Carson City               NV                              2,000,000
              Streets Project
       997   ADA: Classon Ave / Crosstown   Brooklyn                  NY                              5,000,000
              Line (G Train)
       998   ADA: Forest Hills Platform     Queens                    NY                             16,910,000
              Extensions & Elevators
       999   ADA: Parkchester-E.177 St /    Bronx                     NY                             15,000,000
              Pelham Line (6 Train)
      1000   Asharoken Avenue               Northport                 NY                                800,000
      1001   Bannister Creek Bridge         Lawrence                  NY                              4,940,000
              Rehabilitation
      1002   Basher Pedestrian Bridge       Tarrytown                 NY                                494,400
              Rehabilitation
      1003   Bayville Bridge                Bayville                  NY                             14,489,446
      1004   Bridge Repair/Safety           Tarrytown                 NY                              1,096,395
              Assurance, Westchester
              County
      1005   Bridge Replacement of CR46     Brookhaven                NY                              7,200,000
              (William Floyd Parkway) over
              Narrow Bay
      1006   Broadway Junction              Brooklyn                  NY                              8,000,000
              Improvements Phase 1,
              Brooklyn, NY, 8th
              Congressional District
      1007   City of Poughkeepsie Market    Poughkeepsie              NY                              2,400,000
              Street Connectivity Project
      1008   Concrete Pavement              Brookhaven                NY                              7,998,048
              Rehabilitation I-495
      1009   County Route 7&8--RTE 299      Towns of New Paltz and    NY                              3,600,000
              Roadway Repaving               Gardiner
      1010   Craig Street Corridor Project  Schenectady               NY                              2,700,000
      1011   Del Valle Square/Crames        Bronx                     NY                              4,870,000
              Square Traffic, Safety, and
              Plaza Improvements
      1012   DL&W Station                   Buffalo                   NY                              5,000,000
      1013   Electric Bus Charging          Rochester                 NY                                800,000
              Facility
      1014   Elmwood Avenue Multiuse        Rochester                 NY                              8,596,000
              Corridor Improvement
      1015   Griswold Road over Murder      Darien                    NY                              1,203,200
              Creek Bridge Replacement
      1016   Half Moon Bay Bridge           Croton-on-Hudson          NY                              1,500,000
              Reconstruction Project
      1017   Heritage Trail Extension:      Town of Goshen            NY                                500,000
              Hartley Road to Downtown
              Middletown (Segment 2)
      1018   High Line Connections--Hudson  New York                  NY                              5,000,000
              River Park / Javits Center
              Connection
      1019   Highland Avenue over Wallace   Otisville                 NY                              1,250,000
              Street
      1020   Highway and Pedestrian Safety  Kiryas Joel               NY                              1,380,000
              Infrastructure Improvements
      1021   Highway Improvements to the    Oyster Bay                NY                              1,000,000
              Interval Avenue Area,
              Farmingdale
      1022   Hudson Highlands Fjord Trail   Beacon                    NY                              4,350,000
      1023   Hudson Line Tunnels            Peekskill                 NY                              4,550,000
      1024   I-84/Route 9D Connectivity     Beacon and Town of        NY                                400,000
              (Beacon-Fishkill)              Fishkill
      1025   Improvements to East Lincoln   Oyster Bay                NY                              1,000,000
              Avenue, Riverdale Avnenue
              and Pirates Cove, Massapequa
      1026   Inner Loop North               Rochester                 NY                              4,000,000
              Transformation Project
      1027   Lake St. Bridge Project        Newburgh                  NY                              1,750,000
      1028   Lake to Lake Road Bridge       Town of Gorham            NY                              1,464,000
              Replacement
      1029   Level 2 EV Charging Network    Queens                    NY                                734,400
              in NYCDOT Municipal Parking
              Facilities
      1030   Little Bay Park Promenade      Bayside                   NY                              1,000,000
      1031   Long Beach Road Improvements,  Rockville Centre          NY                              4,780,000
              South Hempstead, NY
      1032   Multi-Modal Phase I/           Amsterdam                 NY                              4,500,000
              Pedestrian Connector Project
      1033   Newburgh Ferry Landing Pier    Newburgh                  NY                              4,000,000
      1034   Northport Flooding on Main     Northport                 NY                              1,392,000
              St.
      1035   Northwest Bronx School Safety  Bronx                     NY                              2,331,000
              Improvement Project
      1036   NY 146 and NY146A Bicycle &    Clifton Park              NY                              1,055,000
              Pedestrian Access
              Improvements
      1037   NYS Route 133 Bike Lane        Ossining                  NY                              1,500,000
      1038   Onondaga Lake Canalways        Syracuse                  NY                              8,000,000
              Trail--Salina Extension
              Project
      1039   Orange-Dutchess                Goshen                    NY                                400,000
              Transportation Access and
              Mobility Study
      1040   Outer Harbor Multi-Use Trails  Buffalo                   NY                              2,000,000
      1041   Park Ave--Ingersoll Houses     Brooklyn                  NY                              1,942,000
              Safety Improvements
      1042   Perry Road (CR 64) Highway     Mt. Morris                NY                              1,440,000
              Rehabilitation
      1043   Phase 1 of the New York State  Auburn                    NY                              2,778,400
              Route 38 - State Street
              Pavement Preservation
              Project
      1044   Preventative Maintenance       Town of Johnstown &       NY                              3,394,752
              Pavement from Route 67/Route   Ephratah
              10 Ephratah to Johnstown
              City Line
      1045   Purchase of Eight Electric     Albany                    NY                              6,000,000
              Buses for Use in Emerging
              Markets - Montgomery County
      1046   Putnam County's Donald B.      Carmel                    NY                              1,500,000
              Smith Transit Hub
      1047   Rapids Road Highway            Lockport                  NY                              4,000,000
              Improvements
      1048   Reconstruction of Osborne      Auburn                    NY                              4,407,200
              Street
      1049   Reconstruction of the          Oneonta                   NY                              3,200,000
              Intersection of Rt 7, Rt 23
              and Maple St in Oneonta into
              Roundabout Configuration
      1050   Replacement of the Bridge      Schoharie                 NY                              6,254,400
              Street Bridge over Schoharie
              Creek
      1051   Restoration of Van Cortlandt   Croton-on-Hudson          NY                                600,000
              Manor Entrance Road Project
      1052   Riverside Drive Pedestrian     New York                  NY                              2,400,000
              Mall
      1053   Rose Road over Bowen Creek     Batavia                   NY                              1,033,600
              Bridge Replacement
      1054   Route 104 Intersection         Ontario                   NY                              1,254,400
              Improvement Project
      1055   Route 2 Multi-Modal            Troy                      NY                              5,700,000
              Connectivity Project
      1056   Route 28/South Inlet Lake      Town of Arietta           NY                              6,621,248
      1057   Route 31 Improvement Project   Wayne County              NY                              2,970,400
      1058   RT 12E/ Chaumont River         Village of Chaumont       NY                              9,984,000
      1059   Safe and Accessible Midtown    Kingston                  NY                              6,053,818
              Kingston
      1060   Safe Passage for CRCS          Cuba                      NY                              1,472,000
              Students
      1061   Safe Routes to School-         Bronx                     NY                              1,682,000
             Bronx
             (HWCSCH4D)
      1062   Safe Routes to School--        New York                  NY                              3,643,000
              Manhattan (HWCSCHMN)
      1063   Safe Routes to Transit 86th    Brooklyn                  NY                              2,516,000
              Street
      1064   Sands Point Preserve Bridge    Village of Sands Point    NY                              1,784,000
      1065   Sharp Road (CR 181) over       Concord                   NY                              1,400,000
              Spring Brook Bridge
              Replacement
      1066   Shoreline Trail                Lackawanna and Hamburg    NY                              2,000,000
      1067   Southeast Queens Flooding      Queens                    NY                              3,859,000
              Relief
      1068   Street Restoration in          Brooklyn                  NY                              4,884,000
              Brooklyn--Hancock St,
              Bushwick Ave, Hill St, E
              80th St
      1069   The Maiden Lane                Greece                    NY                              6,604,000
              Rehabilitation Project
      1070   The New Rochelle LINC Project  New Rochelle              NY                             13,000,000
      1071   The Riverline                  Buffalo                   NY                             10,500,000
      1072   Twin Cities Highway Complete   Tonawanda and North       NY                                500,000
              Streets                        Tonawanda
      1073   Ulster County Electric Bus     Kingston                  NY                                800,000
              Charging Infrastructure
      1074   Union Turnpike Center Median   Queens                    NY                              2,355,200
              Replacement
      1075   Van Wyck Expressway Access     Queens                    NY                             16,141,000
              Improvement to John F.
              Kennedy Airport
      1076   Victor Traffic Mitigation      Victor                    NY                              9,920,000
              Project
      1077   Village of Ossining Route 9    Ossining                  NY                              1,000,000
              Road Diet Project
      1078   Water Street Rejuvenation      Elmira                    NY                              1,289,400
              Project
      1079   West Broadway Rehabilitation   Woodmere to Cedarhurst    NY                              9,670,000
      1080   West Lake Road (CR 3)          Perry                     NY                                931,478
              Preventative Maintenance
      1081   Williams Bridge Station        Bronx                     NY                             14,675,000
              Renewal
      1082   Yonkers Greenway               Yonkers                   NY                              1,791,600
      1083   11th Street Reconstruction     Canton                    OH                              1,500,000
              Project
      1084   Arlington Road Corridor        Green                     OH                              5,578,551
      1085   Bagley Road Reconstruction     North Ridgeville          OH                              1,500,000
      1086   BRO-32-4.16                    Mt. Orab                  OH                             10,000,000
      1087   Cherry Rd Bridges              Massillon                 OH                              1,480,000
              Rehabilitation
      1088   CLE CR 3 - Aicholtz Road       Cincinnati                OH                              2,000,000
              Roundabouts
      1089   CLE SR32-2.33 - CLE CR55       Batavia                   OH                              1,500,000
              Overpass
      1090   Cleveland Avenue Multimodal    Westerville               OH                                800,000
              Facility Project
      1091   Columbia Road--I-90            Westlake                  OH                              1,900,000
              Interchange
      1092   E. Main Street (SR153) &       Louisville                OH                              1,200,000
              Nickel Plate Intersection
              Improvement
      1093   East Dayton Rails-to-Trails    Dayton                    OH                              2,000,000
              (Flight Line)
      1094   Easton Street/GlenOak HS       Canton                    OH                                575,000
              Intersection Improvements
      1095   Electric Trolley Power         Dayton                    OH                              3,600,000
              Distribution System
      1096   French Creek Greenway Phase 1  Avon                      OH                                595,637
      1097   Gaysport Bridge Replacement    Philo                     OH                              3,000,000
              Project
      1098   HAM-75-1.95                    Cincinnati                OH                              8,640,000
             .............................  ........................  ........................        4,320,000
             .............................  ........................  ........................        4,320,000
      1099   Hydrogen Infrastructure Tank   Canton                    OH                              1,000,000
              Increase
      1100   Interchange Construction       Sunbury                   OH                              3,000,000
              Project on I-71 at Sunbury
              Parkway
      1101   Kungle Road Culvert            Norton                    OH                                308,000
              Replacement
      1102   LUC IR 475 @ US 20A            Lucas County              OH                             10,000,000
              Interchange
      1103   Main Street Corridor           Mansfield                 OH                              2,000,000
              Improvement Plan
      1104   Miller Road--I77 Interchange   Brecksville               OH                             12,000,000
      1105   Olmsted Falls Columbia Rd.     Olmsted Falls             OH                              1,900,000
      1106   Pearl Road Brunswick           Brunswick                 OH                              2,718,700
      1107   Pearl Road Improvements        Brunswick                 OH                              1,500,000
      1108   River Styx Road/SR 162         Montville Township        OH                              3,200,000
              Intersection Roundabout
      1109   Sprague Road Widening Parma    Parma                     OH                                800,000
      1110   SR283 Capacity Improvements    Mentor                    OH                              3,148,000
      1111   Stark County CR-224            North Canton              OH                                350,000
      1112   State Route 13 Relocation      Mount Vernon              OH                              1,900,405
      1113   State Route 254 & State Route  Avon                      OH                              1,500,000
              83 Intersection Improvement
      1114   Study and Design of ATB 531    Ashtabula                 OH                              2,400,000
      1115   The Point Intersection--US 36/ Delaware                  OH                              4,000,000
              SR 37
      1116   Thornwood Crossing Project     Newark                    OH                              5,000,000
      1117   U.S. Route 30--East Canton     East Canton               OH                              1,500,000
              Expansion
      1118   US-422 Harper Road             Solon                     OH                              2,414,288
              Interchange
      1119   W. Tuscarawas Street Safety    Canton                    OH                              1,000,000
              Corridor Project
      1120   Wadsworth Streetscape          Wadsworth                 OH                              2,500,000
      1121   Wayne CR-30 Resurfacing        Wooster                   OH                              1,219,962
              project
      1122   West Creek Greenway            Parma                     OH                              2,720,000
      1123   Western Hills Viaduct          Cincinnati                OH                             15,000,000
              Replacement Project
      1124   Bobcat Way: Transformation of  Grandview Heights         OH                              1,000,000
              Fairview Avenue
      1125   Broad Street and James Road    Columbus                  OH                              1,000,000
              Intersection
      1126   Cherry Bottom Road Emergency   Gahanna                   OH                                860,000
              Stabilization
      1127   City of Akron--North Main      Akron                     OH                              4,000,000
              Street Complete Streets
              Project
      1128   Cleveland Hopkins Airport      Cleveland                 OH                              2,000,000
              Master Plan Interstate
              Access Improvement Project
      1129   Cuyahoga Falls--Gorge Terrace  City of Cuyahoga Falls    OH                              7,200,000
              Street Transformation
              Project
      1130   Eastgate--State Route 46 and   Howland Township          OH                              4,000,000
              Warren-Sharon Road
              Intersection Safety
              Improvements
      1131   Ferris Road Corridor           Columbus                  OH                              2,000,000
      1132   Hiawatha Park Drive Urban      Columbus                  OH                              1,000,000
              Greenway
      1133   Hudson Street and Greenway     Columbus                  OH                              1,000,000
              Trail
      1134   Jackson Street/ Civic Center   Toledo                    OH                              4,000,000
              Mall Corridor-Lucas County
      1135   Life and Safety Facility       Toledo                    OH                              4,000,000
              Upgrades, TARTA M&O Facility
      1136   Lorain County Lakefront        Lorain Ohio               OH                              4,000,000
              Connectivity Project
      1137   Mahoning Avenue Industrial     Jackson Township          OH                              4,000,000
              Corridor Upgrade
      1138   Multimodal Lakefront Access,   City of Cleveland         OH                              2,000,000
              Cuyahoga County, Ohio          Boundary, including Bay
                                             Village, Rocky River,
                                             and Lakewood
      1139   Operation Safewalks - Refugee  Columbus                  OH                              2,000,000
              Road
      1140   Reynoldsburg East Main Phase   Reynoldsburg              OH                              1,585,000
              II
      1141   Reynoldsburg Park & Ride       Reynoldsburg              OH                                500,000
      1142   Rickenbacker Area Access--     Columbus                  OH                              5,000,000
              Northbound Bridge Project
      1143   Rickenbacker Area Mobility     Columbus                  OH                              3,000,000
              Center (RAMC)
      1144   Sandusky Bay Pathway           Sandusky                  OH                              4,000,000
      1145   Bridges on Interstate 35 at    Edmond                    OK                             10,000,000
              Interchanges between
              Memorial and 2nd Street
      1146   I-35 Widening in Love County   Love County               OK                             17,120,000
      1147   I35/I240 Interchange           Oklahoma City             OK                             10,000,000
      1148   I-40 and Exit 65 in Clinton    Clinton                   OK                              3,250,000
      1149   S.E. 29th Street Bridge        Midwest City              OK                              2,880,000
              Replacement & Repair Project
      1150   SH30 from SH33 N. 2 miles in   Durham                    OK                              2,000,000
              Roger Mills Co
      1151   SH-33 from Blaine County line  Kingfisher                OK                              3,250,000
              east to SH-74
      1152   US-270 between Watonga and     Watonga                   OK                              3,250,000
              Seiling
      1153   US-287 from Boise City north   Boise City                OK                              3,250,000
              to Colorado (Ports-to-Plains
              Corridor)
      1154   181st Safety Improvements      Gresham                   OR                              4,000,000
      1155   82nd Avenue Safety Projects    Portland                  OR                              5,000,000
      1156   Albany Transit Operations      Albany                    OR                              1,563,978
              Facility
      1157   Beaverton Downtown Loop:       Beaverton                 OR                              4,000,000
              Phase 1 Improvements
      1158   Benton Area Transit Vehicle    Corvallis                 OR                                528,000
              Replacement
      1159   Corvallis Area Pedestrian      Corvallis                 OR                                880,000
              Crossing Improvements
      1160   Georgia Pacific Mill Site      Coos Bay                  OR                              4,500,000
              Rail-Served Marine Terminal
      1161   I-5: Aurora-Donald             Aurora                    OR                             20,000,000
              Interchange Improvement
              Project
      1162   Libby Lane Repaving            Coos Bay                  OR                                486,400
      1163   LTD Electric Bus Replacement   Eugene                    OR                              1,844,322
      1164   Main Avenue/OR 104 Pedestrian  Warrenton                 OR                              1,360,000
              Route
      1165   NW Circle Boulevard            Corvallis                 OR                              2,800,000
              Reconstruction/
              Rehabilitation
      1166   OR18: Newberg-Dundee Bypass    Newberg                   OR                              8,000,000
              Phase 2 (OR219 Section)
      1167   River Road--Santa Clara        Eugene                    OR                              1,500,000
              Bicycle and Pedestrian
              Bridge
      1168   Rose Lane / High Crash         Portland                  OR                              5,000,000
              Corridor - Smart Tech and
              Safety Improvements - 122nd
      1169   Safety and Smart Technology    Portland                  OR                              4,000,000
              Investments: Central City,
              Broadway
             .............................  ........................  ........................        2,000,000
             .............................  ........................  ........................        2,000,000
      1170   Siuslaw River Bridge           Florence                  OR                                897,300
              Pedestrian and Bicycle
              Improvement Project
      1171   Territorial Highway            Lane County               OR                              5,000,000
              Reconstruction Phase 3
      1172   TriMet Zero Emission Bus       Portland                  OR                              4,000,000
              Infrastructure
      1173   Tualatin Valley Highway        Cornelius, Hillsboro,     OR                              4,000,000
              Safety Improvements            unincorporated
                                             Washington County
      1174   Amtran Bus Replacement         Altoona                   PA                                900,000
      1175   Asset Management Phase 1       Washington/North Branch/  PA                              2,800,000
                                             Forkston Townships
      1176   Bradford Bypass                Bradford                  PA                              5,680,000
      1177   Bristol Station Improvements   Bristol                   PA                              5,000,000
      1178   Cambria County Transit         Johnstown                 PA                              6,160,000
              Authority (CamTran) Bus
              Replacements
      1179   Crawford Avenue Bridge         Connellsville             PA                              5,682,180
              Rehabilitation
      1180   East Washington Road (PennDOT  New Castle                PA                              3,116,000
              ID 91768)
      1181   East Washington Street Bridge  New Castle                PA                              1,400,000
              (PennDOT ID 100743)
      1182   Johnstown Mainstreet Greenway  Johnstown                 PA                              1,500,000
              & Urban Connectivity
              Improvements
      1183   Laurel Valley Transportation   Mt Pleasant and Unity     PA                              5,000,000
              Improvement Project SR 130     Townships
              to Arnold Palmer Airport
      1184   Lower State Road Grade         Philadelphia              PA                              1,200,000
              Crossing Safety Improvements
      1185   Marsh Creek Greenway           Wellsboro                 PA                              5,000,000
      1186   PA Route 26 Jacksonville Road  Bellefonte                PA                              5,000,000
              Betterment
      1187   PA Turnpike / I-95             Bensalem                  PA                              5,000,000
              Interchange Project, Section
              C
      1188   PA Turnpike / I-95             Bensalem                  PA                              5,000,000
              Interchange Project, Section
              D30
      1189   Purchase of 8 Microtransit     State College             PA                                416,000
              Vans
      1190   Route 61 Revitalization        Schuykill County          PA                             15,200,000
      1191   Sassafras Street Extension     Erie                      PA                              4,400,000
              Pedestrian Bridge
      1192   SR 1001 Farrandsville Road     Woodward Township and     PA                              1,200,000
              Improvements                   Lock Haven
      1193   SR 104 over Mahantango Creek   Chapman Township          PA                              1,000,000
      1194   SR2027 Speers Bridge           Speers Borough            PA                              5,672,564
              Replacement over I-70
      1195   SR87 ov Kettle Creek           Hillsgrove Township       PA                              1,040,000
      1196   State Route 68 Corridor        Butler                    PA                              6,630,000
              Improvements
      1197   US 422 Bypass Phase 2          Butler, Connoquenessing,  PA                              2,454,000
                                             and Franklin Townships
      1198   US 6: Reynolds St - Baldwin    Meadville                 PA                              2,000,000
              St Ext (Route 6 Highway
              Reconstruction)
      1199   US Business Route 322 (State   State College             PA                              5,550,000
              Route 3014) Atherton Street
              Section 153 Drainage/
              Repaving Project
      1200   Warrensville Road Slide        Williamsport              PA                              3,360,000
              Rehabilitation
      1201   Waynesburg Betterment          Waynesburg Borough &      PA                              8,000,000
                                             Franking Township
      1202   69th Street Transportation     Upper Darby               PA                              1,600,000
              Center Master Plan
      1203   Blakely Borough Main Street    Blakely Borough,          PA                              1,497,417
              Corridor Improvement Project   Lackwanna County
      1204   Bridge Replacement 209 & 33    Hamilton Township         PA                              2,000,000
              NB over Appenzell Creek
      1205   Bushkill Creek Bridge          Easton                    PA                              4,000,000
              Replacements (2) Carrying
              State Route 33
      1206   Carnegie Station Improvement   Carnegie                  PA                              9,699,200
              and Park and Ride Expansion
      1207   Castor Ave Complete Street     Philadelphia              PA                              3,000,000
      1208   Cementon Bridge Replacement    Whitehall, Northampton    PA                             10,000,000
              carrying State Route 329
              over the Lehigh River
      1209   Chestnut Street Pedestrian     Philadelphia              PA                              3,000,000
              Safety Islands
      1210   Cobbs Creek Parkway            Philadelphia              PA                              2,000,000
              Multimodal Safety
              Improvements: Larchwood
              Avenue to 67th St.
             .............................  ........................  ........................        1,200,000
             .............................  ........................  ........................          800,000
      1211   County of Lackawanna Transit   Scranton                  PA                              5,000,000
              System Transit Facility
              Renovation
      1212   Crestwood Drive Resurfacing    Wright Township, Luzerne  PA                              1,200,000
              Project                        County
      1213   Critical Pedestrian            Pittsburgh                PA                              5,000,000
              Connections - Public Steps
              Reconstruction
      1214   Cross County Trail -           Plymouth Township         PA                              4,840,000
              Germantown Pike Crossing and
              Extension
      1215   Erie Station (Broad Street     Philadelphia              PA                              7,200,000
              Line) Accessibility
              Improvements
             .............................  ........................  ........................        3,600,000
             .............................  ........................  ........................        3,600,000
      1216   Exton Station Intermodal       Exton                     PA                              4,800,000
              Connectivity
      1217   Frankford Creek Greenway:      Philadelphia              PA                              2,000,000
              Adams Avenue to Bristol
              Street
      1218   Franklin Square Pedestrian     Philadelphia              PA                                240,000
              and Bicycle Improvement--7th
              and Race Specific
      1219   Hazleton Buses and Bus         Hazleton                  PA                              1,500,000
              Infrastructure
      1220   Hill District Corridor         Pittsburgh                PA                              6,000,000
              Enhancements
      1221   Improvements to Boulevard of   Pittsburgh                PA                              5,000,000
              the Allies
      1222   Kittanning Pike Flood Control  O'Hara Township           PA                              2,200,000
      1223   Lower Demunds Road             Dallas Township, Luzerne  PA                              1,200,000
              Resurfacing Project            County
      1224   Main Street Grade Crossing in  Darby Borough             PA                              1,000,000
              Darby Borough
      1225   Mantua Neighborhood Traffic    Philadelphia              PA                              4,000,000
              Safety Project (34th St.)
      1226   Marcus Hook Regional Rail      Marcus Hook               PA                             11,250,000
              Station Accessibility
              Improvements
      1227   Market Place District          Moon Township             PA                              3,100,800
              Improvements Project
      1228   McKees Rocks Bridge            McKees Rocks              PA                              5,000,000
      1229   McKeesport--Duquesne Bridge    McKeesport                PA                              4,000,000
              Preservation
      1230   PA 12 West Resurface- 422      Wyomissing Borough        PA                              4,000,000
      1231   Parkside Avenue - Safe Access  Philadelphia              PA                              4,000,000
              to Parks
      1232   Penn Center Transit Gateway    Philadelphia              PA                              3,975,000
      1233   PHL Airport Bike Lanes         Philadelphia              PA                              3,000,000
      1234   Replacement of SR 590 Bridge   Salem Township, Wayne     PA                                560,000
              over Branch of Ariel Creek     County
      1235   Replacement of SR 590 Bridge   Paupack Township, Wayne   PA                                432,000
              over Inlet to Finn Swamp       County
      1236   Roosevelt Boulevard            Philadelphia              PA                              1,960,000
              Intersection Improvements
      1237   Schuylkill Avenue Bridge       Reading                   PA                              4,904,036
      1238   Second Street Signal           Philadelphia              PA                              2,400,000
              Optimization (Lehigh Ave to
              Callowhill St)
      1239   SEPTA Platform Rehabilitation  Philadelphia              PA                              1,205,000
              Project at PHL
      1240   Sleepy Hollow Road Bridge      Butler Township, Luzerne  PA                              1,200,000
              Replacement                    County
      1241   South Henderson Road Widening  Upper Merion              PA                              5,000,000
      1242   SR 29 & SR 113 Intersection    Perkiomen Township        PA                              3,676,512
              Improvements
      1243   SR 4004--Park Ave, Eagleville  Audubon                   PA                              4,745,604
              Road, Crawford Road
              Intersection Realignment
              Project
      1244   State Route 115 Corridor       Chestnuthill Township,    PA                              4,000,000
              Improvements Effort            Monroe County
      1245   State Route 590 Paving         Lackawaxen Township,      PA                              2,400,000
              Project                        Pike County
      1246   State Route 652 Resurfacing    Berlin Township, Wayne    PA                              1,008,000
              Project                        County
      1247   Tilghman Street and State      South Whitehall Township  PA                              4,000,000
              Route 309 Interchange
              Reconstruction
      1248   Upper Darby Walnut Street      Upper Darby               PA                                745,000
              Multimodal Connectivity
              Project
      1249   US 222 Hard Shoulder           Wyomissing Borough        PA                              5,000,000
      1250   PRHTA-01 Lajas to San German   Lajas                     PR                              5,000,000
      1251   PRHTA-02 Gurabo                Gurabo                    PR                              4,800,000
      1252   PRHTA-03 Bayamon               Bayamon                   PR                              7,884,000
      1253   East Main Road - Union Avenue  Portsmouth                RI                                240,000
              to Sandy Point Avenue Safe
              Shared-Use Path
      1254   Hope and Main Street           Bristol and Warren        RI                              8,000,000
              Sidewalks
      1255   Pawtucket Avenue Veteran's     East Providence           RI                              5,600,000
              Memorial Parkway to Waterman
              Avenue
      1256   Post Road and Old Post Road    Westerly, Charlestown     RI                             10,400,000
              Improvements
      1257   Route 2, Bald Hill Road, and   Warwick/Cranston          RI                              4,000,000
              New London Avenue
              Improvements
      1258   RT-114, Wampanoag Trail (East  Barrington and East       RI                              5,920,000
              Shore Expressway to Federal    Providence
              Road)
      1259   Trestle Trail--West Section    Coventry                  RI                              4,400,000
      1260   I 26/ 526 Interchange          North Charleston          SC                             20,000,000
      1261   SC-126 Belvedere Clearwater    Clearwater                SC                             13,069,695
              Road Widening
      1262   Corridor Improvement at Old    Calhoun County            SC                              1,100,000
              State Road (US 21/176) from
              Savany Hunt Creek Road (S-
              86) to Old Sandy Run Road (S-
              31)
      1263   Intersection Improvement at    Gaston                    SC                              1,100,000
              Old State Road (US 21/176)
              and Savany Hunt Creek Road
              (S-86)
      1264   Santee Wateree Regional        Sumter                    SC                              2,000,000
              Transportation #2022
      1265   Sumter Manning Avenue Bridge   Sumter                    SC                              4,000,000
              Multimodal Enhancements
      1266   US 21/178 Bypass (Joe S.       Orangeburg                SC                              7,800,000
              Jeffords Highway) Corridor
              Improvement
      1267   Walk Bike Columbia             Columbia                  SC                              4,000,000
      1268   Blount County Greenway         Blount County             TN                              3,420,800
      1269   Elvis Presley Boulevard        Memphis                   TN                              7,000,000
      1270   Knob Creek Road                Johnson City              TN                              2,630,000
      1271   Magnolia Avenue Corridor       Knoxville                 TN                             10,000,000
      1272   MATA Electric Bus Program      Memphis                   TN                              7,000,000
      1273   Memphis 3.0 (Kimball at        Memphis                   TN                              3,000,000
              Pendleton)
      1274   Mississippi Boulevard          Memphis                   TN                              1,141,440
              Signalized Pedestrian
              Crossing
      1275   Overton Park Cooper Street     Memphis                   TN                              1,739,432
              Entrance
      1276   SR-126                         Kingsport                 TN                              5,662,000
      1277   SR-34                          Morristown                TN                              2,394,000
      1278   SR-35                          Greenville                TN                              2,018,000
      1279   SR-36                          Spurgeon                  TN                              5,445,000
      1280   SR-499 EXT                     Sevierville               TN                                832,000
      1281   SR-93 Horse Creek              Kingsport                 TN                                777,000
      1282   SR-93 Miscellaneous Safety     Fall Branch               TN                                242,000
              Improvements
      1283   Third/Fourth Street Corridor   Chattanooga               TN                              2,500,000
              Project, Chattanooga, TN
      1284   US-127 (SR-28)                 Fentress County /         TN                             20,000,000
                                             Cumberland County
      1285   54 Scott Street BOOST          Houston                   TX                             20,000,000
              Corridor project
      1286   Austin Bergstrom Spur Urban    Austin                    TX                             10,000,000
              Trail
      1287   Austin Ross Road Substandard   Austin                    TX                             10,000,000
              Street
      1288   Bear Creek Road Improvement    Glenn Heights             TX                              3,329,417
              Project
      1289   City of South Houston--        South Houston             TX                              1,264,530
              Concrete Sidewalks
      1290   Clay Road Bridge               Houston                   TX                              9,929,577
              Reconstruction Project
      1291   Dallas East Grand Avenue (SH-  Dallas                    TX                              1,300,000
              78) Corridor Study &
              Infrastructure Improvements
      1292   Dallas Vision Zero             Dallas                    TX                             10,000,000
              Implementation
      1293   DART LED Light Replacement     Dallas                    TX                              2,080,000
              Project
      1294   DART Mobile Data Terminals     Dallas                    TX                              1,760,000
              System Upgrade Project
      1295   East Dallas Bus and            Dallas                    TX                                891,992
              Maintenance Facility
              Renovation Project
      1296   FM 3349/US 79 Railroad Grade   Hutto & Taylor            TX                             10,000,000
              Separation Project
      1297   FM 60 from 2 miles east of SH  Caldwell                  TX                              4,000,000
              36 to .8 miles west of FM
              2039
      1298   Foley Street & Navigation      Houston                   TX                             10,000,000
              Realignment & Infrastructure
              Re-Use Construction Phase
      1299   Fondren Road Reconstruction    Houston                   TX                             11,000,000
              with Transit and Pedestrian
              Enhancements
      1300   Greater Downtown Dallas        Dallas                    TX                              1,600,000
              Master Plan
      1301   Grove Street Intermodal        Fort Wort                 TX                              3,250,000
              Campus Rehabilitation
      1302   High Line Project              Pharr                     TX                                940,160
      1303   IBTC                           Donna and Alamo           TX                              3,500,000
      1304   IH 45 from 1.5 miles south of  Fairfield                 TX                              1,000,000
              S 84 to US 84
      1305   IH 69E                         Lyford and Sebastian      TX                              3,500,000
      1306   Intersection at SH 191 and     Midland                   TX                              6,520,000
              Yukon Rd.
      1307   John Hayes Extension           El Paso                   TX                             12,000,000
      1308   Meadowglen West Complete       Houston                   TX                              4,000,000
              Street Project
      1309   Memorial Park Connector South  Houston                   TX                              4,000,000
      1310   Missouri City/BW 8 Transit     Missouri City             TX                              5,000,000
              Facility
      1311   New Construction Overpass at   Odessa                    TX                              2,000,000
              Loop 338 and South US 385
      1312   Pharr International Bridge     Pharr                     TX                              2,863,918
              Dock Expansion 1
      1313   Pharr International Bridge-    Pharr                     TX                              3,880,000
              Commercial Vehicle Staging
              Area
      1314   Phase 3A--SL 88 from Memphis   Lubbock                   TX                             11,820,000
              to CR 2240 (Ave. U) (TxDOT
              Project Id: 1502-01-029)
      1315   Phase 3B--SL 88 from SL 88     Lubbock                   TX                              8,180,000
              from Chicago Avenue to
              Memphis Avenue (TxDOT
              Project Id: 1502-01-030)
      1316   Reconstruction of US385 in     Odessa                    TX                              1,000,000
              Odessa
      1317   Re-establish Northwest Drive   Mesquite                  TX                             10,000,000
              Direct Access to IH 635
      1318   RM 2243 Resiliency Project     Leander                   TX                             10,000,000
      1319   Safe Access to Transit         Houston                   TX                              1,200,000
              Improvements
      1320   SH 550                         Brownsville               TX                              3,791,529
      1321   SH 6 from BS 6-R to SH 40      College Station           TX                              4,000,000
      1322   South Parallel Corridor Phase  San Benito                TX                              6,500,000
              III
      1323   South Park and Ride Project/   McAllen                   TX                              4,700,000
              Electric Bus Project
              Expansion
      1324   Speegleville Road: Bridge at   Waco                      TX                              8,379,000
              Middle Bosque River
      1325   Stanton Street Bridge ``Good   El Paso                   TX                              7,200,000
              Neighbor International
              Bridge'' Intelligent
              Transportation System
      1326   The I-35 Innovative Corridor   Dallas                    TX                              7,500,000
              Project
      1327   Traffic Signal Improvements    Odessa                    TX                              2,480,000
              Loop 338 at W Yukon Rd
      1328   Trinity Lakes Station--Fort    Fort Worth                TX                             11,962,800
              Worth Transportation
              Authority
      1329   TX SH 36 Expansion             Fort Bend County          TX                             20,000,000
      1330   Vallecillo Road Project        Laredo                    TX                             14,000,000
      1331   Westheimer BOOST               Houston                   TX                             16,000,000
      1332   Widen US-77                    Victoria                  TX                             20,000,000
      1333   Widening of US-83 South of     Zapata                    TX                              5,780,148
              Zapata Townsite Project
      1334   Zarzamora/Frio City Road RR    San Antonio               TX                             15,600,000
              Overpass
      1335   1300 East/Richmond Street      Salt Lake City            UT                              2,000,000
              Reconstruction
      1336   1500 West and 1300 North       Clinton City              UT                              1,200,000
              Roundabout
      1337   4700 South Project WVC         West Valley City          UT                              3,000,000
      1338   700 West Project               South Salt Lake City      UT                              3,000,000
      1339   BRT from Kimball Junction to   Park City                 UT                              6,500,000
              Park City (S.R. 224)
      1340   Colorado River Pathway Phase   Moab/Grand County         UT                              1,000,000
              IV
      1341   Fort Street Reconstruct        Draper                    UT                                915,294
      1342   Frontage Road Bypass           Herriman                  UT                              4,800,000
      1343   FrontRunner Forward            Provo to Ogden            UT                              3,300,000
      1344   Legacy Highway Frontage Road   Centerville               UT                              1,500,000
              Project
      1345   Midvalley Connector            Murray, West Valley,      UT                              5,500,000
                                             Salt Lake City
      1346   Neffs Canyon Trailhead         Salt Lake City            UT                                800,000
              Redesign
             .............................  ........................  ........................          400,000
             .............................  ........................  ........................          400,000
      1347   North Sugar Factory Road       Gunnison                  UT                              1,727,200
      1348   Ogden 25th Street Rebuild      Ogden                     UT                              5,500,000
              Project
      1349   Ogden Canyon Shared Use        Ogden                     UT                              4,000,000
              Pathway Project
      1350   Park City Arts and Culture     Park City                 UT                              1,200,000
              District Roadway and
              Connectivity Project
      1351   Provo Intermodal Center        Provo                     UT                              1,000,000
              Pedestrian Bridge Project
      1352   Safe Route to School Sidewalk  Salt Lake County          UT                                 73,345
              Project
      1353   Sharp/Tintic Railroad          Springville and Spanish   UT                              1,700,000
              Connection                     Fork
      1354   SR-7 Exit 5 Interchange,       St. George                UT                              5,000,000
              Southern Hills Bridge and
              Roadway
      1355   Young Street Bridge and        Morgan City               UT                              1,547,401
              Connector Road Project
      1356   Arlington Ridge Road Bridge    Arlington/Alexandria      VA                              9,000,000
      1357   Berkley Avenue Bridge          Norfolk                   VA                              5,000,000
      1358   Chesapeake All-Electric        Chesapeake                VA                              1,600,000
              Mobile Command Vehicle
              Demonstration Project
      1359   Coalfields Expressway--RTE     Grundy                    VA                              4,097,500
              121 West Virginia State Line
              to Grundy, VA
      1360   Commerce Road Improvements     Richmond                  VA                              1,600,000
              Project
      1361   Craney Island Access Road      Portsmouth                VA                              3,111,500
      1362   Electric Emergency Response    Chesapeake                VA                              1,600,000
              Vehicles
      1363   Fall Line Trail - Downtown     Richmond                  VA                              1,500,000
              Core Enhancements
      1364   HRT Bus Replacement            Virginia Beach            VA                              2,377,000
      1365   I-64 at Oilville Road (Rte.    Goochland County          VA                              3,436,000
              617) Interchange
      1366   I-66 Transportation            Fairfax                   VA                              4,000,000
              Alternatives
      1367   I-81 Northbound Truck          Marion                    VA                             11,160,000
              Climbing Lane--Mile Marker
              39.5
      1368   Intersection Safety            Troy                      VA                              5,082,700
              Improvements at the
              Intersection of Route 15 and
              Route 250
      1369   Intersection Safety            Louisa                    VA                              2,050,000
              Improvements at the
              Intersection of Route 22 and
              Route 780
      1370   Interstate 95 and Willis Road  Chesterfield              VA                              3,200,000
              Interchange Improvements
              Project
      1371   Jahnke Road: Blakemore Road    Richmond                  VA                              1,600,000
              to Forest Hill Avenue
      1372   Long Bridge                    Arlington                 VA                              4,000,000
      1373   Mathis Corridor                Manassas                  VA                              7,000,000
              Revitalization Project
      1374   Multimodal Transportation      Falls Church              VA                              2,000,000
              Infrastructure Improvements
      1375   Nimmo Parkway Phase VII-B      Virginia Beach            VA                              5,000,000
      1376   Old Bridge Road at Gordon      Woodbridge                VA                              4,000,000
              Boulevard Interchange/
              Intersection Improvements
      1377   Parallel Chesapeake Tunnel     Northampton County        VA                              3,111,500
              Project
      1378   Peninsula Transit Signal       Newport News and Hampton  VA                              9,702,071
              Priority Improvements
      1379   Red Lane Road/Rt. 60           Powhatan                  VA                              3,145,663
              Continuous Green T
      1380   Richmond Highway Bus Rapid     Fairfax County            VA                              5,000,000
              Transit
      1381   Roundabout at the              Prince George County      VA                              3,540,806
              intersection of Middle Road
              (Rt. 646) and Jefferson Park
              Road (Rt. 630)
      1382   Route 31 Bicycle               Surry                     VA                              6,379,000
              Accommodations Project
      1383   Route 7/Route 690 Interchange  Purcellville              VA                             10,000,000
      1384   Rt. 208 (Courthouse Road) and  Fredericksburg            VA                              1,151,000
              Hood Drive Intersection
              Improvement (UPC 110987)
      1385   Silver Line Support            Fairfax                   VA                             10,500,000
              Transportation Alternatives
      1386   The Birthplace of America      Newport News              VA                              3,160,000
              Trail
      1387   Tidewater Drive                Norfolk                   VA                              6,400,000
              Reconstruction
      1388   Transit Enhancement and        Chesterfield              VA                              4,688,800
              Expansion
      1389   St. Croix/St. Thomas Ferry     Christiansted             VI                             15,000,000
      1390   Barre City-Barre Town VT       Barre                     VT                              4,750,000
              Route 14 / Quarry Street and
              Quarry Hill Road
              Intersection Reconstruction
      1391   Essex Junction Crescent        Essex                     VT                              5,400,000
              Connector
      1392   Railyard Enterprise Project    Burlington                VT                              2,250,000
              (Design & Permitting Phase)
      1393   Town of Hartford (Quechee)     Hartford                  VT                              7,600,000
              U.S 4 Bridge Rehabilitation
      1394   Bigelow Gulch and Sullivan     Spokane Valley            WA                              2,650,000
              Road Corridor
      1395   City of Waitsburg Highway 12   Waitsburg                 WA                                350,000
              Preston Bridge Replacement
      1396   Columbia Heights Road          Longview                  WA                              5,500,000
              Reconstruction
      1397   Ferry County Kettle River      Curlew                    WA                              1,797,000
              Road Rehabilitation
      1398   I-5/SR 503 Interchange Area    Woodland                  WA                             11,760,000
              Improvements
      1399   Industrial Rail Corridor       Longview                  WA                              2,740,000
              Expansion (IRCE)
      1400   Palouse River Bridge           Colfax                    WA                              6,000,000
              Replacement
      1401   Spokane Airport Spotted Road   Spokane                   WA                              6,749,000
              Project
      1402   SR 410/Rock Creek Vic--        Naches                    WA                              3,562,000
              Chronic Environmental
              Deficiency
      1403   SW Mojonnier Road              College Place             WA                              2,453,574
              Reconstruction
      1404   US 12 Naches Vic to Yakima     Naches                    WA                              1,452,000
              Vic--Intersection Safety
              Improvements
      1405   US 97/Jones Rd--Intersection   Wapato                    WA                              4,464,000
              Improvements
      1406   US Highway 12 Phase 8 Final    Touchet                   WA                              5,965,931
              Design and Right of Way
              Acquisition
      1407   Yakima County, East-West       Yakima                    WA                              4,000,000
              Corridor Phase II Project.
      1408   169th Street Connecting        Arlington                 WA                              3,900,000
              Segment
      1409   20th Street NE / Main Street   Lake Stevens              WA                              2,000,000
              Improvements
      1410   42nd Ave S Bridge Replacement  Tukwila                   WA                              1,270,000
              Project
      1411   Aberdeen US 12 Highway-Rail    Aberdeen                  WA                              2,080,000
              Separation Project
      1412   Access and Circulation Roads   Town of Darrington        WA                              1,291,869
              for the Darrington Wood
              Innovation Center
      1413   Bellevue Transit Center        Bellevue                  WA                              1,000,000
              Safety and Connectivity
              Project
      1414   City of Carnation Larson /     Carnation                 WA                              2,400,000
              40th Street Bypass Project
      1415   City of Kenmore Fish Passable  Kenmore                   WA                              1,224,000
              Culvert Replacements
      1416   College Street Corridor        Lacey                     WA                              6,000,000
              Improvements Phase III
      1417   Columbia River Pedestrian      Wenatchee                 WA                              8,600,000
              Bridge Extension, Apple
              Capital Loop Trail
      1418   E. 64th Street Phase II        Tacoma                    WA                              5,600,000
      1419   East Marginal Way Corridor     Seattle                   WA                              2,340,000
              Improvements - Phase 1
      1420   Eastrail Wilburton Critical    Bellevue                  WA                              1,680,000
              Crossing
      1421   Georgetown to South Park       Seattle                   WA                              1,800,000
              Connection
      1422   Gorst Area Resiliency and      Bremerton                 WA                              8,000,000
              Redundancy Alternatives
              Study
      1423   Guemes Island Ferry            Anacortes                 WA                              8,000,000
              Replacement Project
      1424   I-5/Lake Washington Ship       Seattle                   WA                              5,000,000
              Canal Bridge
      1425   Lea Hill Corridor 112th Ave    Aubrun                    WA                              4,446,200
              SE & 105th Pl SE
              Intersection Improvements
      1426   Links to Opportunity           Tacoma                    WA                              2,000,000
              Streetscape Project
      1427   Lyon Creek Culvert             Lake Forest Park          WA                              3,100,000
              Replacement Project
      1428   Meeker Complete Street/Safe    Kent                      WA                              2,500,000
              Routes to School Project
      1429   MLK Jr. Way S Safety and       Seattle                   WA                                750,000
              Accessibility Improvements
              Project
      1430   NE 124th St / 124th Ave NE     Kirkland                  WA                              2,000,000
              Pedestrian Bridge (Totem
              Lake Non-Motorized Bridge)
      1431   Orting HWY 162 Pedestrian      Oting                     WA                              6,000,000
              Bridge
      1432   Puyallup Avenue Transit/       Tacoma                    WA                              2,000,000
              Complete Street Improvements
      1433   Rainier Avenue South Corridor  Renton                    WA                              2,000,000
              Improvements--Phase 4A
      1434   Redmond Central Connector      Redmond                   WA                              3,000,000
              Phase III
      1435   Roundabout on US-2 and Main    Sultan                    WA                                900,000
              Street
      1436   Safe Routes to School          Tacoma                    WA                              1,000,000
              Improvements: Whitman
              Elementary and Edison
              Elementary Schools
      1437   Sheffield Trail Improvement    Fife                      WA                              2,750,000
              Project
      1438   South Campus Interim Base      Tukwila                   WA                              3,000,000
              Electrification
      1439   South Tacoma Way, 88th Street  Lakewood                  WA                              2,400,000
              S to 80th Street Court SW.
      1440   South Whidbey--Clinton Area    Clinton                   WA                              1,500,000
              Transportation
              Infrastructure Improvements
      1441   SR 99/NB Duwamish River        Seattle                   WA                              2,000,000
              Bridge--Grid Deck
              Replacement
      1442   SR522 Corridor Improvement     Maltby                    WA                              4,000,000
      1443   Town to Zylstra Lake Multi-    Friday Harbor             WA                              5,280,000
              Modal Trail
      1444   Tukwila International          Tukwila                   WA                              2,000,000
              Boulevard Bus Rapid Transit
              Station
      1445   US 12/Heron St Bridge Tier 1-- Aberdeen                  WA                              2,038,166
              Bridge Rehabilitation
      1446   US-2 WB Trestle                Lake Stevens, Everett     WA                              1,680,000
             .............................  ........................  ........................          840,000
             .............................  ........................  ........................          840,000
      1447   Washington State Ferries       Seattle                   WA                              4,200,000
              Seattle Ferry Terminal
              Shoreside Electrification
      1448   West Seattle and Ballard Link  Seattle                   WA                              5,360,000
              Extensions (WSBLE)
      1449   X Street Roundabout            Tumwater                  WA                              3,250,000
      1450   Atwood Ave. (Fair Oaks Ave.    Madison                   WI                              6,275,000
              to Cottage Grove Rd.)
      1451   BeerLine Bike and Pedestrian   Milwaukee                 WI                              1,200,000
              Trail
      1452   CTH CC from Ash Street to CTH  Oregon                    WI                              2,000,000
              D
      1453   CTH CV from Government Road    Madison                   WI                              2,000,000
              to USH 51
      1454   CTH M/Century Avenue Bridge    Middleton                 WI                              2,000,000
              (B-13-0046) over Pheasant
              Branch Replacement Including
              Approaches and Branch Street
              Intersection
      1455   CTH P from CTH PD to CTH S     Klevenville               WI                              2,000,000
      1456   I-94 Screening Wall at Woods   Milwaukee                 WI                              2,000,000
              National Cemetery
      1457   Milwaukee Country Transit Bus  Wauwatosa                 WI                              4,000,000
              Purchase
      1458   Milwaukee County Transit       Wauwatosa                 WI                              2,000,000
              Security Initiative
      1459   Reconstruction of Silver       Glendale                  WI                              4,500,000
              Spring Drive
      1460   Reedsburg - Baraboo, Preston   Reedsburg                 WI                                125,000
              Avenue to STH 23 Const./Mill
              & Overlay, State 3R
      1461   Reedsburg - Wisconsin Dells    Reedsburg                 WI                              1,600,000
              STH 136 Intersection Const./
              Intersection Improvement/RAB
              Safety
      1462   South Kinnickinnic Avenue      St. Francis               WI                                700,000
              Resurfacing Project
      1463   US 14 (Wisconsin River to Oak  Arena                     WI                              2,000,000
              Street) between Spring Green
              & Madison
      1464   Vliet Street Resurfacing       Milwaukee                 WI                              4,200,000
              Project
      1465   Hal Greer Boulevard Corridor   Huntington                WV                              6,400,000
              Upgrade
      1466   Michael Angiulli Memorial      North View                WV                              2,080,000
              Bridge
      1467   New Cumberland--WV 2           New Cumberland            WV                              3,200,000
      1468   Princeton Overhead Bridge      Princeton                 WV                              3,600,000
      1469   Rock Creek Interchange--New    Rock Creek                WV                             10,000,000
              Access Road
      1470   Route 93 Scherr Overpass       Scherr                    WV                              3,120,000
      1471   Van Voorhis Road               Morgantown                WV                              6,800,000
      1472   WVU PRT Passenger Stations     Morgantown                WV                              4,800,000
              Rehabilitation Project
      1473   Excelsior Springs Safe         Excelsior Springs         MO                              9,444,706
              Streets and Sidewalks
----------------------------------------------------------------------------------------------------------------

                   DIVISION B--SURFACE TRANSPORTATION

SEC. 1001. APPLICABILITY OF DIVISION.

  (a) Applicability.--This division, including the amendments made by 
this division, applies beginning on October 1, 2022.
  (b) Reference to Date of Enactment.--In this division and the 
amendments made by this division, any reference to--
          (1) the date of enactment of this Act;
          (2) the date of enactment of a provision of this division;
          (3) the date of enactment of a provision added to law by an 
        amendment made by this division; or
          (4) the date of enactment of the INVEST in America Act added 
        to law by an amendment made by this division,
shall be treated as a reference to October 1, 2022.
  (c) Exception for Immediate Application.--Subsections (a) and (b) 
shall not apply to the following sections and any amendments made by 
such sections:
          (1) Section 1105.
          (2) Section 1107.
          (3) Section 1305.
          (4) Subsections (c)(1) and (d) of section 2104.
          (5) Section 2106.
          (6) Section 2112.
          (7) Section 2204(1)(A).
          (8) Section 2305.
          (9) Section 2307.
          (10) Section 2902(2).

                     TITLE I--FEDERAL-AID HIGHWAYS

           Subtitle A--Authorizations and Program Conditions

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
          (1) Federal-aid highway program.--For the national highway 
        performance program under section 119 of title 23, United 
        States Code, the pre-disaster mitigation program under section 
        124 of such title, the railway crossings program under section 
        130 of such title, the surface transportation program under 
        section 133 of such title, the highway safety improvement 
        program under section 148 of such title, the congestion 
        mitigation and air quality improvement program under section 
        149 of such title, the clean corridors program under section 
        151 of such title, the national highway freight program under 
        section 167 of such title, the carbon pollution reduction 
        program under section 171 of such title, and metropolitan 
        planning under section 134 of such title--
                  (A) $56,522,048,429 for fiscal year 2023;
                  (B) $57,480,646,776 for fiscal year 2024;
                  (C) $58,595,359,712 for fiscal year 2025; and
                  (D) $59,618,666,186 for fiscal year 2026.
          (2) Transportation infrastructure finance and innovation 
        program.--For credit assistance under the transportation 
        infrastructure finance and innovation program under chapter 6 
        of title 23, United States Code, $250,000,000 for each of 
        fiscal years 2023 through 2026.
          (3) Construction of ferry boats and ferry terminal 
        facilities.--For construction of ferry boats and ferry terminal 
        facilities under section 147 of title 23, United States Code, 
        $120,000,000 for each of fiscal years 2023 through 2026.
          (4) Federal lands and tribal transportation programs.--
                  (A) Tribal transportation program.--For the tribal 
                transportation program under section 202 of title 23, 
                United States Code, $800,000,000 for each of fiscal 
                years 2023 through 2026.
                  (B) Federal lands transportation program.--
                          (i) In general.--For the Federal lands 
                        transportation program under section 203 of 
                        title 23, United States Code, $555,000,000 for 
                        each of fiscal years 2023 through 2026.
                          (ii) Allocation.--Of the amount made 
                        available for a fiscal year under clause (i)--
                                  (I) the amount for the National Park 
                                Service is $400,000,000 for each of 
                                fiscal years 2023 through 2026;
                                  (II) the amount for the United States 
                                Fish and Wildlife Service is 
                                $50,000,000 for each of fiscal years 
                                2023 through 2026;
                                  (III) the amount for the United 
                                States Forest Service is $50,000,000 
                                for each of fiscal years 2023 through 
                                2026;
                                  (IV) the amount for the Corps of 
                                Engineers is $16,000,000 for each of 
                                fiscal years 2023 through 2026;
                                  (V) the amount for the Bureau of Land 
                                Management is $16,000,000 for each of 
                                fiscal years 2023 through 2026;
                                  (VI) the amount for the Bureau of 
                                Reclamation is $16,000,000 for each of 
                                fiscal years 2023 through 2026; and
                                  (VII) the amount for independent 
                                Federal agencies with natural resource 
                                and land management responsibilities is 
                                $7,000,000 for each of fiscal years 
                                2023 through 2026.
                  (C) Federal lands access program.--For the Federal 
                lands access program under section 204 of title 23, 
                United States Code, $345,000,000 for each of fiscal 
                years 2023 through 2026.
                  (D) Federal lands and tribal major projects grants.--
                To carry out section 208 of title 23, United States 
                Code, $400,000,000 for each of fiscal years 2023 
                through 2026.
          (5) Territorial and puerto rico highway program.--For the 
        territorial and Puerto Rico highway program under section 165 
        of title 23, United States Code, the amounts specified in 
        paragraphs (1) and (2) of section 165(a) for each of fiscal 
        years 2023 through 2026.
          (6) Projects of national and regional significance.--For 
        projects of national and regional significance under section 
        117 of title 23, United States Code, $3,000,000,000 for each of 
        fiscal years 2023 through 2026.
          (7) Community transportation investment grants.--To carry out 
        section 173 of title 23, United States Code, $600,000,000 for 
        each of fiscal years 2023 through 2026.
          (8) Community climate innovation grants.--To carry out 
        section 172 of title 23, United States Code, $250,000,000 for 
        each of fiscal years 2023 through 2026.
          (9) National scenic byways program.--To carry out section 162 
        of title 23, United States Code, $16,000,000 for each of fiscal 
        year 2023 through 2026.
          (10) Rebuild rural bridges program.-- To carry out section 
        1307 of this Act, $250,000,000 for each of fiscal years 2023 
        through 2026.
          (11) Parking for commercial motor vehicles.--To carry out 
        section 1308 of this Act, $250,000,000 for each of fiscal years 
        2023 through 2026.
          (12) Active connected transportation grant program.--To carry 
        out section 1309 of this Act, $250,000,000 for each of fiscal 
        years 2023 through 2026.
          (13) Wildlife crossings program.--To carry out section 1310 
        of this Act, $100,000,000 for each of fiscal years 2023 through 
        2026.
          (14) Reconnecting neighborhoods program.--To carry out 
        section 1311 of this Act, $750,000,000 for each of fiscal years 
        2023 through 2026.
          (15) Metro performance program.--To carry out section 1305 of 
        this Act, $250,000,000 for each of fiscal years 2023 through 
        2026.
          (16) Gridlock reduction grant program.--To carry out section 
        1306 of this Act, $500,000,000 for fiscal year 2023.
  (b) Treatment of Funds.--Amounts made available under paragraphs (10) 
through (14) of subsection (a) shall be administered as if apportioned 
under chapter 1 of title 23, United States Code.
  (c) Disadvantaged Business Enterprises.--
          (1) Findings.--Congress finds that--
                  (A) despite the real improvements caused by the 
                disadvantaged business enterprise program, minority- 
                and women-owned businesses across the country continue 
                to confront serious and significant obstacles to 
                success caused by race and gender discrimination in the 
                federally assisted surface transportation market and 
                related markets across the United States;
                  (B) the continuing race and gender discrimination 
                described in subparagraph (A) merits the continuation 
                of the disadvantaged business enterprise program;
                  (C) recently, the disparities cause by discrimination 
                against African American, Hispanic American, Asian 
                American, Native American, and women business owners 
                have been further exacerbated by the coronavirus 
                pandemic and its disproportionate effects on minority- 
                and women-owned businesses across the nation;
                  (D) Congress has received and reviewed testimony and 
                documentation of race and gender discrimination from 
                numerous sources, including congressional hearings and 
                other investigative activities, scientific reports, 
                reports issued by public and private agencies at every 
                level of government, news reports, academic 
                publications, reports of discrimination by 
                organizations and individuals, and discrimination 
                lawsuits, which continue to demonstrate that race- and 
                gender-neutral efforts alone are insufficient to 
                address the problem;
                  (E) the testimony and documentation described in 
                subparagraph (D) demonstrate that discrimination across 
                the United States poses an injurious and enduring 
                barrier to full and fair participation in surface 
                transportation-related businesses of women business 
                owners and minority business owners and has negatively 
                affected firm formation, development and success in 
                many aspects of surface transportation-related business 
                in the public and private markets; and
                  (F) the testimony and documentation described in 
                subparagraph (D) provide a clear picture of the 
                inequality caused by discrimination that continues to 
                plague our nation and a strong basis that there is a 
                compelling need for the continuation of the 
                disadvantaged business enterprise program to address 
                race and gender discrimination in surface 
                transportation-related business.
          (2) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Small business concern.--The term ``small 
                business concern'' means a small business concern (as 
                the term is used in section 3 of the Small Business Act 
                (15 U.S.C. 632)).
                  (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' has the meaning given the 
                term in section 8(d) of the Small Business Act (15 
                U.S.C. 637(d)) and relevant subcontracting regulations 
                issued pursuant to that Act, except that women shall be 
                presumed to be socially and economically disadvantaged 
                individuals for purposes of this subsection.
          (3) Amounts for small business concerns.--Except to the 
        extent that the Secretary of Transportation determines 
        otherwise, not less than 10 percent of the amounts made 
        available for any program under titles I, II, V, and VII of 
        this division and section 403 of title 23, United States Code, 
        shall be expended through small business concerns owned and 
        controlled by socially and economically disadvantaged 
        individuals.
          (4) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                  (A) survey and compile a list of the small business 
                concerns referred to in paragraph (3) in the State, 
                including the location of the small business concerns 
                in the State; and
                  (B) notify the Secretary, in writing, of the 
                percentage of the small business concerns that are 
                controlled by--
                          (i) women;
                          (ii) socially and economically disadvantaged 
                        individuals (other than women); and
                          (iii) individuals who are women and are 
                        otherwise socially and economically 
                        disadvantaged individuals.
          (5) Uniform certification.--
                  (A) In general.--The Secretary of Transportation 
                shall establish minimum uniform criteria for use by 
                State governments in certifying whether a concern 
                qualifies as a small business concern for the purpose 
                of this subsection.
                  (B) Inclusions.--The minimum uniform criteria 
                established under subparagraph (A) shall include, with 
                respect to a potential small business concern--
                          (i) on-site visits;
                          (ii) personal interviews with personnel;
                          (iii) issuance or inspection of licenses;
                          (iv) analyses of stock ownership;
                          (v) listings of equipment;
                          (vi) analyses of bonding capacity;
                          (vii) listings of work completed;
                          (viii) examination of the resumes of 
                        principal owners;
                          (ix) analyses of financial capacity; and
                          (x) analyses of the type of work preferred.
          (6) Reporting.--The Secretary of Transportation shall 
        establish minimum requirements for use by State governments in 
        reporting to the Secretary--
                  (A) information concerning disadvantaged business 
                enterprise awards, commitments, and achievements; and
                  (B) such other information as the Secretary 
                determines to be appropriate for the proper monitoring 
                of the disadvantaged business enterprise program.
          (7) Compliance with court orders.--Nothing in this subsection 
        limits the eligibility of an individual or entity to receive 
        funds made available under titles I, II, V, and VII of this 
        division and section 403 of title 23, United States Code, if 
        the entity or person is prevented, in whole or in part, from 
        complying with paragraph (3) because a Federal court issues a 
        final order in which the court finds that a requirement or the 
        implementation of paragraph (3) is unconstitutional.
          (8) Sense of congress on prompt payment of dbe 
        subcontractors.--It is the sense of Congress that--
                  (A) the Secretary of Transportation should take 
                additional steps to ensure that recipients comply with 
                section 26.29 of title 49, Code of Federal Regulations 
                (the disadvantaged business enterprises prompt payment 
                rule), or any corresponding regulation, in awarding 
                federally funded transportation contracts under laws 
                and regulations administered by the Secretary; and
                  (B) such additional steps should include increasing 
                the Department of Transportation's ability to track and 
                keep records of complaints and to make that information 
                publicly available.
          (9) Sense of congress on fulfilling certain contracts.--It is 
        the sense of Congress that contractors participating in a 
        federally funded transportation contract with a small business 
        concern owned and controlled by socially and economically 
        disadvantaged individuals should ensure that the percentage of 
        a contract promised to such small business concern is 
        fulfilled, unless prior approval is obtained consistent with 
        the regulations under part 26 of title 49, Code of Federal 
        Regulations.
  (d) Limitation on Financial Assistance for State-Owned Enterprises.--
          (1) In general.--Funds provided under this section may not be 
        used in awarding or exercising an option on a previously 
        awarded contract, a contract, subcontract, grant, or loan to an 
        entity that is owned or controlled by, is a subsidiary of, or 
        is otherwise related legally or financially to a corporation 
        based in a country that--
                  (A) is identified as a nonmarket economy country (as 
                defined in section 771(18) of the Tariff Act of 1930 
                (19 U.S.C. 1677(18))) as of the date of enactment of 
                this Act;
                  (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                  (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
          (2) Exception.--For purposes of paragraph (1), the term 
        ``otherwise related legally or financially'' does not include a 
        minority relationship or investment.
          (3) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements.

SEC. 1102. OBLIGATION LIMITATION.

  (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs shall not 
exceed--
          (1) $66,097,092,526 for fiscal year 2023;
          (2) $66,570,608,070 for fiscal year 2024;
          (3) $67,701,550,431 for fiscal year 2025; and
          (4) $68,741,903,518 for fiscal year 2026.
  (b) Exceptions.--The limitations under subsection (a) shall not apply 
to obligations under or for--
          (1) section 125 of title 23, United States Code;
          (2) section 147 of the Surface Transportation Assistance Act 
        of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
          (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
          (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
          (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
          (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240);
          (7) section 157 of title 23, United States Code (as in effect 
        on June 8, 1998);
          (8) section 105 of title 23, United States Code (as in effect 
        for fiscal years 1998 through 2004, but only in an amount equal 
        to $639,000,000 for each of those fiscal years);
          (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
          (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
          (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation;
          (12) section 119 of title 23, United States Code (as in 
        effect for fiscal years 2013 through 2015, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
          (13) section 119 of title 23, United States Code (but, for 
        fiscal years 2016 through 2022, only in an amount equal to 
        $639,000,000 for each of those fiscal years);
          (14) section 203 of title 23, United States Code (but, for 
        fiscal years 2023 through 2026, only in an amount equal to 
        $550,000,000 for each of those fiscal years); and
          (15) section 133(d)(1)(B) of title 23, United States Code 
        (but, for fiscal years 2023 through 2026, only in an amount 
        equal to $89,000,000 for each of those fiscal years).
  (c) Distribution of Obligation Authority.--Subject to paragraph 
(1)(B), for each of fiscal years 2023 through 2026, the Secretary of 
Transportation--
          (1)(A) shall not distribute obligation authority provided by 
        subsection (a) for the fiscal year for--
                  (i) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code;
                  (ii) amounts authorized for the Bureau of 
                Transportation Statistics;
                  (iii) amounts authorized for the tribal 
                transportation program under section 202 of title 23, 
                United States Code; and
                  (iv) amounts authorized for the territorial and 
                Puerto Rico highway program under section 165(a) of 
                title 23, United States Code; and
          (B) for each of fiscal years 2023 through 2026, in addition 
        to the amounts described in subparagraph (A), shall not 
        distribute obligation authority provided by subsection (a) for 
        the fiscal year for amounts authorized for the metro 
        performance program under section 1305 of this Act;
          (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts--
                  (A) made available from the Highway Trust Fund (other 
                than the Mass Transit Account) for Federal-aid highway 
                and highway safety construction programs for previous 
                fiscal years, the funds for which are allocated by the 
                Secretary (or apportioned by the Secretary under 
                section 202 or 204 of title 23, United States Code); 
                and
                  (B) for which obligation authority was provided in a 
                previous fiscal year;
          (3) shall determine the proportion that--
                  (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2) of this 
                subsection; bears to
                  (B) the total of--
                          (i) the sums authorized to be appropriated 
                        for the Federal-aid highway and highway safety 
                        construction programs, other than sums 
                        authorized to be appropriated for--
                                  (I) provisions of law described in 
                                paragraphs (1) through (13) of 
                                subsection (b);
                                  (II) section 203 of title 23, United 
                                States Code, equal to the amount 
                                referred to in subsection (b)(14) for 
                                the fiscal year; and
                                  (III) section 133(d)(1)(B) of title 
                                23, United States Code, equal to the 
                                amount referred to in subsection 
                                (b)(15) for the fiscal year; less
                          (ii) the aggregate of the amounts not 
                        distributed under paragraphs (1) and (2) of 
                        this subsection;
          (4) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2), for each of the programs (other 
        than programs to which paragraph (1) applies) that are 
        allocated by the Secretary under this Act and title 23, United 
        States Code, or apportioned by the Secretary under section 202 
        or 204 of such title, by multiplying--
                  (A) the proportion determined under paragraph (3); by
                  (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
          (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the surface transportation program in section 
        133(d)(1)(B) of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(15) and the amounts 
        apportioned under sections 202 and 204 of such title) in the 
        proportion that--
                  (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears 
                to
                  (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                the fiscal year.
  (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary of Transportation shall, after August 1 
of each of fiscal years 2023 through 2026--
          (1) revise a distribution of the obligation authority made 
        available under subsection (c) if an amount distributed cannot 
        be obligated during that fiscal year; and
          (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under section 
        104 of title 23, United States Code.
  (e) Special Limitation.--
          (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for--
                  (A) transportation research programs carried out 
                under chapter 5 of title 23, United States Code, and 
                title V of this Act; and
                  (B) the metro performance program under section 1305 
                of this Act.
          (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                  (A) remain available for a period of 4 fiscal years; 
                and
                  (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.
  (f) Lop-Off.--
          (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (c) for 
        each of fiscal years 2023 through 2026, the Secretary of 
        Transportation shall distribute to the States any funds that--
                  (A) are authorized to be appropriated for the fiscal 
                year for Federal-aid highway programs; and
                  (B) the Secretary determines will not be allocated to 
                the States (or will not be apportioned to the States 
                under section 204 of title 23, United States Code), and 
                will not be available for obligation, for the fiscal 
                year because of the imposition of any obligation 
                limitation for the fiscal year.
          (2) Ratio.--Funds shall be distributed under paragraph (1) in 
        the same proportion as the distribution of obligation authority 
        under subsection (c)(5).
          (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.

SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.

  Section 101 of title 23, United States Code, is amended--
          (1) in subsection (a)--
                  (A) by redesignating paragraphs (1), (2), (3), (4), 
                (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), 
                (15), (16), (17), (18), (19), (20), (21), (22), (23), 
                (24), (25), (26), (27), (28), (29), (30), (31), (32), 
                (33), and (34) as paragraphs (2), (4), (5), (7), (9), 
                (11), (12), (13), (14), (15), (17), (18), (19), (20), 
                (21), (22), (24), (25), (26), (27), (29), (30), (33), 
                (34), (35), (36), (37), (38), (39), (43), (44), (45), 
                (46), and (47), respectively;
                  (B) by inserting before paragraph (2), as so 
                redesignated, the following:
          ``(1) Adaptation.--The term `adaptation' means an adjustment 
        in natural or human systems in anticipation of, or in response 
        to, a changing environment in a way that moderates negative 
        effects of extreme events or climate change.'';
                  (C) by inserting before paragraph (4), as so 
                redesignated, the following:
          ``(3) Areas of persistent poverty.--The term `areas of 
        persistent poverty' means--
                  ``(A) any county that has had 20 percent or more of 
                the population of such county living in poverty over 
                the past 30 years, as measured by the 1990 and 2000 
                decennial censuses and the most recent Small Area 
                Income and Poverty Estimates;
                  ``(B) any census tract with a poverty rate of at 
                least 20 percent, as measured by the most recent 5-year 
                data series available from the American Community 
                Survey of the Bureau of the Census for all States and 
                Puerto Rico; or
                  ``(C) any other territory or possession of the United 
                States that has had 20 percent or more of its 
                population living in poverty over the past 30 years, as 
                measured by the 1990, 2000, and 2010 decennial 
                censuses, or equivalent data, of the Bureau of the 
                Census.''.
                  (D) by inserting after paragraph (5), as so 
                redesignated, the following:
          ``(6) Climate change.--The term `climate change' means any 
        significant change in the measures of climate lasting for an 
        extended period of time, and may include major changes in 
        temperature, precipitation, wind patterns, or sea level, among 
        others, that occur over several decades or longer.'';
                  (E) in paragraph (7)(A), as so redesignated, by 
                inserting ``assessing resilience,'' after 
                ``surveying,'';
                  (F) by inserting after paragraph (7), as so 
                redesignated, the following:
          ``(8) Context sensitive design principles.--The term `context 
        sensitive design principles' means principles for the design of 
        a public road that--
                  ``(A) provides for the safe and adequate 
                accommodation, in all phases of project planning, 
                design, and development, transportation facilities for 
                users, including pedestrians, bicyclists, public 
                transportation users, children, older individuals, 
                individuals with disabilities, motorists, and freight 
                vehicles; and
                  ``(B) considers the context in which the facility is 
                planned to be constructed to determine the appropriate 
                facility design.'';
                  (G) by inserting after paragraph (9), as so 
                redesignated, the following:
          ``(10) Evacuation route.--The term `evacuation route' means a 
        transportation route or system that--
                  ``(A) is used to transport--
                          ``(i) the public away from an emergency 
                        event; or
                          ``(ii) first responders and recovery 
                        resources in the event of an emergency; and
                  ``(B) is identified, consistent with sections 
                134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the 
                eligible entity with jurisdiction over the area in 
                which the route is located for the purposes described 
                in subparagraph (A).'';
                  (H) by inserting after paragraph (15), as so 
                redesignated, the following:
          ``(16) Greenhouse gas.--The term `greenhouse gas' has the 
        meaning given the term in section 211(o)(1)(G) of the Clean Air 
        Act (42 U.S.C. 7545(o)(1)(G)).'';
                  (I) by inserting after paragraph (21), as so 
                redesignated, the following:
          ``(23) Natural infrastructure.--
                  ``(A) In general.--The term `natural infrastructure' 
                means infrastructure that uses, restores, or emulates 
                natural ecological processes that--
                          ``(i) is created through the action of 
                        natural physical, geological, biological, and 
                        chemical processes over time;
                          ``(ii) is created by human design, 
                        engineering, and construction to emulate or act 
                        in concert with natural processes; or
                          ``(iii) involves the use of plants, soils, 
                        and other natural features, including through 
                        the creation, restoration, or preservation of 
                        vegetated areas using materials appropriate to 
                        the region to manage stormwater and runoff, to 
                        attenuate flooding and storm surges, and for 
                        other related purposes.
                  ``(B) Inclusion.--The term `natural infrastructure' 
                includes green infrastructure and nature-based 
                solutions.'';
                  (J) by inserting after paragraph (27), as so 
                redesignated, the following:
          ``(28) Protective feature.--
                  ``(A) In general.--The term `protective feature' 
                means an improvement to a highway, bridge, or other 
                transportation facility designed to increase resilience 
                or mitigate the risk of recurring damage or the cost of 
                future repairs from climate change effects (including 
                sea level rise), flooding, and extreme events or other 
                natural disasters (including wildfires, seismic 
                activity, and landslides).
                  ``(B) Inclusions.--The term `protective feature' 
                includes--
                          ``(i) raising roadway grades;
                          ``(ii) relocating roadways to higher ground 
                        above projected flood elevation levels or away 
                        from slide prone areas;
                          ``(iii) stabilizing slide areas;
                          ``(iv) stabilizing slopes;
                          ``(v) lengthening or raising bridges to 
                        increase waterway openings;
                          ``(vi) increasing the size or number of 
                        drainage structures;
                          ``(vii) replacing culverts with bridges or 
                        upsizing culverts;
                          ``(viii) installing seismic retrofits on 
                        bridges;
                          ``(ix) scour, stream stability, coastal, and 
                        other hydraulic countermeasures;
                          ``(x) the use of natural infrastructure;
                          ``(xi) integration of the use of traditional 
                        and natural infrastructure features;
                          ``(xii) undergrounding public utilities in 
                        the course of other infrastructure improvements 
                        eligible under this title; and
                          ``(xiii) permeable pavements for stormwater 
                        management.'';
                  (K) by inserting after paragraph (30), as so 
                redesignated, the following:
          ``(31) Repeatedly damaged facility.--The term `repeatedly 
        damaged facility' means a road, highway, or bridge that has 
        required repair and reconstruction activities on 2 or more 
        occasions due to natural disasters or catastrophic failures 
        resulting in emergencies declared by the Governor of the State 
        in which the road, highway, or bridge is located or emergencies 
        or major disasters declared by the President under the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.).
          ``(32) Resilience.--
                  ``(A) In general.--The term `resilience' means, with 
                respect to a facility, the ability to--
                          ``(i) anticipate, prepare for, or adapt to 
                        conditions; or
                          ``(ii) withstand, respond to, or recover 
                        rapidly from disruptions.
                  ``(B) Inclusions.--Such term includes, with respect 
                to a facility, the ability to--
                          ``(i) resist hazards or withstand impacts 
                        from disruptions;
                          ``(ii) reduce the magnitude, duration, or 
                        impact of a disruption; or
                          ``(iii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease vulnerability to a disruption.''; and
                  (L) by inserting after paragraph (36), as so 
                redesignated, the following:
          ``(40) Transportation demand management; tdm.--The terms 
        `transportation demand management' and `TDM' mean the use of 
        strategies to inform and encourage travelers to maximize the 
        efficiency of a transportation system leading to improved 
        mobility, reduced congestion, and lower vehicle emissions.
          ``(41) Transportation demand management strategies.--The term 
        `transportation demand management strategies' means the use of 
        planning, programs, policy, marketing, communications, 
        incentives, pricing, data, and technology to shift travel mode, 
        routes used, departure times, number of trips, and location and 
        design work space or public attractions.
          ``(42) Transportation system access.--The term 
        `transportation system access' means the ability to travel by 
        automobile, public transportation, pedestrian, and bicycle 
        networks, measured by travel time, taking into consideration--
                  ``(A) the impacts of the level of travel stress for 
                non-motorized users;
                  ``(B) costs for low-income travelers; and
                  ``(C) the extent to which transportation access is 
                impacted by zoning policies and land use planning 
                practices that effect the affordability, elasticity, 
                and diversity of the housing supply.''; and
          (2) in subsection (b)--
                  (A) in paragraph (1) by striking ``Defense,'' and 
                inserting ``Defense Highways,'';
                  (B) in paragraph (3)--
                          (i) in subparagraph (A) by striking 
                        ``Century'' and inserting ``century'';
                          (ii) in subparagraph (G) by striking ``; 
                        and'' and inserting a semicolon;
                          (iii) in subparagraph (H) by striking 
                        ``Century.'' and inserting ``century;''; and
                          (iv) by adding at the end the following:
                  ``(I) safety is the highest priority of the 
                Department of Transportation, and the Secretary and 
                States should take all actions necessary to meet the 
                transportation needs of the 21st century for all road 
                users;
                  ``(J) climate change presents a significant risk to 
                safety, the economy, and national security, and 
                reducing the contributions of the transportation system 
                to the Nation's total carbon pollution is critical; and
                  ``(K) the Secretary and States should take 
                appropriate measures and ensure investments to increase 
                the resilience of the Nation's transportation 
                system.''; and
                  (C) in paragraph (4)(A) by inserting ``while ensuring 
                that environmental protections are maintained'' after 
                ``review process''.

SEC. 1104. APPORTIONMENT.

  (a) In General.--Section 104 of title 23, United States Code, is 
amended--
          (1) in subsection (a)(1) by striking subparagraphs (A) 
        through (E) and inserting the following:
                  ``(A) $530,000,000 for fiscal year 2023;
                  ``(B) $543,000,000 for fiscal year 2024;
                  ``(C) $557,000,000 for fiscal year 2025; and
                  ``(D) $572,000,000 for fiscal year 2026.'';
          (2) by striking subsections (b) and (c) and inserting the 
        following:
  ``(b) Division Among Programs of State's Share of Base 
Apportionment.--The Secretary shall distribute the amount of the base 
apportionment apportioned to a State for a fiscal year under subsection 
(c) among the covered programs as follows:
          ``(1) National highway performance program.--For the national 
        highway performance program, 55.09 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (6), 
        (7), and (10).
          ``(2) Surface transportation program.--For the surface 
        transportation program, 28.43 percent of the amount remaining 
        after distributing amounts under paragraphs (4), (6), (7), and 
        (10).
          ``(3) Highway safety improvement program.--For the highway 
        safety improvement program, 6.19 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (6), 
        (7), and (10).
          ``(4) Congestion mitigation and air quality improvement 
        program.--
                  ``(A) In general.--For the congestion mitigation and 
                air quality improvement program, an amount determined 
                for the State under subparagraphs (B) and (C).
                  ``(B) Total amount.--The total amount for the 
                congestion mitigation and air quality improvement 
                program for all States shall be--
                          ``(i) $2,913,925,833 for fiscal year 2023;
                          ``(ii) $2,964,919,535 for fiscal year 2024;
                          ``(iii) $3,024,217,926 for fiscal year 2025; 
                        and
                          ``(iv) $3,078,653,849 for fiscal year 2026.
                  ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the amount 
                for the congestion mitigation and air quality 
                improvement program under subparagraph (B) so that each 
                State receives an amount equal to the proportion that--
                          ``(i) the amount apportioned to the State for 
                        the congestion mitigation and air quality 
                        improvement program for fiscal year 2020; bears 
                        to
                          ``(ii) the total amount of funds apportioned 
                        to all States for such program for fiscal year 
                        2020.
          ``(5) National highway freight program.--For the national 
        highway freight program, 3.38 percent of the amount remaining 
        after distributing amounts under paragraphs (4), (6), (7), and 
        (10).
          ``(6) Metropolitan planning.--
                  ``(A) In general.--For metropolitan planning, an 
                amount determined for the State under subparagraphs (B) 
                and (C).
                  ``(B) Total amount.--The total amount for 
                metropolitan planning for all States shall be--
                          ``(i) $507,500,000 for fiscal year 2023;
                          ``(ii) $516,381,250 for fiscal year 2024;
                          ``(iii) $526,708,875 for fiscal year 2025; 
                        and
                          ``(iv) $536,189,635 for fiscal year 2026.
                  ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the amount 
                for metropolitan planning under subparagraph (B) so 
                that each State receives an amount equal to the 
                proportion that--
                          ``(i) the amount apportioned to the State for 
                        metropolitan planning for fiscal year 2020; 
                        bears to
                          ``(ii) the total amount of funds apportioned 
                        to all States for metropolitan planning for 
                        fiscal year 2020.
          ``(7) Railway crossings.--
                  ``(A) In general.--For the railway crossings program, 
                an amount determined for the State under subparagraphs 
                (B) and (C).
                  ``(B) Total amount.--The total amount for the railway 
                crossings program for all States shall be $245,000,000 
                for each of fiscal years 2023 through 2026.
                  ``(C) State share.--
                          ``(i) In general.--For each fiscal year, the 
                        Secretary shall distribute among the States the 
                        amount for the railway crossings program under 
                        subparagraph (B) as follows:
                                  ``(I) 50 percent of the amount for a 
                                fiscal year shall be apportioned to 
                                States by the formula set forth in 
                                section 104(b)(3)(A) (as in effect on 
                                the day before the date of enactment of 
                                MAP-21).
                                  ``(II) 50 percent of the amount for a 
                                fiscal year shall be apportioned to 
                                States in the ratio that total public 
                                railway-highway crossings in each State 
                                bears to the total of such crossings in 
                                all States.
                          ``(ii) Minimum apportionment.--
                        Notwithstanding clause (i), for each fiscal 
                        year, each State shall receive a minimum of 
                        one-half of 1 percent of the total amount for 
                        the railway crossings program for such fiscal 
                        year under subparagraph (B).
          ``(8) Predisaster mitigation program.--For the predisaster 
        mitigation program, 2.96 percent of the amount remaining after 
        distributing amounts under paragraphs (4), (6), (7), and (10).
          ``(9) Carbon pollution reduction program.--For the carbon 
        pollution reduction program, 3.95 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (6), 
        (7), and (10).
          ``(10) Clean corridors.--
                  ``(A) In general.--For the clean corridors program, 
                an amount determined for the State under subparagraphs 
                (B) and (C).
                  ``(B) Total amount.--The total amount for the clean 
                corridors program for all States shall be 
                $1,000,000,000 for each of fiscal years 2023 through 
                2026.
                  ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the total 
                amount for the clean corridors program under 
                subparagraph (B) so that each State receives the amount 
                equal to the proportion that--
                          ``(i) the total base apportionment determined 
                        for the State under subsection (c); bears to
                          ``(ii) the total base apportionments for all 
                        States under subsection (c).
  ``(c) Calculation of Amounts.--
          ``(1) State share.--For each of fiscal years 2023 through 
        2026, the amount for each State shall be determined as follows:
                  ``(A) Initial amounts.--The initial amounts for each 
                State shall be determined by multiplying--
                          ``(i) each of--
                                  ``(I) the base apportionment; and
                                  ``(II) supplemental funds reserved 
                                under subsection (h)(1) for the highway 
                                safety improvement program; by
                          ``(ii) the share for each State, which shall 
                        be equal to the proportion that--
                                  ``(I) the amount of apportionments 
                                that the State received for fiscal year 
                                2020; bears to
                                  ``(II) the amount of those 
                                apportionments received by all States 
                                for fiscal year 2020.
                  ``(B) Adjustments to amounts.--The initial amounts 
                resulting from the calculation under subparagraph (A) 
                shall be adjusted to ensure that each State receives an 
                aggregate apportionment equal to at least 95 percent of 
                the estimated tax payments attributable to highway 
                users in the State paid into the Highway Trust Fund 
                (other than the Mass Transit Account) in the most 
                recent fiscal year for which data are available.
          ``(2) State apportionment.--On October 1 of fiscal years 2023 
        through 2026, the Secretary shall apportion the sums authorized 
        to be appropriated for expenditure on the covered programs in 
        accordance with paragraph (1).'';
          (3) in subsection (d)(1)(A)--
                  (A) in clause (i) by striking ``paragraphs (5)(D) and 
                (6) of subsection (b)'' and inserting ``subsection 
                (b)(6)''; and
                  (B) in clause (ii) by striking ``paragraphs (5)(D) 
                and (6) of subsection (b)'' and inserting ``subsection 
                (b)(6)''; and
          (4) by striking subsections (h) and (i) and inserting the 
        following:
  ``(h) Supplemental Funds.--
          ``(1) Amount.--Before making an apportionment for a fiscal 
        year under subsection (c), the Secretary shall reserve for the 
        highway safety improvement program under section 148 
        $500,000,000 for each of fiscal years 2023 through 2026 for the 
        purpose of the safe streets set-aside under section 148(m).
          ``(2) Treatment of funds.--Funds reserved under paragraph (1) 
        and apportioned to a State under subsection (c) shall be 
        treated as if apportioned under subsection (b)(3), and shall be 
        in addition to amounts apportioned under such subsection.
  ``(i) Definitions.--In this section:
          ``(1) Base apportionment.--The term `base apportionment' 
        means--
                  ``(A) the combined amount authorized for the covered 
                programs; minus
                  ``(B) the supplemental funds reserved under 
                subsection (h) for the highway safety improvement 
                program.
          ``(2) Covered programs.--The term `covered programs' means--
                  ``(A) the national highway performance program under 
                section 119;
                  ``(B) the surface transportation program under 
                section 133;
                  ``(C) the highway safety improvement program under 
                section 148;
                  ``(D) the congestion mitigation and air quality 
                improvement program under section 149;
                  ``(E) the national highway freight program under 
                section 167;
                  ``(F) metropolitan planning under section 134;
                  ``(G) the railway crossings program under section 
                130;
                  ``(H) the predisaster mitigation program under 
                section 124;
                  ``(I) the carbon pollution reduction program under 
                section 171; and
                  ``(J) the clean corridors program under section 
                151.''.
  (b) Federal Share Payable.--Section 120(c)(3) of title 23, United 
States Code, is amended--
          (1) in subparagraph (A) by striking ``(5)(D),''; and
          (2) in subparagraph (C)(i) by striking ``(5)(D),''.
  (c) Metropolitan Transportation Planning; Title 23.--Section 134(p) 
of title 23, United States Code, is amended by striking ``paragraphs 
(5)(D) and (6) of section 104(b)'' and inserting ``section 104(b)(6)''.
  (d) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(i) of title 23, United States Code, is amended by striking 
``paragraphs (5)(D) and (6) of section 104(b)'' and inserting ``section 
104(b)(6)''.
  (e) Metropolitan Transportation Planning; Title 49.--Section 5303(p) 
of title 49, United States Code, is amended by striking ``section 
104(b)(5)'' and inserting ``section 104(b)(6)''.

SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

  Section 105 of title 23, United States Code, is amended--
          (1) in subsection (a) by striking ``FAST Act'' and inserting 
        ``INVEST in America Act'';
          (2) in subsection (c)--
                  (A) in paragraph (1)(A) by striking ``to be 
                appropriated'' each place it appears; and
                  (B) by adding at the end the following:
          ``(4) Special rule.--
                  ``(A) Adjustment.--In making an adjustment under 
                paragraph (1) for an allocation, reservation, or set-
                aside from an amount authorized from the Highway 
                Account or Mass Transit Account described in 
                subparagraph (B), the Secretary shall--
                          ``(i) determine the ratio that--
                                  ``(I) the amount authorized to be 
                                appropriated for the allocation, 
                                reservation, or set-aside from the 
                                account for the fiscal year; bears to
                                  ``(II) the total amount authorized to 
                                be appropriated for such fiscal year 
                                for all programs under such account;
                          ``(ii) multiply the ratio determined under 
                        clause (i) by the amount of the adjustment 
                        determined under subsection (b)(1)(B); and
                          ``(iii) adjust the amount that the Secretary 
                        would have allocated for the allocation, 
                        reservation, or set-aside for such fiscal year 
                        but for this section by the amount calculated 
                        under clause (ii).
                  ``(B) Allocations, reservations, and set-asides.--The 
                allocations, reservations, and set-asides described in 
                this subparagraph are--
                          ``(i) from the amount made available for a 
                        fiscal year for the Federal lands 
                        transportation program under section 203, the 
                        amounts allocated for a fiscal year for the 
                        National Park Service, the United States Fish 
                        and Wildlife Service, the United States Forest 
                        Service, the Corps of Engineers, the Bureau of 
                        Land Management, the Bureau of Reclamation, and 
                        independent Federal agencies with natural 
                        resource and land management responsibilities;
                          ``(ii) the amount made available for the 
                        Puerto Rico highway program under section 
                        165(a)(1);
                          ``(iii) the amount made available for the 
                        territorial highway program under section 
                        165(a)(2);
                          ``(iv) from the amounts made available for a 
                        fiscal year for the urbanized areas formula 
                        grants under section 5307 of title 49, the 
                        amounts allocated for a fiscal year for the 
                        passenger ferry grant program under section 
                        5307(h) of such title;
                          ``(v) from the amounts made available for a 
                        fiscal year for the formula grants for rural 
                        areas under section 5311 of such title, the 
                        amounts allocated for a fiscal year for public 
                        transportation on Indian reservations;
                          ``(vi) from the amounts made available for a 
                        fiscal year for the public transportation 
                        innovation program under section 5312 of such 
                        title--
                                  ``(I) the amounts allocated for the 
                                zero emission vehicle component 
                                assessment under section 5312(h) of 
                                such title; and
                                  ``(II) the amounts allocated for the 
                                transit cooperative research program 
                                under section 5312(i) of such title;
                          ``(vii) from the amounts made available for a 
                        fiscal year for the technical assistance and 
                        workforce development program of section 5314 
                        of such title, the amounts allocated for the 
                        national transit institute under section 
                        5314(c) of such title;
                          ``(viii) from the amounts made available for 
                        a fiscal year for the bus and bus facilities 
                        program under section 5339 of such title, the 
                        amounts allocated for a fiscal year for the 
                        zero emission grants under section 5339(c) of 
                        such title;
                          ``(ix) the amounts made available for growing 
                        States under section 5340(c) of such title; and
                          ``(x) the amounts made available for high 
                        density states under section 5340(d) of such 
                        title.'';
          (3) in subsection (d) by inserting ``and section 5324 of 
        title 49'' after ``section 125'';
          (4) in subsection (e)--
                  (A) by striking ``There is authorized'' and inserting 
                ``For fiscal year 2023 and each fiscal year thereafter, 
                there is authorized''; and
                  (B) by striking ``for any of fiscal years 2017 
                through 2020''; and
          (5) in subsection (f)(1) by striking ``section 1102 or 3018 
        of the FAST Act'' and inserting ``any other provision of law''.

SEC. 1106. TRANSPARENCY.

  (a) Apportionment.--Section 104 of title 23, United States Code, is 
amended by striking subsection (g) and inserting the following:
  ``(g) Highway Trust Fund Transparency and Accountability Reports.--
          ``(1) Requirement.--
                  ``(A) In general.--The Secretary shall compile data 
                in accordance with this subsection on the use of 
                Federal-aid highway funds made available under this 
                title.
                  ``(B) User friendly data.--The data compiled under 
                subparagraph (A) shall be in a user friendly format 
                that can be searched, downloaded, disaggregated, and 
                filtered by data category.
          ``(2) Project data.--
                  ``(A) In general.--Not later than 120 days after the 
                end of each fiscal year, the Secretary shall make 
                available on the website of the Department of 
                Transportation a report that describes--
                          ``(i) the location of each active project 
                        within each State during such fiscal year, 
                        including in which congressional district or 
                        districts such project is located;
                          ``(ii) the total cost of such project;
                          ``(iii) the amount of Federal funding 
                        obligated for such project;
                          ``(iv) the program or programs from which 
                        Federal funds have been obligated for such 
                        project;
                          ``(v) whether such project is located in an 
                        area of the State with a population of--
                                  ``(I) less than 5,000 individuals;
                                  ``(II) 5,000 or more individuals but 
                                less than 50,000 individuals;
                                  ``(III) 50,000 or more individuals 
                                but less than 200,001 individuals; or
                                  ``(IV) greater than 200,000 
                                individuals;
                          ``(vi) whether such project is located in an 
                        area of persistent poverty;
                          ``(vii) the type of improvement being made by 
                        such project, including categorizing such 
                        project as--
                                  ``(I) a road reconstruction project;
                                  ``(II) a new road construction 
                                project;
                                  ``(III) a new bridge construction 
                                project;
                                  ``(IV) a bridge rehabilitation 
                                project; or
                                  ``(V) a bridge replacement project; 
                                and
                          ``(viii) the functional classification of the 
                        roadway on which such project is located.
                  ``(B) Interactive map.--In addition to the data made 
                available under subparagraph (A), the Secretary shall 
                make available on the website of the Department of 
                Transportation an interactive map that displays, for 
                each active project, the information described in 
                clauses (i) through (v) of subparagraph (A).
          ``(3) State data.--
                  ``(A) Apportioned and allocated programs.--The 
                website described in paragraph (2)(A) shall be updated 
                annually to display the Federal-aid highway funds 
                apportioned and allocated to each State under this 
                title, including--
                          ``(i) the amount of funding available for 
                        obligation by the State, including prior 
                        unobligated balances, at the start of the 
                        fiscal year;
                          ``(ii) the amount of funding obligated by the 
                        State during such fiscal year;
                          ``(iii) the amount of funding remaining 
                        available for obligation by the State at the 
                        end of such fiscal year; and
                          ``(iv) changes in the obligated, unexpended 
                        balance for the State.
                  ``(B) Programmatic data.--The data described in 
                subparagraph (A) shall include--
                          ``(i) the amount of funding by each 
                        apportioned and allocated program for which the 
                        State received funding under this title;
                          ``(ii) the amount of funding transferred 
                        between programs by the State during the fiscal 
                        year using the authority provided under section 
                        126; and
                          ``(iii) the amount and program category of 
                        Federal funds exchanged as described in section 
                        106(g)(6).
          ``(4) Definitions.--In this subsection:
                  ``(A) Active project.--
                          ``(i) In general.--The term `active project' 
                        means a Federal-aid highway project using funds 
                        made available under this title on which those 
                        funds were obligated or expended during the 
                        fiscal year for which the estimated total cost 
                        as of the start of construction is greater than 
                        $5,000,000.
                          ``(ii) Exclusion.--The term `active project' 
                        does not include any project for which funds 
                        are transferred to agencies other than the 
                        Federal Highway Administration.
                  ``(B) Interactive map.--The term `interactive map' 
                means a map displayed on the public website of the 
                Department of Transportation that allows a user to 
                select and view information for each active project, 
                State, and congressional district.
                  ``(C) State.--The term `State' means any of the 50 
                States or the District of Columbia.''.
  (b) Project Approval and Oversight.--Section 106 of title 23, United 
States Code, is amended--
          (1) in subsection (g)--
                  (A) in paragraph (4) by striking subparagraph (B) and 
                inserting the following:
                  ``(B) Assistance to states.--The Secretary shall--
                          ``(i) develop criteria for States to use to 
                        make the determination required under 
                        subparagraph (A); and
                          ``(ii) provide training, guidance, and other 
                        assistance to States and subrecipients as 
                        needed to ensure that projects administered by 
                        subrecipients comply with the requirements of 
                        this title.
                  ``(C) Periodic review.--The Secretary shall review, 
                not less frequently than every 2 years, the monitoring 
                of subrecipients by the States.''; and
                  (B) by adding at the end the following:
          ``(6) Federal funding exchange programs.--
                  ``(A) In general.--If a State allows a subrecipient 
                to exchange Federal funds provided under this title 
                that are allocated to such subrecipient for State or 
                local funds, the State must certify to the Secretary 
                that the State--
                          ``(i) has prevailing wage requirements that 
                        are comparable to the requirements under 
                        section 113 that apply to the use of such State 
                        or local funds; and
                          ``(ii) shall ensure that the prevailing wage 
                        requirements described in clause (i) apply to 
                        the use of such State or local funds.
                  ``(B) Applicability.--The requirements of this 
                paragraph shall apply only if the requirements of 
                section 113 would be applicable to a covered project if 
                such project was carried out using Federal funds.
                  ``(C) Covered project defined.--In this paragraph, 
                the term `covered project' means a project carried out 
                with exchanged State or local funds as described in 
                subparagraph (A).'';
          (2) in subsection (h)(3)--
                  (A) in subparagraph (B) by striking ``, as determined 
                by the Secretary,''; and
                  (B) in subparagraph (D) by striking ``shall assess'' 
                and inserting ``in the case of a project proposed to be 
                advanced as a public-private partnership, shall include 
                a detailed value for money analysis or comparable 
                analysis to determine''; and
          (3) by adding at the end the following:
  ``(k) Megaprojects.--
          ``(1) Comprehensive risk management plan.--To be authorized 
        for the construction of a megaproject, the recipient of Federal 
        financial assistance under this title for such megaproject 
        shall submit to the Secretary a comprehensive risk management 
        plan that contains--
                  ``(A) a description of the process by which the 
                recipient will identify, quantify, and monitor the 
                risks, including natural hazards, that might result in 
                cost overruns, project delays, reduced construction 
                quality, or reductions in benefits with respect to the 
                megaproject;
                  ``(B) examples of mechanisms the recipient will use 
                to track risks identified pursuant to subparagraph (A);
                  ``(C) a plan to control such risks; and
                  ``(D) such assurances as the Secretary determines 
                appropriate that the recipient shall, with respect to 
                the megaproject--
                          ``(i) regularly submit to the Secretary 
                        updated cost estimates; and
                          ``(ii) maintain and regularly reassess 
                        financial reserves for addressing known and 
                        unknown risks.
          ``(2) Peer review group.--
                  ``(A) In general.--Not later than 90 days after the 
                date on which a megaproject is authorized for 
                construction, the recipient of Federal financial 
                assistance under this title for such megaproject shall 
                establish a peer review group for such megaproject that 
                consists of at least 5 individuals (including at least 
                1 individual with project management experience) to 
                give expert advice on the scientific, technical, and 
                project management aspects of the megaproject.
                  ``(B) Membership.--
                          ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this subsection, 
                        the Secretary shall establish guidelines 
                        describing how a recipient described in 
                        subparagraph (A) shall--
                                  ``(I) recruit and select members for 
                                a peer review group established under 
                                such subparagraph; and
                                  ``(II) make publicly available the 
                                criteria for such selection and 
                                identify the members so selected.
                          ``(ii) Conflict of interest.--No member of a 
                        peer review group for a megaproject may have a 
                        direct or indirect financial interest in such 
                        megaproject.
                  ``(C) Tasks.--A peer review group established under 
                subparagraph (A) by a recipient of Federal financial 
                assistance for a megaproject shall--
                          ``(i) meet annually until completion of the 
                        megaproject;
                          ``(ii) not later than 90 days after the date 
                        of the establishment of the peer review group 
                        and not later than 90 days after the date of 
                        any significant change, as determined by the 
                        Secretary, to the scope, schedule, or budget of 
                        the megaproject, review the scope, schedule, 
                        and budget of the megaproject, including 
                        planning, engineering, financing, and any other 
                        elements determined appropriate by the 
                        Secretary; and
                          ``(iii) submit to the Secretary, Congress, 
                        and such recipient a report on the findings of 
                        each review under clause (ii).
          ``(3) Transparency.--Not later than 90 days after the 
        submission of a report under paragraph (2)(C)(iii), the 
        Secretary shall publish on the website of the Department of 
        Transportation such report.
          ``(4) Megaproject defined.--In this subsection, the term 
        `megaproject' means a project under this title that has an 
        estimated total cost of $2,000,000,000 or more, and such other 
        projects as may be identified by the Secretary.
  ``(l) Special Experimental Projects.--
          ``(1) Public availability.--The Secretary shall publish on 
        the website of the Department of Transportation a copy of all 
        letters of interest, proposals, workplans, and reports related 
        to the special experimental project authority pursuant to 
        section 502(b). The Secretary shall redact confidential 
        business information, as necessary, from any such information 
        published.
          ``(2) Notification.--Not later than 3 days before making a 
        determination to proceed with an experiment under a letter of 
        interest described in paragraph (1), the Secretary shall 
        provide notification and a description of the proposed 
        experiment to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate.
          ``(3) Report to congress.--Not later than 2 years after the 
        date of enactment of the INVEST in America Act, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report that includes--
                  ``(A) a summary of each experiment described in this 
                subsection carried out over the previous 5 years; and
                  ``(B) legislative recommendations, if any, based on 
                the findings of such experiments.
  ``(m) Competitive Grant Program Oversight and Accountability.--
          ``(1) In general.--To ensure the accountability and oversight 
        of the discretionary grant selection process administered by 
        the Secretary, a covered program shall be subject to the 
        requirements of this section, in addition to the requirements 
        applicable to each covered program.
          ``(2) Application process.--The Secretary shall--
                  ``(A) develop a template for applicants to use to 
                summarize--
                          ``(i) project needs and benefits; and
                          ``(ii) any factors, requirements, or 
                        considerations established for the applicable 
                        covered program;
                  ``(B) create a data driven process to evaluate, as 
                set forth in the covered program, each eligible project 
                for which an application is received; and
                  ``(C) make a determination, based on the evaluation 
                made pursuant to subparagraph (B), on any ratings, 
                rankings, scores, or similar metrics for applications 
                made to the covered program.
          ``(3) Notification of congress.--Not less than 15 days before 
        making a grant for a covered program, the Secretary shall 
        notify, in writing, the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on the Environment and Public Works of the Senate 
        of--
                  ``(A) the amount for each project proposed to be 
                selected;
                  ``(B) a description of the review process;
                  ``(C) for each application, the determination made 
                under paragraph (2)(C); and
                  ``(D) a detailed explanation of the basis for each 
                award proposed to be selected.
          ``(4) Notification of applicants.--Not later than 30 days 
        after making a grant for a project under a covered program, the 
        Secretary shall send to all applicants under such covered 
        program, and publish on the website of the Department of 
        Transportation--
                  ``(A) a summary of each application made to the 
                covered program for the given round of funding; and
                  ``(B) the evaluation and justification for the 
                project selection, including all ratings, rankings, 
                scores, or similar metrics for applications made to the 
                covered program for the given round of funding during 
                each phase of the grant selection process.
          ``(5) Briefing.--The Secretary shall provide, at the request 
        of a grant applicant of a covered program, the opportunity to 
        receive a briefing to explain any reasons the grant applicant 
        was not awarded a grant.
          ``(6) Template.--The Secretary shall, to the extent 
        practicable, develop a template as described in paragraph 
        (2)(A) for any discretionary program administered by the 
        Secretary that is not a covered program.
          ``(7) Covered program defined.--The term `covered program' 
        means each of the following discretionary grant programs:
                  ``(A) Community climate innovation grants under 
                section 172.
                  ``(B) Federal lands and tribal major projects grants 
                under section 208.
                  ``(C) Mobility through advanced technologies grants 
                under section 503(c)(4).
                  ``(D) Rebuild rural bridges program under section 
                1307 of the INVEST in America Act.
                  ``(E) Parking for commercial motor vehicle grants 
                under section 1308 of the INVEST in America Act.
                  ``(F) Active connected transportation grants under 
                section 1309 of the INVEST in America Act.
                  ``(G) Wildlife crossings grants under section 1310 of 
                the INVEST in America Act.
                  ``(H) Reconnecting neighborhoods capital construction 
                grants under section 1311(d) of the INVEST in America 
                Act.''.
  (c) Division Office Consistency.--Not later than 1 year after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report that--
          (1) analyzes the consistency of determinations among division 
        offices of the Federal Highway Administration; and
          (2) makes recommendations to improve the consistency of such 
        determinations.
  (d) Improving Risk Based Stewardship and Oversight.--Not later than 
180 days after the date of enactment of this Act, the Administrator of 
the Federal Highway Administration shall reference U.S. DOT Office of 
Inspector General Report No. ST2020035 and take the following actions, 
as necessary, to improve the risk based stewardship and oversight of 
the Federal Highway Administration:
          (1) Update and implement Federal Highway Administration 
        guidance for risk-based project involvement to clarify the 
        requirements for its project risk-assessment process, including 
        expectations for conducting and documenting the risk assessment 
        and criteria to guide the reevaluation of project risks.
          (2) Identify and notify division offices of the Federal 
        Highway Administration about sources of information that can 
        inform the project risk-assessment process.
          (3) Update and implement Federal Highway Administration 
        guidance for risk-based project involvement to clarify how the 
        link between elevated risks and associated oversight 
        activities, changes to oversight actions, and the results of 
        its risk-based involvement should be documented in project 
        oversight plans.
          (4) Develop and implement a process to routinely monitor the 
        implementation and evaluate the effectiveness of Federal 
        Highway Administration risk-based project involvement.

SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET DESIGN.

  (a) Standards.--Section 109 of title 23, United States Code, is 
amended--
          (1) in subsection (a)--
                  (A) in paragraph (1) by striking ``planned future 
                traffic of the highway in a manner that is conducive 
                to'' and inserting ``future operational performance of 
                the facility in a manner that enhances''; and
                  (B) in paragraph (2) by inserting ``, taking into 
                consideration context sensitive design principles'' 
                after ``each locality'';
          (2) in subsection (b)--
                  (A) by striking ``The geometric'' and inserting 
                ``Design Criteria for the Interstate System.--The 
                geometric''; and
                  (B) by striking ``the types and volumes of traffic 
                anticipated for such project for the twenty-year period 
                commencing on the date of approval by the Secretary, 
                under section 106 of this title, of the plans, 
                specifications, and estimates for actual construction 
                of such project'' and inserting ``the existing and 
                future operational performance of the facility'';
          (3) in subsection (c)(1)--
                  (A) in subparagraph (C) by striking ``; and'' and 
                inserting a semicolon;
                  (B) in subparagraph (D) by striking the period and 
                inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(E) context sensitive design principles.'';
          (4) by striking subsection (o) and inserting the following:
  ``(o) Compliance With State Laws for Non-NHS Projects.--
          ``(1) In general.--Projects (other than highway projects on 
        the National Highway System) shall--
                  ``(A) be designed, constructed, operated, and 
                maintained in accordance with State laws, regulations, 
                directives, safety standards, design standards, and 
                construction standards; and
                  ``(B) take into consideration context sensitive 
                design principles.
          ``(2) Design flexibility.--
                  ``(A) In general.--
                          ``(i) In general.--A local jurisdiction may 
                        select the most appropriate design publication 
                        for the roadway context in which the local 
                        jurisdiction is located for the design of a 
                        project on a roadway (other than a highway on 
                        the National Highway System) if--
                                  ``(I) the local jurisdiction provides 
                                notification and justification of the 
                                use of such design publication to any 
                                State in which the project is located; 
                                and
                                  ``(II) the design complies with all 
                                other applicable Federal and State 
                                laws.
                          ``(ii) Review.--If a State rejects a local 
                        jurisdiction's selection of a design 
                        publication under this subparagraph, the local 
                        jurisdiction may submit notification and 
                        justification of such use to the Secretary. The 
                        Secretary shall make a determination to approve 
                        or deny such submission not later than 90 days 
                        after receiving such submission.
                  ``(B) State-owned roads.--In the case of a roadway 
                under the ownership of the State, the local 
                jurisdiction may select the most appropriate design 
                publication only with the concurrence of the State.
                  ``(C) Programmatic basis.--The Secretary may consider 
                the use of a design publication under this paragraph on 
                a programmatic basis.''; and
          (5) by adding at the end the following:
  ``(s) Context Sensitive Design.--
          ``(1) Context sensitive design principles.--The Secretary 
        shall consult with State and local officials prior to approving 
        any roadway design publications under this section to ensure 
        that the design publications provide adequate flexibility for a 
        project sponsor to select the appropriate design of a roadway, 
        consistent with context sensitive design principles.
          ``(2) Policies or procedures.--
                  ``(A) In general.--Not later than 1 year after the 
                Secretary publishes the final guidance described in 
                paragraph (3), each State shall adopt policies or 
                procedures to evaluate the context of a proposed 
                roadway and select the appropriate design, consistent 
                with context sensitive design principles.
                  ``(B) Local governments.--The Secretary and States 
                shall encourage local governments to adopt policies or 
                procedures described under subparagraph (A).
                  ``(C) Considerations.--The policies or procedures 
                developed under this paragraph shall take into 
                consideration the guidance developed by the Secretary 
                under paragraph (3).
          ``(3) Guidance.--
                  ``(A) In general.--
                          ``(i) Notice.--Not later than 1 year after 
                        the date of enactment of this subsection, the 
                        Secretary shall publish guidance on the 
                        official website of the Department of 
                        Transportation on context sensitive design.
                          ``(ii) Public review and comment.--The 
                        guidance described in this paragraph shall be 
                        finalized following an opportunity for public 
                        review and comment.
                          ``(iii) Update.--The Secretary shall 
                        periodically update the guidance described in 
                        this paragraph, including the model policies or 
                        procedures described under subparagraph (B)(v).
                  ``(B) Contents.--The guidance described in this 
                paragraph shall--
                          ``(i) provide best practices for States, 
                        metropolitan planning organizations, regional 
                        transportation planning organizations, local 
                        governments, or other project sponsors to 
                        implement context sensitive design principles;
                          ``(ii) identify opportunities to modify 
                        planning, scoping, design, and development 
                        procedures to more effectively combine modes of 
                        transportation into integrated facilities that 
                        meet the needs of each of such modes of 
                        transportation in an appropriate balance;
                          ``(iii) identify metrics to assess the 
                        context of the facility, including surrounding 
                        land use or roadside characteristics;
                          ``(iv) assess the expected operational and 
                        safety performance of facility design; and
                          ``(v) establish model policies or procedures, 
                        consistent with the findings of such guidance, 
                        for a State or other project sponsor to 
                        evaluate the context of a proposed facility and 
                        select the appropriate facility design for the 
                        context.
                  ``(C) Topics of emphasis.--In addition to the 
                contents in subparagraph (B), the guidance shall 
                emphasize--
                          ``(i) procedures for identifying the needs of 
                        users of all ages and abilities of a particular 
                        roadway;
                          ``(ii) procedures for identifying the types 
                        and designs of facilities needed to serve 
                        various modes of transportation;
                          ``(iii) safety and other benefits provided by 
                        carrying out context sensitive design 
                        principles;
                          ``(iv) common barriers to carrying out 
                        context sensitive design principles;
                          ``(v) procedures for overcoming the most 
                        common barriers to carrying out context 
                        sensitive design principles;
                          ``(vi) procedures for identifying the costs 
                        associated with carrying out context sensitive 
                        design principles;
                          ``(vii) procedures for maximizing local 
                        cooperation in the introduction of context 
                        sensitive design principles and carrying out 
                        those principles; and
                          ``(viii) procedures for assessing and 
                        modifying the facilities and operational 
                        characteristics of existing roadways to improve 
                        consistency with context sensitive design 
                        principles.
          ``(4) Funding.--Amounts made available under sections 
        104(b)(6) and 505 of this title may be used for States, local 
        governments, metropolitan planning organizations, or regional 
        transportation planning organizations to adopt policies or 
        procedures to evaluate the context of a proposed roadway and 
        select the appropriate design, consistent with context 
        sensitive design principles.''.
  (b) Conforming Amendment.--Section 1404(b) of the FAST Act (23 U.S.C. 
109 note) is repealed.

SEC. 1108. 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 (ix);
          (3) in clause (v) by striking ``or'' at the end; and
          (4) by inserting after clause (v) the following:
                          ``(vi) innovative pavement materials that 
                        demonstrate reductions in--
                                  ``(I) greenhouse gas emissions 
                                through sequestration or innovative 
                                manufacturing processes; or
                                  ``(II) local air pollution, 
                                stormwater runoff, or noise pollution;
                          ``(vii) innovative culvert materials that are 
                        made with recycled content and demonstrate 
                        reductions in greenhouse gas emissions;
                          ``(viii) contractual provisions that provide 
                        safety contingency funds to incorporate safety 
                        enhancements to work zones prior to or during 
                        roadway construction and maintenance 
                        activities; or''.
  (b) Technical Amendment.--Section 107(a)(2) of title 23, United 
States Code, is amended by striking ``subsection (c) of''.

SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

  Section 126(b) of title 23, United States Code, is amended--
          (1) in the heading by inserting ``and Programs'' after ``Set-
        Asides'';
          (2) in paragraph (1) by striking ``and 133(d)(1)(A)'' and 
        inserting ``, 130, 133(d)(1)(A), 133(h), 148(m), 149, 151(f), 
        and 171''; and
          (3) by striking paragraph (2) and inserting the following:
          ``(2) Environmental programs.--With respect to an 
        apportionment under either paragraph (4) or paragraph (9) of 
        section 104(b), and notwithstanding paragraph (1), a State may 
        only transfer not more than 50 percent from the amount of the 
        apportionment of either such paragraph to the apportionment 
        under the other such paragraph in a fiscal year.''.

SEC. 1110. TOLLING.

  (a) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129 of title 
23, United States Code, is amended--
          (1) in subsection (a)--
                  (A) by striking paragraph (1) and inserting the 
                following:
          ``(1) In general.--
                  ``(A) Authorization.--Subject to the provisions of 
                this section, Federal participation shall be permitted 
                on the same basis and in the same manner as 
                construction of toll-free highways is permitted under 
                this chapter in the--
                          ``(i) initial construction of a toll highway, 
                        bridge, or tunnel or approach to the highway, 
                        bridge, or tunnel;
                          ``(ii) initial construction of 1 or more 
                        lanes or other improvements that increase 
                        capacity of a highway, bridge, or tunnel (other 
                        than a highway on the Interstate System) and 
                        conversion of that highway, bridge, or tunnel 
                        to a tolled facility, if the number of toll-
                        free lanes, excluding auxiliary lanes, after 
                        the construction is not less than the number of 
                        toll-free lanes, excluding auxiliary lanes, 
                        before the construction;
                          ``(iii) initial construction of 1 or more 
                        lanes or other improvements that increase the 
                        capacity of a highway, bridge, or tunnel on the 
                        Interstate System and conversion of that 
                        highway, bridge, or tunnel to a tolled 
                        facility, if the number of toll-free non-HOV 
                        lanes, excluding auxiliary lanes, after such 
                        construction is not less than the number of 
                        toll-free non-HOV lanes, excluding auxiliary 
                        lanes, before such construction;
                          ``(iv) reconstruction, resurfacing, 
                        restoration, rehabilitation, or replacement of 
                        a toll highway, bridge, or tunnel or approach 
                        to the highway, bridge, or tunnel;
                          ``(v) reconstruction or replacement of a 
                        toll-free bridge or tunnel and conversion of 
                        the bridge or tunnel to a toll facility;
                          ``(vi) reconstruction of a toll-free Federal-
                        aid highway (other than a highway on the 
                        Interstate System) and conversion of the 
                        highway to a toll facility;
                          ``(vii) reconstruction, restoration, or 
                        rehabilitation of a highway on the Interstate 
                        System if the number of toll-free non-HOV 
                        lanes, excluding auxiliary lanes, after 
                        reconstruction, restoration, or rehabilitation 
                        is not less than the number of toll-free non-
                        HOV lanes, excluding auxiliary lanes, before 
                        reconstruction, restoration, or rehabilitation;
                          ``(viii) conversion of a high occupancy 
                        vehicle lane on a highway, bridge, or tunnel to 
                        a toll facility, subject to the requirements of 
                        section 166; and
                          ``(ix) preliminary studies to determine the 
                        feasibility of a toll facility for which 
                        Federal participation is authorized under this 
                        paragraph.
                  ``(B) Agreement to toll.--
                          ``(i) In general.--Before the Secretary may 
                        authorize tolling under this subsection, the 
                        public authority with jurisdiction over a 
                        highway, bridge, or tunnel shall enter into an 
                        agreement with the Secretary to ensure 
                        compliance with the requirements of this 
                        subsection.
                          ``(ii) Applicability.--
                                  ``(I) In general.--The requirements 
                                of this subparagraph shall apply to--
                                          ``(aa) Federal participation 
                                        under subparagraph (A);
                                          ``(bb) any prior Federal 
                                        participation in the facility 
                                        proposed to be tolled; and
                                          ``(cc) conversion, with or 
                                        without Federal participation, 
                                        of a non-tolled lane on the 
                                        National Highway System to a 
                                        toll facility under 
                                        subparagraph (E).
                                  ``(II) HOV facility.--Except as 
                                otherwise provided in this subsection 
                                or section 166, the provisions of this 
                                paragraph shall not apply to a high 
                                occupancy vehicle facility.
                          ``(iii) Major federal action.--Approval by 
                        the Secretary of an agreement to toll under 
                        this paragraph shall be considered a major 
                        Federal action under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  ``(C) Agreement conditions.--Prior to entering into 
                an agreement to toll under subparagraph (B), the public 
                authority shall certify to the Secretary that--
                          ``(i) the public authority has established 
                        procedures to ensure the toll meets the 
                        purposes and requirements of this subsection;
                          ``(ii) the facility shall provide for access 
                        at no cost to public transportation vehicles 
                        and over-the-road buses serving the public; and
                          ``(iii) the facility shall provide for the 
                        regional interoperability of electronic toll 
                        collection, including through technologies or 
                        business practices.
                  ``(D) Consideration of impacts.--
                          ``(i) In general.--Prior to entering into an 
                        agreement to toll under subparagraph (B), the 
                        Secretary shall ensure the public authority has 
                        adequately considered, including by providing 
                        an opportunity for public comment, the 
                        following factors within the corridor:
                                  ``(I) Congestion impacts on both the 
                                toll facility and in the corridor or 
                                cordon (including adjacent toll-free 
                                facilities).
                                  ``(II) In the case of a non-
                                attainment or maintenance area, air 
                                quality impacts.
                                  ``(III) Planned investments to 
                                improve public transportation or other 
                                non-tolled alternatives in the 
                                corridor.
                                  ``(IV) Environmental justice and 
                                equity impacts.
                                  ``(V) Impacts on freight movement.
                                  ``(VI) Economic impacts on 
                                businesses.
                          ``(ii) Consideration in environmental 
                        review.--Nothing in this subparagraph shall 
                        limit a public authority from meeting the 
                        requirements of this subparagraph through the 
                        environmental review process, as applicable.
                  ``(E) Congestion pricing.--
                          ``(i) In general.--The Secretary may 
                        authorize conversion of a non-tolled lane on 
                        the National Highway System to a toll facility 
                        to utilize pricing to manage the demand to use 
                        the facility by varying the toll amount that is 
                        charged.
                          ``(ii) Requirement.--Prior to entering into 
                        an agreement to convert a non-tolled lane on 
                        the National Highway System to a toll facility, 
                        the Secretary shall ensure (in addition to the 
                        requirements under subparagraphs (B), (C), and 
                        (D)) that such toll facility and the planned 
                        investments to improve public transportation or 
                        other non-tolled alternatives in the corridor 
                        are reasonably expected to improve the 
                        operation of the cordon or corridor, as 
                        described in clauses (iii) and (iv).
                          ``(iii) Performance monitoring.--A public 
                        authority that enters into an agreement to 
                        convert a non-tolled lane to a toll facility 
                        under this subparagraph shall--
                                  ``(I) establish, monitor, and support 
                                a performance monitoring, evaluation, 
                                and reporting program--
                                          ``(aa) for the toll facility 
                                        that provides for continuous 
                                        monitoring, assessment, and 
                                        reporting on the impacts that 
                                        the pricing structure may have 
                                        on the operation of the 
                                        facility; and
                                          ``(bb) for the corridor or 
                                        cordon that provides for 
                                        continuous monitoring, 
                                        assessment, and reporting on 
                                        the impacts of congestion 
                                        pricing on the operation of the 
                                        corridor or cordon;
                                  ``(II) submit to the Secretary annual 
                                reports of the impacts described in 
                                subclause (I); and
                                  ``(III) if the facility or the 
                                corridor or cordon becomes degraded, as 
                                described in clause (iv), submit to the 
                                Secretary an annual update that 
                                describes the actions proposed to bring 
                                the toll facility into compliance and 
                                the progress made on such actions.
                          ``(iv) Determination.--
                                  ``(I) Degraded operation.--For 
                                purposes of clause (iii)(III), the 
                                operation of a toll facility shall be 
                                considered to be degraded if vehicles 
                                operating on the facility are failing 
                                to maintain a minimum average operating 
                                speed 90 percent of the time over a 
                                consecutive 180-day period during peak 
                                hour periods.
                                  ``(II) Degraded corridor or cordon.--
                                For the purposes of clause (iii)(III), 
                                a corridor or cordon shall be 
                                considered to be degraded if congestion 
                                pricing or investments to improve 
                                public transportation or other non-
                                tolled alternatives have not resulted 
                                in--
                                          ``(aa) an increase in person 
                                        or freight throughput in the 
                                        corridor or cordon; or
                                          ``(bb) a reduction in person 
                                        hours of delay in the corridor 
                                        or cordon, as determined by the 
                                        Secretary.
                                  ``(III) Definition of minimum average 
                                operating speed.--In this subparagraph, 
                                the term `minimum average operating 
                                speed' means--
                                          ``(aa) 35 miles per hour, in 
                                        the case of a toll facility 
                                        with a speed limit of 45 miles 
                                        per hour or greater; and
                                          ``(bb) not more than 10 miles 
                                        per hour below the speed limit, 
                                        in the case of a toll facility 
                                        with a speed limit of less than 
                                        50 miles per hour.
                          ``(v) Maintenance of operating performance.--
                                  ``(I) In general.--Not later than 180 
                                days after the date on which a facility 
                                or a corridor or cordon becomes 
                                degraded under clause (iv), the public 
                                authority with jurisdiction over the 
                                facility shall submit to the Secretary 
                                for approval a plan that details the 
                                actions the public authority will take 
                                to make significant progress toward 
                                bringing the facility or corridor or 
                                cordon into compliance with this 
                                subparagraph.
                                  ``(II) Notice of approval or 
                                disapproval.--Not later than 60 days 
                                after the date of receipt of a plan 
                                under subclause (I), the Secretary 
                                shall provide to the public authority a 
                                written notice indicating whether the 
                                Secretary has approved or disapproved 
                                the plan based on a determination of 
                                whether the implementation of the plan 
                                will make significant progress toward 
                                bringing the facility or corridor or 
                                cordon into compliance with this 
                                subparagraph.
                                  ``(III) Update.--Until the date on 
                                which the Secretary determines that the 
                                public authority has brought the 
                                facility or corridor or cordon into 
                                compliance with this subparagraph, the 
                                public authority shall submit annual 
                                updates that describe--
                                          ``(aa) the actions taken to 
                                        bring the facility into 
                                        compliance;
                                          ``(bb) the actions taken to 
                                        bring the corridor or cordon 
                                        into compliance; and
                                          ``(cc) the progress made by 
                                        those actions.
                                  ``(IV) Compliance.--If a public 
                                authority fails to bring a facility 
                                into compliance under this 
                                subparagraph, the Secretary may subject 
                                the public authority to appropriate 
                                program sanctions under section 1.36 of 
                                title 23, Code of Federal Regulations 
                                (or successor regulations), until the 
                                performance is no longer degraded.
                          ``(vi) Consultation of mpo.--If a toll 
                        facility authorized under this subparagraph is 
                        located on the National Highway System and in a 
                        metropolitan planning area established in 
                        accordance with section 134, the public 
                        authority shall consult with the metropolitan 
                        planning organization for the area.
                          ``(vii) Inclusion.--For the purposes of this 
                        paragraph, the corridor or cordon shall include 
                        toll-free facilities that are adjacent to the 
                        toll facility.'';
                  (B) in paragraph (3)--
                          (i) in subparagraph (A)--
                                  (I) in clause (iv) by striking 
                                ``and'' at the end; and
                                  (II) by striking clause (v) and 
                                inserting the following:
                          ``(v) any project eligible under this title 
                        or chapter 53 of title 49 that improves the 
                        operation of the corridor or cordon by 
                        increasing person or freight throughput and 
                        reducing person hours of delay;
                          ``(vi) toll discounts or rebates for users of 
                        the toll facility that have no reasonable 
                        alternative transportation method to the toll 
                        facility; and
                          ``(vii) if the public authority certifies 
                        annually that the tolled facility is being 
                        adequately maintained and the cordon or 
                        corridor is not degraded under paragraph 
                        (1)(E), any revenues remaining after funding 
                        the activities described in clauses (i) through 
                        (vi) shall be considered surplus revenue and 
                        may be used for any other purpose for which 
                        Federal funds may be obligated by a State under 
                        this title or chapter 53 of title 49.''; and
                          (ii) by striking subparagraph (B) and 
                        inserting the following:
                  ``(B) Transparency.--
                          ``(i) Annual audit.--
                                  ``(I) In general.--A public authority 
                                with jurisdiction over a toll facility 
                                shall conduct or have an independent 
                                auditor conduct an annual audit of toll 
                                facility records to verify adequate 
                                maintenance and compliance with 
                                subparagraph (A), and report the 
                                results of the audits to the Secretary.
                                  ``(II) Records.--On reasonable 
                                notice, the public authority shall make 
                                all records of the public authority 
                                pertaining to the toll facility 
                                available for audit by the Secretary.
                          ``(ii) Use of revenues.--A State or public 
                        authority that obligates amounts under clauses 
                        (v), (vi), or (vii) of subparagraph (A) shall 
                        annually report to the Secretary a list of 
                        activities funded with such amounts and the 
                        amount of funding provided for each such 
                        activity.'';
                  (C) in paragraph (8) by striking ``as of the date of 
                enactment of the MAP-21, before commencing any activity 
                authorized'' and inserting ``, before commencing any 
                activity authorized'';
                  (D) in paragraph (9)--
                          (i) by striking ``bus'' and inserting 
                        ``vehicle''; and
                          (ii) by striking ``buses'' and inserting 
                        ``vehicles''; and
                  (E) by striking paragraph (10) and inserting the 
                following:
          ``(10) Interoperability of electronic toll collection.--
                  ``(A) In general.--All toll facilities on Federal-aid 
                highways shall provide for the regional 
                interoperability of electronic toll collection, 
                including through technologies or business practices.
                  ``(B) Prohibition on restriction.--No State, or any 
                political subdivision thereof, shall restrict the 
                information that is shared across public and private 
                toll facility operators or their agents or contractors 
                for purposes of facilitating, operating, or maintaining 
                electronic toll collection programs.
          ``(11) Noncompliance.--If the Secretary concludes that a 
        public authority has not complied with the requirements of this 
        subsection, the Secretary may require the public authority to 
        discontinue collecting tolls until the public authority and the 
        Secretary enter into an agreement for the public authority to 
        achieve compliance with such requirements.
          ``(12) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Federal participation.--The term `Federal 
                participation' means the use of funds made available 
                under this title.
                  ``(B) High occupancy vehicle; hov.--The term `high 
                occupancy vehicle' or `HOV' means a vehicle with not 
                fewer than 2 occupants.
                  ``(C) Initial construction.--
                          ``(i) In general.--The term `initial 
                        construction' means the construction of a 
                        highway, bridge, tunnel, or other facility at 
                        any time before it is open to traffic.
                          ``(ii) Exclusions.--The term `initial 
                        construction' does not include any improvement 
                        to a highway, bridge, tunnel, or other facility 
                        after it is open to traffic.
                  ``(D) Over-the-road bus.--The term `over-the-road 
                bus' has the meaning given the term in section 301 of 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12181).
                  ``(E) Public authority.--The term `public authority' 
                means a State, interstate compact of States, or public 
                entity designated by a State.
                  ``(F) Public transportation vehicle.--The term 
                `public transportation vehicle' has the meaning given 
                that term in section 166.
                  ``(G) Toll facility.--The term `toll facility' means 
                a toll highway, bridge, or tunnel or approach to the 
                highway, bridge, or tunnel constructed or authorized to 
                be tolled under this subsection.''.
  (b) Repeal of Interstate System Reconstruction and Rehabilitation 
Pilot Program.--Section 1216 of the Transportation Equity Act for the 
21st Century (23 U.S.C. 129 note), and the item related to such section 
in the table of contents in section 1(b) of such Act, are repealed.
  (c) Value Pricing Pilot Program.--Section 1012(b) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is 
amended by adding at the end the following:
          ``(9) Sunset.--The Secretary may not consider an expression 
        of interest submitted under this section after the date of 
        enactment of this paragraph.''.
  (d) Savings Clause.--
          (1) Application of limitations.--Any toll facility described 
        in paragraph (2) shall be subject to the requirements of 
        section 129(a)(3) of title 23, United States Code, as in effect 
        on the day before the date of enactment of this Act.
          (2) Toll facilities.--A toll facility described in this 
        paragraph is a facility that, on the day prior to the date of 
        enactment of this Act, was--
                  (A) operating;
                  (B) in the planning and design phase; or
                  (C) in the construction phase.
  (e) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to Congress a 
report on the implementation of the interoperability of toll collection 
as required under section 1512(b) of MAP-21, including an assessment of 
the progress in, and barriers on, such implementation.

SEC. 1111. HOV FACILITIES.

  Section 166 of title 23, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in paragraph (4)(C)(iii) by striking 
                ``transportation buses'' and inserting ``transportation 
                vehicles'';
                  (B) in paragraph (5)(B) by striking ``2019'' and 
                inserting ``2025''; and
                  (C) by adding at the end the following:
          ``(6) Emergency vehicles.--The public authority may allow the 
        following vehicles to use the HOV facility if the authority 
        establishes requirements for clearly identifying the vehicles:
                  ``(A) An emergency vehicle that is responding to an 
                existing emergency.
                  ``(B) A blood transport vehicle that is transporting 
                blood between collection points and hospitals or 
                storage centers.''.
          (2) in subsection (d)(2)(A)(i) by striking ``45 miles per 
        hour, in the case of a HOV facility with a speed limit of 50 
        miles per hour or greater'' and inserting ``35 miles per hour, 
        in the case of a HOV facility with a speed limit of 45 miles 
        per hour or greater'';
          (3) in subsection (d)(2)(B) by striking ``morning or evening 
        weekday peak hour periods (or both)'' and inserting ``peak hour 
        periods'';
          (4) in subsection (e)--
                  (A) by striking ``Not later than 180 days after the 
                date of enactment of this section, the Administrator'' 
                and inserting ``The Administrator'';
                  (B) in paragraph (1) by striking ``and'' at the end;
                  (C) in paragraph (2) by striking the period at the 
                end and inserting ``; and''; and
                  (D) by adding at the end the following:
          ``(3) not later than 180 days after the date of enactment of 
        the INVEST in America Act, update the requirements established 
        under paragraph (1).''; and
          (5) in subsection (f)--
                  (A) in paragraph (1)--
                          (i) by striking subparagraphs (C), (D), and 
                        (F); and
                          (ii) by redesignating subparagraphs (E), (G), 
                        (H), and (I) as subparagraphs (C), (D), (E), 
                        and (F), respectively; and
                  (B) in paragraph (6)(B)(i) by striking ``public 
                entity'' and inserting ``public transportation service 
                that is a recipient or subrecipient of funds under 
                chapter 53 of title 49''.

SEC. 1112. BUY AMERICA.

  (a) In General.--Section 313 of title 23, United States Code, is 
amended--
          (1) in subsection (a)--
                  (A) by striking ``Notwithstanding'' and inserting 
                ``In General.--Notwithstanding'';
                  (B) by striking ``Secretary of Transportation'' and 
                inserting ``Secretary'';
                  (C) by striking ``the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or''; and
                  (D) by striking ``and manufactured products'' and 
                inserting ``manufactured products, and construction 
                materials'';
          (2) in subsection (b) by inserting ``Determination.--'' 
        before ``The provisions'';
          (3) in subsection (c) by striking ``For purposes'' and 
        inserting ``Calculation.--For purposes'';
          (4) in subsection (d)--
                  (A) by striking ``The Secretary of Transportation'' 
                and inserting ``Requirements.--The Secretary''; and
                  (B) by striking ``the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or'';
          (5) in subsection (g) by inserting ``or within the scope of 
        the applicable finding, determination, or environmental review 
        decision made pursuant to authority granted by the Secretary 
        under section 330, if applicable,'' before ``regardless of 
        the''; and
          (6) by adding at the end the following:
  ``(h) Waiver Procedure.--
          ``(1) In general.--Not later than 120 days after the 
        submission of a request for a waiver, the Secretary shall make 
        a determination under paragraph (1) or (2) of subsection (b) as 
        to whether subsection (a) shall apply.
          ``(2) Public notification and comment.--
                  ``(A) In general.--Not later than 30 days before 
                making a determination regarding a waiver described in 
                paragraph (1), the Secretary shall provide notification 
                and an opportunity for public comment on the request 
                for such waiver.
                  ``(B) Notification requirements.--The notification 
                required under subparagraph (A) shall--
                          ``(i) describe whether the application is 
                        being made for a determination described in 
                        subsection (b)(1); and
                          ``(ii) be provided to the public by 
                        electronic means, including on the public 
                        website of the Department of Transportation.
          ``(3) Determination.--Before a determination described in 
        paragraph (1) takes effect, the Secretary shall publish a 
        detailed justification for such determination that addresses 
        all public comments received under paragraph (2)--
                  ``(A) on the public website of the Department of 
                Transportation; and
                  ``(B) if the Secretary issues a waiver with respect 
                to such determination, in the Federal Register.
  ``(i) Review of Nationwide Waivers.--
          ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, and at least every 5 years 
        thereafter, the Secretary shall review any standing nationwide 
        waiver issued by the Secretary under this section to ensure 
        such waiver remains justified.
          ``(2) Public notification and opportunity for comment.--
                  ``(A) In general.--Not later than 30 days before the 
                completion of a review under paragraph (1), the 
                Secretary shall provide notification and an opportunity 
                for public comment on such review.
                  ``(B) Means of notification.--Notification provided 
                under this subparagraph shall be provided by electronic 
                means, including on the public website of the 
                Department of Transportation.
          ``(3) Detailed justification in federal register.--After the 
        completion of a review under paragraph (1), the Secretary shall 
        publish in the Federal Register a detailed justification for 
        the determination made under paragraph (1) that addresses all 
        public comments received under paragraph (2).
          ``(4) Consideration.--In conducting the review under 
        paragraph (1), the Secretary shall consider the research on 
        supply chains carried out under section 1112(c) of the INVEST 
        in America Act.
  ``(j) Report.--Not later than 120 days after the last day of each 
fiscal year, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives, the 
Committee on Appropriations of the House of Representatives, the 
Committee on Environment and Public Works of the Senate, and the 
Committee on Appropriations of the Senate a report on the waivers 
provided under subsection (h) during the previous fiscal year and the 
justifications for such waivers.
  ``(k) Construction Materials Defined.--In this section, the term 
`construction materials' means primary materials, except for iron and 
steel, that are commonly used in highway construction, as determined by 
the Secretary.''.
  (b) Construction Materials.--
          (1) Establishment of requirements.--The Secretary shall issue 
        such regulations as are necessary to implement the amendment 
        made subsection (a)(1)(D). Such regulations shall ensure the 
        continued availability of construction materials to carry out 
        projects under title 23, United States Code.
          (2) Considerations.--The requirements of this section, and 
        the amendments made by this section--
                  (A) shall seek to maximize jobs located in the United 
                States;
                  (B) may establish domestic content requirements that 
                increase over time, based on the current and expected 
                future domestic availability of construction materials; 
                and
                  (C) shall take into consideration the research 
                conducted under subsection (c).
          (3) Applicability.--The amendment made by subsection 
        (a)(1)(D) shall take effect beginning on the date that the 
        Secretary establishes the requirements described under 
        paragraph (1).
  (c) Research on Supply Chains.--
          (1) In general.--The Secretary shall conduct research on 
        covered items that are commonly used or acquired under title 
        23, United States Code, including--
                  (A) construction materials;
                  (B) manufactured products;
                  (C) vehicles; and
                  (D) alternative fuel infrastructure and electric 
                vehicle supply equipment.
          (2) Considerations.--The research under paragraph (1) shall 
        consider--
                  (A) the current domestic availability of covered 
                items;
                  (B) the current supply chain for covered items; and
                  (C) the estimated demand, in relation to total United 
                States demand from all sources, for covered items 
                from--
                          (i) procurement under the Federal-aid highway 
                        program;
                          (ii) procurement under other programs 
                        administered by the Secretary of 
                        Transportation; and
                          (iii) other Federal procurement.
          (3) Domestic suppliers.--As part of the review under this 
        paragraph, the Secretary may establish and maintain a list of 
        known domestic suppliers of covered items.
          (4) Definition of covered item.--For the purposes of this 
        section, the term ``covered item'' means any material or 
        product (except for iron and steel) subject to the requirements 
        of section 313(a) of title 23, United States Code, that is 
        commonly used in highway construction or procured under the 
        Federal-aid highway program.
  (d) Iron and Steel.--This section, and the amendments made by this 
section, shall not affect the requirements under section 
634.410(b)(1)(ii) of title 23, Code of Federal Regulations, with 
respect to iron and steel.
  (e) SAFETEA-LU Technical Corrections Act of 2008.--Section 117 of the 
SAFETEA-LU Technical Corrections Act of 2008 (23 U.S.C. 313 note) is 
repealed.

SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIREMENTS.

  (a) In General.--Section 113 of title 23, United States Code, is 
amended--
          (1) by striking subsections (a) and (b) and inserting the 
        following:
  ``(a) In General.--The Secretary shall take such action as may be 
necessary to ensure that all laborers and mechanics employed by 
contractors or subcontractors on construction work performed on 
projects financed or otherwise assisted in whole or in part by a loan, 
loan guarantee, grant, credit enhancement, or any other form of Federal 
assistance administered by the Secretary or the Department, including 
programs to capitalize revolving loan funds and subsequent financing 
cycles under such funds, shall be paid wages at rates not less than 
those prevailing on projects of a character similar in the locality, as 
determined by the Secretary of Labor in accordance with subchapter IV 
of chapter 31 of title 40. With respect to the labor standards 
specified in this section, the Secretary of Labor shall have the 
authority and functions set forth in Reorganization Plan Numbered 14 of 
1950 (64 Stat. 1267) and section 3145 of title 40.'';
          (2) by redesignating subsection (c) as subsection (b); and
          (3) in subsection (b), as so redesignated, by inserting 
        ``Apprenticeship and Skill Training Programs.--'' before ``The 
        provisions''.
  (b) Conforming Amendments.--
          (1) Section 133 of title 23, United States Code, is amended 
        by striking subsection (i).
          (2) Section 167 of title 23, United States Code, is amended 
        by striking subsection (l).
          (3) Section 1401 of the MAP-21 (23 U.S.C. 137 note) is 
        amended by striking subsection (e).

SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL 
                    EXCLUSIONS.

  Section 326(c)(3) of title 23, United States Code, is amended--
          (1) by striking subparagraph (A) and inserting the following:
                  ``(A) except as provided under subparagraph (C), have 
                a term of not more than 3 years;'';
          (2) in subparagraph (B) by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(C) for any State that has assumed the 
                responsibility for categorical exclusions under this 
                section for at least 10 years, have a term of 5 
                years.''.

SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN 
                    AGREEMENTS.

  Section 327 of title 23, United States Code, is amended--
          (1) in subsection (a)(2)(G) by inserting ``, including the 
        payment of fees awarded under section 2412 of title 28'' after 
        ``with the project''.
          (2) in subsection (c)--
                  (A) by striking paragraph (5) and inserting the 
                following:
          ``(5) except as provided under paragraph (7), have a term of 
        not more than 5 years;'';
                  (B) in paragraph (6) by striking the period at the 
                end and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(7) for any State that has participated in a program under 
        this section (or under a predecessor program) for at least 10 
        years, have a term of 10 years.'';
          (3) in subsection (g)(1)--
                  (A) in subparagraph (C) by striking ``annual'';
                  (B) in subparagraph (B) by striking ``and'' at the 
                end;
                  (C) by redesignating subparagraph (C) as subparagraph 
                (D); and
                  (D) by inserting after subparagraph (B) the 
                following:
                  ``(C) in the case of an agreement period of greater 
                than 5 years under subsection (c)(7), conduct an audit 
                covering the first 5 years of the agreement period; 
                and''; and
          (4) by adding at the end the following:
  ``(m) Agency Deemed to Be Federal Agency.--A State agency that is 
assigned a responsibility under an agreement under this section shall 
be deemed to be an agency of the United States for the purposes of 
section 2412 of title 28.''.

SEC. 1116. CORROSION PREVENTION FOR BRIDGES.

  (a) Definitions.--In this section:
          (1) Applicable bridge projects.--The term ``applicable bridge 
        projects'' means a project for construction, replacement, 
        rehabilitation, preservation, or protection, other than de 
        minimis work, as determined by the applicable State department 
        of transportation, on a bridge project that receives financial 
        assistance under title 23, United States Code.
          (2) Certified contractor.--The term ``certified contractor'' 
        means a contracting or subcontracting firm that has been 
        certified by an industry-wide recognized third party 
        organization that evaluates the capability of the contractor or 
        subcontractor to properly perform 1 or more specified aspects 
        of applicable bridge projects described in subsection (b)(2).
          (3) Qualified training program.--The term ``qualified 
        training program'' means a training program in corrosion 
        control, mitigation, and prevention that is either--
                  (A) offered or accredited by an organization that 
                sets industry corrosion standards; or
                  (B) an industrial coatings applicator training 
                program registered under the Act of August 16, 1937 (29 
                U.S.C. 50 et seq.; commonly known as the ``National 
                Apprenticeship Act'') that meets the standards of 
                subpart A of part 29 and part 30 of title 29, Code of 
                Federal Regulations.
  (b) Applicable Bridge Projects.--
          (1) Quality control.--A certified contractor shall carry out 
        aspects of an applicable bridge project described in paragraph 
        (2).
          (2) Aspects of applicable bridge projects.--Aspects of an 
        applicable bridge project referred to in paragraph (1) shall 
        include--
                  (A) surface preparation or coating application on 
                steel or rebar of an applicable bridge project;
                  (B) removal of a lead-based or other hazardous 
                coating from steel of an existing applicable bridge 
                project; and
                  (C) shop painting of structural steel or rebar 
                fabricated for installation on an applicable bridge 
                project.
          (3) Corrosion management system.--In carrying out an 
        applicable bridge project, a State department of transportation 
        shall--
                  (A) implement a corrosion management system that 
                utilizes industry-recognized standards and corrosion 
                mitigation and prevention methods to address--
                          (i) surface preparation;
                          (ii) protective coatings;
                          (iii) materials selection;
                          (iv) cathodic protection;
                          (v) corrosion engineering;
                          (vi) personnel training; and
                          (vii) best practices in environmental 
                        protection to prevent environmental degradation 
                        and uphold public health.
                  (B) require certified contractors, for the purpose of 
                carrying out aspects of applicable bridge projects 
                described in paragraph (2), to employ a substantial 
                number of individuals that are trained and certified by 
                a qualified training program as meeting the ANSI/NACE 
                Number 13/SSPC-ACS-1 standard or future versions of 
                this standard.
          (4) Certification.--The applicable State department of 
        transportation shall only accept bids for projects that include 
        aspects of applicable bridge projects described in paragraph 
        (2) from a certified contractor that presents written proof 
        that the certification of such contractor meets the standards 
        of SSPC QP1, QP2, and QP3 or future versions of these 
        standards.
  (c) Training Program.--As a condition of entering into a contract for 
an applicable bridge project, each certified contractor shall provide 
training, through a qualified training program, for each individual who 
is not a certified coating applicator but that the certified contractor 
employs to carry out aspects of applicable bridge projects as described 
in subsection (b)(2).

SEC. 1117. SENSE OF CONGRESS.

  It is the sense of Congress that--
          (1) States should utilize life-cycle cost analysis to 
        evaluate the total economic cost of a transportation project 
        over its expected lifetime; and
          (2) data indicating that future repair costs associated with 
        a transportation project frequently total more than half of the 
        initial cost of the project, and that conducting life-cycle 
        cost analysis prior to construction will help States identify 
        the most cost-effective option, improve their economic 
        performance, and lower the total cost of building and 
        maintaining the project.

SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN RIGHT-OF-WAY.

  (a) In General.--Notwithstanding chapter 1 of title 23, United States 
Code, electric vehicle charging infrastructure, renewable energy 
generation facilities, electrical transmission and distribution 
infrastructure, and broadband infrastructure and conduit shall be 
treated as a facility covered under part 645 of title 23, Code of 
Federal Regulations (or successor regulations), for purposes of being 
accommodated under section 109(l) of title 23, United States Code.
  (b) State Approval.--A State, on behalf of the Secretary of 
Transportation, may approve the accommodation of the infrastructure and 
facilities described in subsection (a) within any right-of-way on a 
Federal-aid highway pursuant to section 109(l) of title 23, United 
States Code.

SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE SAFETY IMPROVEMENTS.

  (a) In General.--Notwithstanding any provision of title 23, United 
States Code, or any regulation issued by the Secretary of 
Transportation, section 129(a)(3) of such title shall not apply to a 
covered public authority that receives funding under such title for 
pedestrian and bike safety improvements.
  (b) No Toll.--A covered public authority may not charge a toll, fee, 
or other levy for use of such improvements.
  (c) Effective Date.--A covered public authority shall be eligible for 
the exemption under subsection (a) for 10 years after the date of 
enactment of this Act. Any such exemption granted shall remain in 
effect after the effective date described in this section.
  (d) Definitions.--In this section, the following definitions apply:
          (1) Covered public authority.--The term ``covered public 
        authority'' means a public authority with jurisdiction over a 
        toll facility located within both--
                  (A) a National Scenic Area; and
                  (B) the National Trail System.
          (2) National scenic area.--The term ``National Scenic Area'' 
        means an area of the National Forest System federally 
        designated as a National Scenic Area in recognition of the 
        outstanding natural, scenic, and recreational values of the 
        area.
          (3) National trail system.--The term ``National Trail 
        System'' means an area described in section 3 of the National 
        Trails System Act (16 U.S.C. 1242).
          (4) Public authority; toll facility.--The terms ``public 
        authority'' and ``toll facility'' have the meanings such terms 
        would have if such terms were included in chapter 1 of title 
        23, United States Code.

           Subtitle B--Programmatic Infrastructure Investment

SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

  Section 119 of title 23, United States Code, is amended--
          (1) by striking subsection (b) and inserting the following:
  ``(b) Purposes.--The purposes of the national highway performance 
program shall be--
          ``(1) to provide support for the condition and performance of 
        the National Highway System, consistent with the asset 
        management plans of States;
          ``(2) to support progress toward the achievement of 
        performance targets of States established under section 150;
          ``(3) to increase the resilience of Federal-aid highways and 
        bridges; and
          ``(4) to provide support for the construction of new 
        facilities on the National Highway System, consistent with 
        subsection (d)(3).'';
          (2) in subsection (d)--
                  (A) in paragraph (1)(A) by striking ``or freight 
                movement on the National Highway System'' and inserting 
                ``freight movement, environmental sustainability, 
                transportation system access, or combating climate 
                change'';
                  (B) in paragraph (1)(B) by striking ``and'' at the 
                end;
                  (C) in paragraph (2)--
                          (i) in subparagraph (G)--
                                  (I) in clause (i) by inserting 
                                ``and'' at the end;
                                  (II) in clause (ii) by striking ``; 
                                and'' and inserting a period; and
                                  (III) by striking clause (iii);
                          (ii) in subparagraph (I) by inserting ``, 
                        including the installation of safety barriers 
                        and nets on bridges on the National Highway 
                        System'' after ``National Highway System''; and
                          (iii) by adding at the end the following:
                  ``(Q) Projects on or off the National Highway System 
                to reduce greenhouse gas emissions that are eligible 
                under section 171, including the installation of 
                electric vehicle charging infrastructure.
                  ``(R) Projects on or off the National Highway System 
                to enhance resilience of a transportation facility 
                eligible under section 124, including protective 
                features and natural infrastructure.
                  ``(S) Projects and strategies to reduce vehicle-
                caused wildlife mortality related to, or to restore and 
                maintain connectivity among terrestrial or aquatic 
                habitats affected by, a transportation facility 
                eligible for assistance under this section.
                  ``(T) Projects on or off the National Highway System 
                to improve an evacuation route eligible under section 
                124(b)(1)(C).
                  ``(U) The removal, retrofit, repurposing, 
                remediation, or replacement of a highway on the 
                National Highway System that creates a barrier to 
                community connectivity to improve access for multiple 
                modes of transportation.''; and
                  (D) by adding at the end the following:
          ``(3) a project that is otherwise eligible under this 
        subsection to construct new capacity for single occupancy 
        passenger vehicles only if the State--
                  ``(A) has demonstrated progress in achieving a state 
                of good repair, as defined in the State's asset 
                management plan, on the National Highway System;
                  ``(B) demonstrates that the project--
                          ``(i) supports the achievement of performance 
                        targets of the State established under section 
                        150; and
                          ``(ii) is more cost effective, as determined 
                        by benefit-cost analysis, than--
                                  ``(I) an operational improvement to 
                                the facility or corridor;
                                  ``(II) the construction of a public 
                                transportation project eligible for 
                                assistance under chapter 53 of title 
                                49; or
                                  ``(III) the construction of a non-
                                single occupancy passenger vehicle 
                                project that improves freight movement; 
                                and
                  ``(C) has a public plan for maintaining and operating 
                the new asset while continuing its progress in 
                achieving a state of good repair under subparagraph 
                (A).'';
          (3) in subsection (e)--
                  (A) in the heading by inserting ``Asset and'' after 
                ``State'';
                  (B) in paragraph (4)(D) by striking ``analysis'' and 
                inserting ``analyses, both of which shall take into 
                consideration climate change adaptation and 
                resilience;''; and
                  (C) in paragraph (8) by striking ``Not later than 18 
                months after the date of enactment of the MAP-21, the 
                Secretary'' and inserting ``The Secretary''; and
          (4) by adding at the end the following:
  ``(k) Benefit-Cost Analysis.--In carrying out subsection 
(d)(3)(B)(ii), the Secretary shall establish a process for analyzing 
the cost and benefits of projects under such subsection, ensuring 
that--
          ``(1) the benefit-cost analysis includes a calculation of all 
        the benefits addressed in the performance measures established 
        under section 150;
          ``(2) the benefit-cost analysis includes a consideration of 
        the total maintenance cost of an asset over the lifecycle of 
        the asset; and
          ``(3) the State demonstrates that any transportation demand 
        modeling used to calculate the benefit-cost analysis has a 
        documented record of accuracy.''.

SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION ASSETS.

  (a) Predisaster Mitigation Program.--
          (1) In general.--Chapter 1 of title 23, United States Code, 
        is amended by inserting after section 123 the following:

``Sec. 124. Predisaster mitigation program

  ``(a) Establishment.--The Secretary shall establish and implement a 
predisaster mitigation program to enhance the resilience of the 
transportation system of the United States, mitigate the impacts of 
covered events, and ensure the efficient use of Federal resources.
  ``(b) Eligible Activities.--
          ``(1) In general.--Subject to paragraph (2), funds 
        apportioned to the State under section 104(b)(8) may be 
        obligated for--
                  ``(A) construction activities, including construction 
                of natural infrastructure or protective features--
                          ``(i) to increase the resilience of a surface 
                        transportation infrastructure asset to 
                        withstand a covered event;
                          ``(ii) to relocate or provide a reasonable 
                        alternative to a repeatedly damaged facility; 
                        and
                          ``(iii) for an evacuation route identified in 
                        the vulnerability assessment required under 
                        section 134(i)(2)(I)(iii) or section 
                        135(f)(10)(C) to--
                                  ``(I) improve the capacity or 
                                operation of such evacuation route 
                                through communications and intelligent 
                                transportation system equipment and 
                                infrastructure, counterflow measures, 
                                and shoulders; and
                                  ``(II) relocate such evacuation route 
                                or provide a reasonable alternative to 
                                such evacuation route to address the 
                                risk of a covered event;
                  ``(B) resilience planning activities, including 
                activities described in sections 134(i)(2)(I) and 
                135(f)(10) of this title and sections 5303(i)(2)(I) and 
                5304(f)(10) of title 49; and
                  ``(C) the development of projects and programs that 
                help States, territories, and regions recover from 
                covered events that significantly disrupt the 
                transportation system, including--
                          ``(i) predisaster training programs that help 
                        agencies and regional stakeholders plan for and 
                        prepare multimodal recovery efforts; and
                          ``(ii) the establishment of region-wide 
                        telework training and programs.
          ``(2) Infrastructure resilience and adaptation.--No funds 
        shall be obligated to a project under this section unless the 
        project meets each of the following criteria:
                  ``(A) The project is designed to ensure resilience 
                over the anticipated service life of the surface 
                transportation infrastructure asset.
                  ``(B) The project is identified in the metropolitan 
                or statewide transportation improvement program as a 
                project to address resilience vulnerabilities, 
                consistent with section 134(j)(3)(E) or 
                135(g)(5)(B)(iii).
          ``(3) Prioritization of projects.--A State shall develop a 
        process to prioritize projects under this section based on the 
        degree to which the proposed project would--
                  ``(A) be cost effective in the long-term;
                  ``(B) reduce the risk of disruption to a surface 
                transportation infrastructure asset considered critical 
                to support population centers, freight movement, 
                economic activity, evacuation, recovery, national 
                security functions, or critical infrastructure; and
                  ``(C) ease disruptions to vulnerable, at-risk, or 
                transit-dependant populations.
  ``(c) Guidance.--The Secretary shall provide guidance to States to 
assist with the implementation of paragraphs (2) and (3) of subsection 
(b).
  ``(d) Definitions.--In this section:
          ``(1) Covered event.--The term `covered event' means a 
        climate change effect (including sea level rise), flooding, and 
        an extreme event or other natural disaster (including 
        wildfires, seismic activity, and landslides).
          ``(2) Surface transportation infrastructure asset.--The term 
        `surface transportation infrastructure asset' means a facility 
        eligible for assistance under this title or chapter 53 of title 
        49.''.
          (2) Conforming amendment.--The analysis for chapter 1 of 
        title 23, United States Code, is amended by inserting after the 
        item relating to section 123 the following:

``124. Predisaster mitigation program.''.

  (b) Projects in Flood-Prone Areas.--Section 109 of title 23, United 
States Code, is further amended by adding at the end the following:
  ``(t) Projects in Flood-Prone Areas.--For projects and actions that, 
in whole or in part, encroach within the limits of a flood-prone area, 
the Secretary shall ensure that such projects and actions are--
          ``(1) designed and constructed in a way that takes into 
        account, and mitigates where appropriate, flood risk by using 
        hydrologic, hydraulic, and hydrodynamic data, methods, and 
        analysis that integrate current and projected changes in 
        flooding based on climate science over the anticipated service 
        life of the asset and future forecasted land use changes; and
          ``(2) designed using analysis that considers the capital 
        costs, risks, and other economic, engineering, social and 
        environmental concerns of constructing a project in a flood-
        prone area.''.
  (c) Metropolitan Transportation Planning.--
          (1) Amendments to title 23.--
                  (A) Climate change and resilience.--Section 134(i)(2) 
                of title 23, United States Code, is amended by adding 
                at the end the following:
                  ``(I) Climate change and resilience.--
                          ``(i) In general.--The transportation 
                        planning process shall assess strategies to 
                        reduce the climate change impacts of the 
                        surface transportation system and conduct a 
                        vulnerability assessment to identify 
                        opportunities to enhance the resilience of the 
                        surface transportation system and ensure the 
                        efficient use of Federal resources.
                          ``(ii) Climate change mitigation and 
                        impacts.--A long-range transportation plan 
                        shall--
                                  ``(I) identify investments and 
                                strategies to reduce transportation-
                                related sources of greenhouse gas 
                                emissions per capita;
                                  ``(II) identify investments and 
                                strategies to manage transportation 
                                demand and increase the rates of public 
                                transportation ridership, walking, 
                                bicycling, and carpools; and
                                  ``(III) recommend zoning and other 
                                land use policies that would support 
                                infill, transit-oriented development, 
                                and mixed use development.
                          ``(iii) Vulnerability assessment.--A long-
                        range transportation plan shall incorporate a 
                        vulnerability assessment that--
                                  ``(I) includes a risk-based 
                                assessment of vulnerabilities of 
                                critical transportation assets and 
                                systems to covered events (as such term 
                                is defined in section 124);
                                  ``(II) considers, as applicable, the 
                                risk management analysis in the State's 
                                asset management plan developed 
                                pursuant to section 119, and the 
                                State's evaluation of reasonable 
                                alternatives to repeatedly damaged 
                                facilities conducted under part 667 of 
                                title 23, Code of Federal Regulations;
                                  ``(III) at the discretion of the 
                                metropolitan planning organization, 
                                identifies evacuation routes, assesses 
                                the ability of any such routes to 
                                provide safe passage for evacuation, 
                                access to health care and public health 
                                facilities, and emergency response 
                                during an emergency event, and 
                                identifies any improvements or 
                                redundant facilities necessary to 
                                adequately facilitate safe passage;
                                  ``(IV) describes the metropolitan 
                                planning organization's adaptation and 
                                resilience improvement strategies that 
                                will inform the transportation 
                                investment decisions of the 
                                metropolitan planning organization; and
                                  ``(V) is consistent with and 
                                complementary of the State, Tribal, and 
                                local mitigation plans required under 
                                section 322 of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5165).
                          ``(iv) Consultation.--The assessment 
                        described in this subparagraph shall be 
                        developed in consultation with, as appropriate, 
                        State, local, and Tribal officials responsible 
                        for land use, housing, resilience, hazard 
                        mitigation, and emergency management.''.
                  (B) Resilience projects.--Section 134(j)(3) of title 
                23, United States Code, is amended by adding at the end 
                the following:
                  ``(E) Resilience projects.--The TIP shall--
                          ``(i) identify any projects that address the 
                        vulnerabilities identified by the assessment in 
                        subsection (i)(2)(I)(iii); and
                          ``(ii) describe how each project identified 
                        under clause (i) would improve the resilience 
                        of the transportation system.''.
          (2) Amendments to title 49.--
                  (A) Climate change and resilience.--Section 
                5303(i)(2) of title 49, United States Code, is amended 
                by adding at the end the following:
                  ``(I) Climate change and resilience.--
                          ``(i) In general.--The transportation 
                        planning process shall assess strategies to 
                        reduce the climate change impacts of the 
                        surface transportation system and conduct a 
                        vulnerability assessment to identify 
                        opportunities to enhance the resilience of the 
                        surface transportation system and ensure the 
                        efficient use of Federal resources.
                          ``(ii) Climate change mitigation and 
                        impacts.--A long-range transportation plan 
                        shall--
                                  ``(I) identify investments and 
                                strategies to reduce transportation-
                                related sources of greenhouse gas 
                                emissions per capita;
                                  ``(II) identify investments and 
                                strategies to manage transportation 
                                demand and increase the rates of public 
                                transportation ridership, walking, 
                                bicycling, and carpools; and
                                  ``(III) recommend zoning and other 
                                land use policies that would support 
                                infill, transit-oriented development, 
                                and mixed use development.
                          ``(iii) Vulnerability assessment.--A long-
                        range transportation plan shall incorporate a 
                        vulnerability assessment that--
                                  ``(I) includes a risk-based 
                                assessment of vulnerabilities of 
                                critical transportation assets and 
                                systems to covered events (as such term 
                                is defined in section 124 of title 23);
                                  ``(II) considers, as applicable, the 
                                risk management analysis in the State's 
                                asset management plan developed 
                                pursuant to section 119 of title 23, 
                                and the State's evaluation of 
                                reasonable alternatives to repeatedly 
                                damaged facilities conducted under part 
                                667 of title 23, Code of Federal 
                                Regulations;
                                  ``(III) at the discretion of the 
                                metropolitan planning organization, 
                                identifies evacuation routes, assesses 
                                the ability of any such routes to 
                                provide safe passage for evacuation, 
                                access to health care and public health 
                                facilities, and emergency response 
                                during an emergency event, and 
                                identifies any improvements or 
                                redundant facilities necessary to 
                                adequately facilitate safe passage;
                                  ``(IV) describes the metropolitan 
                                planning organization's adaptation and 
                                resilience improvement strategies that 
                                will inform the transportation 
                                investment decisions of the 
                                metropolitan planning organization; and
                                  ``(V) is consistent with and 
                                complementary of the State, Tribal, and 
                                local mitigation plans required under 
                                section 322 of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5165).
                          ``(iv) Consultation.--The assessment 
                        described in this subparagraph shall be 
                        developed in consultation, as appropriate, with 
                        State, local, and Tribal officials responsible 
                        for land use, housing, resilience, hazard 
                        mitigation, and emergency management.''.
                  (B) Resilience projects.--Section 5303(j)(3) of title 
                49, United States Code, is amended by adding at the end 
                the following:
                  ``(E) Resilience projects.--The TIP shall--
                          ``(i) identify any projects that address the 
                        vulnerabilities identified by the assessment in 
                        subsection (i)(2)(I)(iii); and
                          ``(ii) describe how each project identified 
                        under clause (i) would improve the resilience 
                        of the transportation system.''.
  (d) Statewide and Nonmetropolitan Planning.--
          (1) Amendments to title 23.--
                  (A) Climate change and resilience.--Section 135(f) of 
                title 23, United States Code, is amended by adding at 
                the end the following:
          ``(10) Climate change and resilience.--
                  ``(A) In general.--The transportation planning 
                process shall assess strategies to reduce the climate 
                change impacts of the surface transportation system and 
                conduct a vulnerability assessment to identify 
                opportunities to enhance the resilience of the surface 
                transportation system and ensure the efficient use of 
                Federal resources.
                  ``(B) Climate change mitigation and impacts.--A long-
                range transportation plan shall--
                          ``(i) identify investments and strategies to 
                        reduce transportation-related sources of 
                        greenhouse gas emissions per capita;
                          ``(ii) identify investments and strategies to 
                        manage transportation demand and increase the 
                        rates of public transportation ridership, 
                        walking, bicycling, and carpools; and
                          ``(iii) recommend zoning and other land use 
                        policies that would support infill, transit-
                        oriented development, and mixed use 
                        development.
                  ``(C) Vulnerability assessment.--A long-range 
                transportation plan shall incorporate a vulnerability 
                assessment that--
                          ``(i) includes a risk-based assessment of 
                        vulnerabilities of critical transportation 
                        assets and systems to covered events (as such 
                        term is defined in section 124);
                          ``(ii) considers, as applicable, the risk 
                        management analysis in the State's asset 
                        management plan developed pursuant to section 
                        119, and the State's evaluation of reasonable 
                        alternatives to repeatedly damaged facilities 
                        conducted under part 667 of title 23, Code of 
                        Federal Regulations;
                          ``(iii) identifies evacuation routes, 
                        assesses the ability of any such routes to 
                        provide safe passage for evacuation, access to 
                        health care and public health facilities, and 
                        emergency response during an emergency event, 
                        and identifies any improvements or redundant 
                        facilities necessary to adequately facilitate 
                        safe passage;
                          ``(iv) describes the States's adaptation and 
                        resilience improvement strategies that will 
                        inform the transportation investment decisions 
                        of the State; and
                          ``(v) is consistent with and complementary of 
                        the State, Tribal, and local mitigation plans 
                        required under section 322 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5165).
                  ``(D) Consultation.--The assessment described in this 
                paragraph shall be developed in consultation with, as 
                appropriate, metropolitan planning organizations and 
                State, local, and Tribal officials responsible for land 
                use, housing, resilience, hazard mitigation, and 
                emergency management.''.
                  (B) Resilience projects.--Section 135(g)(5)(B) of 
                title 23, United States Code, is amended by adding at 
                the end the following:
                          ``(iii) Resilience projects.--The STIP 
                        shall--
                                  ``(I) identify projects that address 
                                the vulnerabilities identified by the 
                                assessment in subsection (i)(10)(B); 
                                and
                                  ``(II) describe how each project 
                                identified under subclause (I) would 
                                improve the resilience of the 
                                transportation system.''.
          (2) Amendments to title 49.--
                  (A) Climate change and resilience.--Section 5304(f) 
                of title 49, United States Code, is amended by adding 
                at the end the following:
          ``(10) Climate change and resilience.--
                  ``(A) In general.--The transportation planning 
                process shall assess strategies to reduce the climate 
                change impacts of the surface transportation system and 
                conduct a vulnerability assessment to identify 
                opportunities to enhance the resilience of the surface 
                transportation system and ensure the efficient use of 
                Federal resources.
                  ``(B) Climate change mitigation and impacts.--A long-
                range transportation plan shall--
                          ``(i) identify investments and strategies to 
                        reduce transportation-related sources of 
                        greenhouse gas emissions per capita;
                          ``(ii) identify investments and strategies to 
                        manage transportation demand and increase the 
                        rates of public transportation ridership, 
                        walking, bicycling, and carpools; and
                          ``(iii) recommend zoning and other land use 
                        policies that would support infill, transit-
                        oriented development, and mixed use 
                        development.
                  ``(C) Vulnerability assessment.--A long-range 
                transportation plan shall incorporate a vulnerability 
                assessment that--
                          ``(i) includes a risk-based assessment of 
                        vulnerabilities of critical transportation 
                        assets and systems to covered events (as such 
                        term is defined in section 124 of title 23);
                          ``(ii) considers, as applicable, the risk 
                        management analysis in the State's asset 
                        management plan developed pursuant to section 
                        119 of title 23, and the State's evaluation of 
                        reasonable alternatives to repeatedly damaged 
                        facilities conducted under part 667 of title 
                        23, Code of Federal Regulations;
                          ``(iii) identifies evacuation routes, 
                        assesses the ability of any such routes to 
                        provide safe passage for evacuation, access to 
                        health care and public health facilities, and 
                        emergency response during an emergency event, 
                        and identifies any improvements or redundant 
                        facilities necessary to adequately facilitate 
                        safe passage;
                          ``(iv) describes the State's adaptation and 
                        resilience improvement strategies that will 
                        inform the transportation investment decisions 
                        of the State; and
                          ``(v) is consistent with and complementary of 
                        the State, Tribal, and local mitigation plans 
                        required under section 322 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5165).
                  ``(D) Consultation.--The assessment described in this 
                paragraph shall be developed in consultation with, as 
                appropriate, metropolitan planning organizations and 
                State, local, and Tribal officials responsible for land 
                use, housing, resilience, hazard mitigation, and 
                emergency management.''.
                  (B) Resilience projects.--Section 5304(g)(5)(B) of 
                title 49, United States Code, is amended by adding at 
                the end the following:
                          ``(iii) Resilience projects.--The STIP 
                        shall--
                                  ``(I) identify projects that address 
                                the vulnerabilities identified by the 
                                assessment in subsection (i)(10)(B); 
                                and
                                  ``(II) describe how each project 
                                identified under subclause (I) would 
                                improve the resilience of the 
                                transportation system.''.

SEC. 1203. EMERGENCY RELIEF.

  (a) In General.--Section 125 of title 23, United States Code, is 
amended--
          (1) in subsection (a)(1) by inserting ``wildfire,'' after 
        ``severe storm,'';
          (2) by striking subsection (b);
          (3) in subsection (c)(2)(A) by striking ``in any 1 fiscal 
        year commencing after September 30, 1980,'' and inserting ``in 
        any fiscal year'';
          (4) in subsection (d)--
                  (A) in paragraph (3)(C) by striking ``(as defined in 
                subsection (e)(1))'';
                  (B) by redesignating paragraph (3) as paragraph (4); 
                and
                  (C) by striking paragraphs (1) and (2) and inserting 
                the following:
          ``(1) In general.--The Secretary may expend funds from the 
        emergency fund authorized by this section only for the repair 
        or reconstruction of highways on Federal-aid highways in 
        accordance with this chapter.
          ``(2) Restrictions.--
                  ``(A) In general.--No funds shall be expended from 
                the emergency fund authorized by this section unless--
                          ``(i) an emergency has been declared by the 
                        Governor of the State with concurrence by the 
                        Secretary, unless the President has declared 
                        the emergency to be a major disaster for the 
                        purposes of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5121 et seq.) for which concurrence of the 
                        Secretary is not required; and
                          ``(ii) the Secretary has received an 
                        application from the State transportation 
                        department that includes a comprehensive list 
                        of all eligible project sites and repair costs 
                        by not later than 2 years after the natural 
                        disaster or catastrophic failure.
                  ``(B) Cost limitation.--The total cost of a project 
                funded under this section may not exceed the cost of 
                repair or reconstruction of a comparable facility 
                unless the Secretary determines that the project 
                incorporates economically justified betterments, 
                including protective features to increase the 
                resilience of the facility.
                  ``(C) Repeatedly damaged facilities.--An application 
                submitted under this section for the permanent repair 
                or reconstruction of a repeatedly damaged facility 
                shall include consideration and, if feasible, 
                incorporation of economically justifiable betterments, 
                including protective features, to increase the 
                resilience of such facility.
          ``(3) Special rule for bridge projects.--In no case shall 
        funds be used under this section for the repair or 
        reconstruction of a bridge--
                  ``(A) that has been permanently closed to all 
                vehicular traffic by the State or responsible local 
                official because of imminent danger of collapse due to 
                a structural deficiency or physical deterioration; or
                  ``(B) if a construction phase of a replacement 
                structure is included in the approved statewide 
                transportation improvement program at the time of an 
                event described in subsection (a).'';
          (5) in subsection (e)--
                  (A) by striking paragraph (1);
                  (B) in paragraph (2) by striking ``subsection 
                (d)(1)'' and inserting ``subsection (c)(1)''; and
                  (C) by redesignating paragraphs (2) and (3), as 
                amended, as paragraphs (1) and (2), respectively;
          (6) by redesignating subsections (c) through (g), as amended, 
        as subsections (b) through (f), respectively; and
          (7) by adding at the end the following:
  ``(g) Imposition of Deadline.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may not require any project funded under 
        this section to advance to the construction obligation stage 
        before the date that is the last day of the sixth fiscal year 
        after the later of--
                  ``(A) the date on which the Governor declared the 
                emergency, as described in subsection (c)(2)(A)(i); or
                  ``(B) the date on which the President declared the 
                emergency to be a major disaster, as described in such 
                subsection.
          ``(2) Extension of deadline.--If the Secretary imposes a 
        deadline for advancement to the construction obligation stage 
        pursuant to paragraph (1), the Secretary may, upon the request 
        of the Governor of the State, issue an extension of not more 
        than 1 year to complete such advancement, and may issue 
        additional extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has provided 
        suitable justification to warrant such an extension.
  ``(h) Hazard Mitigation Pilot Program.--
          ``(1) In general.--The Secretary shall establish a hazard 
        mitigation pilot program for the purpose of mitigating future 
        hazards posed to Federal-aid highways, Federal lands 
        transportation facilities, and Tribal transportation 
        facilities.
          ``(2) Allocation of funds.--
                  ``(A) Authorization of appropriations.--There is 
                authorized to be appropriated such sums as may be 
                necessary for the pilot program established under this 
                subsection.
                  ``(B) Calculation.--Annually, the Secretary shall 
                calculate the total amount of outstanding eligible 
                repair costs under the emergency relief program under 
                this section, including the emergency relief backlog, 
                for each State, territory, and Indian Tribe.
                  ``(C) Allocation.--Any amounts made available under 
                this subsection shall be distributed to each State, 
                territory, or Indian Tribe based on--
                          ``(i) the ratio that the total amount of 
                        outstanding eligible repair costs for such 
                        State, territory, or Indian Tribe, as described 
                        under subparagraph (B); bears to
                          ``(ii) the total amount of outstanding 
                        eligible repair costs for all States, 
                        territories, and Indian Tribes, as described 
                        under subparagraph (B).
                  ``(D) Limitation.--The allocation to a State, 
                territory, or Indian Tribe described under subparagraph 
                (C) shall not exceed 5 percent of the total amount of 
                outstanding eligible repair costs under the emergency 
                relief program for such State, territory, or Indian 
                Tribe, as described in subparagraph (B).
          ``(3) Eligible activities.--Amounts made available under this 
        subsection shall be used for protective features or other 
        hazard mitigation activities that--
                  ``(A) the Secretary determines are cost effective and 
                that reduce the risk of, or increase the resilience to, 
                future damage to existing assets as a result of natural 
                disasters; and
                  ``(B) are eligible under section 124.
          ``(4) Report.--For each fiscal year in which funding is made 
        available for the program under this subsection, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report detailing--
                  ``(A) a description of the activities carried out 
                under the pilot program;
                  ``(B) an evaluation of the effectiveness of the pilot 
                program in meeting purposes described in paragraph (1); 
                and
                  ``(C) policy recommendations to improve the 
                effectiveness of the pilot program.
          ``(5) Sunset.--The authority provided under this subsection 
        shall terminate on October 1, 2025.
  ``(i) Improving the Emergency Relief Program.--Not later than 1 year 
after the date of enactment of the INVEST in America Act, the Secretary 
shall--
          ``(1) revise the emergency relief manual of the Federal 
        Highway Administration--
                  ``(A) to include and reflect the definition of the 
                term `resilience' (as defined in section 101(a));
                  ``(B) to identify procedures that States may use to 
                incorporate resilience into emergency relief projects; 
                and
                  ``(C) to consider economically justified betterments 
                in emergency relief projects, such as--
                          ``(i) protective features that increase the 
                        resilience of the facility; and
                          ``(ii) incorporation of context sensitive 
                        design principles and other planned betterments 
                        that improve the safety of the facility;
          ``(2) consider transportation system access for moderate and 
        low-income families impacted by a major disaster or emergency 
        declared by the President under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170);
          ``(3) develop best practices for improving the use of 
        resilience in--
                  ``(A) the emergency relief program under this 
                section; and
                  ``(B) emergency relief efforts;
          ``(4) provide to division offices of the Federal Highway 
        Administration and State departments of transportation 
        information on the best practices developed under paragraph 
        (2); and
          ``(5) develop and implement a process to track--
                  ``(A) the consideration of resilience as part of the 
                emergency relief program under this section; and
                  ``(B) the costs of emergency relief projects.
  ``(j) Definitions.--In this section:
          ``(1) Comparable facility.--The term `comparable facility' 
        means a facility that meets the current geometric and 
        construction standards required for the types and volume of 
        traffic that the facility will carry over its design life.
          ``(2) Construction phase.--The term `construction phase' 
        means the phase of physical construction of a highway or bridge 
        facility that is separate from any other identified phases, 
        such as planning, design, or right-of-way phases, in the State 
        transportation improvement program.
          ``(3) Open to public travel.--The term `open to public 
        travel' means with respect to a road, that, except during 
        scheduled periods, extreme weather conditions, or emergencies, 
        the road--
                  ``(A) is maintained;
                  ``(B) is open to the general public; and
                  ``(C) can accommodate travel by a standard passenger 
                vehicle, without restrictive gates or prohibitive signs 
                or regulations, other than for general traffic control 
                or restrictions based on size, weight, or class of 
                registration.
          ``(4) Standard passenger vehicle.--The term `standard 
        passenger vehicle' means a vehicle with 6 inches of clearance 
        from the lowest point of the frame, body, suspension, or 
        differential to the ground.''.
  (b) Conforming Amendments.--
          (1) Federal lands and tribal transportation programs.--
        Section 201(c)(8)(A) of title 23, United States Code, is 
        amended by striking ``section 125(e)'' and inserting ``section 
        125(j)''.
          (2) Tribal transportation program.--Section 202(b)(6)(A) of 
        title 23, United States Code, is amended by striking ``section 
        125(e)'' and inserting ``section 125(d)''.
  (c) Repeal.--Section 668.105(h) of title 23, Code of Federal 
Regulations, is repealed.

SEC. 1204. RAILWAY CROSSINGS.

  (a) In General.--Section 130 of title 23, United States Code, is 
amended--
          (1) in the section heading by striking ``Railway-highway 
        crossings'' and inserting ``Railway crossings'';
          (2) in subsection (a)--
                  (A) by striking ``Subject to section 120 and 
                subsection (b) of this section, the entire'' and 
                inserting ``In General.--The'';
                  (B) by striking ``then the entire'' and inserting 
                ``the''; and
                  (C) by striking ``, subject to section 120 and 
                subsection (b) of this section,'';
          (3) by amending subsection (b) to read as follows:
  ``(b) Classification.--
          ``(1) In general.--The construction of projects for the 
        elimination of hazards at railway crossings represents a 
        benefit to the railroad. The Secretary shall classify the 
        various types of projects involved in the elimination of 
        hazards of railway-highway crossings, and shall set for each 
        such classification a percentage of the total project cost that 
        represent the benefit to the railroad or railroads for the 
        purpose of determining the railroad's share of the total 
        project cost. The Secretary shall determine the appropriate 
        classification of each project.
          ``(2) Noncash contributions.--
                  ``(A) In general.--Not more than 5 percent of the 
                cost share described in paragraph (1) may be 
                attributable to noncash contributions of materials and 
                labor furnished by the railroad in connection with the 
                construction of such project.
                  ``(B) Requirement.--The requirements under section 
                200.306 and 200.403(g) of title 2, Code of Federal 
                Regulations (or successor regulations), shall apply to 
                any noncash contributions under this subsection.
          ``(3) Total project cost.--For the purposes of this 
        subsection, the determination of the railroad's share of the 
        total project cost shall include environment, design, right-of-
        way, utility accommodation, and construction phases of the 
        project.'';
          (4) in subsection (c)--
                  (A) by striking ``Any railroad involved'' and 
                inserting ``Benefit.--Any railroad involved'';
                  (B) by striking ``the net benefit'' and inserting 
                ``the cost associated with the benefit''; and
                  (C) by striking ``Such payment may consist in whole 
                or in part of materials and labor furnished by the 
                railroad in connection with the construction of such 
                project.'';
          (5) by striking subsection (e) and inserting the following:
  ``(e) Railway Crossings.--
          ``(1) Eligible activities.--Funds apportioned to a State 
        under section 104(b)(7) may be obligated for the following:
                  ``(A) The elimination of hazards at railway-highway 
                crossings, including technology or protective upgrades.
                  ``(B) Construction or installation of protective 
                devices (including replacement of functionally obsolete 
                protective devices) at railway-highway crossings.
                  ``(C) Infrastructure and noninfrastructure projects 
                and strategies to prevent or reduce suicide or 
                trespasser fatalities and injuries along railroad 
                rights-of-way and at or near railway-highway crossings.
                  ``(D) Projects to mitigate any degradation in the 
                level of access from a highway-grade crossing closure.
                  ``(E) Bicycle and pedestrian railway grade crossing 
                improvements, including underpasses and overpasses.
                  ``(F) Projects eligible under section 22907(c)(5) of 
                title 49, provided that amounts obligated under this 
                subparagraph--
                          ``(i) shall be administered by the Secretary 
                        in accordance with such section as if such 
                        amounts were made available to carry out such 
                        section; and
                          ``(ii) may be used to pay up to 90 percent of 
                        the non-Federal share of the cost of a project 
                        carried out under such section.
          ``(2) Special rule.--If a State demonstrates to the 
        satisfaction of the Secretary that the State has met all its 
        needs for installation of protective devices at railway-highway 
        crossings, the State may use funds made available by this 
        section for other highway safety improvement program 
        purposes.'';
          (6) by striking subsection (f) and inserting the following:
  ``(f) Federal Share.--Notwithstanding section 120, the Federal share 
payable on account of any project financed with funds made available to 
carry out subsection (e) shall be up to 90 percent of the cost 
thereof.'';
          (7) by striking subsection (g) and inserting the following:
  ``(g) Report.--
          ``(1) State report.--
                  ``(A) In general.--Not later than 2 years after the 
                date of enactment of the INVEST in America Act, and at 
                least biennially thereafter, each State shall submit to 
                the Secretary a report on the progress being made to 
                implement the railway crossings program authorized by 
                this section and the effectiveness of projects to 
                improve railway crossing safety.
                  ``(B) Contents.--Each State report under subparagraph 
                (A) shall contain an assessment of the costs of the 
                various treatments employed and subsequent accident 
                experience at improved locations.
          ``(2) Departmental report.--
                  ``(A) In general.--Not later than 180 days after the 
                deadline for the submission of a report under paragraph 
                (1)(A), the Secretary shall publish on the website of 
                the Department of Transportation a report on the 
                progress being made by the State in implementing 
                projects to improve railway crossings.
                  ``(B) Contents.--The report under subparagraph (A) 
                shall include--
                          ``(i) the number of projects undertaken;
                          ``(ii) distribution of such projects by cost 
                        range, road system, nature of treatment, and 
                        subsequent accident experience at improved 
                        locations;
                          ``(iii) an analysis and evaluation of each 
                        State program;
                          ``(iv) the identification of any State found 
                        not to be in compliance with the schedule of 
                        improvements required by subsection (d); and
                          ``(v) recommendations for future 
                        implementation of the railway crossings 
                        program.'';
          (8) in subsection (j)--
                  (A) in the heading by inserting ``and Pedestrian'' 
                after ``Bicycle''; and
                  (B) by inserting ``and pedestrian'' after 
                ``bicycle''; and
          (9) in subsection (l)--
                  (A) in paragraph (1) by striking ``Not later than'' 
                and all that follows through ``each State'' and 
                inserting ``Not later than 6 months after a new railway 
                crossing becomes operational, each State''; and
                  (B) in paragraph (2) by striking ``On a periodic'' 
                and all that follows through ``every year thereafter'' 
                and inserting ``On or before September 30 of each 
                year''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by amending the item relating to section 
130 to read as follows:

``130. Railway crossings.''.

  (c) GAO Study.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report that includes an analysis of the effectiveness of the 
railway crossing program under section 130 of title 23, United States 
Code.
  (d) Sense of Congress Relating to Trespasser Deaths Along Railroad 
Rights-of-Way.--It is the sense of Congress that the Department of 
Transportation should, where feasible, coordinate departmental efforts 
to prevent or reduce trespasser deaths along railroad rights-of-way and 
at or near railway-highway crossings.

SEC. 1205. SURFACE TRANSPORTATION PROGRAM.

  (a) In General.--Section 133 of title 23, United States Code, is 
amended--
          (1) in the heading by striking ``block grant'';
          (2) in subsection (a) by striking ``block grant'';
          (3) in subsection (b)--
                  (A) by striking ``block grant'';
                  (B) in paragraph (1)(B) by inserting ``, except that 
                for the purposes of this section hovercraft and 
                terminal facilities for hovercraft engaging in water 
                transit for passengers or vehicles shall be considered 
                ferry boats and ferry terminal facilities eligible 
                under section 129(c)'' after ``section 129(c)'';
                  (C) in paragraph (4) by striking ``railway-highway 
                grade crossings'' and inserting ``projects eligible 
                under section 130 and installation of safety barriers 
                and nets on bridges'';
                  (D) in paragraph (6)--
                          (i) by striking ``Recreational'' and 
                        inserting ``Transportation alternatives 
                        projects eligible under subsection (h), 
                        recreational''; and
                          (ii) by striking ``1404 of SAFETEA-LU (23 
                        U.S.C. 402 note)'' and inserting ``211'';
                  (E) in paragraph (12) by striking ``travel'' and 
                inserting ``transportation''; and
                  (F) by adding at the end the following:
          ``(16) Protective features (including natural infrastructure 
        and vegetation control and clearance) to enhance the resilience 
        of a transportation facility otherwise eligible for assistance 
        under this section.
          ``(17) Projects to reduce greenhouse gas emissions eligible 
        under section 171, including the installation of electric 
        vehicle charging infrastructure.
          ``(18) Projects and strategies to reduce vehicle-caused 
        wildlife mortality related to, or to restore and maintain 
        connectivity among terrestrial or aquatic habitats affected by, 
        a transportation facility otherwise eligible for assistance 
        under this section.
          ``(19) A surface transportation project carried out in 
        accordance with the national travel and tourism infrastructure 
        strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 
        301 note).
          ``(20) roads in rural areas that primarily serve to transport 
        agricultural products from a farm or ranch to a marketplace.
          ``(21) The removal, retrofit, repurposing, remediation, or 
        replacement of a highway or other transportation facility that 
        creates a barrier to community connectivity to improve access 
        for multiple modes of transportation.'';
          (4) in subsection (c)--
                  (A) by striking ``block grant'' and inserting 
                ``program'';
                  (B) by striking paragraph (3) and inserting the 
                following:
          ``(3) for a project described in--
                  ``(A) subsection (h); or
                  ``(B) section 101(a)(29), as in effect on the day 
                before the date of enactment of the FAST Act;'';
                  (C) by redesignating paragraph (4) as paragraph (5); 
                and
                  (D) by inserting after paragraph (3) the following:
          ``(4) for a project described in section 5308 of title 49; 
        and'';
          (5) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) by inserting ``each fiscal year'' after 
                        ``apportioned to a State'';
                          (ii) by striking ``the reservation of'' and 
                        inserting ``setting aside''; and
                          (iii) in subparagraph (A)--
                                  (I) by striking ``the percentage 
                                specified in paragraph (6) for a fiscal 
                                year'' and inserting ``57 percent for 
                                fiscal year 2023, 58 percent for fiscal 
                                year 2024, 59 percent for fiscal year 
                                2025, and 60 percent for fiscal year 
                                2026'';
                                  (II) in clause (i) by striking ``of 
                                over'' and inserting ``greater than''; 
                                and
                                  (III) by striking clauses (ii) and 
                                (iii) and inserting the following:
                          ``(ii) in urbanized areas of the State with 
                        an urbanized area population greater than 
                        49,999 and less than 200,001;
                          ``(iii) in urban areas of the State with a 
                        population greater than 4,999 and less than 
                        50,000; and
                          ``(iv) in other areas of the State with a 
                        population less than 5,000; and'';
                  (B) by striking paragraph (3) and inserting the 
                following:
          ``(3) Local coordination and consultation.--
                  ``(A) Coordination with metropolitan planning 
                organizations.--For purposes of paragraph (1)(A)(ii), a 
                State shall--
                          ``(i) establish a process to coordinate with 
                        all metropolitan planning organizations in the 
                        State that represent an urbanized area 
                        described in such paragraph; and
                          ``(ii) describe how funds described under 
                        paragraph (1)(A)(ii) will be allocated 
                        equitably among such urbanized areas during the 
                        period of fiscal years 2023 through 2026.
                  ``(B) Joint responsibility.--Each State and the 
                Secretary shall jointly ensure compliance with 
                subparagraph (A).
                  ``(C) Consultation with regional transportation 
                planning organizations.--For purposes of clauses (iii) 
                and (iv) of paragraph (1)(A), before obligating funding 
                attributed to an area with a population less than 
                50,000, a State shall consult with the regional 
                transportation planning organizations that represent 
                the area, if any.'';
                  (C) in the heading for paragraph (4) by striking 
                ``over 200,000'' and inserting ``greater than 
                200,000'';
                  (D) by striking paragraph (6) and inserting the 
                following:
          ``(6) Technical assistance.--
                  ``(A) In general.--The State and all metropolitan 
                planning organizations in the State that represent an 
                urbanized area with a population of greater than 
                200,000 may jointly establish a program to improve the 
                ability of applicants to deliver projects under this 
                subsection in an efficient and expeditious manner and 
                reduce the period of time between the selection of the 
                project and the obligation of funds for the project by 
                providing--
                          ``(i) technical assistance and training to 
                        applicants for projects under this subsection; 
                        and
                          ``(ii) funding for one or more full-time 
                        State, regional, or local government employee 
                        positions to administer this subsection.
                  ``(B) Eligible funds.--To carry out this paragraph, a 
                State or metropolitan planning organization may use 
                funds made available under paragraphs (2) or (6) of 
                section 104(b)
                  ``(C) Use of funds.--Amounts used under this 
                paragraph may be expended--
                          ``(i) directly by the State or metropolitan 
                        planning organization; or
                          ``(ii) through contracts with State agencies, 
                        private entities, or nonprofit 
                        organizations.'';
          (6) in subsection (e)--
                  (A) in paragraph (1)--
                          (i) by striking ``over 200,000'' and 
                        inserting ``greater than 200,000''; and
                          (ii) by striking ``2016 through 2020'' and 
                        inserting ``2023 through 2026''; and
                  (B) by adding at the end the following:
          ``(3) Annual amounts.--To the extent practicable, each State 
        shall annually notify each affected metropolitan planning 
        organization as to the amount of obligation authority that will 
        be made available under paragraph (1) to each affected 
        metropolitan planning organization for the fiscal year.'';
          (7) by striking subsection (f) and inserting the following:
  ``(f) Bridges Not on Federal-Aid Highways.--
          ``(1) Definition of off-system bridge.--In this subsection, 
        the term `off-system bridge' means a bridge located on a public 
        road, other than a bridge on a Federal-aid highway.
          ``(2) Special rule.--
                  ``(A) Set aside.--Of the amounts apportioned to a 
                State for each fiscal year under this section other 
                than the amounts described in subparagraph (C), the 
                State shall obligate for activities described in 
                subsection (b)(2) (as in effect on the day before the 
                date of enactment of the FAST Act) for off-system 
                bridges an amount that is not less than 20 percent of 
                the amounts available to such State under this section 
                in fiscal year 2020, not including the amounts 
                described in subparagraph (C).
                  ``(B) Reduction of expenditures.--The Secretary, 
                after consultation with State and local officials, may 
                reduce the requirement for expenditures for off-system 
                bridges under subparagraph (A) with respect to the 
                State if the Secretary determines that the State has 
                inadequate needs to justify the expenditure.
                  ``(C) Limitations.--The following amounts shall not 
                be used for the purposes of meeting the requirements of 
                subparagraph (A):
                          ``(i) Amounts described in section 
                        133(d)(1)(A).
                          ``(ii) Amounts set aside under section 
                        133(h).
                          ``(iii) Amounts described in section 505(a).
          ``(3) Credit for bridges not on federal-aid highways.--
        Notwithstanding any other provision of law, with respect to any 
        project not on a Federal-aid highway for the replacement of a 
        bridge or rehabilitation of a bridge that is wholly funded from 
        State and local sources, is eligible for Federal funds under 
        this section, is certified by the State to have been carried 
        out in accordance with all standards applicable to such 
        projects under this section, and is determined by the Secretary 
        upon completion to be no longer a deficient bridge--
                  ``(A) any amount expended after the date of enactment 
                of this subsection from State and local sources for the 
                project in excess of 20 percent of the cost of 
                construction of the project may be credited to the non-
                Federal share of the cost of other bridge projects in 
                the State that are eligible for Federal funds under 
                this section; and
                  ``(B) that crediting shall be conducted in accordance 
                with procedures established by the Secretary.''; and
          (8) in subsection (g)--
                  (A) in the heading by striking ``5,000'' and 
                inserting ``50,000''; and
                  (B) in paragraph (1) by striking ``subsection 
                (d)(1)(A)(ii)'' and all that follows through the period 
                at the end and inserting ``clauses (iii) and (iv) of 
                subsection (d)(1)(A) for each fiscal year may be 
                obligated on roads functionally classified as rural 
                minor collectors or local roads or on critical rural 
                freight corridors designated under section 167(e).''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
133 and inserting the following:

``133. Surface transportation program.''.

  (c) Conforming Amendments.--
          (1) Advance acquisition of real property.--Section 108(c) of 
        title 23, United States Code, is amended--
                  (A) in paragraph (2)(A) by striking ``block grant''; 
                and
                  (B) in paragraph (3) by striking ``block grant''.
          (2) Public transportation.--Section 142(e)(2) of title 23, 
        United States Code, is amended by striking ``block grant''.
          (3) Highway use tax evasion projects.--Section 143(b)(8) of 
        title 23, United States Code, is amended in the heading by 
        striking ``block grant''.
          (4) Congestion mitigation and air quality improvement 
        program.--Section 149(d) of title 23, United States Code, is 
        amended--
                  (A) in paragraph (1)(B) by striking ``block grant''; 
                and
                  (B) in paragraph (2)(A) by striking ``block grant''.
          (5) Territorial and puerto rico highway program.--Section 165 
        of title 23, United States Code, is amended--
                  (A) in subsection (b)(2)(A)(ii) by striking ``block 
                grant'' each time such term appears; and
                  (B) in subsection (c)(6)(A)(i) by striking ``block 
                grant''.
          (6) Magnetic levitation transportation technology deployment 
        program.--Section 322(h)(3) of title 23, United States Code, is 
        amended by striking ``block grant''.
          (7) Training and education.--Section 504(a)(4) of title 23, 
        United States Code, is amended by striking ``block grant''.

SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.

  Section 133(h) of title 23, United States Code, is amended to read as 
follows:
  ``(h) Transportation Alternatives Program Set-Aside.--
          ``(1) Set aside.--For each fiscal year, of the total funds 
        apportioned to all States under section 104(b)(2) for a fiscal 
        year, the Secretary shall set aside an amount such that--
                  ``(A) the Secretary sets aside a total amount under 
                this subsection for a fiscal year equal to 10 percent 
                of such total funds; and
                  ``(B) the State's share of the amount set aside under 
                subparagraph (A) is determined by multiplying the 
                amount set aside under subparagraph (A) by the ratio 
                that--
                          ``(i) the amount apportioned to the State for 
                        the transportation enhancement program for 
                        fiscal year 2009 under section 133(d)(2), as in 
                        effect on the day before the date of enactment 
                        of MAP-21; bears to
                          ``(ii) the total amount of funds apportioned 
                        to all States for the transportation 
                        enhancements program for fiscal year 2009.
          ``(2) Allocation within a state.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), funds set aside for a State under paragraph (1) 
                shall be obligated within that State in the manner 
                described in subsections (d) and (e), except that, for 
                purposes of this paragraph (after funds are made 
                available under paragraph (5))--
                          ``(i) for each fiscal year, the percentage 
                        referred to in paragraph (1)(A) of subsection 
                        (d) shall be deemed to be 66 percent; and
                          ``(ii) paragraph (3) of subsection (d) shall 
                        not apply.
                  ``(B) Local control.--
                          ``(i) In general.--A State may make available 
                        up to 100 percent of the funds set aside under 
                        paragraph (1) to the entities described in 
                        subclause (I) if the State submits to the 
                        Secretary, and the Secretary approves, a plan 
                        that describes--
                                  ``(I) how such funds shall be made 
                                available to metropolitan planning 
                                organizations, regional transportation 
                                planning organizations, counties, or 
                                other regional transportation 
                                authorities;
                                  ``(II) how the entities described in 
                                subclause (I) shall select projects for 
                                funding and how such entities shall 
                                report selected projects to the State;
                                  ``(III) the legal, financial, and 
                                technical capacity of such entities; 
                                and
                                  ``(IV) the procedures in place to 
                                ensure such entities comply with the 
                                requirements of this title.
                          ``(ii) Requirement.--A State that makes 
                        funding available under a plan approved under 
                        this subparagraph shall make available an 
                        equivalent amount of obligation authority to an 
                        entity described in clause (i)(I) to whom funds 
                        are made available under this subparagraph.
          ``(3) Eligible projects.--Funds set aside under this 
        subsection may be obligated for any of the following projects 
        or activities:
                  ``(A) Construction, planning, and design of on-road 
                and off-road trail facilities for pedestrians, 
                bicyclists, and other nonmotorized forms of 
                transportation, including sidewalks, bicycle 
                infrastructure, pedestrian and bicycle signals, traffic 
                calming techniques, lighting and other safety-related 
                infrastructure, and transportation projects to achieve 
                compliance with the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.).
                  ``(B) Construction, planning, and design of 
                infrastructure-related projects and systems that will 
                provide safe routes for nondrivers, including children, 
                older adults, and individuals with disabilities to 
                access daily needs.
                  ``(C) Conversion and use of abandoned railroad 
                corridors for trails for pedestrians, bicyclists, or 
                other nonmotorized transportation users.
                  ``(D) Construction of turnouts, overlooks, and 
                viewing areas.
                  ``(E) Community improvement activities, including--
                          ``(i) inventory, control, or removal of 
                        outdoor advertising;
                          ``(ii) historic preservation and 
                        rehabilitation of historic transportation 
                        facilities;
                          ``(iii) vegetation management practices in 
                        transportation rights-of-way to improve roadway 
                        safety, prevent against invasive species, 
                        facilitate wildfire control, and provide 
                        erosion control; and
                          ``(iv) archaeological activities relating to 
                        impacts from implementation of a transportation 
                        project eligible under this title.
                  ``(F) Any environmental mitigation activity, 
                including pollution prevention and pollution abatement 
                activities and mitigation to address stormwater 
                management, control, and water pollution prevention or 
                abatement related to highway construction or due to 
                highway runoff, including activities described in 
                sections 328(a) and 329.
                  ``(G) Projects and strategies to reduce vehicle-
                caused wildlife mortality related to, or to restore and 
                maintain connectivity among terrestrial or aquatic 
                habitats affected by, a transportation facility 
                otherwise eligible for assistance under this 
                subsection.
                  ``(H) The recreational trails program under section 
                206.
                  ``(I) The safe routes to school program under section 
                211.
                  ``(J) Activities in furtherance of a vulnerable road 
                user assessment described in section 148.
                  ``(K) Any other projects or activities described in 
                section 101(a)(29) or section 213, as such sections 
                were in effect on the day before the date of enactment 
                of the FAST Act (Public Law 114-94).
          ``(4) Access to funds.--
                  ``(A) In general.--A State, metropolitan planning 
                organization required to obligate funds in accordance 
                with paragraph (2)(A), or an entity required to 
                obligate funds in accordance with paragraph (2)(B) 
                shall develop a competitive process to allow eligible 
                entities to submit projects for funding that achieve 
                the objectives of this subsection. A metropolitan 
                planning organization for an area described in 
                subsection (d)(1)(A)(i) shall select projects under 
                such process in consultation with the relevant State.
                  ``(B) Priority.--The processes described in 
                subparagraph (A) shall prioritize project location and 
                impact in low-income, transit-dependent, or other high-
                need areas.
                  ``(C) Eligible entity defined.--In this paragraph, 
                the term `eligible entity' means--
                          ``(i) a local government, including a county 
                        or multi-county special district;
                          ``(ii) a regional transportation authority;
                          ``(iii) a transit agency;
                          ``(iv) a natural resource or public land 
                        agency;
                          ``(v) a school district, local education 
                        agency, or school;
                          ``(vi) a tribal government;
                          ``(vii) a metropolitan planning organization 
                        that serves an urbanized area with a population 
                        of 200,000 or fewer;
                          ``(viii) a nonprofit organization carrying 
                        out activities related to transportation;
                          ``(ix) any other local or regional 
                        governmental entity with responsibility for or 
                        oversight of transportation or recreational 
                        trails (other than a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of over 200,000 or a State agency) 
                        that the State determines to be eligible, 
                        consistent with the goals of this subsection; 
                        and
                          ``(x) a State, at the request of any entity 
                        listed in clauses (i) through (ix).
          ``(5) Continuation of certain recreational trails projects.--
                  ``(A) In general.--For each fiscal year, a State 
                shall--
                          ``(i) obligate an amount of funds set aside 
                        under this subsection equal to 175 percent of 
                        the amount of the funds apportioned to the 
                        State for fiscal year 2009 under section 
                        104(h)(2), as in effect on the day before the 
                        date of enactment of MAP-21, for projects 
                        relating to recreational trails under section 
                        206;
                          ``(ii) return 1 percent of the funds 
                        described in clause (i) to the Secretary for 
                        the administration of such program; and
                          ``(iii) comply with the provisions of the 
                        administration of the recreational trails 
                        program under section 206, including the use of 
                        apportioned funds described in subsection 
                        (d)(3)(A) of such section.
                  ``(B) State flexibility.--A State may opt out of the 
                recreational trails program under this paragraph if the 
                Governor of the State notifies the Secretary not later 
                than 30 days prior to the date on which an 
                apportionment is made under section 104 for any fiscal 
                year.
          ``(6) Improving accessibility and efficiency.--
                  ``(A) In general.--A State may use an amount equal to 
                not more than 5 percent of the funds set aside for the 
                State under this subsection, after allocating funds in 
                accordance with paragraph (2)(A), to improve the 
                ability of applicants to access funding for projects 
                under this subsection in an efficient and expeditious 
                manner by providing--
                          ``(i) to applicants for projects under this 
                        subsection application assistance, technical 
                        assistance, and assistance in reducing the 
                        period of time between the selection of the 
                        project and the obligation of funds for the 
                        project; and
                          ``(ii) funding for one or more full-time 
                        State employee positions to administer this 
                        subsection.
                  ``(B) Use of funds.--Amounts used under subparagraph 
                (A) may be expended--
                          ``(i) directly by the State; or
                          ``(ii) through contracts with State agencies, 
                        private entities, or nonprofit entities.
                  ``(C) Improving project delivery.--
                          ``(i) In general.--The Secretary shall take 
                        such action as may be necessary, consistent 
                        with Federal requirements, to facilitate 
                        efficient and timely delivery of projects under 
                        this subsection that are small, low impact, and 
                        constructed within an existing built 
                        environment.
                          ``(ii) Considerations.--The Secretary shall 
                        consider the use of programmatic agreements, 
                        expedited or alternative procurement processes 
                        (including project bundling), and other 
                        effective practices to facilitate the goals of 
                        this paragraph.
          ``(7) Federal share.--
                  ``(A) Flexible match.--
                          ``(i) In general.--Notwithstanding section 
                        120--
                                  ``(I) the non-Federal share for a 
                                project under this subsection may be 
                                calculated on a project, multiple-
                                project, or program basis; and
                                  ``(II) the Federal share of the cost 
                                of an individual project in this 
                                subsection may be up to 100 percent.
                          ``(ii) Aggregate non-federal share.--The 
                        average annual non-Federal share of the total 
                        cost of all projects for which funds are 
                        obligated under this subsection in a State for 
                        a fiscal year shall be not less than the non-
                        Federal share authorized for the State under 
                        section 120.
                          ``(iii) Requirement.--This subparagraph shall 
                        only apply to a State if such State has 
                        adequate financial controls, as certified by 
                        the Secretary, to account for the average 
                        annual non-Federal share under this 
                        subparagraph.
                  ``(B) Safety projects.--Notwithstanding section 120, 
                funds made available to carry out section 148 may be 
                credited toward the non-Federal share of the costs of a 
                project under this subsection if the project--
                          ``(i) is a project described in section 
                        148(e)(1); and
                          ``(ii) is consistent with the State strategic 
                        highway safety plan (as defined in section 
                        148(a)).
          ``(8) Flexibility.--
                  ``(A) State authority.--
                          ``(i) In general.--A State may use not more 
                        than 50 percent of the funds set aside under 
                        this subsection that are available for 
                        obligation in any area of the State 
                        (suballocated consistent with the requirements 
                        of subsection (d)(1)(B)) for any purpose 
                        eligible under subsection (b).
                          ``(ii) Restriction.--Funds may be used as 
                        described in clause (i) only if the State 
                        demonstrates to the Secretary--
                                  ``(I) that the State held a 
                                competition in compliance with the 
                                requirements of this subsection in such 
                                form as the Secretary determines 
                                appropriate;
                                  ``(II) that the State offered 
                                technical assistance to all eligible 
                                entities and provided such assistance 
                                upon request by an eligible entity; and
                                  ``(III) that there were not 
                                sufficient suitable applications from 
                                eligible entities to use the funds 
                                described in clause (i).
                  ``(B) MPO authority.--
                          ``(i) In general.--A metropolitan planning 
                        organization that represents an urbanized area 
                        with a population of greater than 200,000 may 
                        use not more than 50 percent of the funds set 
                        aside under this subsection for an urbanized 
                        area described in subsection (d)(1)(A)(i) for 
                        any purpose eligible under subsection (b).
                          ``(ii) Restriction.--Funds may be used as 
                        described in clause (i) only if the Secretary 
                        certifies that the metropolitan planning 
                        organization--
                                  ``(I) held a competition in 
                                compliance with the requirements of 
                                this subsection in such form as the 
                                Secretary determines appropriate; and
                                  ``(II) demonstrates that there were 
                                not sufficient suitable applications 
                                from eligible entities to use the funds 
                                described in clause (i).
          ``(9) Annual reports.--
                  ``(A) In general.--Each State or metropolitan 
                planning organization responsible for carrying out the 
                requirements of this subsection shall submit to the 
                Secretary an annual report that describes--
                          ``(i) the number of project applications 
                        received for each fiscal year, including--
                                  ``(I) the aggregate cost of the 
                                projects for which applications are 
                                received; and
                                  ``(II) the types of projects by 
                                eligibility category to be carried out, 
                                expressed as percentages of the total 
                                apportionment of the State under this 
                                subsection; and
                          ``(ii) the list of each project selected for 
                        funding for each fiscal year, including 
                        specifying the fiscal year for which the 
                        project was selected, the fiscal year in which 
                        the project is anticipated to be funded, the 
                        recipient, the funding sources (including non-
                        Federal match), the project status, the 
                        specific location, the congressional district, 
                        the type by eligibility category, and a brief 
                        description.
                  ``(B) Public availability.--The Secretary shall make 
                available to the public, in a user-friendly format on 
                the website of the Department of Transportation, a copy 
                of each annual report submitted under subparagraph 
                (A).''.

SEC. 1207. BRIDGE INVESTMENT.

  (a) In General.--Section 144 of title 23, United States Code, is 
amended--
          (1) in the section heading by striking ``National bridge and 
        tunnel inventory and inspection standards'' and inserting 
        ``Bridges and tunnels'';
          (2) in subsection (a)(1)(B) by striking ``deficient'';
          (3) in subsection (b)(5) by striking ``structurally deficient 
        bridge'' and inserting ``bridge classified as in poor 
        condition'';
          (4) in subsection (d)--
                  (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of the MAP-21, each'' 
                and inserting ``Each''; and
                  (B) by striking paragraph (4);
          (5) in subsection (j)--
                  (A) in paragraph (2) by inserting ``, 124,'' after 
                ``section 119'';
                  (B) in paragraph (3)(A) by inserting ``, 124,'' after 
                ``section 119''; and
                  (C) in paragraph (5) by striking ``financial 
                characteristics'' and all that follows through the end 
                and inserting ``Federal share.''; and
          (6) by adding at the end the following:
  ``(l) Highway Bridge Replacement and Rehabilitation.--
          ``(1) Goals.--The goals of this subsection shall be to--
                  ``(A) support the achievement of a state of good 
                repair for the Nation's bridges;
                  ``(B) improve the safety, efficiency, and reliability 
                of the movement of people and freight over bridges; and
                  ``(C) improve the condition of bridges in the United 
                States by reducing--
                          ``(i) the number of bridges--
                                  ``(I) in poor condition; or
                                  ``(II) in fair condition and at risk 
                                of falling into poor condition;
                          ``(ii) the total person miles traveled over 
                        bridges--
                                  ``(I) in poor condition; or
                                  ``(II) in fair condition and at risk 
                                of falling into poor condition;
                          ``(iii) the number of bridges that--
                                  ``(I) do not meet current geometric 
                                design standards; or
                                  ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                          ``(iv) the total person miles traveled over 
                        bridges that--
                                  ``(I) do not meet current geometric 
                                design standards; or
                                  ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network.
          ``(2) Bridges on public roads.--
                  ``(A) Minimum bridge investment.--Excluding the 
                amounts described in subparagraph (C), of the total 
                funds apportioned to a State under paragraphs (1) and 
                (2) of section 104(b) for fiscal years 2023 to 2026, a 
                State shall obligate not less than 20 percent for 
                projects described in subparagraph (E).
                  ``(B) Program flexibility.--A State required to 
                obligate funds under subparagraph (A) may use any 
                combination of funds apportioned to a State under 
                paragraphs (1) and (2) of section 104(b).
                  ``(C) Limitation.--Amounts described below may not be 
                used for the purposes of calculating or meeting the 
                minimum bridge investment requirement under 
                subparagraph (A)--
                          ``(i) amounts described in section 
                        133(d)(1)(A);
                          ``(ii) amounts set aside under section 
                        133(h); and
                          ``(iii) amounts described in section 505(a).
                  ``(D) Rule of construction.--Nothing in this section 
                shall be construed to prohibit the expenditure of funds 
                described in subparagraph (C) for bridge projects 
                eligible under such section.
                  ``(E) Eligible projects.--Funds required to be 
                obligated in accordance with paragraph (2)(A) may be 
                obligated for projects or activities that--
                          ``(i) are otherwise eligible under either 
                        section 119 or section 133, as applicable;
                          ``(ii) support the achievement of performance 
                        targets of the State established under section 
                        150, are consistent with the transportation 
                        asset management plan of the State, or provide 
                        support for the condition and performance of 
                        bridges on public roads within the State; and
                          ``(iii) remove, replace, reconstruct, 
                        rehabilitate, preserve, or protect a bridge 
                        included on the national bridge inventory 
                        authorized by subsection (b), including 
                        through--
                                  ``(I) seismic retrofits;
                                  ``(II) systematic preventive 
                                maintenance;
                                  ``(III) installation of scour 
                                countermeasures;
                                  ``(IV) the use of innovative 
                                materials that extend the service life 
                                of the bridge and reduce preservation 
                                costs, as compared to conventionally 
                                designed and constructed bridges;
                                  ``(V) the use of nontraditional 
                                production techniques, including 
                                factory prefabrication;
                                  ``(VI) painting for purposes of 
                                bridge protection;
                                  ``(VII) application of calcium 
                                magnesium acetate, sodium acetate/
                                formate, or other environmentally 
                                acceptable, minimally corrosive anti-
                                icing and deicing compositions;
                                  ``(VIII) corrosion control;
                                  ``(IX) construction of protective 
                                features (including natural 
                                infrastructure) alone or in combination 
                                with other activities eligible under 
                                this paragraph to enhance resilience of 
                                a bridge;
                                  ``(X) bridge security 
                                countermeasures;
                                  ``(XI) impact protection measures for 
                                bridges;
                                  ``(XII) inspection and evaluation of 
                                bridges;
                                  ``(XIII) training for bridge 
                                inspectors consistent with subsection 
                                (i); and
                                  ``(XIV) removal of a bridge 
                                classified as in poor condition in 
                                order to improve community 
                                connectivity.
                  ``(F) Bundles of projects.--A State may use a bundle 
                of projects as described in subsection (j) to satisfy 
                the requirements of subparagraph (A), if each project 
                in the bundle is otherwise eligible under subparagraph 
                (E).
                  ``(G) Flexibility.--The Secretary may, at the request 
                of a State, reduce the required obligation under 
                subparagraph (A) if--
                          ``(i) the reduction is consistent with a 
                        State's asset management plan for the National 
                        Highway System;
                          ``(ii) the reduction will not limit a State's 
                        ability to meet its performance targets under 
                        section 150 or to improve the condition and 
                        performance of bridges on public roads within 
                        the State; and
                          ``(iii) the State demonstrates that it has 
                        inadequate needs to justify the expenditure.
                  ``(H) Bridge investment report.--The Secretary shall 
                annually publish on the website of the Department of 
                Transportation a bridge investment report that 
                includes--
                          ``(i) the total Federal funding obligated for 
                        bridge projects in the most recent fiscal year, 
                        on a State-by-State basis and broken out by 
                        Federal program;
                          ``(ii) the total Federal funding obligated, 
                        on a State-by-State basis and broken out by 
                        Federal program, for bridge projects carried 
                        out pursuant to the minimum bridge investment 
                        requirements under subparagraph (A);
                          ``(iii) the progress made by each State 
                        toward meeting the minimum bridge investment 
                        requirement under subparagraph (A) for such 
                        State, both cumulatively and for the most 
                        recent fiscal year;
                          ``(iv) a summary of--
                                  ``(I) each request made under 
                                subparagraph (G) by a State for a 
                                reduction in the minimum bridge 
                                investment requirement under 
                                subparagraph (A); and
                                  ``(II) for each request described in 
                                subclause (I) that is granted by the 
                                Secretary--
                                          ``(aa) the percentage and 
                                        dollar amount of the reduction; 
                                        and
                                          ``(bb) an explanation of how 
                                        the State met each of the 
                                        criteria described in 
                                        subparagraph (G); and
                          ``(v) a summary of--
                                  ``(I) each request made by a State 
                                for a reduction in the obligation 
                                requirements under section 133(f); and
                                  ``(II) for each request that is 
                                granted by the Secretary--
                                          ``(aa) the percentage and 
                                        dollar amount of the reduction; 
                                        and
                                          ``(bb) an explanation of how 
                                        the Secretary made the 
                                        determination under section 
                                        133(f)(2)(B).
                  ``(I) Off-system bridges.--A State may apply amounts 
                obligated under this subsection or section 133(f)(2)(A) 
                to the obligation requirements of both this subsection 
                and section 133(f).
                  ``(J) NHS penalty.--A State may apply amounts 
                obligated under this subsection or section 119(f)(2) to 
                the obligation requirements of both this subsection and 
                section 119(f)(2).
                  ``(K) Compliance.--If a State fails to satisfy the 
                requirements of subparagraph (A) by the end of fiscal 
                year 2025, the Secretary may subject the State to 
                appropriate program sanctions under section 1.36 of 
                title 23, Code of Federal Regulations (or successor 
                regulations).''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
144 and inserting the following:

``144. Bridges and tunnels.''.

SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

  Section 147 of title 23, United States Code, is amended--
          (1) by striking subsection (h); and
          (2) by redesignating subsections (i) and (j) as subsections 
        (h) and (i), respectively.

SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

  (a) In General.--Section 148 of title 23, United States Code, is 
amended--
          (1) in subsection (a)--
                  (A) in paragraph (4)(B)--
                          (i) by striking ``only includes a project'' 
                        and inserting ``includes a project'';
                          (ii) in clause (xiii) by inserting ``, 
                        including the development of a vulnerable road 
                        user safety assessment or a vision zero plan 
                        under section 1601 of the INVEST in America 
                        Act'' after ``safety planning'';
                          (iii) by amending clause (xviii) to read as 
                        follows:
                          ``(xviii) Safe routes to school 
                        infrastructure-related projects eligible under 
                        section 211.'';
                          (iv) in clause (xxvi) by inserting ``or 
                        leading pedestrian intervals'' after ``hybrid 
                        beacons''; and
                          (v) by striking clause (xxviii) and inserting 
                        the following:
                          ``(xxviii) A pedestrian security feature 
                        designed to slow or stop a motor vehicle.
                          ``(xxix) Installation of infrastructure 
                        improvements, including sidewalks, crosswalks, 
                        signage, and bus stop shelters or protected 
                        waiting areas.'';
                  (B) in paragraph (11)--
                          (i) in subparagraph (A)--
                                  (I) in clause (ix) by striking 
                                ``and'' at the end;
                                  (II) by redesignating clause (x) as 
                                clause (xi); and
                                  (III) by inserting after clause (ix) 
                                the following:
                          ``(x) State or local representatives of 
                        educational agencies to address safe routes to 
                        school and schoolbus safety; and'';
                          (ii) in subparagraph (E) by inserting 
                        ``Tribal,'' after ``State,'';
                          (iii) by redesignating subparagraphs (G), 
                        (H), and (I) as subparagraphs (H), (I), and 
                        (J), respectively; and
                          (iv) by inserting after subparagraph (F) the 
                        following:
                  ``(G) includes a vulnerable road user safety 
                assessment described under paragraph (16);'';
                  (C) by redesignating paragraphs (10), (11), and (12) 
                as paragraphs (12), (13), and (14), respectively;
                  (D) by inserting after paragraph (9) the following:
          ``(10) Safe system approach.--The term `safe system approach' 
        means a roadway design that emphasizes minimizing the risk of 
        injury or fatality to road users and that--
                  ``(A) takes into consideration the possibility and 
                likelihood of human error;
                  ``(B) accommodates human injury tolerance by taking 
                into consideration likely crash types, resulting impact 
                forces, and the human body's ability to withstand such 
                forces; and
                  ``(C) takes into consideration vulnerable road users.
          ``(11) Specified safety project.--
                  ``(A) In general.--The term `specified safety 
                project' means a project carried out for the purpose of 
                safety under any other section of this title that is 
                consistent with the State strategic highway safety 
                plan.
                  ``(B) Inclusion.--The term `specified safety project' 
                includes a project that--
                          ``(i) promotes public awareness and informs 
                        the public regarding highway safety matters 
                        (including safety for motorcyclists, 
                        bicyclists, pedestrians, individuals with 
                        disabilities, and other road users);
                          ``(ii) facilitates enforcement of traffic 
                        safety laws;
                          ``(iii) provides infrastructure and 
                        infrastructure-related equipment to support 
                        emergency services;
                          ``(iv) conducts safety-related research to 
                        evaluate experimental safety countermeasures or 
                        equipment; or
                          ``(v) supports safe routes to school 
                        noninfrastructure-related activities described 
                        under section 211(e)(2).''; and
                  (E) by adding at the end the following:
          ``(15) Transportation management area.--The term 
        `transportation management area' means an area designated under 
        section 134(k).
          ``(16) Vulnerable road user.--The term `vulnerable road user' 
        means a nonmotorist--
                  ``(A) with a fatality analysis reporting system 
                person attribute code that is included in the 
                definition of the term `number of non-motorized 
                fatalities' in section 490.205 of title 23, Code of 
                Federal Regulations (or successor regulation); or
                  ``(B) described in the term `number of non-motorized 
                serious injuries' in such section.
          ``(17) Vulnerable road user safety assessment.--The term 
        `vulnerable road user safety assessment' means an assessment of 
        the safety performance of the State or a metropolitan planning 
        organization within the State with respect to vulnerable road 
        users and the plan of the State or metropolitan planning 
        organization to improve the safety of vulnerable road users 
        described in subsection (l).'';
          (2) in subsection (c)--
                  (A) in paragraph (1) by striking ``(a)(11)'' and 
                inserting ``(a)(13)''; and
                  (B) in paragraph (2)--
                          (i) in subparagraph (A)(vi) by inserting ``, 
                        consistent with the vulnerable road user safety 
                        assessment'' after ``nonmotorized crashes'';
                          (ii) in subparagraph (B)(i)--
                                  (I) by inserting ``, consistent with 
                                a safe system approach,'' after 
                                ``identify'';
                                  (II) by inserting ``excessive design 
                                speeds and speed limits,'' after 
                                ``crossing needs,''; and
                                  (III) by striking ``motorists 
                                (including motorcyclists), bicyclists, 
                                pedestrians, and other highway users'' 
                                and inserting ``road users''; and
                          (iii) in subparagraph (D)(iii) by striking 
                        ``motorists (including motorcyclists), 
                        bicyclists, pedestrians, persons with 
                        disabilities, and other highway users'' and 
                        inserting ``road users'';
          (3) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A) by striking ``Not 
                        later than 1 year after the date of enactment 
                        of the MAP-21, the'' and inserting ``The''; and
                          (ii) in subparagraph (B)--
                                  (I) in clause (iv) by inserting ``and 
                                serious injury'' after ``fatality'';
                                  (II) in clause (vii) by striking ``; 
                                and'' and inserting a semicolon;
                                  (III) by redesignating clause (viii) 
                                as clause (ix); and
                                  (IV) by inserting after clause (vii) 
                                the following:
                          ``(viii) the findings of a vulnerable road 
                        user safety assessment of the State; and''; and
                  (B) in paragraph (2)(B)(i) by striking ``subsection 
                (a)(11)'' and inserting ``subsection (a)(13)'';
          (4) in subsection (e)--
                  (A) in paragraph (1)(C) by striking ``, without 
                regard to whether the project is included in an 
                applicable State strategic highway safety plan''; and
                  (B) by adding at the end the following:
          ``(3) Flexible funding for specified safety projects.--
                  ``(A) In general.--To advance the implementation of a 
                State strategic highway safety plan, a State may use 
                not more than 10 percent of the amounts apportioned to 
                the State under section 104(b)(3) for a fiscal year to 
                carry out specified safety projects.
                  ``(B) Rule of statutory construction.--Nothing in 
                this paragraph shall be construed to require a State to 
                revise any State process, plan, or program in effect on 
                the date of enactment of this paragraph.
                  ``(C) Effect of paragraph.--
                          ``(i) Requirements.--A project funded under 
                        this paragraph shall be subject to all 
                        requirements under this section that apply to a 
                        highway safety improvement project.
                          ``(ii) Other apportioned programs.--
                        Subparagraph (A) shall not apply to amounts 
                        that may be obligated for noninfrastructure 
                        projects apportioned under any other paragraph 
                        of section 104(b).'';
          (5) in subsection (g)--
                  (A) by amending paragraph (1) to read as follows:
          ``(1) High-risk rural road safety.--
                  ``(A) In general.--If the Secretary determines that 
                the fatality rate on rural roads in a State for the 
                most recent 2-year period for which data are available 
                exceeds the median fatality rate for rural roads among 
                all States, such State shall be required to--
                          ``(i) obligate over the 2 fiscal years 
                        following the fiscal year in which such 
                        determination is made for projects on high-risk 
                        rural roads an amount not less than 7.5 percent 
                        of the amounts apportioned to the State under 
                        section 104(b)(3) for fiscal year 2020; and
                          ``(ii) include, in the subsequent update to 
                        the State strategic highway safety plan, 
                        strategies to reduce the fatality rate.
                  ``(B) Source of funds.--Any amounts obligated under 
                subparagraph (A) shall be from amounts described under 
                section 133(d)(1)(B).
                  ``(C) Annual determination.--The determination 
                described under subparagraph (A) shall be made on an 
                annual basis.
                  ``(D) Consultation.--In carrying out a project with 
                an amount obligated under subparagraph (A), a State 
                shall consult with, as applicable, local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations.'';
                  (B) in paragraph (2)--
                          (i) in the heading by striking ``drivers'' 
                        and inserting ``road users'';
                          (ii) by striking ``drivers and pedestrians'' 
                        and inserting ``road users''; and
                          (iii) by striking ``address the increases 
                        in'' and inserting ``reduce''; and
                  (C) by adding at the end the following:
          ``(3) Vulnerable road user safety.--
                  ``(A) High risk states.--
                          ``(i) Annual determination.--Beginning on the 
                        date of enactment of the INVEST in America Act, 
                        the Secretary shall determine on an annual 
                        basis whether the number of vulnerable road 
                        user fatalities and serious injuries per capita 
                        in a State over the most recent 2-year period 
                        for which data are available exceeds the median 
                        number fatalities in all such areas over such 
                        2-year period.
                          ``(ii) Obligation requirement.--If the 
                        Secretary determines that the number of 
                        vulnerable road user fatalities and serious 
                        injuries per capita in a State over the most 
                        recent 2-year period for which data are 
                        available exceeds the median number of such 
                        fatalities and serious injuries per capita over 
                        such 2-year period among all States, that State 
                        shall be required to obligate over the 2 fiscal 
                        years following the fiscal year in which such 
                        determination is made an amount that is not 
                        less than 50 percent of the amount set aside in 
                        such State under section 133(h)(1) for fiscal 
                        year 2020 (less any amounts obligated for 
                        projects in that State as required by 
                        subparagraph (B)(ii)) for--
                                  ``(I) in the first two fiscal years 
                                after the enactment of the INVEST in 
                                America Act--
                                          ``(aa) performing the 
                                        vulnerable road user safety 
                                        assessment as required by 
                                        subsection (l);
                                          ``(bb) providing matching 
                                        funds for transportation 
                                        alternatives safety projects as 
                                        identified in section 
                                        133(h)(7)(B); or
                                          ``(cc) projects eligible 
                                        under subparagraphs (A), (B), 
                                        (C), or (I) of section 133(h); 
                                        and
                                  ``(II) in each 2-year period 
                                thereafter, projects identified in the 
                                program of projects described in 
                                subsection (l)(2)(C).
                  ``(B) High risk areas.--
                          ``(i) Annual determination.--The Secretary 
                        shall determine on an annual basis whether the 
                        number of vulnerable road user fatalities per 
                        capita in a transportation management area over 
                        the most recent 2-year period for which data 
                        are available exceeds the median number 
                        fatalities in all such areas over such 2-year 
                        period.
                          ``(ii) Obligation requirement.--If the 
                        Secretary determines that the number of 
                        vulnerable road user fatalities per capita in 
                        the transportation management area over the 
                        most recent 2-year period for which data are 
                        available exceeds the median number of such 
                        fatalities over such 2-year period among all 
                        such areas, then there shall be required to be 
                        obligated over the 2 fiscal years following the 
                        fiscal year in which such determination is 
                        made, for projects identified in the program of 
                        projects described in subsection (l)(7)(C), an 
                        amount that is not less than 50 percent of the 
                        amount set aside for that urbanized area under 
                        section 133(h)(2) for fiscal year 2020.
                          ``(iii) Applicability.--The obligation 
                        requirement described in clause (ii) shall not 
                        take effect until the subject metropolitan 
                        planning organization has developed the 
                        vulnerable road user safety assessment 
                        described in subsection (l)(7).
                  ``(C) Source of funds.--
                          ``(i) In general.--Any amounts required to be 
                        obligated under this paragraph shall be from 
                        amounts apportioned under section 104(b) except 
                        for--
                                  ``(I) amounts described in section 
                                133(d)(1)(A); and
                                  ``(II) amounts set aside under 
                                section 133(h).
                          ``(ii) Areas in a high risk state.--If an 
                        area subject to the obligation requirement 
                        described in subparagraph (B)(ii) is located in 
                        a State required to obligate funds to 
                        vulnerable road user safety under subparagraph 
                        (A)(ii), any obligations in such State for 
                        projects identified in the program of projects 
                        described in subsection (l)(7)(C) shall count 
                        toward such State's obligation requirement 
                        under subparagraph (A)(ii).'';
          (6) in subsection (h)(1)(A)--
                  (A) by inserting ``, including any efforts to reduce 
                vehicle speed'' after ``under this section''; and
                  (B) by inserting ``and projects identified under a 
                vulnerable road user safety assessment'' after 
                ``projects''; and
          (7) by adding at the end the following:
  ``(l) Vulnerable Road User Safety Assessment.--
          ``(1) In general.--Not later than 1 year after date of 
        enactment of the INVEST in America Act, each State shall create 
        a vulnerable road user safety assessment.
          ``(2) Contents.--A vulnerable road user safety assessment 
        required under paragraph (1) shall include--
                  ``(A) a description of the location within the State 
                of each vulnerable road user fatality and serious 
                injury, including, if available, the design speed of 
                the roadway at any such location;
                  ``(B) a description of any corridors identified by a 
                State, in coordination with local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations that pose a high 
                risk of a vulnerable road user fatality or serious 
                injury, including, if available, the design speeds of 
                such corridors; and
                  ``(C) a program of projects or strategies to reduce 
                safety risks to vulnerable road users in corridors 
                identified under subparagraph (B), in coordination with 
                local governments, metropolitan planning organizations, 
                and regional transportation planning organizations that 
                represent a high-risk area identified under 
                subparagraph (B).
          ``(3) Analysis.--In creating a vulnerable road user safety 
        assessment under this subsection, a State shall assess the last 
        5 years of available data.
          ``(4) Requirements.--In creating a vulnerable road user 
        safety assessment under this subsection, a State shall--
                  ``(A) take into consideration a safe system approach; 
                and
                  ``(B) coordinate with local governments, metropolitan 
                planning organizations, and regional transportation 
                planning organizations that represent a high-risk area 
                identified under paragraph (2)(B).
          ``(5) Update.--A State shall update a vulnerable road user 
        safety assessment on the same schedule as the State updates the 
        State strategic highway safety plan.
          ``(6) Transportation system access.--The program of projects 
        developed under paragraph (2)(C) may not degrade transportation 
        system access for vulnerable road users.
          ``(7) Urbanized area assessments.--
                  ``(A) In general.--A metropolitan planning 
                organization representing a transportation management 
                area shall, in consultation with local governments in 
                such area, complete a vulnerable road user safety 
                assessment based on the most recent 5 years of 
                available data at least once every 4 years.
                  ``(B) Contents.--The assessment completed under 
                subparagraph (A) shall include--
                          ``(i) a description of the location within 
                        the area of each vulnerable road user fatality 
                        and, if available, serious injury;
                          ``(ii) a description of any corridors that 
                        represent a high-risk area identified under 
                        paragraph (2)(B) or have otherwise been 
                        identified by the metropolitan planning 
                        organization or local government that pose a 
                        high risk of a vulnerable road user fatality or 
                        serious injury; and
                          ``(iii) a program of projects or strategies 
                        to reduce safety risks to vulnerable road users 
                        in corridors identified under subparagraph 
                        (B).''.
  (b) Technical Amendment.--Section 148 of title 23, United States 
Code, is amended--
          (1) in the heading for subsection (a)(8) by striking ``Road 
        users'' and inserting ``Road user''; and
          (2) in subsection (i)(2)(D) by striking ``safety safety'' and 
        inserting ``safety''.
  (c) High-Risk Rural Roads.--
          (1) Study.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        update the study described in paragraph (1) of section 1112(b) 
        of MAP-21 (23 U.S.C. 148 note).
          (2) Publication of report.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary shall publish on 
        the website of the Department of Transportation an updated 
        report of the report described in paragraph (2) of section 
        1112(b) of MAP-21 (23 U.S.C. 148 note).
          (3) Best practices manual.--Not later than 180 days after the 
        date of submission of the report described in paragraph (2), 
        the Secretary shall update the best practices manual described 
        in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note).

SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

  Section 149 of title 23, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in paragraph (1)(A)(ii) by striking ``subsection 
                (h)'' and inserting ``subsection (i)'';
                  (B) in paragraph (7) by inserting ``shared 
                micromobility (including bikesharing and shared scooter 
                systems), publicly accessible charging stations, docks, 
                and storage for electric bicycles and micromobility 
                devices,'' after ``carsharing'';
                  (C) in paragraph (8)(B) by striking ``; or'' and 
                inserting a semicolon;
                  (D) in paragraph (9) by striking the period and 
                inserting ``; or''; and
                  (E) by adding at the end the following:
          ``(10) if the project or program mitigates seasonal or 
        temporary traffic congestion from long-haul travel or 
        tourism.'';
          (2) in subsection (c)--
                  (A) in paragraph (2)--
                          (i) in the heading by inserting ``, hydrogen 
                        vehicle,'' after ``Electric vehicle'';
                          (ii) by inserting ``hydrogen or'' after 
                        ``charging stations or''; and
                          (iii) by inserting ``, hydrogen-powered,'' 
                        after ``battery powered''; and
                  (B) in paragraph (3) by inserting ``, and is 
                consistent with section 166'' after ``travel times''; 
                and
          (3) by striking subsection (m) and inserting the following:
  ``(m) Operating Assistance.--
          ``(1) Projects.--A State may obligate funds apportioned under 
        section 104(b)(4) in an area of such State that is otherwise 
        eligible for obligations of such funds for operating costs 
        under chapter 53 of title 49 or on a system for which CMAQ 
        funding was made available, obligated, or expended in fiscal 
        year 2012, or, notwithstanding subsection (b), on a State-
        supported Amtrak route with a cost-sharing agreement under 
        section 209 of the Passenger Rail Investment and Improvement 
        Act of 2008 or alternative cost allocation under section 
        24712(g)(3) of title 49.
          ``(2) Time limitation.--In determining the amount of time for 
        which a State may obligate funds under paragraph (1) for 
        operating assistance for an area of a State or on a system, the 
        Secretary shall allow such obligations to occur, in such area 
        or on such system--
                  ``(A) with a time limitation of not less than 3 
                years; and
                  ``(B) in the case of projects that demonstrate 
                continued net air quality benefits beyond 3 years, as 
                determined annually by the Secretary in consultation 
                with the Administrator of the Environmental Protection 
                Agency, with no imposed time limitation.''.

SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.

  (a) Electric Vehicle Charging Stations.--Chapter 1 of title 23, 
United States Code, is amended by inserting after section 154 the 
following new section:

``Sec. 155. Electric vehicle charging stations

  ``(a) In General.--Any electric vehicle charging infrastructure 
funded under this title shall be subject to the requirements of this 
section.
  ``(b) Interoperability.--An electric vehicle charging station funded 
under this title shall--
          ``(1) provide a charging connector type or means to transmit 
        electricity to vehicles that meets applicable industry accepted 
        practices and safety standards; and
          ``(2) have the ability to serve vehicles produced by more 
        than one vehicle manufacturer.
  ``(c) Open Access to Payment.--Electric vehicle charging stations 
shall provide payment methods available to all members of the public to 
ensure secure, convenient, and equal access and shall not be limited by 
membership to a particular payment provider.
  ``(d) Network Capability.--An electric vehicle charging station 
funded under this title shall be capable of being remotely monitored.
  ``(e) Guidance.--Not less than 180 days after enactment of the INVEST 
in America Act, the Secretary of Transportation, in coordination with 
the Secretary of Energy, shall, as appropriate, publish guidance for 
public comment applicable to any electric vehicle charging station 
funded in whole or in part under this title related to--
          ``(1) the installation, operation, or maintenance by 
        qualified technicians of electric vehicle charging 
        infrastructure;
          ``(2) the physical and payment interoperability of electric 
        vehicle charging infrastructure;
          ``(3) any traffic control device or on-premises sign 
        acquired, installed, or operated related to an electric vehicle 
        charging station funded under this title; and
          ``(4) network connectivity of electric vehicle charging, 
        including measures to protect personal privacy and ensure 
        cybersecurity.
  ``(f) Wage Requirements.--Section 113 shall apply to any project for 
electric vehicle charging infrastructure funded under this title.''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 154 the following new item:

``155. Electric vehicle charging stations.''.

  (c) Electric Vehicle Charging Signage.--The Secretary of 
Transportation shall update the Manual on Uniform Traffic Control 
Devices to--
          (1) ensure uniformity in providing road users direction to 
        electric charging stations that are open to the public; and
          (2) allow the use of a comprehensive system of signs for 
        electric vehicle charging providers to help drivers identify 
        the type of charging and connector types available at the 
        location.
  (d) Agreements Relating to the Use and Access of Rights-of-Way of the 
Interstate System.--Section 111 of title 23, United States Code, is 
amended by adding at the end the following:
  ``(f) Interstate System Rights-of-Way.--
          ``(1) In general.--Notwithstanding subsection (a) or (b), the 
        Secretary shall permit, consistent with section 155, the 
        charging of electric vehicles on rights-of-way of the 
        Interstate System, including in--
                  ``(A) a rest area; or
                  ``(B) a fringe or corridor parking facility, 
                including a park and ride facility.
          ``(2) Savings clause.--Nothing in this subsection shall 
        permit commercial activities on rights-of-way of the Interstate 
        System, except as necessary for the charging of electric 
        vehicles in accordance with this subsection.''.

SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.

  (a) In General.--Section 167 of title 23, United States Code, is 
amended--
          (1) in subsection (b)--
                  (A) in paragraph (6) by striking ``; and'' and 
                inserting a semicolon; and
                  (B) by striking paragraph (7) and inserting the 
                following:
          ``(7) to reduce the environmental impacts of freight movement 
        on the National Highway Freight Network, including--
                  ``(A) greenhouse gas emissions;
                  ``(B) local air pollution, including local pollution 
                derived from vehicles idling at railway crossings;
                  ``(C) minimizing, capturing, or treating stormwater 
                runoff and addressing other adverse impacts to water 
                quality; and
                  ``(D) wildlife habitat loss; and
          ``(8) to decrease any adverse impact of freight 
        transportation on communities located near freight facilities 
        or freight corridors.'';
          (2) in subsection (e)(2) by striking ``150 miles'' and 
        inserting ``300 miles'';
          (3) in subsection (f)(4) by striking ``75 miles'' and 
        inserting ``150 miles'';
          (4) in subsection (h) by striking ``Not later than'' and all 
        that follows through ``shall prepare'' and inserting ``As part 
        of the report required under section 503(b)(8), the 
        Administrator shall biennially prepare'';
          (5) in subsection (i)--
                  (A) by striking paragraphs (2) and (3);
                  (B) by amending paragraph (4) to read as follows:
          ``(4) Freight planning.--Notwithstanding any other provision 
        of law, a State may not obligate funds apportioned to the State 
        under section 104(b)(5) unless the State has developed, 
        updated, or amended, as applicable, a freight plan in 
        accordance with section 70202 of title 49.'';
                  (C) in paragraph (5)--
                          (i) by striking subparagraph (B) and 
                        inserting the following:
                  ``(B) Limitation.--The Federal share of a project 
                described in subparagraph (C)(xxiii) shall fund only 
                elements of such project that provide public 
                benefits.''; and
                          (ii) in subparagraph (C)--
                                  (I) in clause (iii) by inserting 
                                ``and freight management and operations 
                                systems'' after ``freight 
                                transportation systems''; and
                                  (II) by amending clause (xxiii) to 
                                read as follows:
                          ``(xxiii) Freight intermodal or freight rail 
                        projects, including--
                                  ``(I) projects within the boundaries 
                                of public or private freight rail or 
                                water facilities (including ports);
                                  ``(II) projects that provide surface 
                                transportation infrastructure necessary 
                                to facilitate direct intermodal 
                                interchange, transfer, and access into 
                                or out of the facility; and
                                  ``(III) any other surface 
                                transportation project to improve the 
                                flow of freight into or out of a 
                                facility described in subclause (I) or 
                                (II).'';
                  (D) in paragraph (6) by striking ``paragraph (5)'' 
                and inserting ``paragraph (3)''; and
                  (E) by redesignating paragraphs (4), (5), (6), and 
                (7) as paragraphs (2), (3), (4), and (5), respectively; 
                and
          (6) in subsection (k)(1)(A)(ii) by striking ``ports-of 
        entry'' and inserting ``ports-of-entry''.
  (b) National Highway Freight Network.--If a congressionally 
designated future Interstate, or any portion thereof, is included in a 
State Freight Plan (regardless of whether such project is included in 
the freight investment plan of the State) approved by the Department of 
Transportation prior to October 1, 2021, such route shall be considered 
to be on the National Highway Freight Network established under section 
167(c) of title 23, United States Code.

SEC. 1213. CARBON POLLUTION REDUCTION.

  (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:

``Sec. 171. Carbon pollution reduction

  ``(a) Establishment.--The Secretary shall establish a carbon 
pollution reduction program to support the reduction of greenhouse gas 
emissions from the surface transportation system.
  ``(b) Eligible Projects.--A project is eligible for funding under 
this section if such project--
          ``(1) is expected to yield a significant reduction in 
        greenhouse gas emissions from the surface transportation 
        system;
          ``(2) will help a State meet the greenhouse gas emissions 
        performance targets established under section 150(d); and
          ``(3) is--
                  ``(A) eligible for assistance under this title or 
                under chapter 53 of title 49 or is a capital project 
                for vehicles and facilities (whether publicly or 
                privately owned) that are used to provide intercity 
                passenger service by bus; or
                  ``(B) a capital project, as such term is defined in 
                section 22906 of title 49, to improve intercity rail 
                passenger transportation, provided that the project 
                will yield a significant reduction in single occupant 
                vehicle trips and improve mobility on public roads.
  ``(c) Guidance.--The Secretary shall issue guidance on methods of 
determining the reduction of single occupant vehicle trips and 
improvement of mobility on public roads as those factors relate to 
intercity rail passenger transportation projects under subsection 
(b)(4).
  ``(d) Operating Expenses.--A State may use not more than 10 percent 
of the funds provided under section 104(b)(9) for the operating 
expenses of public transportation and passenger rail transportation 
projects.
  ``(e) Single-Occupancy Vehicle Highway Facilities.--None of the funds 
provided under this section may be used for a project that will result 
in the construction of new capacity available to single occupant 
vehicles unless the project consists of a high occupancy vehicle 
facility and is consistent with section 166.
  ``(f) Evaluation.--
          ``(1) In general.--The Secretary shall annually evaluate the 
        progress of each State in carrying out the program under this 
        section by comparing the percent change in carbon dioxide 
        emissions per capita on public roads in the State calculated 
        as--
                  ``(A) the annual carbon dioxide emissions per capita 
                on public roads in the State for the most recent year 
                for which there is data; divided by
                  ``(B) the average annual carbon dioxide emissions per 
                capita on public roads in the State in calendar years 
                2015 through 2019.
          ``(2) Measures.--In conducting the evaluation under paragraph 
        (1), the Secretary shall--
                  ``(A) prior to the effective date of the greenhouse 
                gas performance measures under section 150(c)(7)(A), 
                use such data as are available, which may include data 
                on motor fuels usage published by the Federal Highway 
                Administration and information on emissions factors or 
                coefficients published by the Energy Information 
                Administration of the Department of Energy; and
                  ``(B) following the effective date of the greenhouse 
                gas performance measures under section 150(c)(7)(A), 
                use such measures.
  ``(g) Progress Report.--The Secretary shall annually issue a carbon 
pollution reduction progress report, to be made publicly available on 
the website of the Department of Transportation, that includes--
          ``(1) the results of the evaluation under subsection (f) for 
        each State; and
          ``(2) a ranking of all the States by the criteria under 
        subsection (f), with the States that, for the year covered by 
        such report, have the largest percentage reduction in annual 
        carbon dioxide emissions per capita on public roads being 
        ranked the highest.
  ``(h) High-Performing States.--
          ``(1) Designation.--For purposes of this section, each State 
        that is 1 of the 15 highest ranked States, as determined under 
        subsection (g)(2), and that achieves a reduction in carbon 
        dioxide emissions per capita on public roads, as determined by 
        the evaluation in subsection (f), shall be designated as a 
        high-performing State for the following fiscal year.
          ``(2) Use of funds.--For each State that is designated as a 
        high-performing State under paragraph (1)--
                  ``(A) notwithstanding section 120, the State may use 
                funds made available under this title to pay the non-
                Federal share of a project under this section during 
                any year for which such State is designated as a high-
                performing State; and
                  ``(B) notwithstanding section 126, the State may 
                transfer up to 50 percent of funds apportioned under 
                section 104(b)(9) to the program under section 
                104(b)(2) in any year for which such State is 
                designated as a high-performing State.
          ``(3) Transfer.--For each State that is 1 of the 15 lowest 
        ranked States, as determined under subsection (g)(2), the 
        Secretary shall transfer 10 percent of the amount apportioned 
        to the State under section 104(b)(2) in the fiscal year 
        following the year in which the State is so ranked, not 
        including amounts set aside under section 133(d)(1)(A) and 
        under section 133(h) or 505(a), to the apportionment of the 
        State under section 104(b)(9).
          ``(4) Limitation.--The Secretary shall not conduct a transfer 
        under paragraph (3)--
                  ``(A) until the first fiscal year following the 
                effective date of greenhouse gas performance measures 
                under section 150(c)(7)(A); and
                  ``(B) with respect to a State in any fiscal year 
                following the year in which such State achieves a 
                reduction in carbon dioxide emissions per capita on 
                public roads in such year as determined by the 
                evaluation under subsection (f).
  ``(i) Report.--Not later than 2 years after the date of enactment of 
this section and periodically thereafter, the Secretary, in 
consultation with the Administrator of the Environmental Protection 
Agency, shall issue a report--
          ``(1) detailing, based on the best available science, what 
        types of projects eligible for assistance under this section 
        are expected to provide the most significant greenhouse gas 
        emissions reductions from the surface transportation sector; 
        and
          ``(2) detailing, based on the best available science, what 
        types of projects eligible for assistance under this section 
        are not expected to provide significant greenhouse gas 
        emissions reductions from the surface transportation sector.''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following new 
item:

``171. Carbon pollution reduction.''.

  (c) Applicability.--Subsection (b)(2) of section 171 of title 23, 
United States Code, as added by this section, shall apply to a State 
beginning on the first fiscal year following the fiscal year in which 
the State sets greenhouse gas performance targets under section 150(d) 
of title 23, United States Code.

SEC. 1214. RECREATIONAL TRAILS.

  Section 206 of title 23, United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1) by striking ``except for'' and 
                all that follows and inserting the following: ``except 
                for--
                  ``(A) a motorized wheelchair; and
                  ``(B) in any case in which applicable laws and 
                regulations permit use, an electric bicycle, as defined 
                in section 217(j).'';
                  (B) in paragraph (2)--
                          (i) in subparagraph (F) by striking ``and'' 
                        at the end;
                          (ii) in subparagraph (G) by striking the 
                        period and inserting ``; and''; and
                          (iii) by adding at the end the following:
                  ``(F) electric bicycling.''; and
          (2) by adding at the end the following:
  ``(j) Special Rule.--Section 113 shall not apply to projects under 
this section.
  ``(k) Use of Other Apportioned Funds.--Funds apportioned to a State 
under section 104(b) that are obligated for recreational trails and 
related projects shall be administered as if such funds were made 
available for purposes described under this section.''.

SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.

  (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 210 the following:

``Sec. 211. Safe routes to school program

  ``(a) Program.--The Secretary shall carry out a safe routes to school 
program for the benefit of children in primary, middle, and high 
schools.
  ``(b) Purposes.--The purposes of the program shall be--
          ``(1) to enable and encourage children, including those with 
        disabilities, to walk and bicycle to school;
          ``(2) to make bicycling and walking to school a safer and 
        more appealing transportation alternative, thereby encouraging 
        a healthy and active lifestyle from an early age; and
          ``(3) to facilitate the planning, development, and 
        implementation of projects and activities that will improve 
        safety and reduce traffic, fuel consumption, and air pollution 
        in the vicinity of schools.
  ``(c) Use of Funds.--Amounts apportioned to a State under paragraphs 
(2) and (3) of section 104(b) may be used to carry out projects, 
programs, and other activities under this section.
  ``(d) Eligible Entities.--Projects, programs, and activities funded 
under this section may be carried out by eligible entities described 
under section 133(h)(4)(B) that demonstrate an ability to meet the 
requirements of this section.
  ``(e) Eligible Projects and Activities.--
          ``(1) Infrastructure-related projects.--
                  ``(A) In general.--A State may obligate funds under 
                this section for the planning, design, and construction 
                of infrastructure-related projects that will 
                substantially improve the ability of students to walk 
                and bicycle to school, including sidewalk improvements, 
                traffic calming and speed reduction improvements, 
                pedestrian and bicycle crossing improvements, on-street 
                bicycle facilities, off-street bicycle and pedestrian 
                facilities, secure bicycle parking facilities, and 
                traffic diversion improvements in the vicinity of 
                schools.
                  ``(B) Location of projects.--Infrastructure-related 
                projects under subparagraph (A) may be carried out on 
                any public road or any bicycle or pedestrian pathway or 
                trail in the vicinity of schools.
          ``(2) Noninfrastructure-related activities.--In addition to 
        projects described in paragraph (1), a State may obligate funds 
        under this section for noninfrastructure-related activities to 
        encourage walking and bicycling to school, including--
                  ``(A) public awareness campaigns and outreach to 
                press and community leaders;
                  ``(B) traffic education and enforcement in the 
                vicinity of schools;
                  ``(C) student sessions on bicycle and pedestrian 
                safety, health, and environment;
                  ``(D) programs that address personal safety; and
                  ``(E) funding for training, volunteers, and managers 
                of safe routes to school programs.
          ``(3) Safe routes to school coordinator.--Each State 
        receiving an apportionment under paragraphs (2) and (3) of 
        section 104(b) shall use a sufficient amount of the 
        apportionment to fund a full-time position of coordinator of 
        the State's safe routes to school program.
          ``(4) Rural school district outreach.--A coordinator 
        described in paragraph (3) shall conduct outreach to ensure 
        that rural school districts in the State are aware of such 
        State's safe routes to school program and any funds authorized 
        by this section.
  ``(f) Federal Share.--The Federal share of the cost of a project, 
program, or activity under this section shall be 100 percent.
  ``(g) Clearinghouse.--
          ``(1) In general.--The Secretary shall maintain a national 
        safe routes to school clearinghouse to--
                  ``(A) develop information and educational programs on 
                safe routes to school; and
                  ``(B) provide technical assistance and disseminate 
                techniques and strategies used for successful safe 
                routes to school programs.
          ``(2) Funding.--The Secretary shall carry out this subsection 
        using amounts authorized to be appropriated for administrative 
        expenses under section 104(a).
  ``(h) Definitions.--In this section, the following definitions apply:
          ``(1) In the vicinity of schools.--The term `in the vicinity 
        of schools' means, with respect to a school, the area within 
        bicycling and walking distance of the school (approximately 2 
        miles).
          ``(2) Primary, middle, and high schools.--The term `primary, 
        middle, and high schools' means schools providing education 
        from kindergarten through twelfth grade.''.
  (b) Technical and Conforming Amendments.--
          (1) Repeal.--Section 1404 of SAFETEA-LU (Public Law 109-59; 
        119 Stat. 1228-1230), and the item relating to such section in 
        the table of contents in section 1(b) of such Act, are 
        repealed.
          (2) Analysis.--The analysis for chapter 2 of title 23, United 
        States Code, is amended by inserting after the item relating to 
        section 210 the following:

``211. Safe routes to school program.''.

SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

  Section 217 of title 23, United States Code, is amended--
          (1) in subsection (d)--
                  (A) by striking ``104(b)(3)'' and inserting 
                ``104(b)(4)''; and
                  (B) by striking ``a position'' and inserting ``at 
                least one full-time positions'';
          (2) in subsection (e) by striking ``bicycles'' and inserting 
        ``pedestrians or bicyclists'' each place such term appears;
          (3) in subsection (j)--
                  (A) in paragraph (1) by inserting ``or operators of 
                micromobility devices'' after ``bicyclists'';
                  (B) by striking paragraph (2) and inserting the 
                following:
          ``(2) Electric bicycle.--The term `electric bicycle' means 
        mean a bicycle equipped with fully operable pedals, a saddle or 
        seat for the rider, and an electric motor of less than 750 
        watts that can safely share a bicycle transportation facility 
        with other users of such facility and meets the requirements of 
        one of the following three classes:
                  ``(A) Class 1 electric bicycle.--The term `class 1 
                electric bicycle' means an electric bicycle equipped 
                with a motor that provides assistance only when the 
                rider is pedaling, and that ceases to provide 
                assistance when the bicycle reaches the speed of 20 
                miles per hour.
                  ``(B) Class 2 electric bicycle.--The term `class 2 
                electric bicycle' means an electric bicycle equipped 
                with a motor that may be used exclusively to propel the 
                bicycle, and that is not capable of providing 
                assistance when the bicycle reaches the speed of 20 
                miles per hour.
                  ``(C) Class 3 electric bicycle.--The term `class 3 
                electric bicycle' means an electric bicycle equipped 
                with a motor that provides assistance only when the 
                rider is pedaling, and that ceases to provide 
                assistance when the bicycle reaches the speed of 28 
                miles per hour.
          ``(3) Micromobility device.--The term `micromobility device' 
        means any wheeled vehicle equipped with a low powered electric 
        motor--
                  ``(A) that is designed primarily for human transport;
                  ``(B) that weighs not more than 100 pounds; and
                  ``(C) that has a top speed of 20 miles per hour or 
                less.''.

SEC. 1217. NOISE BARRIERS.

  (a) Permitting Use of Highway Trust Fund for Construction of Certain 
Noise Barriers.--Section 339(b)(1) of the National Highway System 
Designation Act of 1995 (23 U.S.C. 109 note) is amended to read as 
follows:
          ``(1) General rule.--No funds made available out of the 
        Highway Trust Fund may be used to construct a Type II noise 
        barrier (as defined by section 772.5(I) of title 23, Code of 
        Federal Regulations) pursuant to subsections (h) and (I) of 
        section 109 of title 23, United States Code, unless--
                  ``(A) such a barrier is part of a project approved by 
                the Secretary before November 28, 1995; or
                  ``(B) such a barrier separates a highway or other 
                noise corridor from a group of structures of which the 
                majority of those closest to the highway or noise 
                corridor--
                          ``(i) are residential in nature; and
                          ``(ii) either--
                                  ``(I) were constructed before the 
                                construction or most recent widening of 
                                the highway or noise corridor; or
                                  ``(II) are at least 10 years old.''.
  (b) Eligibility for Surface Transportation Program Funds.--Section 
133 of title 23, United States Code, is amended--
          (1) in subsection (b) by adding at the end the following:
          ``(22) Planning, design, or construction of a Type II noise 
        barrier (as described in section 772.5 of title 23, Code of 
        Federal Regulations).''; and
          (2) in subsection (c)(2) by inserting ``and paragraph (22)'' 
        after ``(11)''.

SEC. 1218. SAFE STREETS FOR ALL.

  Section 148 of title 23, United States Code, is further amended by 
adding at the end the following:
  ``(m) Safe Streets for All.--
          ``(1) Safe streets set-aside.--
                  ``(A) Establishment.--The Secretary shall establish a 
                safe streets program to eliminate the occurrence of 
                transportation-related fatalities and serious injuries 
                on public roads, with a focus on vulnerable road users.
                  ``(B) Amount.--Of the funds apportioned to a State 
                under section 104(b)(3) for each fiscal year, the 
                Secretary shall reserve an amount such that--
                          ``(i) the Secretary reserves a total under 
                        this subsection of $500,000,000 for each of 
                        fiscal years 2023 through 2026; and
                          ``(ii) the State's share of that total is 
                        distributed in the same manner as the amount 
                        apportioned to the State under section 
                        104(b)(3) for each fiscal year bears to the 
                        total amount of funds apportioned to all States 
                        under such section.
          ``(2) Suballocation.--For each fiscal year for which funds 
        are set aside under this subsection, such funds shall be 
        obligated within a State in the manner described in subsections 
        (d) and (e) of section 133, except that, for the purposes of 
        this subsection, the percentage referred to in section 
        133(d)(1)(A) shall be treated as 100 percent.
          ``(3) Use of funds.--
                  ``(A) In general.--Funds set aside under this 
                subsection shall be available for obligation--
                          ``(i) for a complete streets project that 
                        supports the safe, comfortable, convenient, and 
                        independent movement of all users of the 
                        transportation system, of all ages and 
                        abilities, consistent with context sensitive 
                        design principles;
                          ``(ii) for activities eligible under the safe 
                        routes to school program under section 211;
                          ``(iii) to develop and implement the policies 
                        and procedures described in section 109(s);
                          ``(iv) for any element of vision zero 
                        planning described under section 1601 of the 
                        INVEST in America Act and to implement an 
                        existing vision zero plan;
                          ``(v) for other activities in furtherance of 
                        the vulnerable road user safety assessment of 
                        the State or the metropolitan planning 
                        organization described under subsection (l); 
                        and
                          ``(vi) for any other project, program, or 
                        plan eligible under this section that provides 
                        for the safe and adequate accommodation of all 
                        users of the surface transportation network, as 
                        determined by the Secretary.
                  ``(B) Special rule.--If a State or metropolitan 
                planning organization demonstrates to the satisfaction 
                of the Secretary that such State or metropolitan 
                planning organization has met all its needs for 
                vulnerable road user safety under this section, the 
                State or metropolitan planning organization may use 
                funds made available under this subsection for other 
                highway safety improvement program purposes, subject to 
                the suballocation under paragraph (2). The Secretary 
                may not make a determination under this subparagraph if 
                the State or metropolitan planning organization has 
                been subject to the special rule described in 
                subsection (g)(3) within the last 5 years.''.

SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS.

  (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 211 (as added by this Act) the 
following:

``Sec. 212. Use of youth service and conservation corps

  ``(a) In General.--The Secretary may allow and shall encourage 
project sponsors to enter into contracts and cooperative agreements 
with qualified youth service or conservation corps, as described in 
sections 122(a)(2) of the National and Community Service Act of 1990 
(42 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and Community 
Service Trust Act of 1993 (42 U.S.C. 12656(c)(3)) to perform 
appropriate projects eligible under sections 133(h), 162, 206, and 211.
  ``(b) Requirements.--Under any contract or cooperative agreement 
entered into with a qualified youth service or conservation corps under 
this section, the Secretary shall--
          ``(1) set the amount of a living allowance or rate of pay for 
        each participant in such corps at--
                  ``(A) such amount or rate as required under State law 
                in a State with such requirements; or
                  ``(B) for corps in States not described in 
                subparagraph (A), at such amount or rate as determined 
                by the Secretary, not to exceed the maximum living 
                allowance authorized by section 140 of the National and 
                Community Service Act of 1990 (42 U.S.C. 12594); and
          ``(2) not subject such corps to the requirements of section 
        112.''.
  (b) Clerical Amendment.--The analysis for chapter 2 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 211 (as added by this Act) the following:

``212. Use of youth service and conservation corps.''.

                 Subtitle C--Project-Level Investments

SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

  (a) In General.--Section 117 of title 23, United States Code, is 
amended to read as follows:

``Sec. 117. Projects of national and regional significance

  ``(a) Establishment.--The Secretary shall establish a projects of 
national and regional significance program under which the Secretary 
may make grants to, and establish multiyear grant agreements with, 
eligible entities in accordance with this section.
  ``(b) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, in such manner, and containing such information as the Secretary 
may require.
  ``(c) Grant Amounts and Project Costs.--
          ``(1) In general.--Each grant made under this section--
                  ``(A) shall be in an amount that is at least 
                $25,000,000; and
                  ``(B) shall be for a project that has eligible 
                project costs that are reasonably anticipated to equal 
                or exceed the lesser of--
                          ``(i) $100,000,000; or
                          ``(ii) in the case of a project--
                                  ``(I) located in 1 State or 
                                territory, 30 percent of the amount 
                                apportioned under this chapter to the 
                                State or territory in the most recently 
                                completed fiscal year; or
                                  ``(II) located in more than 1 State 
                                or territory, 50 percent of the amount 
                                apportioned under this chapter to the 
                                participating State or territory with 
                                the largest apportionment under this 
                                chapter in the most recently completed 
                                fiscal year.
          ``(2) Large projects.--For a project that has eligible 
        project costs that are reasonably anticipated to equal or 
        exceed $500,000,000, a grant made under this section--
                  ``(A) shall be in an amount sufficient to fully fund 
                the project, or in the case of a public transportation 
                project, a minimum operable segment, in combination 
                with other funding sources, including non-Federal 
                financial commitment, identified in the application; 
                and
                  ``(B) may be awarded pursuant to the process under 
                subsection (d), as necessary based on the amount of the 
                grant.
  ``(d) Multiyear Grant Agreements for Large Projects.--
          ``(1) In general.--A large project that receives a grant 
        under this section may be carried out through a multiyear grant 
        agreement in accordance with this subsection.
          ``(2) Requirements.--A multiyear grant agreement for a large 
        project shall--
                  ``(A) establish the terms of participation by the 
                Federal Government in the project;
                  ``(B) establish the amount of Federal financial 
                assistance for the project;
                  ``(C) establish a schedule of anticipated Federal 
                obligations for the project that provides for 
                obligation of the full grant amount by not later than 4 
                fiscal years after the fiscal year in which the initial 
                amount is provided; and
                  ``(D) determine the period of time for completing the 
                project, even if such period extends beyond the period 
                of an authorization.
          ``(3) Special rules.--
                  ``(A) In general.--A multiyear grant agreement under 
                this subsection--
                          ``(i) shall obligate an amount of available 
                        budget authority specified in law; and
                          ``(ii) may include a commitment, contingent 
                        on amounts to be specified in law in advance 
                        for commitments under this paragraph, to 
                        obligate an additional amount from future 
                        available budget authority specified in law.
                  ``(B) Contingent commitment.--A contingent commitment 
                under this subsection is not an obligation of the 
                Federal Government under section 1501 of title 31.
                  ``(C) Interest and other financing costs.--
                          ``(i) In general.--Interest and other 
                        financing costs of carrying out a part of the 
                        project within a reasonable time shall be 
                        considered a cost of carrying out the project 
                        under a multiyear grant agreement, except that 
                        eligible costs may not be more than the cost of 
                        the most favorable financing terms reasonably 
                        available for the project at the time of 
                        borrowing.
                          ``(ii) Certification.--The applicant shall 
                        certify to the Secretary that the applicant has 
                        shown reasonable diligence in seeking the most 
                        favorable financing terms.
          ``(4) Advance payment.--An eligible entity carrying out a 
        large project under a multiyear grant agreement--
                  ``(A) may use funds made available to the eligible 
                entity under this title or title 49 for eligible 
                project costs of the large project; and
                  ``(B) shall be reimbursed, at the option of the 
                eligible entity, for such expenditures from the amount 
                made available under the multiyear grant agreement for 
                the project in that fiscal year or a subsequent fiscal 
                year.
  ``(e) Eligible Projects.--
          ``(1) In general.--The Secretary may make a grant under this 
        section only for a project that is a project eligible for 
        assistance under this title or chapter 53 of title 49 and is--
                  ``(A) a bridge project carried out on the National 
                Highway System, or that is eligible to be carried out 
                under section 165;
                  ``(B) a project to improve person throughput that 
                is--
                          ``(i) a highway project carried out on the 
                        National Highway System, or that is eligible to 
                        be carried out under section 165;
                          ``(ii) a public transportation project; or
                          ``(iii) a capital project, as such term is 
                        defined in section 22906 of title 49, to 
                        improve intercity rail passenger 
                        transportation; or
                  ``(C) a project to improve freight throughput that 
                is--
                          ``(i) a highway freight project carried out 
                        on the National Highway Freight Network 
                        established under section 167 or on the 
                        National Highway System;
                          ``(ii) a freight intermodal, freight rail, or 
                        railway-highway grade crossing or grade 
                        separation project; or
                          ``(iii) within the boundaries of a public or 
                        private freight rail, water (including ports), 
                        or intermodal facility and that is a surface 
                        transportation infrastructure project necessary 
                        to facilitate direct intermodal interchange, 
                        transfer, or access into or out of the 
                        facility.
          ``(2) Limitation.--
                  ``(A) Certain freight projects.--Projects described 
                in clauses (ii) and (iii) of paragraph (1)(C) may 
                receive a grant under this section only if--
                          ``(i) the project will make a significant 
                        improvement to the movement of freight on the 
                        National Highway System; and
                          ``(ii) the Federal share of the project funds 
                        only elements of the project that provide 
                        public benefits.
                  ``(B) Certain projects for person throughput.--
                Projects described in clauses (ii) and (iii) of 
                paragraph (1)(B) may receive a grant under this section 
                only if the project will make a significant improvement 
                in mobility on public roads.
  ``(f) Eligible Project Costs.--An eligible entity receiving a grant 
under this section may use such grant for--
          ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
          ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements directly related to 
        improving system performance.
  ``(g) Project Requirements.--The Secretary may select a project 
described under this section for funding under this section only if the 
Secretary determines that the project--
          ``(1) generates significant regional or national economic, 
        mobility, safety, resilience, or environmental benefits;
          ``(2) is cost effective;
          ``(3) is based on the results of preliminary engineering;
          ``(4) has secured or will secure acceptable levels of non-
        Federal financial commitments, including--
                  ``(A) one or more stable and dependable sources of 
                funding and financing to construct, maintain, and 
                operate the project; and
                  ``(B) contingency amounts to cover unanticipated cost 
                increases;
          ``(5) cannot be easily and efficiently completed without 
        additional Federal funding or financial assistance available to 
        the project sponsor, beyond existing Federal apportionments; 
        and
          ``(6) is reasonably expected to begin construction not later 
        than 18 months after the date of obligation of funds for the 
        project.
  ``(h) Merit Criteria and Considerations.--
          ``(1) Merit criteria.--In awarding a grant under this 
        section, the Secretary shall evaluate the following merit 
        criteria:
                  ``(A) The extent to which the project supports 
                achieving a state of good repair.
                  ``(B) The level of benefits the project is expected 
                to generate, including--
                          ``(i) the costs avoided by the prevention of 
                        closure or reduced use of the asset to be 
                        improved by the project;
                          ``(ii) reductions in maintenance costs over 
                        the life of the asset;
                          ``(iii) safety benefits, including the 
                        reduction of accidents and related costs;
                          ``(iv) improved person or freight throughput, 
                        including congestion reduction and reliability 
                        improvements;
                          ``(v) national and regional economic 
                        benefits;
                          ``(vi) resilience benefits, including the 
                        ability to withstand disruptions from a seismic 
                        event;
                          ``(vii) environmental benefits, including 
                        reduction in greenhouse gas emissions and air 
                        quality benefits; and
                          ``(viii) benefits to all users of the 
                        project, including pedestrian, bicycle, 
                        nonvehicular, railroad, and public 
                        transportation users.
                  ``(C) How the benefits compare to the costs of the 
                project.
                  ``(D) The average number of people or volume of 
                freight, as applicable, supported by the project, 
                including visitors based on travel and tourism.
          ``(2) Additional considerations.--In awarding a grant under 
        this section, the Secretary shall consider the following:
                  ``(A) Whether the project spans at least 1 border 
                between 2 States.
                  ``(B) Whether the project serves low-income residents 
                of low-income communities, including areas of 
                persistent poverty, while not displacing such 
                residents.
                  ``(C) Whether the project uses innovative 
                technologies, innovative design and construction 
                techniques, or pavement materials that demonstrate 
                reductions in greenhouse gas emissions through 
                sequestration or innovative manufacturing processes 
                and, if so, the degree to which such technologies, 
                techniques, or materials are used.
                  ``(D) Whether the project improves connectivity 
                between modes of transportation moving people or goods 
                in the Nation or region.
                  ``(E) Whether the project provides new or improved 
                connections between at least two metropolitan areas 
                with a population of at least 500,000.
                  ``(F) Whether the project would replace, reconstruct, 
                or rehabilitate a commuter corridor (including a high-
                commuter corridor (as such term is defined in section 
                203(a)(6))) that is in poor condition.
                  ``(G) Whether the project would improve the shared 
                transportation corridor of a multistate corridor.
  ``(i) Project Selection.--
          ``(1) Evaluation.--To evaluate applications for funding under 
        this section, the Secretary shall--
                  ``(A) determine whether a project is eligible for a 
                grant under this section;
                  ``(B) evaluate, through a methodology that is 
                discernible and transparent to the public, how each 
                application addresses the merit criteria pursuant to 
                subsection (h);
                  ``(C) assign a quality rating for each merit criteria 
                for each application based on the evaluation in 
                subparagraph (B);
                  ``(D) ensure that applications receive final 
                consideration by the Secretary to receive an award 
                under this section only on the basis of such quality 
                ratings and that the Secretary gives final 
                consideration only to applications that meet the 
                minimally acceptable level for each of the merit 
                criteria; and
                  ``(E) award grants only to projects rated highly 
                under the evaluation and rating process.
          ``(2) Considerations for large projects.--In awarding a grant 
        for a large project, the Secretary shall--
                  ``(A) consider the amount of funds available in 
                future fiscal years for the program under this section; 
                and
                  ``(B) assume the availability of funds in future 
                fiscal years for the program that extend beyond the 
                period of authorization based on the amount made 
                available for the program in the last fiscal year of 
                the period of authorization.
          ``(3) Geographic distribution.--In awarding grants under this 
        section, the Secretary shall ensure geographic diversity and a 
        balance between rural and urban communities among grant 
        recipients over fiscal years 2023 through 2026.
          ``(4) Publication of methodology.--
                  ``(A) In general.--Prior to the issuance of any 
                notice of funding opportunity for grants under this 
                section, the Secretary shall publish and make publicly 
                available on the Department's website--
                          ``(i) a detailed explanation of the merit 
                        criteria developed under subsection (h);
                          ``(ii) a description of the evaluation 
                        process under this subsection; and
                          ``(iii) how the Secretary shall determine 
                        whether a project satisfies each of the 
                        requirements under subsection (g).
                  ``(B) Updates.--The Secretary shall update and make 
                publicly available on the website of the Department of 
                Transportation such information at any time a revision 
                to the information described in subparagraph (A) is 
                made.
                  ``(C) Information required.--The Secretary shall 
                include in the published notice of funding opportunity 
                for a grant under this section detailed information on 
                the rating methodology and merit criteria to be used to 
                evaluate applications, or a reference to the 
                information on the website of the Department of 
                Transportation, as required by subparagraph (A).
  ``(j) Federal Share.--
          ``(1) In general.--The Federal share of the cost of a project 
        carried out with a grant under this section may not exceed 60 
        percent.
          ``(2) Maximum federal involvement.--Federal assistance other 
        than a grant under this section may be used to satisfy the non-
        Federal share of the cost of a project for which such a grant 
        is made, except that the total Federal assistance provided for 
        a project receiving a grant under this section may not exceed 
        80 percent of the total project cost.
  ``(k) Bridge Investments.--Of the amounts made available to carry out 
this section, the Secretary shall reserve not less than $1,000,000,000 
in each fiscal year to make grants for projects described in subsection 
(e)(1)(A).
  ``(l) Treatment of Projects.--
          ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                  ``(A) the requirements of this title to a highway 
                project;
                  ``(B) the requirements of chapter 53 of title 49 to a 
                public transportation project; and
                  ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
          ``(2) Multimodal projects.--
                  ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                          ``(i) determine the predominant modal 
                        component of the project; and
                          ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                  ``(B) Exceptions.--
                          ``(i) Passenger or freight rail component.--
                        For any passenger or freight rail component of 
                        a project, the requirements of section 
                        22907(j)(2) of title 49 shall apply.
                          ``(ii) Public transportation component.--For 
                        any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                  ``(C) Buy america.--In applying the Buy America 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                          ``(i) consider the various modal components 
                        of the project; and
                          ``(ii) seek to maximize domestic jobs.
  ``(m) TIFIA Program.--At the request of an eligible entity under this 
section, the Secretary may use amounts awarded to the entity to pay 
subsidy and administrative costs necessary to provide the entity 
Federal credit assistance under chapter 6 with respect to the project 
for which the grant was awarded.
  ``(n) Administration.--Of the amounts made available to carry out 
this section, the Secretary may use up to $5,000,000 in each fiscal 
year for the costs of administering the program under this section.
  ``(o) Technical Assistance.--Of the amounts made available to carry 
out this section, the Secretary may reserve up to $5,000,000 to provide 
technical assistance to eligible entities.
  ``(p) Congressional Review.--
          ``(1) Notification.--Not less than 60 days before making an 
        award under this section, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works, the Committee on Banking, Housing, and Urban Affairs, 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate--
                  ``(A) a list of all applications determined to be 
                eligible for a grant by the Secretary;
                  ``(B) the quality ratings assigned to each 
                application pursuant to subsection (i);
                  ``(C) a list of applications that received final 
                consideration by the Secretary to receive an award 
                under this section;
                  ``(D) each application proposed to be selected for a 
                grant award;
                  ``(E) proposed grant amounts, including for each new 
                multiyear grant agreement, the proposed payout schedule 
                for the project; and
                  ``(F) an analysis of the impacts of any large 
                projects proposed to be selected on existing 
                commitments and anticipated funding levels for the next 
                4 fiscal years, based on information available to the 
                Secretary at the time of the report.
          ``(2) Committee review.--Before the last day of the 60-day 
        period described in paragraph (1), each Committee described in 
        paragraph (1) shall review the Secretary's list of proposed 
        projects.
          ``(3) Congressional disapproval.--The Secretary may not make 
        a grant or any other obligation or commitment to fund a project 
        under this section if a joint resolution is enacted 
        disapproving funding for the project before the last day of the 
        60-day period described in paragraph (1).
  ``(q) Transparency.--
          ``(1) In general.--Not later than 30 days after awarding a 
        grant for a project under this section, the Secretary shall 
        send to all applicants, and publish on the website of the 
        Department of Transportation--
                  ``(A) a summary of each application made to the 
                program for the grant application period; and
                  ``(B) the evaluation and justification for the 
                project selection, including ratings assigned to all 
                applications and a list of applications that received 
                final consideration by the Secretary to receive an 
                award under this section, for the grant application 
                period.
          ``(2) Briefing.--The Secretary shall provide, at the request 
        of a grant applicant under this section, the opportunity to 
        receive a briefing to explain any reasons the grant applicant 
        was not awarded a grant.
  ``(r) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
          ``(1) a State or a group of States;
          ``(2) a unit of local government, including a metropolitan 
        planning organization, or a group of local governments;
          ``(3) a political subdivision of a State or local government;
          ``(4) a special purpose district or public authority with a 
        transportation function, including a port authority;
          ``(5) an Indian Tribe or Tribal organization;
          ``(6) a Federal agency eligible to receive funds under 
        section 201, 203, or 204, including the Army Corps of 
        Engineers, Bureau of Reclamation, and the Bureau of Land 
        Management, that applies jointly with a State or group of 
        States;
          ``(7) a territory; and
          ``(8) a multistate or multijurisdictional group of entities 
        described in this 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 areas with a population greater than 74,999 
                individuals and fewer than 200,001 individuals.
          ``(2) Definition of rural area.--In this subsection, the term 
        `rural area' means all areas of a State or territory that are 
        outside of an urbanized area with a population greater than 
        74,999 individuals, as determined by the Bureau of the Census.
          ``(3) Excess funding.--If the Secretary determines that there 
        are insufficient qualified applicants to use the funds set 
        aside under this subsection, the Secretary may use such funds 
        for grants for any projects eligible under this section.
  ``(f) Evaluation.--To evaluate applications under this section, the 
Secretary shall--
          ``(1) develop a process to objectively evaluate applications 
        on the benefits of the project proposed in such application--
                  ``(A) to transportation safety, including reductions 
                in traffic fatalities and serious injuries;
                  ``(B) to state of good repair, including improved 
                condition of bridges and pavements;
                  ``(C) to transportation system access, including 
                improved access to jobs and services; and
                  ``(D) in reducing greenhouse gas emissions;
          ``(2) develop a rating system to assign a numeric value to 
        each application, based on each of the criteria described in 
        paragraph (1);
          ``(3) for each application submitted, compare the total 
        benefits of the proposed project, as determined by the rating 
        system developed under paragraph (2), with the costs of such 
        project, and rank each application based on the results of the 
        comparison; and
          ``(4) ensure that only such applications that are ranked 
        highly based on the results of the comparison conducted under 
        paragraph (3) are considered to receive a grant under this 
        section.
  ``(g) Weighting.--In establishing the evaluation process under 
subsection (f), the Secretary may assign different weights to the 
criteria described in subsection (f)(1) based on project type, 
population served by a project, and other context-sensitive 
considerations, provided that--
          ``(1) each application is rated on all criteria described in 
        subsection (f)(1); and
          ``(2) each application has the same possible minimum and 
        maximum rating, regardless of any differences in the weighting 
        of criteria.
  ``(h) Transparency.--
          ``(1) Publicly available information.--Prior to the issuance 
        of any notice of funding opportunity under this section, the 
        Secretary shall make publicly available on the website of the 
        Department of Transportation a detailed explanation of the 
        evaluation and rating process developed under subsection (f), 
        including any differences in the weighting of criteria pursuant 
        to subsection (g), if applicable, and update such website for 
        each revision of the evaluation and rating process.
          ``(2) Notifications to congress.--The Secretary shall submit 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives, the Committee on Environment and 
        Public Works of the Senate, the Committee on Banking, Housing, 
        and Urban Affairs of the Senate, and the Committee on Commerce, 
        Science, and Transportation of the Senate the following written 
        notifications:
                  ``(A) A notification when the Secretary publishes or 
                updates the information required under paragraph (1).
                  ``(B) Not later than 30 days prior to the date on 
                which the Secretary awards a grant under this section, 
                a notification that includes--
                          ``(i) the ratings of each application 
                        submitted pursuant to subsection (f)(2);
                          ``(ii) the ranking of each application 
                        submitted pursuant to subsection (f)(3); and
                          ``(iii) a list of all applications that 
                        receive final consideration by the Secretary to 
                        receive an award under this section pursuant to 
                        subsection (f)(4).
                  ``(C) Not later than 3 business days prior to the 
                date on which the Secretary announces the award of a 
                grant under this section, a notification describing 
                each grant to be awarded, including the amount and the 
                recipient.
  ``(i) Technical Assistance.--Of the amounts made available to carry 
out this section, the Secretary may reserve up to $3,000,000 in each 
fiscal year to provide technical assistance to eligible entities.
  ``(j) Administration.--Of the amounts made available to carry out 
this section, the Secretary may reserve up to $5,000,000 for the 
administrative costs of carrying out the program under this section.
  ``(k) Treatment of Projects.--
          ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                  ``(A) the requirements of this title to a highway 
                project;
                  ``(B) the requirements of chapter 53 of title 49 to a 
                public transportation project; and
                  ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
          ``(2) Multimodal projects.--
                  ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                          ``(i) determine the predominant modal 
                        component of the project; and
                          ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                  ``(B) Exceptions.--
                          ``(i) Passenger or freight rail component.--
                        For any passenger or freight rail component of 
                        a project, the requirements of section 
                        22907(j)(2) of title 49 shall apply.
                          ``(ii) Public transportation component.--For 
                        any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                  ``(C) Buy america.--In applying the Buy America 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                          ``(i) consider the various modal components 
                        of the project; and
                          ``(ii) seek to maximize domestic jobs.
  ``(l) Transparency.--
          ``(1) In general.--Not later than 30 days after awarding a 
        grant for a project under this section, the Secretary shall 
        send to all applicants, and publish on the website of the 
        Department of Transportation--
                  ``(A) a summary of each application made to the 
                program for the grant application period; and
                  ``(B) the evaluation and justification for the 
                project selection, including ratings and rankings 
                assigned to all applications and a list of applications 
                that received final consideration by the Secretary to 
                receive an award under this section, for the grant 
                application period.
          ``(2) Briefing.--The Secretary shall provide, at the request 
        of a grant applicant under this section, the opportunity to 
        receive a briefing to explain any reasons the grant applicant 
        was not awarded a grant.
  ``(m) Definitions.--In this section:
          ``(1) Eligible entity.--The term `eligible entity' means--
                  ``(A) a metropolitan planning organization;
                  ``(B) a unit of local government;
                  ``(C) a transit agency;
                  ``(D) an Indian Tribe or Tribal organization;
                  ``(E) a multijurisdictional group of entities 
                described in this paragraph;
                  ``(F) a special purpose district with a 
                transportation function or a port authority;
                  ``(G) a territory; or
                  ``(H) a State that applies for a grant under this 
                section jointly with an entity described in 
                subparagraphs (A) through (G).
          ``(2) Eligible project.--The term `eligible project' means 
        any project eligible under this title or chapter 53 of title 
        49.''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is further amended by adding at the end the 
following new item:

``173. Community transportation investment grant program.''.

SEC. 1303. CLEAN CORRIDORS PROGRAM.

  (a) Purpose.--The purpose of this section is to establish a formula 
program to strategically deploy electric vehicle charging 
infrastructure along designated alternative fuel corridors that will be 
accessible to all drivers of electric vehicles.
  (b) National Electric Vehicle Charging and Hydrogen, Propane, and 
Natural Gas Fueling Corridors.--Section 151 of title 23, United States 
Code, is amended--
          (1) in subsection (a) by striking ``Not later than 1 year 
        after the date of enactment of the FAST Act, the Secretary 
        shall'' and inserting ``The Secretary shall periodically'';
          (2) in subsection (b)(2) by inserting ``previously designated 
        by the Federal Highway Administration or'' after ``fueling 
        corridors'';
          (3) in subsection (d)--
                  (A) by striking ``Not later than'' and inserting the 
                following:
          ``(1) In general.--Not later than'';
                  (B) by striking ``5 years after the date of 
                establishment of the corridors under subsection (a), 
                and every 5 years thereafter'' and inserting ``180 days 
                after the date of enactment of the INVEST in America 
                Act'';
                  (C) by inserting ``establish a recurring process to 
                regularly'' after ``the Secretary shall''; and
                  (D) by adding at the end the following:
          ``(2) Freight corridors.--Not later than 1 year after the 
        date of enactment of the INVEST in America Act, the Secretary 
        shall designate national electric vehicle charging and hydrogen 
        fueling freight corridors that identify the near- and long-term 
        need for, and the location of, electric vehicle charging and 
        hydrogen fueling infrastructure to support freight and goods 
        movement at strategic locations along major national highways, 
        the National Highway Freight Network, and goods movement 
        locations including ports, intermodal centers, and warehousing 
        locations.'';
          (4) in subsection (e)--
                  (A) in paragraph (1) by striking ``; and'' and 
                inserting a semicolon;
                  (B) in paragraph (2)--
                          (i) by striking ``establishes an aspirational 
                        goal of achieving'' and inserting ``describes 
                        efforts to achieve''; and
                          (ii) by striking ``by the end of fiscal year 
                        2020.'' and inserting ``, including progress on 
                        the implementation of subsection (f); and'';
                  (C) by adding at the end the following:
          ``(3) summarizes best practices and provides guidance, 
        developed through consultation with the Secretary of Energy, 
        for project development of electric vehicle charging 
        infrastructure to allow for the predictable deployment of such 
        infrastructure.''; and
          (5) by adding at the end the following:
  ``(f) Clean Corridors Program.--
          ``(1) Establishment.--There is established a clean corridors 
        program (referred to in this subsection as the ``Program'') to 
        provide funding to States to strategically deploy electric 
        vehicle charging and hydrogen fueling infrastructure along 
        alternative fuel corridors and to establish an interconnected 
        network to facilitate data collection, access, and reliability.
          ``(2) Purpose.--The purpose of the Program is to provide 
        funding for--
                  ``(A) the acquisition and installation of electric 
                vehicle charging infrastructure and hydrogen fueling 
                infrastructure to serve as a catalyst for the 
                deployment of such infrastructure and to connect it to 
                a network to facilitate data collection, access, and 
                reliability;
                  ``(B) proper operation and maintenance of electric 
                vehicle charging infrastructure; and
                  ``(C) data sharing about charging and fueling 
                infrastructure to ensure the long-term success of 
                investments made through the Program.
          ``(3) Alternative distribution of funds.--
                  ``(A) Plan.--The Secretary shall establish a deadline 
                by which a State shall provide a plan to the Secretary, 
                in such form and such manner that the Secretary 
                requires, describing how such State intends to use its 
                allocation under this section.
                  ``(B) Efficient obligation of funds.--If a State 
                fails to submit the plan required by subparagraph (A) 
                to the Secretary in a timely manner, or if the 
                Secretary determines a State has not taken sufficient 
                action to carry out its plan, the Secretary may--
                          ``(i) withdraw from the State the funds that 
                        were apportioned to the State for a fiscal year 
                        under section 104(b)(10);
                          ``(ii) award such funds on a competitive 
                        basis to local units of government within the 
                        State for use on projects that meet the 
                        eligibility requirements described in paragraph 
                        (4); and
                          ``(iii) ensure timely obligation of such 
                        funds.
                  ``(C) Redistribution among states.--If the Secretary 
                determines that any funds withdrawn from a State under 
                subparagraph (B)(i) cannot be fully awarded to local 
                units of government within the State under subparagraph 
                (B)(ii) in a manner consistent with the purpose of this 
                subsection, any such funds remaining under subparagraph 
                (B)(i) shall be--
                          ``(i) apportioned among other States (except 
                        States for which funds for that fiscal year 
                        have been withdrawn under subparagraph (B)(i)) 
                        in the same ratio as funds apportioned for that 
                        fiscal year under section 104(b)(10)(C) for the 
                        Program; and
                          ``(ii) only available to carry out this 
                        section.
          ``(4) Eligible projects.--
                  ``(A) In general.--Funding made available under this 
                subsection shall be for projects--
                          ``(i) directly related to the electric 
                        charging or hydrogen fueling of a vehicle; and
                          ``(ii) only for infrastructure that is open 
                        to the general public or to authorized 
                        commercial motor vehicle operators from more 
                        than 1 company.
                  ``(B) Location of infrastructure.--
                          ``(i) In general.--Any charging or fueling 
                        infrastructure acquired or installed with 
                        funding under this subsection shall be located 
                        along an alternative fuel corridor.
                          ``(ii) Guidance.--Not later than 90 days 
                        after the date of enactment of the INVEST in 
                        America Act, the Secretary of Transportation, 
                        in coordination with the Secretary of Energy, 
                        shall develop guidance for States and 
                        localities to strategically deploy charging and 
                        fueling infrastructure along alternative fuel 
                        corridors, consistent with this section.
                          ``(iii) Additional considerations.--In 
                        developing the guidance required under clause 
                        (ii), the Secretary of Transportation, in 
                        coordination with the Secretary of Energy, 
                        shall consider--
                                  ``(I) the distance between publicly 
                                available charging and fueling 
                                infrastructure eligible under this 
                                section;
                                  ``(II) connections to the electric 
                                grid or fuel distribution system, 
                                including electric distribution 
                                upgrades, vehicle-to-grid integration, 
                                including smart charge management or 
                                other protocols that can minimize 
                                impacts to the electric grid, and 
                                alignment with electric distribution 
                                interconnection processes;
                                  ``(III) plans to protect the electric 
                                grid from added load of charging 
                                distribution systems from adverse 
                                impacts of changing load patterns, 
                                including through on site storage;
                                  ``(IV) plans for the use of renewable 
                                energy sources to power charging, 
                                energy storage, and hydrogen fuel 
                                production;
                                  ``(V) the proximity of existing off-
                                highway travel centers, fuel retailers, 
                                and small businesses to electric 
                                vehicle charging infrastructure 
                                acquired or funded under this 
                                subsection;
                                  ``(VI) the need for publicly 
                                available electric vehicle charging 
                                infrastructure in rural corridors;
                                  ``(VII) the long-term operation and 
                                maintenance of publicly available 
                                electric vehicle charging 
                                infrastructure to avoid stranded assets 
                                and protect the investment of public 
                                funds in that infrastructure;
                                  ``(VIII) existing private, national, 
                                State, local, Tribal, and territorial 
                                government electric vehicle charging 
                                infrastructure programs and incentives;
                                  ``(IX) fostering enhanced, 
                                coordinated, public-private or private 
                                investment in charging and fueling 
                                infrastructure;
                                  ``(X) ensuring consumer protection 
                                and pricing transparency;
                                  ``(XI) the availability of onsite 
                                amenities for vehicle operators, 
                                including restrooms or food facilities; 
                                and
                                  ``(XII) any other factors, as 
                                determined by the Secretary.
          ``(5) Eligible project costs.--Subject to paragraph (6), 
        funds made available under this subsection may be used for--
                  ``(A) the acquisition or installation of electric 
                vehicle charging or hydrogen fueling infrastructure;
                  ``(B) operating assistance for costs allocable to 
                operating and maintaining infrastructure acquired or 
                installed under this subsection, for a period not to 
                exceed five years;
                  ``(C) the acquisition or installation of traffic 
                control devices located in the right-of-way to provide 
                directional information to infrastructure acquired, 
                installed, or operated under this subsection; or
                  ``(D) on-premises signs to provide information about 
                infrastructure acquired, installed, or operated under 
                this subsection.
          ``(6) Guidance.--Not later than 180 days after the date of 
        enactment of the INVEST in America Act, the Secretary of 
        Transportation, in coordination with the Secretary of Energy, 
        shall, as appropriate, publish guidance for public comment 
        related to--
                  ``(A) the installation, operation, or maintenance by 
                qualified technicians of electric vehicle charging 
                infrastructure under this subsection;
                  ``(B) the physical and payment interoperability of 
                electric vehicle charging infrastructure under this 
                subsection;
                  ``(C) any traffic control device or on-premises sign 
                acquired, installed, or operated under this subsection;
                  ``(D) any data requested by the Secretary related to 
                a project funded under this subsection, including the 
                format and schedule for the submission of such data; 
                and
                  ``(E) network connectivity of electric vehicle 
                charging that includes measures to protect personal 
                privacy and ensure cybersecurity.
          ``(7) Federal share.--The Federal share payable for the cost 
        of a project funded under this subsection shall be 80 percent.
          ``(8) Period of availability.--Notwithstanding section 
        118(b), funds made available for the Program shall be available 
        until expended.
          ``(9) Additional assistance grants.--For each of fiscal years 
        2023 through 2026, before making an apportionment under section 
        104(b)(10), the Secretary shall set aside, from amounts made 
        available to carry out the clean corridors program under this 
        subsection, $100,000,000 for grants to States or localities 
        that require additional assistance to strategically deploy 
        infrastructure eligible under this subsection along alternative 
        fuel corridors to fill gaps in the national charging network, 
        including in rural areas.
          ``(10) Definition of alternative fuel corridors.--In this 
        subsection, the term `alternative fuel corridors' means a fuel 
        corridor--
                  ``(A) designated under subsection (a); or
                  ``(B) equivalent to a fuel corridor described under 
                such subsection that is designated, after consultation 
                with any affected Indian Tribes or Tribal 
                organizations, by a State or group of States.''.

SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.

  (a) In General.--Chapter 1 of title 23, United States Code, as 
amended by this title, is further amended by inserting after section 
171 the following:

``Sec. 172. Community climate innovation grants

  ``(a) Establishment.--The Secretary shall establish a community 
climate innovation grant program (in this section referred to as the 
`Program') to make grants, on a competitive basis, for locally selected 
projects that reduce greenhouse gas emissions while improving the 
mobility, accessibility, and connectivity of the surface transportation 
system.
  ``(b) Purpose.--The purpose of the Program shall be to support 
communities in reducing greenhouse gas emissions from the surface 
transportation system.
  ``(c) Eligible Applicants.--The Secretary may make grants under the 
Program to the following entities:
          ``(1) A metropolitan planning organization.
          ``(2) A unit of local government or a group of local 
        governments, or a county or multi-county special district.
          ``(3) A subdivision of a local government.
          ``(4) A transit agency.
          ``(5) A special purpose district with a transportation 
        function or a port authority.
          ``(6) An Indian Tribe or Tribal organization.
          ``(7) A territory.
          ``(8) A multijurisdictional group of entities described in 
        paragraphs (1) through (7).
  ``(d) Applications.--To be eligible for a grant under the Program, an 
entity specified in subsection (c) shall submit to the Secretary an 
application in such form, at such time, and containing such information 
as the Secretary determines appropriate.
  ``(e) Eligible Projects.--The Secretary may only provide a grant 
under the Program for a project that is expected to yield a significant 
reduction in greenhouse gas emissions from the surface transportation 
system and--
          ``(1) is a project eligible for assistance under this title 
        or under chapter 53 of title 49, or is a capital project for 
        vehicles and facilities, whether publicly or privately owned, 
        that are used to provide intercity passenger service by bus; or
          ``(2) is a capital project as defined in section 22906 of 
        title 49 to improve intercity passenger rail that will yield a 
        significant reduction in single occupant vehicle trips and 
        improve mobility on public roads.
  ``(f) Eligible Uses.--Grant amounts received for a project under the 
Program may be used for--
          ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
          ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
  ``(g) Project Prioritization.--In making grants for projects under 
the Program, the Secretary shall give priority to projects that are 
expected to yield the most significant reductions in greenhouse gas 
emissions from the surface transportation system.
  ``(h) Additional Considerations.--In making grants for projects under 
the Program, the Secretary shall consider the extent to which--
          ``(1) a project maximizes greenhouse gas reductions in a 
        cost-effective manner;
          ``(2) a project reduces dependence on single-occupant vehicle 
        trips or provides additional transportation options;
          ``(3) a project improves the connectivity and accessibility 
        of the surface transportation system, particularly to low- and 
        zero-emission forms of transportation, including public 
        transportation, walking, and bicycling;
          ``(4) an applicant has adequately considered or will 
        adequately consider, including through the opportunity for 
        public comment, the environmental justice and equity impacts of 
        the project;
          ``(5) a project contributes to geographic diversity among 
        grant recipients, including to achieve a balance between urban, 
        suburban, and rural communities;
          ``(6) a project serves low-income residents of low-income 
        communities, including areas of persistent poverty, while not 
        displacing such residents;
          ``(7) a project uses pavement materials that demonstrate 
        reductions in greenhouse gas emissions through sequestration or 
        innovative manufacturing processes;
          ``(8) a project repurposes neglected or underused 
        infrastructure, including abandoned highways, bridges, 
        railways, trail ways, and adjacent underused spaces, into new 
        hybrid forms of public space that support multiple modes of 
        transportation; and
          ``(9) a project includes regional multimodal transportation 
        system management and operations elements that will improve the 
        effectiveness of such project and encourage reduction of single 
        occupancy trips by providing the ability of users to plan, use, 
        and pay for multimodal transportation alternatives.
  ``(i) Funding.--
          ``(1) Maximum amount.--The maximum amount of a grant under 
        the Program shall be $25,000,000.
          ``(2) Technical assistance.--Of the amounts made available to 
        carry out the Program, the Secretary may use up to 1 percent to 
        provide technical assistance to applicants and potential 
        applicants.
  ``(j) Treatment of Projects.--
          ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                  ``(A) the requirements of this title to a highway 
                project;
                  ``(B) the requirements of chapter 53 of title 49 to a 
                public transportation project; and
                  ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
          ``(2) Multimodal projects.--
                  ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                          ``(i) determine the predominant modal 
                        component of the project; and
                          ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                  ``(B) Exceptions.--
                          ``(i) Passenger or freight rail component.--
                        For any passenger or freight rail component of 
                        a project, the requirements of section 
                        22907(j)(2) of title 49 shall apply.
                          ``(ii) Public transportation component.--For 
                        any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                  ``(C) Buy america.--In applying the Buy America 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                          ``(i) consider the various modal components 
                        of the project; and
                          ``(ii) seek to maximize domestic jobs.
  ``(k) Single-Occupancy Vehicle Highway Facilities.--None of the funds 
provided under this section may be used for a project that will result 
in the construction of new capacity available to single occupant 
vehicles unless the project consists of a high-occupancy vehicle 
facility and is consistent with section 166.
  ``(l) Public Comment.--Prior to issuing the notice of funding 
opportunity for funding under this section for fiscal year 2023, the 
Secretary, in consultation with the Administrator of the Environmental 
Protection Agency, shall solicit public comment on the method of 
determining the significant reduction in greenhouse gas emissions 
required under subsection (e).
  ``(m) Consultation.--Prior to making an award under this section in a 
given fiscal year, the Secretary shall consult with the Administrator 
of the Environmental Protection Agency to determine which projects are 
expected to yield a significant reduction in greenhouse gas emissions 
as required under subsection (e).
  ``(n) Rural Set-aside.--
          ``(1) In general.--The Secretary shall set aside not less 
        than 10 percent of the amounts made available to carry out this 
        section for projects located in rural areas.
          ``(2) Definition of rural area.--In this subsection, the term 
        `rural area' means all areas of a State or territory that are 
        outside of an urbanized area with a population greater than 
        74,999 individuals, as determined by the Bureau of the 
        Census.''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 171 the following:

``172. Community climate innovation grants.''.

SEC. 1305. METRO PERFORMANCE PROGRAM.

  (a) Establishment.--The Secretary of Transportation shall establish a 
metro performance program in accordance with this section to enhance 
local decision making and provide enhanced local control in 
transportation project delivery.
  (b) Direct Recipient Designation.--
          (1) In general.--The Secretary shall designate high-
        performing metropolitan planning organizations based on the 
        criteria in paragraph (3) to be direct recipients of funds 
        under this section.
          (2) Authority.--Nothing in this section shall be construed to 
        prohibit a direct recipient from taking any action otherwise 
        authorized to secure and expend Federal funds authorized under 
        chapter 1 of title 23, United States Code.
          (3) Criteria.--In designating an applicant under this 
        subsection, the Secretary shall consider--
                  (A) the legal, financial, and technical capacity of 
                the applicant;
                  (B) the level of coordination between the applicant 
                and--
                          (i) the State department of transportation of 
                        the State or States in which the metropolitan 
                        planning area represented by the applicant is 
                        located;
                          (ii) local governments and providers of 
                        public transportation within the metropolitan 
                        planning area represented by the applicant; and
                          (iii) if more than one metropolitan planning 
                        organization is designated within an urbanized 
                        area represented by the applicant, any other 
                        such metropolitan planning organization;
                  (C) in the case of an applicant that represents an 
                urbanized area population of greater than 200,000, the 
                effectiveness of project delivery and timely obligation 
                of funds made available under section 133(d)(1)(A)(i) 
                of title 23, United States Code;
                  (D) if the applicant or a local government within the 
                metropolitan planning area that the applicant 
                represents has been the recipient of a discretionary 
                grant from the Secretary within the preceding 5 years, 
                the administration of such grant;
                  (E) the extent to which the planning and decision 
                making process of the applicant, including the long-
                range transportation plan and the approved 
                transportation improvement program under section 134 of 
                such title, support--
                          (i) the performance goals established under 
                        section 150(b) of such title; and
                          (ii) the achievement of metropolitan or 
                        statewide performance targets established under 
                        section 150(d) of such title;
                  (F) whether the applicant is a designated recipient 
                of funds as described under subparagraphs (A) and (B) 
                of section 5302(4) of title 49, United States Code, or 
                a direct recipient of funds under section 5307 of such 
                title from the Federal Transit Administration; and
                  (G) any other criteria established by the Secretary.
          (4) Requirements.--
                  (A) Call for nomination.--Not later than February 1, 
                2022, the Secretary shall publish in the Federal 
                Register a notice soliciting applications for 
                designation under this subsection.
                  (B) Guidance.--The notification under paragraph (1) 
                shall include guidance on the requirements and 
                responsibilities of a direct recipient under this 
                section, including implementing regulations.
                  (C) Determination.--The Secretary shall make all 
                designations under this section for fiscal year 2023 
                not later than June 1, 2022.
          (5) Term.--Except as provided in paragraph (6), a designation 
        under this subsection shall--
                  (A) be for a period of not less than 5 years; and
                  (B) be renewable.
          (6) Termination.--
                  (A) In general.--The Secretary shall establish 
                procedures for the termination of a designation under 
                this subsection.
                  (B) Considerations.--In establishing procedures under 
                subparagraph (A), the Secretary shall consider--
                          (i) with respect to projects carried out 
                        under this section, compliance with the 
                        requirements of title 23, United States Code, 
                        or chapter 53 of title 49, United States Code; 
                        and
                          (ii) the obligation rate of any funds--
                                  (I) made available under this 
                                section; and
                                  (II) in the case of a metropolitan 
                                planning organization that represents a 
                                metropolitan planning area with an 
                                urbanized area population of greater 
                                than 200,000, made available under 
                                section 133(d)(1)(A)(i) of title 23, 
                                United States Code.
  (c) Use of Funds.--
          (1) Eligible projects.--Funds made available under this 
        section may be obligated for the purposes described in section 
        133(b) of title 23, United States Code.
          (2) Administrative expenses and technical assistance.--Of the 
        amounts made available under this section, the Secretary may 
        set aside not more than $5,000,000 in each of fiscal years 2023 
        through 2026 for program management, oversight, and technical 
        assistance to direct recipients.
  (d) Responsibilities of Direct Recipients.--
          (1) Direct availability of funds.--Notwithstanding title 23, 
        United States Code, the amounts made available under this 
        section shall be allocated to each direct recipient for 
        obligation.
          (2) Distribution of amounts among direct recipients.--
                  (A) In general.--Subject to subparagraph (B), on the 
                first day of the fiscal year for which funds are made 
                available under this section, the Secretary shall 
                allocate such funds to each direct recipient as the 
                proportion of the population (as determined by data 
                collected by the Bureau of the Census) of the urbanized 
                area represented by any 1 direct recipient bears to the 
                total population of all of urbanized areas represented 
                by all direct recipients.
                  (B) Minimum and maximum amounts.--Of funds allocated 
                to direct recipients under subparagraph (A), each 
                direct recipient shall receive not less than 
                $10,000,000 and not more than $50,000,000 each fiscal 
                year.
                  (C) Minimum guaranteed amount.--In making a 
                determination whether to designate a metropolitan 
                planning organization as a direct recipient under 
                subsection (b), the Secretary shall ensure that each 
                direct recipient receives the minimum required 
                allocation under subparagraph (B).
                  (D) Additional amounts.--If any amounts remain 
                undistributed after the distribution described in this 
                subsection, such remaining amounts and an associated 
                amount of obligation limitation shall be made available 
                as if suballocated under clauses (i) and (ii) of 
                section 133(d)(1)(A) of title 23, United States Code, 
                and distributed among the States in the proportion that 
                the relative shares of the population (as determined by 
                data collected by the Bureau of the Census) of the 
                urbanized areas of each State bears to the total 
                populations of all urbanized areas across all States.
          (3) Project delivery.--
                  (A) In general.--For 1 or more projects carried out 
                with funds provided under this section, the direct 
                recipient may, consistent with the agreement entered 
                into with the Secretary under this paragraph, assume 
                the Federal-aid highway project approval and oversight 
                responsibilities vested in the State department of 
                transportation under section 106 of title 23, United 
                States Code.
                  (B) Partnership.--The direct recipient may partner 
                with a State, unit of local government, regional 
                entity, or transit agency to carry out a project under 
                this section.
                  (C) Procedural, legal, and substantive 
                requirements.--A direct recipient entering into an 
                agreement with the Secretary under this section shall 
                assume responsibility for compliance with all 
                procedural and substantive requirements as would apply 
                if that responsibility were carried out by a State, 
                unless the direct recipient or the Secretary determines 
                that such assumption of responsibility for 1 or more of 
                the procedural and substantive requirements is not 
                appropriate.
                  (D) Written agreement.--The Secretary and the direct 
                recipient shall enter into an agreement in writing 
                relating to the extent to which the direct recipient 
                assumes the responsibilities of the Secretary under 
                this paragraph. Such agreement shall be developed in 
                consultation with the State.
                  (E) Use of funds.--The direct recipient may use 
                amounts made available under this section for costs 
                incurred in implementing this paragraph and to 
                compensate a State, unit of local government, or 
                transit agency for costs incurred in providing 
                assistance under this paragraph.
                  (F) Limitations.--The direct recipient may not assume 
                responsibilities described in subparagraph (A) for any 
                project that the Secretary determines to be in a high-
                risk category, including projects on the National 
                Highway System.
  (e) Expenditure of Funds.--
          (1) Consistency with metropolitan planning.--Except as 
        otherwise provided in this section, programming and expenditure 
        of funds for projects under this section shall be consistent 
        with the requirements of section 134 of title 23, United States 
        Code, and section 5303 of title 49, United States Code.
          (2) Selection of projects.--
                  (A) In general.--Notwithstanding subsections (j)(5) 
                and (k)(4) of section 134 of title 23, United States 
                Code, or subsections (j)(5) and (k)(4) of section 5303 
                of title 49, United States Code, a direct recipient 
                shall select, from the approved transportation 
                improvement program under such sections, all projects 
                to be funded under this section, including projects on 
                the National Highway System.
                  (B) Eligible projects.--The project selection process 
                described in this subsection shall apply to all 
                federally funded projects within the boundaries of a 
                metropolitan planning area served by a direct recipient 
                that are carried out under this section.
                  (C) Consultation required.--In selecting a project 
                under this subsection, the metropolitan planning 
                organization shall consult with--
                          (i) in the case of a highway project, the 
                        State and locality in which such project is 
                        located; and
                          (ii) in the case of a transit project, any 
                        affected public transportation operator.
          (3) Rule of construction.--Nothing in this section shall be 
        construed to limit the ability of a direct recipient to partner 
        with a State department of transportation or other recipient of 
        Federal funds under title 23, United States Code, or chapter 53 
        of title 49, United States Code, to carry out a project.
  (f) Treatment of Funds.--
          (1) In general.--Except as provided in this section, funds 
        made available to carry out this section shall be administered 
        as if apportioned under chapter 1 of title 23, United States 
        Code.
          (2) Federal share.--The Federal share of the cost of a 
        project carried out under this section shall be determined in 
        accordance with section 120 of title 23, United States Code.
  (g) Report.--
          (1) Direct recipient report.--Not later than 60 days after 
        the end of each fiscal year, each direct recipient shall submit 
        to the Secretary a report that includes--
                  (A) a list of projects funded with amounts provided 
                under this section;
                  (B) a description of any obstacles to complete 
                projects or timely obligation of funds; and
                  (C) recommendations to improve the effectiveness of 
                the program under this section.
          (2) Report to congress.--Not later than October 1, 2024, the 
        Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report 
        that--
                  (A) summarizes the findings of each direct recipient 
                provided under paragraph (1);
                  (B) describes the efforts undertaken by both direct 
                recipients and the Secretary to ensure compliance with 
                the requirements of title 23 and chapter 53 of title 
                49, United States Code;
                  (C) analyzes the capacity of direct recipients to 
                receive direct allocations of funds under chapter 1 of 
                title 23, United States Code; and
                  (D) provides recommendations from the Secretary to--
                          (i) improve the administration, oversight, 
                        and performance of the program established 
                        under this section;
                          (ii) improve the effectiveness of direct 
                        recipients to complete projects and obligate 
                        funds in a timely manner; and
                          (iii) evaluate options to expand the 
                        authority provided under this section, 
                        including to allow for the direct allocation to 
                        metropolitan planning organizations of funds 
                        made available to carry out clause (i) or (ii) 
                        of section 133(d)(1)(A) of title 23, United 
                        States Code.
          (3) Update.--Not less frequently than every 2 years, the 
        Secretary shall update the report described in paragraph (2).
  (h) Definitions.--
          (1) Direct recipient.--In this section, the term ``direct 
        recipient'' means a metropolitan planning organization 
        designated by the Secretary as high-performing under subsection 
        (b) and that was directly allocated funds as described in 
        subsection (d).
          (2) Metropolitan planning area.--The term ``metropolitan 
        planning area'' has the meaning given such term in section 134 
        of title 23, United States Code.
          (3) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given 
        such term in section 134 of title 23, United States Code.
          (4) National highway system.--The term ``National Highway 
        System'' has the meaning given such term in section 101 of 
        title 23, United States Code.
          (5) State.--The term ``State'' has the meaning given such 
        term in section 101 of title 23, United States Code.
          (6) Urbanized area.--The term ``urbanized area'' has the 
        meaning given such term in section 134 of title 23, United 
        States Code.

SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM.

  (a) Establishment.--The Secretary of Transportation shall establish a 
gridlock reduction program to make grants, on a competitive basis, for 
projects to reduce, and mitigate the adverse impacts of, traffic 
congestion.
  (b) Applications.--To be eligible for a grant under this section, an 
applicant shall submit to the Secretary an application in such form, at 
such time, and containing such information as the Secretary determines 
appropriate.
  (c) Eligibility.--
          (1) Eligible applicants.--The Secretary may make grants under 
        this section to an applicant that serves an eligible area and 
        that is--
                  (A) a metropolitan planning organization;
                  (B) a unit of local government or a group of local 
                governments;
                  (C) a multijurisdictional group of entities described 
                in subparagraphs (A) and (B);
                  (D) a special purpose district or public authority 
                with a transportation function, including a port 
                authority; or
                  (E) a State that is in partnership with an entity or 
                group of entities described in subparagraph (A), (B), 
                or (C).
          (2) Eligible area.--An eligible area for an eligible entity 
        under paragraph (1) shall be--
                  (A) a combined statistical area, as defined by the 
                Office of Management and Budget, with a population of 
                not less than 1,300,000; or
                  (B) a metropolitan statistical area that is not part 
                of a combined statistical area, as defined by the 
                Office of Management and Budget, that has a population 
                of not less than 750,000.
  (d) Eligible Projects.--The Secretary may award grants under this 
section to applicants that submit a comprehensive program of surface 
transportation-related projects to reduce traffic congestion and 
related adverse impacts, including a project for one or more of the 
following:
          (1) Transportation systems management and operations, 
        including strategies to improve the operations of high-
        occupancy vehicle lanes.
          (2) Intelligent transportation systems to improve 
        connectivity and innovation.
          (3) Real-time traveler information.
          (4) Traffic incident management.
          (5) Active traffic management.
          (6) Traffic signal timing.
          (7) Multimodal travel payment systems.
          (8) Transportation demand management, including employer-
        based commuting programs such as carpool, vanpool, transit 
        benefit, parking cashout, shuttle, or telework programs.
          (9) A project to provide transportation options to reduce 
        traffic congestion, including--
                  (A) a project under chapter 53 of title 49, United 
                States Code, including value capture and transit-
                oriented development projects;
                  (B) a bicycle or pedestrian project, including a 
                project to provide safe and connected active 
                transportation networks; and
                  (C) a surface transportation project carried out in 
                accordance with the national travel and tourism 
                infrastructure strategic plan under section 1431(e) of 
                the FAST Act (49 U.S.C. 301 note).
          (10) Any other project, as determined appropriate by the 
        Secretary utilizing eligible projects.
  (e) Award Prioritization.--
          (1) In general.--In selecting grants under this section, the 
        Secretary shall prioritize applicants serving urbanized areas, 
        as described in subsection (c), that are experiencing a high 
        degree of recurrent transportation congestion, as determined by 
        the Secretary.
          (2) Additional considerations.--In selecting grants under 
        this section, the Secretary shall also consider the extent to 
        which the project would--
                  (A) reduce traffic congestion and improve the 
                reliability of the surface transportation system;
                  (B) mitigate the adverse impacts of traffic 
                congestion on the surface transportation system, 
                including safety and environmental impacts;
                  (C) maximize the use of existing capacity; and
                  (D) employ innovative, integrated, and multimodal 
                solutions to the items described in subparagraphs (A), 
                (B), and (C).
  (f) Federal Share.--
          (1) In general.--The Federal share of the cost of a project 
        carried out under this section may not exceed 60 percent.
          (2) Maximum federal share.--Federal assistance other than a 
        grant for a project under this section may be used to satisfy 
        the non-Federal share of the cost of such project, except that 
        the total Federal assistance provided for a project receiving a 
        grant under this section may not exceed 80 percent of the total 
        project cost.
  (g) Use of Funds.--Funds made available for a project under this 
section may be used for--
          (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
          (2) construction, reconstruction, rehabilitation, acquisition 
        of real property (including land related to the project and 
        improvements to the land), environmental mitigation, 
        construction contingencies, acquisition of equipment, and 
        operational improvements.
  (h) Funding.--
          (1) Grant amount.--A grant under this section shall be in an 
        amount not less than $10,000,000 and not more than $50,000,000.
          (2) Availability.--Funds made available under this program 
        shall be available until expended.
  (i) Freight Project Set-Aside.--
          (1) In general.--The Secretary shall set aside not less than 
        50 percent of the funds made available to carry out this 
        section for grants for freight projects under this subsection.
          (2) Eligible uses.--The Secretary shall provide funds set 
        aside under this subsection to applicants that submit a 
        comprehensive program of surface transportation-related 
        projects to reduce freight-related traffic congestion and 
        related adverse impacts, including--
                  (A) freight intelligent transportation systems;
                  (B) real-time freight parking information;
                  (C) real-time freight routing information;
                  (D) freight transportation and delivery safety 
                projects;
                  (E) first-mile and last-mile delivery solutions;
                  (F) shifting freight delivery to off-peak travel 
                times;
                  (G) reducing greenhouse gas emissions and air 
                pollution from freight transportation and delivery, 
                including through the use of innovative vehicles that 
                produce fewer greenhouse gas emissions;
                  (H) use of centralized delivery locations;
                  (I) designated freight vehicle parking and staging 
                areas;
                  (J) curb space management; and
                  (K) other projects, as determined appropriate by the 
                Secretary.
          (3) Award prioritization.--
                  (A) In general.--In providing funds set aside under 
                this section, the Secretary shall prioritize applicants 
                serving urbanized areas, as described in subsection 
                (c), that are experiencing a high degree of recurrent 
                congestion due to freight transportation, as determined 
                by the Secretary.
                  (B) Additional considerations.--In providing funds 
                set aside under this subsection, the Secretary shall 
                consider the extent to which the proposed project--
                          (i) reduces freight-related traffic 
                        congestion and improves the reliability of the 
                        freight transportation system;
                          (ii) mitigates the adverse impacts of 
                        freight-related traffic congestion on the 
                        surface transportation system, including safety 
                        and environmental impacts;
                          (iii) maximizes the use of existing capacity;
                          (iv) employs innovative, integrated, and 
                        multimodal solutions to the items described in 
                        clauses (i) through (iii);
                          (v) leverages Federal funds with non-Federal 
                        contributions; and
                          (vi) integrates regional multimodal 
                        transportation management and operational 
                        projects that address both passenger and 
                        freight congestion.
          (4) Flexibility.--If the Secretary determines that there are 
        insufficient qualified applicants to use the funds set aside 
        under this subsection, the Secretary may use such funds for 
        grants for any projects eligible under this section.
  (j) Report.--
          (1) Recipient report.--The Secretary shall ensure that not 
        later than 2 years after the Secretary awards grants under this 
        section, the recipient of each such grant submits to the 
        Secretary a report that contains--
                  (A) information on each activity or project that 
                received funding under this section;
                  (B) a summary of any non-Federal resources leveraged 
                by a grant under this section;
                  (C) any statistics, measurements, or quantitative 
                assessments that demonstrate the congestion reduction, 
                reliability, safety, and environmental benefits 
                achieved through activities or projects that received 
                funding under this section; and
                  (D) any additional information required by the 
                Secretary.
          (2) Report to congress.--Not later than 9 months after the 
        date specified in paragraph (1), the Secretary shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works, the Committee on Commerce, Science, and Transportation, 
        and the Committee on Banking, Housing, and Urban Affairs of the 
        Senate, and make publicly available on a website, a report 
        detailing--
                  (A) a summary of any information provided under 
                paragraph (1); and
                  (B) recommendations and best practices to--
                          (i) reduce traffic congestion, including 
                        freight-related traffic congestion, and improve 
                        the reliability of the surface transportation 
                        system;
                          (ii) mitigate the adverse impacts of traffic 
                        congestion, including freight-related traffic 
                        congestion, on the surface transportation 
                        system, including safety and environmental 
                        impacts; and
                          (iii) employ innovative, integrated, and 
                        multimodal solutions to the items described in 
                        clauses (i) and (ii).
  (k) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works, the Committee on 
Commerce, Science, and Transportation, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate of the intention to award such 
a grant.
  (l) Treatment of Projects.--
          (1) Federal requirements.--The Secretary shall, with respect 
        to a project funded by a grant under this section, apply--
                  (A) the requirements of title 23, United States Code, 
                to a highway project;
                  (B) the requirements of chapter 53 of title 49, 
                United States Code, to a public transportation project; 
                and
                  (C) the requirements of section 22905 of title 49, 
                United States Code, to a passenger rail or freight rail 
                project.
          (2) Multimodal projects.--
                  (A) In general.--Except as otherwise provided in this 
                paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                          (i) determine the predominant modal component 
                        of the project; and
                          (ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                  (B) Exceptions.--
                          (i) Passenger or freight rail component.--For 
                        any passenger or freight rail component of a 
                        project, the requirements of section 
                        22907(j)(2) of title 49, United States Code, 
                        shall apply.
                          (ii) Public transportation component.--For 
                        any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49, United States Code, shall apply.
                  (C) Buy america.--In applying the Buy America 
                requirements under section 313 of title 23, United 
                States Code, and sections 5320, 22905(a), and 24305(f) 
                of title 49, United States Code, to a multimodal 
                project under this paragraph, the Secretary shall--
                          (i) consider the various modal components of 
                        the project; and
                          (ii) seek to maximize domestic jobs.
  (m) Treatment of Funds.--Except as provided in subsection (l), funds 
authorized for the purposes described in this section shall be 
available for obligation in the same manner as if the funds were 
apportioned under chapter 1 of title 23, United States Code.

SEC. 1307. REBUILD RURAL BRIDGES PROGRAM.

  (a) Establishment.--The Secretary of Transportation shall establish a 
rebuild rural bridges program to improve the safety and state of good 
repair of bridges in rural communities.
  (b) Grant Authority.--In carrying out the program established in 
subsection (a), the Secretary shall make grants, on a competitive 
basis, to eligible applicants in accordance with this section.
  (c) Applications.--To be eligible for a grant under this section, an 
eligible entity shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
determines appropriate.
  (d) Eligible Projects.--The Secretary--
          (1) shall provide grants under this section to projects 
        eligible under title 23, United States Code, including projects 
        on and off of the Federal-aid highway system, to inspect, 
        replace, rehabilitate, or preserve--
                  (A) an off-system bridge;
                  (B) a bridge on Tribal land; or
                  (C) a bridge in poor condition located in a rural 
                community; and
          (2) may provide a grant for a bundle of bridges described in 
        paragraph (1).
  (e) Eligible Project Costs.--A recipient of a grant under this 
section may use such grant for--
          (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities;
          (2) construction, reconstruction, rehabilitation, acquisition 
        of real property (including land related to the project and 
        improvements to the land), environmental mitigation, and 
        construction contingencies; and
          (3) bridge inspection, evaluation, and preservation.
  (f) Federal Share.--
          (1) In general.--The Federal share of the cost of a project 
        carried out using a grant under this section may not exceed 80 
        percent of the total cost of such project.
          (2) Maximum federal assistance.--Federal assistance other 
        than a grant under this section may be used to satisfy up to 
        100 percent of the total cost of such project.
  (g) Considerations.--In making grants under this section, the 
Secretary shall consider--
          (1) whether the project can be completed without additional 
        Federal funding or financial assistance available to the 
        project sponsor, beyond existing Federal apportionments; and
          (2) the level of benefits the project is expected to 
        generate, including--
                  (A) the costs avoided by the prevention of closure or 
                reduced use of the asset to be improved by the project;
                  (B) reductions in maintenance costs over the life of 
                the asset;
                  (C) safety benefits, including the reduction of 
                accidents and related costs; and
                  (D) benefits to the economy of the rural or Tribal 
                community.
  (h) Investments in Colonias.--
          (1) In general.--Of the grants made available under this 
        section, for fiscal years 2023 through 2026, a total of not 
        less than $10,000,000 shall be made available to provide grants 
        that improve the safety, state of good repair, or connectivity 
        through bridge investments in and providing access to, 
        colonias.
          (2) Colonia defined.--In this section, the term ``colonia'' 
        means any identifiable community that--
                  (A) is in the State of Arizona, California, New 
                Mexico, or Texas;
                  (B) is in the area of the United States within 150 
                miles of the border between the United States and 
                Mexico, except that the term does not include any 
                standard metropolitan statistical area that has a 
                population exceeding 1,000,000;
                  (C) is determined to be a colonia on the basis of 
                objective criteria, including lack of potable water 
                supply, lack of adequate sewage systems, and lack of 
                decent, safe, and sanitary housing; and
                  (D) was in existence as a colonia before November 28, 
                1990.
  (i) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate of the 
intention to award such a grant.
  (j) Definitions.--In this section:
          (1) Eligible applicant.--The term ``eligible applicant'' 
        means--
                  (A) a State;
                  (B) a metropolitan planning organization or a 
                regional transportation planning organization;
                  (C) a unit of local government;
                  (D) a Federal land management agency;
                  (E) an Indian Tribe or Tribal organization;
                  (F) a territory; and
                  (G) a multijurisdictional group of entities described 
                in subparagraph (A) through (F).
          (2) Off system bridge.--The term ``off-system bridge'' has 
        the meaning given such term in section 133(f) of title 23, 
        United States Code, (as added by this Act).
          (3) Rural community.--The term ``rural community'' means an 
        area that is not an urbanized area, as such term is defined in 
        section 101(a) of title 23, United States Code.

SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.

  (a) Establishment.--The Secretary of Transportation shall establish a 
program under which the Secretary shall make grants, on a competitive 
basis, to eligible entities to address the shortage of parking for 
commercial motor vehicles to improve the safety of commercial motor 
vehicle operators.
  (b) Applications.--To be eligible for a grant under this section, an 
eligible entity shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
may require.
  (c) Eligible Projects.--Projects eligible under this section are 
projects that--
          (1) construct safety rest areas that include parking for 
        commercial motor vehicles;
          (2) construct commercial motor vehicle parking facilities--
                  (A) adjacent to private commercial truckstops and 
                travel plazas;
                  (B) within the boundaries of, or adjacent to, a 
                publicly owned freight facility, including a port 
                terminal operated by a public authority; and
                  (C) at existing facilities, including inspection and 
                weigh stations and park-and-ride locations;
          (3) open existing weigh stations, safety rest areas, and 
        park-and-ride facilities to commercial motor vehicle parking;
          (4) facilitate access to publicly and privately provided 
        commercial motor vehicle parking, such as through the use of 
        intelligent transportation systems;
          (5) construct turnouts along a Federal-aid highway for 
        commercial motor vehicles;
          (6) make capital improvements to public commercial motor 
        vehicle parking facilities that are closed on a seasonal basis 
        to allow the facilities to remain open year-round;
          (7) open existing commercial motor vehicle chain-up areas 
        that are closed on a seasonal basis to allow the facilities to 
        remain open year-round for commercial motor vehicle parking;
          (8) address commercial motor vehicle parking and layover 
        needs in emergencies that strain the capacity of existing 
        publicly and privately provided commercial motor vehicle 
        parking; and
          (9) make improvements to existing commercial motor vehicle 
        parking facilities, including advanced truckstop 
        electrification systems.
  (d) Use of Funds.--
          (1) In general.--An eligible entity may use a grant under 
        this section for--
                  (A) development phase activities, including planning, 
                feasibility analysis, benefit-cost analysis, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities 
                necessary to advance a project described in subsection 
                (c); and
                  (B) construction and operational improvements, as 
                such terms are defined in section 101 of title 23, 
                United States Code.
          (2) Private sector participation.--An eligible entity that 
        receives a grant under this section may partner with a private 
        entity to carry out an eligible project under this section.
          (3) Limitation.--Not more than 10 percent of the amounts made 
        available to carry out this section may be used to promote the 
        availability of existing commercial motor vehicle parking.
  (e) Selection Criteria.--In making grants under this section, the 
Secretary shall consider--
          (1) in the case of construction of new commercial motor 
        vehicle parking capacity, the shortage of public and private 
        commercial motor vehicle parking near the project; and
          (2) the extent to which each project--
                  (A) would increase commercial motor vehicle parking 
                capacity or utilization;
                  (B) would facilitate the efficient movement of 
                freight;
                  (C) would improve safety, traffic congestion, and air 
                quality;
                  (D) is cost effective; and
                  (E) reflects consultation with motor carriers, 
                commercial motor vehicle operators, and private 
                providers of commercial motor vehicle parking.
  (f) Notification of Congress.--Not later than 3 business days before 
announcing a project selected to receive a grant under this section, 
the Secretary of Transportation shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate of the 
intention to award such a grant.
  (g) Federal Share.--The Federal share of the cost of a project under 
this section shall be determined in accordance with subsections (b) and 
(c) of section 120 of title 23, United States Code.
  (h) Prohibition on Charging Fees.--To be eligible for a grant under 
this section, an eligible entity shall certify that no fees will be 
charged for the use of a project assisted with such grant.
  (i) Amendment to MAP-21.--Section 1401(c)(1) of MAP-21 (23 U.S.C. 137 
note) is amended--
          (1) by inserting ``and private providers of commercial motor 
        vehicle parking'' after ``personnel''; and
          (2) in subparagraph (A) by striking ``the capability of the 
        State to provide'' and inserting ``the availability of''.
  (j) Survey; Comparative Assessment; Report.--
          (1) Update.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall update the survey of 
        each State required under section 1401(c)(1) of the MAP-21 (23 
        U.S.C. 137 note).
          (2) Report.--Not later than 1 year after the deadline under 
        paragraph (1), the Secretary shall publish on the website of 
        the Department of Transportation a report that--
                  (A) evaluates the availability of adequate parking 
                and rest facilities for commercial motor vehicles 
                engaged in interstate transportation;
                  (B) evaluates the effectiveness of the projects 
                funded under this section in improving access to 
                commercial motor vehicle parking; and
                  (C) reports on the progress being made to provide 
                adequate commercial motor vehicle parking facilities in 
                the State.
          (3) Consultation.--The Secretary shall prepare the report 
        required under paragraph (2) in consultation with--
                  (A) relevant State motor carrier safety personnel;
                  (B) motor carriers and commercial motor vehicle 
                operators; and
                  (C) private providers of commercial motor vehicle 
                parking.
  (k) Definitions.--In this section:
          (1) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31132 of 
        title 49, United States Code.
          (2) Eligible entity.--The term ``eligible entity'' means--
                  (A) a State;
                  (B) a metropolitan planning organization;
                  (C) a unit of local government;
                  (D) a political subdivision of a State or local 
                government carrying out responsibilities relating to 
                commercial motor vehicle parking; and
                  (E) a multistate or multijurisdictional group of 
                entities described in subparagraphs (A) through (D).
          (3) Safety rest area.--The term ``safety rest area'' has the 
        meaning given such term in section 120(c) of title 23, United 
        States Code.

SEC. 1309. ACTIVE CONNECTED TRANSPORTATION GRANT PROGRAM.

  (a) Establishment.--The Secretary of Transportation shall establish 
an active connected transportation grant program to provide for safe 
and connected active transportation networks and active transportation 
connectors.
  (b) Grant Authority.--In carrying out the program established in 
subsection (a), the Secretary shall make grants, on a competitive 
basis, in accordance with this section.
  (c) Eligible Applicants.--The Secretary may make a grant under this 
section to--
          (1) a State;
          (2) a metropolitan planning organization;
          (3) a regional transportation authority;
          (4) a unit of local government, including a county or multi-
        county special district;
          (5) a Federal land management agency;
          (6) a natural resource or public land agency;
          (7) an Indian Tribe or Tribal organization;
          (8) any local or regional governmental entity with 
        responsibility for or oversight of transportation or 
        recreational trails; and
          (9) a multistate or multijurisdictional group of entities 
        described in this subsection.
  (d) Applications.--To be eligible for a grant under this section, an 
entity specified under subsection (c) shall submit to the Secretary an 
application in such form, at such time, and containing such information 
as the Secretary determines appropriate.
  (e) Eligible Projects.--The Secretary shall provide grants under this 
section to projects that improve the connectivity and the use of active 
transportation facilities--
          (1) including--
                  (A) active transportation networks;
                  (B) active transportation connectors; and
                  (C) planning related to the development of--
                          (i) active transportation networks;
                          (ii) active transportation connectors; and
                          (iii) vision zero plans or complete streets 
                        prioritization plans under section 1601; and
          (2) that have--
                  (A) total project costs of not less than $15,000,000; 
                or
                  (B) in the case of planning grants under subsection 
                (f)(2), a total cost of not less than $100,000.
  (f) Use of Funds.--
          (1) In general.--Of the amounts made available to carry out 
        this section for fiscal years 2023 through 2026 and except as 
        provided in paragraph (2), the Secretary shall obligate--
                  (A) not less than 30 percent to eligible projects 
                that construct active transportation networks; and
                  (B) not less than 30 percent to eligible projects 
                that construct active transportation connectors.
          (2) Planning grants.--Of the amounts made available to carry 
        out this section for fiscal years 2023 through 2026, the 
        Secretary may use not more than 10 percent to provide planning 
        grants to eligible applicants for activities under subsection 
        (e)(1)(C).
  (g) Considerations.--In making grants under this section, the 
Secretary shall consider the extent to which--
          (1) a project is likely to provide substantial additional 
        opportunities for active transportation, including walking and 
        bicycling, including through the creation of--
                  (A) active transportation networks connecting 
                destinations within or between communities, including 
                between schools, workplaces, residences, businesses, 
                recreation areas, and other community areas; and
                  (B) active transportation connectors connecting 2 or 
                more communities, metropolitan areas, or States, 
                including greenway paths;
          (2) an applicant has adequately considered or will consider, 
        including through the opportunity for public comment, the 
        environmental justice and equity impacts of the project;
          (3) the project would improve safety for vulnerable road 
        users, including through the use of complete street design 
        policies or a safe system approach; and
          (4) a project integrates active transportation facilities 
        with public transportation services, where available, to 
        improve access to public transportation.
  (h) Limitation.--
          (1) In general.--The share of the cost of a project assisted 
        with a grant under this section may not exceed 80 percent.
          (2) Maximum federal assistance.--Federal assistance other 
        than a grant under this section may be used to satisfy up to 
        100 percent of the total project cost.
  (i) Eligible Project Costs.--Amounts made available for a project 
under this section may be used for--
          (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
          (2) construction, reconstruction, rehabilitation, acquisition 
        of real property (including land related to the project and 
        improvements to the land), environmental mitigation, 
        construction contingencies, acquisition of equipment, and 
        operational improvements.
  (j) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary of Transportation shall notify 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant.
  (k) Definitions.--In this section:
          (1) Active transportation network.--The term ``active 
        transportation network'' means facilities built for alternative 
        methods of transportation to motor vehicles for individuals, 
        including sidewalks, bikeways, and pedestrian and bicycle 
        trails, that connect destinations within an area covered by a 
        unit of local government, a county, a community, including a 
        community on Federal lands, or a metropolitan area.
          (2) Active transportation connector.--The term ``active 
        transportation connector'' means facilities built for 
        alternative methods of transportation to motor vehicles for 
        individuals, including sidewalks, bikeways, and pedestrian and 
        bicycle trails, that connect 2 or more active transportation 
        networks or connect communities, areas covered by a unit of 
        local government, counties, metropolitan areas, Federal lands, 
        or States.
          (3) Greenway path.--The term ``greenway path'' means an 
        active transportation connector that--
                  (A) crosses jurisdictional boundaries, including 
                State lines, and provides for connectivity between 
                multiple communities, counties, metropolitan areas, or 
                States; or
                  (B) is a component of a regionally or nationally 
                significant network.
          (4) Safe system approach.--The term ``safe system approach'' 
        has the meaning given such term in section 148(a) of title 23, 
        United States Code.
          (5) Vulnerable road user.--The term ``vulnerable road user'' 
        has the meaning given such term in section 148(a) of title 23, 
        United States Code.

SEC. 1310. WILDLIFE CROSSINGS PROGRAM.

  (a) Establishment.--The Secretary shall establish a competitive 
wildlife crossings grant program (referred to in this section as the 
``program'') to provide grants for projects that seek to achieve--
          (1) a reduction in the number of wildlife-vehicle collisions; 
        and
          (2) improved habitat connectivity for terrestrial and aquatic 
        species.
  (b) Eligible Entities.--The Secretary may make grants under the 
program to the following entities:
          (1) A State.
          (2) An Indian Tribe or Tribal organization.
          (3) A territory.
          (4) A Federal land management agency described in section 
        203(b) of title 23, United States Code.
          (5) A group of entities described in paragraphs (1) through 
        (4).
  (c) Applications.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
  (d) Considerations.--In selecting grant recipients under the program, 
the Secretary shall consider the following:
          (1) Primary criteria.--The extent to which the proposed 
        project is likely to protect motorists and wildlife by reducing 
        the number of wildlife-vehicle collisions and improve habitat 
        connectivity for terrestrial and aquatic species.
          (2) Secondary criteria.--
                  (A) The resilience benefits of the project.
                  (B) The extent to which the project incorporates 
                climate science, including expected changes in 
                migration patterns.
                  (C) The extent to which the project sponsor has 
                coordinated with the relevant State agency with 
                jurisdiction over fish and wildlife, if appropriate.
                  (D) In the case of a project involving species listed 
                as threatened species or endangered species under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), whether the project sponsor has coordinated with 
                the United States Fish and Wildlife Service.
                  (E) Other ecological benefits of the project, 
                including--
                          (i) reductions in stormwater runoff and other 
                        water pollution; and
                          (ii) the benefits of improved habitat 
                        connectivity for pollinators and the use of 
                        natively appropriate grasses.
                  (F) Whether the project supports local economic 
                development and improvement of visitation 
                opportunities.
                  (G) The extent to which the project incorporates 
                innovative technologies, including advanced design 
                techniques and other strategies to enhance efficiency 
                and effectiveness in reducing wildlife-vehicle 
                collisions and improving habitat connectivity for 
                terrestrial and aquatic species.
                  (H) The extent to which the project provides 
                educational and outreach opportunities.
                  (I) Whether the project will further research to 
                evaluate, compare effectiveness of, and identify best 
                practices in selected projects.
                  (J) How the benefits compare to the costs of the 
                project.
                  (K) Any other criteria relevant to reducing the 
                number of wildlife-vehicle collisions and improving 
                habitat connectivity for terrestrial and aquatic 
                species, as the Secretary determines to be appropriate.
  (e) Eligible Project Costs.--Grant amounts for a project under this 
section may be used for--
          (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities;
          (2) construction (including construction of protective 
        features), reconstruction, rehabilitation, acquisition of real 
        property (including land related to the project and 
        improvements to the land), environmental mitigation, 
        construction contingencies, acquisition of equipment, and 
        operational improvements; and
          (3) planning and technical assistance activities consistent 
        with section 5107 of title 49, United States Code, including--
                  (A) data collection on wildlife-vehicle collisions;
                  (B) integration of State, Tribal, territorial, 
                regional, or Federal wildlife conservation plans and 
                data collection with transportation planning and 
                project selection;
                  (C) technical assistance, including workforce 
                development training, on reducing wildlife-vehicle 
                collisions and improving habitat connectivity for 
                terrestrial and aquatic species; and
                  (D) education and public outreach to reduce wildlife-
                vehicle collisions.
  (f) Partnerships.--
          (1) In general.--A grant received under the program may be 
        used to provide funds to an eligible partner as a subrecipient, 
        in accordance with the terms of the project agreement and 
        subject to the requirements of this section.
          (2) Eligible partner defined.--In this section, the term 
        ``eligible partner'' means--
                  (A) an eligible entity described in subsection (b);
                  (B) a metropolitan planning organization;
                  (C) a unit of local government;
                  (D) a regional transportation authority;
                  (E) a special purpose district or public authority 
                with a transportation function, including a port 
                authority;
                  (F) a non-profit entity or institution of higher 
                education; or
                  (G) a Federal, Tribal, regional, State, or local 
                governmental entity not described in subsection (b).
  (g) Requirements.--
          (1) Rural projects.--The Secretary shall reserve not less 
        than 50 percent of the amounts made available under this 
        section for projects located in a rural community.
          (2) Resilience.--A project under this section shall be 
        designed to ensure resilience over the anticipated service life 
        of the asset.
          (3) Limitation.--The Secretary may not award more than 10 
        percent of the amounts made available under this section for 
        grants that propose only activities described in subsection 
        (e)(3).
  (h) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate of the 
intention to award such a grant.
  (i) Annual Report.--
          (1) In general.--Not later than December 31 of each calendar 
        year, the Secretary shall publish, on the website of the 
        Department of Transportation, a report describing the 
        activities under the program for the fiscal year that ends 
        during that calendar year.
          (2) Contents.--The report under paragraph (1) shall include--
                  (A) a detailed description of the activities carried 
                out under the program;
                  (B) an evaluation of the effectiveness of the program 
                in meeting the purposes described in subsection (b); 
                and
                  (C) policy recommendations, if any, to improve the 
                effectiveness of the program.
  (j) Definitions.--In this section:
          (1) Protective features.--The term ``protective features'' 
        has the meaning given such term in section 101 of title 23, 
        United States Code.
          (2) Resilience.--The term ``resilience'' has the meaning 
        given that term in section 101 of title 23, United States Code.
          (3) Rural community.--The term ``rural community'' means any 
        area of a State or territory that is not an urbanized area, as 
        such term is defined in section 101 of title 23, United States 
        Code.
          (4) Secretary.--The term ``Secretary'' has the meaning given 
        such term in section 101 of title 23, United States Code.
          (5) State.--The term ``State'' has the meaning given such 
        term in section 101 of title 23, United States Code.

SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM.

  (a) Establishment.--The Secretary of Transportation shall establish a 
reconnecting neighborhoods program under which an eligible entity may 
apply for funding in order to identify, remove, replace, retrofit, or 
remediate the effects from eligible facilities and restore or improve 
connectivity, mobility, and access in disadvantaged and underserved 
communities, including--
          (1) studying the feasibility and impacts of removing, 
        retrofitting, or remediating the effects on community 
        connectivity from an existing eligible facility;
          (2) conducting preliminary engineering and final design 
        activities for a project to remove, retrofit, or remediate the 
        effects on community connectivity from an existing eligible 
        facility;
          (3) conducting construction activities necessary to carry out 
        a project to remove, retrofit, or remediate the effects on 
        community connectivity from an existing eligible facility; and
          (4) ensuring any activities carried out under this section--
                  (A) focus on improvements that will benefit the 
                populations impacted by or previously displaced by the 
                eligible facility; and
                  (B) emphasize equity by garnering community 
                engagement, avoiding future displacement, and ensuring 
                local participation in the planning process.
  (b) Eligible Entities.--
          (1) In general.--The Secretary may award a planning grant or 
        a capital construction grant to--
                  (A) a State;
                  (B) a unit of local government;
                  (C) an Indian Tribe or Tribal organization;
                  (D) a territory;
                  (F) a metropolitan planning organization;
                  (G) a transit agency;
                  (H) a special purpose district with a transportation 
                function; and
                  (I) a group of entities described in this paragraph.
          (2) Partnerships.--An eligible entity may enter into an 
        agreement with the following entities to carry out the eligible 
        activities under this section:
                  (A) A nonprofit organization.
                  (B) An institution of higher education, as such term 
                is defined in section 101 of the Higher Education Act 
                of 1965 (20 U.S.C. 1001), including historically black 
                colleges and universities, defined as the term 
                ``Predominantly Black institution'' is defined in 
                section 371(c) of the Higher Education Act of 1965 (20 
                U.S.C. 1067q(c)).
  (c) Planning Grants.--
          (1) In general.--The Secretary may award grants (referred to 
        in this section as a ``planning grants'') to carry out planning 
        activities described in paragraph (2).
          (2) Eligible activities described.--The planning activities 
        referred to in paragraph (1) are--
                  (A) planning studies to evaluate the feasibility of 
                removing, retrofitting, or remediating an existing 
                eligible facility to restore community connectivity, 
                including evaluations of--
                          (i) current traffic patterns on the eligible 
                        facility proposed for removal, retrofit, or 
                        remediation and the surrounding street network;
                          (ii) the capacity of existing transportation 
                        networks to maintain mobility needs;
                          (iii) an analysis of alternative roadway 
                        designs or other uses for the right-of-way of 
                        the eligible facility, including an analysis of 
                        whether the available right-of-way would 
                        suffice to create an alternative roadway 
                        design;
                          (iv) the effect of the removal, retrofit, or 
                        remediation of the eligible facility on the 
                        mobility of freight and people;
                          (v) the effect of the removal, retrofit, or 
                        remediation of the eligible facility on the 
                        safety of the traveling public;
                          (vi) the cost to remove, retrofit, or 
                        remediate the eligible facility--
                                  (I) to restore community 
                                connectivity; and
                                  (II) to convert the eligible facility 
                                to a roadway design or use that 
                                increases safety, mobility, and access 
                                for all users, compared to any expected 
                                costs for necessary maintenance or 
                                reconstruction of the eligible 
                                facility; and
                          (vii) the environmental impacts of retaining 
                        or reconstructing the eligible facility and the 
                        anticipated effect of the proposed alternative 
                        use or roadway design;
                  (B) public engagement activities to provide 
                opportunities for public input into a plan to remove, 
                replace, retrofit, or remediate the effects from an 
                eligible facility, including--
                          (i) building organizational or community 
                        capacity to, and educating community members on 
                        how to, engage in and contribute to eligible 
                        planning activities described in subsection 
                        (c)(2);
                          (ii) identifying community needs and desires 
                        for community improvements and developing 
                        community driven solutions in carrying out 
                        eligible planning activities described in 
                        subsection (c)(2);
                          (iii) conducting assessments of equity, 
                        mobility and access, environmental justice, 
                        affordability, economic opportunity, health 
                        outcomes, and other local goals to be used in 
                        carrying out eligible planning activities 
                        described in subsection (c)(2); and
                          (iv) forming a community advisory board in 
                        accordance with subsection (d)(7);
                  (C) other transportation planning activities required 
                in advance of a project to remove, retrofit, or 
                remediate an existing eligible facility to restore 
                community connectivity, as determined by the Secretary;
                  (D) evaluating land use and zoning changes necessary 
                to improve equity and maximize transit-oriented 
                development in connection with project eligible for a 
                capital construction grant, including activities 
                eligible under section 5327 of title 49, United States 
                Code; and
                  (E) establishment of anti-displacement and equitable 
                neighborhood revitalization strategies in connection 
                with project eligible for a capital construction grant, 
                including establishment of a community land trust for 
                land acquisition, land banking, and equitable transit-
                oriented development.
          (3) Technical assistance.--
                  (A) In general.--The Secretary may provide technical 
                assistance described in subparagraph (B) to an eligible 
                entity.
                  (B) Technical assistance described.--The technical 
                assistance referred to in subparagraph (A) is technical 
                assistance in building organizational or community 
                capacity--
                          (i) to conduct transportation planning; and
                          (ii) to identify innovative solutions to 
                        challenges posed by existing eligible 
                        facilities, including reconnecting communities 
                        that--
                                  (I) are bifurcated by eligible 
                                facilities; or
                                  (II) lack safe, reliable, and 
                                affordable transportation choices.
          (4) Selection.--The Secretary shall--
                  (A) solicit applications for--
                          (i) planning grants;
                          (ii) technical assistance under paragraph 
                        (3); and
                          (iii) the activities would benefit 
                        populations impacted by or previously displaced 
                        by an eligible facility; and
                  (B) evaluate applications for a planning grant on the 
                basis of the demonstration by the applicant that--
                          (i) the eligible facility--
                                  (I) creates barriers to mobility, 
                                access, or economic development; or
                                  (II) is not justified by current and 
                                forecast future travel demand; and
                          (ii) on the basis of preliminary assessment 
                        into the feasibility of removing, retrofitting, 
                        or remediating the eligible facility to restore 
                        community connectivity, and increase safety, 
                        mobility, and access for all users, further 
                        planning activities are necessary and likely to 
                        be productive.
          (5) Award amounts.--A planning grant may not exceed 
        $2,000,000 for any recipient.
          (6) Federal share.--The total Federal share of the cost of a 
        planning activity for which a planning grant is used may not 
        exceed 80 percent.
  (d) Capital Construction Grants.--
          (1) Eligible entities.--The Secretary may award grants 
        (referred to in this section as a ``capital construction 
        grants'') to eligible entities to carry out eligible projects 
        described in paragraph (3).
          (2) Partnerships.--In the case that the owner of an eligible 
        facility that is the subject of the capital construction grant 
        is not an eligible entity, an eligible entity shall demonstrate 
        the existence of a partnership with the owner of the eligible 
        facility.
          (3) Eligible projects.--A project eligible to be carried out 
        with a capital construction grant includes the following:
                  (A) The removal, retrofit, or remediation of the 
                effects on community connectivity from of an eligible 
                facility.
                  (B) The replacement of an eligible facility with a 
                new facility that--
                          (i) restores community connectivity;
                          (ii) employs context sensitive solutions 
                        appropriate for the surrounding community; and
                          (iii) is otherwise eligible for funding under 
                        title 23, United States Code.
                  (C) Support for community partnerships, including a 
                community advisory board described under paragraph (7), 
                in connection with a capital construction grant awarded 
                under this subsection.
                  (D) Other activities required to remove, replace, 
                retrofit, or remediate an existing eligible facility, 
                as determined by the Secretary.
          (4) Selection.--The Secretary shall--
                  (A) solicit applications for capital construction 
                grants;
                  (B) evaluate applications on the basis of--
                          (i) the degree to which the project will 
                        improve mobility and access through the removal 
                        of barriers;
                          (ii) the appropriateness of removing, 
                        retrofitting, or remediating the effects on 
                        community connectivity from the eligible 
                        facility, based on current traffic patterns and 
                        the ability of the project and the regional 
                        transportation network to absorb transportation 
                        demand and provide safe mobility and access;
                          (iii) the impact of the project on freight 
                        movement;
                          (iv) the results of a cost-benefit analysis 
                        of the project;
                          (v) the extent to which the grantee has plans 
                        for inclusive economic development in place, 
                        including the existing land use and whether the 
                        zoning provides for equitable and transit-
                        oriented development of underutilized land;
                          (vi) the degree to which the eligible 
                        facility is out of context with the current or 
                        planned land use;
                          (vii) the results of any feasibility study 
                        completed for the project;
                          (viii) whether the eligible facility is 
                        likely to need replacement or significant 
                        reconstruction within the 20-year period 
                        beginning on the date of the submission of the 
                        application;
                          (ix) whether the project is consistent with 
                        the relevant long-range transportation plan and 
                        included in the relevant statewide 
                        transportation improvement program;
                          (x) whether the project is consistent with, 
                        and how the project would impact, the relevant 
                        transportation performance management targets; 
                        and
                          (xi) the extent to which the project benefits 
                        populations impacted by or previously displaced 
                        by the eligible facility;
                  (C) ensure that the project has conducted sufficient 
                community engagement, such as the activities described 
                in subsection (c)(2)(B); and
                  (D) ensure that the jurisdiction in which the 
                eligible facility is located has an anti-displacement 
                policy or a community land trust in place.
          (5) Minimum award amounts.--A capital construction grant 
        shall be in an amount not less than $5,000,000 for each 
        recipient.
          (6) Federal share.--
                  (A) In general.--Subject to subparagraph (B), the 
                Federal share of the total cost of a project carried 
                out using a capital construction grant may not exceed 
                80 percent.
                  (B) Maximum federal involvement.--Federal assistance 
                other than a capital construction grant may be used to 
                satisfy the non-Federal share of the cost of a project 
                for which the grant is awarded.
          (7) Community advisory board.--
                  (A) In general.--To help achieve inclusive economic 
                development benefits with respect to the project for 
                which a grant is awarded, a grant recipient may form a 
                community advisory board, which, if formed, shall--
                          (i) facilitate community engagement with 
                        respect to the project; and
                          (ii) track progress with respect to 
                        commitments of the grant recipient to inclusive 
                        employment, contracting, and economic 
                        development under the project.
                  (B) Membership.--If a grant recipient forms a 
                community advisory board under subparagraph (A), the 
                community advisory board shall be composed of 
                representatives of--
                          (i) the community, including residents in the 
                        immediate vicinity of the project;
                          (ii) owners of businesses that serve the 
                        community;
                          (iii) labor organizations that represent 
                        workers that serve the community;
                          (iv) State and local government; and
                          (v) private and non-profit organizations that 
                        represent local community development.
                  (C) Diversity.--The community advisory board shall be 
                representative of the community served by the project.
  (e) Priorities.--In selecting recipients of planning grants, capital 
construction grants, and technical assistance under this section, the 
Secretary shall give priority to--
          (1) an application from a community that is economically 
        disadvantaged, including an environmental justice community, an 
        underserved community, or a community located in an area of 
        persistent poverty (as such term is defined in section 101 of 
        title 23, United States Code); and
          (2) an eligible entity that has--
                  (A) entered into a community benefits agreement with 
                representatives of the community or formed a community 
                advisory board under paragraph (7) of subsection (d);
                  (B) demonstrated a plan for employing residents in 
                the area impacted by the activity or project through 
                targeted hiring programs; and
                  (C) demonstrated a plan for improving transportation 
                system access.
  (f) Administrative Expenses.--Of amounts made available to carry out 
this section, the Secretary may set aside not more than $5,000,000 in 
each fiscal year for the costs of administering the program under this 
section.
  (g) Technical Assistance.--Of amounts made available to carry out 
this section, the Secretary may set aside not more than $5,000,000 in 
each fiscal year to provide technical assistance to eligible entities 
under subsection (c)(3).
  (h) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that--
          (1) identifies and creates an online mapping tool showing any 
        examples of potential projects to remove eligible facilities, 
        and assesses the potential impacts of carrying out such 
        projects; and
          (2) assesses projects funded under subsection (d) to provide 
        best practices.
  (i) Definitions.--In this section:
          (1) Anti-displacement policy.--The term ``anti-displacement 
        policy'' means a policy that limits the displacement of low-
        income, disadvantaged, and underserved communities from 
        neighborhoods due to new investments in housing, businesses, 
        and infrastructure.
          (2) Community land trust.--The term ``community land trust'' 
        means a nonprofit organization established or with the 
        responsibility, as applicable--
                  (A) to develop the real estate created by the removal 
                or capping of an eligible facility; and
                  (B) to carry out anti-displacement or community 
                development strategies, including--
                          (i) affordable housing preservation and 
                        development;
                          (ii) homeownership and property improvement 
                        programs;
                          (iii) the development or rehabilitation of 
                        park space or recreation facilities; and
                          (iv) community revitalization and economic 
                        development projects.
          (3) Eligible facility.--
                  (A) In general.--The term ``eligible facility'' means 
                a highway or other transportation facility that creates 
                a barrier to community connectivity, including barriers 
                to mobility, access, or economic development, due to 
                high speeds, grade separations, or other design 
                factors.
                  (B) Inclusions.--In this section, the term ``eligible 
                facility'' may include--
                          (i) a limited access highway;
                          (ii) a railway;
                          (iii) a viaduct;
                          (iv) a principal arterial facility; or
                          (v) any other transportation facility for 
                        which the high speeds, grade separation, or 
                        other design factors create an obstacle to 
                        connectivity.

SEC. 1312. APPRENTICESHIP UTILIZATION.

  (a) In General.--
          (1) Certification requirement.--To receive a grant under 
        sections 117 and 173 of title 23, United States Code, and 
        section 1311 of this Act, each applicant shall include in a 
        grant application a certification that such applicant will 
        ensure that any contractor or subcontractor utilized in 
        carrying out activities with such grant--
                  (A) meets or exceeds the apprenticeship employment 
                goal; and
                  (B) to the extent practicable, employs qualified 
                apprentices from traditionally underrepresented 
                populations, including women and minorities, in meeting 
                or exceeding such goal.
          (2) Exceptions.--The Secretary may adjust the requirements of 
        this section if the grant applicant--
                  (A) demonstrates a lack of availability of qualified 
                apprentices in a specific geographic area; or
                  (B) makes a good faith effort to comply with the 
                requirements of this section.
  (b) Regulations.--The Secretary shall have the authority to issue 
such regulations or other guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
requirements of this section, including reporting requirements for 
applicants awarded a grant.
  (c) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
the utilization of qualified apprentices for projects carried out under 
sections 117 and 173 of title 23, United States Code, and section 1311 
of this Act, that includes--
          (1) the total number of labor hours fulfilled by qualified 
        apprentices;
          (2) the total number of qualified apprentices employed;
          (3) the total number of grant recipients that met or exceeded 
        the apprenticeship employment goal; and
          (4) best practices utilized by grant recipients that met or 
        exceeded the apprenticeship employment goal.
  (d) Public Transparency.--At the end of each fiscal year, the 
Secretary shall make available on a public website information on the 
utilization of qualified apprentices in the preceding fiscal year for 
each grant program under sections 117 and 173 of title 23, United 
States Code, and section 1311 of this Act, including--
          (1) the total number of grant applicants that certified they 
        would be able to meet or exceed the apprenticeship employment 
        goal under subsection (a); and
          (2) the total number of grants awarded for which applicants 
        certified they would be able to meet or exceed the 
        apprenticeship employment goal.
  (e) Definitions.--In this section:
          (1) Apprenticeship employment goal.--The term 
        ``apprenticeship employment goal'' means the utilization of 
        qualified apprentices for not less than 15 percent of the total 
        labor hours used for construction activities for a project.
          (2) Qualified apprentice.--The term ``qualified apprentice'' 
        means an employee participating in an apprenticeship program 
        that--
                  (A) is registered with the Office of Apprenticeship 
                of the Employment Training Administration of the 
                Department of Labor or a State apprenticeship agency 
                recognized by such Office of Apprenticeship pursuant to 
                the Act of August 16, 1937 (29 U.S.C. 50 et seq.; 
                commonly known as the ``National Apprenticeship Act''); 
                and
                  (B) satisfies the requirements of subpart A of part 
                29 and part 30 of title 29, Code of Federal 
                Regulations.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Transportation.

   Subtitle D--Planning, Performance Management, and Asset Management

SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.

  Section 134 of title 23, United States Code, is amended--
          (1) in subsection (a) by striking ``resiliency needs while 
        minimizing transportation-related fuel consumption and air 
        pollution'' and inserting ``resilience and climate change 
        adaptation needs while reducing transportation-related fuel 
        consumption, air pollution, and greenhouse gas emissions'';
          (2) in subsection (b)--
                  (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                  (B) by inserting after paragraph (5) the following:
          ``(6) STIP.--The term `STIP' means a statewide transportation 
        improvement program developed by a State under section 
        135(g).'';
          (3) in subsection (c)--
                  (A) in paragraph (1) by striking ``and transportation 
                improvement programs'' and inserting ``and TIPs''; and
                  (B) by adding at the end the following:
          ``(4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider direct and 
        indirect emissions of greenhouse gases.'';
          (4) in subsection (d)--
                  (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of MAP-21, each'' and 
                inserting ``Each'';
                  (B) in paragraph (3) by adding at the end the 
                following:
                  ``(D) Equitable and proportional representation.--
                          ``(i) In general.--In designating officials 
                        or representatives under paragraph (2), the 
                        metropolitan planning organization shall ensure 
                        the equitable and proportional representation 
                        of the population of the metropolitan planning 
                        area.
                          ``(ii) Savings clause.--Nothing in this 
                        paragraph shall require a metropolitan planning 
                        organization in existence on the date of 
                        enactment of this subparagraph to be 
                        restructured.
                          ``(iii) Redesignation.--Notwithstanding 
                        clause (ii), the requirements of this paragraph 
                        shall apply to any metropolitan planning 
                        organization redesignated under paragraph 
                        (6).'';
                  (C) in paragraph (6)(B) by striking ``paragraph (2)'' 
                and inserting ``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 one metropolitan 
                planning organization is designated within an urbanized 
                area under subsection (d)(7), the metropolitan planning 
                organizations designated within the area shall ensure, 
                to the maximum extent practicable, the consistency of 
                any data used in the planning process, including 
                information used in forecasting transportation demand.
                  ``(B) Savings clause.--Nothing in this paragraph 
                requires metropolitan planning organizations designated 
                within a single urbanized area to jointly develop 
                planning documents, including a unified long-range 
                transportation plan or unified TIP.'';
          (6) in subsection (h)(1)--
                  (A) by striking subparagraph (E) and inserting the 
                following:
                  ``(E) protect and enhance the environment, promote 
                energy conservation, reduce greenhouse gas emissions, 
                improve the quality of life and public health, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns, including housing and land use 
                patterns;'';
                  (B) in subparagraph (I)--
                          (i) by inserting ``, sea level rise, extreme 
                        weather, and climate change'' after 
                        ``stormwater''; and
                          (ii) by striking ``and'' at the end;
                  (C) by redesignating subparagraph (J) as subparagraph 
                (M); and
                  (D) by inserting after subparagraph (I) the 
                following:
                  ``(J) support emergency management, response, and 
                evacuation and hazard mitigation;
                  ``(K) improve the level of transportation system 
                access;
                  ``(L) support inclusive zoning policies and land use 
                planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households; 
                and'';
          (7) in subsection (h)(2) by striking subparagraph (A) and 
        inserting the following:
                  ``(A) In general.--Through the use of a performance-
                based approach, transportation investment decisions 
                made as a part of the metropolitan transportation 
                planning process shall support the national goals 
                described in section 150(b), the achievement of 
                metropolitan and statewide targets established under 
                section 150(d), the improvement of transportation 
                system access (consistent with section 150(f)), and the 
                general purposes described in section 5301 of title 
                49.'';
          (8) in subsection (i)--
                  (A) in paragraph (2)(D)(i) by inserting ``reduce 
                greenhouse gas emissions and'' before ``restore and 
                maintain'';
                  (B) in paragraph (2)(G) by inserting ``and climate 
                change'' after ``infrastructure to natural disasters'';
                  (C) in paragraph (2)(H) by inserting ``greenhouse gas 
                emissions,'' after ``pollution,'';
                  (D) in paragraph (5)--
                          (i) in subparagraph (A) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                          (ii) by striking subparagraph (B) and 
                        inserting the following:
                  ``(B) Issues.--The consultation shall involve, as 
                appropriate, comparison of transportation plans to 
                other relevant plans, including, if available--
                          ``(i) State conservation plans or maps; and
                          ``(ii) inventories of natural or historic 
                        resources.''; and
                  (E) by amending paragraph (6)(C) to read as follows:
                  ``(C) Methods.--
                          ``(i) In general.--In carrying out 
                        subparagraph (A), the metropolitan planning 
                        organization shall, to the maximum extent 
                        practicable--
                                  ``(I) hold any public meetings at 
                                convenient and accessible locations and 
                                times;
                                  ``(II) employ visualization 
                                techniques to describe plans; and
                                  ``(III) make public information 
                                available in electronically accessible 
                                format and means, such as the internet, 
                                as appropriate to afford reasonable 
                                opportunity for consideration of public 
                                information under subparagraph (A).
                          ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the metropolitan 
                        planning organization shall, to the maximum 
                        extent practicable--
                                  ``(I) use virtual public involvement, 
                                social media, and other web-based tools 
                                to encourage public participation and 
                                solicit public feedback; and
                                  ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
          (9) in subsection (j) by striking ``transportation 
        improvement program'' and inserting ``TIP'' each place it 
        appears; and
          (10) by striking ``Federally'' each place it appears and 
        inserting ``federally''.

SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

  Section 135 of title 23, United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                  (B) in paragraph (2)--
                          (i) by striking ``The statewide 
                        transportation plan and the'' and inserting the 
                        following:
                  ``(A)  In general.--The statewide transportation plan 
                and the'';
                          (ii) by striking ``transportation improvement 
                        program'' and inserting ``STIP''; and
                          (iii) by adding at the end the following:
                  ``(B) Consideration.--In developing the statewide 
                transportation plans and STIPs, States shall consider 
                direct and indirect emissions of greenhouse gases.''; 
                and
                  (C) in paragraph (3) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
          (2) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (E)--
                                  (I) by inserting ``reduce greenhouse 
                                gas emissions,'' after ``promote energy 
                                conservation,'';
                                  (II) by inserting ``and public 
                                health'' after ``improve the quality of 
                                life''; and
                                  (III) by inserting ``, including 
                                housing and land use patterns'' after 
                                ``economic development patterns'';
                          (ii) in subparagraph (I)--
                                  (I) by inserting ``, sea level rise, 
                                extreme weather, and climate change'' 
                                after ``mitigate stormwater''; and
                                  (II) by striking ``and'' after the 
                                semicolon;
                          (iii) by redesignating subparagraph (J) as 
                        subparagraph (M); and
                          (iv) by inserting after subparagraph (I) the 
                        following:
                  ``(J) facilitate emergency management, response, and 
                evacuation and hazard mitigation;
                  ``(K) improve the level of transportation system 
                access;
                  ``(L) support inclusive zoning policies and land use 
                planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households; 
                and'';
                  (B) in paragraph (2)--
                          (i) by striking subparagraph (A) and 
                        inserting the following:
                  ``(A) In general.--Through the use of a performance-
                based approach, transportation investment decisions 
                made as a part of the statewide transportation planning 
                process shall support--
                          ``(i) the national goals described in section 
                        150(b);
                          ``(ii) the consideration of transportation 
                        system access (consistent with section 150(f));
                          ``(iii) the achievement of statewide targets 
                        established under section 150(d); and
                          ``(iv) the general purposes described in 
                        section 5301 of title 49.''; and
                          (ii) in subparagraph (D) by striking 
                        ``statewide transportation improvement 
                        program'' and inserting ``STIP''; and
                  (C) in paragraph (3) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
          (3) in subsection (e)(3) by striking ``transportation 
        improvement program'' and inserting ``STIP'';
          (4) in subsection (f)--
                  (A) in paragraph (2)(D)--
                          (i) in clause (i) by inserting ``air quality, 
                        public health, housing, transportation, 
                        resilience, hazard mitigation, emergency 
                        management,'' after ``conservation,''; and
                          (ii) by amending clause (ii) to read as 
                        follows:
                          ``(ii) Comparison and consideration.--
                        Consultation under clause (i) shall involve the 
                        comparison of transportation plans to other 
                        relevant plans and inventories, including, if 
                        available--
                                  ``(I) State and tribal conservation 
                                plans or maps; and
                                  ``(II) inventories of natural or 
                                historic resources.'';
                  (B) in paragraph (3)(B)--
                          (i) by striking ``In carrying out'' and 
                        inserting the following:
                          ``(i) In general.--in carrying out'';
                          (ii) by redesignating clauses (i) through 
                        (iv) as subclauses (I) through (IV), 
                        respectively; and
                          (iii) by adding at the end the following:
                          ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the State shall, 
                        to the maximum extent practicable--
                                  ``(I) use virtual public involvement, 
                                social media, and other web-based tools 
                                to encourage public participation and 
                                solicit public feedback; and
                                  ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
                  (C) in paragraph (4)(A) by inserting ``reduce 
                greenhouse gas emissions and'' after ``potential to''; 
                and
                  (D) in paragraph (8) by inserting ``greenhouse gas 
                emissions,'' after ``pollution,'';
          (5) in subsection (g)--
                  (A) in paragraph (1)(A) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                  (B) in paragraph (3) by striking ``operators),,'' and 
                inserting ``operators),'';
                  (C) in paragraph (4) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'' each place it appears;
                  (D) in paragraph (5)--
                          (i) in subparagraph (A) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                          (ii) in subparagraph (B)(ii) by striking 
                        ``metropolitan transportation improvement 
                        program'' and inserting ``TIP'';
                          (iii) in subparagraph (C) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                          (iv) in subparagraph (E) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                          (v) in subparagraph (F)(i) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                          (vi) in subparagraph (G)(ii) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP''; and
                          (vii) in subparagraph (H) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                  (E) in paragraph (6)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``transportation 
                                improvement program'' and inserting 
                                ``STIP''; and
                                  (II) by striking ``and projects 
                                carried out under the bridge program or 
                                the Interstate maintenance program''; 
                                and
                          (ii) in subparagraph (B)--
                                  (I) by striking ``or under the bridge 
                                program or the Interstate maintenance 
                                program'';
                                  (II) by striking ``5310, 5311, 5316, 
                                and 5317'' and inserting ``5310 and 
                                5311''; and
                                  (III) by striking ``statewide 
                                transportation improvement program'' 
                                and inserting ``STIP'';
                  (F) in paragraph (7)--
                          (i) in the heading by striking 
                        ``Transportation improvement program'' and 
                        inserting ``STIP''; and
                          (ii) by striking ``transportation improvement 
                        program'' and inserting ``STIP'';
                  (G) in paragraph (8) by striking ``statewide 
                transportation plans and programs'' and inserting 
                ``statewide transportation plans and STIPs''; and
                  (H) in paragraph (9) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
          (6) in subsection (h)(2)(A) by striking ``Not later than 5 
        years after the date of enactment of the MAP-21,'' and 
        inserting ``Not less frequently than once every 4 years,'';
          (7) in subsection (k) by striking ``transportation 
        improvement program'' and inserting ``STIP'' each place it 
        appears; and
          (8) in subsection (m) by striking ``transportation 
        improvement programs'' and inserting ``STIPs''.

SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.

  (a) In General.--Section 150 of title 23, United States Code, is 
amended--
          (1) in subsection (b)--
                  (A) in paragraph (1) by inserting ``or elimination'' 
                after ``significant reduction'';
                  (B) by redesignating paragraph (7) as paragraph (8); 
                and
                  (C) by inserting after paragraph (6) the following:
          ``(7) Combating climate change.--To reduce carbon dioxide and 
        other greenhouse gas emissions and reduce the climate impacts 
        of the transportation system.'';
          (2) in subsection (c)--
                  (A) in paragraph (1) by striking ``Not later than 18 
                months after the date of enactment of the MAP-21, the 
                Secretary'' and inserting ``The Secretary''; and
                  (B) by adding at the end the following:
          ``(7) Greenhouse gas emissions.--The Secretary shall 
        establish, in consultation with the Administrator of the 
        Environmental Protection Agency, measures for States to use to 
        assess--
                  ``(A) carbon dioxide emissions per capita on public 
                roads;
                  ``(B) carbon dioxide emissions using different 
                parameters than described in subparagraph (A) that the 
                Secretary determines to be appropriate; and
                  ``(C) any other greenhouse gas emissions on public 
                roads that the Secretary determines to be 
                appropriate.'';
          (3) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) by striking ``Not later than 1 year after 
                        the Secretary has promulgated the final 
                        rulemaking under subsection (c), each'' and 
                        inserting ``Each''; and
                          (ii) by striking ``and (6)'' and inserting 
                        ``(6), and (7)''; and
                  (B) by adding at the end the following:
          ``(3) Regressive targets.--
                  ``(A) In general.--A State may not establish a 
                regressive target for the measures described under 
                paragraph (4) or paragraph (7) of subsection (c).
                  ``(B) Regressive target defined.--In this paragraph, 
                the term `regressive target' means a target that fails 
                to demonstrate constant or improved performance for a 
                particular measure.'';
          (4) in subsection (e)--
                  (A) by striking ``Not later than 4 years after the 
                date of enactment of the MAP-21 and biennially 
                thereafter, a'' and inserting ``A''; and
                  (B) by inserting ``biennial'' after ``the Secretary 
                a''; and
          (5) by adding at the end the following:
  ``(f) Transportation System Access.--
          ``(1) In general.--The Secretary shall establish measures for 
        States and metropolitan planning organizations to use to assess 
        the level of safe, reliable, and convenient transportation 
        system access to--
                  ``(A) employment; and
                  ``(B) services.
          ``(2) Considerations.--The measures established pursuant to 
        paragraph (1) shall include the ability for States and 
        metropolitan planning organizations to assess--
                  ``(A) the change in the level of transportation 
                system access for various modes of travel, including 
                connection to other modes of transportation, that would 
                result from new transportation investments;
                  ``(B) the level of transportation system access for 
                economically disadvantaged communities, including to 
                affordable housing; and
                  ``(C) the extent to which transportation access is 
                impacted by zoning policies and land use planning 
                practices that effect the affordability, elasticity, 
                and diversity of the housing supply.
          ``(3) Definition of services.--In this subsection, the term 
        `services' includes healthcare facilities, child care, 
        education and workforce training, food sources, banking and 
        other financial institutions, and other retail shopping 
        establishments.''.
  (b) Metropolitan Transportation Planning; Title 23.--Section 134 of 
title 23, United States Code, is further amended--
          (1) in subsection (j)(2)(D)--
                  (A) by striking ``Performance target achievement'' in 
                the heading and inserting ``Performance management'';
                  (B) by striking ``The TIP'' and inserting the 
                following:
                          ``(i) In general.--The TIP''; and
                  (C) by adding at the end the following:
                          ``(ii) Transportation management areas.--For 
                        metropolitan planning areas that represent an 
                        urbanized area designated as a transportation 
                        management area under subsection (k), the TIP 
                        shall include--
                                  ``(I) a discussion of the anticipated 
                                effect of the TIP toward achieving the 
                                performance targets established in the 
                                metropolitan transportation plan, 
                                linking investment priorities to such 
                                performance targets; and
                                  ``(II) a description of how the 
                                anticipated effect of the TIP would 
                                improve the overall level of 
                                transportation system access, 
                                consistent with section 150(f).'';
          (2) in subsection (k)--
                  (A) in paragraph (3)(A)--
                          (i) by striking ``shall address congestion 
                        management'' and inserting the following: 
                        ``shall address--
                          ``(i) congestion management'';
                          (ii) by striking the period at the end and 
                        inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(ii) the overall level of transportation 
                        system access for various modes of travel 
                        within the metropolitan planning area, 
                        including the level of access for economically 
                        disadvantaged communities, consistent with 
                        section 150(f), that is based on a 
                        cooperatively developed and implemented 
                        metropolitan-wide strategy, assessing both new 
                        and existing transportation facilities eligible 
                        for funding under this title and chapter 53 of 
                        title 49.''; and
                  (B) in paragraph (5)(B)--
                          (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                          (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(iii) the TIP approved under clause (ii) 
                        makes progress towards improving the level of 
                        transportation system access, consistent with 
                        section 150(f).''; and
          (3) in subsection (l)(2)--
                  (A) by striking ``5 years after the date of enactment 
                of the MAP-21'' and inserting ``2 years after the date 
                of enactment of the INVEST in America Act, and every 2 
                years thereafter'';
                  (B) in subparagraph (C) by striking ``and whether 
                metropolitan planning organizations are developing 
                meaningful performance targets; and'' and inserting a 
                semicolon; and
                  (C) by striking subparagraph (D) and inserting the 
                following:
                  ``(D) a listing of all metropolitan planning 
                organizations that are establishing performance targets 
                and whether such performance targets established by the 
                metropolitan planning organization are meaningful or 
                regressive (as defined in section 150(d)(3)(B)); and
                  ``(E) the progress of implementing the measure 
                established under section 150(f).''.
  (c) Statewide and Nonmetropolitan Transportation Planning; Title 
23.--Section 135(g)(4) of title 23, United States Code, is further 
amended--
          (1) by striking ``Performance Target Achievement'' in the 
        heading and inserting ``Performance Management'';
          (2) by striking ``shall include, to the maximum extent 
        practicable, a discussion'' and inserting the following: 
        ``shall include--
                  ``(A) a discussion'';
          (3) by striking the period at the end and inserting ``; 
        and''; and
          (4) by adding at the end the following:
                  ``(B) a consideration of the anticipated effect of 
                the STIP on the overall level of transportation system 
                access, consistent with section 150(f).''.
  (d) Metropolitan Transportation Planning; Title 49.--Section 5303 of 
title 49, United States Code, is amended--
          (1) in subsection (j)(2)(D)--
                  (A) by striking ``Performance target achievement'' 
                and inserting ``Performance management'';
                  (B) by striking ``The transportation improvement 
                plan'' and inserting the following:
                          ``(i) In general.--The TIP''; and
                  (C) by adding at the end the following:
                          ``(ii) Transportation management areas.--For 
                        metropolitan planning areas that represent an 
                        urbanized area designated as a transportation 
                        management area under subsection (k), the TIP 
                        shall include--
                                  ``(I) a discussion of the anticipated 
                                effect of the TIP toward achieving the 
                                performance targets established in the 
                                metropolitan transportation plan, 
                                linking investment priorities to such 
                                performance targets; and
                                  ``(II) a description of how the 
                                anticipated effect of the TIP would 
                                improve the overall level of 
                                transportation system access, 
                                consistent with section 150(f) of title 
                                23.'';
          (2) in subsection (k)--
                  (A) in paragraph (3)(A)--
                          (i) by striking ``shall address congestion 
                        management'' and inserting the following: 
                        ``shall address--
                          ``(i) congestion management'';
                          (ii) by striking the period at the end and 
                        inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(ii) the overall level of transportation 
                        system access for various modes of travel 
                        within the metropolitan planning area, 
                        including the level of access for economically 
                        disadvantaged communities, consistent with 
                        section 150(f) of title 23, that is based on a 
                        cooperatively developed and implemented 
                        metropolitan-wide strategy, assessing both new 
                        and existing transportation facilities eligible 
                        for funding under this chapter and title 23.''; 
                        and
                  (B) in paragraph (5)(B)--
                          (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                          (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(iii) the TIP approved under clause (ii) 
                        makes progress towards improving the level of 
                        transportation system access, consistent with 
                        section 150(f) of title 23.''; and
          (3) in subsection (l)(2)--
                  (A) by striking ``5 years after the date of enactment 
                of the Federal Public Transportation Act of 2012'' and 
                inserting ``2 years after the date of enactment of the 
                INVEST in America Act, and every 2 years thereafter'';
                  (B) in subparagraph (C) by striking ``and whether 
                metropolitan planning organizations are developing 
                meaningful performance targets; and'' and inserting a 
                semicolon; and
                  (C) by striking subparagraph (D) and inserting the 
                following:
                  ``(D) a listing of all metropolitan planning 
                organizations that are establishing performance targets 
                and whether such performance targets established by the 
                metropolitan planning organization are meaningful or 
                regressive (as defined in section 150(d)(3)(B) of title 
                23); and
                  ``(E) the progress of implementing the measure 
                established under section 150(f) of title 23.''.
  (e) Statewide and Nonmetropolitan Transportation Planning; Title 
49.--Section 5304(g)(4) of title 49, United States Code, is amended--
          (1) by striking ``Performance target achievement'' and 
        inserting ``Performance management'';
          (2) by striking ``shall include, to the maximum extent 
        practicable, a discussion'' and inserting the following: 
        ``shall include--
                  ``(A) a discussion'';
          (3) by striking the period at the end and inserting ``; 
        and'';
          (4) by striking ``statewide transportation improvement 
        program'' and inserting ``STIP'' each place it appears; and
          (5) by adding at the end the following:
                  ``(B) a consideration of the anticipated effect of 
                the STIP on the overall level of transportation system 
                access, consistent with section 150(f) of title 23.''.
  (f) Savings Clause.--
          (1) Regressive targets.--The prohibition in the amendment 
        made by subsection (a)(3)(B) shall apply to States beginning on 
        the date that is 1 year before the subsequent State target and 
        reporting deadlines related to safety performance management 
        established pursuant to section 150 of title 23, United States 
        Code.
          (2) Access planning requirements.--The requirements in the 
        amendments made by subsections (b), (c), (d), and (e) shall 
        apply beginning on the date on which the requirements for the 
        measure described in section 150(f) of title 23, United States 
        Code, take effect.
  (g) Development of Greenhouse Gas Measure.--Not later than 1 year 
after the date of enactment of this Act, the Secretary of 
Transportation shall issue such regulations as are necessary to carry 
out paragraph (7) of section 150(c) of title 23, United States Code, as 
added by this Act.
  (h) Development of Transportation System Access Measure.--
          (1) Establishment.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        establish a working group to assess the provisions of 
        paragraphs (1) and (2) of section 150(f) and make 
        recommendations regarding the establishment of measures for 
        States and metropolitan planning organizations to use to assess 
        the level of transportation system access for various modes of 
        travel, consistent with section 150(f) of title 23, United 
        States Code.
          (2) Members.--The working group established pursuant to 
        paragraph (1) shall include representatives from--
                  (A) the Department of Transportation;
                  (B) State departments of transportation, including 
                representatives that specialize in pedestrian and 
                bicycle safety;
                  (C) the Bureau of Transportation Statistics;
                  (D) metropolitan planning organizations representing 
                transportation management areas (as those terms are 
                defined in section 134 of title 23, United States 
                Code);
                  (E) other metropolitan planning organizations or 
                local governments;
                  (F) providers of public transportation;
                  (G) nonprofit entities related to transportation, 
                including relevant safety groups;
                  (H) experts in the field of transportation access 
                data; and
                  (I) any other stakeholders, as determined by the 
                Secretary.
          (3) Report.--
                  (A) Submission.--Not later than 1 year after the 
                establishment of the working group pursuant to 
                paragraph (1), the working group shall submit to the 
                Secretary a report of recommendations regarding the 
                establishment of measures for States and metropolitan 
                planning organizations to use to assess the level of 
                transportation system access, consistent with section 
                150(f) of title 23, United States Code.
                  (B) Publication.--Not later than 30 days after the 
                date on which the Secretary receives the report under 
                subparagraph (A), the Secretary shall publish the 
                report on a publicly accessible website of the 
                Department of Transportation.
          (4) Rulemaking.--Not later than 2 years after the date on 
        which the Secretary receives the report under paragraph (3), 
        the Secretary shall issue such regulations as are necessary to 
        implement the requirements of section 150(f) of title 23, 
        United States Code.
          (5) Termination.--The Secretary shall terminate the working 
        group established pursuant to paragraph (1) on the date on 
        which the regulation issued pursuant to paragraph (4) takes 
        effect.
  (i) Transportation System Access Data.--
          (1) In general.--Not later than 90 days after the date on 
        which the Secretary of Transportation establishes the measure 
        required under section 150(f) of title 23, United States Code, 
        the Secretary shall develop or procure eligible transportation 
        system access data sets and analytical tools and make such data 
        sets and analytical tools available to State departments of 
        transportation and metropolitan planning areas that represent 
        transportation management areas.
          (2) Requirements.--An eligible transportation system access 
        data set and analytical tool shall have the following 
        characteristics:
                  (A) The ability to quantify the level of safe, 
                reliable, and convenient transportation system access 
                to--
                          (i) employment;
                          (ii) services; and
                          (iii) connections to other modes of 
                        transportation.
                  (B) The ability to quantify transportation system 
                access for various modes of travel, including--
                          (i) driving;
                          (ii) public transportation;
                          (iii) walking (including conveyance for 
                        persons with disabilities); and
                          (iv) cycling (including micromobility).
                  (C) The ability to disaggregate the level of 
                transportation system access by various transportation 
                modes by a variety of population categories, 
                including--
                          (i) low-income populations;
                          (ii) minority populations;
                          (iii) age;
                          (iv) disability; and
                          (v) geographical location.
                  (D) The ability to assess the change in the level of 
                transportation system access that would result from new 
                transportation investments.
          (3) Consideration.--An eligible transportation system access 
        data set and analytical tool shall take into consideration safe 
        and connected networks for walking, cycling, and persons with 
        disabilities.
  (j) Definitions.--In this section:
          (1) Transportation system access.--The term ``transportation 
        system access'' has the meaning given such term in section 101 
        of title 23, United States Code.
          (2) Services.--The term ``services'' has the meaning given 
        such term in section 150(f) of title 23, United States Code.

SEC. 1404. TRANSPORTATION DEMAND DATA AND MODELING STUDY.

  (a) Study.--
          (1) In general.--The Secretary of Transportation shall 
        conduct a study on transportation demand data and modeling, 
        including transportation demand forecasting, and make 
        recommendations for developing and utilizing transportation and 
        traffic demand models with a demonstrated record of accuracy.
          (2) Contents.--In carrying out the study under this section, 
        the Secretary shall--
                  (A) collect observed transportation demand data and 
                transportation demand forecasts from States and 
                metropolitan planning organizations, including data and 
                forecasts on--
                          (i) traffic counts;
                          (ii) transportation mode share and public 
                        transportation ridership; and
                          (iii) vehicle occupancy measures;
                  (B) compare the transportation demand forecasts with 
                the observed transportation demand data gathered under 
                subparagraph (A), including an analysis of the level of 
                accuracy of forecasts and possible reasons for large 
                discrepancies; and
                  (C) use the information described in subparagraphs 
                (A) and (B) to--
                          (i) develop best practices and guidance for 
                        States and metropolitan planning organizations 
                        to use in forecasting transportation demand for 
                        future investments in transportation 
                        improvements;
                          (ii) evaluate the impact of transportation 
                        investments, including new roadway capacity, on 
                        transportation behavior and transportation 
                        demand, including public transportation 
                        ridership, induced highway transportation, and 
                        congestion;
                          (iii) support more accurate transportation 
                        demand forecasting by States and metropolitan 
                        planning organizations;
                          (iv) enhance the capacity of States and 
                        metropolitan planning organizations to--
                                  (I) forecast transportation demand; 
                                and
                                  (II) track observed transportation 
                                behavior responses, including induced 
                                transportation, to changes in 
                                transportation capacity, pricing, and 
                                land use patterns; and
                          (v) develop transportation demand management 
                        strategies to maximize the efficiency of the 
                        transportation system, improve mobility, reduce 
                        congestion, and lower vehicle emissions.
          (3) Covered entities.--In carrying out the study under this 
        section, the Secretary shall ensure that data and forecasts 
        described in paragraph (2)(A) are collected from--
                  (A) States;
                  (B) metropolitan planning organizations that serve an 
                area with a population of 200,000 people or fewer; and
                  (C) metropolitan planning organizations that serve an 
                area with a population of over 200,000 people.
          (4) Working with the private sector.--In carrying out this 
        section, the Secretary may, and is encouraged to, procure 
        additional data as necessary from university transportation 
        centers, private sector providers, and other entities as is 
        needed and may use funds authorized under section 503(b) of 
        title 23, United States Code, for carrying out this paragraph.
          (5) Working with affected communities.--In carrying out this 
        section, the Secretary shall consult with, and collect data and 
        input from, representatives of--
                  (A) the Department of Transportation;
                  (B) State departments of transportation;
                  (C) metropolitan planning organizations;
                  (D) local governments;
                  (E) providers of public transportation;
                  (F) nonprofit entities related to transportation, 
                including safety, cycling, disability, and equity 
                groups; and
                  (G) any other stakeholders, as determined by the 
                Secretary.
  (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report containing 
the findings of the study conducted under subsection (a).
  (c) Secretarial Support.--The Secretary shall seek opportunities to 
support the transportation planning processes under sections 134 and 
135 of title 23, United States Code, through the provision of data to 
States and metropolitan planning organizations to improve the quality 
of transportation plans, models, and demand forecasts.
  (d) Update Guidance and Regulations.--The Secretary shall--
          (1) update Department of Transportation guidance and 
        procedures to utilize best practices documented throughout the 
        Federal program; and
          (2) ensure that best practices included in the report are 
        incorporated into appropriate regulations as such regulations 
        are updated.
  (e) Continuing Improvement.--The Secretary shall set out a process to 
repeat the study under this section every 2 years as part of the 
conditions and performance report, including--
          (1) progress in the accuracy of model projections;
          (2) further recommendations for improvement; and
          (3) further changes to guidance, regulation, and procedures 
        required for the Department of Transportation to adopt best 
        practices.

SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of 
Federal Regulations, to ensure that the outer years of a metropolitan 
transportation plan are defined as ``beyond the first 4 years''.

           Subtitle E--Federal Lands, Tribes, and Territories

SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

  (a) In General.--Section 165 of title 23, United States Code, is 
amended--
          (1) by striking subsection (a) and inserting the following:
  ``(a) Annual Allocation.--For the Puerto Rico and territorial highway 
program, there shall be made available--
          ``(1) $340,000,000 for the Puerto Rico highway program under 
        subsection (b) for each of fiscal years 2023 through 2026; and
          ``(2) for the territorial highway program under subsection 
        (c)--
                  ``(A) $113,044,097 for fiscal year 2023;
                  ``(B) $114,961,294 for fiscal year 2024;
                  ``(C) $117,190,719 for fiscal year 2025; and
                  ``(D) $119,237,332 for fiscal year 2026.'';
          (2) in subsection (b)(2) by adding at the end the following:
                  ``(D) Transferability.--Of the amounts described in 
                clauses (i) and (ii) of subparagraph (C) for the Puerto 
                Rico highway program, Puerto Rico may transfer not to 
                exceed 50 percent in a fiscal year of such amounts for 
                activities described in clause (iii) of such 
                subparagraph.''.
          (3) in subsection (c)(6)(A)--
                  (A) by redesignating clauses (iv), (v), (vi), and 
                (vii) as clauses (v), (vi), (vii), and (viii), 
                respectively; and
                  (B) by inserting after clause (iii) the following:
                          ``(iv) Ferry boats and terminal facilities 
                        that are privately or majority privately owned, 
                        in accordance with paragraphs (1), (2), (4), 
                        (5), (6), and (7) of section 129(c), that 
                        provide a substantial public benefit.''; and
          (4) by adding at the end the following:
  ``(d) Participation of Territories in Discretionary Programs.--For 
any program in which the Secretary may allocate funds out of the 
Highway Trust Fund (other than the Mass Transit Account) to a State at 
the discretion of the Secretary, the Secretary may allocate funds to 
one or more territory for any project or activity that otherwise would 
be eligible under such program if such project or activity was being 
carried out in a State.''.
  (b) Access and Development Roads.--Section 118(d) of title 23, United 
States Code, is amended by striking ``and the Commonwealth of Puerto 
Rico'' and inserting ``, the Commonwealth of Puerto Rico, and any other 
territory of the United States''.

SEC. 1502. TRIBAL TRANSPORTATION PROGRAM.

  Section 202 of title 23, United States Code, is amended--
          (1) in subsection (d)--
                  (A) in paragraph (1) by striking ``improving 
                deficient'' and inserting ``the construction and 
                reconstruction of'';
                  (B) in paragraph (2)--
                          (i) in subparagraph (A) by inserting 
                        ``construct,'' after ``project to''; and
                          (ii) in subparagraph (B)--
                                  (I) by striking ``deficient''; and
                                  (II) by inserting ``in poor 
                                condition'' after ``facility bridges''; 
                                and
                  (C) in paragraph (3)--
                          (i) in the heading by striking ``Eligible 
                        bridges'' and inserting ``Eligibility for 
                        existing bridges'';
                          (ii) by striking ``a bridge'' and inserting 
                        ``an existing bridge''; and
                          (iii) in subparagraph (C) by striking 
                        ``structurally deficient or functionally 
                        obsolete'' and inserting ``in poor condition''; 
                        and
          (2) in subsection (e) by striking ``for eligible projects 
        described in section 148(a)(4).'' and inserting the following: 
        ``for--
                  ``(A) eligible projects described in section 
                148(a)(4);
                  ``(B) projects to promote public awareness and 
                education concerning highway safety matters (including 
                bicycle, all-terrain, motorcyclist, and pedestrian 
                safety); or
                  ``(C) projects to enforce highway safety laws.''.

SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

  (a) Tribal Transportation Program.--Section 202 of title 23, United 
States Code, is amended--
          (1) by redesignating subsection (f) as subsection (g); and
          (2) by inserting after subsection (e) the following:
  ``(f) Tribal High Priority Projects Program.--Before making any 
distribution under subsection (b), the Secretary shall set aside 
$50,000,000 from the funds made available under the tribal 
transportation program for each fiscal year to carry out the Tribal 
High Priority Projects program under section 1123 of MAP-21 (23 U.S.C. 
202 note).''.
  (b) Tribal High Priority Projects Program.--Section 1123 of MAP-21 
(23 U.S.C. 202 note) is amended--
          (1) in subsection (a)(1)(C) by striking ``required by that 
        section'' and inserting ``required under such program'';
          (2) in subsection (b)(1) by striking ``use amounts made 
        available under subsection (h) to'';
          (3) in subsection (d)--
                  (A) in paragraph (2) by inserting ``, in consultation 
                with the Secretary of the Interior,'' after ``The 
                Secretary''; and
                  (B) in paragraph (3) by striking ``of the Interior'' 
                each place it appears;
          (4) in subsection (f) by striking ``$1,000,000'' and 
        inserting ``$5,000,000'';
          (5) in subsection (g) by striking ``and the Secretary'' and 
        inserting ``or the Secretary''; and
          (6) by striking subsection (h) and inserting the following:
  ``(h) Administration.--The funds made available to carry out this 
section shall be administered in the same manner as funds made 
available for the Tribal transportation program under section 202 of 
title 23, United States Code.''.

SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM.

  (a) In General.--Section 203(a) of title 23, United States Code, is 
amended by adding at the end the following:
          ``(6) Transfer for high-commuter corridors.--
                  ``(A) Request.--If the head of a covered agency 
                determines that a high-commuter corridor requires 
                additional investment, based on the criteria described 
                in subparagraph (D), the head of a covered agency, with 
                respect to such corridor, shall submit to the State--
                          ``(i) information on condition of pavements 
                        and bridges;
                          ``(ii) an estimate of the amounts needed to 
                        bring such corridor into a state of good 
                        repair, taking into consideration any planned 
                        future investments; and
                          ``(iii) at the discretion of the head of a 
                        covered agency, a request that the State 
                        transfer to the covered agency, under the 
                        authority of section 132 or section 204, or to 
                        the Federal Highway Administration, under the 
                        authority of section 104, a portion of such 
                        amounts necessary to address the condition of 
                        the corridor.
                  ``(B) State response.--Not later than 45 days after 
                the date of receipt of the request described in 
                subparagraph (A)(iii), the State shall--
                          ``(i) approve the request;
                          ``(ii) deny the request and explain the 
                        reasons for such denial; or
                          ``(iii) request any additional information 
                        necessary to take action on the request.
                  ``(C) Notification to the secretary.--The head of a 
                covered agency shall provide to the Secretary a copy of 
                any request described under subparagraph (A)(iii) and 
                response described under subparagraph (B).
                  ``(D) Criteria.--In making a determination under 
                subparagraph (A), the head of a covered agency, with 
                respect to the corridor, shall consider--
                          ``(i) the condition of roads, bridges, and 
                        tunnels; and
                          ``(ii) the average annual daily traffic.
                  ``(E) Definitions.--In this paragraph:
                          ``(i) Covered agency.--The term `covered 
                        agency' means a Federal agency eligible to 
                        receive funds under this section, section 203, 
                        or section 204, including the Army Corps of 
                        Engineers, Bureau of Reclamation, and the 
                        Bureau of Land Management.
                          ``(ii) High-commuter corridor.--The term 
                        `high-commuter corridor' means a Federal lands 
                        transportation facility that has an average 
                        annual daily traffic of not less than 20,000 
                        vehicles.''.
  (b) GAO Study Regarding NPS Maintenance.--
          (1) Study.--The Comptroller General of the United States 
        shall study the National Park Service maintenance 
        prioritization of Federal lands transportation facilities.
          (2) Contents.--At minimum, the study under paragraph (1) 
        shall examine--
                  (A) general administrative maintenance of the 
                National Park Service;
                  (B) how the National Park Service currently 
                prioritizes maintenance of Federal facilities covered 
                under the Federal Lands Transportation Program;
                  (C) what kind of maintenance the National Parkway 
                Service is performing;
                  (D) to what degree does the National Park Service 
                prioritize high-commuter corridors; and
                  (E) how the National Park Service can better service 
                the needs of high commuter corridors.
          (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works of the Senate a report summarizing the study and the 
        results of such study, including recommendations for addressing 
        the maintenance needs and prioritization of high-commuter 
        corridors.
          (4) Definition of high-commuter corridor.--In this section, 
        the term ``high-commuter corridor'' means a Federal lands 
        transportation facility that has average annual daily traffic 
        of not less than 20,000 vehicles.

SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS PROGRAM.

  (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 207 the following:

``Sec. 208. Federal lands and Tribal major projects program

  ``(a) Establishment.--The Secretary shall establish a Federal lands 
and Tribal major projects program (referred to in this section as the 
`program') to provide funding to construct, reconstruct, or 
rehabilitate critical Federal lands and Tribal transportation 
infrastructure.
  ``(b) Eligible Applicants.--
          ``(1) In general.--Except as provided in paragraph (2), 
        entities eligible to receive funds under sections 201, 202, 
        203, and 204 may apply for funding under the program.
          ``(2) Special rule.--A State, county, or unit of local 
        government may only apply for funding under the program if 
        sponsored by an eligible Federal agency or Indian Tribe.
  ``(c) Eligible Projects.--An eligible project under the program shall 
be on a Federal lands transportation facility, a Federal lands access 
transportation facility, or a tribal transportation facility, except 
that such facility is not required to be included in an inventory 
described in section 202 or 203, and for which--
          ``(1) the project--
                  ``(A) has completed the activities required under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) which has been demonstrated through--
                          ``(i) a record of decision with respect to 
                        the project;
                          ``(ii) a finding that the project has no 
                        significant impact; or
                          ``(iii) a determination that the project is 
                        categorically excluded; or
                  ``(B) is reasonably expected to begin construction 
                not later than 18 months after the date of obligation 
                of funds for the project; and
          ``(2) the project has an estimated cost equal to or 
        exceeding--
                  ``(A) $12,500,000 if it is on a Federal lands 
                transportation facility or a Federal lands access 
                transportation facility; and
                  ``(B) $5,000,000 if it is on a Tribal transportation 
                facility.
  ``(d) Eligible Activities.--Grant amounts received for a project 
under this section may be used for--
          ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
          ``(2) construction, reconstruction, and rehabilitation 
        activities.
  ``(e) Applications.--Eligible applicants shall submit to the 
Secretary an application at such time, in such form, and containing 
such information as the Secretary may require.
  ``(f) Project Requirements.--The Secretary may select a project to 
receive funds under the program only if the Secretary determines that 
the project--
          ``(1) improves the condition of critical transportation 
        facilities, including multimodal facilities;
          ``(2) cannot be easily and efficiently completed with amounts 
        made available under section 202, 203, or 204; and
          ``(3) is cost effective.
  ``(g) Merit Criteria.--In making a grant under this section, the 
Secretary shall consider whether the project--
          ``(1) will generate state of good repair, resilience, 
        economic competitiveness, quality of life, mobility, or safety 
        benefits;
          ``(2) in the case of a project on a Federal lands 
        transportation facility or a Federal lands access 
        transportation facility, has costs matched by funds that are 
        not provided under this section or this title; and
          ``(3) generates benefits for land owned by multiple Federal 
        land management agencies or Indian Tribes, or which spans 
        multiple States.
  ``(h) Evaluation and Rating.--To evaluate applications, the Secretary 
shall--
          ``(1) determine whether a project meets the requirements 
        under subsection (f);
          ``(2) evaluate, through a discernable and transparent 
        methodology, how each application addresses one or more merit 
        criteria established under subsection (g);
          ``(3) assign a rating for each merit criteria for each 
        application; and
          ``(4) consider applications only on the basis of such quality 
        ratings and which meet the minimally acceptable level for each 
        of the merit criteria.
  ``(i) Cost Share.--
          ``(1) Federal lands projects.--
                  ``(A) In general.--Notwithstanding section 120, the 
                Federal share of the cost of a project on a Federal 
                lands transportation facility or a Federal lands access 
                transportation facility shall be up to 90 percent.
                  ``(B) Non-federal share.--Notwithstanding any other 
                provision of law, any Federal funds may be used to pay 
                the non-Federal share of the cost of a project carried 
                out under this section.
          ``(2) Tribal projects.--The Federal share of the cost of a 
        project on a Tribal transportation facility shall be 100 
        percent.
  ``(j) Use of Funds.--For each fiscal year, of the amounts made 
available to carry out this section, not more than 50 percent shall be 
used for eligible projects on Federal lands transportation facilities 
or Federal lands access transportation facilities and Tribal 
transportation facilities, respectively.''.
  (b) Clerical Amendment.--The analysis for chapter 2 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 207 the following new item:

``208. Federal lands and Tribal major projects program.''.

  (c) Repeal.--Section 1123 of the FAST Act (23 U.S.C. 201 note), and 
the item related to such section in the table of contents under section 
1(b) of such Act, are repealed.

SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.

  Section 102 of title 49, United States Code, is amended--
          (1) in subsection (e)(1)--
                  (A) by striking ``6 Assistant'' and inserting ``7 
                Assistant'';
                  (B) in subparagraph (C) by striking ``; and'' and 
                inserting a semicolon;
                  (C) by redesignating subparagraph (D) as subparagraph 
                (E); and
                  (D) by inserting after subparagraph (C) the 
                following:
                  ``(D) an Assistant Secretary for Tribal Government 
                Affairs, who shall be appointed by the President; 
                and''; and
          (2) in subsection (f)--
                  (A) in the heading by striking ``Deputy Assistant 
                Secretary for Tribal Government Affairs'' and inserting 
                ``Office of Tribal Government Affairs''; and
                  (B) by striking paragraph (1) and inserting the 
                following:
          ``(1) Establishment.--There is established in the Department 
        an Office of Tribal Government Affairs, under the Assistant 
        Secretary for Tribal Government Affairs, to--
                  ``(A) oversee the Tribal transportation self-
                governance program under section 207 of title 23;
                  ``(B) plan, coordinate, and implement policies and 
                programs serving Indian Tribes and Tribal 
                organizations;
                  ``(C) coordinate Tribal transportation programs and 
                activities in all offices and administrations of the 
                Department;
                  ``(D) provide technical assistance to Indian Tribes 
                and Tribal organizations;
                  ``(E) be a participant in any negotiated rulemakings 
                relating to, or having an impact on, projects, 
                programs, or funding associated with the tribal 
                transportation program under section 202 of title 23; 
                and
                  ``(F) ensure that Department programs have in place, 
                implement, and enforce requirements and obligations for 
                regular and meaningful consultation and collaboration 
                with Tribes and Tribal officials under Executive Order 
                No. 13175 and to serve as the primary advisor to the 
                Secretary and other Department components regarding 
                violations of those requirements.''.

SEC. 1507. ALTERNATIVE CONTRACTING METHODS.

  (a) Land Management Agencies and Tribal Governments.--Section 201 of 
title 23, United States Code, is amended by adding at the end the 
following:
  ``(f) Alternative Contracting Methods.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may use a contracting method available to a 
        State under this title on behalf of--
                  ``(A) a Federal land management agency, with respect 
                to any funds available pursuant to section 203 or 204;
                  ``(B) a Federal land management agency, with respect 
                to any funds available pursuant to section 1535 of 
                title 31 for any eligible use described in sections 
                203(a)(1) and 204(a)(1) of this title; or
                  ``(C) a Tribal Government, with respect to any funds 
                available pursuant to section 202(b)(7)(D).
          ``(2) Methods described.--The contracting methods referred to 
        in paragraph (1) shall include, at a minimum--
                  ``(A) project bundling;
                  ``(B) bridge bundling;
                  ``(C) design-build contracting;
                  ``(D) 2-phase contracting;
                  ``(E) long-term concession agreements; and
                  ``(F) any method tested, or that could be tested, 
                under an experimental program relating to contracting 
                methods carried out by the Secretary.
          ``(3) Rule of construction.--Nothing in this subsection--
                  ``(A) affects the application of the Federal share 
                for a project carried out with a contracting method 
                under this subsection; or
                  ``(B) modifies the point of obligation of Federal 
                salaries and expenses.''.
  (b) Use of Alternative Contracting Method.--In carrying out the 
amendments made by this section, the Secretary shall--
          (1) in consultation with the applicable Federal land 
        management agencies, establish procedures that are--
                  (A) applicable to each alternative contracting 
                method; and
                  (B) to the maximum extent practicable, consistent 
                with requirements for Federal procurement transactions;
          (2) solicit input on the use of each alternative contracting 
        method from any affected industry prior to using such method; 
        and
          (3) analyze and prepare an evaluation of the use of each 
        alternative contracting method.

SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES.

  (a) In General.--The Commissioner of the Bureau of Reclamation may 
transfer ownership of a bridge that is owned by the Bureau of 
Reclamation if--
          (1) the ownership of the bridge is transferred to a State 
        with the concurrence of such State;
          (2) the State to which ownership is transferred agrees to 
        operate and maintain the bridge;
          (3) the transfer of ownership complies with all applicable 
        Federal requirements, including--
                  (A) section 138 of title 23, United States Code;
                  (B) section 306108 of title 54, United States Code; 
                and
                  (C) the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
          (4) the Bureau of Reclamation and the State to which 
        ownership is being transferred jointly notify the Secretary of 
        Transportation of the intent to conduct a transfer prior to 
        such transfer.
  (b) Access.--In a transfer of ownership of a bridge under this 
section, the Commissioner of the Bureau of Reclamation--
          (1) shall not be required to transfer ownership of the land 
        on which the bridge is located or any adjacent lands; and
          (2) shall make arrangements with the State to which ownership 
        is being transferred to allow for adequate access to such 
        bridge, including for the purposes of construction, 
        maintenance, and bridge inspections pursuant to section 144 of 
        title 23, United States Code.

SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO INDIAN TRIBES.

  Not later than January 31 of each year, the Secretary of 
Transportation shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that--
          (1) identifies the number of Indian Tribes that were direct 
        recipients of funds under any discretionary Federal highway, 
        transit, or highway safety program in the prior fiscal year;
          (2) lists the total amount of such funds made available 
        directly to such Tribes;
          (3) identifies the number and location of Indian Tribes that 
        were indirect recipients of funds under any formula-based 
        Federal highway, transit, or highway safety program in the 
        prior fiscal year; and
          (4) lists the total amount of such funds made available 
        indirectly to such tribes through states or other direct 
        recipients of Federal highway, transit or highway safety 
        funding.

SEC. 1510. GAO STUDY.

  (a) In General.--The Comptroller General of the United States shall 
conduct a study on the deferred maintenance of United States forest 
roads, including--
          (1) the current backlog;
          (2) the current actions on such maintenance and backlog;
          (3) the impacts of public safety due to such deferred 
        maintenance; and
          (4) recommendations for Congress on ways to address such 
        backlog.
  (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report containing the results of the study conducted under 
subsection (a).

SEC. 1511. FEDERAL LANDS ACCESS PROGRAM.

  Section 204(a) of title 23, United States Code, is amended--
          (1) in paragraph (1)(A)--
                  (A) in the matter preceding clause (i), by inserting 
                ``context-sensitive solutions,'' after 
                ``restoration,'';
                  (B) in clause (i), by inserting ``, including 
                interpretive panels in or adjacent to those areas'' 
                after ``areas'';
                  (C) in clause (v), by striking ``and'' at the end;
                  (D) by redesignating clause (vi) as clause (ix); and
                  (E) by inserting after clause (v) the following:
                          ``(vi) contextual wayfinding markers;
                          ``(vii) landscaping;
                          ``(viii) cooperative mitigation of visual 
                        blight, including screening or removal; and''; 
                        and
          (2) by adding at the end the following:
          ``(6) Native plant materials.--In carrying out an activity 
        described in paragraph (1), the Secretary shall ensure that the 
        entity carrying out the activity considers--
                  ``(A) the use of locally adapted native plant 
                materials; and
                  ``(B) designs that minimize runoff and heat 
                generation.''.

                   Subtitle F--Additional Provisions

SEC. 1601. VISION ZERO.

  (a) In General.--A local government, metropolitan planning 
organization, or regional transportation planning organization may 
develop and implement a vision zero plan to significantly reduce or 
eliminate transportation-related fatalities and serious injuries within 
a specified timeframe, not to exceed 20 years.
  (b) Use of Funds.--Amounts apportioned to a State under paragraph (2) 
or (3) of section 104(b) of title 23, United States Code, may be used--
          (1) to carry out vision zero planning under this section or a 
        vulnerable road user safety assessment; and
          (2) to implement an existing vision zero plan.
  (c) Contents of Plan.--A vision zero plan under this section shall 
include--
          (1) a description of programs, strategies, or policies 
        intended to significantly reduce or eliminate transportation-
        related fatalities and serious injuries within a specified 
        timeframe, not to exceed 20 years, that is consistent with a 
        State strategic highway safety plan and uses existing 
        transportation data and consideration of risk factors;
          (2) plans for implementation of, education of the public 
        about, and enforcement of such programs, strategies, or 
        policies;
          (3) a description of how such programs, strategies, or 
        policies, and the enforcement of such programs, strategies, or 
        policies will--
                  (A) equitably invest in the safety needs of low-
                income and minority communities;
                  (B) ensure that such communities are not 
                disproportionately targeted by law enforcement; and
                  (C) protect the rights of members of such communities 
                with respect to title VI of the Civil Rights Act of 
                1964 (42 U.S.C. 2000d et seq.); and
          (4) a description of a mechanism to evaluate progress of the 
        development and implementation of the plan, including the 
        gathering and use of transportation safety and demographic 
        data.
  (d) Inclusions.--A vision zero plan may include a complete streets 
prioritization plan that identifies a specific list of projects to--
          (1) create a connected network of active transportation 
        facilities, including sidewalks, bikeways, or pedestrian and 
        bicycle trails, to connect communities and provide safe, 
        reliable, affordable, and convenient access to employment, 
        housing, and services, consistent with the goals described in 
        section 150(b) of title 23, United States Code;
          (2) integrate active transportation facilities with public 
        transportation service or improve access to public 
        transportation; and
          (3) improve transportation options for low-income and 
        minority communities.
  (e) Coordination.--A vision zero plan under this section shall 
provide for coordination of various subdivisions of a unit of local 
government in the implementation of the plan, including subdivisions 
responsible for law enforcement, public health, data collection, and 
public works.
  (f) Safety Performance Management.--A vision zero plan under this 
section is not sufficient to demonstrate compliance with the safety 
performance or planning requirements of section 148 or 150 of title 23, 
United States Code.
  (g) Guidance on Safe System Approach.--The Secretary of 
Transportation shall develop guidance on the consideration of a safe 
system approach in project planning, scoping, and design to facilitate 
the implementation of vision zero plans under this section and 
vulnerable road user assessments under section 148 of title 23, United 
States Code.
  (h) Definitions.--In this section, the terms ``safe system approach'' 
and ``vulnerable road user safety assessment'' have the meanings given 
such terms in section 148 of title 23, United States Code.

SEC. 1602. SPEED LIMITS.

  (a) Speed Limits.--The Secretary of Transportation shall revise the 
Manual on Uniform Traffic Control Devices to provide for a safe system 
approach to setting speed limits, consistent with the safety 
recommendations issued by the National Transportation Safety Board on 
August 15, 2017, numbered H-17-27 and H-17-028.
  (b) Considerations.--In carrying out subparagraph (A), the Secretary 
shall consider--
          (1) crash statistics;
          (2) road geometry characteristics;
          (3) roadside characteristics;
          (4) traffic volume;
          (5) the possibility and likelihood of human error;
          (6) human injury tolerance;
          (7) the prevalence of vulnerable road users; and
          (8) any other consideration, consistent with a safe system 
        approach, as determined by the Secretary.
  (c) Report on Speed Management Program Plan.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall update and 
report on the implementation progress of the Speed Management Program 
Plan of the Department of Transportation, as described in the safety 
recommendation issued by the National Transportation Safety Board on 
August 15, 2017, numbered H-17-018.
  (d) Definitions.--In this section, the terms ``safe system approach'' 
and ``vulnerable road user'' have the meanings given such terms in 
section 148(a) of title 23, United States Code.

SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE DEPLOYMENT.

  (a) Definitions.--In this section:
          (1) Appropriate state agency.--The term ``appropriate State 
        agency'' means a State governmental agency that is recognized 
        by the executive branch of the State as having the experience 
        necessary to evaluate and facilitate the installation and 
        operation of broadband infrastructure within the State.
          (2) Broadband.--The term ``broadband'' has the meaning given 
        the term ``advanced telecommunications capability'' in section 
        706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
          (3) Broadband conduit.--The term ``broadband conduit'' means 
        a conduit or innerduct for fiber optic cables (or successor 
        technology of greater quality and speed) that supports the 
        provision of broadband.
          (4) Broadband infrastructure.--The term ``broadband 
        infrastructure'' means any buried or underground facility and 
        any wireless or wireline connection that enables the provision 
        of broadband.
          (5) Broadband provider.--The term ``broadband provider'' 
        means an entity that provides broadband to any person, 
        including, with respect to such entity--
                  (A) a corporation, company, association, firm, 
                partnership, nonprofit organization, or any other 
                private entity;
                  (B) a State or local broadband provider;
                  (C) an Indian Tribe; and
                  (D) a partnership between any of the entities 
                described in subparagraphs (A), (B), and (C).
          (6) Covered highway construction project.--
                  (A) In general.--The term ``covered highway 
                construction project'' means, without regard to 
                ownership of a highway, a project funded under title 
                23, United States Code, and administered by a State 
                department of transportation to construct a new highway 
                or an additional lane for an existing highway, to 
                reconstruct an existing highway, or new construction, 
                including construction of a paved shoulder.
                  (B) Exclusions.--The term ``covered highway 
                construction project'' excludes any project--
                          (i) awarded before the date on which 
                        regulations required under subsection (b) take 
                        effect;
                          (ii) that does not include work beyond the 
                        edge of pavement or current paved shoulder;
                          (iii) that is less than a mile in length; or
                          (iv) that is--
                                  (I) a project primarily for 
                                resurfacing, restoration, 
                                rehabilitation, or maintenance;
                                  (II) a bicycle, pedestrian, 
                                transportation alternatives, sidewalk, 
                                recreational trails, or safe routes to 
                                school project;
                                  (III) an operational improvement (as 
                                such term is defined in section 101 of 
                                title 23, United States Code);
                                  (IV) a project primarily to install 
                                signage; or
                                  (V) a culvert project.
          (7) Dig once requirement.--The term ``dig once requirement'' 
        means a requirement designed to reduce the cost and accelerate 
        the deployment of broadband by minimizing the number and scale 
        of repeated excavations for the installation and maintenance of 
        broadband conduit or broadband infrastructure in rights-of-way.
          (8) Indian tribe.--The term ``Indian Tribe'' has the meaning 
        given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
          (9) NTIA administrator.--The term ``NTIA Administrator'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
          (10) Project.--The term ``project'' has the meaning given 
        such term in section 101 of title 23, United States Code.
          (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
          (12) State.--The term ``State'' has the meaning given such 
        term in section 401 of title 23, United States Code.
          (13) State or local broadband provider.--The term ``State or 
        local broadband provider'' means a State or political 
        subdivision thereof, or any agency, authority, or 
        instrumentality of a State or political subdivision thereof, 
        that provides broadband to any person or facilitates the 
        provision of broadband to any person in such State.
  (b) Dig Once Requirement.--Not later than 12 months after the date of 
enactment of this Act, to facilitate the installation of broadband 
infrastructure, the Secretary shall issue such regulations as may be 
necessary to ensure that each State that receives funds under chapter 1 
of title 23, United States Code, complies with the following 
provisions:
          (1) Broadband planning and notice.--The State department of 
        transportation, in consultation with appropriate State 
        agencies, shall--
                  (A) review existing State broadband plans, including 
                existing dig once requirements of the State, municipal 
                governments incorporated under State law, and Indian 
                tribes within the State, to determine opportunities to 
                coordinate covered highway construction projects 
                occurring within or across highway rights-of-way with 
                planned broadband infrastructure projects;
                  (B) identify a broadband coordinator, who may have 
                additional responsibilities in the State department of 
                transportation or in another State agency, that is 
                responsible for facilitating the broadband 
                infrastructure right-of-way efforts within the State; 
                and
                  (C) establish a process--
                          (i) for the registration of broadband 
                        providers that seek to be included in the 
                        advance notification of, and opportunity to 
                        participate in, broadband infrastructure right-
                        of-way facilitation efforts within the State; 
                        and
                          (ii) to electronically notify all broadband 
                        providers registered under clause (i)--
                                  (I) of the State transportation 
                                improvement program on at least an 
                                annual basis; and
                                  (II) of covered highway construction 
                                projects within the highway right-of-
                                way for which Federal funding is 
                                expected to be obligated in the 
                                subsequent fiscal year.
          (2) Coordination and compliance.--
                  (A) Mobile now act.--A State department of 
                transportation shall be considered to meet the 
                requirements of subparagraphs (B) and (C) of paragraph 
                (1) if such State department of transportation has been 
                determined to be in compliance with the requirements 
                established under section 607 of division P of the 
                Consolidated Appropriations Act, 2018 (47 U.S.C. 1504).
                  (B) Website.--A State department of transportation 
                shall be considered to meet the requirements of 
                paragraph (1)(C) if the State publishes on a public 
                website--
                          (i) the State transportation improvement 
                        program on at least an annual basis; and
                          (ii) covered highway construction projects 
                        within the highway right-of-way for which 
                        Federal funding is expected to be obligated in 
                        the subsequent fiscal year.
                  (C) Coordination.--The State department of 
                transportation, in consultation with appropriate State 
                agencies, shall by rule or regulation establish a 
                process for a broadband provider to commit to 
                installing broadband conduit or broadband 
                infrastructure as part of any covered highway 
                construction project.
                  (D) Appropriate state agency.--In lieu of the State 
                department of transportation, at the discretion of the 
                State, an appropriate State agency, in consultation 
                with the State department of transportation, may carry 
                out the requirements of paragraph (1).
          (3) Required installation of broadband conduit.--
                  (A) In general.--The State department of 
                transportation shall install broadband conduit, in 
                accordance with this paragraph (except as described in 
                subparagraph (F)), as part of any covered highway 
                construction project, unless a broadband provider has 
                committed to install broadband conduit or broadband 
                infrastructure as part of such project in a process 
                described under paragraph (2)(C).
                  (B) Installation requirements.--In installing 
                broadband conduit or broadband infrastructure as part 
                of a covered highway construction project, the State 
                department of transportation shall ensure that--
                          (i) installation pursuant to this paragraph 
                        of broadband conduit, broadband infrastructure, 
                        and means or points of access to such conduit 
                        or infrastructure (such as poles, hand holes, 
                        manholes, pull tape, or ducts) shall provide 
                        for the current and future safe operation of 
                        the traveled way, is consistent with part 645 
                        of title 23, Code of Federal Regulations, and 
                        any accommodation policies of the State under 
                        such part to reasonably enable deployment of 
                        such conduit, infrastructure, and means or 
                        points of access, and any Damage Prevention and 
                        Underground Facilities Protection or related 
                        requirements of the State;
                          (ii) an appropriate number of broadband 
                        conduits, as determined in consultation with 
                        the appropriate State agencies, are installed 
                        along the right-of-way of a covered highway 
                        construction project to accommodate multiple 
                        broadband providers, with consideration given 
                        to the availability of existing broadband 
                        conduits;
                          (iii) the size of each broadband conduit is 
                        consistent with industry best practices, 
                        consistent with the requirements of part 645 of 
                        title 23, Code of Federal Regulations, and 
                        sufficient to accommodate anticipated demand, 
                        as determined in consultation with the 
                        appropriate State agencies;
                          (iv) any hand holes and manholes necessary 
                        for fiber access and pulling with respect to 
                        such conduit are placed at intervals consistent 
                        with standards determined in consultation with 
                        the appropriate State agencies (which may 
                        differ by type of road, topologies, and 
                        rurality) the requirements of part 645 of title 
                        23, Code of Federal Regulations, and other 
                        applicable safety requirements;
                          (v) each broadband conduit installed pursuant 
                        to this paragraph includes a pull tape and is 
                        capable of supporting fiber optic cable 
                        placement techniques consistent with best 
                        practices and the requirements of part 645 of 
                        title 23, Code of Federal Regulations;
                          (vi) broadband conduit is placed at a depth 
                        consistent with requirements of the covered 
                        highway construction project and best practices 
                        and that, in determining the depth of 
                        placement, consideration is given to the 
                        location of existing utilities and cable 
                        separation requirements of State and local 
                        electrical codes; and
                          (vii) installation of broadband conduit shall 
                        not preclude the installation of other specific 
                        socially, environmentally, or economically 
                        beneficial uses of the right-of-way, such as 
                        planned energy transmission or renewable energy 
                        generation projects.
                  (C) Programmatic review.--The State department of 
                transportation may make determinations on the 
                implementation of the requirements described in 
                subparagraph (B) on a programmatic basis.
                  (D) Access.--
                          (i) In general.--The State department of 
                        transportation shall ensure that any requesting 
                        broadband provider has access to each broadband 
                        conduit installed by the State pursuant to this 
                        paragraph, on a competitively neutral and 
                        nondiscriminatory basis and in accordance with 
                        State permitting, licensing, leasing, or other 
                        similar laws and regulations.
                          (ii) Socially beneficial use.--The 
                        installation of broadband conduit as part of a 
                        covered highway construction project shall be 
                        considered a socially-beneficial use of the 
                        right-of-way under section 156(b) of title 23, 
                        United States Code.
                          (iii) In-kind compensation.--The State 
                        department of transportation may negotiate in-
                        kind compensation with any broadband provider 
                        requesting access to broadband conduit 
                        installed under the provisions of this 
                        paragraph.
                          (iv) Safety considerations.--The State 
                        department of transportation shall provide for 
                        a process for a broadband provider to safely 
                        access to the highway right-of-way during 
                        installation and on-going maintenance of the 
                        broadband conduit and broadband infrastructure, 
                        including a traffic control safety plan.
                          (v) Communication.--A broadband provider with 
                        access to the conduit installed pursuant to 
                        this subsection shall notify, and receive 
                        permission from, the relevant agencies of State 
                        responsible for the installation of such 
                        broadband conduit prior to accessing any 
                        highway or highway right-of-way, in accordance 
                        with applicable Federal requirements.
                  (E) Treatment of projects.--Notwithstanding any other 
                provision of law, broadband conduit and broadband 
                infrastructure installation projects installed by a 
                State under this paragraph shall comply with section 
                113(a) of title 23, United States Code.
                  (F) Waiver authority.--
                          (i) In general.--A State department of 
                        transportation may waive the required 
                        installation of broadband conduit for part or 
                        all of any covered highway construction project 
                        under this paragraph if, in the determination 
                        of the State department of transportation--
                                  (I) broadband infrastructure, 
                                terrestrial broadband infrastructure, 
                                aerial broadband fiber cables, or 
                                broadband conduit is present near a 
                                majority of the length of the covered 
                                highway construction project;
                                  (II) installation of terrestrial or 
                                aerial broadband fiber cables 
                                associated with the covered highway 
                                construction project is more 
                                appropriate for the context or a more 
                                cost-effective means to facilitate 
                                broadband service to an area not 
                                adequately served by broadband and such 
                                installation is present or planned;
                                  (III) the installation of broadband 
                                conduit increases overall costs of a 
                                covered highway construction project by 
                                1.5 percent or greater;
                                  (IV) the installation of broadband 
                                conduit associated with the covered 
                                highway construction project is not 
                                reasonably expected to be utilized or 
                                connected to future broadband 
                                infrastructure in the 20 years 
                                following the date on which such 
                                determination is made, as determined by 
                                the State department of transportation, 
                                in consultation with appropriate State 
                                agencies and potentially affected local 
                                governments and Indian tribes;
                                  (V) the requirements of this 
                                paragraph would require installation of 
                                conduit redundant with a dig once 
                                requirement of a local government or 
                                Indian tribe;
                                  (VI) there exists a circumstance 
                                involving force majeure; or
                                  (VII) the installation of conduit is 
                                not appropriate based on other relevant 
                                factors established by the Secretary in 
                                consultation with the NTIA 
                                Administrator through regulation.
                          (ii) Contents of waiver.--A waiver authorized 
                        under this subparagraph shall--
                                  (I) identify the covered highway 
                                construction project; and
                                  (II) include a brief description of 
                                the determination of the State for 
                                issuing such waiver.
                          (iii) Availability of waiver.--Notification 
                        of a waiver authorized under this subparagraph 
                        shall be made publicly available, such as on a 
                        public website of the State department of 
                        transportation described in paragraph (2)(B).
                          (iv) Waiver determination.--
                                  (I) In general.--The State department 
                                of transportation shall be responsible 
                                for the waiver determination described 
                                under this paragraph, consistent with 
                                the regulation issued pursuant to this 
                                subsection, and may grant a 
                                programmatic waiver for categories of 
                                projects excluded under this 
                                subparagraph.
                                  (II) No private cause of action.--The 
                                waiver determination described under 
                                this paragraph shall be final and 
                                conclusive. Nothing in this section 
                                shall provide a private right or cause 
                                of action to challenge such 
                                determination in any court of law.
          (4) Priority.--If a State provides for the installation of 
        broadband infrastructure or broadband conduit in the right-of-
        way of a covered highway construction project, the State 
        department of transportation, along with appropriate State 
        agencies, shall carry out appropriate measures to ensure that 
        an existing broadband provider is afforded access that is non-
        discriminatory, competitively neutral, and equal in 
        opportunity, as compared to other broadband providers, with 
        respect to the program under this subsection.
  (c) Guidance for the Installation of Broadband Conduit.--The 
Secretary, in consultation with the NTIA Administrator, shall issue 
guidance for best practices related to the installation of broadband 
conduit as described in subsection (b)(2) and of conduit and similar 
infrastructure for intelligent transportation systems (as such term is 
defined in section 501 of title 23, United States Code) that may 
utilize broadband conduit installed pursuant to subsection (b)(2).
  (d) Consultation.--
          (1) In general.--In issuing regulations required by this 
        subsection or to implement any part of this section, the 
        Secretary shall consult--
                  (A) the NTIA Administrator;
                  (B) the Federal Communications Commission;
                  (C) State departments of transportation;
                  (D) appropriate State agencies;
                  (E) agencies of local governments responsible for 
                transportation and rights-of-way, utilities, and 
                telecommunications and broadband;
                  (F) Indian tribes;
                  (G) broadband providers; and
                  (H) manufacturers of optical fiber, conduit, pull 
                tape, and related items.
          (2) Broadband users.--The Secretary shall ensure that the 
        entities consulted under subparagraphs (C) through (F) of 
        paragraph (1) include entities that have expertise with rural 
        areas and populations with limited access to broadband 
        infrastructure.
          (3) Broadband providers.--The Secretary shall ensure that the 
        entities consulted under subparagraph (G) of paragraph (1) 
        include entities that provide broadband to rural areas and 
        populations with limited access to broadband infrastructure.
          (4) Consulting small municipalities.--The Secretary shall 
        ensure that the agencies of local governments consulted under 
        subparagraph (E) of paragraph (1) include rural areas, 
        specifically agencies of local governments with populations 
        less than 50,000.
  (e) Oversight.--
          (1) In general.--The Secretary shall periodically review 
        compliance with the regulations issued pursuant to this section 
        and ensure that State waiver determinations are consistent with 
        such regulations.
          (2) Efficient review.--The review described under paragraph 
        (1) may be carried out through the risk-based stewardship and 
        oversight program described under section 106(g) of title 23, 
        United States Code.
          (3) Effect of subsection.--Nothing in this subsection shall 
        affect or discharge any oversight responsibility of the 
        Secretary specifically provided for under title 23, United 
        States Code, or any other Federal law.
  (f) Additional Provisions.--
          (1) Applicability.--
                  (A) In general.--The portion of the regulation issued 
                pursuant to subsection (b) relating to the provisions 
                under paragraph (3) of such subsection shall not take 
                effect until a source of dedicated funding for the 
                installation and long term maintenance of broadband 
                conduit described in subsection (g)(2) is established.
                  (B) Applicability date.--Paragraphs (2) through (4) 
                of subsection (b) and subsection (d) shall apply only 
                to covered highway construction projects for which 
                Federal obligations or expenditures are initially 
                approved on or after the date on which regulations 
                required under this subsection take effect.
          (2) Rules of construction.--
                  (A) State law.--Nothing in this subsection shall be 
                construed to require a State to install or allow the 
                installation of broadband conduit or broadband 
                infrastructure--
                          (i) that is otherwise inconsistent with what 
                        is allowable under State law; or
                          (ii) where the State lacks the authority for 
                        such installation, such as any property right 
                        or easement necessary for such installation.
                  (B) No requirement for installation of mobile 
                services equipment.--Nothing in this section shall be 
                construed to require a State, a municipal government 
                incorporated under State law, or an Indian Tribe to 
                install or allow for the installation of equipment 
                essential for the provision of commercial mobile 
                services (as defined in section 332(d) of the 
                Communications Act of 1934 (47 U.S.C. 332(d))) or 
                commercial mobile data service (as defined in section 
                6001 of the Middle Class Tax Relief and Job Creation 
                Act of 2012 (47 U.S.C. 1401)), other than broadband 
                conduit and associated equipment described in paragraph 
                (3)(B).
          (3) Relation to state dig once requirements.--Nothing in 
        subsections (b), (c), (d), or (e) or any regulations issued 
        pursuant to subsection (b) shall be construed to alter or 
        supersede any provision of a State law or regulation that 
        provides for a dig once requirement that includes similar or 
        more stringent requirements to the provisions of subsections 
        (b), (c), (d), or (e) and any regulations promulgated under 
        subsection (b).
  (g) Dig Once Funding Task Force.--
          (1) Establishment.--The Secretary and the NTIA Administrator 
        shall jointly establish an independent task force on funding 
        the nationwide dig once requirement described in this section 
        to be known as the ``Dig Once Funding Task Force'' (hereinafter 
        referred to as the ``Task Force'').
          (2) Duties.--The duties of the Task Force shall be to--
                  (A) estimate the annual cost for implementing, 
                administering, and maintaining a nationwide dig once 
                requirement;
                  (B) propose and evaluate options for funding a 
                nationwide dig once requirement described in this 
                section that includes--
                          (i) a discussion of the role and potential 
                        share of costs of--
                                  (I) the Federal Government;
                                  (II) State and local governments and 
                                Indian tribes; and
                                  (III) broadband providers installing 
                                broadband conduit or broadband 
                                infrastructure under this section;
                          (ii) consideration of the role of existing 
                        dig once requirements on States, local 
                        governments, and Indian tribes and the role of 
                        private broadband investment, with a goal to 
                        not discourage or disincentivize such dig once 
                        requirements or such investment; and
                          (iii) evaluating the appropriate entity or 
                        entities responsible for maintaining the 
                        broadband infrastructure and conduit installed 
                        pursuant to a dig once requirement; and
                  (C) propose a cost-based model fee schedule for a 
                State to charge a broadband provider to access and use 
                conduit installed by such State pursuant to this 
                section that--
                          (i) shall consider costs (including 
                        administrative costs) associated with 
                        installation and long-term maintenance of the 
                        broadband conduit installed pursuant to this 
                        section;
                          (ii) may vary by topography, location, type 
                        of road, rurality, and other factors; and
                          (iii) may consider financial and market 
                        incentives for expanding broadband 
                        infrastructure.
          (3) Reports.--
                  (A) Interim report and briefing.--Not later than 9 
                months after the appointment of Members to the Task 
                Force under paragraph (4)(D), the Task Force shall--
                          (i) submit to Congress an interim report on 
                        the findings of the Task Force; and
                          (ii) provide briefings for Congress on the 
                        findings of the Task Force.
                  (B) Final report.--Not later than 3 months after the 
                submission of the interim report under subparagraph 
                (A), the Task Force shall submit to Congress a final 
                report on the findings of the Task Force.
          (4) Members.--
                  (A) Appointments.--The Task Force shall consist of 14 
                members, comprising--
                          (i) 2 co-chairs described in subparagraph 
                        (B);
                          (ii) 6 members jointly appointed by the 
                        Speaker and minority leader of the House of 
                        Representatives, in consultation with the 
                        respective Chairs and Ranking Members of--
                                  (I) the Committee on Transportation 
                                and Infrastructure of the House of 
                                Representatives;
                                  (II) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                                  (III) the Committee on Appropriations 
                                of the House of Representatives; and
                          (iii) 6 members jointly appointed by the 
                        majority leader and minority leader of the 
                        Senate, in consultation with the respective 
                        Chairs and Ranking Members of the--
                                  (I) the Committee on Environment and 
                                Public Works of the Senate;
                                  (II) the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate; and
                                  (III) the Committee on Appropriations 
                                of the Senate.
                  (B) Co-chairs.--The Task Force shall be co-chaired by 
                the Secretary and the NTIA Administrator, or the 
                designees of the Secretary and NTIA Administrator.
                  (C) Composition.--The Task Force shall include at 
                least--
                          (i) 1 representative from a State department 
                        of transportation;
                          (ii) 1 representative from a local 
                        government;
                          (iii) 1 representative from an Indian tribe;
                          (iv) 1 representative from a broadband 
                        provider;
                          (v) 1 representative from a State or local 
                        broadband provider;
                          (vi) 1 representative from a labor union; and
                          (vii) 1 representative from a public interest 
                        organization.
                  (D) Appointment deadline.--Members shall be appointed 
                to the Task Force not later than 60 days after the date 
                of enactment of this Act.
                  (E) Terms.--Members shall be appointed for the life 
                of the Task Force. A vacancy in the Task Force shall 
                not affect the powers of the Task Force and the vacancy 
                shall be filled in the same manner as the initial 
                appointment was made.
          (5) Consultations.--In carrying out the duties required under 
        this subsection, the Task Force shall consult, at a minimum--
                  (A) the Federal Communications Commission;
                  (B) agencies of States including--
                          (i) State departments of transportation; and
                          (ii) appropriate State agencies;
                  (C) agencies of local governments responsible for 
                transportation and rights-of-way, utilities, and 
                telecommunications and broadband;
                  (D) Indian tribes;
                  (E) broadband providers and other telecommunications 
                providers;
                  (F) labor unions; and
                  (G) State or local broadband providers and Indian 
                tribes that act as broadband providers.
          (6) Additional provisions.--
                  (A) Expenses for non-federal members.--Non-Federal 
                members of the Task Force shall be allowed travel 
                expenses, including per diem in lieu of subsistence, at 
                rates authorized for employees under subchapter I of 
                chapter 57 of title 5, United States Code, while away 
                from the homes or regular places of business of such 
                members in the performance of services for the Task 
                Force.
                  (B) Staff.--Staff of the Task Force shall comprise 
                detailees with relevant expertise from the Department 
                of Transportation and the National Telecommunications 
                and Information Administration, or another Federal 
                agency that the co-chairpersons consider appropriate, 
                with the consent of the head of the Federal agency, and 
                such detailees shall retain the rights, status, and 
                privileges of the regular employment of such detailees 
                without interruption.
                  (C) Administrative assistance.--The Secretary and 
                NTIA Administrator shall provide to the Task Force on a 
                reimbursable basis administrative support and other 
                services for the performance of the functions of the 
                Task Force.
          (7) Termination.--The Task Force shall terminate not later 
        than 90 days after submission of the final report required 
        under paragraph (3)(B).

SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES.

  (a) Study.--
          (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation and the 
        Administrator shall seek to enter into an agreement with the 
        Transportation Research Board of the National Academy of 
        Sciences to under which the Transportation Research Board shall 
        conduct a study--
                  (A) to estimate pollutant loads from stormwater 
                runoff from highways and pedestrian facilities eligible 
                for assistance under title 23, United States Code, to 
                inform the development of appropriate total maximum 
                daily load requirements;
                  (B) to provide recommendations (including recommended 
                revisions to existing laws and regulations) regarding 
                the evaluation and selection by State departments of 
                transportation of potential stormwater management and 
                total maximum daily load compliance strategies within a 
                watershed, including environmental restoration and 
                pollution abatement carried out under section 328 of 
                title 23, United States Code;
                  (C) to examine the potential for the Secretary to 
                assist State departments of transportation in carrying 
                out and communicating stormwater management practices 
                for highways and pedestrian facilities that are 
                eligible for assistance under title 23, United States 
                Code, through information-sharing agreements, database 
                assistance, or an administrative platform to provide 
                the information described in subparagraphs (A) and (B) 
                to entities issued permits under the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.); and
                  (D) to examine the benefit of concentrating 
                stormwater retrofits in impaired watersheds and 
                selecting such retrofits according to a process that 
                depends on a watershed management plan developed in 
                accordance with section 319 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1329).
          (2) Requirements.--In conducting the study under the 
        agreement entered into pursuant to paragraph (1), the 
        Transportation Research Board shall--
                  (A) review and supplement, as appropriate, the 
                methodologies examined and recommended in the 2019 
                report of the National Academies of Sciences, 
                Engineering, and Medicine titled ``Approaches for 
                Determining and Complying with TMDL Requirements 
                Related to Roadway Stormwater Runoff'';
                  (B) consult with--
                          (i) the Secretary of Transportation;
                          (ii) the Secretary of Agriculture;
                          (iii) the Administrator;
                          (iv) the Secretary of the Army, acting 
                        through the Chief of Engineers; and
                          (v) State departments of Transportation; and
                  (C) solicit input from--
                          (i) stakeholders with experience in 
                        implementing stormwater management practices 
                        for projects; and
                          (ii) educational and technical stormwater 
                        management groups.
          (3) Report.--In carrying out the agreement entered into 
        pursuant to paragraph (1), not later than 18 months after the 
        date of enactment of this Act, the Transportation Research 
        Board shall submit to the Secretary of Transportation, the 
        Administrator, the Committee on Transportation and 
        Infrastructure of the House of Representatives, and the 
        Committee on Environment and Public Works of the Senate a 
        report describing the results of the study.
  (b) Stormwater Best Management Practices Reports.--
          (1) Reissuance.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall update and 
        reissue the best management practices reports to reflect new 
        information and advancements in stormwater management.
          (2) Updates.--Not less frequently than once every 5 years 
        after the date on which the Secretary reissues the best 
        management practices reports under paragraph (1), the Secretary 
        shall update and reissue the best management practices reports, 
        unless the contents of the best management practices reports 
        have been incorporated (including by reference) into applicable 
        regulations of the Secretary.
  (c) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
          (2) Best management practices reports.--The term ``best 
        management practices reports'' means--
                  (A) the 2014 report sponsored by the Department of 
                Transportation titled ``Determining the State of the 
                Practice in Data Collection and Performance Measurement 
                of Stormwater Best Management Practices'' (FHWA-HEP-16-
                021); and
                  (B) the 2000 report sponsored by the Department of 
                Transportation titled ``Stormwater Best Management 
                Practices in an Ultra-Urban Setting: Selection and 
                Monitoring''.
          (3) Total maximum daily load.--The term ``total maximum daily 
        load'' has the meaning given such term in section 130.2 of 
        title 40, Code of Federal Regulations (or successor 
        regulations).

SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Architectural and Transportation Barriers Compliance 
Board under the authority of section 502(b)(3) of the Rehabilitation 
Act of 1973 (29 U.S.C. 792(b)(3)), shall publish final accessibility 
guidelines setting forth minimum standards for pedestrian facilities in 
the public right-of-way, including shared use paths.
  (b) Adoption of Regulations.--Not later than 180 days after the 
establishment of the guidelines pursuant to subsection (a), the 
Secretary shall issue such regulations as are necessary to adopt such 
guidelines.

SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT.

  (a) Highway Formula Modernization Study.--
          (1) In general.--The Secretary of Transportation, in 
        consultation with the State departments of transportation and 
        representatives of local governments (including metropolitan 
        planning organizations), shall conduct a highway formula 
        modernization study to assess the method and data used to 
        apportion Federal-aid highway funds under subsections (b) and 
        (c) of section 104 of title 23, United States Code, and issue 
        recommendations on such method and data.
          (2) Assessment.--The highway formula modernization study 
        required under paragraph (1) shall include an assessment of, 
        based on the latest available data, whether the apportionment 
        method under such section results in--
                  (A) an equitable distribution of funds based on the 
                estimated tax payments attributable to--
                          (i) highway users in the State that are paid 
                        into the Highway Trust Fund; and
                          (ii) individuals in the State that are paid 
                        to the Treasury, based on contributions to the 
                        Highway Trust Fund from the general fund of the 
                        Treasury; and
                  (B) the achievement of the goals described in section 
                101(b)(3) of title 23, United States Code.
          (3) Considerations.--In carrying out the assessment under 
        paragraph (2), the Secretary shall consider the following:
                  (A) The factors described in sections 104(b), 
                104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, 
                United States Code, as in effect on the date of 
                enactment of SAFETEA-LU (Public Law 109-59).
                  (B) The availability and accuracy of data necessary 
                to calculate formula apportionments under the factors 
                described in subparagraph (A).
                  (C) The measures established under section 150 of 
                title 23, United States Code, and whether such measures 
                are appropriate for consideration as formula 
                apportionment factors.
                  (D) The results of the CMAQ formula modernization 
                study required under subsection (b).
                  (E) Inclusion of the Commonwealth of Puerto Rico in 
                the apportionment under subsections (b) and (c) of 
                section 104 of such title, including an estimate of the 
                anticipated contributions to the Highway Trust Fund 
                from the citizens of Puerto Rico if Puerto Rico was 
                subject to applicable highway user fees.
                  (F) A needs-based assessment of the share of Federal-
                aid highway funds that should be made available to the 
                territories described under section 165(c) of such 
                title.
                  (G) Any other factors that the Secretary determines 
                are appropriate.
          (4) Recommendations.--The Secretary shall, in consultation 
        with the State departments of transportation and 
        representatives of local governments (including metropolitan 
        planning organizations), develop recommendations on a new 
        apportionment method, including--
                  (A) the factors recommended to be included in such 
                apportionment method;
                  (B) the weighting recommended to be applied to the 
                factors under subparagraph (A); and
                  (C) any other recommendations to ensure that the 
                apportionment method best achieves an equitable 
                distribution of funds described under paragraph (2)(A) 
                and the goals described in paragraph (2)(B).
  (b) CMAQ Formula Modernization Study.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, shall conduct an CMAQ formula modernization 
        study to assess whether the apportionment method under section 
        104(b)(4) of title 23, United States Code, results in a 
        distribution of funds that best achieves the air quality goals 
        of section 149 of such title.
          (2) Considerations.--In providing consultation under this 
        subsection, the Administrator of the Environmental Protection 
        Agency shall provide to the Secretary an analysis of--
                  (A) factors that contribute to the apportionment, 
                including population, types of pollutants, and severity 
                of pollutants, as such factors were determined on the 
                date prior to the date of enactment of MAP-21;
                  (B) the weighting of the factors listed under 
                subparagraph (A); and
                  (C) the recency of the data used in making the 
                apportionment under section 104(b)(4) of title 23, 
                United States Code.
          (3) Recommendations.--If, in conducting the study under this 
        subsection, the Secretary finds that modifying the 
        apportionment method under section 104(b)(4) of title 23, 
        United States Code, would best achieve the air quality goals of 
        section 149 of title 23, United States Code, the Secretary 
        shall, in consultation with the Administrator, include in such 
        study recommendations for a new apportionment method, 
        including--
                  (A) the factors recommended to be included in such 
                apportionment method;
                  (B) the weighting recommended to be applied to the 
                factors under subparagraph (A); and
                  (C) any other recommendations to ensure that the 
                apportionment method best achieves the air quality 
                goals section 149 of such title.
  (c) Report.--No later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report containing the 
results of the highway formula modernization study and the CMAQ formula 
modernization study.

SEC. 1607. CONSOLIDATION OF PROGRAMS.

  Section 1519 of MAP-21 (Public Law 112-141) is amended--
          (1) in subsection (a)--
                  (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal years 2023 through 2026''; and
                  (B) by striking ``$3,500,000'' and inserting 
                ``$4,000,000'';
          (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
          (3) by inserting after subsection (a) the following:
  ``(b) Federal Share.--The Federal share of the cost of a project or 
activity carried out under subsection (a) shall be 100 percent.''.

SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS.

  (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate a 
report that describes the efforts of the Department of Transportation 
to encourage elementary, secondary, and post-secondary students to 
pursue careers in the surface transportation sector.
  (b) Contents.--The report required under subsection (a) shall 
include--
          (1) a description of efforts to increase awareness of careers 
        related to surface transportation among elementary, secondary, 
        and post-secondary students;
          (2) a description of efforts to prepare and inspire such 
        students for surface transportation careers;
          (3) a description of efforts to support the development of a 
        diverse, well-qualified workforce for future surface 
        transportation needs; and
          (4) the effectiveness of the efforts described in paragraphs 
        (1) through (3).

SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE 
                    TRANSPORTATION WORKFORCE.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall establish a task 
force on developing a 21st century surface transportation workforce (in 
this section referred to as the ``Task Force'').
  (b) Duties.--Not later than 12 months after the establishment of the 
Task Force under subsection (a), the Task Force shall develop and 
submit to the Secretary recommendations and strategies for the 
Department of Transportation to--
          (1) evaluate the current and future state of the surface 
        transportation workforce, including projected job needs in the 
        surface transportation sector;
          (2) identify factors influencing individuals pursuing careers 
        in surface transportation, including barriers to attracting 
        individuals into the workforce;
          (3) address barriers to retaining individuals in surface 
        transportation careers;
          (4) identify and address potential impacts of emerging 
        technologies on the surface transportation workforce;
          (5) increase access for vulnerable or underrepresented 
        populations, especially women and minorities, to high-skill, 
        in-demand surface transportation careers;
          (6) facilitate and encourage elementary, secondary, and post-
        secondary students in the United States to pursue careers in 
        the surface transportation sector; and
          (7) identify and develop pathways for students and 
        individuals to secure pre-apprenticeships, registered 
        apprenticeships, and other work-based learning opportunities in 
        the surface transportation sector of the United States.
  (c) Considerations.--In developing recommendations and strategies 
under subsection (b), the Task Force shall--
          (1) identify factors that influence whether young people 
        pursue careers in surface transportation, especially 
        traditionally underrepresented populations, including women and 
        minorities;
          (2) consider how the Department, businesses, industry, labor, 
        educators, and other stakeholders can coordinate efforts to 
        support qualified individuals in pursuing careers in the 
        surface transportation sector;
          (3) identify methods of enhancing surface transportation pre-
        apprenticeships and registered apprenticeships, job skills 
        training, mentorship, education, and outreach programs that are 
        exclusive to youth in the United States; and
          (4) identify potential sources of funding, including grants 
        and scholarships, that may be used to support youth and other 
        qualified individuals in pursuing careers in the surface 
        transportation sector.
  (d) Consultation.--In developing the recommendations and strategies 
required under subsection (b), the Task Force may consult with--
          (1) local educational agencies and institutes of higher 
        education, including community colleges and vocational schools; 
        and
          (2) State workforce development boards.
  (e) Report.--Not later than 60 days after the submission of the 
recommendations and strategies under subsection (b), the Secretary 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report containing such recommendations and 
strategies.
  (f) Composition of Task Force.--The Secretary shall appoint members 
to the Task Force whose diverse background and expertise allow such 
members to contribute balanced points of view and ideas in carrying out 
this section, comprised of equal representation from each of the 
following:
          (1) Industries in the surface transportation sector.
          (2) Surface transportation sector labor organizations.
          (3) Such other surface transportation stakeholders and 
        experts as the Secretary considers appropriate.
  (g) Period of Appointment.--Members shall be appointed to the Task 
Force for the duration of the existence of the Task Force.
  (h) Compensation.--Task Force members shall serve without 
compensation.
  (i) Sunset.--The Task Force shall terminate upon the submission of 
the report required under subsection (e).
  (j) Definitions.--In this section:
          (1) Pre-apprenticeship.--The term ``pre-apprenticeship'' 
        means a training model or program that prepares individuals for 
        acceptance into a registered apprenticeship and has a 
        demonstrated partnership with one or more registered 
        apprenticeships.
          (2) Registered apprenticeship.--The term ``registered 
        apprenticeship'' means an apprenticeship program registered 
        under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; 
        commonly known as the ``National Apprenticeship Act''), that 
        satisfies the requirements of parts 29 and 30 of title 29, Code 
        of Federal Regulations (as in effect on January 1, 2020).

SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES.

  Section 140(b) of title 23, United States Code, is amended to read as 
follows:
  ``(b) Workforce Training and Development.--
          ``(1) In general.--The Secretary, in cooperation with the 
        Secretary of Labor and any other department or agency of the 
        Government, State agency, authority, association, institution, 
        Indian Tribe or Tribal organization, corporation (profit or 
        nonprofit), or any other organization or person, is authorized 
        to develop, conduct, and administer surface transportation and 
        technology training, including skill improvement programs, and 
        to develop and fund summer transportation institutes.
          ``(2) State responsibilities.--A State department of 
        transportation participating in the program under this 
        subsection shall--
                  ``(A) develop an annual workforce plan that 
                identifies immediate and anticipated workforce gaps and 
                underrepresentation of women and minorities and a 
                detailed plan to fill such gaps and address such 
                underrepresentation;
                  ``(B) establish an annual workforce development 
                compact with the State workforce development board and 
                appropriate agencies to provide a coordinated approach 
                to workforce training, job placement, and 
                identification of training and skill development 
                program needs, which shall be coordinated to the extent 
                practical with an institution or agency, such as a 
                State workforce development board under section 101 of 
                the Workforce Innovation and Opportunities Act (29 
                U.S.C. 3111), that has established skills training, 
                recruitment, and placement resources; and
                  ``(C) demonstrate program outcomes, including--
                          ``(i) impact on areas with transportation 
                        workforce shortages;
                          ``(ii) diversity of training participants;
                          ``(iii) number and percentage of participants 
                        obtaining certifications or credentials 
                        required for specific types of employment;
                          ``(iv) employment outcome, including job 
                        placement and job retention rates and earnings, 
                        using performance metrics established in 
                        consultation with the Secretary of Labor and 
                        consistent with metrics used by programs under 
                        the Workforce Innovation and Opportunity Act 
                        (29 U.S.C. 3101 et seq.); and
                          ``(v) to the extent practical, evidence that 
                        the program did not preclude workers that 
                        participate in training or registered 
                        apprenticeship activities under the program 
                        from being referred to, or hired on, projects 
                        funded under this chapter.
          ``(3) Funding.--From administrative funds made available 
        under section 104(a), the Secretary shall deduct such sums as 
        necessary, not to exceed $10,000,000 in each fiscal year, for 
        the administration of this subsection. Such sums shall remain 
        available until expended.
          ``(4) Nonapplicability of title 41.--Subsections (b) through 
        (d) of section 6101 of title 41 shall not apply to contracts 
        and agreements made under the authority granted to the 
        Secretary under this subsection.
          ``(5) Use of surface transportation program and national 
        highway performance program funds.--Notwithstanding any other 
        provision of law, not to exceed \1/2\ of 1 percent of funds 
        apportioned to a State under paragraph (1) or (2) of section 
        104(b) may be available to carry out this subsection upon 
        request of the State transportation department to the 
        Secretary.''.

SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING FLEXIBILITY.

  (a) In General.--Any funds made available to a State for the 
Appalachian development highway system program under subtitle IV of 
title 40, United States Code, before the date of enactment of this Act 
may be used, at the request of such State to the Secretary of 
Transportation, for the purposes described in section 133(b) of title 
23, United States Code.
  (b) Limitation.--The authority in subsection (a) may only be used by 
an Appalachian development highway system State if all of the 
Appalachian development highway system corridors authorized by subtitle 
IV of title 40, United States Code, in such State, have been fully 
completed and are open to traffic prior to the State making a request 
to the Secretary as described in subsection (a).

SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT PROGRAM.

  Section 504 of title 23, United States Code, is amended--
          (1) in subsection (e)(1) by inserting ``and (8) through (9)'' 
        after ``paragraphs (1) through (4)''; and
          (2) in subsection (f) by adding at the end the following:
          ``(4) Reports.--The Secretary shall submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate an annual report that includes--
                  ``(A) a list of all grant recipients under this 
                subsection;
                  ``(B) an explanation of why each recipient was chosen 
                in accordance with the criteria under paragraph (2);
                  ``(C) a summary of each recipient's objective to 
                carry out the purpose described in paragraph (1) and an 
                analysis of progress made toward achieving each such 
                objective;
                  ``(D) an accounting for the use of Federal funds 
                obligated or expended in carrying out this subsection; 
                and
                  ``(E) an analysis of outcomes of the program under 
                this subsection.''.

SEC. 1613. WORKING GROUP ON CONSTRUCTION RESOURCES.

  (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a working group (in this section referred to as the ``Working Group'') 
to conduct a study on access to covered resources for infrastructure 
projects.
  (b) Membership.--
          (1) Appointment.--The Secretary shall appoint to the Working 
        Group individuals with knowledge and expertise in the 
        production and transportation of covered resources.
          (2) Representation.--The Working Group shall include at least 
        one representative of each of the following:
                  (A) State departments of transportation.
                  (B) State agencies associated with covered resources 
                protection.
                  (C) State planning and geologic survey and mapping 
                agencies.
                  (D) Commercial motor vehicle operators, including 
                small business operators and operators who transport 
                covered resources.
                  (E) Covered resources producers.
                  (F) Construction contractors.
                  (G) Labor organizations.
                  (H) Metropolitan planning organizations and regional 
                planning organizations.
                  (I) Indian Tribes.
                  (J) Professional surveying, mapping, and geospatial 
                organizations.
                  (K) Any other stakeholders that the Secretary 
                determines appropriate.
          (3) Termination.--The Working Group shall terminate 6 months 
        after the date on which the Secretary receives the report under 
        subsection (e)(1).
  (c) Duties.--In carrying out the study required under subsection (a), 
the Working Group shall analyze--
          (1) the use of covered resources in transportation projects 
        funded with Federal dollars;
          (2) how the proximity of covered resources to such projects 
        affects the cost and environmental impact of such projects;
          (3) whether and how State, Tribal, and local transportation 
        and planning agencies consider covered resources when 
        developing transportation projects; and
          (4) any challenges for transportation project sponsors 
        regarding access and proximity to covered resources.
  (d) Consultation.--In carrying out the study required under 
subsection (a), the Working Group shall consult with, as appropriate--
          (1) chief executive officers of States;
          (2) State and local transportation planning agencies;
          (3) Indian Tribes;
          (4) other relevant State, Tribal, and local agencies, 
        including State agencies associated with covered resources 
        protection;
          (5) members of the public with industry experience with 
        respect to covered resources;
          (6) other Federal entities that provide funding for 
        transportation projects; and
          (7) any other stakeholder the Working Group determines 
        appropriate.
  (e) Reports.--
          (1) Working group report.--Not later than 2 years after the 
        date on which the Working Group is established, the Working 
        Group shall submit to the Secretary a report that includes--
                  (A) the findings of the study required under 
                subsection (a), including a summary of comments 
                received during the consultation process under 
                subsection (d); and
                  (B) any recommendations to preserve access to and 
                reduce the costs and environmental impacts of covered 
                resources for infrastructure projects.
          (2) Departmental report.--Not later than 3 months after the 
        date on which the Secretary receives the report under paragraph 
        (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a summary of the findings under such report 
        and any recommendations, as appropriate.
  (f) Definitions.--In this section:
          (1) Covered resources.--The term ``covered resources'' means 
        common variety materials used in transportation infrastructure 
        construction and maintenance, including stone, sand, and 
        gravel.
          (2) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory or 
        possession of the United States.

SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTERCHANGES.

  (a) In General.--Notwithstanding section 315 of title 23, United 
States Code, and section 1.36 of title 23, Code of Federal Regulations, 
the Secretary of Transportation may not impose a penalty on a State 
that does not comply with section 2E.31 of the Manual on Uniform 
Traffic Control Devices (or a successor section) with respect to the 
numbering of highway interchanges.
  (b) Applicability.--Subsection (a) shall only apply to a method of 
numbering of a highway interchange in effect on the date of enactment 
of this Act.

SEC. 1615. TOLL CREDITS.

  (a) Purposes.--The Secretary of Transportation shall--
          (1) identify the extent of the demand to purchase toll 
        credits;
          (2) identify the expected cash price of toll credits;
          (3) analyze the impact of the exchange of toll credits on 
        transportation expenditures; and
          (4) identify any other repercussions of establishing a toll 
        credit exchange.
  (b) Solicitation.--To carry out the requirements of this section, the 
Secretary shall solicit information from States eligible to use a 
credit under section 120(i) of title 23, United States Code, 
including--
          (1) the amount of unused toll credits, including--
                  (A) toll revenue generated and the sources of that 
                revenue;
                  (B) toll revenue used by public, quasi-public, and 
                private agencies to build, improve, or maintain 
                highways, bridges, or tunnels that serve the public 
                purpose of interstate commerce; and
                  (C) an accounting of any Federal funds used by the 
                public, quasi-public, or private agency to build, 
                improve, or maintain the toll facility, to validate 
                that the credit has been reduced by a percentage equal 
                to the percentage of the total cost of building, 
                improving, or maintaining the facility that was derived 
                from Federal funds;
          (2) the documentation of maintenance of effort for toll 
        credits earned by the State; and
          (3) the accuracy of the accounting system of the State to 
        earn and track toll credits.
  (c) Website.--The Secretary shall make available a publicly 
accessible website on which a State eligible to use a credit under 
section 120(i) of title 23, United States Code shall publish the 
information described under subsection (b)(1).
  (d) Evaluation and Recommendations to Congress.--Not later than 2 
years after the date of enactment of this Act, the Secretary shall 
provide to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate, and make publicly available on the website of the 
Department of Transportation--
          (1) an evaluation of the accuracy of the accounting and 
        documentation of toll credits earned under section 120(i);
          (2) a determination whether a toll credit marketplace is 
        viable and cost effective;
          (3) estimates, to the extent possible, of the average sale 
        price of toll credits; and
          (4) recommendations on any modifications necessary, including 
        legislative changes, to establish and implement a toll credit 
        exchange program.
  (e) Definition.--In this section, the term ``State'' has the meaning 
given the term in section 101(a) of title 23, United States Code.

SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS PROCUREMENT.

  (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall initiate a 
review of the procurement processes used by State departments of 
transportation to select construction materials on projects utilizing 
Federal-aid highway funds.
  (b) Contents.--The review under subsection (a) shall include--
          (1) a review of competitive practices in the bidding process 
        for transportation construction materials;
          (2) a list of States that currently issue bids that include 
        flexibility in the type of construction materials used to meet 
        the project specifications;
          (3) any information provided by States on considerations that 
        influence the decision to include competition by type of 
        material in transportation construction projects;
          (4) any data on whether issuing bids that include flexibility 
        in the type of construction materials used to meet the project 
        specifications will affect project costs over the lifecycle of 
        an asset;
          (5) any data on the degree to which competition leads to 
        greater use of sustainable, innovative, or resilient materials; 
        and
          (6) an evaluation of any barriers to more widespread use of 
        competitive bidding processes for transportation construction 
        materials.
  (c) Report.--Not later than 18 months after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate, and make publicly 
available, a report on the review initiated by the Secretary pursuant 
to this section.

SEC. 1617. NATIONWIDE ROAD SAFETY ASSESSMENT.

  (a) In General.--The Secretary of Transportation shall, every 2 
years, conduct nationwide, on-the-ground road safety assessments 
focused on pedestrian and bicycle safety in each State.
  (b) Requirements.--The assessments required under subsection (a) 
shall be conducted--
          (1) by Department of Transportation field offices from the 
        Federal Highway Administration, the National Highway 
        Transportation Safety Administration, the Federal Transit 
        Administration, and the Federal Motor Carrier Safety 
        Administration; and
          (2) in consultation with--
                  (A) State and local agencies with jurisdiction over 
                pedestrian and bicycle safety;
                  (B) pedestrian safety and bicycle safety advocacy 
                organizations; and
                  (C) other relevant pedestrian and bicycle safety 
                stakeholders.
  (c) Purposes.--The purpose of the assessments under this section is 
to--
          (1) identify and examine specific locations with documented 
        or perceived problems with pedestrian and bicycle safety and 
        access;
          (2) examine barriers to providing safe pedestrian and bicycle 
        access to transportation infrastructure; and
          (3) develop and issue recommendations designed to effectively 
        address specific safety and access issues and enhance 
        pedestrian and bicycle safety in high risk areas.
  (d) Report on State Assessments.--Upon completion of the assessment 
of a State, the Secretary shall issue, and make available to the 
public, a report containing the assessment that includes--
          (1) a list of locations that have been assessed as presenting 
        a danger to pedestrians or bicyclists; and
          (2) recommendations to enhance pedestrian and bicycle safety 
        in those locations.
  (e) Report on Nationwide Program.--Upon completion of the biannual 
assessment nationwide required under this section, the Secretary shall 
issue, and make available to the public, that covers assessments for 
all jurisdictions and also present it to the congressional 
transportation committees.
  (f) National Pedestrian and Bicycle Safety Database.--The Secretary, 
in order to enhance pedestrian and bicycle safety and improve 
information sharing on pedestrian and bicycle safety challenges between 
the Federal Government and State and local governments, shall maintain 
a national pedestrian and bicycle safety database that includes--
          (1) a list of high-risk intersections, roads, and highways 
        with a documented history of pedestrian or bicycle accidents or 
        fatalities and details regarding those incidents; and
          (2) information on corrective measures that have been 
        implemented at the State, local, or Federal level to enhance 
        pedestrian and bicyclist safety at those high risk areas, 
        including details on the nature and date of corrective action.
  (g) State Defined.--In this section, the term ``State'' means each of 
the States, the District of Columbia, and Puerto Rico.

SEC. 1618. CLIMATE RESILIENT TRANSPORTATION INFRASTRUCTURE STUDY.

  (a) Climate Resilient Transportation Infrastructure Study.--Not later 
than 180 days after the date of enactment of this Act, the Secretary of 
Transportation shall seek to enter into an agreement with the 
Transportation Research Board of the National Academies to conduct a 
study of the actions needed to ensure that Federal agencies are taking 
into account current and future climate conditions in planning, 
designing, building, operating, maintaining, investing in, and 
upgrading any federally funded transportation infrastructure 
investments.
  (b) Methodologies.--In conducting the study, the Transportation 
Research Board shall build on the methodologies examined and 
recommended in--
          (1) the 2018 report issued the American Society of Civil 
        Engineers, titled ``Climate-Resilient Infrastructure: Adaptive 
        Design and Risk Management''; and
          (2) the report issued by the California Climate-Safe 
        Infrastructure Working Group, titled ``Paying it Forward: The 
        Path Toward Climate-Safe Infrastructure in California''.
  (c) Contents of Study.--The study shall include specific 
recommendations regarding the following:
          (1) Integrating scientific knowledge of projected climate 
        change impacts, and other relevant data and information, into 
        Federal infrastructure planning, design, engineering, 
        construction, operation and maintenance.
          (2) Addressing critical information gaps and challenges.
          (3) Financing options to help fund climate-resilient 
        infrastructure.
          (4) A platform or process to facilitate communication between 
        climate scientists and other experts with infrastructure 
        planners, engineers and other relevant experts.
          (5) A stakeholder process to engage with representatives of 
        State, local, tribal and community groups.
          (6) A platform for tracking Federal funding of climate-
        resilient infrastructure.
          (7) Labor and workforce needs to implement climate-resilient 
        transportation infrastructure projects including new and 
        emerging skills, training programs, competencies and recognized 
        postsecondary credentials that may be required to adequately 
        equip the workforce.
          (8) Outlining how Federal infrastructure planning, design, 
        engineering, construction, operation, and maintenance impact 
        the environment and public health of disproportionately exposed 
        communities. For purposes of this paragraph, the term 
        ``disproportionately exposed communities'' means a community in 
        which climate change, pollution, or environmental destruction 
        have exacerbated systemic racial, regional, social, 
        environmental, and economic injustices by disproportionately 
        affecting indigenous peoples, communities of color, migrant 
        communities, deindustrialized communities, depopulated rural 
        communities, the poor, low-income workers, women, the elderly, 
        people experiencing homelessness, people with disabilities, 
        people who are incarcerated, or youth.
  (d) Considerations.--In carrying out the study, the Transportation 
Research Board shall determine the need for information related to 
climate resilient transportation infrastructure by considering--
          (1) the current informational and institutional barriers to 
        integrating projected infrastructure risks posed by climate 
        change into federal infrastructure planning, design, 
        engineering, construction, operation and maintenance;
          (2) the critical information needed by engineers, planners 
        and those charged with infrastructure upgrades and maintenance 
        to better incorporate climate change risks and impacts over the 
        lifetime of projects;
          (3) how to select an appropriate, adaptive engineering design 
        for a range of future climate scenarios as related to 
        infrastructure planning and investment;
          (4) how to incentivize and incorporate systems thinking into 
        engineering design to maximize the benefits of multiple natural 
        functions and emissions reduction, as well as regional 
        planning;
          (5) how to take account of the risks of cascading 
        infrastructure failures and develop more holistic approaches to 
        evaluating and mitigating climate risks;
          (6) how to ensure that investments in infrastructure 
        resilience benefit all communities, including communities of 
        color, low-income communities and Indian Tribes that face a 
        disproportionate risk from climate change and in many cases 
        have experienced long-standing unmet needs and underinvestment 
        in critical infrastructure;
          (7) how to incorporate capital assessment and planning 
        training and techniques, including a range of financing options 
        to help local and State governments plan for and provide 
        matching funds;
          (8) how federal agencies can track and monitor federally 
        funded resilient infrastructure in a coordinated fashion to 
        help build the understanding of the cost-benefit of resilient 
        infrastructure and to build the capacity for implementing 
        resilient infrastructure; and
          (9) the occupations, skillsets, training programs, 
        competencies and recognized postsecondary credentials that will 
        be needed to implement such climate-resilient transportation 
        infrastructure projects, and how to ensure that any new jobs 
        created by such projects ensure that priority hiring 
        considerations are given to individuals facing barriers to 
        employment, communities of color, low-income communities and 
        Indian Tribes that face a disproportionate risk from climate 
        change and have been excluded from job opportunities.
  (e) Consultation.--In carrying out the study, the Transportation 
Research Board--
          (1) shall convene and consult with a panel of national 
        experts, including operators and users of Federal 
        transportation infrastructure and private sector stakeholders; 
        and
          (2) is encouraged to consult with--
                  (A) representatives from the thirteen federal 
                agencies that comprise the United States Global Change 
                Research Program;
                  (B) representatives from the Department of the 
                Treasury;
                  (C) professional engineers with relevant expertise in 
                infrastructure design;
                  (D) scientists from the National Academies with 
                relevant expertise;
                  (E) scientists, social scientists and experts from 
                academic and research institutions who have expertise 
                in climate change projections and impacts; engineering; 
                architecture; or other relevant areas of expertise;
                  (F) licensed architects with relevant experience in 
                infrastructure design;
                  (G) certified planners;
                  (H) representatives of State and local governments 
                and Indian Tribes;
                  (I) representatives of environmental justice groups; 
                and
                  (J) representatives of labor unions that represent 
                key trades and industries involved in infrastructure 
                projects.
  (f) Report.--Not later than 3 years after the date of enactment of 
this Act, the Transportation Research Board shall submit to the 
Secretary, the Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Environment and Public 
Works of the Senate a report on the results of the study conducted 
under this section.

SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO EMISSION VEHICLES.

  Subsection (s) of section 127 of title 23, United States Code is 
amended to read as follows:
  ``(s) Natural Gas, Electric Battery, and Zero Emission Vehicles.--A 
vehicle, if operated by an engine fueled primarily by natural gas, 
powered primarily by means of electric battery power, or fueled 
primarily by means of other zero emission fuel technologies, may exceed 
the weight limit on the power unit by up to 2,000 pounds (up to a 
maximum gross vehicle weight of 82,000 pounds) under this section.''.

SEC. 1620. GUIDANCE ON EVACUATION ROUTES.

  (a) In General.--
          (1) Guidance.--The Administrator of the Federal Highway 
        Administration, in coordination with the Administrator of the 
        Federal Emergency Management Agency, and consistent with 
        guidance issued by the Federal Emergency Management Agency 
        pursuant to section 1209 of the Disaster Recovery Reform Act of 
        2018 (Public Law 115-254), shall revise existing guidance or 
        issue new guidance as appropriate for State and local 
        governments and Indian Tribes regarding the design, 
        construction, maintenance, retrofit, and repair of evacuation 
        routes.
          (2) Considerations.--In revising or issuing guidance under 
        subsection (a)(1), the Administrator of the Federal Highway 
        Administration shall consider--
                  (A) methods that assist evacuation routes to--
                          (i) withstand the effects of hydrostatic and 
                        hydrodynamic forces on viability, including 
                        recommendations regarding appropriate drainage 
                        structures or other flood prevention mechanisms 
                        to manage stormwater, runoff, and the effect of 
                        storm surge;
                          (ii) withstand the risks that flammability 
                        poses to viability;
                          (iii) improve durability, strength (including 
                        the ability to withstand tensile stresses and 
                        compressive stresses), and sustainability; and
                          (iv) provide for long-term cost savings;
                  (B) the ability of evacuation routes to effectively 
                manage contraflow operations;
                  (C) for evacuation routes on public lands, the 
                viewpoints of the applicable Federal land management 
                agency regarding emergency operations, sustainability, 
                and resource protection; and
                  (D) such other items the Administrator of the Federal 
                Highway Administration considers appropriate.
          (3) Report.--In the case in which the Administrator of the 
        Federal Highway Administration, in consultation with the 
        Administrator of the Federal Emergency Management Agency, 
        concludes existing guidance addresses the considerations in 
        paragraph (2), The Administrator of the Federal Highway 
        Administration shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        detailed report describing how existing guidance addresses such 
        considerations.
  (b) Study.--
          (1) In general.--The Administrator of the Federal Highway 
        Administration, in coordination with the Administrator of the 
        Federal Emergency Management Agency, shall study the 
        vulnerability of evacuation routes that are part of the 
        national highway system to the risks of extreme weather, 
        including flooding and storm surge.
          (2) Contents.--In conducting the study under paragraph (1), 
        the Administrator shall examine--
                  (A) the likelihood of Federal evacuation routes 
                flooding during a 100-year, 500-year, and 1000-year 
                weather event;
                  (B) whether Federal evacuation routes that have 
                historically flooded have recovered quickly from 
                extreme weather events;
                  (C) the availability of alternative evacuation routes 
                to accommodate the flow of evacuees in the event of an 
                evacuation route becoming impassable due to flooding; 
                and
                  (D) the impact of impassable evacuation routes on 
                vulnerable individuals, with consideration of the 
                return of evacuees after an extreme weather event, 
                including--
                          (i) individuals with a physical or mental 
                        disability;
                          (ii) individuals in schools, daycare centers, 
                        mobile home parks, prisons, nursing homes, and 
                        other long-term care facilities and detention 
                        centers;
                          (iii) individuals with limited proficiency in 
                        English;
                          (iv) the elderly; and
                          (v) individuals who are tourists, seasonal 
                        workers, or homeless.
          (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report summarizing the study and 
        the results of such study, including identifying which segments 
        of Federal evacuation routes are most vulnerable to becoming 
        impassable due to flooding.

SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

  (a) Identification.--
          (1) Central texas corridor.--Section 1105(c)(84) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 is 
        amended to read as follows:
          ``(84) The Central Texas Corridor, including the route--
                  ``(A) commencing in the vicinity of Texas Highway 338 
                in Odessa, Texas, running eastward generally following 
                Interstate Route 20, connecting to Texas Highway 158 in 
                the vicinity of Midland, Texas, then following Texas 
                Highway 158 eastward to United States Route 87 and then 
                following United States Route 87 southeastward, passing 
                in the vicinity of San Angelo, Texas, and connecting to 
                United States Route 190 in the vicinity of Brady, 
                Texas;
                  ``(B) commencing at the intersection of Interstate 
                Route 10 and United States Route 190 in Pecos County, 
                Texas, and following United States Route 190 to Brady, 
                Texas;
                  ``(C) following portions of United States Route 190 
                eastward, passing in the vicinity of Fort Hood, 
                Killeen, Belton, Temple, Bryan, College Station, 
                Huntsville, Livingston, Woodville, and Jasper, to the 
                logical terminus of Texas Highway 63 at the Sabine 
                River Bridge at Burrs Crossing and including a loop 
                generally encircling Bryan/College Station, Texas;
                  ``(D) following United States Route 83 southward from 
                the vicinity of Eden, Texas, to a logical connection to 
                Interstate Route 10 at Junction, Texas;
                  ``(E) following United States Route 69 from 
                Interstate Route 10 in Beaumont, Texas, north to United 
                States Route 190 in the vicinity of Woodville, Texas;
                  ``(F) following United States Route 96 from 
                Interstate Route 10 in Beaumont, Texas, north to United 
                States Route 190 in the vicinity of Jasper, Texas; and
                  ``(G) following United States Route 190, State 
                Highway 305, and United States Route 385 from 
                Interstate Route 10 in Pecos County, Texas to 
                Interstate 20 at Odessa, Texas.''.
          (2) Central louisiana corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 is 
        amended by adding at the end the following:
          ``(91) The Central Louisiana Corridor commencing at the 
        logical terminus of Louisiana Highway 8 at the Sabine River 
        Bridge at Burrs Crossing and generally following portions of 
        Louisiana Highway 8 to Leesville, Louisiana, and then eastward 
        on Louisiana Highway 28, passing in the vicinity of Alexandria, 
        Pineville, Walters, and Archie, to the logical terminus of 
        United States Route 84 at the Mississippi River Bridge at 
        Vidalia, Louisiana.''.
          (3) Central mississippi corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
          ``(92) The Central Mississippi Corridor, including the 
        route--
                  ``(A) commencing at the logical terminus of United 
                States Route 84 at the Mississippi River and then 
                generally following portions of United States Route 84 
                passing in the vicinity of Natchez, Brookhaven, 
                Monticello, Prentiss, and Collins, to Interstate 59 in 
                the vicinity of Laurel, Mississippi, and continuing on 
                Interstate Route 59 north to Interstate Route 20 and on 
                Interstate Route 20 to the Mississippi-Alabama State 
                Border; and
                  ``(B) commencing in the vicinity of Laurel, 
                Mississippi, running south on Interstate Route 59 to 
                United States Route 98 in the vicinity of Hattiesburg, 
                connecting to United States Route 49 south then 
                following United States Route 49 south to Interstate 
                Route 10 in the vicinity of Gulfport and following 
                Mississippi Route 601 southerly terminating near the 
                Mississippi State Port at Gulfport.''.
          (4) Middle alabama corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
          ``(93) The Middle Alabama Corridor including the route--
                  ``(A) beginning at the Alabama-Mississippi Border 
                generally following portions of I-20 until following a 
                new interstate extension paralleling United States 
                Highway 80 specifically:
                  ``(B) crossing Alabama Route 28 near Coatopa, 
                Alabama, traveling eastward crossing United States 
                Highway 43 and Alabama Route 69 near Selma, Alabama, 
                traveling eastwards closely paralleling United States 
                Highway 80 to the south crossing over Alabama Routes 
                22, 41, and 21, until its intersection with I-65 near 
                Hope Hull, Alabama;
                  ``(C) continuing east along the proposed Montgomery 
                Outer Loop south of Montgomery, Alabama where it would 
                next join with I-85 east of Montgomery, Alabama;
                  ``(D) continuing along I-85 east bound until its 
                intersection with United States Highway 280 near 
                Opelika, Alabama or United States Highway 80 near 
                Tuskegee, Alabama; and
                  ``(E) generally following the most expedient route 
                until intersecting with existing United States Highway 
                80 (JR Allen Parkway) through Phenix City until 
                continuing into Columbus, Georgia.''.
          (5) Middle georgia corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
          ``(94) The Middle Georgia Corridor including the route--
                  ``(A) beginning at the Alabama-Georgia Border 
                generally following the Fall Line Freeway from Columbus 
                Georgia to Augusta, Georgia specifically:
                  ``(B) travelling along United States Route 80 (JR 
                Allen Parkway) through Columbus, Georgia and near Fort 
                Benning, Georgia, east to Talbot County, Georgia where 
                it would follow Georgia Route 96, then commencing on 
                Georgia Route 49C (Fort Valley Bypass) to Georgia Route 
                49 (Peach Parkway) to its intersection with Interstate 
                route 75 in Byron, Georgia;
                  ``(C) continuing north along Interstate Route 75 
                through Warner Robins and Macon, Georgia where it would 
                meet Interstate Route 16. Following Interstate 16 east 
                it would next join United States Route 80 and then onto 
                State Route 57; and
                  ``(D) commencing with State Route 57 which turns into 
                State Route 24 near Milledgeville, Georgia would then 
                bypass Wrens, Georgia with a newly constructed bypass. 
                After the bypass it would join United States Route 1 
                near Fort Gordon into Augusta, Georgia where it will 
                terminate at Interstate Route 520.''.
          (6) Louisiana capital region.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
          ``(95) The Louisiana Capital Region High Priority Corridor, 
        which shall generally follow--
                  ``(A) Interstate 10, between its intersections with 
                Interstate 12 and Louisiana Highway 415;
                  ``(B) Louisiana Highway 415, between its 
                intersections with Interstate 10 and United States 
                route 190;
                  ``(C) United States route 190, between its 
                intersections with Louisiana Highway 415 and 
                intersection with Interstate 110;
                  ``(D) Interstate 110, between its intersections with 
                United States route 190 and Interstate 10;
                  ``(E) Louisiana Highway 30, near St. Gabriel, LA and 
                its intersections with Interstate 10;
                  ``(F) Louisiana Highway 1, near White Castle, LA and 
                its intersection with Interstate 10; and
                  ``(G) A bridge connecting Louisiana Highway 1 with 
                Louisiana Highway 30, south of the Interstate described 
                in subparagraph (A).''.
  (b) Inclusion of Certain Segments on Interstate System.--Section 
1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act 
of 1991 is amended--
          (1) by inserting ``subclauses (I) through (IX) of subsection 
        (c)(38)(A)(i), subsection (c)(38)(A)(iv),'' after ``subsection 
        (c)(37),'';
          (2) by inserting ``subsection (c)(84),'' after ``subsection 
        (c)(83),''; and
          (3) by striking ``and subsection (c)(91)'' and inserting 
        ``subsection (c)(91), subsection (c)(92), subsection (c)(93), 
        subsection (c)(94), subsection (c)(95), and subsection 
        (c)(96)''.
  (c) Designation.--Section 1105(e)(5)(C) of the Intermodal Surface 
Transportation Efficiency Act of 1991 is amended by striking ``The 
route referred to in subsection (c)(84) is designated as Interstate 
Route I-14.'' and inserting ``The route referred to in subsection 
(c)(84)(A) is designated as Interstate Route I-14 North. The route 
referred to in subsection (c)(84)(B) is designated as Interstate Route 
I-14 South. The Bryan/College Station, Texas loop referred to in 
subsection (c)(84) is designated as Interstate Route I-214. The routes 
referred to in subparagraphs (C), (D), (E), (F), and (G) of subsection 
(c)(84) and in subsections (c)(91), (c)(92), (c)(93), and (c)(94) are 
designated as Interstate Route I-14.''.

SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.

  (a) Guidance.--The Administrator of the Federal Highway 
Administration, in coordination with the Administrator of the Federal 
Emergency Management Agency, shall review the guidance issued pursuant 
to section 1228 of the Disaster Recovery Reform Act of 2018 (Public Law 
115-254), and revise or issue new guidance regarding repair, 
restoration, and replacement of inundated and submerged roads damaged 
or destroyed by a major disaster declared pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) with respect to roads eligible for assistance under Federal 
Highway Administration programs.
  (b) Considerations.--In revising or issuing new guidance under 
subsection (a), the Administrator shall consider methods of repair, 
restoration, and replacement of damaged or destroyed roads that--
          (1) improve the ability of a previously inundated or 
        submerged road to withstand the effects of hydrostatic and 
        hydrodynamic forces, including stormwater, runoff, or storm 
        surge; and
          (2) provide for long-term cost savings.

SEC. 1623. DRY BULK WEIGHT TOLERANCE.

  Section 127 of title 23, United States Code, is amended by adding at 
the end the following:
  ``(v) Dry Bulk Weight Tolerance.--
          ``(1) Definition of dry bulk goods.--In this subsection, the 
        term `dry bulk goods' means any homogeneous unmarked nonliquid 
        cargo being transported in a trailer specifically designed for 
        that purpose.
          ``(2) Weight tolerance.--Notwithstanding any other provision 
        of this section, except for the maximum gross vehicle weight 
        limitation, a commercial motor vehicle transporting dry bulk 
        goods may not exceed 110 percent of the maximum weight on any 
        axle or axle group described in subsection (a), including any 
        enforcement tolerance.''.

SEC. 1624. HIGHWAY USE TAX EVASION PROJECTS.

  Section 143(b)(2)(A) of title 23, United States Code, is amended by 
striking ``2016 through 2020'' and inserting ``2023 through 2026''.

SEC. 1625. LABOR STANDARDS.

  It is the policy of the United States that funds authorized or made 
available by this Act, or the amendments made by this Act, should not 
be used to purchase products produced whole or in part through the use 
of child labor, as such term is defined in Article 3 of the 
International Labor Organization Convention concerning the prohibition 
and immediate action for the elimination of the worst forms of child 
labor (December 2, 2000), or in violation of human rights.

SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, and every 5 years thereafter, the Comptroller General of the 
United States shall evaluate and issue a report to Congress on the 
economic benefits, including avoided impacts on property and life, of 
the use of model, consensus-based building codes, standards, and 
provisions that support resilience to climate risks and impacts, 
including--
          (1) flooding;
          (2) wildfires;
          (3) hurricanes;
          (4) heat waves;
          (5) droughts;
          (6) rises in sea level; and
          (7) extreme weather.
  (b) Report Issues.--The report required under subsection (a) shall 
include the following:
          (1) An assessment of the status of adoption of building 
        codes, standards, and provisions within the States, 
        territories, and tribes at the State or jurisdictional level; 
        including whether the adopted codes meet or exceed the most 
        recent published edition of a national, consensus-based model 
        code.
          (2) An analysis of the extent to which pre-disaster 
        mitigation measures provide benefits to the nation and 
        individual States, territories and tribes, including--
                  (A) an economic analysis of the benefits to the 
                design and construction of new resilient 
                infrastructure;
                  (B) losses avoided, including economic losses, number 
                of structures (buildings, roads, bridges), and injuries 
                and deaths by utilizing building codes and standards 
                that prioritize resiliency; and
                  (C) an economic analysis of the benefits to using 
                hazard resistant building codes in rebuilding and 
                repairing infrastructure following a disaster.
          (3) An assessment of the building codes and standards 
        referenced or otherwise currently incorporated into Federal 
        policies and programs, including but not limited to grants, 
        incentive programs, technical assistance and design and 
        construction criteria, administered by the Federal Emergency 
        Management Agency (hereinafter referred to as ``FEMA''), 
        including--
                  (A) the extent to which such codes and standards 
                contribute to increasing climate resiliency;
                  (B) recommendations for how FEMA could improve their 
                use of codes and standards to prepare for climate 
                change and address resiliency in housing, public 
                buildings, and infrastructure such as roads and 
                bridges; and
                  (C) how FEMA could increase efforts to support the 
                adoption of hazard resistant codes by the States, 
                territories, and Indian Tribes.
          (4) Recommendations for FEMA on how to better incorporate 
        climate resiliency into efforts to rebuild after natural 
        disasters.

SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING RIGHTS HIGHWAY.

  (a) Designation.--The portion of United States Route 80 from Selma, 
Alabama to Montgomery, Alabama shall be known as the ``John R. Lewis 
Voting Rights Highway''.
  (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the portion of United 
States Route 80 from Selma, Alabama to Montgomery, Alabama is deemed to 
be a reference to the ``John R. Lewis Voting Rights Highway''.

SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FERRIES.

  (a) In General.--The Comptroller General of the United States shall 
conduct a study on the capital investment needs of United States public 
ferries and how Federal funding programs are meeting such needs.
  (b) Considerations.--In carrying out the study under subsection (a), 
the Comptroller General shall examine the feasibility of including 
United States public ferries in the conditions and performance report 
of the Department of Transportation.
  (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to Congress 
a report describing the results of the study described in subsection 
(a), including any recommendations for how to include ferries in the 
conditions and performance report of the Department of Transportation.

SEC. 1629. USE OF MODELING AND SIMULATION TECHNOLOGY.

  It is the sense of Congress that the Department of Transportation 
should utilize, to the fullest and most economically feasible extent 
practicable, modeling and simulation technology to analyze highway and 
public transportation projects authorized by this Act and the 
amendments made by this Act to ensure that these projects--
          (1) increase transportation capacity and safety, alleviate 
        congestion, and reduce travel time and environmental impacts; 
        and
          (2) are as cost effective as practicable.

SEC. 1630. GAO STUDY ON PER-MILE USER FEE EQUITY.

  (a) Establishment.--Not later than 2 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall carry out a study on the impact of equity issues associated with 
per-mile user fee funding systems on the surface transportation system.
  (b) Contents.--The study under subsection (a) shall include the 
following with respect to per-mile user fee systems:
          (1) The financial, social, and other impacts of per-mile user 
        fee systems on individuals, low-income individuals, and 
        individuals of different races.
          (2) The impact that access to alternative modes of 
        transportation, including public transportation, has in 
        carrying out per-mile user fee systems.
          (3) The ability to access jobs and services, which may 
        include healthcare facilities, child care, education and 
        workforce training, food sources, banking and other financial 
        institutions, and other retail shopping establishments.
          (4) Equity issues for low-income individuals in urban and 
        rural areas.
          (5) Any differing impacts on passenger vehicles and 
        commercial vehicles.
  (c) Inclusions.--In carrying out the study under subsection (a), the 
Comptroller General shall include an analysis of the following 
programs:
          (1) The State surface transportation system funding pilot 
        program under section 6020 of the FAST Act; and
          (2) The national surface transportation system funding pilot 
        under section 5402 of this Act.
  (d) Report.--Not later than 2 years after the date of the enactment 
after this Act, the Comptroller General shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate, and 
make publicly available, a report containing the results of the study 
under subsection (a), including recommendations for how to equitably 
implement per-mile user fee systems.
  (e) Definitions.--
          (1) Per-mile user fee.--The term ``per-mile user fee'' means 
        a revenue mechanism that--
                  (A) is applied to road users operating motor vehicles 
                on the surface transportation system; and
                  (B) is based on the number of vehicle miles traveled 
                by an individual road user.
          (2) Commercial vehicle.--The term ``commercial vehicle'' has 
        the meaning given the term commercial motor vehicle in section 
        31101 of title 49, United States Code.

SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT STATE DOTS.

  (a) Review Required.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall undertake a review 
of the extent to which State departments of transportation have in 
place best practices, standards, and protocols designed to ensure 
equity considerations in transportation planning, project selection, 
and project delivery, including considerations of the diverse 
transportation needs of low-income populations, minority populations, 
and other diverse populations.
  (b) Evaluation.--After the completion of the review under subsection 
(a), the Comptroller General shall issue and make available on a 
publicly accessible Website a report detailing--
          (1) findings based on the review in subsection (a);
          (2) a comprehensive set of recommendations for State 
        departments of transportation to improve equity considerations, 
        which may include model legislation, best practices, or 
        guidance; and
          (3) any recommendations to Congress for additional statutory 
        authority needed to support State department of transportation 
        efforts to incorporate equity considerations into 
        transportation planning, project selection, and project 
        delivery.
  (c) Report.--After completing the review and evaluation required 
under subsections (a) and (b), and not later than 2 years after the 
date of enactment of this Act, the Comptroller General shall make 
available on a publicly accessible Website, a report that includes--
          (1) findings based on the review conducted under subsection 
        (a);
          (2) the outcome of the evaluation conducted under subsection 
        (b);
          (3) a comprehensive set of recommendations to improve equity 
        considerations in the public transportation industry, including 
        recommendations for statutory changes if applicable; and
          (4) the actions that the Secretary of Transportation could 
        take to effectively address the recommendations provided under 
        paragraph (3).

SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION NETS AND 
                    BARRIERS FOR STRUCTURES OTHER THAN BRIDGES.

  (a) Study.--The Comptroller General of the United States shall 
conduct a study to identify--
          (1) the types of structures, other than bridges, that attract 
        a high number of individuals attempting suicide-by-jumping;
          (2) the characteristics that distinguish structures 
        identified under paragraph (1) from similar structures that do 
        not attract a high number of individuals attempting suicide-by-
        jumping;
          (3) the types of nets or barriers that are effective at 
        reducing suicide-by-jumping with respect to the structures 
        identified under paragraph (1);
          (4) methods of reducing suicide-by-jumping with respect to 
        the structures identified under paragraph (1) other than nets 
        and barriers;
          (5) quantitative measures of the effectiveness of the nets 
        and barriers identified under paragraph (3);
          (6) quantitative measures of the effectiveness of the 
        additional methods identified under paragraph (4);
          (7) the entities that typically install the nets and barriers 
        identified under paragraph (3); and
          (8) the costs of the nets and barriers identified under 
        paragraph (3).
  (b) Report.--Not later than 1 year after the date of the enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study conducted under subsection (a).

SEC. 1633. TRANSPORTATION PLANNING ACTIVITIES.

  The Secretary or Transportation shall take all reasonable efforts to 
provide assistance for an Olympic or Paralympic event, or a Special 
Olympics International event, including the following:
          (1) Planning activities of States and metropolitan planning 
        organizations and transportation projects relating to an 
        international Olympic or Paralympic event, or a Special 
        Olympics International event, under sections 134 and 135 of 
        title 23, United States Code.
          (2) Developing intermodal transportation plans necessary for 
        the projects, in coordination with State and local 
        transportation agencies.
          (3) Efforts to expedite review and comment by the Department 
        of Transportation on any required submittals pertaining to an 
        Olympic or Paralympic event or a Special Olympics International 
        event.
          (4) Providing technical assistance.

SEC. 1634. BETTER UTILIZING INFRASTRUCTURE FOR LASTING DEVELOPMENT OF 
                    VETERANS BUSINESSES ACT.

  (a) Definitions.--In this section, the following definitions apply:
          (1) Small business concern.--The term ``small business 
        concern'' has the meaning given the term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
          (2) Veteran.--The term ``veteran'' has the meaning given the 
        term in section 101(2) of title 38, United States Code.
          (3) Veteran owned small business concern.--The term ``veteran 
        owned small business concern'' has the meaning given the term 
        ``small business concern owned and controlled by veterans'' in 
        section 3(q) of the Small Business Act (15 U.S.C. 632 (q)).
  (b) Amounts for Veteran Owned Small Business Concerns.--Except to the 
extent that the Secretary of Transportation determines otherwise, not 
less than 3 percent of the amounts made available for any program under 
titles I, II, V, and VII of this division and section 403 of title 23, 
United States Code, shall be expended through veteran owned small 
business concerns.
  (c) Uniform Criteria.--The Secretary shall establish minimum uniform 
criteria for use by State governments in certifying whether a concern 
qualifies as a veteran owned small business concern for the purpose of 
this section. Such criteria shall include a limit on the personal net 
worth of the veterans who own and control the small business concern.
  (d) Reporting.--The Secretary shall establish minimum requirements 
for use by State government in reporting to the Secretary--
          (1) information concerning veteran owned small business 
        concern awards, commitments, and achievement; and
          (2) such other information as the Secretary determined to be 
        appropriate for the proper monitoring of the veterans business 
        enterprise program.

SEC. 1635. VEHICLE WEIGHT LIMITATIONS.

  Section 127(i)(1)(A) of title 23, United States Code, is amended by 
inserting ``an emergency or'' before ``a major disaster''.

SEC. 1636. ROADWAY WORKER PROTECTION WORKING GROUP.

  (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a working group (in this section referred to as the ``Working Group'') 
to review the methods, practices, and technologies necessary to protect 
workers in roadway work zones.
  (b) Membership.--
          (1) Appointment.--The Secretary shall appoint to the Working 
        Group individuals with knowledge and expertise in roadway 
        safety.
          (2) Representation.--The Working group shall include at least 
        one representative of each of the following:
                  (A) State departments of transportation.
                  (B) Local governments or metropolitan planning 
                organizations.
                  (C) Temporary traffic control organizations.
                  (D) Roadway user organizations.
                  (E) Vehicle and commercial vehicle manufacturers.
                  (F) Labor organizations.
                  (G) Traffic safety organizations.
                  (H) Motor carrier and independent owner-operator 
                organizations.
                  (I) Law enforcement and first responder 
                organizations.
                  (J) Autonomous vehicle technology companies.
                  (K) Any other stakeholders that the Secretary 
                determines appropriate.
          (3) Termination.--The Working Group shall terminate 6 months 
        after the date on which the Secretary receives the report under 
        subsection (f)(1).
  (c) Duties.--In carrying out the review required under subsection 
(a), the Working Group shall--
          (1) evaluate and analyze current work zone safety and worker 
        protection traffic control best practices;
          (2) identify causes of work zone injuries and fatalities;
          (3) identify and evaluate technologies related to vehicle 
        interaction with work zones and workers in work zones; and
          (4) identify challenges for transportation construction 
        project sponsors regarding improving work zone safety.
  (d) Consultation.--In carrying out the review required under 
subsection (a), the Working Group shall consult with--
          (1) transportation construction contractor organizations;
          (2) roadway and roadway safety equipment manufacturer 
        organizations;
          (3) academic experts; and
          (4) any other stakeholder the Working Group determines 
        appropriate.
  (e) Reports.--
          (1) Working group report.--Not later than 2 years after the 
        date on which the Working Group is established, the Working 
        Group shall submit to the Secretary a report that includes--
                  (A) the findings of the review required under 
                subsection (a), including a summary of any comments 
                received during the consultation process under 
                subsection (d); and
                  (B) recommendations on safety countermeasures, 
                technologies, programs and policies for the Department 
                of Transportation to improve roadway work zone safety 
                and practices.
          (2) Report to congress.--Not later than 1 month after the 
        date on which the Secretary receives a report under paragraph 
        (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a summary of the report.

SEC. 1637. GAO STUDY ON NATURE-BASED SOLUTIONS FOR COASTAL HIGHWAY 
                    RESILIENCE.

  (a) Study.--The Comptroller General of the United States shall 
conduct a study on the utilization of nature-based solutions for 
improving the resilience of coastal highways and bridges.
  (b) Contents.--In conducting the study under subsection (a), the 
Comptroller General shall examine--
          (1) the resiliency benefits of nature-based features that 
        work in conjunction with structural features to protect coastal 
        highways and bridges by reducing the impacts of floods or other 
        risks of extreme weather;
          (2) the ecological benefits of nature-based features for 
        habitat restoration, water quality improvements, and 
        recreational aesthetics;
          (3) any potential savings to taxpayers over the lifecycles of 
        roadways produced by an integrated approach to resilience 
        against extreme weather;
          (4) the utilization rates for integrated nature-based 
        solutions among transportation agencies; and
          (5) any barriers to the use of nature-based solutions by 
        transportation agencies to improve the resilience of coastal 
        roads and bridges.
  (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report summarizing the study under subsection (a) and the results of 
such study, including recommendations for how the Federal Highway 
Administration can encourage transportation agencies to use natural and 
nature-based features to improve the resilience of coastal highways and 
bridges.

SEC. 1638. PROHIBITION ON THE USE OF CIVIL PENALTIES FOR CAMPAIGN 
                    FINANCE.

  No amounts may be assessed on funds collected pursuant to section 
5309 of this Act or section 20704, 20171, 20174, or 80502 of title 49, 
United States Code, (as added by 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. 1639. REPEAL OF PILOT PROGRAM.

  Section 325 of title 23, United States Code, is repealed.

SEC. 1640. TECHNICAL CORRECTIONS.

  (a) In General.-- Title 23, United States Code, is amended as 
follows:
          (1) Name correction.--Section 101(a)(16)(C),as amended, is 
        amended by striking ``United States Customs and Immigration 
        Services'' and inserting `` U.S. Customs and Border 
        Protection''.
          (2) Transfer of funds.--Section 104(f)(3) is amended--
                  (A) in subparagraph (A), by striking ``the Federal 
                Highway Administration'' and inserting ``an operating 
                administration of the Department of Transportation''; 
                and
                  (B) in the paragraph heading, by striking ``Federal 
                Highway Administration'' and inserting ``an operating 
                administration of the Department of Transportation''.
          (3) Terms and conditions.--Section 108(c)(3)(F) is amended--
                  (A) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' 
                after ``Policy Act''; and
                  (B) by striking ``this Act'' and inserting ``this 
                title''.
          (4) Exclusion.--Section 112(b)(2) is amended in subparagraph 
        (F) by striking ``(F)'' and all that follows through 
        ``Subparagraphs'' and inserting ``(f) Subparagraphs''.
          (5) Reference to statewide transportation improvement 
        program.--Section 115(c) is amended by striking ``135(f)'' and 
        inserting ``135(g)''.
          (6) Opportunity for comment.--Section 134(j) is amended by 
        striking ``subsection (i)(5)'' both places it appears and 
        inserting ``subsection (i)(6)''.
          (7) Performance-based approach.--Section 135(f)(7)(B) is 
        amended by striking the semicolon at the end and inserting a 
        period.
          (8) Efficient environmental reviews for project 
        decisionmaking.--Section 139 is amended--
                  (A) in subsection (b)(1) by inserting ``(42 U.S.C. 
                4321 et seq.)'' after ``of 1969'';
                  (B) in subsection (c) by inserting ``(42 U.S.C. 4321 
                et seq.)'' after ``of 1969'' each place it appears; and
                  (C) in subsection (k)(2) by inserting ``(42 U.S.C. 
                4321 et seq.)'' after ``of 1969''.
          (9) Nondiscrimination.--Section 140(a) is amended, in the 
        third sentence, by inserting a comma after ``Secretary''.
          (10) Public transportation.--Section 142 is amended by 
        striking subsection (i).
          (11) Congestion mitigation and air quality improvement 
        program.--Section 149 is amended--
                  (A) in subsection (b)(1)(A)(ii) by striking ``; or,'' 
                and inserting ``; or''; and
                  (B) in subsection (g)(2)(B) by striking the semicolon 
                at the end and inserting ``; and''.
          (12) Tribal transportation program data collection.--Section 
        201(c)(6)(A)(ii) is amended by striking ``(25 U.S.C. 450 et 
        seq.)'' and inserting ``(25 U.S.C. 5301 et seq.)''.
          (13) Tribal transportation program.--Section 202 is amended--
                  (A) by striking ``(25 U.S.C. 450 et seq.)'' each 
                place it appears and inserting ``(25 U.S.C. 5301 et 
                seq.)'';
                  (B) in subsection (a)(10)(B) by striking ``(25 U.S.C. 
                450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
                  (C) in subsection (b)--
                          (i) in paragraph (5) in the matter preceding 
                        subparagraph (A) by inserting ``the'' after 
                        ``agreement under''; and
                          (ii) in paragraph (6)(A) by inserting ``the'' 
                        after ``in accordance with''.
          (14) Permissible uses of recreational trails program 
        apportioned funds.--Section 206(d)(2)(G) is amended by striking 
        ``use of recreational trails'' and inserting ``uses of 
        recreational trails''.
          (15) Tribal transportation self-governance program.--Section 
        207 is amended--
                  (A) in subsection (g)--
                          (i) by striking ``(25 U.S.C. 450j-1)'' and 
                        inserting ``(25 U.S.C. 5325)''; and
                          (ii) by striking ``(25 U.S.C. 450j-1(f))'' 
                        and inserting ``(25 U.S.C. 5325(f))'';
                  (B) in subsection (l)--
                          (i) in paragraph (1), by striking ``(25 
                        U.S.C. 458aaa-5)'' and inserting ``(25 U.S.C. 
                        5386)'';
                          (ii) in paragraph (2), by striking ``(25 
                        U.S.C. 458aaa-6)'' and inserting ``(25 U.S.C. 
                        5387)'';
                          (iii) in paragraph (3), by striking ``(25 
                        U.S.C. 458aaa-7)'' and inserting ``(25 U.S.C. 
                        5388)'';
                          (iv) in paragraph (4), by striking ``(25 
                        U.S.C. 458aaa-9)'' and inserting ``(25 U.S.C. 
                        5390)'';
                          (v) in paragraph (5), by striking ``(25 
                        U.S.C. 458aaa-10)'' and inserting ``(25 U.S.C. 
                        5391)'';
                          (vi) in paragraph (6), by striking ``(25 
                        U.S.C. 458aaa-11)'' and inserting ``(25 U.S.C. 
                        5392)'';
                          (vii) in paragraph (7), by striking ``(25 
                        U.S.C. 458aaa-14)'' and inserting ``(25 U.S.C. 
                        5395)'';
                          (viii) in paragraph (8), by striking ``(25 
                        U.S.C. 458aaa-15)'' and inserting ``(25 U.S.C. 
                        5396)''; and
                          (ix) in paragraph (9), by striking ``(25 
                        U.S.C. 458aaa-17)'' and inserting ``(25 U.S.C. 
                        5398)''; and
                  (C) in subsection (m)(2)--
                          (i) by striking ``505'' and inserting 
                        ``501''; and
                          (ii) by striking ``(25 U.S.C. 450b; 458aaa)'' 
                        and inserting ``(25 U.S.C. 5304; 5381)''.
          (16) Buy america.--Section 313 is amended--
                  (A) in subsection (e)(2) by striking ``States;'' and 
                inserting ``States,''; and
                  (B) in subsection (f)(1) by striking ``, and'' and 
                inserting ``; and''.
          (17) Procedures for a gift or donation.--Section 323(d) is 
        amended in the matter preceding paragraph (1) by inserting 
        ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
          (18) Highway safety programs.--Section 402(b)(1)(E) is 
        amended by striking the semicolon at the end and inserting ``; 
        and''.
          (19) Use of freight capacity building program funds.--Section 
        504(g)(6) is amended by striking ``make grants or to'' and 
        inserting ``make grants to''.
          (20) Development phase activities.--Section 602(e) is amended 
        by striking ``601(a)(1)(A)'' and inserting ``601(a)(2)(A)''.
  (b) Clerical Amendments.--
          (1) In general.--The table of contents for title 23, United 
        States Code, is amended in the item relating to chapter 1 by 
        striking ``FEDERAL AID HIGHWAYS'' and inserting ``FEDERAL-AID 
        HIGHWAYS''.
          (2) Chapter 3.--The analysis for chapter 3 of title 23, 
        United States Code, is amended by striking the item relating to 
        section 325.

                    TITLE II--PUBLIC TRANSPORTATION

               Subtitle A--Federal Transit Administration

SEC. 2101. AUTHORIZATIONS.

  (a) In General.--Section 5338 of title 49, United States Code, is 
amended to read as follows:

``Sec. 5338. Authorizations

  ``(a) Grants.--
          ``(1) In general.--There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 
        5335, 5337, 5339, and 5340--
                  ``(A) $17,894,460,367 for fiscal year 2023;
                  ``(B) $18,201,940,770 for fiscal year 2024;
                  ``(C) $18,551,676,708 for fiscal year 2025; and
                  ``(D) $18,901,573,693 for fiscal year 2026.
          ``(2) Allocation of funds.--Of the amounts made available 
        under paragraph (1)--
                  ``(A) $189,879,151 for fiscal year 2023, $192,841,266 
                for fiscal year 2024, $195,926,726 for fiscal year 
                2025, and $199,002,776 for fiscal year 2026, shall be 
                available to carry out section 5305;
                  ``(B) $7,505,830,848 for fiscal year 2023, 
                $7,622,921,809 for fiscal year 2024, $7,744,888,558 for 
                fiscal year 2025, and $7,866,483,309 for fiscal year 
                2026 shall be allocated in accordance with section 5336 
                to provide financial assistance for urbanized areas 
                under section 5307;
                  ``(C) $101,510,000 for fiscal year 2023, $103,093,556 
                for fiscal year 2024, $104,743,053 for fiscal year 
                2025, and $106,387,519 for fiscal year 2026 shall be 
                available for grants under section 5308;
                  ``(D) $434,830,298 for fiscal year 2023, $441,613,651 
                for fiscal year 2024, $448,679,469 for fiscal year 
                2025, and $455,723,737 for fiscal year 2026 shall be 
                available to carry out section 5310, of which not less 
                than--
                          ``(i) $5,075,500 for fiscal year 2023, 
                        $5,154,678 for fiscal year 2024, $5,237,153 for 
                        fiscal year 2025, and $5,319,376 for fiscal 
                        year 2026 shall be available to carry out 
                        section 5310(j); and
                          ``(ii) $20,302,000 for fiscal year 2023, 
                        $20,618,711 for fiscal year 2024, $20,948,611 
                        for fiscal year 2025, and $21,277,504 for 
                        fiscal year 2026 shall be available to carry 
                        out section 5310(k);
                  ``(E) $1,025,199,724 for fiscal year 2023, 
                $1,041,192,839 for fiscal year 2024, $1,057,851,925 for 
                fiscal year 2025, and $1,074,460,200 for fiscal year 
                2026 shall be available to carry out section 5311, of 
                which not less than--
                          ``(i) $55,679,500 for fiscal year 2023, 
                        $56,392,100 for fiscal year 2024, $57,134,374 
                        for fiscal year 2025, and $57,874,383 for 
                        fiscal year 2026 shall be available to carry 
                        out section 5311(c)(1); and
                          ``(ii) $50,755,000 for fiscal year 2023, 
                        $51,546,778 for fiscal year 2024, $52,371,526 
                        for fiscal year 2025, and $53,193,759 for 
                        fiscal year 2026 shall be available to carry 
                        out section 5311(c)(2);
                  ``(F) $53,498,300 for fiscal year 2023; $54,020,873 
                for fiscal year 2024; $54,565,207 for fiscal year 2025; 
                $55,107,881 for fiscal year 2026 shall be available to 
                carry out section 5312, of which not less than--
                          ``(i) $5,075,500 for fiscal year 2023, 
                        $5,154,678 for fiscal year 2024, $5,237,153 for 
                        fiscal year 2025, and $5,319,376 for fiscal 
                        year 2026 shall be available to carry out each 
                        of sections 5312(d)(3) and 5312(d)(4);
                          ``(ii) $3,045,300 for fiscal year 2023, 
                        $3,092,807 for fiscal year 2024, $3,142,292 for 
                        fiscal year 2025, and $3,191,626 for fiscal 
                        year 2026 shall be available to carry out 
                        section 5312(h);
                          ``(iii) $10,151,000 for fiscal year 2023, 
                        $10,309,356 for fiscal year 2024, $10,474,305 
                        for fiscal year 2025, and $10,638,752 for 
                        fiscal year 2026 shall be available to carry 
                        out section 5312(i); and
                          ``(iv) $10,075,500 for fiscal year 2023, 
                        $10,154,678 for fiscal year 2024, $10,237,153 
                        for fiscal year 2025, and $10,319,376 shall be 
                        available to carry out section 5312(j);
                  ``(G) $23,347,300 for fiscal year 2023, $23,711,518 
                for fiscal year 2024, $24,090,902 for fiscal year 2025, 
                and $24,469,129 for fiscal year 2026 shall be available 
                to carry out section 5314, of which not less than--
                          ``(i) $4,060,400 for fiscal year 2023, 
                        $4,123,742 for fiscal year 2024, $4,189,722 for 
                        fiscal year 2025, and $4,255,501 for fiscal 
                        year 2026 shall be available to carry out 
                        section of 5314(a);
                          ``(ii) $5,075,500 for fiscal year 2023, 
                        $5,154,678 for fiscal year 2024, $5,237,153 for 
                        fiscal year 2025, and $5,319,376 for fiscal 
                        year 2026 shall be available to carry out 
                        section 5314(c); and
                          ``(iii) $12,181,200 for fiscal year 2023, 
                        $12,371,227 for fiscal year 2024, $12,569,166 
                        for fiscal year 2025, and $12,766,502 for 
                        fiscal year 2026 shall be available to carry 
                        out section 5314(b)(2);
                  ``(H) $5,075,500 for fiscal year 2023, $5,154,678 for 
                fiscal year 2024, $5,237,153 for fiscal year 2025, and 
                $5,319,376 for fiscal year 2026 shall be available to 
                carry out section 5318;
                  ``(I) $30,453,000 for fiscal year 2023, $30,928,067 
                for fiscal year 2024, $31,422,916 for fiscal year 2025, 
                and $31,916,256 for fiscal year 2026 shall be available 
                to carry out section 5328, of which not less than--
                          ``(i) $25,377,500 for fiscal year 2023, 
                        $25,773,389 for fiscal year 2024, $26,185,763 
                        for fiscal year 2025, and $26,596,880 for 
                        fiscal year 2026 shall be available to carry 
                        out section of 5328(b); and
                          ``(ii) $2,537,750 for fiscal year 2023, 
                        $2,577,339 for fiscal year 2024, $2,618,576 for 
                        fiscal year 2025, and $2,659,688 for fiscal 
                        year 2026 shall be available to carry out 
                        section 5328(c);
                  ``(J) $4,060,400 for fiscal year 2023, $4,123,742 for 
                fiscal year 2024, $4,189,722 for fiscal year 2025, and 
                $4,255,501 for fiscal year 2026 shall be available to 
                carry out section 5335;
                  ``(K) $5,366,233,728 for fiscal year 2023, 
                $5,460,789,084 for fiscal year 2024, $5,560,170,578 for 
                fiscal year 2025, and $5,660,288,417 for fiscal year 
                2026 shall be available to carry out section 5337;
                  ``(L) to carry out the bus formula program under 
                section 5339(a)--
                          ``(i) $1,240,328,213 for fiscal year 2023, 
                        $1,259,667,334 for fiscal year 2024, 
                        $1,279,832,171 for fiscal year 2025, and 
                        $1,299,925,536 for fiscal year 2026; except 
                        that
                          ``(ii) 15 percent of the amounts under clause 
                        (i) shall be available to carry out 5339(d);
                  ``(M) $437,080,000 for fiscal year 2023, $424,748,448 
                for fiscal year 2024, $387,944,423 for fiscal year 
                2025, and $351,100,151 for fiscal year 2026 shall be 
                available to carry out section 5339(b);
                  ``(N) $890,000,000 for fiscal year 2023, $950,000,000 
                for fiscal year 2024, $1,065,000,000 for fiscal year 
                2025, and $1,180,000,000 for fiscal year 2026 shall be 
                available to carry out section 5339(c); and
                  ``(O) $587,133,905 for each of fiscal years 2023 
                through 2026 shall be available to carry out section 
                5340 to provide financial assistance for urbanized 
                areas under section 5307 and rural areas under section 
                5311, of which--
                          ``(i) $309,688,908 for each of fiscal years 
                        2023 through 2026 shall be for growing States 
                        under section 5340(c); and
                          ``(ii) $277,444,997 for each of fiscal years 
                        2023 through 2026 shall be for high density 
                        States under section 5340(d).
  ``(b) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309 $3,500,000,000 for fiscal year 
2023, $4,250,000,000 for fiscal year 2024, $5,000,000,000 for fiscal 
year 2025, and 5,500,000,000 for fiscal year 2026.
  ``(c) Administration.--
          ``(1) In general.--There are authorized to be appropriated to 
        carry out section 5334, $142,060,785 for fiscal year 2023, 
        $144,191,696 for fiscal year 2024, $146,412,248 for fiscal year 
        2025, and 148,652,356 for fiscal year 2026.
          ``(2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than $6,000,000 for 
        each of fiscal years 2023 through 2026 shall be available to 
        carry out section 5329.
          ``(3) Section 5326.--Of the amounts made available under 
        paragraph (2), not less than $2,500,000 for each of fiscal 
        years 2023 through 2026 shall be available to carry out section 
        5326.
  ``(d) Oversight.--
          ``(1) In general.--Of the amounts made available to carry out 
        this chapter for a fiscal year, the Secretary may use not more 
        than the following amounts for the activities described in 
        paragraph (2):
                  ``(A) 0.5 percent of amounts made available to carry 
                out section 5305.
                  ``(B) 0.75 percent of amounts made available to carry 
                out section 5307.
                  ``(C) 1 percent of amounts made available to carry 
                out section 5309.
                  ``(D) 1 percent of amounts made available to carry 
                out section 601 of the Passenger Rail Investment and 
                Improvement Act of 2008 (Public Law 110-432; 126 Stat. 
                4968).
                  ``(E) 0.5 percent of amounts made available to carry 
                out section 5310.
                  ``(F) 0.5 percent of amounts made available to carry 
                out section 5311.
                  ``(G) 1 percent of amounts made available to carry 
                out section 5337, of which not less than 25 percent of 
                such amounts shall be available to carry out section 
                5329 and of which not less than 10 percent of such 
                amounts shall be made available to carry out section 
                5320.
                  ``(H) 1 percent of amounts made available to carry 
                out section 5339 of which not less than 10 percent of 
                such amounts shall be made available to carry out 
                section 5320.
                  ``(I) 1 percent of amounts made available to carry 
                out section 5308.
          ``(2) Activities.--The activities described in this paragraph 
        are as follows:
                  ``(A) Activities to oversee the construction of a 
                major capital project.
                  ``(B) Activities to review and audit the safety and 
                security, procurement, management, and financial 
                compliance of a recipient or subrecipient of funds 
                under this chapter.
                  ``(C) Activities to provide technical assistance 
                generally, and to provide technical assistance to 
                correct deficiencies identified in compliance reviews 
                and audits carried out under this section.
          ``(3) Government share of costs.--The Government shall pay 
        the entire cost of carrying out a contract under this 
        subsection.
          ``(4) Availability of certain funds.--Funds made available 
        under paragraph (1)(C) shall be made available to the Secretary 
        before allocating the funds appropriated to carry out any 
        project under a full funding grant agreement.
  ``(e) Grants as Contractual Obligations.--
          ``(1) Grants financed from highway trust fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts made available from the Mass Transit Account of the 
        Highway Trust Fund pursuant to this section is a contractual 
        obligation of the Government to pay the Government share of the 
        cost of the project.
          ``(2) Grants financed from general fund.--A grant or contract 
        that is approved by the Secretary and financed with amounts 
        from future appropriations from the general fund of the 
        Treasury pursuant to this section is a contractual obligation 
        of the Government to pay the Government share of the cost of 
        the project only to the extent that amounts are appropriated 
        for such purpose by an Act of Congress.
  ``(f) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until expended.
  ``(g) Limitation on Financial Assistance for State-Owned 
Enterprises.--
          ``(1) In general.--Funds provided under this section may not 
        be used in awarding a contract, subcontract, grant, or loan to 
        an entity that is owned or controlled by, is a subsidiary of, 
        or is otherwise related legally or financially to a corporation 
        based in a country that--
                  ``(A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of the INVEST in America Act;
                  ``(B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                  ``(C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
          ``(2) Exception.--For purposes of paragraph (1), the term 
        `otherwise related legally or financially' does not include a 
        minority relationship or investment.
          ``(3) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements.''.
  (b) Conforming Amendments.--
          (1) Section 5312(i)(1) of title 49, United States Code, is 
        amended by striking ``5338(a)(2)(G)(ii)'' and inserting 
        ``5338(a)(2)(F)(iii)''.
          (2) Section 5333(b) of title 49, United States Code, is 
        amended by striking ``5328, 5337, and 5338(b)'' each place it 
        appears and inserting ``and 5337''.
          (3) Section 5336 of title 49, United States Code, is amended 
        in subsection (d)(1) by striking ``5338(a)(2)(C)'' and 
        inserting ``5338(a)(2)(B)''.
          (4) Subsections (c) and (d)(1) of section 5327 of title 49, 
        United States Code, are amended by striking ``5338(f)'' and 
        inserting ``5338(d)''.
          (5) Section 5340(b) of title 49, United States Code, is 
        amended by striking ``5338(b)(2)(N)'' and inserting 
        ``5338(a)(2)(O)''.

SEC. 2102. CHAPTER 53 DEFINITIONS.

  Section 5302 of title 49, United States Code, is amended--
          (1) in paragraph (1)(E)--
                  (A) by striking ``and the installation'' and 
                inserting ``, the installation''; and
                  (B) by inserting ``, charging stations and docks for 
                electric micromobility devices, and bikeshare 
                projects'' after ``public transportation vehicles'';
          (2) in paragraph (3)--
                  (A) in subparagraph (G) by striking clause (iii) and 
                inserting the following:
                          ``(iii) provides a fair share of revenue 
                        established by the Secretary that will be used 
                        for public transportation, except for a joint 
                        development that is a community service (as 
                        defined by the Federal Transit Administration), 
                        publicly operated facility, or offers a minimum 
                        of 50 percent of units as affordable housing, 
                        meaning legally binding affordability 
                        restricted housing units available to tenants 
                        with incomes below 60 percent of the area 
                        median income or owners with incomes below the 
                        area median;'';
                  (B) in subparagraph (M) strike ``; or'' and insert a 
                semicolon;
                  (C) in subparagraph (N)--
                          (i) by striking ``no emission'' and inserting 
                        ``zero emission''; and
                          (ii) by striking ``(as defined in section 
                        5339(c)) or facilities.'' and inserting ``or 
                        facilities; or''; and
                  (D) by adding at the end the following:
                  ``(O) the employment of forensic consultants, 
                cybersecurity experts, or third-party penetration 
                testers to identify, evaluate, test, and patch 
                ransomware attack vulnerabilities.''; and
          (3) by adding at the end the following:
          ``(25) Resilience.--
                  ``(A) In general.--The term `resilience' means, with 
                respect to a facility, the ability to--
                          ``(i) anticipate, prepare for, or adapt to 
                        conditions; or
                          ``(ii) withstand, respond to, or recover 
                        rapidly from disruptions.
                  ``(B) Inclusions.--Such term includes, with respect 
                to a facility, the ability to--
                          ``(i) resist hazards or withstand impacts 
                        from disruptions;
                          ``(ii) reduce the magnitude, duration, or 
                        impact of a disruption; or
                          ``(iii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease vulnerability to a disruption.
          ``(26) Assault on a transit worker.--The term `assault on a 
        transit worker' means any circumstance in which an individual 
        knowingly, without lawful authority or permission, and with 
        intent to endanger the safety of any individual, or with a 
        reckless disregard for the safety of human life, interferes 
        with, disables, or incapacitates any transit worker while the 
        transit worker is performing his or her duties.''.

SEC. 2103. GENERAL PROVISIONS.

  Section 5323 of title 49, United States Code, is amended--
          (1) in subsection (d)--
                  (A) in paragraph (1) by striking ``urban area'' and 
                inserting ``urbanized area'';
                  (B) by adding at the end the following:
          ``(3) Exceptions.--This subsection shall not apply to 
        financial assistance under this chapter--
                  ``(A) in which the non-Federal share of project costs 
                are provided from amounts received 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 provide the service in the event a 
        registered charter provider does not contact the customer, 
        provide a quote, or provide the service.'';
          (2) in subsection (h)--
                  (A) in paragraph (1) by adding ``or'' at the end; and
                  (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2);
          (3) by striking subsection (j) and inserting the following:
  ``(j) Reporting Accessibility Complaints.--
          ``(1) In general.--The Secretary shall ensure that an 
        individual who believes that he or she, or a specific class in 
        which the individual belongs, has been subjected to 
        discrimination on the basis of disability by a State or local 
        governmental entity, private nonprofit organization, or Tribe 
        that operates a public transportation service and is a 
        recipient or subrecipient of funds under this chapter, may, by 
        the individual or by an authorized representative, file a 
        complaint with the Department of Transportation.
          ``(2) Procedures.--Not later than 1 year after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        implement procedures that allow an individual to submit a 
        complaint described in paragraph (1) by phone, mail-in form, 
        and online through the website of the Office of Civil Rights of 
        the Federal Transit Administration.
          ``(3) Notice to individuals with disabilities.--Not later 
        than 12 months after the date of enactment of the INVEST in 
        America Act, the Secretary shall require that each public 
        transit provider and contractor providing paratransit services 
        shall include on a publicly available website of the service 
        provider, any related mobile device application, and online 
        service--
                  ``(A) notice that an individual can file a 
                disability-related complaint with the local transit 
                agency and the process and any timelines for filing 
                such a complaint;
                  ``(B) the telephone number, or a comparable 
                electronic means of communication, for the disability 
                assistance hotline of the Office of Civil Rights of the 
                Federal Transit Administration;
                  ``(C) notice that a consumer can file a disability 
                related complaint with the Office of Civil Rights of 
                the Federal Transit Administration; and
                  ``(D) an active link to the website of the Office of 
                Civil Rights of the Federal Transit Administration for 
                an individual to file a disability-related complaint.
          ``(4) Investigation of complaints.--Not later than 60 days 
        after the last day of each fiscal year, the Secretary shall 
        publish a report that lists the disposition of complaints 
        described in paragraph (1), including--
                  ``(A) the number and type of complaints filed with 
                Department of Transportation;
                  ``(B) the number of complaints investigated by the 
                Department;
                  ``(C) the result of the complaints that were 
                investigated by the Department including whether the 
                complaint was resolved--
                          ``(i) informally;
                          ``(ii) by issuing a violation through a 
                        noncompliance Letter of Findings; or
                          ``(iii) by other means, which shall be 
                        described; and
                  ``(D) if a violation was issued for a complaint, 
                whether the Department resolved the noncompliance by--
                          ``(i) reaching a voluntary compliance 
                        agreement with the entity;
                          ``(ii) referring the matter to the Attorney 
                        General; or
                          ``(iii) by other means, which shall be 
                        described.
          ``(5) Report.--The Secretary shall, upon implementation of 
        this section and annually thereafter, submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives, the Committee on Banking, Housing, and Urban 
        Affairs of the Senate, and make publicly available a report 
        containing the information collected under this section.'';
          (4) by striking subsection (m) and inserting the following:
  ``(m) Preaward and Postdelivery Review of Rolling Stock Purchases.--
The Secretary shall prescribe regulations requiring a preaward and 
postdelivery review of a grant under this chapter to buy rolling stock 
to ensure compliance with bid specifications requirements of grant 
recipients under this chapter. Under this subsection, grantee 
inspections and review are required, and a manufacturer certification 
is not sufficient.''; and
          (5) by amending subsection (r) to read as follows:
  ``(r) Reasonable Access to Public Transportation Facilities.--
          ``(1) In general.--A recipient of assistance under this 
        chapter--
                  ``(A) may not deny reasonable access for a private 
                intercity or charter transportation operator to 
                federally funded public transportation facilities, 
                including intermodal facilities, park and ride lots, 
                and bus-only highway lanes; and
                  ``(B) shall respond to any request for reasonable 
                access within 75 days of the receipt of the request 
                and, if a recipient of assistance under this chapter 
                denies access to a private intercity or charter 
                transportation operator based on the reasonable access 
                standards, provide, in writing, the reasons for the 
                denial.
          ``(2) Determining reasonable access.--In determining 
        reasonable access under paragraph (1)(A), capacity requirements 
        of the recipient of assistance and the extent to which access 
        would be detrimental or beneficial to existing public 
        transportation services must be considered and demographic 
        makeup of the riders of a private intercity or charter 
        transportation operator may not be cited as a detriment to the 
        provision of access.
          ``(3) Notification.--If a private intercity or charter 
        transportation operator requesting access under this subsection 
        is denied such access by a recipient of assistance under this 
        chapter or does not receive a written response within 75 days 
        of submitting the request, such operator may notify the 
        Secretary for purposes of inclusion in the report under 
        paragraph (4).
          ``(4) Report to congress.--The Secretary shall annually 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate a report listing each 
        instance reported under paragraph (3) in which--
                  ``(A) a private intercity or charter transportation 
                operator requested reasonable access and was denied, 
                and the reasons provided by the recipient of assistance 
                under this chapter for the denial; and
                  ``(B) a recipient of assistance under this chapter 
                did not respond to a request for reasonable access 
                within 75 days.''.

SEC. 2104. MISCELLANEOUS PROVISIONS.

  (a) State of Good Repair Grants.--Section 5337(e) of title 49, United 
States Code, is amended by adding at the end the following:
          ``(3) Accessibility costs.--Notwithstanding paragraph (1), 
        the Federal share of the net project cost of a project to 
        provide accessibility improvements consistent with standards in 
        compliance with the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.) shall be 90 percent.''.
  (b) Apportionments Based on Growing States and High Density States 
Formula Factors.--Section 5340(a) of title 49, United States Code, is 
amended by inserting ``and the District of Columbia'' after ``United 
States''.
  (c) Technical Assistance and Workforce Development.--Section 5314 of 
title 49, United States Code, is amended--
          (1) in subsection (a)(1)(B)--
                  (A) in clause (i) by striking ``; and'' and inserting 
                a semicolon;
                  (B) in clause (ii) by striking ``and vehicle 
                electronics.'' and inserting ``cybersecurity and 
                mitigating the threat of ransomware, and vehicle 
                electronics; and''; and
                  (C) by adding at the end the following:
                          ``(iii) technical assistance to assist 
                        recipients with the impacts of a new census 
                        count.'';
          (2) in subsection (a)(2)--
                  (A) by redesignating subparagraphs (H) and (I) as 
                subparagraphs (J) and (K), respectively; and
                  (B) by inserting after subparagraph (G) the 
                following:
                  ``(H) cybersecurity and mitigating the threat of 
                ransomware;'';
          (3) in subsection (b)(1)(B) by striking ``females'' and 
        inserting ``women''; and
          (4) in subsection (c)(4)(A) by inserting ``, and not more 
        than 2 percent of amounts under 5311,'' after ``5339''.
  (d) National Transit Database.--Section 5335 of title 49, United 
States Code, is amended--
          (1) in subsection (a) by inserting ``, including information 
        on transit routes and ridership on those routes'' after 
        ``public sector investment decision''; and
          (2) in subsection (c) by inserting ``, any data on each 
        assault on a transit worker, and pedestrian injuries and 
        fatalities as a result of an impact with a bus. Each of the 
        data sets shall be publicly reported without aggregating the 
        data with other safety data'' after ``by the recipient''.
  (e) Urbanized Area Formula Grants.--Section 5307 of title 49, United 
States Code, is amended--
          (1) in subsection (a)(2)(A)--
                  (A) in clause (i) by striking ``or'' at the end; and
                  (B) by adding at the end the following:
                          ``(iii) operate a minimum of 101 buses and a 
                        maximum of 125 buses in fixed route service or 
                        demand response service, excluding ADA 
                        complementary paratransit service, during peak 
                        service hours, in an amount not to exceed 25 
                        percent of the share of the apportionment which 
                        is attributable to such systems within the 
                        urbanized area, as measured by vehicle revenue 
                        hours; or'';
          (2) in subsection (a)(2)(B)--
                  (A) in clause (i) by striking ``or'' at the end;
                  (B) in clause (ii) by striking the period at the end 
                and inserting ``; or''; and
                  (C) by adding at the end the following:
                          ``(iii) operate a minimum of 101 buses and a 
                        maximum of 125 buses in fixed route service or 
                        demand response service, excluding ADA 
                        complementary paratransit service, during peak 
                        service hours, in an amount not to exceed 25 
                        percent of the share of the apportionment 
                        allocated to such systems within the urbanized 
                        area, as determined by the local planning 
                        process and included in the designated 
                        recipient's final program of projects prepared 
                        under subsection (b).''; and
          (3) in subsection (b)--
                  (A) in paragraph (6) by striking ``and'' at the end;
                  (B) by redesignating paragraph (7) as paragraph (8); 
                and
                  (C) by inserting after paragraph (6) the following:
          ``(7) ensure that the proposed program of projects provides 
        improved access to transit for the individuals described in 
        section 5336(j); and''.
  (f) Technical Correction.--Section 5307(a)(2)(B)(ii) of title 49, 
United States Code, is amended by striking ``service during peak'' and 
inserting ``service, during peak''.
  (g) Transportation Development Credits as Local Match.--
          (1) Section 5307.--Section 5307(d)(3) of title 49, United 
        States Code, is amended--
                  (A) in subparagraph (D) by striking ``; and'' and 
                inserting a semicolon;
                  (B) in subparagraph (E) by striking the period and 
                inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(F) transportation development credits.''.
          (2) Section 5309.--Section 5309 of title 49, United States 
        Code, is amended--
                  (A) in subsection (f) by adding at the end the 
                following:
          ``(3) Transportation development credits.--For purposes of 
        assessments and determinations under this subsection or 
        subsection (h), transportation development credits that are 
        included as a source of local financing or match shall be 
        treated the same as other sources of local financing.''; and
                  (B) in subsection (l)(4)--
                          (i) in subparagraph (B) by striking ``; or'' 
                        and inserting a semicolon;
                          (ii) in subparagraph (C) by striking the 
                        period and inserting a semicolon; and
                          (iii) by adding at the end the following:
                  ``(D) transportation development credits; or''.
          (3) Section 5339.--Section 5339(a)(7)(B) of title 49, United 
        States Code, is amended--
                  (A) in clause (iv) by striking ``; or'' and inserting 
                a semicolon;
                  (B) in clause (v) by striking the period and 
                inserting ``; or''; and
                  (C) by adding at the end the following:
                          ``(vi) transportation development credits.''.
  (h) Clarification of Incidental Use.--Section 5310(b)(7) of title 49, 
United States Code, is amended--
          (1) in the header by inserting ``and incidental use'' after 
        ``individuals'';
          (2) by inserting ``or providing other incidental services'' 
        after ``individuals''; and
          (3) by striking ``delivery service does not conflict'' and 
        inserting ``service does not conflict''.

SEC. 2105. POLICIES AND PURPOSES.

  Section 5301(b) of title 49, United States Code, is amended--
          (1) in paragraph (7) by striking ``; and'' and inserting a 
        semicolon;
          (2) in paragraph (8) by striking the period and inserting a 
        semicolon; and
          (3) by adding at the end the following:
          ``(9) reduce the contributions of the surface transportation 
        system to the total carbon pollution of the United States; and
          ``(10) improve the resiliency of the public transportation 
        network to withstand weather events and other natural 
        disasters.''.

SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS.

  For fiscal years 2022 and 2023, the Secretary of Transportation shall 
apportion and distribute formula funds provided for under chapter 53 of 
title 49, United States Code, using data submitted to the 2019 National 
Transit Database.

SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING.

  Section 5303 of title 49, United States Code, is further amended--
          (1) by amending subsection (a)(1) to read as follows:
          ``(1) to encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility needs of 
        people and freight, foster economic growth and development 
        within and between States and urbanized areas, and take into 
        consideration resiliency and climate change adaptation needs 
        while reducing transportation-related fuel consumption, air 
        pollution, and greenhouse gas emissions through metropolitan 
        and statewide transportation planning processes identified in 
        this chapter; and''.
          (2) in subsection (b)--
                  (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                  (B) by inserting after paragraph (5) the following:
          ``(6) STIP.--The term `STIP' means a statewide transportation 
        improvement program developed by a State under section 
        135(g).'';
          (3) in subsection (c)--
                  (A) in paragraph (1) by striking ``and transportation 
                improvement programs'' and inserting ``and TIPs''; and
                  (B) by adding at the end the following:
          ``(4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider direct and 
        indirect emissions of greenhouse gases.'';
          (4) in subsection (d)--
                  (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of the Federal Public 
                Transportation Act of 2012, each'' and inserting 
                ``Each'';
                  (B) in paragraph (3) by adding at the end the 
                following:
                  ``(D) Equitable and proportional representation.--
                          ``(i) In general.--In designating officials 
                        or representatives under paragraph (2), the 
                        metropolitan planning organization shall ensure 
                        the equitable and proportional representation 
                        of the population of the metropolitan planning 
                        area.
                          ``(ii) Savings clause.--Nothing in this 
                        paragraph shall require a metropolitan planning 
                        organization in existence on the date of 
                        enactment of this subparagraph to be 
                        restructured.
                          ``(iii) Redesignation.--Notwithstanding 
                        clause (ii), the requirements of this paragraph 
                        shall apply to any metropolitan planning 
                        organization redesignated under paragraph 
                        (6).'';
                  (C) in paragraph (6)(B) by striking ``paragraph (2)'' 
                and inserting ``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 one metropolitan 
                planning organization is designated within an urbanized 
                area under subsection (d)(7), the metropolitan planning 
                organizations designated within the area shall ensure, 
                to the maximum extent practicable, the consistency of 
                any data used in the planning process, including 
                information used in forecasting transportation demand.
                  ``(B) Savings clause.--Nothing in this paragraph 
                requires metropolitan planning organizations designated 
                within a single urbanized area to jointly develop 
                planning documents, including a unified long-range 
                transportation plan or unified TIP.'';
          (6) in subsection (h)(1)--
                  (A) by striking subparagraph (E) and inserting the 
                following:
                  ``(E) protect and enhance the environment, promote 
                energy conservation, reduce greenhouse gas emissions, 
                improve the quality of life and public health, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns, including housing and land use 
                patterns;'';
                  (B) in subparagraph (H) by striking ``and'' at the 
                end;
                  (C) in subparagraph (I) by striking the period at the 
                end and inserting ``and reduce or mitigate stormwater, 
                sea level rise, extreme weather, and climate change 
                impacts of surface transportation;''; and
                  (D) by inserting after subparagraph (I) the 
                following:
                  ``(J) support emergency management, response, and 
                evacuation and hazard mitigation;
                  ``(K) improve the level of transportation system 
                access; and
                  ``(L) support inclusive zoning policies and land use 
                planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households.'';
          (7) in subsection (h)(2) by striking subparagraph (A) and 
        inserting the following:
                  ``(A) In general.--Through the use of a performance-
                based approach, transportation investment decisions 
                made as a part of the metropolitan transportation 
                planning process shall support the national goals 
                described in section 150(b) of title 23, the 
                achievement of metropolitan and statewide targets 
                established under section 150(d) of title 23, the 
                improvement of transportation system access (consistent 
                with section 150(f)) of title 23, and the general 
                purposes described in section 5301 of this title.'';
          (8) in subsection (i)--
                  (A) in paragraph (2)(D)(i) by inserting ``reduce 
                greenhouse gas emissions and'' before ``restore and 
                maintain'';
                  (B) in paragraph (2)(G) by inserting ``and climate 
                change'' after ``infrastructure to natural disasters'';
                  (C) in paragraph (2)(H) by inserting ``greenhouse gas 
                emissions,'' after ``pollution,'';
                  (D) in paragraph (5)--
                          (i) in subparagraph (A) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                          (ii) by striking subparagraph (B) and 
                        inserting the following:
                  ``(B) Issues.--The consultation shall involve, as 
                appropriate, comparison of transportation plans to 
                other relevant plans, including, if available--
                          ``(i) State conservation plans or maps; and
                          ``(ii) inventories of natural or historic 
                        resources.''; and
                  (E) by amending paragraph (6)(C) to read as follows:
                  ``(C) Methods.--
                          ``(i) In general.--In carrying out 
                        subparagraph (A), the metropolitan planning 
                        organization shall, to the maximum extent 
                        practicable--
                                  ``(I) hold any public meetings at 
                                convenient and accessible locations and 
                                times;
                                  ``(II) employ visualization 
                                techniques to describe plans; and
                                  ``(III) make public information 
                                available in electronically accessible 
                                format and means, such as the internet, 
                                as appropriate to afford reasonable 
                                opportunity for consideration of public 
                                information under subparagraph (A).
                          ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the metropolitan 
                        planning organization shall, to the maximum 
                        extent practicable--
                                  ``(I) use virtual public involvement, 
                                social media, and other web-based tools 
                                to encourage public participation and 
                                solicit public feedback; and
                                  ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
          (9) in subsection (j) by striking ``transportation 
        improvement program'' and inserting ``TIP'' each place it 
        appears; and
          (10) by striking ``Federally'' each place it appears and 
        inserting ``federally''.

SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

  Section 5304 of title 49, United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                  (B) in paragraph (2)--
                          (i) by striking ``The statewide 
                        transportation plan and the'' and inserting the 
                        following:
                  ``(A)  In general.--The statewide transportation plan 
                and the'';
                          (ii) by striking ``transportation improvement 
                        program'' and inserting ``STIP''; and
                          (iii) by adding at the end the following:
                  ``(B) Consideration.--In developing the statewide 
                transportation plans and STIPs, States shall consider 
                direct and indirect emissions of greenhouse gases.''; 
                and
                  (C) in paragraph (3) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
          (2) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (E)--
                                  (I) by inserting ``reduce greenhouse 
                                gas emissions,'' after ``promote energy 
                                conservation,'';
                                  (II) by inserting ``and public 
                                health'' after ``improve the quality of 
                                life''; and
                                  (III) by inserting ``, including 
                                housing and land use patterns'' after 
                                ``economic development patterns'';
                          (ii) in subparagraph (H) by striking ``and'';
                          (iii) in subparagraph (I) by striking the 
                        period at the end and inserting ``and reduce or 
                        mitigate stormwater, sea level rise, extreme 
                        weather, and climate change impacts of surface 
                        transportation;''; and
                          (iv) by adding at the end the following:
                  ``(J) facilitate emergency management, response, and 
                evacuation and hazard mitigation;
                  ``(K) improve the level of transportation system 
                access; and
                  ``(L) support inclusive zoning policies and land use 
                planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households.'';
                  (B) in paragraph (2)--
                          (i) by striking subparagraph (A) and 
                        inserting the following:
                  ``(A) In general.--Through the use of a performance-
                based approach, transportation investment decisions 
                made as a part of the statewide transportation planning 
                process shall support--
                          ``(i) the national goals described in section 
                        150(b) of title 23;
                          ``(ii) the consideration of transportation 
                        system access (consistent with section 150(f) 
                        of title 23);
                          ``(iii) the achievement of statewide targets 
                        established under section 150(d) of title 23; 
                        and
                          ``(iv) the general purposes described in 
                        section 5301 of this title.''; and
                          (ii) in subparagraph (D) by striking 
                        ``statewide transportation improvement 
                        program'' and inserting ``STIP''; and
                  (C) in paragraph (3) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
          (3) in subsection (e)(3) by striking ``transportation 
        improvement program'' and inserting ``STIP'';
          (4) in subsection (f)--
                  (A) in paragraph (2)(D)--
                          (i) in clause (i) by inserting ``air quality, 
                        public health, housing, transportation, 
                        resilience, hazard mitigation, emergency 
                        management,'' after ``conservation,''; and
                          (ii) by amending clause (ii) to read as 
                        follows:
                          ``(ii) Comparison and consideration.--
                        Consultation under clause (i) shall involve the 
                        comparison of transportation plans to other 
                        relevant plans and inventories, including, if 
                        available--
                                  ``(I) State and tribal conservation 
                                plans or maps; and
                                  ``(II) inventories of natural or 
                                historic resources.'';
                  (B) in paragraph (3)(B)--
                          (i) by striking ``In carrying out'' and 
                        inserting the following:
                          ``(i) In general.--in carrying out'';
                          (ii) by redesignating clauses (i) through 
                        (iv) as subclauses (I) through (IV), 
                        respectively; and
                          (iii) by adding at the end the following:
                          ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the State shall, 
                        to the maximum extent practicable--
                                  ``(I) use virtual public involvement, 
                                social media, and other web-based tools 
                                to encourage public participation and 
                                solicit public feedback; and
                                  ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
                  (C) in paragraph (4)(A) by inserting ``reduce 
                greenhouse gas emissions and'' after ``potential to''; 
                and
                  (D) in paragraph (8) by inserting ``including 
                consideration of the role that intercity buses may play 
                in reducing congestion, pollution, greenhouse gas 
                emissions, and energy consumption in a cost-effective 
                manner and strategies and investments that preserve and 
                enhance intercity bus systems, including systems that 
                are privately owned and operated'' after 
                ``transportation system'';
          (5) in subsection (g)--
                  (A) in paragraph (1)(A) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                  (B) in paragraph (5)--
                          (i) in subparagraph (A) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                          (ii) in subparagraph (B)(ii) by striking 
                        ``metropolitan transportation improvement 
                        program'' and inserting ``TIP'';
                          (iii) in subparagraph (C) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                          (iv) in subparagraph (E) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                          (v) in subparagraph (F)(i) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                          (vi) in subparagraph (G)(ii) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP''; and
                          (vii) in subparagraph (H) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                  (C) in paragraph (6)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``transportation 
                                improvement program'' and inserting 
                                ``STIP''; and
                                  (II) by striking ``and projects 
                                carried out under the bridge program or 
                                the Interstate maintenance program 
                                under title 23''; and
                          (ii) in subparagraph (B)--
                                  (I) by striking ``or under the bridge 
                                program or the Interstate maintenance 
                                program''; and
                                  (II) by striking ``statewide 
                                transportation improvement program'' 
                                and inserting ``STIP'';
                  (D) in paragraph (7)--
                          (i) in the heading by striking 
                        ``Transportation improvement program'' and 
                        inserting ``STIP''; and
                          (ii) by striking ``transportation improvement 
                        program'' and inserting ``STIP'';
                  (E) in paragraph (8) by striking ``statewide 
                transportation plans and programs'' and inserting 
                ``statewide transportation plans and STIPs''; and
                  (F) in paragraph (9) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
          (6) in subsection (h)(2)(A) by striking ``Not later than 5 
        years after the date of enactment of the Federal Public 
        Transportation Act of 2012,'' and inserting ``Not less 
        frequently than once every 4 years,'';
          (7) in subsection (j) by striking ``transportation 
        improvement program'' and inserting ``STIP'' each place it 
        appears; and
          (8) in subsection (l) by striking ``transportation 
        improvement programs'' and inserting ``STIPs''.

SEC. 2109. OBLIGATION LIMITATION.

  Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit Account 
of the Highway Trust Fund by subsection (a) of section 5338 of title 
49, United States Code, shall not exceed--
          (1) $17,894,460,367 for fiscal year 2023;
          (2) $18,201,940,770 for fiscal year 2024;
          (3) $18,551,676,708 for fiscal year 2025; and
          (4) $18,901,573,693 for fiscal year 2026.

SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF FUNDS.

  Section 5324 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(f) Imposition of Deadline.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may not require any project funded pursuant 
        to this section to advance to the construction obligation stage 
        before the date that is the last day of the sixth fiscal year 
        after the later of--
                  ``(A) the date on which the Governor declared the 
                emergency, as described in subsection (a)(2); or
                  ``(B) the date on which the President declared a 
                major disaster, as described in such subsection.
          ``(2) Extension of deadline.--If the Secretary imposes a 
        deadline for advancement to the construction obligation stage 
        pursuant to paragraph (1), the Secretary may, upon the request 
        of the Governor of the State, issue an extension of not more 
        than 1 year to complete such advancement, and may issue 
        additional extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has provided 
        suitable justification to warrant an extension.''.

SEC. 2111. CERTIFICATION REQUIREMENTS.

  The certification requirements described in section 661.12 of title 
49, Code of Federal Regulations, shall, after the date of enactment of 
this Act, include a certification that buses or other rolling stock 
(including train control, communication and traction power equipment) 
being procured do not contain or use any covered telecommunications 
equipment or services, as such term is defined by section 889 of the 
John S. McCain National Defense Authorization Act for Fiscal Year 2019 
(Public Law 115-232).

SEC. 2112. HOLD HARMLESS.

  Notwithstanding any other provision of law, for fiscal years 2021 and 
2022, the Secretary of Transportation shall allow project sponsors, at 
the request of such sponsor, to submit ridership and service data and 
projections collected before January 20, 2020 and projections based on 
that data to determine project eligibility under section 5309 of title 
49, United States Code.

SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANSPORTATION.

  (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall submit to Congress a 
report that includes--
          (1) a description of the challenges faced by each of the 
        populations described in subsection (b) when riding public 
        transportation; and
          (2) recommendations to improve the accessibility of 
        federally-funded public transportation for the populations 
        described in subsection (b).
  (b) Covered Populations.--The populations described in subsection (a) 
shall be--
          (1) pregnant women; and
          (2) individuals living in areas of persistent poverty, as 
        such term is defined in section 172(l) of title 23, United 
        States Code, as added by this Act, and individuals that are 
        unbanked or underbanked.

             Subtitle B--Improving Frequency and Ridership

SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND RIDERSHIP COMPETITIVE 
                    GRANTS.

  (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5307 the following new section:

``Sec. 5308. Multi-jurisdictional bus frequency and ridership 
                    competitive grants

  ``(a) In General.--The Secretary shall make grants under this 
section, on a competitive basis, to eligible recipients to increase the 
frequency of bus service and the ridership of public transit buses.
  ``(b) Applications.--To be eligible for a grant under this section, 
an eligible recipient shall submit to the Secretary an application at 
such time, in such manner, and containing such information as the 
Secretary may require.
  ``(c) Application Timing.--Not later than 90 days after amounts are 
made available to carry out this section, the Secretary shall solicit 
grant applications from eligible recipients for projects described in 
subsection (d).
  ``(d) Uses of Funds.--An eligible recipient of a grant under this 
section shall use such grant for transportation capital projects that--
          ``(1) increase--
                  ``(A) the frequency of bus service;
                  ``(B) bus ridership; and
                  ``(C) total person throughput; and
          ``(2) are consistent with, and as described in, the design 
        guidance issued by the National Association of City 
        Transportation Officials and titled `Transit Street Design 
        Guide'.
  ``(e) Grant Criteria.--In making grants under this section, the 
Secretary shall consider the following:
          ``(1) Each eligible recipient's projected increase in bus 
        frequency.
          ``(2) Each eligible recipient's projected increase in bus 
        ridership.
          ``(3) Each eligible recipient's projected increase in total 
        person throughput.
          ``(4) The degree of regional collaboration described in each 
        eligible recipient's application, including collaboration 
        with--
                  ``(A) a local government entity that operates a 
                public transportation service;
                  ``(B) local government agencies that control street 
                design;
                  ``(C) metropolitan planning organizations (as such 
                term is defined in section 5303); and
                  ``(D) State departments of transportation.
  ``(f) Grant Timing.--The Secretary shall award grants under this 
section not later than 120 days after the date on which the Secretary 
completes the solicitation described in subsection (c).
  ``(g) Requirements of the Secretary.--In carrying out the program 
under this section, the Secretary shall--
          ``(1) not later than the date described in subsection (c), 
        publish in the Federal Register a list of all metrics and 
        evaluation procedures to be used in making grants under this 
        section; and
          ``(2) publish in the Federal Register--
                  ``(A) a summary of the final metrics and evaluations 
                used in making grants under this section; and
                  ``(B) a list of the ratings of eligible recipients 
                receiving a grant under this section based on such 
                metrics and evaluations.
  ``(h) Federal Share.--
          ``(1) In general.--The Federal share of the cost of a project 
        carried out under this section shall not exceed 80 percent.
          ``(2) Restriction on grant amounts.--The Secretary may make a 
        grant for a project under this section in an amount up to 150 
        percent of the amount--
                  ``(A) provided for such project under title 23; and
                  ``(B) provided for such project from non-Federal 
                funds budgeted for roadways.
  ``(i) Requirements of Section 5307.--Except as otherwise provided in 
this section, a grant under this section shall be subject to the 
requirements of section 5307.
  ``(j) Availability of Funds.--
          ``(1) In general.--Amounts made available to carry out this 
        section shall remain available for 4 fiscal years after the 
        fiscal year for which the amount was made available.
          ``(2) Unobligated amounts.--After the expiration of the 
        period described in paragraph (1) for an amount made available 
        to carry out this section, any unobligated amounts made 
        available to carry out this section shall be added to the 
        amounts made available for the following fiscal year.
  ``(k) Eligible Recipients.--In this section, the term `eligible 
recipient' means a recipient of a grant under section 5307 in an 
urbanized area with a population greater than 500,000.''.
  (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5307 the following new item:

``5308. Multi-jurisdictional bus frequency and ridership competitive 
grants.''.

SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FORMULA.

  Section 5336 of title 49, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in paragraph (2)--
                          (i) in subparagraph (A)--
                                  (I) in the matter preceding clause 
                                (i) by striking ``95.61 percent'' and 
                                inserting ``95 percent'';
                                  (II) in clause (i) by striking 
                                ``95.61 percent'' and inserting ``95 
                                percent''; and
                                  (III) in clause (ii) by striking 
                                ``95.61 percent'' and inserting ``95 
                                percent''; and
                          (ii) in subparagraph (B)--
                                  (I) in the matter preceding clause 
                                (i) by striking ``4.39 percent'' and 
                                inserting ``5 percent'';
                                  (II) in clause (i)--
                                          (aa) by inserting ``in the 
                                        highest 25 percent of routes by 
                                        ridership'' before ``multiplied 
                                        by''; and
                                          (bb) by striking ``vehicle 
                                        passenger miles traveled for 
                                        each dollar of operating cost 
                                        in an area'' and inserting 
                                        ``vehicles operating in peak 
                                        revenue service per hour in the 
                                        highest 25 percent of routes by 
                                        ridership''; and
                                  (III) in clause (ii)--
                                          (aa) by inserting ``in the 
                                        highest 25 percent of routes by 
                                        ridership'' before ``multiplied 
                                        by''; and
                                          (bb) by striking ``vehicle 
                                        passenger miles traveled for 
                                        each dollar of operating cost 
                                        in all areas'' and inserting 
                                        ``vehicles operating in peak 
                                        revenue service per hour in the 
                                        highest 25 percent of routes by 
                                        ridership''; and
                  (B) by adding at the end the following:
          ``(3) Special rule.--For fiscal years 2023 and 2024, the 
        percentage--
                  ``(A) in paragraph (2)(A) in the matter preceding 
                clause (i) shall be treated as 100 percent; and
                  ``(B) in paragraph (2)(B) in the matter preceding 
                clause (i) shall be treated as 0 percent.'';
          (2) in subsection (c)--
                  (A) in paragraph (1) by striking ``90.8 percent'' and 
                inserting ``90 percent'' each place it appears;
                  (B) in paragraph (2)--
                          (i) by striking ``9.2 percent'' and inserting 
                        ``8 percent'';
                          (ii) by striking ``200,000'' and inserting 
                        ``500,000'';
                          (iii) by striking subparagraph (A) and 
                        inserting the following:
                  ``(A) the number of bus passenger miles traveled on 
                the highest 25 percent of routes by ridership 
                multiplied by the number of buses operating in peak 
                revenue service per hour on the highest 25 percent of 
                routes by ridership; divided by''; and
                          (iv) by striking subparagraph (B) and 
                        inserting the following:
                  ``(B) the total number of bus passenger miles 
                traveled on the highest 25 percent of routes by 
                ridership multiplied by the total number of buses 
                operating in peak revenue service per hour on the 
                highest 25 percent of routes by ridership in all 
                areas.''; and
                  (C) by adding at the end the following:
          ``(3) Two percent of the total amount apportioned under this 
        subsection shall be apportioned so that each urbanized area 
        with a population of at least 200,000 and less than 500,000 is 
        entitled to receive an amount using the formula in paragraph 
        (1).
          ``(4) For fiscal years 2023 and 2024, the percentage--
                  ``(A) in paragraph (1) in the matter preceding 
                subparagraph (A) shall be treated as 100 percent;
                  ``(B) in paragraph (2) in the matter preceding 
                subparagraph (A) shall be treated as 0 percent; and
                  ``(C) in paragraph (3) shall be treated as 0 
                percent.''; and
          (3) by adding at the end the following:
  ``(k) Peak Revenue Service Defined.--In this section, the term `peak 
revenue service' means the time period between the time in the morning 
that an agency first exceeds the number of midday vehicles in revenue 
service and the time in the evening that an agency falls below the 
number of midday vehicles in revenue service.''.

SEC. 2203. MOBILITY INNOVATION.

  (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5315 the following new section:

``Sec. 5316. Mobility innovation

  ``(a) In General.--Amounts made available to a covered recipient to 
carry out sections 5307, 5310, and 5311 may be used by such covered 
recipient under this section to assist in the financing of--
          ``(1) mobility as a service; and
          ``(2) mobility on demand services.
  ``(b) Federal Share.--
          ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the Federal share of the net cost of a project carried out 
        under this section shall not exceed 70 percent.
          ``(2) Insourcing incentive.--Notwithstanding paragraph (1), 
        the Federal share of the net cost of a project described in 
        paragraph (1) shall, at the request of the project sponsor, be 
        increased by up to 10 percent for mobility on demand service 
        operated exclusively by personnel employed by the recipient.
          ``(3) Zero emission incentive.--Notwithstanding paragraph 
        (1), the Federal share of the net cost of a project described 
        in paragraph (1) shall, at the request of the project sponsor, 
        be increased by up to 10 percent if such project involves an 
        eligible use that uses a vehicle that produces zero carbon 
        dioxide or particulate matter.
  ``(c) Eligible Uses.--
          ``(1) In general.--The Secretary shall publish guidance 
        describing eligible activities that are demonstrated to--
                  ``(A) increase transit ridership;
                  ``(B) be complementary to fixed route transit 
                service;
                  ``(C) demonstrate meaningful improvements in--
                          ``(i) environmental metrics, including 
                        standards established pursuant to the Clean Air 
                        Act (42 U.S.C. 7401 et seq.) and greenhouse gas 
                        performance targets established pursuant to 
                        section 150(d) of title 23;
                          ``(ii) traffic congestion;
                          ``(iii) compliance with the requirements 
                        under the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.);
                          ``(iv) low-income service to increase access 
                        to employment, healthcare, and other essential 
                        services;
                          ``(v) service during times of the day when 
                        regular transit service is not operating, as 
                        long as regular transit service hours are not 
                        reduced;
                          ``(vi) new service that operates in areas of 
                        lower density that are unserved or underserved 
                        by regular transit service;
                          ``(vii) rural service; and
                          ``(viii) improvement in paratransit service 
                        quality.
          ``(2) Fare collection modernization.--In developing guidance 
        referred to in this section, the Secretary shall ensure that--
                  ``(A) all costs associated with installing, 
                modernizing, and managing fare collection, including 
                touchless payment systems, shall be considered eligible 
                expenses under this title and subject to the applicable 
                Federal share; and
                  ``(B) such guidance includes guidance on how agencies 
                shall provide unbanked and underbanked users with an 
                opportunity to benefit from mobility as a service 
                platforms.
          ``(3) Prohibition on use of funds.--Amounts used by a covered 
        recipient for projects eligible under this section may not be 
        used for--
                  ``(A) single passenger vehicle miles (in a passenger 
                motor vehicle, as such term is defined in section 
                32101, that carries less than 9 passengers), unless the 
                trip--
                          ``(i) meets the definition of public 
                        transportation; and
                          ``(ii) begins or completes a fixed route 
                        public transportation trip;
                  ``(B) deadhead vehicle miles; or
                  ``(C) any service considered a taxi service that 
                operates under an exemption from testing requirements 
                under section 5331.
  ``(d) Federal Requirements.--A project carried out under this section 
shall be treated as if such project were carried out under the section 
from which the funds were provided to carry out such project, including 
the application of any additional requirements provided for by law that 
apply to section 5307, 5310, or 5311, as applicable.
  ``(e) Waiver.--
          ``(1) Individual waiver.--Except as provided in paragraphs 
        (2) and (3), the Secretary may waive any requirement applied to 
        a project carried out under this section pursuant to subsection 
        (d) if the Secretary determines that the project would--
                  ``(A) not undermine labor standards;
                  ``(B) increase employment opportunities of the 
                recipient unless the Secretary determines that such a 
                waiver does not affect employment opportunities; and
                  ``(C) be consistent with the public interest.
          ``(2) Waiver under other sections.--The Secretary may not 
        waive any requirement under paragraph (1) for which a waiver is 
        otherwise available.
          ``(3) Prohibition of waiver.--Notwithstanding paragraph (1), 
        the Secretary may not waive any requirement of--
                  ``(A) section 5333;
                  ``(B) section 5331;
                  ``(C) section 5302(14); and
                  ``(D) chapter 53 that establishes a maximum Federal 
                share for operating costs.
          ``(4) Application of section 5320.--Notwithstanding 
        paragraphs (1) and (2), the Secretary may only waive the 
        requirements of section 5320 with respect to--
                  ``(A) a passenger vehicle owned by an individual;
                  ``(B) subsection (q) of such section for any 
                passenger vehicle not owned by an individual for the 
                period beginning on the date of enactment of this 
                section and ending 3 years after such date;
                  ``(C) any shared micromobility device for the period 
                beginning on the date of enactment of this section and 
                ending on the date that is 3 years after such date; and
                  ``(D) rolling stock that is part of a dedicated fleet 
                of vehicles for the provision of microtransit that is 
                operated by, or exclusively on behalf of, the covered 
                recipient for the period beginning on the date of 
                enactment of this section and ending on the date that 
                is 3 years after such date.
          ``(5) Limitation.--A waiver issued under subparagraphs (B), 
        (C), or (D) of paragraph (4) may only be issued on an 
        individual project basis at the request of the covered 
        recipient and may not be renewed or extended beyond the initial 
        3-year period of the waiver.
  ``(f) Open Data Standards.--
          ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary shall initiate 
        procedures under subchapter III of chapter 5 of title 5 to 
        develop an open data standard and an application programming 
        interface necessary to carry out this section.
          ``(2) Regulations.--The regulations required under paragraph 
        (1) shall require public transportation agencies, mobility on 
        demand providers, mobility as a service technology providers, 
        other non-government actors, and local governments the 
        efficient means to transfer data to--
                  ``(A) foster the efficient use of transportation 
                capacity;
                  ``(B) enhance the management of new modes of 
                mobility;
                  ``(C) enable the use of innovative planning tools;
                  ``(D) enable single payment systems for all mobility 
                on demand services;
                  ``(E) establish metropolitan planning organization, 
                State, and local government access to anonymized data 
                for transportation planning, real time operations data, 
                and rules;
                  ``(F) prohibit the transfer of personally 
                identifiable information;
                  ``(G) protect confidential business information;
                  ``(H) enhance cybersecurity protections; and
                  ``(I) allow data governance, including but not 
                limited to licensing and terms of information sharing, 
                periodic risk assessments, policies regarding data 
                retention and information handling policies, and 
                anonymization techniques.
          ``(3) Prohibition on for profit activity.--Any data received 
        by an entity under this subsection may not be sold, leased, or 
        otherwise used to generate profit, except for the direct 
        provision of the related mobility on demand services and 
        mobility as a service.
          ``(4) Committee.--A negotiated rulemaking committee 
        established pursuant to section 565 of title 5 to carry out 
        this subsection shall have a maximum of 17 members limited to 
        representatives of the Department of Transportation, State and 
        local governments, metropolitan planning organizations, urban 
        and rural covered recipients, associations that represent 
        public transit agencies, representatives from at least 3 
        different organizations engaged in collective bargaining on 
        behalf of transit workers in not fewer than 3 States, mobility 
        on demand providers, and mobility as a service technology 
        providers.
          ``(5) Publication of proposed regulations.--Proposed 
        regulations to implement this section shall be published in the 
        Federal Register by the Secretary not later than 18 months 
        after such date of enactment.
          ``(6) Extension of deadlines.--A deadline set forth in 
        paragraph (4) may be extended up to 180 days if the negotiated 
        rulemaking committee referred to in paragraph (5) concludes 
        that the committee cannot meet the deadline and the Secretary 
        so notifies the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate.
  ``(g) Application of Recipient Vehicle Revenue Miles.--With respect 
to vehicle revenue miles with one passenger of a covered recipient 
using amounts under this section, such miles--
          ``(1) shall be included in the National Transit Database 
        under section 5335; and
          ``(2) shall be excluded from vehicle revenue miles data used 
        in the calculation described in section 5336.
  ``(h) Savings Clause.--Subsection (c)(2) and subsection (g) shall not 
apply to any eligible activities under this section if such activities 
are--
          ``(1) being carried out in compliance with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or
          ``(2) projects eligible under section 5310 that exceed the 
        requirements of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.).
  ``(i) Definitions.--In this section:
          ``(1) Covered recipient.--The term `covered recipient' means 
        a State or local government entity, private nonprofit 
        organization, or Tribe that--
                  ``(A) operates a public transportation service; and
                  ``(B) is a recipient or subrecipient of funds under 
                section 5307, 5310, or 5311.
          ``(2) Deadhead vehicle miles.--The term `deadhead vehicle 
        miles' means the miles that a vehicle travels when out of 
        revenue service, including leaving or returning to the garage 
        or yard facility, changing routes, when there is no expectation 
        of carrying revenue passengers, and any miles traveled by a 
        private operator without a passenger.
          ``(3) Mobility as a service.--The term `mobility as a 
        service' means services that constitute the integration of 
        mobility on demand services and public transportation that are 
        available and accessible to all travelers, provide multimodal 
        trip planning, and a unified payment system.
          ``(4) Mobility on demand.--The term `mobility on demand' 
        means an on-demand transportation service shared among 
        individuals, either concurrently or one after another.''.
  (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5315 the following new item:

``5316. Mobility innovation.''.

  (c) Effective Date.--This section and the amendments made by this 
section shall take effect on the date on which the Secretary of 
Transportation has finalized both--
          (1) the guidance required under section 5316(c) of title 49, 
        United States Code; and
          (2) the regulations required under section 5316(f) of title 
        49, United States Code.
  (d) Savings Clause.--Nothing in this section, or the amendments made 
by this section, shall prohibit the use of funds for an eligible 
activity or pilot project of a covered recipient authorized under the 
law in effect on the day before the date of enactment of this Act 
before the effective date described in subsection (c).

SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.

  Section 5311 of title 49, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in paragraph (2) by adding at the end the 
                following:
                  ``(D) Census designation.--The Secretary may approve 
                a State program that allocates not more than 5 percent 
                of such State's apportionment to assist rural areas 
                that were redesignated as urban areas not more than 2 
                fiscal years after the last census designation of 
                urbanized area boundaries.''; and
                  (B) in paragraph (3) by striking ``section 
                5338(a)(2)(F)'' and inserting ``section 
                5338(a)(2)(E)'';
          (2) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A) 
                        by striking ``section 5338(a)(2)(F)'' and 
                        inserting ``section 5338(a)(2)(E)'';
                          (ii) in subparagraph (A) by striking 
                        ``$5,000,000'' and inserting ``$10,000,000''; 
                        and
                          (iii) in subparagraph (B) by striking 
                        ``$30,000,000'' and inserting ``the amount 
                        remaining under section 5338(a)(2)(E)(i) after 
                        the amount under subparagraph (A) is 
                        distributed'';
                  (B) in paragraph (2)(C) by striking ``section 
                5338(a)(2)(F)'' and inserting ``section 
                5338(a)(2)(E)''; and
                  (C) in paragraph (3)--
                          (i) in subparagraph (A) by striking ``section 
                        5338(a)(2)(F)'' and inserting ``section 
                        5338(a)(2)(E)''; and
                          (ii) by striking subparagraphs (B) and (C) 
                        and inserting the following:
                  ``(B) Land area.--
                          ``(i) In general.--Subject to clause (ii), 
                        each State shall receive an amount that is 
                        equal to 15 percent of the amount apportioned 
                        under this paragraph, multiplied by the ratio 
                        of the land area in rural areas in that State 
                        and divided by the land area in all rural areas 
                        in the United States, as shown by the most 
                        recent decennial census of population.
                          ``(ii) Maximum apportionment.--No State shall 
                        receive more than 5 percent of the amount 
                        apportioned under clause (i).
                  ``(C) Population.--Each State shall receive an amount 
                equal to 50 percent of the amount apportioned under 
                this paragraph, multiplied by the ratio of the 
                population of rural areas in that State and divided by 
                the population of all rural areas in the United States, 
                as shown by the most recent decennial census of 
                population.
                  ``(D) Vehicle revenue miles.--
                          ``(i) In general.--Subject to clause (ii), 
                        each State shall receive an amount that is 
                        equal to 25 percent of the amount apportioned 
                        under this paragraph, multiplied by the ratio 
                        of vehicle revenue miles in rural areas in that 
                        State and divided by the vehicle revenue miles 
                        in all rural areas in the United States, as 
                        determined by national transit database 
                        reporting.
                          ``(ii) Maximum apportionment.--No State shall 
                        receive more than 5 percent of the amount 
                        apportioned under clause (i).
                  ``(E) Low-income individuals.--Each State shall 
                receive an amount that is equal to 10 percent of the 
                amount apportioned under this paragraph, multiplied by 
                the ratio of low-income individuals in rural areas in 
                that State and divided by the number of low-income 
                individuals in all rural areas in the United States, as 
                shown by the Bureau of the Census.'';
          (3) in subsection (f)--
                  (A) in paragraph (1) by inserting ``A State may 
                expend funds to continue service into another State to 
                extend a route.'' before ``Eligible activities under'';
                  (B) in paragraph (2) by inserting ``and makes the 
                certification and supporting documents publicly 
                available'' before the period at the end; and
                  (C) by adding at the end the following:
          ``(3) Meaningful connections.--All projects funded under this 
        subsection shall directly serve, or make meaningful scheduled 
        connections to, the national intercity bus network.''; and
          (4) in subsection (g) by adding at the end the following:
          ``(6) Allowance for volunteer hours.--
                  ``(A) Applicable regulations.--For any funds provided 
                by a department or agency of the Government under 
                paragraph (3)(D) or by a service agreement under 
                paragraph (3)(C), and such department or agency has 
                regulations in place that provide for the valuation of 
                volunteer hours as allowable in-kind contributions 
                toward the non-Federal share of project costs, such 
                regulations shall be used to determine the allowable 
                valuation of volunteer hours as an in-kind contribution 
                toward the non-Federal remainder of net project costs 
                for a transit project funded under this section.
                  ``(B) Limitations.--Subparagraph (A) shall not apply 
                to the provision of fixed-route bus services funded 
                under this section.''.

SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.

  Section 5310 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(j) One-Stop Paratransit Program.--
          ``(1) In general.--Not later than 6 months after the date of 
        enactment of this subsection, the Secretary shall establish a 
        one-stop paratransit competitive grant program to encourage an 
        extra stop in non-fixed route Americans with Disabilities Act 
        of 1990 (42 U.S.C. 12101 et seq.) service for a paratransit 
        rider to complete essential tasks.
          ``(2) Preference.--The Secretary shall give preference to 
        eligible recipients that--
                  ``(A) have comparable data for the year prior to 
                implementation of the grant program and made available 
                to the Secretary, academic and nonprofit organizations 
                for research purposes; and
                  ``(B) plan to use agency personnel to implement the 
                pilot program.
          ``(3) Application criteria.--To be eligible to participate in 
        the grant program, an eligible recipient shall submit to the 
        Secretary an application containing such information as the 
        Secretary may require, including information on--
                  ``(A) locations the eligible entity intends to allow 
                a stop at, if stops are limited, including--
                          ``(i) childcare or education facilities;
                          ``(ii) pharmacies;
                          ``(iii) grocery stores; and
                          ``(iv) bank or ATM locations;
                  ``(B) methodology for informing the public of the 
                grant program;
                  ``(C) vehicles, personnel, and other resources that 
                will be used to implement the grant program;
                  ``(D) if the applicant does not intend the grant 
                program to apply to the full area under the 
                jurisdiction of the applicant, a description of the 
                geographic area in which the applicant intends the 
                grant program to apply; and
                  ``(E) the anticipated amount of increased operating 
                costs.
          ``(4) Selection.--The Secretary shall seek to achieve 
        diversity of participants in the grant program by selecting a 
        range of eligible entities that includes at least--
                  ``(A) 5 eligible recipients that serve an area with a 
                population of 50,000 to 200,000;
                  ``(B) 10 eligible recipients that serve an area with 
                a population of over 200,000; and
                  ``(C) 5 eligible recipients that provide 
                transportation for rural communities.
          ``(5) Data-sharing criteria.--An eligible recipient in this 
        subsection shall provide data as the Secretary requires, which 
        may include--
                  ``(A) number of ADA paratransit trips conducted each 
                year;
                  ``(B) requested time of each paratransit trip;
                  ``(C) scheduled time of each paratransit trip;
                  ``(D) actual pickup time for each paratransit trip;
                  ``(E) average length of a stop in the middle of a 
                ride as allowed by this subsection;
                  ``(F) any complaints received by a paratransit rider;
                  ``(G) rider satisfaction with paratransit services; 
                and
                  ``(H) after the completion of the grant, an 
                assessment by the eligible recipient of its capacity to 
                continue a one-stop program independently.
          ``(6) Report.--
                  ``(A) In general.--The Secretary shall make publicly 
                available an annual report on the program carried out 
                under this subsection for each fiscal year, not later 
                than December 31 of the calendar year in which such 
                fiscal year ends.
                  ``(B) Contents.--The report required under 
                subparagraph (A) shall include a detailed description 
                of the activities carried out under the program, and an 
                evaluation of the program, including an evaluation of 
                the data shared by eligible recipients under paragraph 
                (5).''.

         Subtitle C--Buy America and Other Procurement Reforms

SEC. 2301. BUY AMERICA.

  (a) Buy America.--
          (1) In general.--Chapter 53 of title 49, United States Code, 
        is amended by inserting before section 5321 the following:

``Sec. 5320. Buy America

  ``(a) In General.--The Secretary may obligate an amount that may be 
appropriated to carry out this chapter for a project only if the steel, 
iron, and manufactured goods used in the project are produced in the 
United States.
  ``(b) Waiver.--The Secretary may waive subsection (a) if the 
Secretary finds that--
          ``(1) applying subsection (a) would be inconsistent with the 
        public interest;
          ``(2) the steel, iron, and goods produced in the United 
        States are not produced in a sufficient and reasonably 
        available amount or are not of a satisfactory quality;
          ``(3) when procuring rolling stock (including train control, 
        communication, traction power equipment, and rolling stock 
        prototypes) under this chapter--
                  ``(A) the cost of components and subcomponents 
                produced in the United States is more than 70 percent 
                of the cost of all components of the rolling stock; and
                  ``(B) final assembly of the rolling stock has 
                occurred in the United States; or
          ``(4) including domestic material will increase the cost of 
        the overall project by more than 25 percent.
  ``(c) Written Waiver Determination and Annual Report.--
          ``(1) Waiver procedure.--Not later than 120 days after the 
        submission of a request for a waiver, the Secretary shall make 
        a determination under subsection (b)(1), (b)(2), or (b)(4) as 
        to whether to waive subsection (a).
          ``(2) Public notification and comment.--
                  ``(A) In general.--Not later than 30 days before 
                making a determination regarding a waiver described in 
                paragraph (1), the Secretary shall provide notification 
                and an opportunity for public comment on the request 
                for such waiver.
                  ``(B) Notification requirements.--The notification 
                required under subparagraph (A) shall--
                          ``(i) describe whether the application is 
                        being made for a waiver described in subsection 
                        (b)(1), (b)(2) or (b)(4); and
                          ``(ii) be provided to the public by 
                        electronic means, including on a public website 
                        of the Department of Transportation.
          ``(3) Determination.--Before a determination described in 
        paragraph (1) takes effect, the Secretary shall publish a 
        detailed justification for such determination that addresses 
        all public comments received under paragraph (2)--
                  ``(A) on the public website of the Department of 
                Transportation; and
                  ``(B) if the Secretary issues a waiver with respect 
                to such determination, in the Federal Register.
          ``(4) Annual report.--Annually, the Secretary shall submit to 
        the Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report listing any waiver 
        issued under paragraph (1) during the preceding year.
  ``(d) Rolling Stock Waiver Conditions.--
          ``(1) Labor costs for final assembly.--In this section, 
        highly skilled labor costs involved in final assembly shall be 
        included as a separate component in the cost of components and 
        subcomponents under subsection (b)(3)(A).
          ``(2) High domestic content component bonus.--In this 
        section, in calculating the domestic content of the rolling 
        stock under subsection (b)(3)(A), the percent, rounded to the 
        nearest whole number, of the domestic content in components of 
        such rolling stock, weighted by cost, shall be used in 
        calculating the domestic content of the rolling stock, except--
                  ``(A) with respect to components that exceed--
                          ``(i) 70 percent domestic content, the 
                        Secretary shall add 10 additional percent to 
                        the component's domestic content when 
                        calculating the domestic content of the rolling 
                        stock; and
                          ``(ii) 75 percent domestic content, the 
                        Secretary shall add 15 additional percent to 
                        the component's domestic content when 
                        calculating the domestic content of the rolling 
                        stock; and
                  ``(B) in no case may a component exceed 100 percent 
                domestic content when calculating the domestic content 
                of the rolling stock.
          ``(3) Rolling stock frames or car shells.--
                  ``(A) Inclusion of costs.--Subject to the 
                substantiation requirement of subparagraph (B), in 
                calculating the cost of the domestic content of the 
                rolling stock under subsection (b)(3), in the case of a 
                rolling stock procurement receiving assistance under 
                this chapter in which the average cost of a rolling 
                stock vehicle in the procurement is more than $300,000, 
                if rolling stock frames or car shells are not produced 
                in the United States, the Secretary shall include in 
                the calculation of the domestic content of the rolling 
                stock the cost of the steel or iron that is produced in 
                the United States and used in the rolling stock frames 
                or car shells.
                  ``(B) Substantiation.--If a rolling stock vehicle 
                manufacturer wishes to include in the calculation of 
                the vehicle's domestic content the cost of steel or 
                iron produced in the United States and used in the 
                rolling stock frames and car shells that are not 
                produced in the United States, the manufacturer shall 
                maintain and provide upon request a mill certification 
                that substantiates the origin of the steel or iron.
          ``(4) Treatment of waived components and subcomponents.--In 
        this section, a component or subcomponent waived under 
        subsection (b) shall be excluded from any part of the 
        calculation required under subsection (b)(3)(A).
          ``(5) Zero-emission vehicle domestic battery cell 
        incentive.--The Secretary shall add 2.5 percent to the total 
        domestic content when calculating the domestic content of the 
        rolling stock for any zero-emission vehicle that uses only 
        battery cells for propulsion that are manufactured 
        domestically.
          ``(6) Prohibition on double counting.--
                  ``(A) In general.--No labor costs included in the 
                cost of a component or subcomponent by the manufacturer 
                of rolling stock may be treated as rolling stock 
                assembly costs for purposes of calculating domestic 
                content.
                  ``(B) Violation.--A violation of this paragraph shall 
                be treated as a false claim under subchapter III of 
                chapter 37 of title 31.
          ``(7) Definition of highly skilled labor costs.--In this 
        subsection, the term `highly skilled labor costs'--
                  ``(A) means the apportioned value of direct wage 
                compensation associated with final assembly activities 
                of workers directly employed by a rolling stock 
                original equipment manufacturer and directly associated 
                with the final assembly activities of a rolling stock 
                vehicle that advance the value or improve the condition 
                of the end product;
                  ``(B) does not include any temporary or indirect 
                activities or those hired via a third-party contractor 
                or subcontractor;
                  ``(C) are limited to metalworking, fabrication, 
                welding, electrical, engineering, and other technical 
                activities requiring training;
                  ``(D) are not otherwise associated with activities 
                required under section 661.11 of title 49, Code of 
                Federal Regulations; and
                  ``(E) includes only activities performed in the 
                United States and does not include that of foreign 
                nationals providing assistance at a United States 
                manufacturing facility.
  ``(e) Certification of Domestic Supply and Disclosure.--
          ``(1) Certification of domestic supply.--If the Secretary 
        denies an application for a waiver under subsection (b)(2), the 
        Secretary shall provide to the applicant a written 
        certification that--
                  ``(A) the steel, iron, or manufactured goods, as 
                applicable, (referred to in this paragraph as the 
                `item') is produced in the United States in a 
                sufficient and reasonably available amount;
                  ``(B) the item produced in the United States is of a 
                satisfactory quality; and
                  ``(C) includes a list of known manufacturers in the 
                United States from which the item can be obtained.
          ``(2) Disclosure.--The Secretary shall disclose the waiver 
        denial and the written certification to the public in the 
        manner described in subsection (c).
  ``(f) Waiver Prohibited.--The Secretary may not make a waiver under 
subsection (b) for goods produced in a foreign country if the 
Secretary, in consultation with the United States Trade Representative, 
decides that the government of that foreign country--
          ``(1) has an agreement with the United States Government 
        under which the Secretary has waived the requirement of this 
        section; and
          ``(2) has violated the agreement by discriminating against 
        goods to which this section applies that are produced in the 
        United States and to which the agreement applies.
  ``(g) Penalty for Mislabeling and Misrepresentation.--A person is 
ineligible under subpart 9.4 of the Federal Acquisition Regulation, or 
any successor thereto, to receive a contract or subcontract made with 
amounts authorized under title II of division B of the INVEST in 
America Act if a court or department, agency, or instrumentality of the 
Government decides the person intentionally--
          ``(1) affixed a `Made in America' label, or a label with an 
        inscription having the same meaning, to goods sold in or 
        shipped to the United States that are used in a project to 
        which this section applies but not produced in the United 
        States; or
          ``(2) represented that goods described in paragraph (1) were 
        produced in the United States.
  ``(h) State Requirements.--The Secretary may not impose any 
limitation on assistance provided under this chapter that restricts a 
State from imposing more stringent requirements than this subsection on 
the use of articles, materials, and supplies mined, produced, or 
manufactured in foreign countries in projects carried out with that 
assistance or restricts a recipient of that assistance from complying 
with those State-imposed requirements.
  ``(i) Opportunity To Correct Inadvertent Error.--The Secretary may 
allow a manufacturer or supplier of steel, iron, or manufactured goods 
to correct after bid opening any certification of noncompliance or 
failure to properly complete the certification (but not including 
failure to sign the certification) under this subsection if such 
manufacturer or supplier attests under penalty of perjury that such 
manufacturer or supplier submitted an incorrect certification as a 
result of an inadvertent or clerical error. The burden of establishing 
inadvertent or clerical error is on the manufacturer or supplier.
  ``(j) Administrative Review.--A party adversely affected by an agency 
action under this subsection shall have the right to seek review under 
section 702 of title 5.
  ``(k) Steel and Iron.--For purposes of this section, steel and iron 
meeting the requirements of section 661.5(b) of title 49, Code of 
Federal Regulations, may be considered produced in the United States.
  ``(l) Definition of Small Purchase.--For purposes of determining 
whether a purchase qualifies for a general public interest waiver under 
subsection (b)(1), including under any regulation promulgated under 
such subsection, the term `small purchase' means a purchase of not more 
than $150,000.
  ``(m) Preaward and Postdelivery Review of Rolling Stock Purchases.--
          ``(1) In general.--The Secretary shall prescribe regulations 
        requiring a preaward and postdelivery certification of a 
        rolling stock vehicle that meets the requirements of this 
        section and Government motor vehicle safety requirements to be 
        eligible for a grant under this chapter. For compliance with 
        this section--
                  ``(A) Federal inspections and review are required;
                  ``(B) a manufacturer certification is not sufficient; 
                and
                  ``(C) a rolling stock vehicle that has been certified 
                by the Secretary remains certified until the 
                manufacturer makes a material change to the vehicle, or 
                adjusts the cost of all components of the rolling 
                stock, that reduces, by more than half, the percentage 
                of domestic content above 70 percent.
          ``(2) Certification of percentage.--
                  ``(A) In general.--The Secretary may, at the request 
                of a component or subcomponent manufacturer, certify 
                the percentage of domestic content and place of 
                manufacturing for a component or subcomponent.
                  ``(B) Period of certification.--Any component or 
                subcomponent certified by the Secretary shall remain 
                certified until the manufacturer makes a material 
                change to the domestic content or the place of 
                manufacturing of such component or subcomponent.
          ``(3) Freedom of information act.--In carrying out this 
        subsection, the Secretary shall apply the provisions of section 
        552 of title 5, including subsection (b)(4) of such section.
          ``(4) Noncompliance.--The Secretary shall prohibit recipients 
        from procuring rolling stock, components, or subcomponents from 
        a supplier that intentionally provides false information to 
        comply with this subsection.
  ``(n) Scope.--The requirements of this section apply to all contracts 
for a public transportation project carried out within the scope of the 
applicable finding, determination, or decision under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless 
of the funding source of such contracts, if at least one contract for 
the public transportation project is funded with amounts made available 
to carry out this chapter.
  ``(o) Buy America Conformity.--The Secretary shall ensure that all 
Federal funds for new commuter rail projects shall comply with this 
section and shall not be subject to section 22905(a).
  ``(p) Audits and Reporting of Waste, Fraud, and Abuse.--
          ``(1) In general.--The Inspector General of the Department of 
        Transportation shall conduct an annual audit on certifications 
        under subsection (m) regarding compliance with Buy America.
          ``(2) Report fraud, waste, and abuse.--The Secretary shall 
        display a `Report Fraud, Waste, and Abuse' button and link to 
        Department of Transportation's Office of Inspector General 
        Hotline on the Federal Transit Administration's Buy America 
        landing page.
          ``(3) Contract requirement.--The Secretary shall require all 
        recipients who enter into contracts to purchase rolling stock 
        with funds provided under this chapter to include in such 
        contract information on how to contact the Department of 
        Transportation's Office of Inspector General Hotline to report 
        suspicions of fraud, waste, and abuse.
  ``(q) Passenger Motor Vehicles.--
          ``(1) In general.--Any domestically manufactured passenger 
        motor vehicle shall be considered to be produced in the United 
        States under this section.
          ``(2) Domestically manufactured passenger motor vehicle.--In 
        this subsection, the term `domestically manufactured passenger 
        motor vehicle' means any passenger motor vehicle, as such term 
        is defined in section 32304(a) that--
                  ``(A) has under section 32304(b)(1)(B) its final 
                assembly place in the United States; and
                  ``(B) the percentage (by value) of passenger motor 
                equipment under section 32304(b)(1)(A) equals or 
                exceeds 60 percent value added.
  ``(r) Rolling Stock Components and Subcomponents.--No bus shell, 
railcar frame, or other component or subcomponent that is primarily 
made of steel or iron shall be treated as produced in the United States 
for purposes of subsection (b)(3) or determined to be of domestic 
origin under section 661.11 of title 49, Code of Federal Regulations, 
if the material inputs of such component or subcomponent were imported 
into the United States and the processes performed in the United States 
on the imported articles would not result in a change in the article's 
classification to chapter 86 or 87 of the Harmonized Tariff Schedule of 
the United States from another chapter or a new heading of any chapter 
from the heading under which the article was classified upon entry.
  ``(s) Treatment of Steel and Iron Components as Produced in the 
United States.--Notwithstanding any other provision of any law or any 
rule, regulation, or policy of the Federal Transit Administration, 
steel and iron components of a system, as defined in section 661.3 of 
title 49, Code of Federal Regulations, and of manufactured end products 
referred to in Appendix A of such section, may not be considered to be 
produced in the United States unless such components meet the 
requirements of section 661.5(b) of title 49, Code of Federal 
Regulations.
  ``(t) Requirement for Transit Agencies.--Notwithstanding the 
provisions of this section, if a transit agency accepts Federal funds, 
such agency shall adhere to the requirements of this section in 
procuring rolling stock.''.
          (2) Clerical amendment.--The analysis for chapter 53 of title 
        49, United States Code, is amended by inserting before the item 
        relating to section 5321 the following:

``5320. Buy America.''.

          (3) Conforming amendments.--
                  (A) Technical assistance and workforce development.--
                Section 5314(a)(2)(G) of title 49, United States Code, 
                is amended by striking ``sections 5323(j) and 5323(m)'' 
                and inserting ``section 5320''.
                  (B) Urbanized area formula grants.--Section 
                5307(c)(1)(E) of title 49, United States Code, is 
                amended by inserting ``, 5320,'' after ``5323''.
                  (C) Innovative procurement.--Section 
                3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 note) 
                is amended by striking ``5323(j)'' and inserting 
                ``5320''.
  (b) Bus Rolling Stock.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to revise Appendix B and Appendix D of 
section 661.11 of title 49, Code of Federal Regulations, with respect 
to bus rolling stock to maximize job creation and align such section 
with modern manufacturing techniques.
  (c) Rail Rolling Stock.--Not later than 30 months after the date of 
enactment of this Act, the Secretary shall issue such regulations as 
are necessary to revise subsections (t), (u), and (v) of section 661.11 
of title 49, Code of Federal Regulations, with respect to rail rolling 
stock to maximize job creation and align such section with modern 
manufacturing techniques.
  (d) Rule of Applicability.--
          (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        any contract entered into on or after the date of enactment of 
        this Act.
          (2) Delayed applicability of certain provisions.--Contracts 
        described in paragraph (1) shall be subject to the following 
        delayed applicability requirements:
                  (A) Section 5320(m)(2) shall apply to contracts 
                entered into on or after the date that is 30 days after 
                the date of enactment of this Act.
                  (B) Notwithstanding subparagraph (A), section 5320(m) 
                shall apply to contracts for the procurement of bus 
                rolling stock beginning on the earlier of--
                          (i) 180 days after the date on which final 
                        regulations are issued pursuant to subsection 
                        (b); or
                          (ii) the date that is 1 year after the date 
                        of enactment of this Act.
                  (C) Notwithstanding subparagraph (A), section 5320(m) 
                shall apply to contracts for the procurement of rail 
                rolling stock beginning on the earlier of--
                          (i) 180 days after the date on which final 
                        regulations are issued pursuant to subsection 
                        (c); or
                          (ii) the date that is 2 years after the date 
                        of enactment of this Act.
                  (D) Section 5320(p)(1) shall apply on the date that 
                is 1 year after the latest of the application dates 
                described in subparagraphs (A) through (C).
          (3) Special rule for certain contracts.--For any contract 
        described in paragraph (1) for which the delivery for the first 
        production vehicle occurs before October 1, 2024, paragraphs 
        (1) and (4) of section 5320(d) shall not apply.
          (4) Special rule for battery cell incentives.--For any 
        contract described in paragraph (1) for which the delivery for 
        the first production vehicle occurs before October 1, 2023, 
        section 5320(d)(5) shall not apply.
          (5) Application of existing law.--During any periods 
        described in this subsection, the Secretary shall apply the 
        requirements of sections 5323(j) and 5323(m) of title 49, 
        United States Code, as in effect on the day before the date of 
        enactment of this Act, as applicable.
  (e) Special Rule for Domestic Content.--
          (1) In general.--For the calculation of the percent of 
        domestic content calculated under section 5320(d)(2) for a 
        contract for rolling stock entered into on or after October 1, 
        2021--
                  (A) if the delivery of the first production vehicle 
                occurs in fiscal year 2023 or fiscal year 2024, for 
                components that exceed 70 percent domestic content, the 
                Secretary shall add 20 additional percent to the 
                component's domestic content; and
                  (B) if the delivery of the first production vehicle 
                occurs in fiscal year 2025 or fiscal year 2026--
                          (i) for components that exceed 70 percent but 
                        do not exceed 75 percent domestic content, the 
                        Secretary shall add 15 additional percent to 
                        the component's domestic content; or
                          (ii) for components that exceed 75 percent 
                        domestic content, the Secretary shall add 20 
                        additional percent to the component's domestic 
                        content.
          (2) Contracts after october 1, 2021.--For the calculation of 
        the percent of domestic content calculated under section 
        5320(d)(2) for a contract for rolling stock entered into on or 
        after October 1, 2021 for a vehicle described in section 
        5339(c)(1)(D), and notwithstanding subsection (e)(1), if the 
        delivery of the first production vehicle occurs in fiscal year 
        2023 or 2024, for components that exceed 70 percent domestic 
        content, the Secretary shall add 30 additional percent to the 
        component's domestic content.
          (3) Battery cells.--Paragraph (1) and paragraph (2) of this 
        subsection shall not apply to any contract for rolling stock if 
        the manufacturer of the rolling stock or the manufacturer of 
        the battery cells used for propulsion of the rolling stock is 
        an entity described in 49 USC 5323(u)(1) and (u)(2).

SEC. 2302. BUS PROCUREMENT STREAMLINING.

  Section 5323 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(x) Bus Procurement Streamlining.--
          ``(1) In general.--The Secretary may only obligate amounts 
        for acquisition of buses under this chapter to a recipient that 
        issues a request for proposals for an open market procurement 
        that meets the following criteria:
                  ``(A) Such request for proposals is limited to 
                performance specifications, except for components or 
                subcomponents identified in the negotiated rulemaking 
                carried out pursuant to this subsection.
                  ``(B) Such request for proposals does not seek any 
                alternative design or manufacture specification of a 
                bus offered by a manufacturer, except to require a 
                component or subcomponent identified in the negotiated 
                rulemaking carried out pursuant to this subsection.
          ``(2) Specific bus component negotiated rulemaking.--
                  ``(A) Initiation.--Not later than 120 days after the 
                date of enactment of the INVEST in America Act, the 
                Secretary shall initiate procedures under subchapter 
                III of chapter 5 of title 5 to negotiate and issue such 
                regulations as are necessary to establish as limited a 
                list as is practicable of bus components and 
                subcomponents described in subparagraph (B).
                  ``(B) List of components.--The regulations required 
                under subparagraph (A) shall establish a list of bus 
                components and subcomponents that may be specified in a 
                request for proposals described in paragraph (1) by a 
                recipient. The Secretary shall ensure the list is 
                limited in scope and limited to only components and 
                subcomponents that cannot be selected with performance 
                specifications to ensure interoperability.
                  ``(C) Publication of proposed regulations.--Proposed 
                regulations to implement this section shall be 
                published in the Federal Register by the Secretary not 
                later than 18 months after such date of enactment.
                  ``(D) Committee.--A negotiated rulemaking committee 
                established pursuant to section 565 of title 5 to carry 
                out this paragraph shall have a maximum of 11 members 
                limited to representatives of the Department of 
                Transportation, urban and rural recipients (including 
                State government recipients), and transit vehicle 
                manufacturers.
                  ``(E) Extension of deadlines.--A deadline set forth 
                in subparagraph (C) may be extended up to 180 days if 
                the negotiated rulemaking committee referred to in 
                subparagraph (D) concludes that the committee cannot 
                meet the deadline and the Secretary so notifies the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate.
          ``(3) Savings clause.--Nothing in this section shall be 
        construed to provide additional authority for the Secretary to 
        restrict what a bus manufacturer offers to sell to a public 
        transportation agency.''.

SEC. 2303. BUS TESTING FACILITY.

  Section 5318 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(f) Testing Schedule.--The Secretary shall--
          ``(1) determine eligibility of a bus manufacturer's request 
        for testing within 10 business days; and
          ``(2) make publicly available the current backlog (in months) 
        to begin testing a new bus at the bus testing facility.''.

SEC. 2304. REPAYMENT REQUIREMENT.

  (a) In General.--A transit agency shall repay into the general fund 
of the Treasury any funds received from the Federal Transit 
Administration under section 3401 of the American Rescue Plan Act of 
2021 (Public Law 117-2) if the funds were used to award a contract or 
subcontract to an entity for the procurement of rolling stock for use 
in public transportation if the manufacturer of the rolling stock--
          (1) is incorporated in or has manufacturing facilities in the 
        United States; and
          (2) is owned or controlled by, is a subsidiary of, or is 
        otherwise related legally or financially to a corporation based 
        in a country that--
                  (A) is identified as a nonmarket economy country (as 
                defined in section 771(18) of the Tariff Act of 1930 
                (19 U.S.C. 1677(18))) as of the date of enactment of 
                this subsection;
                  (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                  (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
  (b) Certification.--Not later than 60 days after the date of 
enactment of this section, a transit agency that received funds 
pursuant to the laws specified in subsection (a) shall certify that the 
agency has not and shall not use such funds to purchase rolling stock 
described in subsection (a).

SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING A MAJOR DISASTER.

  (a) In General.--Section 5323 of title 49, United States Code, is 
amended by adding at the end the following:
  ``(y) Urbanized Areas Following a Major Disaster.--
          ``(1) Defined term.--In this subsection, the term `decennial 
        census date' has the meaning given the term in section 141(a) 
        of title 13.
          ``(2) Urbanized area major disaster population criteria.--
        Notwithstanding section 5302, for purposes of this chapter, the 
        Secretary shall treat an area as an urbanized area for the 
        period described in paragraph (3) if--
                  ``(A) a major disaster was declared by the President 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170) 
                for the area during the 3-year period preceding the 
                decennial census date for the 2010 decennial census or 
                for any subsequent decennial census;
                  ``(B) the area was defined and designated as an 
                `urbanized area' by the Secretary of Commerce in the 
                decennial census immediately preceding the major 
                disaster described in subparagraph (A); and
                  ``(C) the population of the area fell below 50,000 as 
                a result of the major disaster described in 
                subparagraph (A).
          ``(3) Covered period.--The Secretary shall treat an area as 
        an urbanized area under paragraph (2) during the period--
                  ``(A) beginning on--
                          ``(i) in the case of a major disaster 
                        described in paragraph (2)(A) that occurred 
                        during the 3-year period preceding the 
                        decennial census date for the 2010 decennial 
                        census, October 1 of the first fiscal year that 
                        begins after the date of enactment of this 
                        subsection; or
                          ``(ii) in the case of any other major 
                        disaster described in paragraph (2)(A), October 
                        1 of the first fiscal year--
                                  ``(I) that begins after the decennial 
                                census date for the first decennial 
                                census conducted after the major 
                                disaster; and
                                  ``(II) for which the Secretary has 
                                sufficient data from that census to 
                                determine that the area qualifies for 
                                treatment as an urbanized area under 
                                paragraph (2); and
                  ``(B) ending on the day before the first fiscal 
                year--
                          ``(i) that begins after the decennial census 
                        date for the second decennial census conducted 
                        after the major disaster described in paragraph 
                        (2)(A); and
                          ``(ii) for which the Secretary has sufficient 
                        data from that census to determine which areas 
                        are urbanized areas for purposes of this 
                        chapter.
          ``(4) Population calculation.--An area treated as an 
        urbanized area under this subsection shall be assigned the 
        population and square miles of the urbanized area designated by 
        the Secretary of Commerce in the most recent decennial census 
        conducted before the major disaster described in paragraph 
        (2)(A).
          ``(5) Savings provision.--Nothing in this subsection may be 
        construed to affect apportionments made under this chapter 
        before the date of enactment of this subsection.''.
  (b) Amendment Takes Effect on Enactment.--Notwithstanding section 
1001, the amendment made by subsection (a) shall take effect on the 
date of enactment of this Act.

SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK PROCUREMENTS.

  (a) Certification.--Section 5323(u)(4) of title 49, United States 
Code, is amended--
          (1) in subparagraph (A) in the heading by striking ``rail''; 
        and
          (2) by adding at the end the following:
                  ``(C) Nonrail rolling stock.--Notwithstanding 
                subparagraph (B) of paragraph (5), as a condition of 
                financial assistance made available in a fiscal year 
                under section 5339, a recipient shall certify in that 
                fiscal year that the recipient will not award any 
                contract or subcontract for the procurement of rolling 
                stock for use in public transportation with a rolling 
                stock manufacturer described in paragraph (1).''.
  (b) Special Rule.--Section 5323(u)(5)(A) of title 49, United States 
Code, is amended by striking ``made by a public transportation agency 
with a rail rolling stock manufacturer described in paragraph (1)'' and 
all that follows through the period at the end and inserting ``as of 
December 20, 2019, including options and other requirements tied to 
these contracts or subcontracts, made by a public transportation agency 
with a restricted rail rolling stock manufacturer.''.

SEC. 2307. SPARE RATIO WAIVER.

  Section 5323 of title 49, United States Code, is further amended by 
adding at the end the following:
  ``(z) Spare Ratio Waiver.--The Federal Transit Administration shall 
waive spare ratio policies for rolling stock found in FTA Grant 
Management Requirements Circular 5010.1, FTA Circular 9030.1 providing 
Urbanized Area Formula Program guidance, and other guidance documents 
for 2 years from the date of enactment of the INVEST in America Act.''.

                     Subtitle D--Bus Grant Reforms

SEC. 2401. FORMULA GRANTS FOR BUSES.

  Section 5339(a) of title 49, United States Code, is amended--
          (1) in paragraph (1)--
                  (A) by inserting ``and subsection (d)'' after ``In 
                this subsection'';
                  (B) in subparagraph (A) by striking ``term `low or no 
                emission vehicle' has'' and inserting ``term `zero 
                emission vehicle' has'';
                  (C) in subparagraph (B) by inserting ``and the 
                District of Columbia'' after ``United States''; and
                  (D) in subparagraph (C) by striking ``the District of 
                Columbia,'';
          (2) in paragraph (2)(A) by striking ``low or no emission 
        vehicles'' and inserting ``zero emission vehicles'';
          (3) in paragraph (4)--
                  (A) in subparagraph (A) by inserting ``and subsection 
                (d)'' after ``this subsection''; and
                  (B) in subparagraph (B) by inserting ``and subsection 
                (d)'' after ``this subsection'';
          (4) in paragraph (5)(A)--
                  (A) by striking ``$90,500,000'' and inserting 
                ``$156,750,000'';
                  (B) by striking ``2016 through 2020'' and inserting 
                ``2023 through 2026'';
                  (C) by striking ``$1,750,000'' and inserting 
                ``$3,000,000''; and
                  (D) by striking ``$500,000'' and inserting 
                ``$750,000'';
          (5) in paragraph (7) by adding at the end the following:
                  ``(C) Special rule for buses and related equipment 
                for zero emission vehicles.--Notwithstanding 
                subparagraph (A), a grant for a capital project for 
                buses and related equipment for hybrid electric buses 
                that make meaningful reductions in energy consumption 
                and harmful emissions, including direct carbon 
                emissions, and zero emission vehicles under this 
                subsection shall be for 90 percent of the net capital 
                costs of the project. A recipient of a grant under this 
                subsection may provide additional local matching 
                amounts.'';
          (6) in paragraph (8)--
                  (A) by striking ``3 fiscal years'' and inserting ``4 
                fiscal years''; and
                  (B) by striking ``3-fiscal-year period'' and 
                inserting ``4-fiscal-year period''; and
          (7) by striking paragraph (9).

SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COMPETITIVE GRANTS.

  Section 5339(b) of title 49, United States Code, is amended--
          (1) in the heading by striking ``Buses and Bus Facilities 
        Competitive Grants'' and inserting ``Bus Facilities and Fleet 
        Expansion Competitive Grants'';
          (2) in paragraph (1)--
                  (A) by striking ``buses and'';
                  (B) by inserting ``and certain buses'' after 
                ``capital projects'';
                  (C) in subparagraph (A) by striking ``buses or 
                related equipment'' and inserting ``bus-related 
                facilities''; and
                  (D) by striking subparagraph (B) and inserting the 
                following:
                  ``(B) purchasing or leasing buses that will not 
                replace buses in the applicant's fleet at the time of 
                application and will be used to--
                          ``(i) increase the frequency of bus service; 
                        or
                          ``(ii) increase the service area of the 
                        applicant.'';
          (3) by striking paragraph (2) and inserting the following:
          ``(2) Grant considerations.--In making grants--
                  ``(A) under subparagraph (1)(A), the Secretary shall 
                only consider--
                          ``(i) the age and condition of bus-related 
                        facilities of the applicant compared to all 
                        applicants and proposed improvements to the 
                        resilience (as such term is defined in section 
                        5302) of such facilities;
                          ``(ii) for a facility that, in whole or in 
                        part, encroaches within the limits of a flood-
                        prone area, the extent to which the facility is 
                        designed and constructed in a way that takes 
                        into account, and mitigates where appropriate, 
                        flood risk; and
                          ``(iii) for a bus station, the degree of 
                        multi-modal connections at such station; and
                  ``(B) under paragraph (1)(B), the Secretary shall 
                consider the improvements to headway and projected new 
                ridership.''; and
          (4) in paragraph (6) by striking subparagraph (B) and 
        inserting the following:
                  ``(B) Government share of costs.--
                          ``(i) In general.--The Government share of 
                        the cost of an eligible project carried out 
                        under this subsection shall not exceed 80 
                        percent.
                          ``(ii) Special rule for buses and related 
                        equipment for zero emission vehicles.--
                        Notwithstanding clause (i), the Government 
                        share of the cost of an eligible project for 
                        the financing of buses and related equipment 
                        for hybrid electric buses that make meaningful 
                        reductions in energy consumption and harmful 
                        emissions, including direct carbon emissions, 
                        and zero emission vehicles shall not exceed 90 
                        percent.''.

SEC. 2403. ZERO EMISSION BUS GRANTS.

  (a) In General.--Section 5339(c) of title 49, United States Code, is 
amended--
          (1) in the heading by striking ``Low or No Emission Grants'' 
        and inserting ``Zero Emission Grants'';
          (2) in paragraph (1)--
                  (A) in subparagraph (B)--
                          (i) in the matter preceding clause (i) by 
                        striking ``in an eligible area'';
                          (ii) in clause (i) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                          (iii) in clause (ii) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                          (iv) in clause (iii) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                          (v) in clause (iv) by striking ``facilities 
                        and related equipment for low or no emission'' 
                        and inserting ``related equipment for zero 
                        emission'';
                          (vi) in clause (v) by striking ``facilities 
                        and related equipment for low or no emission 
                        vehicles;'' and inserting ``related equipment 
                        for zero emission vehicles; or'';
                          (vii) in clause (vii) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                          (viii) by striking clause (vi); and
                          (ix) by redesignating clause (vii) as clause 
                        (vi);
                  (B) by striking subparagraph (D) and inserting the 
                following:
                  ``(D) the term `zero emission bus' means a bus that 
                is a zero emission vehicle;'';
                  (C) by striking subparagraph (E) and inserting the 
                following:
                  ``(E) the term `zero emission vehicle' means a 
                vehicle used to provide public transportation that 
                produces no carbon dioxide or particulate matter;'';
                  (D) in subparagraph (F) by striking ``and'' at the 
                end;
                  (E) by striking subparagraph (G) and inserting the 
                following:
                  ``(G) the term `priority area' means an area that 
                is--
                          ``(i) designated as a nonattainment area for 
                        ozone or particulate matter under section 
                        107(d) of the Clean Air Act (42 U.S.C. 
                        7407(d));
                          ``(ii) a maintenance area, as such term is 
                        defined in section 5303, for ozone or 
                        particulate matter; or
                          ``(iii) in a State that has enacted a 
                        statewide zero emission bus transition 
                        requirement, as determined by the Secretary; 
                        and''; and
                  (F) by adding at the end the following:
                  ``(H) the term `low-income community' means any 
                population census tract if--
                          ``(i) the poverty rate for such tract is at 
                        least 20 percent; or
                          ``(ii) in the case of a tract--
                                  ``(I) not located within a 
                                metropolitan area, the median family 
                                income for such tract does not exceed 
                                80 percent of statewide median family 
                                income; or
                                  ``(II) located within a metropolitan 
                                area, the median family income for such 
                                tract does not exceed 80 percent of the 
                                greater statewide median family income 
                                or the metropolitan area median family 
                                income.'';
          (3) in paragraph (3)--
                  (A) by striking subparagraph (B); and
                  (B) by redesignating subparagraph (C) as subparagraph 
                (B);
          (4) by striking paragraph (5) and inserting the following:
          ``(5) Grant eligibility.--In awarding grants under this 
        subsection, the Secretary shall make grants to eligible 
        projects relating to the acquisition or leasing of equipment 
        for zero-emission buses or zero-emission buses--
                  ``(A) that procure--
                          ``(i) at least 10 zero emission buses;
                          ``(ii) if the recipient operates less than 50 
                        buses in peak service, at least 5 zero emission 
                        buses; or
                          ``(iii) hydrogen buses;
                  ``(B) for which the recipient's board of directors 
                has approved a long-term integrated fleet management 
                plan that--
                          ``(i) establishes--
                                  ``(I) a goal by a set date to convert 
                                the entire bus fleet to zero emission 
                                buses; or
                                  ``(II) a goal that within 10 years 
                                from the date of approval of such plan 
                                the recipient will convert a set 
                                percentage of the total bus fleet of 
                                such recipient to zero emission buses; 
                                and
                          ``(ii) examines the impact of the transition 
                        on the applicant's current workforce, by 
                        identifying skills gaps, training needs, and 
                        retraining needs of the existing workers of 
                        such applicant to operate and maintain zero-
                        emission vehicles and related infrastructure, 
                        and avoids the displacement of the existing 
                        workforce; and
                  ``(C) for which the recipient has performed a fleet 
                transition study that includes optimal route planning 
                and an analysis of how utility rates may impact the 
                recipient's operations and maintenance budget.'';
          (5) in paragraph (7)(A) by striking ``80'' and inserting 
        ``90''; and
          (6) by adding at the end the following:
          ``(8) Low and moderate community grants.--Not less than 10 
        percent of the amounts made available under this subsection in 
        a fiscal year shall be distributed to projects serving 
        predominantly low-income communities.
          ``(9) Priority set-aside.--Of the amounts made available 
        under this subsection in a fiscal year, not less than--
                  ``(A) 20 percent shall be distributed to applicants 
                in priority areas; and
                  ``(B) 10 percent shall be distributed to applicants 
                not located in priority areas whose board of directors 
                have approved a long-term integrated fleet management 
                plan that establishes a goal to convert 100 percent of 
                their bus fleet to zero-emission buses within 15 
                years.''.
  (b) Metropolitan Transportation Planning.--Section 5303(b) of title 
49, United States Code, is amended by adding at the end the following:
          ``(9) Maintenance area.--The term `maintenance area' has the 
        meaning given the term in sections 171(2) and 175A of the Clean 
        Air Act (42 U.S.C. 7501(2); 7505a).''.

SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FORMULA SUBGRANT.

  Section 5339 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(d) Restoration to State of Good Repair Formula Subgrant.--
          ``(1) General authority.--The Secretary may make grants under 
        this subsection to assist eligible recipients and subrecipients 
        described in paragraph (2) in financing capital projects to 
        replace, rehabilitate, and purchase buses and related 
        equipment.
          ``(2) Eligible recipients and subrecipients.--Not later than 
        September 1 annually, the Secretary shall make public a list of 
        eligible recipients and subrecipients based on the most recent 
        data available in the National Transit Database to calculate 
        the 20 percent of eligible recipients and subrecipients with 
        the highest percentage of asset vehicle miles for buses beyond 
        the useful life benchmark established by the Federal Transit 
        Administration.
          ``(3) Urban apportionments.--Funds allocated under section 
        5338(a)(2)(L)(ii) shall be--
                  ``(A) distributed to--
                          ``(i) designated recipients in an urbanized 
                        area with a population of at least 200,000 made 
                        eligible by paragraph (1); and
                          ``(ii) States based on subrecipients made 
                        eligible by paragraph (1) in an urbanized area 
                        under 200,000; and
                  ``(B) allocated pursuant to the formula set forth in 
                section 5336 other than subsection (b), using the data 
                from the 20 percent of eligible recipients and 
                subrecipients.
          ``(4) Rural allocation.--The Secretary shall--
                  ``(A) calculate the percentage of funds under section 
                5338(a)(2)(L)(ii) to allocate to rural subrecipients by 
                dividing--
                          ``(i) the asset vehicle miles for buses 
                        beyond the useful life benchmark (established 
                        by the Federal Transit Administration) of the 
                        rural subrecipients described in paragraph (2); 
                        by
                          ``(ii) the total asset vehicle miles for 
                        buses beyond such benchmark of all eligible 
                        recipients and subrecipients described in 
                        paragraph (2); and
                  ``(B) prior to the allocation described in paragraph 
                (3)(B), apportion to each State the amount of the total 
                rural allocation calculated under subparagraph (A) 
                attributable to such State based the proportion that--
                          ``(i) the asset vehicle miles for buses 
                        beyond the useful life benchmark (established 
                        by the Federal Transit Administration) for 
                        rural subrecipients described in paragraph (2) 
                        in such State; bears to
                          ``(ii) the total asset vehicle miles 
                        described in subparagraph (A)(i).
          ``(5) Application of other provisions.--Paragraphs (3), (7), 
        and (8) of subsection (a) shall apply to eligible recipients 
        and subrecipients described in paragraph (2) of a grant under 
        this subsection.
          ``(6) Prohibition.--No eligible recipient or subrecipient 
        outside the top 5 percent of asset vehicle miles for buses 
        beyond the useful life benchmark established by the Federal 
        Transit Administration may receive a grant in both fiscal year 
        2023 and fiscal year 2024.
          ``(7) Requirement.--The Secretary shall require--
                  ``(A) States to expend, to the benefit of the 
                subrecipients eligible under paragraph (2), the 
                apportioned funds attributed to such subrecipients; and
                  ``(B) designated recipients to provide the allocated 
                funds to the recipients eligible under paragraph (2) 
                the apportioned funds attributed to such recipients.''.

SEC. 2405. WORKFORCE DEVELOPMENT TRAINING GRANTS.

  Section 5339 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(e) Workforce Development Training Grants.--
          ``(1) In general.--Not less than 12.5 percent of funds 
        authorized to be made available for subsection (c) shall be 
        available to fund workforce development training eligible under 
        section 5314(b)(2) (including registered apprenticeships and 
        other labor-management training programs), related to 
        operations or maintenance of zero emission vehicles.
          ``(2) Eligible recipients.--Recipients eligible under 
        subsection (c) shall be eligible to receive a grant under this 
        subsection.
          ``(3) Federal share.--The Federal share of the cost of an 
        eligible project carried out under this subsection shall be 100 
        percent.
          ``(4) Prioritization.--In making grants under this 
        subsection, the Secretary shall prioritize applications that 
        jointly fund training as part of a vehicle procurement 
        application under subsection (c).''.

                   Subtitle E--Supporting All Riders

SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.

  Section 5336(j) of title 49, United States Code, is amended--
          (1) in paragraph (1) by striking ``75 percent'' and inserting 
        ``50 percent'';
          (2) in paragraph (2) by striking ``25 percent'' and inserting 
        ``12.5 percent''; and
          (3) by adding at the end the following:
          ``(3) 30 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population of 
        200,000 or more in the ratio that--
                  ``(A) the number of individuals in each such 
                urbanized area residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 5 years 
                most recently ending; bears to
                  ``(B) the number of individuals in all such urbanized 
                areas residing in an urban census tract with a poverty 
                rate of at least 20 percent during the 5 years most 
                recently ending.
          ``(4) 7.5 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population 
        less than 200,000 in the ratio that--
                  ``(A) the number of individuals in each such 
                urbanized area residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 5 years 
                most recently ending; bears to
                  ``(B) the number of individuals in all such areas 
                residing in an urban census tract with a poverty rate 
                of at least 20 percent during the 5 years most recently 
                ending.''.

SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.

  Section 5311 of title 49, United States Code, as amended in section 
2204, is further amended--
          (1) in subsection (a) by adding at the end the following:
          ``(3) Persistent poverty county.--The term `persistent 
        poverty county' means any county with a poverty rate of at 
        least 20 percent--
                  ``(A) as determined in each of the 1990 and 2000 
                decennial censuses;
                  ``(B) in the Small Area Income and Poverty Estimates 
                of the Bureau of the Census for the most recent year 
                for which the estimates are available; and
                  ``(C) has at least 25 percent of its population in 
                rural areas.'';
          (2) in subsection (b)(2)(C)(i) by inserting ``and persistent 
        poverty counties'' before the semicolon; and
          (3) in subsection (c) by striking paragraph (2) and inserting 
        the following:
          ``(2) Persistent poverty public transportation assistance 
        program.--
                  ``(A) In general.--The Secretary shall carry out a 
                public transportation assistance program for areas of 
                persistent poverty.
                  ``(B) Apportionment.--Of amounts made available or 
                appropriated for each fiscal year under section 
                5338(a)(2)(E)(ii) to carry out this paragraph, the 
                Secretary shall apportion funds to recipients for 
                service in, or directly benefitting, persistent poverty 
                counties for any eligible purpose under this section in 
                the ratio that--
                          ``(i) the number of individuals in each such 
                        rural area residing in a persistent poverty 
                        county; bears to
                          ``(ii) the number of individuals in all such 
                        rural areas residing in a persistent poverty 
                        county.''.

SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT REDUCED FARE TRANSIT.

  Section 5312 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(j) Demonstration Grants To Support Reduced Fare Transit.--
          ``(1) In general.--Not later than 300 days after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        award grants (which shall be known as `Access to Jobs Grants') 
        to eligible entities, on a competitive basis, to implement 
        reduced fare transit service.
          ``(2) Notice.--Not later than 180 days after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        provide notice to eligible entities of the availability of 
        grants under paragraph (1).
          ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an eligible recipient shall submit to the 
        Secretary an application containing such information as the 
        Secretary may require, including, at a minimum, the following:
                  ``(A) A description of how the eligible entity plans 
                to implement reduced fare transit access with respect 
                to low-income individuals, including any eligibility 
                requirements for such transit access.
                  ``(B) A description of how the eligible entity will 
                consult with local community stakeholders, labor 
                unions, local education agencies and institutions of 
                higher education, public housing agencies, and 
                workforce development boards in the implementation of 
                reduced fares.
                  ``(C) A description of the eligible entity's current 
                fare evasion enforcement policies, including how the 
                eligible entity plans to use the reduced fare program 
                to reduce fare evasion.
                  ``(D) An estimate of additional costs to such 
                eligible entity as a result of reduced transit fares.
                  ``(E) A plan for a public awareness campaign of the 
                transit agency's ability to provide reduced fares, 
                including in foreign languages, based on--
                          ``(i) data from the Bureau of the Census, 
                        consistent with the local area demographics 
                        where the transit agency operates, including 
                        the languages that are most prevalent and 
                        commonly requested for translation services; or
                          ``(ii) qualitative and quantitative 
                        observation from community service providers 
                        including those that provide health and mental 
                        health services, social services, 
                        transportation, and other relevant social 
                        services.
                  ``(F) Projected impacts on ridership.
                  ``(G) Projected benefits in closing transit equity 
                gaps.
                  ``(H) Projected impact on the ability of students to 
                access education or workforce training programs.
          ``(4) Grant duration.--Grants awarded under this subsection 
        shall be for a 2-year period.
          ``(5) Selection of eligible recipients.--In carrying out the 
        program under this subsection, the Secretary shall award not 
        more than 20 percent of grants to eligible entities located in 
        rural areas.
          ``(6) Uses of funds.--An eligible entity receiving a grant 
        under this subsection shall use such grant to implement a 
        reduced fare transit program and offset lost fare revenue.
          ``(7) Rule of construction.--Nothing in this section shall be 
        construed to limit the eligibility of an applicant if a State, 
        local, or Tribal governmental entity provides reduced fare 
        transportation to low-income individuals.
          ``(8) Definitions.--In this subsection:
                  ``(A) Eligible entity.--The term `eligible entity' 
                means a State, local, or Tribal governmental entity 
                that operates a public transportation service and is a 
                recipient or subrecipient of funds under this chapter.
                  ``(B) Low-income individual.--The term `low-income 
                individual' means an individual--
                          ``(i) that has qualified for--
                                  ``(I) any program of medical 
                                assistance under a State plan or under 
                                a waiver of the plan under title XIX of 
                                the Social Security Act (42 U.S.C. 1396 
                                et seq.);
                                  ``(II) supplemental nutrition 
                                assistance program (SNAP) under the 
                                Food and Nutrition Act of 2008 (7 
                                U.S.C. 2011 et seq.);
                                  ``(III) the program of block grants 
                                for States for temporary assistance for 
                                needy families (TANF) established under 
                                part A of title IV of the Social 
                                Security Act (42 U.S.C. 601 et seq.);
                                  ``(IV) the free and reduced price 
                                school lunch program established under 
                                the Richard B. Russell National School 
                                Lunch Act (42 U.S.C. 1751 et seq.);
                                  ``(V) a housing voucher through 
                                section 8(o) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(o));
                                  ``(VI) benefits under the Low-Income 
                                Home Energy Assistance Act of 1981;
                                  ``(VII) special supplemental food 
                                program for women, infants and children 
                                (WIC) under section 17 of the Child 
                                Nutrition Act of 1966 (42 U.S.C. 1786); 
                                or
                                  ``(VIII) a Federal Pell Grant under 
                                section 401 of the Higher Education Act 
                                of 1965 (20 U.S.C. 1070a);
                          ``(ii) whose family income is at or below a 
                        set percent (as determined by the eligible 
                        recipient) of the poverty line (as that term is 
                        defined in section 673(2) of the Community 
                        Service Block Grant Act (42 U.S.C. 9902(2)), 
                        including any revision required by that 
                        section) for a family of the size involved; or
                          ``(iii) that is a low-income veteran or 
                        member of the military.
          ``(9) Report.--The Secretary shall designate a university 
        transportation center under section 5505 to collaborate with 
        the eligible entities receiving a grant under this subsection 
        to collect necessary data to evaluate the effectiveness of 
        meeting the targets described in the application of such 
        recipient, including increased ridership, impacts on fare 
        evasion, and progress towards significantly closing transit 
        equity gaps.''.

SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING.

  (a) Best Practices.--
          (1) In general.--
                  (A) Assistance to providers of public transit.--Not 
                later than 180 days after the date of enactment of this 
                Act, the Secretary of Transportation shall issue 
                nonbinding best practices to assist providers of public 
                transportation in setting the threshold for a major 
                service change as described in Circular 4702.1B of the 
                Federal Transit Administration.
                  (B)  Specific providers of public transit.--For the 
                purposes of this section, the term ``providers of 
                public transportation'' means providers that operate 50 
                or more fixed route vehicles in peak service and are 
                located in an urbanized area of 200,000 or more in 
                population.
          (2) Best practices.--In developing the best practices 
        described in paragraph (1), the Secretary--
                  (A) shall issue specific recommendations for setting 
                the threshold of a major service change, which shall 
                include, at a minimum, recommendations related to--
                          (i) changes in hours of operations, including 
                        consideration of changes during nonpeak hours;
                          (ii) changes in the frequency of service;
                          (iii) changes in coverage, including the 
                        opening and closing of stations and stops and 
                        the changing of routes; and
                          (iv) the use of route-specific analyses in 
                        addition to service-area level analyses;
                  (B) shall recommend specific percentage change 
                standards for the elements described in clauses (i), 
                (ii), and (iii) of subparagraph (A) to assist providers 
                of public transportation in setting the threshold for a 
                major service change in a manner that ensures 
                meaningful analyses and the provision of equitable 
                service; and
                  (C) may issue different best practices for providers 
                of public transportation of different sizes and service 
                types.
  (b) Transit Cooperative Research Program Report.--
          (1) Review.--Not later than 3 years after the issuance of the 
        best practices described in subsection (a), the Transit 
        Cooperative Research Program of the National Academy of 
        Sciences shall conduct a review of the manner in which 
        providers of public transportation define the threshold for a 
        major service change for purposes of compliance with Circular 
        4702.1B of the Federal Transit Administration, including--
                  (A) a survey of the standards used by providers of 
                public transportation to define the threshold for a 
                major service change;
                  (B) a review of the differences in standards used to 
                define the threshold for a major service change for 
                providers of public transportation of different sizes 
                and service types;
                  (C) information on the considerations used by 
                providers of public transportation when defining the 
                threshold for a major service change; and
                  (D) the extent to which providers of public 
                transportation are using the best practices described 
                in subsection (a).
          (2) Report.--After the completion of the review described in 
        paragraph (1), the National Academy of Sciences shall issue a 
        report on the findings of the review and submit such report to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate.

SEC. 2505. GAO STUDY ON FARE-FREE TRANSIT.

  (a) Study.--The Comptroller General of the United States shall 
conduct a study on the provision of fare-free transit service in the 
United States, including an assessment of--
          (1) the extent to which fare-free transit is available in the 
        United States; and
          (2) the potential impacts of fare-free transit, which may 
        include--
                  (A) increased transit ridership;
                  (B) improved access to transportation for low-income 
                riders and marginalized communities;
                  (C) improved access to jobs and services;
                  (D) enhanced equity of the surface transportation 
                system;
                  (E) reductions in disputes or law enforcement actions 
                related to transit fares;
                  (F) environmental impacts;
                  (G) safety considerations; and
                  (H) the challenges of replacing farebox revenue.
  (b) Report.--Not later than 1 year after the date of the enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Banking, Housing, and Urban Affairs of the Senate a 
report containing the results of the study conducted under subsection 
(a).

     Subtitle F--Supporting Frontline Workers and Passenger Safety

SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING CENTER.

  Section 5314(b) of title 49, United States Code, is amended--
          (1) by striking paragraph (2) and inserting the following:
          ``(2) National transit frontline workforce training center.--
                  ``(A) Establishment.--The Secretary shall establish a 
                national transit frontline workforce training center 
                (hereinafter referred to as the `Center') and enter 
                into a cooperative agreement with a nonprofit 
                organization with a demonstrated capacity to develop 
                and provide transit career pathway programs through 
                labor-management partnerships and registered 
                apprenticeships on a nationwide basis, in order to 
                carry out the duties under subparagraph (B). The Center 
                shall be dedicated to the needs of the frontline 
                transit workforce in both rural and urban transit 
                systems by providing training in the maintenance and 
                operations occupations based on industry best 
                practices.
                  ``(B) Duties.--
                          ``(i) In general.--In cooperation with the 
                        Administrator of the Federal Transit 
                        Administration, public transportation 
                        authorities, and national entities, the Center 
                        shall develop and conduct training and 
                        educational programs for frontline local 
                        transportation employees of recipients eligible 
                        for funds under this chapter.
                          ``(ii) Training and educational programs.--
                        The training and educational programs developed 
                        under clause (i) may include courses in recent 
                        developments, techniques, and procedures 
                        related to--
                                  ``(I) developing consensus national 
                                training standards, skills, 
                                competencies, and recognized 
                                postsecondary credentials in 
                                partnership with industry stakeholders 
                                for key frontline transit occupations 
                                with demonstrated skill gaps;
                                  ``(II) developing recommendations and 
                                best practices for curriculum and 
                                recognized postsecondary credentials, 
                                including related instruction and on-
                                the-job learning for registered 
                                apprenticeship programs for transit 
                                maintenance and operations occupations;
                                  ``(III) building local, regional, and 
                                statewide transit training partnerships 
                                to identify and address workforce skill 
                                gaps and develop skills, competencies, 
                                and recognized postsecondary 
                                credentials needed for delivering 
                                quality transit service and supporting 
                                employee career advancement;
                                  ``(IV) developing programs for 
                                training of transit frontline workers, 
                                instructors, mentors, and labor-
                                management partnership representatives, 
                                in the form of classroom, hands-on, on-
                                the-job, and web-based training, 
                                delivered at a national center, 
                                regionally, or at individual transit 
                                agencies;
                                  ``(V) developing training programs 
                                for skills and competencies related to 
                                existing and emerging transit 
                                technologies, including zero emission 
                                buses;
                                  ``(VI) developing improved capacity 
                                for safety, security, and emergency 
                                preparedness in local transit systems 
                                and in the industry as a whole 
                                through--
                                          ``(aa) developing the role of 
                                        the transit frontline workforce 
                                        in building and sustaining 
                                        safety culture and safety 
                                        systems in the industry and in 
                                        individual public 
                                        transportation systems; and
                                          ``(bb) training to address 
                                        transit frontline worker roles 
                                        in promoting health and safety 
                                        for transit workers and the 
                                        riding public;
                                  ``(VII) developing local transit 
                                capacity for career pathways programs 
                                with schools and other community 
                                organizations for recruiting and 
                                training under-represented populations 
                                as successful transit employees who can 
                                develop careers in the transit 
                                industry;
                                  ``(VIII) in collaboration with the 
                                Administrator of the Federal Transit 
                                Administration, the Bureau of Labor 
                                Statistics, the Employment and Training 
                                Adminstration, and organizations 
                                representing public transit agencies, 
                                conducting and disseminating research 
                                to--
                                          ``(aa) provide transit 
                                        workforce job projections and 
                                        identify training needs and 
                                        gaps;
                                          ``(bb) determine the most 
                                        cost-effective methods for 
                                        transit workforce training and 
                                        development, including return 
                                        on investment analysis;
                                          ``(cc) identify the most 
                                        effective methods for 
                                        implementing successful safety 
                                        systems and a positive safety 
                                        culture; and
                                          ``(dd) promote transit 
                                        workforce best practices for 
                                        achieving cost-effective, 
                                        quality, safe, and reliable 
                                        public transportation services; 
                                        and
                                  ``(IX) providing culturally competent 
                                training and educational programs to 
                                all who participate, regardless of 
                                gender, sexual orientation, or gender 
                                identity, including those with limited 
                                English proficiency, diverse cultural 
                                and ethnic backgrounds, and 
                                disabilities.
                  ``(C) Coordination.--The Secretary shall coordinate 
                activities under this section, to the maximum extent 
                practicable, with the Employment and Training 
                Administration, including the National Office of 
                Apprenticeship of the Department of Labor and the 
                Office of Career, Technical, and Adult Education of the 
                Department of Education.
                  ``(D) Availability of amounts.--
                          ``(i) In general.--Not more than 1 percent of 
                        amounts made available to a recipient under 
                        sections 5307, 5337, and 5339 and not more than 
                        2 percent of amounts made available to a 
                        recipient under section 5311 is available for 
                        expenditures by the recipient, with the 
                        approval of the Secretary, to pay not more than 
                        80 percent of the cost of eligible activities 
                        under this subsection.
                          ``(ii) Existing programs.--A recipient may 
                        use amounts made available under clause (i) to 
                        carry out existing local education and training 
                        programs for public transportation employees 
                        supported by the Secretary, the Department of 
                        Labor, or the Department of Education.
                          ``(iii) Limitation.--Any funds made available 
                        under this section that are used to fund an 
                        apprenticeship or apprenticeship program shall 
                        only be used for, or provided to, a registered 
                        apprenticeship program, including any funds 
                        awarded for the purposes of grants, contracts, 
                        or cooperative agreements, or the development, 
                        implementation, or administration, of an 
                        apprenticeship or an apprenticeship program.
                  ``(E) Definitions.--In this paragraph:
                          ``(i) Career pathway.--The term `career 
                        pathway' has the meaning given such term in 
                        section 3 of the Workforce Innovation and 
                        Opportunity Act (29 U.S.C. 3102).
                          ``(ii) Recognized postsecondary credential.--
                        The term `recognized postsecondary credential' 
                        has the meaning given such term in section 3 of 
                        the Workforce Innovation and Opportunity Act 
                        (29 U.S.C. 3102).
                          ``(iii) Registered apprenticeship program.--
                        The term `registered apprenticeship program' 
                        means an apprenticeship program registered with 
                        the Department of Labor or a Federally-
                        recognized State Apprenticeship Agency and that 
                        complies with the requirements under parts 29 
                        and 30 of title 29, Code of Federal 
                        Regulations, as in effect on January 1, 
                        2019.'';
          (2) in paragraph (3) by striking ``or (2)''; and
          (3) by striking paragraph (4).

SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.

  Section 5329 of title 49, United States Code, is amended--
          (1) in subsection (b)(2)(C)(ii)--
                  (A) in subclause (I) by striking ``and'' at the end;
                  (B) in subclause (II) by striking the semicolon and 
                inserting ``; and''; and
                  (C) by adding at the end the following:
                                  ``(III) innovations in driver 
                                assistance technologies and driver 
                                protection infrastructure where 
                                appropriate, and a reduction in 
                                visibility impairments that contribute 
                                to pedestrian fatalities;'';
          (2) in subsection (b)(2)--
                  (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (E) and (F), respectively; and
                  (B) by adding after subparagraph (C) the following:
                  ``(D) in consultation with the Secretary of the 
                Department of Health and Human Services, precautionary 
                and reactive actions required to ensure public and 
                personnel safety and health during an emergency as 
                defined in section 5324;''.
          (3) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A) by inserting ``the 
                        safety committee established under paragraph 
                        (4), and subsequently,'' before ``the board of 
                        directors'';
                          (ii) in subparagraph (C) by striking 
                        ``public, personnel, and property'' and 
                        inserting ``public and personnel to injuries, 
                        assaults, fatalities, and, consistent with 
                        guidelines by the Centers for Disease Control 
                        and Prevention, infectious diseases, and 
                        strategies to minimize the exposure of 
                        property'';
                          (iii) in subparagraph (F) by striking ``and'' 
                        at the end; and
                          (iv) by striking subparagraph (G) and 
                        inserting the following:
                  ``(G) a comprehensive staff training program for the 
                operations and maintenance personnel and personnel 
                directly responsible for safety of the recipient that 
                includes--
                          ``(i) the completion of a safety training 
                        program;
                          ``(ii) continuing safety education and 
                        training; and
                          ``(iii) de-escalation training;
                  ``(H) a requirement that the safety committee only 
                approve a safety plan under subparagraph (A) if such 
                plan stays within such recipient's fiscal budget; and
                  ``(I) a risk reduction program for transit operations 
                to improve safety by reducing the number and rates of 
                accidents, injuries, and assaults on transit workers 
                using data submitted to the National Transit Database, 
                including--
                          ``(i) a reduction of vehicular and pedestrian 
                        accidents involving buses that includes 
                        measures to reduce visibility impairments for 
                        bus operators that contribute to accidents, 
                        including retrofits to buses in revenue service 
                        and specifications for future procurements that 
                        reduce visibility impairments; and
                          ``(ii) transit worker assault mitigation, 
                        including the deployment of assault mitigation 
                        infrastructure and technology on buses, 
                        including barriers to restrict the unwanted 
                        entry of individuals and objects into bus 
                        operators' workstations when a recipient's risk 
                        analysis performed by the safety committee 
                        established in paragraph (4) determines that 
                        such barriers or other measures would reduce 
                        assaults on and injuries to transit workers.''; 
                        and
                  (B) by adding at the end the following:
          ``(4) Safety committee.--For purposes of the approval process 
        of an agency safety plan under paragraph (1), the safety 
        committee shall be convened by a joint labor-management process 
        and consist of an equal number of--
                  ``(A) frontline employee representatives, selected by 
                the labor organization representing the plurality of 
                the frontline workforce employed by the recipient or if 
                applicable a contractor to the recipient; and
                  ``(B) employer or State representatives.''; and
          (4) in subsection (e)(4)(A)(v) by inserting ``, inspection,'' 
        after ``has investigative''.

SEC. 2603. INNOVATION WORKFORCE STANDARDS.

  (a) Prohibition on Use of Funds.--No financial assistance under 
chapter 53 of title 49, United States Code, may be used for--
          (1) an automated vehicle providing public transportation 
        unless--
                  (A) the recipient of such assistance that proposes to 
                deploy an automated vehicle providing public 
                transportation certifies to the Secretary of 
                Transportation that the deployment does not eliminate 
                or reduce the frequency of existing public 
                transportation service; and
                  (B) the Secretary receives, approves, and publishes 
                the workforce development plan under subsection (b) 
                submitted by the eligible entity when required by 
                subsection (b)(1); and
          (2) a mobility on demand service unless--
                  (A) the recipient of such assistance that proposes to 
                deploy a mobility on demand service certifies to the 
                Secretary that the service meets the criteria under 
                section 5307, 5310, 5311, 5312, or 5316 of title 49, 
                United States Code; and
                  (B) the Secretary receives, approves, and publishes 
                the workforce development plan under subsection (b) 
                submitted by the eligible entity when required by 
                subsection (b)(1).
  (b) Workforce Development Plan.--
          (1) In general.--A recipient of financial assistance under 
        chapter 53 of title 49, United States Code, proposing to deploy 
        an automated vehicle providing public transportation or 
        mobility on demand service shall submit to the Secretary, prior 
        to implementation of such service, a workforce development plan 
        if such service, combined with any other automated vehicle 
        providing public transportation or mobility on demand service 
        offered by such recipient, would exceed more than 0.5 percent 
        of the recipient's total annual transit passenger miles 
        traveled.
          (2) Contents.--The workforce development plan under 
        subsection (a) shall include the following:
                  (A) A description of services offered by existing 
                conventional modes of public transportation in the area 
                served by the recipient that could be affected by the 
                proposed automated vehicle providing public 
                transportation or mobility on demand service, including 
                jobs and functions of such jobs.
                  (B) A forecast of the number of jobs provided by 
                existing conventional modes of public transportation 
                that would be eliminated or that would be substantially 
                changed and the number of jobs expected to be created 
                by the proposed automated vehicle providing public 
                transportation or mobility on demand service over a 5-
                year period from the date of the publication of the 
                workforce development plan.
                  (C) Identified gaps in skills needed to operate and 
                maintain the proposed automated vehicle providing 
                public transportation or mobility on demand service.
                  (D) A comprehensive plan to transition, train, or 
                retrain employees that could be affected by the 
                proposed automated vehicle providing public 
                transportation or mobility on demand service.
                  (E) An estimated budget to transition, train, or 
                retrain employees impacted by the proposed automated 
                vehicle providing public transportation or mobility on 
                demand service over a 5-year period from the date of 
                the publication of the workforce development plan.
  (c) Notice Required.--
          (1) In general.--A recipient of financial assistance under 
        chapter 53 of title 49, United States Code, shall issue a 
        notice to employees who, due to the use of an automated vehicle 
        providing public transportation or mobility on demand service, 
        may be subjected to a loss of employment or a change in 
        responsibilities not later than 60 days before signing a 
        contract for such service or procurement. A recipient shall 
        provide employees copies of a request for a proposal related to 
        an automated vehicle providing public transportation or 
        mobility on demand services at the time such request is issued.
          (2) Content.--The notice required in paragraph (1) shall 
        include the following:
                  (A) A description of the automated vehicle providing 
                public transportation or mobility on demand service.
                  (B) The impact of the automated vehicle providing 
                public transportation or mobility on demand service on 
                employment positions, including a description of which 
                employment positions will be affected and whether any 
                new positions will be created.
  (d) Definitions.--In this section:
          (1) Automated vehicle.--The term ``automated vehicle'' means 
        a motor vehicle that--
                  (A) is capable of performing the entire task of 
                driving (including steering, accelerating and 
                decelerating, and reacting to external stimulus) 
                without human intervention; and
                  (B) is designed to be operated exclusively by a Level 
                4 or Level 5 automated driving system for all trips 
                according to the recommended practice standards 
                published on June 15, 2018, by the Society of 
                Automotive Engineers International (J3016_201806) or 
                equivalent standards adopted by the Secretary with 
                respect to automated motor vehicles.
          (2) Mobility on demand.--The term ``mobility on demand'' has 
        the meaning given such term in section 5316 of title 49, United 
        States Code.
          (3) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302 of title 49, United States Code.
  (e) Savings Clause.--Nothing in this section shall prohibit the use 
of funds for an eligible activity or pilot project of a covered 
recipient authorized under current law prior to the date of enactment 
of this Act.

SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET ASIDES.

  Section 5329(d)(2) of title 49, United States Code, is amended to 
read as follows:
          ``(2) Safety committee performance measures.--
                  ``(A) In general.--The safety committee described in 
                paragraph (4) shall establish performance measures for 
                the risk reduction program in paragraph (1)(I) using a 
                3-year rolling average of the data submitted by the 
                recipient to the National Transit Database.
                  ``(B) Safety set aside.--With respect to a recipient 
                serving an urbanized area that receives funds under 
                section 5307, such recipient shall allocate not less 
                than 0.75 percent of such funds to projects eligible 
                under section 5307.
                  ``(C) Failure to meet performance measures.--Any 
                recipient that receives funds under section 5307 that 
                does not meet the performance measures established in 
                subparagraph (A) shall allocate the amount made 
                available in subparagraph (B) in the following fiscal 
                year to projects described in subparagraph (D).
                  ``(D) Eligible projects.--Funds set aside under this 
                paragraph shall be used for projects that are 
                reasonably likely to meet the performance measures 
                established in subparagraph (A), including 
                modifications to rolling stock and de-escalation 
                training.''.

SEC. 2605. U.S. EMPLOYMENT PLAN.

  (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 5341. U.S. Employment Plan

  ``(a) Definitions.--In this section:
          ``(1) Commitment to high-quality career and business 
        opportunities.--The term `commitment to high-quality career and 
        business opportunities' means participation in a registered 
        apprenticeship program.
          ``(2) Covered infrastructure program.--The term `covered 
        infrastructure program' means any activity under a program or 
        project under this chapter for the purchase or acquisition of 
        rolling stock.
          ``(3) U.S. employment plan.--The term `U.S. Employment Plan' 
        means a plan under which an entity receiving Federal assistance 
        for a project under a covered infrastructure program shall--
                  ``(A) include in a request for proposal an 
                encouragement for bidders to include, with respect to 
                the project--
                          ``(i) high-quality wage, benefit, and 
                        training commitments by the bidder and the 
                        supply chain of the bidder for the project; and
                          ``(ii) a commitment to recruit and hire 
                        individuals described in subsection (e) if the 
                        project results in the hiring of employees not 
                        currently or previously employed by the bidder 
                        and the supply chain of the bidder for the 
                        project;
                  ``(B) give preference for the award of the contract 
                to a bidder that includes the commitments described in 
                clauses (i) and (ii) of subparagraph (A); and
                  ``(C) ensure that each bidder that includes the 
                commitments described in clauses (i) and (ii) of 
                subparagraph (A) that is awarded a contract complies 
                with those commitments.
          ``(4) Registered apprenticeship program.--The term 
        `registered apprenticeship program' means an apprenticeship 
        program registered under the Act of August 16, 1937 (commonly 
        known as the `National Apprenticeship Act'; 50 Stat. 664, 
        chapter 663; 29 U.S.C. 50 et seq.), including any requirement, 
        standard, or rule promulgated under such Act, as such 
        requirement, standard, or rule was in effect on December 30, 
        2019.
  ``(b) Best-Value Framework.--To the maximum extent practicable, a 
recipient of assistance under a covered infrastructure program is 
encouraged--
          ``(1) to ensure that each dollar invested in infrastructure 
        uses a best-value contracting framework to maximize the local 
        value of federally funded contracts by evaluating bids on price 
        and other technical criteria prioritized in the bid, such as--
                  ``(A) equity;
                  ``(B) environmental and climate justice;
                  ``(C) impact on greenhouse gas emissions;
                  ``(D) resilience;
                  ``(E) the results of a 40-year life-cycle analysis;
                  ``(F) safety;
                  ``(G) commitment to creating or sustaining high-
                quality job opportunities affiliated with registered 
                apprenticeship programs (as defined in subsection 
                (a)(3)) for disadvantaged or underrepresented 
                individuals in infrastructure industries in the United 
                States; and
                  ``(H) access to jobs and essential services by all 
                modes of travel for all users, including individuals 
                with disabilities; and
          ``(2) to ensure community engagement, transparency, and 
        accountability in carrying out each stage of the project.
  ``(c) Preference for Registered Apprenticeship Programs.--To the 
maximum extent practicable, a recipient of assistance under a covered 
infrastructure program, with respect to the project for which the 
assistance is received, shall give preference to a bidder that 
demonstrates a commitment to high-quality job opportunities affiliated 
with registered apprenticeship programs.
  ``(d) Use of U.S. Employment Plan.--Notwithstanding any other 
provision of law, in carrying out a project under a covered 
infrastructure program that receives assistance under this chapter, the 
recipient shall use a U.S. Employment Plan for each contract of 
$10,000,000 or more for the purchase of manufactured goods or of 
services, based on an independent cost estimate.
  ``(e) Priority.--The Secretary shall ensure that the entity carrying 
out a project under the covered infrastructure program gives priority 
to--
          ``(1) individuals with a barrier to employment (as defined in 
        section 3 of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3102)), including ex-offenders and disabled individuals;
          ``(2) veterans; and
          ``(3) individuals that represent populations that are 
        traditionally underrepresented in the infrastructure workforce, 
        such as women and racial and ethnic minorities.
  ``(f) Report.--Not less frequently than once each fiscal year, the 
Secretary shall jointly submit to Congress a report describing the 
implementation of this section.
  ``(g) Intent of Congress.--
          ``(1) In general.--It is the intent of Congress--
                  ``(A) to encourage recipients of Federal assistance 
                under covered infrastructure programs to use a best-
                value contracting framework described in subsection (b) 
                for the purchase of goods and services;
                  ``(B) to encourage recipients of Federal assistance 
                under covered infrastructure programs to use 
                preferences for registered apprenticeship programs as 
                described in subsection (c) when evaluating bids for 
                projects using that assistance;
                  ``(C) to require that recipients of Federal 
                assistance under covered infrastructure programs use 
                the U.S. Employment Plan in carrying out the project 
                for which the assistance was provided; and
                  ``(D) that full and open competition under covered 
                infrastructure programs means a procedural competition 
                that prevents corruption, favoritism, and unfair 
                treatment by recipient agencies.
          ``(2) Inclusion.--A best-value contracting framework 
        described in subsection (b) is a framework that authorizes a 
        recipient of Federal assistance under a covered infrastructure 
        program, in awarding contracts, to evaluate a range of factors, 
        including price, the quality of products, the quality of 
        services, and commitments to the creation of good jobs for all 
        people in the United States.''.
  (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by adding at the end the following:

``5341. U.S. Employment Plan.''.

SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.

  Section 5314(a) of title 49, United States Code, is amended--
          (1) in paragraph (2) by inserting after subparagraph (H) (as 
        added by section 2104 of this Act) the following:
                  ``(I) provide innovation and capacity-building to 
                rural and tribal public transportation recipients that 
                do not duplicate the activities of sections 5311(b) or 
                5312; and''; 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(a)(2)(G)(i), 
        $1,500,000 shall be available to carry out activities described 
        in paragraph (2)(I).''.

SEC. 2607. RESILIENT PUBLIC TRANSPORTATION STUDY.

  (a) Study.--The Secretary of Transportation shall conduct a study on 
resilience planning and innovative resilience strategies for public 
transportation and shared mobility.
  (b) Contents.--In carrying out the study under subsection (a), the 
Secretary shall assess--
          (1) best practices for making public transportation more 
        resilient to external shocks, such as pandemics and natural 
        hazards; and
          (2) new materials and technologies that may improve the 
        resilience of public transportation and shared mobility, 
        including innovative transit vehicles, emerging electric 
        vehicle chassis platforms, and smart air quality control 
        systems.
  (c) Partnerships.--In carrying out the study under subsection (a), 
the Secretary shall consult with institutions of higher education, as 
such term is defined in section 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001), academic experts, and nonprofit organizations with 
expertise in engineering, travel behavior, artificial intelligence, 
policy analysis, planning, public healthy and safety, and social and 
racial equity.
  (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report containing 
the results of the study conducted under subsection (a).

               Subtitle G--Transit-Supportive Communities

SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.

  (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5327 the following:

``Sec. 5328. Transit-supportive communities

  ``(a) Establishment.--The Secretary shall establish within the 
Federal Transit Administration, an Office of Transit-Supportive 
Communities to make grants, provide technical assistance, and assist in 
the coordination of transit and housing policies within the Federal 
Transit Administration, the Department of Transportation, and across 
the Federal Government.
  ``(b) Transit Oriented Development Planning Grant Program.--
          ``(1) Definition.--In this subsection the term `eligible 
        project' means--
                  ``(A) a new fixed guideway capital project or a core 
                capacity improvement project as defined in section 
                5309;
                  ``(B) an existing fixed guideway system, or an 
                existing station that is served by a fixed guideway 
                system; or
                  ``(C) the immediate corridor along the highest 25 
                percent of routes by ridership as demonstrated in 
                section 5336(b)(2)(B).
          ``(2) General authority.--The Secretary may make grants under 
        this subsection to a State, local governmental authority, or 
        metropolitan planning organization to assist in financing 
        comprehensive planning associated with an eligible project that 
        seeks to--
                  ``(A) enhance economic development, ridership, 
                equity, reduction of greenhouse gas emissions, or other 
                goals established during the project development and 
                engineering processes or the grant application;
                  ``(B) facilitate multimodal connectivity and 
                accessibility;
                  ``(C) increase access to transit hubs for pedestrian 
                and bicycle traffic;
                  ``(D) enable mixed-use development;
                  ``(E) identify infrastructure needs associated with 
                the eligible project; and
                  ``(F) include private sector participation.
          ``(3) Eligibility.--A State, local governmental authority, or 
        metropolitan planning organization that desires to participate 
        in the program under this subsection shall submit to the 
        Secretary an application that contains at a minimum--
                  ``(A) an identification of an eligible project;
                  ``(B) a schedule and process for the development of a 
                comprehensive plan;
                  ``(C) a description of how the eligible project and 
                the proposed comprehensive plan advance the 
                metropolitan transportation plan of the metropolitan 
                planning organization;
                  ``(D) proposed performance criteria for the 
                development and implementation of the comprehensive 
                plan;
                  ``(E) a description of how the project will advance 
                equity and reduce and mitigate social and economic 
                impacts on existing residents and businesses and 
                communities historically excluded from economic 
                opportunities vulnerable to displacement; and
                  ``(F) identification of--
                          ``(i) partners;
                          ``(ii) availability of and authority for 
                        funding; and
                          ``(iii) potential State, local or other 
                        impediments to the implementation of the 
                        comprehensive plan.
          ``(4) Cost share.--A grant under this subsection shall not 
        exceed an amount in excess of 80 percent of total project 
        costs, except that a grant that includes an affordable housing 
        component shall not exceed an amount in excess of 90 percent of 
        total project costs.
  ``(c) Technical Assistance.--The Secretary shall provide technical 
assistance to States, local governmental authorities, and metropolitan 
planning organizations in the planning and development of transit-
oriented development projects and transit-supportive corridor policies, 
including--
          ``(1) the siting, planning, financing, and integration of 
        transit-oriented development projects;
          ``(2) the integration of transit-oriented development and 
        transit-supportive corridor policies in the preparation for and 
        development of an application for funding under section 602 of 
        title 23;
          ``(3) the siting, planning, financing, and integration of 
        transit-oriented development and transit-supportive corridor 
        policies associated with projects under section 5309;
          ``(4) the development of housing feasibility assessments as 
        allowed under section 5309(g)(3)(B);
          ``(5) the development of transit-supportive corridor policies 
        that promote transit ridership and transit-oriented 
        development;
          ``(6) the development, implementation, and management of land 
        value capture programs; and
          ``(7) the development of model contracts, model codes, and 
        best practices for the implementation of transit-oriented 
        development projects and transit-supportive corridor policies.
  ``(d) Value Capture Policy Requirements.--
          ``(1) Value capture policy.--Not later than October 1 of the 
        fiscal year that begins 2 years after the date of enactment of 
        this section, the Secretary, in collaboration with State 
        departments of transportation, metropolitan planning 
        organizations, and regional council of governments, shall 
        establish voluntary and consensus-based value capture 
        standards, policies, and best practices for State and local 
        value capture mechanisms that promote greater investments in 
        public transportation and affordable transit-oriented 
        development.
          ``(2) Report.--Not later than 15 months after the date of 
        enactment of this section, the Secretary shall make available 
        to the public a report cataloging examples of State and local 
        laws and policies that provide for value capture and value 
        sharing that promote greater investment in public 
        transportation and affordable transit-oriented development.
  ``(e) Equity.--In providing technical assistance under subsection 
(c), the Secretary shall incorporate strategies to promote equity for 
underrepresented and underserved communities, including--
          ``(1) preventing displacement of existing residents and 
        businesses;
          ``(2) mitigating rent and housing price increases;
          ``(3) incorporating affordable rental and ownership housing 
        in transit-oriented development;
          ``(4) engaging under-served, limited English proficiency, 
        low-income, and minority communities in the planning process;
          ``(5) fostering economic development opportunities for 
        existing residents and businesses; and
          ``(6) targeting affordable housing that help lessen 
        homelessness.
  ``(f) Authority To Request Staffing Assistance.--In fulfilling the 
duties of this section, the Secretary shall, as needed, request 
staffing and technical assistance from other Federal agencies, 
programs, administrations, boards, or commissions.
  ``(g) Review Existing Policies and Programs.--Not later than 24 
months after the date of enactment of this section, the Secretary shall 
review and evaluate all existing policies and programs within the 
Federal Transit Administration that support or promote transit-oriented 
development to ensure their coordination and effectiveness relative to 
the goals of this section.
  ``(h) Reporting.--Not later than February 1 of each year beginning 
the year after the date of enactment of this section, the Secretary 
shall prepare a report detailing the grants and technical assistance 
provided under this section, the number of affordable housing units 
constructed or planned as a result of projects funded in this section, 
and the number of affordable housing units constructed or planned as a 
result of a property transfer under section 5334(h)(1). The report 
shall be provided to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate.
  ``(i) Savings Clause.--Nothing in this section authorizes the 
Secretary to provide any financial assistance for the construction of 
housing.
  ``(j) Priority for Low-Income Areas.--In awarding grants under this 
section, the Secretary shall give priority to projects under this 
section that expand or build transit in low-income areas or that 
provide access to public transportation to low-income areas that do not 
have access to public transportation.''.
  (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5327 the following:

``5328. Transit-supportive communities.''.

  (c) Technical and Conforming Amendment.--Section 20005 of the MAP-21 
(Public Law 112-141) is amended--
          (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;
                                  ``(II) the overall benefit of 
                                allowing the transfer is greater than 
                                the interest of the Government in 
                                liquidation and return of the financial 
                                interest of the Government in the 
                                asset, after considering fair market 
                                value and other factors; and
                                  ``(III) the third party has 
                                demonstrated a satisfactory history of 
                                construction or operating an affordable 
                                housing development.''.

SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL INVESTMENT GRANTS.

  Section 5309 of title 49, United States Code, is further amended--
          (1) in subsection (g)--
                  (A) in paragraph (2)(B)--
                          (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                          (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(iii) in the case of a new fixed guideway 
                        capital project or a core capacity improvement 
                        project, allow a weighting 5 percentage points 
                        greater to the economic development criterion 
                        and 5 percentage points lesser to the lowest 
                        scoring criterion if the applicant demonstrates 
                        substantial efforts to preserve or encourage 
                        affordable housing near the project by 
                        providing documentation of policies that allow 
                        by-right multi-family housing, single room 
                        occupancy units, or accessory dwelling units, 
                        providing local capital sources for transit-
                        oriented development, or demonstrate other 
                        methods as determined by the Secretary.''; and
                  (B) in paragraph (3) by adding at the end the 
                following:
                  ``(B) establish a warrant that applies to the 
                economic development project justification criteria, 
                provided that the applicant that requests a warrant 
                under this process has completed and submitted a 
                housing feasibility assessment.''; and
          (2) in subsection (l)(4) by adding at the end the following:
                  ``(E) from grant proceeds distributed under section 
                103 of the Housing and Community Development Act of 
                1974 (42 U.S.C. 5303) or section 201 of the Public 
                Works and Economic Development Act of 1965 (42 U.S.C. 
                3141) provided that--
                          ``(i) such funds are used in conjunction with 
                        the planning or development of affordable 
                        housing; and
                          ``(ii) such affordable housing is located 
                        within one-half of a mile of a new station.''.

                         Subtitle H--Innovation

SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM.

  Section 5312(d) of title 49, United States Code, is amended by adding 
at the end the following:
          ``(3) Mobility innovation sandbox program.--The Secretary may 
        make funding available under this subsection to carry out 
        research on mobility on demand and mobility as a service 
        activities eligible under section 5316.''.

SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.

  Section 5312(d) of title 49, United States Code, is further amended 
by adding at the end the following:
          ``(4) Transit bus operator compartment redesign program.--
                  ``(A) In general.--The Secretary may make funding 
                available under this subsection to carry out research 
                on redesigning transit bus operator compartments to 
                improve safety, operational efficiency, and passenger 
                accessibility.
                  ``(B) Objectives.--Research objectives under this 
                paragraph shall include--
                          ``(i) increasing bus operator safety from 
                        assaults;
                          ``(ii) optimizing operator visibility and 
                        reducing operator distractions to improve 
                        safety of bus passengers, pedestrians, 
                        bicyclists, and other roadway users;
                          ``(iii) expanding passenger accessibility for 
                        positive interactions between operators and 
                        passengers, including assisting passengers in 
                        need of special assistance;
                          ``(iv) accommodating passenger boarding, 
                        alighting, and securement consistent with the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12101 et seq.); and
                          ``(v) improving ergonomics to reduce bus 
                        operator work-related health issues and 
                        injuries, as well as locate key instrument and 
                        control interfaces to improve operational 
                        efficiency and convenience.
                  ``(C) Activities.--Eligible activities under this 
                paragraph shall include--
                          ``(i) measures to reduce visibility 
                        impairments and distractions for bus operators 
                        that contribute to accidents, including 
                        retrofits to buses in revenue service and 
                        specifications for future procurements that 
                        reduce visibility impairments and distractions;
                          ``(ii) the deployment of assault mitigation 
                        infrastructure and technology on buses, 
                        including barriers to restrict the unwanted 
                        entry of individuals and objects into bus 
                        operators' workstations;
                          ``(iii) technologies to improve passenger 
                        accessibility, including boarding, alighting, 
                        and securement consistent with the Americans 
                        with Disabilities Act of 1990 (42 U.S.C. 12101 
                        et seq.);
                          ``(iv) installation of seating and 
                        modification to design specifications of bus 
                        operator workstations that reduce or prevent 
                        injuries from ergonomic risks; or
                          ``(v) other measures that align with the 
                        objectives under subparagraph (B).
                  ``(D) Eligible entities.--Entities eligible to 
                receive funding under this paragraph shall include 
                consortia consisting of, at a minimum:
                          ``(i) recipients of funds under this chapter 
                        that provide public transportation services;
                          ``(ii) transit vehicle manufacturers;
                          ``(iii) representatives from organizations 
                        engaged in collective bargaining on behalf of 
                        transit workers in not fewer than three States; 
                        and
                          ``(iv) any nonprofit institution of higher 
                        education, as defined in section 101 of the 
                        Higher Education Act of 1965 (20 U.S.C. 
                        1001).''.

SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY COUNTS INITIATIVE.

  Section 5312 of title 49, United States Code, as amended by section 
2503, is further amended by adding at the end the following:
  ``(k) Every Day Counts Initiative.--
          ``(1) In general.--It is in the national interest for the 
        Department of Transportation and recipients of Federal public 
        transportation funds--
                  ``(A) to identify, accelerate, and deploy innovation 
                aimed at expediting project delivery, enhancing the 
                safety of transit systems of the United States, and 
                protecting the environment;
                  ``(B) to ensure that the planning, design, 
                engineering, construction, and financing of 
                transportation projects is done in an efficient and 
                effective manner;
                  ``(C) to promote the rapid deployment of proven 
                solutions that provide greater accountability for 
                public investments; and
                  ``(D) to create a culture of innovation within the 
                transit community.
          ``(2) FTA every day counts initiative.--To advance the 
        policies described in paragraph (1), the Administrator of the 
        Federal Transit Administration shall adopt the Every Day Counts 
        initiative to work with recipients to identify and deploy the 
        proven innovation practices and products that--
                  ``(A) accelerate innovation deployment;
                  ``(B) expedite the project delivery process;
                  ``(C) improve environmental sustainability;
                  ``(D) enhance transit safety;
                  ``(E) expand mobility; and
                  ``(F) reduce greenhouse gas emissions.
          ``(3) Consideration.--In accordance with the Every Day Counts 
        goals described in paragraphs (1) and (2), the Administrator 
        shall consider research conducted through the university 
        transportation centers program in section 5505.
          ``(4) Innovation deployment.--
                  ``(A) In general.--At least every 2 years, the 
                Administrator shall work collaboratively with 
                recipients to identify a new collection of innovations, 
                best practices, and data to be deployed to recipients 
                through case studies, webinars, and demonstration 
                projects.
                  ``(B) Requirements.--In identifying a collection 
                described in subparagraph (A), the Secretary shall take 
                into account market readiness, impacts, benefits, and 
                ease of adoption of the innovation or practice.
          ``(5) Publication.--Each collection identified under 
        paragraph (4) shall be published by the Administrator on a 
        publicly available website.
          ``(6) Rule of construction.--Nothing in this subsection may 
        be construed to allow the Secretary to waive any requirement 
        under any other provision of Federal law.''.

SEC. 2804. TECHNICAL CORRECTIONS.

  Section 5312 of title 49, United States Code, as amended in section 
2503 and 2803, is further amended--
          (1) in subsection (e)--
                  (A) in paragraph (3)(C) by striking ``low or no 
                emission vehicles, zero emission vehicles,'' and 
                inserting ``zero emission vehicles''; and
                  (B) by striking paragraph (6) and inserting the 
                following:
          ``(6) Zero emission vehicle defined.--In this subsection, the 
        term `zero emission vehicle' means a passenger vehicle used to 
        provide public transportation that produces no carbon or 
        particulate matter.'';
          (2) by redesignating the first subsection (g) as subsection 
        (f); and
          (3) in subsection (h)--
                  (A) in the header by striking ``Low or No Emission'' 
                and inserting ``Zero Emission'';
                  (B) in paragraph (1)--
                          (i) by striking subparagraph (B) and 
                        inserting the following:
                  ``(B) the term `zero emission vehicle' has the 
                meaning given such term in subsection (e)(6);''; and
                          (ii) in subparagraph (D) by striking ``low or 
                        no emission vehicle'' and inserting ``zero 
                        emission vehicle'' each place such term 
                        appears;
                  (C) in paragraph (2)--
                          (i) in the heading by striking ``low or no 
                        emission'' and inserting ``zero emission''; and
                          (ii) by striking ``low or no emission'' and 
                        inserting ``zero emission'' each place such 
                        term appears;
                  (D) in paragraph (3) by striking ``low or no 
                emission'' and inserting ``zero emission'' each place 
                such term appears (including in the heading); and
                  (E) in paragraph (5)(A) by striking ``low or no 
                emission'' and inserting ``zero emission''.

SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT BUS DEVELOPMENT 
                    PROGRAM.

  (a) Establishment.--The Secretary of Transportation shall establish a 
national advanced technology transit bus development program to 
facilitate the development and testing of commercially viable advanced 
technology transit buses that do not exceed a Level 3 automated driving 
system and related infrastructure.
  (b) Authorization.--There shall be available $20,000,000 for each of 
fiscal years 2022 through 2026.
  (c) Grants.--The Secretary may enter into grants, contracts, and 
cooperative agreements with no more than three geographically diverse 
nonprofit organizations and recipients under chapter 53 of title 49, 
United States Code, to facilitate the development and testing of 
commercially viable advance technology transit buses and related 
infrastructure.
  (d) Considerations.--
          (1) In general.--The Secretary shall consider the 
        applicant's--
                  (A) ability to contribute significantly to furthering 
                advanced technologies as it relates to transit bus 
                operations, including advanced driver assistance 
                systems, automatic emergency braking, accessibility, 
                and energy efficiency;
                  (B) financing plan and cost share potential;
                  (C) technical experience developing or testing 
                advanced technologies in transit buses;
                  (D) commitment to frontline worker involvement; and
                  (E) other criteria that the Secretary determines are 
                necessary to carry out the program.
          (2) Rule of construction.--Nothing in this subsection may be 
        construed to allow the Secretary to waive any requirement under 
        any other provision of Federal law.
  (e) Competitive Grant Selection.--The Secretary shall conduct a 
national solicitation for applications for grants under the program. 
Grant recipients shall be selected on a competitive basis. The 
Secretary shall give priority consideration to applicants that have 
successfully managed advanced transportation technology projects, 
including projects related to public transportation operations for a 
period of not less than 5 years.
  (f) Consortia.--As a condition of receiving an award in (c), the 
Secretary shall ensure--
          (1) that the selected non-profit recipients subsequently 
        establish a consortia for each proposal submitted, including 
        representatives from a labor union, transit agency, an FTA-
        designated university bus and component testing center, a Buy 
        America compliant transit bus manufacturer, and others as 
        determined by the Secretary;
          (2) that no proposal selected would decrease workplace or 
        passenger safety; and
          (3) that no proposal selected would undermine the creation of 
        high-quality jobs or workforce support and development 
        programs.
  (g) Federal Share.--The Federal share of costs of the program shall 
be provided from funds made available to carry out this section. The 
Federal share of the cost of a project carried out under the program 
shall not exceed 80 percent of such cost.

SEC. 2806. PUBLIC TRANSPORTATION INNOVATION.

  Section 5312(h)(2) of title 49, United States Code, is amended by 
striking subparagraph (G).

SEC. 2807. TRANSIT VEHICLE BATTERY RECYCLING AND REUSE.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall issue regulations that, 
notwithstanding any other provision of law, allow recipients of funds 
under chapter 53 of title 49, United States Code, at the option of the 
recipient, to repurpose, recycle, reuse, sell, or lease transit vehicle 
batteries that are beyond the useful service life of such batteries for 
the purpose of transit vehicle propulsion and component parts of such 
batteries.
  (b) Considerations.--In issuing regulations under subsection (a), the 
Secretary shall prioritize second life applications that--
          (1) maximize the full use of transit vehicle batteries beyond 
        the useful life of such batteries for transit vehicle 
        propulsion and component parts of such batteries;
          (2) enhance the reuse and recycling of transit vehicle 
        batteries, components, and component critical minerals of such 
        batteries;
          (3) reduce costs for recipients;
          (4) create new streams of revenue for recipients;
          (5) support the provision of zero emission public 
        transportation service, which may include the use of wayside 
        charging; and
          (6) enhance the resilience of public transportation and the 
        electric vehicle supply equipment network, which may include 
        the use of batteries for energy storage.
  (c) Second Life Applications Defined.--In this section, the term 
``second life applications'' means the repurposing, recycling, reuse, 
sale, or leasing of a transit vehicle battery that is beyond the useful 
service life for the purpose of transit vehicle propulsion and 
component parts of such battery, but that retains utility for other 
applications.

               Subtitle I--Other Program Reauthorizations

SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE 
                    PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT 
                    AUTHORITY.

  Section 601 of the Passenger Rail Investment and Improvement Act of 
2008 (Public Law 110-432) is amended--
          (1) in subsection (b) by striking ``The Federal'' and 
        inserting ``Except as provided in subsection (e)(2), the 
        Federal'';
          (2) by striking subsections (d) through (f) and inserting the 
        following:
  ``(d) Required Board Approval.--No amounts may be provided to the 
Transit Authority under this section until the Transit Authority 
certifies to the Secretary of Transportation that--
          ``(1) a board resolution has passed on or before July 1, 
        2022, and is in effect for the period of July 1, 2022 through 
        June 30, 2031, that--
                  ``(A) establishes an independent budget authority for 
                the Office of Inspector General of the Transit 
                Authority;
                  ``(B) establishes an independent procurement 
                authority for the Office of Inspector General of the 
                Transit Authority;
                  ``(C) establishes an independent hiring authority for 
                the Office of Inspector General of the Transit 
                Authority;
                  ``(D) ensures the Inspector General of the Transit 
                Authority can obtain legal advice from a counsel 
                reporting directly to the Inspector General;
                  ``(E) requires the Inspector General of the Transit 
                Authority to submit recommendations for corrective 
                action to the General Manager and the Board of 
                Directors of the Transit Authority;
                  ``(F) requires the Inspector General of the Transit 
                Authority to publish any recommendation described in 
                subparagraph (E) on the website of the Office of 
                Inspector General of the Transit Authority, except that 
                the Inspector General may redact personally 
                identifiable information and information that, in the 
                determination of the Inspector General, would pose a 
                security risk to the systems of the Transit Authority;
                  ``(G) requires the Board of Directors of the Transit 
                Authority to provide written notice to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Banking, Housing, 
                and Urban Affairs of the Senate not less than 30 days 
                before the Board of Directors removes the Inspector 
                General of the Transit Authority, which shall include 
                the reasons for removal and supporting documentation; 
                and
                  ``(H) prohibits the Board of Directors from removing 
                the Inspector General of the Transit Authority unless 
                the Board of Directors has provided a 30 day written 
                notification as described in subparagraph (G) that 
                documents--
                          ``(i) a permanent incapacity;
                          ``(ii) a neglect of duty;
                          ``(iii) malfeasance;
                          ``(iv) a conviction of a felony or conduct 
                        involving moral turpitude;
                          ``(v) a knowing violation of a law or 
                        regulation;
                          ``(vi) gross mismanagement;
                          ``(vii) a gross waste of funds;
                          ``(viii) an abuse of authority; or
                          ``(ix) inefficiency; and
          ``(2) the Code of Ethics for Members of the WMATA Board of 
        Directors passed on September 26, 2019, remains in effect, or 
        the Inspector General of the Transit Authority has consulted 
        with any modifications to the Code of Ethics by the Board.
  ``(e) Authorizations.--
          ``(1) In general.--There are authorized to be appropriated to 
        the Secretary of Transportation for grants under this section--
                  ``(A) for fiscal year 2022, $150,000,000;
                  ``(B) for fiscal year 2023, $155,000,000;
                  ``(C) for fiscal year 2024, $160,000,000;
                  ``(D) for fiscal year 2025, $165,000,000;
                  ``(E) for fiscal year 2026, $170,000,000;
                  ``(F) for fiscal year 2027, $175,000,000;
                  ``(G) for fiscal year 2028, $180,000,000;
                  ``(H) for fiscal year 2029, $185,000,000;
                  ``(I) for fiscal year 2030, $190,000,000; and
                  ``(J) for fiscal year 2031, $200,000,000.
          ``(2) Set aside for office of inspector general of transit 
        authority.--From the amounts in paragraph (1), the Transit 
        Authority shall provide at least 7 percent for each fiscal year 
        to the Office of Inspector General of the Transit Authority to 
        carry out independent and objective audits, investigations, and 
        reviews of Transit Authority programs and operations to promote 
        economy, efficiency, and effectiveness, and to prevent and 
        detect fraud, waste, and abuse in such programs and 
        operations.''; and
          (3) by redesignating subsection (g) as subsection (f).

SEC. 2902. OTHER APPORTIONMENTS.

  Section 5336 of title 49, United States Code, is amended--
          (1) in subsection (h)--
                  (A) in the matter preceding paragraph (1) by striking 
                ``section 5338(a)(2)(C)'' and inserting ``section 
                5338(a)(2)(B)'';
                  (B) by amending paragraph (1) to read as follows:
          ``(1) to carry out section 5307(h)--
                  ``(A) $60,906,000 shall be set aside in fiscal year 
                2023;
                  ``(B) $61,856,134 shall be set aside in fiscal year 
                2024;
                  ``(C) $62,845,832 shall be set aside in fiscal year 
                2025; and
                  ``(D) $63,832,511 shall be set aside in fiscal year 
                2026;'';
                  (C) in paragraph (2) by striking ``3.07 percent'' and 
                inserting ``6 percent''; and
                  (D) by amending paragraph (3) to read as follows:
          ``(3) of amounts not apportioned under paragraphs (1) and 
        (2), 3 percent shall be apportioned to urbanized areas with 
        populations of less than 200,000 in accordance with subsection 
        (i);''; and
          (2) in subsection (i) by adding at the end the following:
          ``(3) Census phase-out.--Before apportioning funds under 
        subsection (h)(3), for any urbanized area that is no longer an 
        eligible area due to a change in population in the most recent 
        decennial census, the Secretary shall apportion to such 
        urbanized area, for 3 fiscal years, an amount equal to half of 
        the funds apportioned to such urbanized area pursuant to this 
        subsection for the previous fiscal year.''.

                        Subtitle J--Streamlining

SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

  Section 5309 of title 49, United States Code, as amended by section 
2703 of this Act, is further amended--
          (1) in subsection (a)--
                  (A) in paragraph (7)--
                          (i) in subparagraph (A) by striking 
                        ``$100,000,000'' and inserting 
                        ``$320,000,000''; and
                          (ii) in subparagraph (B) by striking 
                        ``$300,000,000'' and inserting 
                        ``$400,000,000'';
                  (B) by striking paragraph (6); and
                  (C) by redesignating paragraph (7), as so amended, as 
                paragraph (6);
          (2) in subsection (b)(2) by inserting ``expanding station 
        capacity,'' after ``construction of infill stations,'';
          (3) in subsection (d)(1)--
                  (A) in subparagraph (C)(i) by striking ``2 years'' 
                and inserting ``3 years''; and
                  (B) by adding at the end the following:
                  ``(D) Optional project development activities.--An 
                applicant may perform cost and schedule risk 
                assessments with technical assistance provided by the 
                Secretary.
                  ``(E) Statutory construction.--Nothing in this 
                section shall be construed as authorizing the Secretary 
                to require cost and schedule risk assessments in the 
                project development phase.'';
          (4) in subsection (e)(1)--
                  (A) in subparagraph (C)(i) by striking ``2 years'' 
                and inserting ``3 years''; and
                  (B) by adding at the end the following:
                  ``(D) Optional project development activities.--An 
                applicant may perform cost and schedule risk 
                assessments with technical assistance provided by the 
                Secretary.
                  ``(E) Statutory construction.--Nothing in this 
                section shall be construed as authorizing the Secretary 
                to require cost and schedule risk assessments in the 
                project development phase.'';
          (5) in subsection (e)(2)(A)(iii)(II) by striking ``5 years'' 
        and inserting ``10 years'';
          (6) in subsection (f)--
                  (A) in paragraph (1) by striking ``subsection 
                (d)(2)(A)(v)'' and inserting ``subsection 
                (d)(2)(A)(iv)'';
                  (B) in paragraph (2)--
                          (i) by striking ``subsection (d)(2)(A)(v)'' 
                        and inserting ``subsection (d)(2)(A)(iv)'';
                          (ii) in subparagraph (D) by adding ``and'' at 
                        the end;
                          (iii) by striking subparagraph (E); and
                          (iv) by redesignating subparagraph (F) as 
                        subparagraph (E); and
                  (C) by adding at the end the following:
          ``(4) Cost-share incentives.--For a project for which a lower 
        CIG cost share is elected by the applicant under subsection 
        (l)(1)(C), the Secretary shall apply the following requirements 
        and considerations in lieu of paragraphs (1) and (2):
                  ``(A) Requirements.--In determining whether a project 
                is supported by local financial commitment and shows 
                evidence of stable and dependable financing sources for 
                purposes of subsection (d)(2)(A)(iv) or (e)(2)(A)(v), 
                the Secretary shall require that--
                          ``(i) the proposed project plan provides for 
                        the availability of contingency amounts that 
                        the applicant determines to be reasonable to 
                        cover unanticipated cost increases or funding 
                        shortfalls;
                          ``(ii) each proposed local source of capital 
                        and operating financing is stable, reliable, 
                        and available within the proposed project 
                        timetable; and
                          ``(iii) an applicant certifies that local 
                        resources are available to recapitalize, 
                        maintain, and operate the overall existing and 
                        proposed public transportation system, 
                        including essential feeder bus and other 
                        services necessary to achieve the projected 
                        ridership levels without requiring a reduction 
                        in existing public transportation services or 
                        level of service to operate the project, or 
                        that the annual operating cost of the proposed 
                        project does not exceed 5 percent of the annual 
                        cost to operate and maintain the overall public 
                        transportation system of the applicant.
                  ``(B) Considerations.--In assessing the stability, 
                reliability, and availability of proposed sources of 
                local financing for purposes of subsection 
                (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall 
                consider--
                          ``(i) the reliability of the forecasting 
                        methods used to estimate costs and revenues 
                        made by the recipient and the contractors to 
                        the recipient;
                          ``(ii) existing grant commitments;
                          ``(iii) any debt obligation that exists, or 
                        is proposed by the recipient, for the proposed 
                        project or other public transportation purpose; 
                        and
                          ``(iv) private contributions to the project, 
                        including cost-effective project delivery, 
                        management or transfer of project risks, 
                        expedited project schedule, financial 
                        partnering, and other public-private 
                        partnership strategies.''.
          (7) in subsection (g)--
                  (A) in paragraph (2)(A) by striking ``degree of local 
                financial commitment'' and inserting ``criteria in 
                subsection (f)'' each place it appears;
                  (B) in paragraph (3) by striking ``The Secretary 
                shall,'' and all that follows through ``to carry out 
                this subsection.'' and inserting the following: ``The 
                Secretary shall--
                  ``(A) to the maximum extent practicable, develop and 
                use special warrants for making a project justification 
                determination under subsection (d)(2) or (e)(2), as 
                applicable, for a project proposed to be funded using a 
                grant under this section if--
                          ``(i) the share of the cost of the project to 
                        be provided under this section--
                                  ``(I) does not exceed $500,000,000 
                                and the total project cost does not 
                                exceed $1,000,000,000; or
                                  ``(II) complies with subsection 
                                (l)(1)(C);
                          ``(ii) the applicant requests the use of the 
                        warrants;
                          ``(iii) the applicant certifies that its 
                        existing public transportation system is in a 
                        state of good repair; and
                          ``(iv) the applicant meets any other 
                        requirements that the Secretary considers 
                        appropriate to carry out this subsection; 
                        and'';
                  (C) by striking paragraph (5) and inserting the 
                following:
          ``(5) Policy guidance.--The Secretary shall issue policy 
        guidance on the review and evaluation process and criteria not 
        later than 180 days after the date of enactment of the INVEST 
        in America Act.'';
                  (D) by striking paragraph (6) and inserting the 
                following:
          ``(6) Transparency.--Not later than 30 days after the 
        Secretary receives a written request from an applicant for all 
        remaining information necessary to obtain 1 or more of the 
        following, the Secretary shall provide such information to the 
        applicant:
                  ``(A) Project advancement.
                  ``(B) Medium or higher rating.
                  ``(C) Warrant.
                  ``(D) Letter of intent.
                  ``(E) Early systems work agreement.''; and
                  (E) in paragraph (7) by striking ``the Federal Public 
                Transportation Act of 2012'' and inserting ``the INVEST 
                in America Act'';
          (8) in subsection (h)--
                  (A) in paragraph (5) by inserting ``, except that for 
                a project for which a lower local cost share is elected 
                under subsection (l)(1)(C), the Secretary shall enter 
                into a grant agreement under this subsection for any 
                such project that establishes contingency amounts that 
                the applicant determines to be reasonable to cover 
                unanticipated cost increases or funding shortfalls'' 
                before the period at the end; and
                  (B) in paragraph (7)(C) by striking ``10 days'' and 
                inserting ``3 days'';
          (9) by striking subsection (i) and inserting the following:
  ``(i) Interrelated Projects.--
          ``(1) Ratings improvement.--The Secretary shall grant a 
        rating increase of 1 level in mobility improvements to any 
        project being rated under subsection (d), (e), or (h), if the 
        Secretary certifies that the project has a qualifying 
        interrelated project that meets the requirements of paragraph 
        (2).
          ``(2) Interrelated project.--A qualifying interrelated 
        project is a transit project that--
                  ``(A) is adopted into the metropolitan transportation 
                plan required under section 5303;
                  ``(B) has received a class of action designation 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.);
                  ``(C) will likely increase ridership on the project 
                being rated in subsection (d), (e), or (h), 
                respectively, as determined by the Secretary; and
                  ``(D) meets one of the following criteria:
                          ``(i) Extends the corridor of the project 
                        being rated in subsection (d), (e), or (h), 
                        respectively.
                          ``(ii) Provides a direct passenger transfer 
                        to the project being rated in subsection (d), 
                        (e), or (h), respectively.'';
          (10) in subsection (k)--
                  (A) in paragraph (2)(D) by adding at the end the 
                following:
                          ``(v) Local funding commitment.-- For a 
                        project for which a lower CIG cost share is 
                        elected by the applicant under subsection 
                        (l)(1)(C), the Secretary shall enter into a 
                        full funding grant agreement that has at least 
                        75 percent of local financial commitment 
                        committed and the remaining percentage budgeted 
                        for the proposed purposes.''; and
                  (B) in paragraph (5) by striking ``30 days'' and 
                inserting ``3 days'';
          (11) in subsection (l)--
                  (A) in paragraph (1) by striking subparagraph (B) and 
                inserting the following:
                  ``(B) Cap.--Except as provided in subparagraph (C), a 
                grant for a project under this section shall not exceed 
                80 percent of the net capital project cost, except that 
                a grant for a core capacity improvement project shall 
                not exceed 80 percent of the net capital project cost 
                of the incremental cost to increase the capacity in the 
                corridor.
                  ``(C) Applicant election of lower local cig cost 
                share.--An applicant may elect a lower local CIG cost 
                share for a project under this section for purposes of 
                application of the cost-share incentives under 
                subsection (f)(3). Such cost share shall not exceed 60 
                percent of the net capital project cost, except that 
                for a grant for a core capacity improvement project 
                such cost share shall not exceed 60 percent of the net 
                capital project cost of the incremental cost to 
                increase the capacity in the corridor.'';
                  (B) by striking paragraph (5) and inserting the 
                following:
          ``(5) Limitation on statutory construction.--Nothing in this 
        section shall be construed as authorizing the Secretary to 
        require, incentivize (in any manner not specified in this 
        section), or place additional conditions upon a non-Federal 
        financial commitment for a project that is more than 20 percent 
        of the net capital project cost or, for a core capacity 
        improvement project, 20 percent of the net capital project cost 
        of the incremental cost to increase the capacity in the 
        corridor.''; and
                  (C) by striking paragraph (8) and inserting the 
                following:
          ``(8) Contingency share.--The Secretary shall provide funding 
        for the contingency amount equal to the proportion of the CIG 
        cost share. If the Secretary increases the contingency amount 
        after a project has received a letter of no prejudice or been 
        allocated appropriated funds, the federal share of the 
        additional contingency amount shall be 25 percent higher than 
        the original proportion the CIG cost share and in addition to 
        the grant amount set in subsection (k)(2)(C)(ii).'';
          (12) in subsection (o) by adding at the end the following:
          ``(4) CIG program dashboard.--Not later than the fifth day of 
        each month, the Secretary shall make publicly available on a 
        website data on, including the status of, each project under 
        this section that is in the project development phase, in the 
        engineering phase, or has received a grant agreement and 
        remains under construction. Such data shall include, for each 
        project--
                  ``(A) the amount and fiscal year of any funding 
                appropriated, allocated, or obligated for the project;
                  ``(B) the date on which the project--
                          ``(i) entered the project development phase;
                          ``(ii) entered the engineering phase, if 
                        applicable; and
                          ``(iii) received a grant agreement, if 
                        applicable; and
                  ``(C) the status of review by the Federal Transit 
                Administration and the Secretary, including dates of 
                request, dates of acceptance of request, and dates of a 
                decision for each of the following, if applicable:
                          ``(i) A letter of no prejudice.
                          ``(ii) An environmental impact statement 
                        notice of intent.
                          ``(iii) A finding of no significant 
                        environmental impact.
                          ``(iv) A draft environmental impact 
                        statement.
                          ``(v) A final environmental impact statement.
                          ``(vi) A record of decision on the final 
                        environmental impact statement.
                          ``(vii) The status of the applicant in 
                        securing the non-Federal match, based on 
                        information provided by the applicant, 
                        including the amount committed, budgeted, 
                        planned, and undetermined.''; and
          (13) by striking ``an acceptable degree of'' and inserting 
        ``a'' each place it appears.

SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT DEADLINE.

  Section 5336(d) of title 49, United States Code, is amended--
          (1) by redesignating paragraph (2) as paragraph (3);
          (2) in paragraph (1) by striking ``and'' at the end; and
          (3) by inserting after paragraph (1) the following:
          ``(2) notwithstanding paragraph (1), apportion amounts to the 
        States appropriated under section 5338(a)(2) to carry out 
        sections 5307, 5310, and 5311 not later than December 15 for 
        which any amounts are appropriated; and''.

SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE.

  Section 5334 of title 49, United States Code, is further amended by 
adding at the end the following:
  ``(l) Disposition of Assets Beyond Useful Life.--
          ``(1) In general.--If a recipient, or subrecipient, for 
        assistance under this chapter disposes of an asset with a 
        current market value, or proceed from the sale of such asset, 
        acquired under this chapter at least in part with such 
        assistance, after such asset has reached the useful life of 
        such asset, the Secretary shall allow the recipient, or 
        subrecipient, to use the proceeds attributable to the Federal 
        share of such asset calculated under paragraph (3) for capital 
        projects under section 5307, 5310, or 5311.
          ``(2) Minimum value.--This subsection shall only apply to 
        assets with a current market value, or proceeds from sale, of 
        at least $5,000.
          ``(3) Calculation of federal share attributable.--The 
        proceeds attributable to the Federal share of an asset 
        described in paragraph (1) shall be calculated by multiplying--
                  ``(A) the current market value of, or the proceeds 
                from the disposition of, such asset; by
                  ``(B) the Federal share percentage for the 
                acquisition of such asset at the time of acquisition of 
                such asset.''.

SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBILITY.

  Section 5310 of title 49, United States Code, as amended by section 
2205, is further amended by adding at the end the following:
  ``(k) Innovative Coordinated Access and Mobility.--
          ``(1) Start up grants.--
                  ``(A) In general.--The Secretary may make grants 
                under this paragraph to eligible recipients to assist 
                in financing innovative projects for the transportation 
                disadvantaged that improve the coordination of 
                transportation services and non-emergency medical 
                transportation services.
                  ``(B) Application.--An eligible recipient shall 
                submit to the Secretary an application that, at a 
                minimum, contains--
                          ``(i) a detailed description of the eligible 
                        project;
                          ``(ii) an identification of all eligible 
                        project partners and the specific role of each 
                        eligible project partner in the eligible 
                        project, including--
                                  ``(I) private entities engaged in the 
                                coordination of nonemergency medical 
                                transportation services for the 
                                transportation disadvantaged;
                                  ``(II) nonprofit entities engaged in 
                                the coordination of nonemergency 
                                medical transportation services for the 
                                transportation disadvantaged; or
                                  ``(III) Federal and State entities 
                                engaged in the coordination of 
                                nonemergency medical transportation 
                                services for the transportation 
                                disadvantaged; and
                          ``(iii) a description of how the eligible 
                        project shall--
                                  ``(I) improve local coordination or 
                                access to coordinated transportation 
                                services;
                                  ``(II) reduce duplication of service, 
                                if applicable; and
                                  ``(III) provide innovative solutions 
                                in the State or community.
                  ``(C) Performance measures.--An eligible recipient 
                shall specify, in an application for a grant under this 
                paragraph, the performance measures the eligible 
                project, in coordination with project partners, will 
                use to quantify actual outcomes against expected 
                outcomes, including--
                          ``(i) changes to transportation expenditures 
                        as a result of improved coordination;
                          ``(ii) changes to healthcare expenditures 
                        provided by projects partners as a result of 
                        improved coordination; and
                          ``(iii) changes to health care metrics, 
                        including aggregate health outcomes provided by 
                        projects partners.
                  ``(D) Eligible uses.--Eligible recipients receiving a 
                grant under this section may use such funds for--
                          ``(i) the deployment of coordination 
                        technology;
                          ``(ii) projects that create or increase 
                        access to community One-Call/One-Click Centers;
                          ``(iii) projects that coordinate 
                        transportation for 3 or more of--
                                  ``(I) public transportation provided 
                                under this section;
                                  ``(II) a State plan approved under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396 et seq.);
                                  ``(III) title XVIII of the Social 
                                Security Act (42 U.S.C. 1395 et seq.);
                                  ``(IV) Veterans Health 
                                Administration; or
                                  ``(V) private health care facilities; 
                                and
                          ``(iv) such other projects as determined 
                        appropriate by the Secretary.
                  ``(E) Consultation.--In evaluating the performance 
                metrics described in subparagraph (C), the Secretary 
                shall consult with the Secretary of Health and Human 
                Services.
          ``(2) Incentive grants.--
                  ``(A) In general.--The Secretary may make grants 
                under this paragraph to eligible recipients to 
                incentivize innovative projects for the transportation 
                disadvantaged that improve the coordination of 
                transportation services and non-emergency medical 
                transportation services.
                  ``(B) Selection of grant recipients.--The Secretary 
                shall distribute grant funds made available to carry 
                out this paragraph as described in subparagraph (E) to 
                eligible recipients that apply and propose to 
                demonstrate improvement in the metrics described in 
                subparagraph (F).
                  ``(C) Eligibility.--An eligible recipient shall not 
                be required to have received a grant under paragraph 
                (1) to be eligible to receive a grant under this 
                paragraph.
                  ``(D) Applications.--Eligible recipients shall submit 
                to the Secretary an application that includes--
                          ``(i) which metrics under subparagraph (F) 
                        the eligible recipient intends to improve;
                          ``(ii) the performance data eligible 
                        recipients and the Federal, State, nonprofit, 
                        and private partners, as described in paragraph 
                        (1)(B)(ii), of the eligible recipient will make 
                        available; and
                          ``(iii) a proposed incentive formula that 
                        makes payments to the eligible recipient based 
                        on the proposed data and metrics.
                  ``(E) Distribution.--The Secretary shall distribute 
                funds made available to carry out this paragraph based 
                upon the number of grant applications approved by the 
                Secretary, number of individuals served by each grant, 
                and the incentive formulas approved by the Secretary 
                using the following metrics:
                          ``(i) The reduced transportation expenditures 
                        as a result of improved coordination.
                          ``(ii) The reduced Federal and State 
                        healthcare expenditures using the metrics 
                        described in subparagraph (F).
                          ``(iii) The reduced private healthcare 
                        expenditures using the metrics described in 
                        subparagraph (F).
                  ``(F) Healthcare metrics.--Healthcare metrics 
                described in this subparagraph shall be--
                          ``(i) reducing missed medical appointments;
                          ``(ii) the timely discharge of patients from 
                        hospitals;
                          ``(iii) preventing hospital admissions and 
                        reducing readmissions of patients into 
                        hospitals; and
                          ``(iv) other measureable healthcare metrics, 
                        as determined appropriate by the Secretary, in 
                        consultation with the Secretary of Health and 
                        Human Services.
                  ``(G) Eligible expenditures.--The Secretary shall 
                allow the funds distributed by this grant program to be 
                expended on eligible activities described in paragraph 
                (1)(D) and any eligible activity under this section 
                that is likely to improve the metrics described in 
                subparagraph (F).
                  ``(H) Recipient cap.--The Secretary--
                          ``(i) may not provide more than 20 grants 
                        under this paragraph; and
                          ``(ii) shall reduce the maximum number of 
                        grants under this paragraph to ensure projects 
                        are fully funded, if necessary.
                  ``(I) Consultation.--In evaluating the health care 
                metrics described in subparagraph (F), the Secretary 
                shall consult with the Secretary of Health and Human 
                Services.
                  ``(J) Annual grantee report.--Each grantee shall 
                submit a report, in coordination with the project 
                partners of such grantee, that includes an evaluation 
                of the outcomes of the grant awarded to such grantee, 
                including the performance measures.
          ``(3) Report.--The Secretary shall make publicly available an 
        annual report on the program carried out under this subsection 
        for each fiscal year, not later than December 31 of the 
        calendar year in which that fiscal year ends. The report shall 
        include a detailed description of the activities carried out 
        under the program, and an evaluation of the program, including 
        an evaluation of the performance measures used by eligible 
        recipients in consultation with the Secretary of Health and 
        Human Services.
          ``(4) Federal share.--
                  ``(A) In general.--The Federal share of the costs of 
                a project carried out under this subsection shall not 
                exceed 80 percent.
                  ``(B) Non-federal share.--The non-Federal share of 
                the costs of a project carried out under this 
                subsection may be derived from in-kind contributions.
          ``(5) Rule of construction.--For purposes of this subsection, 
        nonemergency medical transportation services shall be limited 
        to services eligible under Federal programs other than programs 
        authorized under this chapter.''.

SEC. 2915. PASSENGER FERRY GRANTS.

  Section 5307(h) of title 49, United States Code, is amended by adding 
at the end the following paragraph:
          ``(4) Zero-emission or reduced-emission grants.--
                  ``(A) Definitions.--In this paragraph--
                          ``(i) the term `eligible project' means a 
                        project or program of projects in an area 
                        eligible for a grant under subsection (a) for--
                                  ``(I) acquiring zero- or reduced-
                                emission passenger ferries;
                                  ``(II) leasing zero- or reduced-
                                emission passenger ferries;
                                  ``(III) constructing facilities and 
                                related equipment for zero- or reduced-
                                emission passenger ferries;
                                  ``(IV) leasing facilities and related 
                                equipment for zero- or reduced-emission 
                                passenger ferries;
                                  ``(V) constructing new public 
                                transportation facilities to 
                                accommodate zero- or reduced-emission 
                                passenger ferries;
                                  ``(VI) constructing shoreside ferry 
                                charging infrastructure for zero- or 
                                reduced-emission passenger ferries; or
                                  ``(VII) rehabilitating or improving 
                                existing public transportation 
                                facilities to accommodate zero- or 
                                reduced-emission passenger ferries;
                          ``(ii) the term `zero- or reduced-emission 
                        passenger ferry' means a passenger ferry used 
                        to provide public transportation that reduces 
                        emissions by utilizing onboard energy storage 
                        systems for hybrid-electric or 100 percent 
                        electric propulsion, related charging 
                        infrastructure, and other technologies deployed 
                        to reduce emissions or produce zero onboard 
                        emissions under normal operation; and
                          ``(iii) the term `recipient' means a 
                        designated recipient, a local government 
                        authority, or a State that receives a grant 
                        under subsection (a).
                  ``(B) General authority.--The Secretary may make 
                grants to recipients to finance eligible projects under 
                this paragraph.
                  ``(C) Grant requirements.--A grant under this 
                paragraph shall be subject to the same terms and 
                conditions as a grant under subsection (a).
                  ``(D) Competitive process.--The Secretary shall 
                solicit grant applications and make grants for eligible 
                projects under this paragraph on a competitive basis.
                  ``(E) Government share of costs.--
                          ``(i) In general.--The Federal share of the 
                        cost of an eligible project carried out under 
                        this paragraph shall not exceed 80 percent.
                          ``(ii) Non-federal share.--The non-Federal 
                        share of the cost of an eligible project 
                        carried out under this subsection may be 
                        derived from in-kind contributions.''.

SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL INVESTMENT.

  Section 5309(h)(4) of title 49, United States Code, is amended by 
inserting ``, the extent to which the project improves transportation 
options to economically distressed areas,'' after ``public 
transportation''.

SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NATIONAL ENVIRONMENTAL 
                    POLICY ACT OF 1969 TO FEDERALLY FUNDED BUS 
                    SHELTERS.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall issue best practices on the 
application of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) to federally funded bus shelters to assist recipients of 
Federal funds in receiving exclusions permitted by law.

SEC. 2918. CAPITAL INVESTMENT GRANT STREAMLINING.

  (a) In General.--Section 3005(b) of the FAST Act (Public Law 116-94) 
is repealed.
  (b) Grandfather Clauses.--For any projects that have submitted an 
application or are being evaluated under the program described in 
section 3005(b) of such Act prior to the date of enactment of this Act, 
the Secretary shall--
          (1) continue to administer the project under the terms of 
        such section as it existed on the day prior to the date of 
        enactment of this Act; and
          (2) for purposes of providing Federal assistance to such 
        project (and notwithstanding any other provision of law), 
        provide such funds as may be necessary from the amounts 
        provided in section 5338(b) of title 49, United States Code, 
        and division A of this Act.

SEC. 2919. DISPOSITION OF ROLLING STOCK TO IMPROVE AIR QUALITY GOALS.

  Section 5334 of title 49, United States Code, is further amended by 
adding at the end the following:
  ``(m) Disposition of Rolling Stock to Meet Air Quality Goals.--
          ``(1) In general.--If a recipient, or subrecipient, for 
        assistance under this chapter disposes of rolling stock with a 
        current market value, or proceeds from the disposition of such 
        rolling stock, acquired under this chapter at least in part 
        with such assistance, before such rolling stock has reached its 
        useful life, the Secretary may allow the recipient, or 
        subrecipient, to use the proceeds attributable to the Federal 
        share of such rolling stock calculated under paragraph (3) for 
        capital projects under section 5307, 5310, or 5311 without need 
        for repayment of the Federal financial interest.
          ``(2) Covered rolling stock.--This subsection shall only 
        apply to rolling stock disposed of--
                  ``(A) which are replaced by rolling stock that will 
                help improve attainment of air quality goals compared 
                to the rolling stock being replaced; and
                  ``(B) for which the recipient is located in an area 
                that is designated as a nonattainment area for 
                particulate matter under section 107(d) of the Clean 
                Air Act (42 U.S.C. 7407(d)).
          ``(3) Calculation of federal share attributable.--The 
        proceeds attributable to the Federal share of rolling stock 
        described in paragraph (1) shall be calculated by multiplying--
                  ``(A) the current market value of, or the proceeds 
                from the disposition of, such asset; and
                  ``(B) the Federal share percentage for the 
                acquisition of such asset at the time of acquisition of 
                such asset.''.

                   TITLE III--HIGHWAY TRAFFIC SAFETY

SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following sums are authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit Account):
          (1) Highway safety programs.--For carrying out section 402 of 
        title 23, United States Code--
                  (A) $378,400,000 for fiscal year 2023;
                  (B) $382,400,000 for fiscal year 2024;
                  (C) $386,500,000 for fiscal year 2025; and
                  (D) $390,400,000 for fiscal year 2026.
          (2) Highway safety research and development.--For carrying 
        out section 403 of title 23, United States Code--
                  (A) $182,495,000 for fiscal year 2023;
                  (B) $184,795,000 for fiscal year 2024;
                  (C) $187,795,000 for fiscal year 2025; and
                  (D) $190,695,000 for fiscal year 2026.
          (3) National priority safety programs.--For carrying out 
        section 405 of title 23, United States Code--
                  (A) $384,119,000 for fiscal year 2023;
                  (B) $393,205,000 for fiscal year 2024;
                  (C) $402,205,000 for fiscal year 2025; and
                  (D) $411,388,000 for fiscal year 2026.
          (4) National driver register.--For the National Highway 
        Traffic Safety Administration to carry out chapter 303 of title 
        49, United States Code--
                  (A) $5,700,000 for fiscal year 2023;
                  (B) $5,800,000 for fiscal year 2024;
                  (C) $5,900,000 for fiscal year 2025; and
                  (D) $6,000,000 for fiscal year 2026.
          (5) High-visibility enforcement program.--For carrying out 
        section 404 of title 23, United States Code--
                  (A) $60,200,000 for fiscal year 2023;
                  (B) $60,600,000 for fiscal year 2024;
                  (C) $60,800,000 for fiscal year 2025; and
                  (D) $61,200,000 for fiscal year 2026.
          (6) Administrative expenses.--For administrative and related 
        operating expenses of the National Highway Traffic Safety 
        Administration in carrying out chapter 4 of title 23, United 
        States Code--
                  (A) $30,586,000 for fiscal year 2023;
                  (B) $31,000,000 for fiscal year 2024;
                  (C) $31,500,000 for fiscal year 2025; and
                  (D) $31,917,000 for fiscal year 2026.
          (7) Center for fair and equitable traffic safety 
        enforcement.--For carrying out section 3003 of this title, 
        $35,000,000 for each of fiscal years 2023 through 2026.
  (b) Prohibition on Other Uses.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and chapter 303 of title 49, 
United States Code, the amounts made available from the Highway Trust 
Fund (other than the Mass Transit Account) for a program under such 
chapters--
          (1) shall only be used to carry out such program; and
          (2) may not be used by States or local governments for 
        construction purposes.
  (c) Applicability of Title 23.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and chapter 303 of title 49, 
United States Code, amounts made available under subsection (a) for 
fiscal years 2023 through 2026 shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 of title 
23, United States Code.
  (d) Regulatory Authority.--Grants awarded under chapter 4 of title 
23, United States Code, including any amendments made by this title, 
shall be carried out in accordance with regulations issued by the 
Secretary of Transportation.
  (e) State Matching Requirements.--If a grant awarded under chapter 4 
of title 23, United States Code, requires a State to share in the cost, 
the aggregate of all expenditures for highway safety activities made 
during a fiscal year by the State and its political subdivisions 
(exclusive of Federal funds) for carrying out the grant (other than 
planning and administration) shall be available for the purpose of 
crediting the State during such fiscal year for the non-Federal share 
of the cost of any other project carried out under chapter 4 of title 
23, United States Code (other than planning or administration), without 
regard to whether such expenditures were made in connection with such 
project.
  (f) Grant Application and Deadline.--To receive a grant under chapter 
4 of title 23, United States Code, a State shall submit an application, 
and the Secretary of Transportation shall establish a single deadline 
for such applications to enable the award of grants early in the next 
fiscal year.

SEC. 3002. HIGHWAY SAFETY PROGRAMS.

  Section 402 of title 23, United States Code, is amended--
          (1) in subsection (a) by adding at the end the following:
          ``(3) Additional considerations.--States which have legalized 
        medicinal or recreational marijuana shall consider programs in 
        addition to the programs described in paragraph (2)(A) to 
        educate drivers on the risks associated with marijuana-impaired 
        driving and to reduce injuries and deaths resulting from 
        individuals driving motor vehicles while impaired by 
        marijuana.'';
          (2) in subsection (c)--
                  (A) by redesignating paragraphs (2), (3), and (4) as 
                paragraphs (3), (4), and (5), respectively;
                  (B) by inserting after paragraph (1) the following:
          ``(2) Additional uses.--In addition to uses authorized under 
        paragraph (1) and as approved by the Secretary, States may use 
        funds under this section to--
                  ``(A) educate the public on the dangers of pediatric 
                vehicular hyperthermia;
                  ``(B) purchase and distribute child restraints to 
                low-income families; and
                  ``(C) reduce injuries and deaths resulting from 
                drivers of motor vehicles not moving to another traffic 
                lane or reducing the speed of such driver's vehicle 
                when passing an emergency, law enforcement, or other 
                vehicle stopped or parked on or near the roadway.''.
                  (C) in paragraph (5), as so redesignated)--
                          (i) by striking subparagraph (C);
                          (ii) by redesignating subparagraph (B) as 
                        subparagraph (D); and
                          (iii) by inserting after subparagraph (A) the 
                        following:
                  ``(B) Special rule for school and work zones.--
                Notwithstanding subparagraph (A), a State may expend 
                funds apportioned to that State under this section to 
                carry out a program to purchase, operate, or maintain 
                an automated traffic system in a work zone or school 
                zone.
                  ``(C) Automated traffic enforcement system 
                guidelines.--Any automated traffic enforcement system 
                installed pursuant to subparagraph (B) shall comply 
                with speed enforcement camera systems and red light 
                camera systems guidelines established by the 
                Secretary.''; and
          (3) in subsection (n)--
                  (A) by striking ``Public Transparency'' and all that 
                follows through ``The Secretary'' and inserting the 
                following: ``Public Transparency.--
          ``(1) In general.--The Secretary''; and
                  (B) by adding at the end the following:
          ``(2) State highway safety plan website.--
                  ``(A) In general.--In carrying out the requirements 
                of paragraph (1), the Secretary shall establish a 
                public website that is easily accessible, navigable, 
                and searchable for the information required under 
                paragraph (1), in order to foster greater transparency 
                in approved State highway safety programs.
                  ``(B) Contents.--The website established under 
                subparagraph (A) shall--
                          ``(i) include each State highway safety plan 
                        and annual report submitted and approved by the 
                        Secretary under subsection (k);
                          ``(ii) provide a means for the public to 
                        search such website for State highway safety 
                        program content required in subsection (k), 
                        including--
                                  ``(I) performance measures required 
                                by the Secretary under paragraph 
                                (3)(A);
                                  ``(II) progress made toward meeting 
                                the State's performance targets for the 
                                previous year;
                                  ``(III) program areas and 
                                expenditures; and
                                  ``(IV) a description of any sources 
                                of funds other than funds provided 
                                under this section that the State 
                                proposes to use to carry out the State 
                                highway safety plan of such State.''.

SEC. 3003. FAIR AND EQUITABLE TRAFFIC SAFETY ENFORCEMENT.

  (a) In General.--The Secretary of Transportation shall make grants 
under this section to an eligible nonprofit institution of higher 
education with demonstrated expertise in promoting fair and equitable 
traffic safety enforcement to establish and operate a national center 
of excellence for fair and equitable traffic safety enforcement (in 
this section referred to as the ``Center'').
  (b) Purpose.--The purpose of the Center shall be to promote fair and 
equitable traffic safety enforcement with the goal of reducing traffic 
fatalities and injuries.
  (c) Role of Center.--The role of the Center shall be to establish and 
operate a national fair and equitable traffic safety enforcement 
clearinghouse to--
          (1) develop data collection systems to promote fair and 
        equitable traffic safety enforcement solutions, including 
        assisting States participating in the program established under 
        section 403(j) of title 23, United States Code, (as added by 
        this Act) share data collected to a national database;
          (2) develop recommendations for States to improve data 
        collection on law enforcement programs carried out under 
        sections 402 and 405 of this title in order to promote fair and 
        equitable traffic safety enforcement programs;
          (3) provide technical assistance to States on the 
        implementation of the program established under section 403(j) 
        of title 23, United States Code, as added by this Act;
          (4) research and disseminate best practices for implementing 
        equitable traffic safety enforcement programs; and
          (5) develop information and educational programs on 
        implementing equitable traffic safety enforcement best 
        practices.
  (d) Consultation.--In carrying out the activities under paragraphs 
(4) and (5) of subsection (c), the Center shall consult with relevant 
stakeholders, including--
          (1) civil rights organizations;
          (2) traffic safety advocacy groups;
          (3) law enforcement representatives;
          (4) State highway safety offices; and
          (5) such other surface transportation stakeholders and 
        industry experts as the Center considers appropriate.
  (e) Report to Congress.--Not later than 2 years after the 
establishment of the Center under subsection (a), the Secretary shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report on progress made toward meeting the goals 
established under subsection (b).

SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

  Section 403 of title 23, United States Code, is amended--
          (1) in subsection (b) by inserting ``, training,'' after 
        ``demonstration projects'';
          (2) in subsection (f)(1)--
                  (A) by striking ``$2,500,000'' and inserting 
                ``$3,500,000''; and
                  (B) by striking ``subsection 402(c) in each fiscal 
                year ending before October 1, 2015, and $443,989 of the 
                total amount available for apportionment to the States 
                for highway safety programs under section 402(c) in the 
                period beginning on October 1, 2015, and ending on 
                December 4, 2015,'' and inserting ``section 402(c)(2) 
                in each fiscal year''; and
          (3) by striking subsection (h) and redesignating subsections 
        (i) and (j) as subsections (h) and (i), respectively.

SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.

  Section 403 of title 23, United States Code, as amended by section 
3004 of this Act, is further amended by adding at the end the 
following:
  ``(j) Grant Program To Prohibit Racial Profiling.--
          ``(1) General authority.--Subject to the requirements of this 
        subsection, the Secretary shall make grants to a State that--
                  ``(A) is maintaining and allows public inspection of 
                statistical information for each motor vehicle stop 
                made by a law enforcement officer on a Federal-aid 
                highway in the State regarding the race and ethnicity 
                of the driver; or
                  ``(B) provides assurances satisfactory to the 
                Secretary that the State is undertaking activities to 
                comply with the requirements of subparagraph (A).
          ``(2) Use of grant funds.--A grant received by a State under 
        paragraph (1) shall be used by the State for the costs of--
                  ``(A) collecting and maintaining data on traffic 
                stops;
                  ``(B) evaluating the results of such data; and
                  ``(C) developing and implementing programs to reduce 
                the occurrence of racial profiling.
          ``(3) Limitations.--The total amount of grants made to a 
        State under this section in a fiscal year may not exceed--
                  ``(A) 10 percent of the amount made available to 
                carry out this section in the fiscal year for States 
                eligible under paragraph (1)(A); and
                  ``(B) 5 percent of the amount made available to carry 
                out this section in the fiscal year for States eligible 
                under paragraph (1)(B).
          ``(4) Funding.--From funds made available under this section, 
        the Secretary shall set aside $15,000,000 for each fiscal year 
        to carry out this subsection.''.

SEC. 3006. NATIONAL SAFETY CAMPAIGNS.

  (a) In General.--Section 404 of title 23, United States Code, is 
amended to read as follows:

``Sec. 404. National safety campaigns

  ``(a) In General.--The Secretary shall establish and administer a 
program under which not less than 3 high-visibility enforcement 
campaigns and not less than 3 public awareness campaigns will be 
carried out in each of fiscal years 2023 through 2026.
  ``(b) High-visibility Enforcement.--In carrying out the requirements 
under paragraph (a), the Secretary shall ensure that in each fiscal 
year not less than 1 high-visibility enforcement campaign is carried 
out to--
          ``(1) reduce alcohol-impaired operation of a motor vehicle;
          ``(2) reduce alcohol-impaired and drug-impaired operation of 
        a motor vehicle; and
          ``(3) increase use of seatbelts by occupants of motor 
        vehicles.
  ``(c) Public Awareness.--The purpose of each public awareness 
campaign carried out under this section shall be to achieve outcomes 
related to not less than 1 of the following objectives:
          ``(1) Increase the proper use of seatbelts and child 
        restraints by occupants of motor vehicles.
          ``(2) Reduce instances of distracted driving.
          ``(3) Reduce instances of speeding by drivers.
  ``(d) Advertising.--The Secretary may use, or authorize the use of, 
funds available to carry out this section to pay for the development, 
production, and use of broadcast and print media advertising and 
Internet-based outreach in carrying out campaigns under this section. 
In allocating such funds, consideration shall be given to advertising 
directed at non-English speaking populations, including those who 
listen to, read, or watch nontraditional media.
  ``(e) Coordination With States.--The Secretary shall coordinate with 
States in carrying out the high-visibility enforcement campaigns under 
this section, including advertising funded under subsection (d), with 
consideration given to--
          ``(1) relying on States to provide law enforcement resources 
        for the campaigns out of funding made available under sections 
        402 and 405; and
          ``(2) providing, out of National Highway Traffic Safety 
        Administration resources, most of the means necessary for 
        national advertising and education efforts associated with the 
        campaigns.
  ``(f) Coordination of Dynamic Highway Message Signs.--During national 
high-visibility enforcement emphasis periods supported by these funds, 
the Federal Highway Administration and the National Highway Traffic 
Safety Administration shall coordinate with State departments of 
transportation on the use of dynamic highway message signs to support 
high-visibility national emphasis activities.
  ``(g) Use of Funds.--Funds made available to carry out this section 
may be used only for activities described in subsections (c) and (d).
  ``(h) Definition.--In this section:
          ``(1) Campaign.--The term `campaign' means a high-visibility 
        traffic safety law enforcement campaign or a traffic safety 
        public awareness campaign.
          ``(2) Dynamic highway.--The term `dynamic highway message 
        sign' means a traffic control device that is capable of 
        displaying one or more alternative messages which convey 
        information to travelers.
          ``(3) State.--The `State' has the meaning given that term in 
        section 401.
  ``(b) Clerical Amendment.--The item relating to section 404 in the 
analysis for chapter 4 of title 23, United States Code, is amended to 
read as follows:

```404. National safety campaigns.'.

SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS.

  (a) In General.--Section 405 of title 23, United States Code, is 
amended--
          (1) in subsection (a)--
                  (A) in paragraph (1) by striking ``13 percent'' and 
                inserting ``12.85 percent'';
                  (B) in paragraph (2) by striking ``14.5 percent'' and 
                inserting ``14.3 percent'';
                  (C) in paragraph (3) by striking ``52.5 percent'' and 
                inserting ``51.75 percent'';
                  (D) in paragraph (4) by striking ``8.5 percent'' and 
                inserting ``8.3 percent'';
                  (E) in paragraph (6) by striking ``5 percent'' and 
                inserting ``4.9 percent'';
                  (F) in paragraph (7) by striking ``5 percent'' and 
                inserting ``4.9 percent'';
                  (G) in paragraph (8)--
                          (i) by striking ``paragraphs (1) through 
                        (7)'' and inserting ``paragraphs (1) through 
                        (8)'';
                          (ii) by striking ``subsections (b) through 
                        (h)'' and inserting ``subsections (b) through 
                        (i)''; and
                          (iii) by inserting ``to carry out any of the 
                        other activities described in such subsections, 
                        or the amount made available'' before ``under 
                        section 402'';
                  (H) in paragraph (9)(A) by striking ``date of 
                enactment of the FAST Act'' and inserting ``date of 
                enactment of the INVEST in America Act'';
                  (I) by redesignating paragraphs (8), (9), and (10) as 
                paragraphs (9), (10), and (11), respectively; and
                  (J) by inserting after paragraph (7) the following:
          ``(8) Driver and officer safety education.--In each fiscal 
        year, 1.5 percent of the funds provided under this section 
        shall be allocated among States that meet the requirements with 
        respect to driver and officer safety education (as described in 
        subsection (i)).'';
          (2) in subsection (c)(3)(E) by striking ``5'' and inserting 
        ``10'';
          (3) in subsection (b)(4)--
                  (A) in subparagraph (A) by striking clause (v) and 
                inserting the following:
                          ``(v) implement programs in low-income and 
                        underserved populations to--
                                  ``(I) recruit and train occupant 
                                protection safety professionals, 
                                nationally certified child passenger 
                                safety technicians, police officers, 
                                fire and emergency medical personnel, 
                                and educators serving low-income and 
                                underserved populations;
                                  ``(II) educate parents and caregivers 
                                in low-income and underserved 
                                populations about the proper use and 
                                installation of child safety seats; and
                                  ``(III) purchase and distribute child 
                                safety seats to low-income and 
                                underserved populations; and''; and
                  (B) in subparagraph (B)--
                          (i) by striking ``100 percent'' and inserting 
                        ``90 percent''; and
                          (ii) by inserting ``The remaining 10 percent 
                        of such funds shall be used to carry out 
                        subsection (A)(v).'' after ``section 402.'';
          (4) by striking subsection (c)(4) and inserting the 
        following:
          ``(4) Use of grant amounts.--Grant funds received by a State 
        under this subsection shall be used for--
                  ``(A) making data program improvements to core 
                highway safety databases related to quantifiable, 
                measurable progress in any of the 6 significant data 
                program attributes set forth in paragraph (3)(D);
                  ``(B) developing or acquiring information technology 
                for programs to identify, collect, and report data to 
                State and local government agencies, and enter data, 
                including crash, citation and adjudication, driver, 
                emergency medical services or injury surveillance 
                system, roadway, and vehicle, into the core highway 
                safety databases of a State;
                  ``(C) purchasing equipment used to identify, collect, 
                and report State safety data to support State efforts 
                to improve State traffic safety information systems;
                  ``(D) linking core highway safety databases of a 
                State with such databases of other States;
                  ``(E) improving the compatibility and 
                interoperability of the core highway safety databases 
                of the State with national data systems and data 
                systems of other States;
                  ``(F) costs associated with training State and local 
                personnel on ways to improve State traffic safety 
                information systems;
                  ``(G) hiring a Fatality Analysis Reporting System 
                liaison for a State; and
                  ``(H) conducting research on State traffic safety 
                information systems, including developing and 
                evaluating programs to improve core highway safety 
                databases of such State and processes by which data is 
                identified, collected, reported to State and local 
                government agencies, and entered into such core safety 
                databases.'';
          (5) by striking subsection (d)(6)(A) and inserting the 
        following:
                  ``(A) Grants to states with alcohol-ignition 
                interlock laws.--The Secretary shall make a separate 
                grant under this subsection to each State that--
                          ``(i) adopts and is enforcing a mandatory 
                        alcohol-ignition interlock law for all 
                        individuals at the time of, or prior to, a 
                        conviction of driving under the influence of 
                        alcohol or of driving while intoxicated;
                          ``(ii) does not allow any individual required 
                        to have an ignition interlock for driving 
                        privileges to drive a motor vehicle unless such 
                        individual installs an ignition interlock for a 
                        minimum 180-day interlock period; or
                          ``(iii) has--
                                  ``(I) enacted and is enforcing a 
                                state law requiring all individuals 
                                convicted of, or whose driving 
                                privilege is revoked or denied for, 
                                refusing to submit to a chemical or 
                                other test for the purpose of 
                                determining the presence or 
                                concentration of any intoxicating 
                                substance to install an ignition 
                                interlock for a minimum 180-day 
                                interlock period unless the driver 
                                successfully completes an appeal 
                                process; and
                                  ``(II) a compliance-based removal 
                                program in which an individual required 
                                to install an ignition interlock for a 
                                minimum 180-day interlock period and 
                                have completed a minimum consecutive 
                                period of not less than 60 days of the 
                                required interlock period immediately 
                                preceding the date of release, without 
                                a confirmed violation, as defined by 
                                State law or regulations, of driving 
                                under the influence of alcohol or 
                                driving while intoxicated.'';
          (6) in subsection (e)--
                  (A) in paragraph (1) by striking ``paragraphs (2) and 
                (3)'' and inserting ``paragraph (2)'';
                  (B) in paragraph (4)--
                          (i) by striking ``paragraph (2) or (3)'' and 
                        inserting ``paragraph (3) or (4)'';
                          (ii) in subparagraph (A) by striking 
                        ``communications device to contact emergency 
                        services'' and inserting ``communications 
                        device during an emergency to contact emergency 
                        services or to prevent injury to persons or 
                        property'';
                          (iii) in subparagraph (C) by striking ``; 
                        and'' and inserting a semicolon;
                          (iv) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                          (v) by inserting after subparagraph (C) the 
                        following:
                  ``(D) a driver who uses a personal wireless 
                communication device for navigation; and'';
                  (C) in paragraph (5)(A)(i) by striking ``texting or 
                using a cell phone while'' and inserting 
                ``distracted'';
                  (D) in paragraph (7) by striking ``Of the amounts'' 
                and inserting ``In addition to the amounts authorized 
                under section 404 and of the amounts'';
                  (E) in paragraph (9)--
                          (i) by striking subparagraph (B) and 
                        inserting the following:
                  ``(B) Personal wireless communications device.--The 
                term `personal wireless communications device' means--
                          ``(i) until the date on which the Secretary 
                        issues a regulation pursuant to paragraph 
                        (8)(A), a device through which personal 
                        services (as such term is defined in section 
                        332(c)(7)(C)(i) of the Communications Act of 
                        1934 (47 U.S.C. 332(c)(7)(C)(i)) are 
                        transmitted, but not including the use of such 
                        a device as a global navigation system receiver 
                        used for positioning, emergency notification, 
                        or navigation purposes; and
                          ``(ii) on and after the date on which the 
                        Secretary issues a regulation pursuant to 
                        paragraph (8)(A), the definition described in 
                        such regulation.''; and
                          (ii) by striking subparagraph (E) and 
                        inserting the following:
                  ``(E) Texting.--The term `texting' means--
                          ``(i) until the date on which the Secretary 
                        issues a regulation pursuant to paragraph 
                        (8)(A), reading from or manually entering data 
                        into a personal wireless communications device, 
                        including doing so for the purpose of SMS 
                        texting, emailing, instant messaging, or 
                        engaging in any other form of electronic data 
                        retrieval or electronic data communication; and
                          ``(ii) on and after the date on which the 
                        Secretary issues a regulation pursuant to 
                        paragraph (8)(A), the definition described in 
                        such regulation.'';
                  (F) by striking paragraphs (2), (3), (6), and (8);
                  (G) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively;
                  (H) by inserting after paragraph (1) the following:
          ``(2) Allocation.--
                  ``(A) In general.--Subject to subparagraphs (B), (C), 
                and (D), the allocation of grant funds to a State under 
                this subsection for a fiscal year shall be in 
                proportion to the State's apportionment under section 
                402 for fiscal year 2009.
                  ``(B) Primary offense laws.--A State that has enacted 
                and is enforcing a law that meets the requirements set 
                forth in paragraphs (3) and (4) as a primary offense 
                shall be allocated 100 percent of the amount calculated 
                under subparagraph (A).
                  ``(C) Secondary offense laws.--A State that has 
                enacted and is enforcing a law that meets the 
                requirements set forth in paragraphs (3) and (4) as a 
                secondary offense shall be allocated 50 percent of the 
                amount calculated under subparagraph (A).
                  ``(D) Texting while driving.--Notwithstanding 
                subparagraphs (B) and (C), a State shall be allocated 
                25 percent of the amount calculated under subparagraph 
                (A) if such State has enacted and is enforcing a law 
                that prohibits a driver from viewing a personal 
                wireless communication device, except for the purpose 
                of navigation.
          ``(3) Prohibition on handheld personal wireless communication 
        device use while driving.--A State law meets the requirements 
        set forth in this paragraph if the law--
                  ``(A) prohibits a driver from holding or using, 
                including texting, a personal wireless communications 
                device while driving, except for the use of a personal 
                wireless communications device--
                          ``(i) in a hands-free manner or with a hands-
                        free accessory; or
                          ``(ii) to activate or deactivate a feature or 
                        function of the personal wireless 
                        communications device;
                  ``(B) establishes a fine for a violation of the law; 
                and
                  ``(C) does not provide for an exemption that 
                specifically allows a driver to hold or use a personal 
                wireless communication device while stopped in traffic.
          ``(4) Prohibition on personal wireless communication device 
        use while driving or stopped in traffic.--A State law meets the 
        requirements set forth in this paragraph if the law--
                  ``(A) prohibits a driver from holding or using a 
                personal wireless communications device while driving 
                if the driver is--
                          ``(i) younger than 18 years of age; or
                          ``(ii) in the learner's permit or 
                        intermediate license stage described in 
                        subparagraph (A) or (B) of subsection (g)(2);
                  ``(B) establishes a fine for a violation of the law; 
                and
                  ``(C) does not provide for an exemption that 
                specifically allows a driver to use a personal wireless 
                communication device while stopped in traffic.''; and
                  (I) by inserting after paragraph (7) the following:
          ``(8) Rulemaking.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall issue such 
        regulations as are necessary to account for diverse State 
        approaches to combating distracted driving that--
                  ``(A) defines the terms personal wireless 
                communications device and texting for the purposes of 
                this subsection; and
                  ``(B) determines additional permitted exceptions that 
                are appropriate for a State law that meets the 
                requirements under paragraph (3) or (4).'';
          (7) in subsection (g)--
                  (A) in paragraph (1) by inserting ``subparagraphs (A) 
                and (B) of'' before ``paragraph (2)'';
                  (B) by striking paragraph (2) and inserting the 
                following:
          ``(2) Minimum requirements.--
                  ``(A) Tier 1 state.--A State shall be eligible for a 
                grant under this subsection as a Tier 1 State if such 
                State requires novice drivers younger than 18 years of 
                age to comply with a 2-stage graduated driver licensing 
                process before receiving an unrestricted driver's 
                license that includes--
                          ``(i) a learner's permit stage that--
                                  ``(I) is at least 180 days in 
                                duration;
                                  ``(II) requires that the driver be 
                                accompanied and supervised at all 
                                times; and
                                  ``(III) has a requirement that the 
                                driver obtain at least 40 hours of 
                                behind-the-wheel training with a 
                                supervisor; and
                          ``(ii) an intermediate stage that--
                                  ``(I) commences immediately after the 
                                expiration of the learner's permit 
                                stage;
                                  ``(II) is at least 180 days in 
                                duration; and
                                  ``(III) for the first 180 days of the 
                                intermediate stage, restricts the 
                                driver from--
                                          ``(aa) driving at night 
                                        between the hours of 11:00 p.m. 
                                        and at least 4:00 a.m. except--
                                                  ``(AA) when a parent, 
                                                guardian, driving 
                                                instructor, or licensed 
                                                driver who is at least 
                                                21 years of age is in 
                                                the motor vehicle; and
                                                  ``(BB) when driving 
                                                to and from work, 
                                                school and school-
                                                related activities, 
                                                religious activities, 
                                                for emergencies, or as 
                                                a member of voluntary 
                                                emergency service; and
                                          ``(bb) operating a motor 
                                        vehicle with more than 1 
                                        nonfamilial passenger younger 
                                        than 18 years of age, except 
                                        when a parent, guardian, 
                                        driving instructor, or licensed 
                                        driver who is at least 21 years 
                                        of age is in the motor vehicle.
                  ``(B) Tier 2 state.--A State shall be eligible for a 
                grant under this subsection as a Tier 2 State if such 
                State requires novice drivers younger than 18 years of 
                age to comply with a 2-stage graduated driver licensing 
                process before receiving an unrestricted driver's 
                license that includes--
                          ``(i) a learner's permit stage that--
                                  ``(I) is at least 180 days in 
                                duration;
                                  ``(II) requires that the driver be 
                                accompanied and supervised at all 
                                times; and
                                  ``(III) has a requirement that the 
                                driver obtain at least 50 hours of 
                                behind-the-wheel training, with at 
                                least 10 hours at night, with a 
                                supervisor; and
                          ``(ii) an intermediate stage that--
                                  ``(I) commences immediately after the 
                                expiration of the learner's permit 
                                stage;
                                  ``(II) is at least 180 days in 
                                duration; and
                                  ``(III) for the first 180 days of the 
                                intermediate stage, restricts the 
                                driver from--
                                          ``(aa) driving at night 
                                        between the hours of 10:00 p.m. 
                                        and at least 4:00 a.m. except--
                                                  ``(AA) when a parent, 
                                                guardian, driving 
                                                instructor, or licensed 
                                                driver who is at least 
                                                21 years of age is in 
                                                the motor vehicle; and
                                                  ``(BB) when driving 
                                                to and from work, 
                                                school and school-
                                                related activities, 
                                                religious activities, 
                                                for emergencies, or as 
                                                a member of voluntary 
                                                emergency service; and
                                          ``(bb) operating a motor 
                                        vehicle with any nonfamilial 
                                        passenger younger than 18 years 
                                        of age, except when a parent, 
                                        guardian, driving instructor, 
                                        or licensed driver who is at 
                                        least 21 years of age is in the 
                                        motor vehicle.'';
                  (C) in paragraph (3)--
                          (i) in subparagraph (A) by inserting 
                        ``subparagraphs (A) and (B) of'' before 
                        ``paragraph (2)''; and
                          (ii) in subparagraph (B) by inserting 
                        ``subparagraphs (A) and (B) of'' before 
                        ``paragraph (2)'' each place such term appears;
                  (D) in paragraph (4) by striking ``such fiscal year'' 
                and inserting ``fiscal year 2009''; and
                  (E) by striking paragraph (5) and inserting the 
                following:
          ``(5) Use of funds.--
                  ``(A) Tier 1 states.--A Tier 1 State shall use grant 
                funds provided under this subsection for--
                          ``(i) enforcing a 2-stage licensing process 
                        that complies with paragraph (2);
                          ``(ii) training for law enforcement personnel 
                        and other relevant State agency personnel 
                        relating to the enforcement described in clause 
                        (i);
                          ``(iii) publishing relevant educational 
                        materials that pertain directly or indirectly 
                        to the State graduated driver licensing law;
                          ``(iv) carrying out other administrative 
                        activities that the Secretary considers 
                        relevant to the State's 2-stage licensing 
                        process; or
                          ``(v) carrying out a teen traffic safety 
                        program described in section 402(m).
                  ``(B) Tier 2 states .--Of the grant funds made 
                available to a Tier 2 State under this subsection--
                          ``(i) 25 percent shall be used for any 
                        activity described in subparagraph (A); and
                          ``(ii) 75 percent may be used for any project 
                        or activity eligible under section 402.'';
          (8) by amending subsection (h)(4) to read as follows:
          ``(4) Use of grant amounts.--Grant funds received by a State 
        under this subsection may be used for the safety of pedestrians 
        and bicyclists, including--
                  ``(A) training of law enforcement officials on 
                pedestrian and bicycle safety, State laws applicable to 
                pedestrian and bicycle safety, and infrastructure 
                designed to improve pedestrian and bicycle safety;
                  ``(B) carrying out a program to support enforcement 
                mobilizations and campaigns designed to enforce State 
                traffic laws applicable to pedestrian and bicycle 
                safety;
                  ``(C) public education and awareness programs 
                designed to inform motorists, pedestrians, and 
                bicyclists about--
                          ``(i) pedestrian and bicycle safety, 
                        including information on nonmotorized mobility 
                        and the important of speed management to the 
                        safety of pedestrians and bicyclists;
                          ``(ii) the value of the use of pedestrian and 
                        bicycle safety equipment, including lighting, 
                        conspicuity equipment, mirrors, helmets and 
                        other protective equipment, and compliance with 
                        any State or local laws requiring their use;
                          ``(iii) State traffic laws applicable to 
                        pedestrian and bicycle safety, including 
                        motorists' responsibilities towards pedestrians 
                        and bicyclists; and
                          ``(iv) infrastructure designed to improve 
                        pedestrian and bicycle safety; and
                  ``(D) data analysis and research concerning 
                pedestrian and bicycle safety.''; and
          (9) by adding at the end the following:
  ``(i) Driver and Officer Safety Education.--
          ``(1) General authority.--Subject to the requirements under 
        this subsection, the Secretary shall award grants to--
                  ``(A) States that enact a commuter safety education 
                program; and
                  ``(B) States qualifying under paragraph (5)(A).
          ``(2) Federal share.--The Federal share of the costs of 
        activities carried out using amounts from a grant awarded under 
        this subsection may not exceed 80 percent.
          ``(3) Eligibility.--To be eligible for a grant under this 
        subsection, a State shall enact a law or adopt a program that 
        requires the following:
                  ``(A) Driver education and driving safety courses.--
                Inclusion, in driver education and driver safety 
                courses provided to individuals by educational and 
                motor vehicle agencies of the State, of instruction and 
                testing concerning law enforcement practices during 
                traffic stops, including information on--
                          ``(i) the role of law enforcement and the 
                        duties and responsibilities of peace officers;
                          ``(ii) an individual's legal rights 
                        concerning interactions with peace officers;
                          ``(iii) best practices for civilians and 
                        peace officers during such interactions;
                          ``(iv) the consequences for an individual's 
                        or officer's failure to comply with those laws 
                        and programs; and
                          ``(v) how and where to file a complaint 
                        against or a compliment on behalf of a peace 
                        officer.
                  ``(B) Peace officer training programs.--Development 
                and implementation of a training program, including 
                instruction and testing materials, for peace officers 
                and reserve law enforcement officers (other than 
                officers who have received training in a civilian 
                course described in subparagraph (A)) with respect to 
                proper interaction with civilians during traffic stops.
          ``(4) Grant amount.--The allocation of grant funds to a State 
        under this subsection for a fiscal year shall be in proportion 
        to the State's apportionment under section 402 for fiscal year 
        2009.
          ``(5) Special rule for certain states.--
                  ``(A) Qualifying state.--A State qualifies pursuant 
                to this subparagraph if--
                          ``(i) the Secretary determines such State has 
                        taken meaningful steps toward the full 
                        implementation of a law or program described in 
                        paragraph (3);
                          ``(ii) the Secretary determines such State 
                        has established a timetable for the 
                        implementation of such a law or program; and
                          ``(iii) such State has received a grant 
                        pursuant to this subsection for a period of not 
                        more than 5 years.
                  ``(B) Withholding.--With respect to a State that 
                qualifies pursuant to subparagraph (A), the Secretary 
                shall--
                          ``(i) withhold 50 percent of the amount that 
                        such State would otherwise receive if such 
                        State were a State described in paragraph 
                        (1)(A); and
                          ``(ii) direct any such amounts for 
                        distribution among the States that are 
                        enforcing and carrying out a law or program 
                        described in paragraph (3).
          ``(6) Use of grant amounts.--A State receiving a grant under 
        this subsection may use such grant--
                  ``(A) for the production of educational materials and 
                training of staff for driver education and driving 
                safety courses and peace officer training described in 
                paragraph (3); and
                  ``(B) for the implementation of the law described in 
                paragraph (3).''.
  (b) Conforming Amendment.--Sections 402, 403, and 405 of title 23, 
United States Code, are amended--
          (1) by striking ``accidents'' and inserting ``crashes'' each 
        place it appears; and
          (2) by striking ``accident'' and inserting ``crash'' each 
        place it appears.

SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE 
                    INTOXICATED OR DRIVING UNDER THE INFLUENCE.

  Section 164(b)(1) of title 23, United States Code, is amended--
          (1) in subparagraph (A) by striking ``alcohol-impaired'' and 
        inserting ``alcohol or polysubstance-impaired''; and
          (2) in subparagraph (B)--
                  (A) by striking ``alcohol-impaired'' and inserting 
                ``alcohol or polysubstance-impaired'';
                  (B) by striking ``or'' and inserting a comma; and
                  (C) by inserting ``, or driving while polysubstance-
                impaired'' after ``driving under the influence''.

SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.

  Section 4010(2) of the FAST Act (23 U.S.C. 405 note) is amended by 
striking ``deficiencies'' and inserting ``all deficiencies''.

SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING GRANTS.

  (a) In General.--The Secretary of Transportation shall make grants to 
institutions of higher education (as such term is defined in section 
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to carry out 
research, development, technology transfer, and training activities in 
the operation or establishment of an implicit bias training program as 
it relates to racial profiling at traffic stops.
  (b) Qualifications.--To be eligible for a grant under this section, 
an institution of higher education shall--
          (1) have an active research program or demonstrate, to the 
        satisfaction of the Secretary, that the applicant is beginning 
        a research program to study implicit bias as it relates to 
        racial profiling before and during traffic stops; and
          (2) partner with State and local police departments to 
        conduct the research described in paragraph (1) and carry out 
        the implementation of implicit bias training with State and 
        local police departments.
  (c) Report.--No later than 1 year after a grant has been awarded 
under this section, the institution of higher education awarded the 
grant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report 
summarizing the research on implicit bias as it relates to racial 
profiling before and during traffic stops, and recommendations on 
effective interventions and trainings.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated $20,000,000 for each fiscal year to carry out this 
section.
  (e) Definitions.--In this section, the term ``implicit bias training 
program'' means a program that looks at the attitudes, stereotypes, and 
lenses human beings develop through various experiences in life that 
can unconsciously affect how they interact with one another.

SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING.

  Section 4007 of the FAST Act (23 U.S.C. 153 note) is amended--
          (1) in paragraph (1) by striking ``or'' at the end;
          (2) in paragraph (2) by striking the period at the end and 
        inserting ``; or''; and
          (3) by adding at the end the following:
          ``(3) otherwise profile and stop motorcycle operators or 
        motorcycle passengers using as a factor the clothing or mode of 
        transportation of such operators or passengers.''.

SEC. 3012. ELECTRONIC DRIVER'S LICENSE.

  (a) REAL ID Act.--Section 202(a)(1) of the REAL ID Act of 2005 (49 
U.S.C. 30301 note) is amended by striking ``a driver's license or 
identification card'' and inserting ``a physical or digital driver's 
license or identification card''.
  (b) Title 18.--Section 1028(d)(7)(A) of title 18, United States Code, 
is amended by striking ``government issued driver's license'' and 
inserting ``government issued physical or digital driver's license''.

SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL.

  (a) Short Title.--This section may be cited as the ``Motorcyclist 
Advisory Council Reauthorization Act''.
  (b) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a Motorcyclist Advisory Council (in this section referred to as the 
``Council'').
  (c) Duties.--
          (1) Advising.--The Council shall advise the Secretary, the 
        Administrator of the National Highway Traffic Safety 
        Administration, and the Administrator of the Federal Highway 
        Administration on transportation issues of concern to 
        motorcyclists, including--
                  (A) barrier design;
                  (B) road design, construction, and maintenance 
                practices; and
                  (C) the architecture and implementation of 
                intelligent transportation system technologies.
          (2) Biennial council report.--
                  (A) In general.--The Council shall submit a report to 
                the Secretary containing the Council's recommendations 
                regarding the issues described in paragraph (1) on 
                which the Council provides advice pursuant to such 
                paragraph.
                  (B) Timing.--Not later than October 31 of the 
                calendar year following the calendar year in which the 
                Council is established, and by every 2nd October 31 
                thereafter, the Council shall submit the report 
                required under this paragraph.
  (d) Membership.--
          (1) In general.--The Council shall be comprised of 12 members 
        appointed by the Secretary as follows:
                  (A) Five experts from State or local government on 
                highway engineering issues, including--
                          (i) barrier design;
                          (ii) road design, construction, and 
                        maintenance; or
                          (iii) intelligent transportation systems.
                  (B) One State or local traffic and safety engineer, 
                design engineer, or other transportation department 
                official who is a motorcyclist.
                  (C) One representative from a national association of 
                State transportation officials.
                  (D) One representative from a national motorcyclist 
                association.
                  (E) One representative from a national motorcyclist 
                foundation.
                  (F) One representative from a national motorcycle 
                manufacturing association.
                  (G) One roadway safety data expert on crash testing 
                and analysis.
                  (H) One member of a national safety organization that 
                represents the traffic safety systems industry.
          (2) Duration.--
                  (A) Term.--Subject to subparagraphs (B) and (C), each 
                member shall serve one term of 2 years.
                  (B) Additional terms.--If a successor is not 
                designated for a member before the expiration of the 
                term the member is serving, the member may serve 
                another term.
                  (C) Appointment of replacements.--If a member resigns 
                before serving a full 2-year term, the Secretary may 
                appoint a replacement for such member to serve the 
                remaining portion such term. A member may continue to 
                serve after resignation until a successor has been 
                appointed. A vacancy in the Council shall be filled in 
                the manner in which the original appointment was made.
          (3) Compensation.--Members shall serve without compensation.
  (e) Termination.--The Council shall terminate 6 years after the date 
of its establishment.
  (f) Duties of the Secretary.--
          (1) Accept or reject recommendation.--
                  (A) Secretary determines.--The Secretary shall 
                determine whether to accept or reject a recommendation 
                contained in a Council report.
                  (B) Timing.--
                          (i) Must accept or reject.--The Secretary 
                        must indicate in each report submitted under 
                        this section the Secretary's acceptance or 
                        rejection of each recommendation listed in such 
                        report.
                          (ii) Exception.--The Secretary may indicate 
                        in a report submitted under this section that a 
                        recommendation is under consideration. If the 
                        Secretary does so, the Secretary must accept or 
                        reject the recommendation in the next report 
                        submitted under this section.
          (2) Report.--
                  (A) In general.--Not later than 60 days after the 
                Secretary receives a Council report, the Secretary 
                shall submit a report to the following committees and 
                subcommittees:
                          (i) The Committee on Transportation and 
                        Infrastructure of the House of Representatives.
                          (ii) The Committee on Environment and Public 
                        Works of the Senate.
                          (iii) The Committee on Commerce, Science, and 
                        Transportation of the Senate.
                          (iv) The Subcommittee on Transportation, and 
                        Housing and Urban Development, and Related 
                        Agencies of the Committee on Appropriations of 
                        the House of Representatives.
                          (v) The Subcommittee on Transportation, and 
                        Housing and Urban Development, and Related 
                        Agencies of the Committee on Appropriations of 
                        the Senate.
                  (B) Contents.--A report submitted under this 
                subsection shall include--
                          (i) a list containing--
                                  (I) each recommendation contained in 
                                the Council report described in 
                                paragraph (1); and
                                  (II) each recommendation indicated as 
                                under consideration in the previous 
                                report submitted under this subsection; 
                                and
                          (ii) for each such recommendation, whether it 
                        is accepted, rejected, or under consideration 
                        by the Secretary.
          (3) Administrative and technical support.--The Secretary 
        shall provide such administrative support, staff, and technical 
        assistance to the Council as the Secretary determines to be 
        necessary for the Council to carry out its duties.
  (g) Definitions.--In this section:
          (1) Council report.--The term ``Council report'' means the 
        report described in subsection (f)(2).
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Transportation.

SEC. 3014. REPORT ON MARIJUANA RESEARCH.

  (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation, in consultation with the 
Attorney General and the Secretary of Health and Human Services, shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and make publicly available on the 
Department of Transportation website, a report and recommendations on--
          (1) increasing and improving access, for scientific 
        researchers studying impairment while driving under the 
        influence of marijuana, to samples and strains of marijuana and 
        products containing marijuana lawfully being offered to 
        patients or consumers in a State on a retail basis;
          (2) establishing a national clearinghouse to collect and 
        distribute samples and strains of marijuana for scientific 
        research that includes marijuana and products containing 
        marijuana lawfully available to patients or consumers in a 
        State on a retail basis;
          (3) facilitating access, for scientific researchers located 
        in States that have not legalized marijuana for medical or 
        recreational use, to samples and strains of marijuana and 
        products containing marijuana from such clearinghouse for 
        purposes of research on marijuana-impaired driving; and
          (4) identifying Federal statutory and regulatory barriers to 
        the conduct of scientific research and the establishment of a 
        national clearinghouse for purposes of facilitating research on 
        marijuana-impaired driving.
  (b) Definition of Marijuana.--In this section, the term ``marijuana'' 
has the meaning given such term in section 4008 of the FAST Act (Public 
Law 114-94).

SEC. 3015. COMPTROLLER GENERAL STUDY ON NATIONAL DUI REPORTING.

  (a) In General.--The Comptroller General of the United States shall 
conduct a study on the reporting of alcohol-impaired driving arrest and 
citation results into Federal databases to facilitate the widespread 
identification of repeat impaired driving offenders.
  (b) Inclusions.--The study conducted under subsection (a) shall 
include a detailed assessment of--
          (1) the extent to which State and local criminal justice 
        agencies are reporting alcohol-impaired driving arrest and 
        citation results into Federal databases;
          (2) barriers on the Federal, State, and local levels to the 
        reporting of alcohol-impaired driving arrest and citation 
        results into Federal databases, as well as barriers to the use 
        of those systems by criminal justice agencies;
          (3) Federal, State, and local resources available to improve 
        the reporting of alcohol-impaired driving arrest and citation 
        results into Federal databases;
          (4) recommendations for policies and programs to be carried 
        out by the National Highway Traffic Safety Administration; and
          (5) recommendations for programs and grant funding to be 
        authorized by Congress.
  (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the appropriate committees of Congress a report on the results of the 
study conducted under subsection (a).

SEC. 3016. REPORT ON IMPAIRED DRIVING.

  Not later than 2 years after the date of enactment of this Act, the 
Secretary of Transportation, in consultation with the heads of 
appropriate Federal agencies, State highway safety offices, State 
toxicologists, traffic safety advocates, and other interested parties, 
shall submit to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives a report that, using the National Safety 
Council model guidelines for toxicology testing--
          (1) identifies any barriers that States encounter in 
        submitting the alcohol and drug toxicology results to the 
        Fatality Analysis Reporting System;
          (2) provides recommendations on how to address any barriers 
        identified under paragraph (1);
          (3) provides further steps that the Secretary, acting through 
        the Administrator of the National Highway Traffic Safety 
        Administration, shall take to assist States in improving--
                  (A) toxicology testing in cases of motor vehicle 
                crashes; and
                  (B) the reporting of alcohol and drug toxicology 
                results in cases of motor vehicle crashes.

SEC. 3017. IMPAIRED DRIVING COUNTERMEASURE.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) a priority should be placed on creating State systems, 
        programs, and processes that improve impaired driving detection 
        in cases in which alcohol, drugs, and especially multiple 
        substances are involved;
          (2) States and communities should have access to a broader 
        range of countermeasures, technologies, and resources to 
        address multiple substance impaired driving; and
          (3) increased Federal funding should be made available for 
        efforts to improve public safety through the approaches 
        described in paragraphs (1) and (2).
  (b) Purpose.--The purpose of this section is to increase national 
investment in, and maximize the use of, innovative programs and 
technologies to eliminate multiple substance impaired driving.
  (c) Impaired Driving Countermeasures.--Section 405(d) of title 23, 
United States Code, is amended--
          (1) in paragraph (4)--
                  (A) in subparagraph (B)--
                          (i) by striking clause (iii) and inserting 
                        the following:
                          ``(iii)(I) court support of high-visibility 
                        enforcement efforts;
                          ``(II) hiring criminal justice professionals, 
                        including law enforcement officers, 
                        prosecutors, traffic safety resource 
                        prosecutors, judges, judicial outreach 
                        liaisons, and probation officers;
                          ``(III) training and education of the 
                        criminal justice professionals described in 
                        subclause (II) to assist those professionals in 
                        preventing impaired driving and handling 
                        impaired driving cases, including by providing 
                        compensation to a law enforcement officer to 
                        replace a law enforcement officer who is--
                                  ``(aa) receiving such drug 
                                recognition expert training; or
                                  ``(bb) participating as an instructor 
                                in such drug recognition expert 
                                training; and
                                  ``(IV) establishing driving while 
                                intoxicated courts;'';
                          (ii) by striking clauses (v) and (vi) and 
                        inserting the following:
                          ``(v) improving--
                                  ``(I) blood alcohol concentration 
                                screening and testing;
                                  ``(II) the detection of potentially 
                                impairing drugs, including through the 
                                use of oral fluid as a specimen; and
                                  ``(III) reporting relating to the 
                                testing and detection described in 
                                subclauses (I) and (II);
                          ``(vi)(I) paid and earned media in support of 
                        high-visibility enforcement efforts;
                          ``(II) conducting initial and continuing--
                                  ``(aa) standardized field sobriety 
                                training, advanced roadside impaired 
                                driving enforcement training, and drug 
                                recognition expert training for law 
                                enforcement; and
                                  ``(bb) law enforcement phlebotomy 
                                training; and
                          ``(III) to purchase equipment to carry out 
                        impaired driving enforcement activities 
                        authorized by this subsection;'';
                          (iii) in clause (ix), by striking ``and'' at 
                        the end;
                          (iv) in clause (x), by striking the period at 
                        the end and inserting ``; and''; and
                          (v) by adding at the end the following:
                          ``(xi) testing and implementing programs and 
                        purchasing technologies to better identify, 
                        monitor, or treat impaired drivers, including--
                                  ``(I) oral fluid screening 
                                technologies;
                                  ``(II) electronic warrant programs;
                                  ``(III) equipment to increase the 
                                scope, quantity, quality, and 
                                timeliness of forensic toxicology 
                                chemical testing;
                                  ``(IV) case management software to 
                                support the management of impaired 
                                driving offenders; and
                                  ``(V) technology to monitor impaired 
                                driving offenders.''; and
                  (B) in subparagraph (C)--
                          (i) in the second sentence, by striking 
                        ``Medium-range'' and inserting the following:
                          ``(ii) Medium-range and high-range states.--
                        Subject to clause (iii), medium-range'';
                          (ii) in the first sentence, by striking 
                        ``Low-range'' and inserting the following:
                          ``(i) Low-range states.--Subject to clause 
                        (iii), low-range''; and
                          (iii) by adding at the end the following:
                          ``(iii) All states.--
                                  ``(I) Reporting of impaired driving 
                                criminal justice information.--A State 
                                may use grant funds for any expenditure 
                                designed to increase the timely and 
                                accurate reporting of crash 
                                information, including electronic crash 
                                reporting systems that allow accurate 
                                real-time or near real-time uploading 
                                of crash information, and impaired 
                                driving criminal justice information to 
                                Federal, State, and local databases.
                                  ``(II) Impaired driving 
                                countermeasures.--A State may use grant 
                                funds for any expenditure to research 
                                or evaluate impaired driving 
                                countermeasures.''; and
          (2) in paragraph (7)(A), in the matter preceding clause (i), 
        by inserting ``or local'' after ``authorizes a State''.

                     TITLE IV--MOTOR CARRIER SAFETY

   Subtitle A--Motor Carrier Safety Grants, Operations, and Programs

SEC. 4101. MOTOR CARRIER SAFETY GRANTS.

  (a) In General.--Section 31104 of title 49, United States Code, is 
amended--
          (1) by striking subsection (a) and inserting the following:
  ``(a) Financial Assistance Programs.--The following sums are 
authorized to be appropriated from the Highway Trust Fund (other than 
the Mass Transit Account):
          ``(1) Motor carrier safety assistance program.--Subject to 
        paragraph (2) and subsection (c), to carry out section 31102 
        (except subsection (l))--
                  ``(A) $388,950,000 for fiscal year 2023;
                  ``(B) $398,700,000 for fiscal year 2024;
                  ``(C) $408,900,000 for fiscal year 2025; and
                  ``(D) $418,425,000 for fiscal year 2026.
          ``(2) High-priority activities program.--Subject to 
        subsection (c), to carry out section 31102(l)--
                  ``(A) $72,604,000 for fiscal year 2023;
                  ``(B) $74,424,000 for fiscal year 2024;
                  ``(C) $76,328,000 for fiscal year 2025; and
                  ``(D) $78,106,000 for fiscal year 2026.
          ``(3) Commercial motor vehicle operators grant program.--To 
        carry out section 31103--
                  ``(A) $1,037,200 for fiscal year 2023;
                  ``(B) $1,063,200 for fiscal year 2024;
                  ``(C) $1,090,400 for fiscal year 2025; and
                  ``(D) $1,115,800 for fiscal year 2026.
          ``(4) Commercial driver's license program implementation 
        program.--Subject to subsection (c), to carry out section 
        31313--
                  ``(A) $56,008,800 for fiscal year 2023;
                  ``(B) $57,412,800 for fiscal year 2024;
                  ``(C) $58,881,600 for fiscal year 2025; and
                  ``(D) $60,253,200 for fiscal year 2026.'';
          (2) by striking subsection (c) and inserting the following:
  ``(c) Partner Training and Program Support.--
          ``(1) In general.--On October 1 of each fiscal year, or as 
        soon after that date as practicable, the Secretary may deduct 
        from amounts made available under paragraphs (1), (2), and (4) 
        of subsection (a) for that fiscal year not more than 1.8 
        percent of those amounts for partner training and program 
        support in that fiscal year.
          ``(2) Use of funds.--The Secretary shall use at least 50 
        percent of the amounts deducted under paragraph (1) on training 
        and related training materials for non-Federal Government 
        employees.
          ``(3) Partnership.--The Secretary shall carry out the 
        training and development of materials pursuant to paragraph (2) 
        in partnership with one or more nonprofit organizations, 
        through a competitive grant, that have--
                  ``(A) expertise in conducting a training program for 
                non-Federal Government employees; and
                  ``(B) a demonstrated ability to involve in a training 
                program the target population of commercial motor 
                vehicle safety enforcement employees.'';
          (3) in subsection (f)--
                  (A) in paragraph (1) by striking ``the next fiscal 
                year'' and inserting ``the following 2 fiscal years'';
                  (B) in paragraph (2)--
                          (i) by striking ``section 31102(l)(2)'' and 
                        inserting ``paragraphs (2) and (4) of section 
                        31102(l)'';
                          (ii) by striking ``the next 2 fiscal years'' 
                        and inserting ``the following 3 fiscal years''; 
                        and
                  (C) in paragraph (3) by striking ``the next 4 fiscal 
                years'' and inserting ``the following 5 fiscal years''; 
                and
          (4) by adding at the end the following:
  ``(j) Treatment of Reallocations.--Amounts that are obligated and 
subsequently, after the date of enactment of this subsection, released 
back to the Secretary under subsection (i) shall not be subject to 
limitations on obligations provided under any other provision of 
law.''.
  (b) Commercial Driver's License Program Implementation Financial 
Assistance Program.--Section 31313(b) of title 49, United States Code, 
is amended--
          (1) by striking the period at the end and inserting ``; 
        and'';
          (2) by striking ``A recipient'' and inserting the following: 
        ``In participating in financial assistance program under this 
        section--
          ``(1) a recipient''; and
          (3) by adding at the end the following:
          ``(2) a State may not receive more than $250,000 in grants 
        under subsection (a)(2)(B) in any fiscal year--
                  ``(A) in which the State prohibits private commercial 
                driving schools or independent commercial driver's 
                license testing facilities from offering a commercial 
                driver's license skills test as a third-party tester; 
                or
                  ``(B) in which a State fails to report to the 
                Administrator of the Federal Motor Carrier Safety 
                Administration, during the previous fiscal year, the 
                average number of days of delays for an initial 
                commercial driver's license skills test or retest 
                within the State.''.

SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS.

  (a) In General.--Section 31110 of title 49, United States Code, is 
amended by striking subsection (a) and inserting the following:
  ``(a) Administrative Expenses.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to pay administrative 
expenses of the Federal Motor Carrier Safety Administration--
          ``(1) $380,500,000 for fiscal year 2023;
          ``(2) $381,500,000 for fiscal year 2024;
          ``(3) $382,500,000 for fiscal year 2025; and
          ``(4) $384,500,000 for fiscal year 2026.''.
  (b) Administrative Expenses.--
          (1) Use of funds.--The Administrator of the Federal Motor 
        Carrier Safety Administration shall use funds made available in 
        subsection (a) for--
                  (A) acceleration of planned investments to modernize 
                the Administration's information technology and 
                information management systems;
                  (B) completing outstanding mandates;
                  (C) carrying out a Large Truck Crash Causal Factors 
                Study of the Administration;
                  (D) construction and maintenance of border 
                facilities; and
                  (E) other activities authorized under section 
                31110(b) of title 49, United States Code.
          (2) Definition of outstanding mandate.--In this subsection, 
        the term ``outstanding mandate'' means a requirement for the 
        Federal Motor Carrier Safety Administration to issue 
        regulations, undertake a comprehensive review or study, conduct 
        a safety assessment, or collect data--
                  (A) under this Act;
                  (B) under MAP-21 (Public Law 112-141), that has not 
                been published in the Federal Register, if required, or 
                otherwise completed as of the date of enactment of this 
                Act;
                  (C) under the FAST Act (Public Law 114-94), that has 
                not been published in the Federal Register, if 
                required, or otherwise completed as of the date of 
                enactment of this Act; and
                  (D) under any other Act enacted before the date of 
                enactment of this Act that has not been published in 
                the Federal Register by the date required in such Act.

SEC. 4103. IMMOBILIZATION GRANT PROGRAM.

  Section 31102(l) of title 49, United States Code, is amended--
          (1) in paragraph (1) by striking ``and (3)'' and inserting 
        ``, (3), and (4)'';
          (2) in paragraph (2)(F)(ii)(II) by inserting ``, specifically 
        including the priority activities described in paragraph (4)'' 
        after ``required for participation''; and
          (3) by adding at the end the following:
          ``(4) Prioritization of immobilizing unsafe passenger-
        carrying commercial motor vehicles.--
                  ``(A) In general.--The Secretary shall prioritize the 
                awarding of discretionary grants to States for 
                activities related to paragraph (2)(F)(II) for the 
                enforcement of out of service orders if such vehicles 
                are found to be unsafe or have violated a Federal out 
                of service order.
                  ``(B) Eligibility.--To be eligible for a grant 
                described under this paragraph, a State shall have the 
                authority to require the immobilization or impoundment 
                of a passenger-carrying commercial motor vehicle if 
                such vehicle is found to be unsafe or fail inspection 
                or to have violated a Federal out of service order.
                  ``(C) Use of funds.--Grant funds received under this 
                paragraph may be used for--
                          ``(i) the immobilization or impoundment of 
                        commercial motor vehicles that are unsafe, fail 
                        inspection, or have violated a Federal out of 
                        service order;
                          ``(ii) safety inspections of vehicles 
                        described in clause (i);
                          ``(iii) other activities related to the 
                        activities described in clauses (i) and (ii), 
                        as determined by the Secretary.
                  ``(D) Passenger-carrying commercial motor vehicle 
                defined.--In this paragraph, the term `passenger-
                carrying commercial motor vehicle' has the meaning 
                given such term in section 31301.''.

SEC. 4104. OPERATION OF SMALL COMMERCIAL VEHICLES STUDY.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall initiate a review of 
the prevalence of, characteristics of, and safe operation of commercial 
vehicles that have a gross vehicle weight rating or gross vehicle 
weight below 10,000 pounds, and are utilized in package delivery of 
goods moving in interstate commerce.
  (b) Independent Research.--If the Secretary decides to enter into a 
contract with a third party to perform the research required under 
subsection (a), the Secretary shall--
          (1) solicit applications from research institutions that 
        conduct objective, fact-based research to conduct the study; 
        and
          (2) ensure that such third party does not have any financial 
        or contractual ties with an entity engaged in interstate 
        commerce utilizing commercial vehicles or commercial motor 
        vehicles.
  (c) Entities Included.--As part of the review, the Secretary shall 
collect information from a cross-section of companies that use fleets 
of such vehicles for package delivery in interstate commerce, including 
companies that--
          (1) directly perform deliveries;
          (2) use contracted entities to perform work; and
          (3) utilize a combination of direct deliveries and contract 
        entities.
  (d) Evaluation Factors.--The review shall include an evaluation of 
the following:
          (1) Fleet characteristics, including fleet structure, and 
        vehicle miles traveled.
          (2) Fleet management, including scheduling of deliveries and 
        maintenance practices.
          (3) Driver employment characteristics, including the basis of 
        compensation and classification.
          (4) How training, medical fitness, hours on duty, and safety 
        of drivers is evaluated and overseen by companies, including 
        prevention of occupational injuries and illnesses.
          (5) Safety performance metrics, based on data associated with 
        the included entities, including crash rates, moving 
        violations, failed inspections, and other related data points.
          (6) Financial responsibility and liability for safety or 
        maintenance violations among companies, fleet managers, and 
        drivers.
          (7) Loading and unloading practices, and how package volume 
        and placement in the vehicle is determined.
          (8) Information on the use of driver safety applications, if 
        applicable.
          (9) Information on work-related injury and illness data of 
        drivers.
          (10) Other relevant information determined necessary by the 
        Secretary in order to make recommendations under subsection 
        (e).
  (e) Report and Recommendations.--Upon completion of the review, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce of the Senate a report containing--
          (1) the findings of the Secretary on each of the factors in 
        (d);
          (2) a list of regulations applicable to commercial motor 
        vehicles and commercial motor vehicle operators that are not 
        applicable to commercial vehicle operations described in this 
        section; and
          (3) recommendations, based on the findings, on changes to 
        laws or regulations at the Federal, State, or local level to 
        promote safe operations and safe and fair working conditions 
        for commercial vehicle operators.

               Subtitle B--Motor Carrier Safety Oversight

SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

  Section 4144 of SAFETEA-LU (49 U.S.C. 31100 note) is amended--
          (1) in subsection (b)(1) by inserting ``, including small 
        business motor carriers'' after ``industry''; and
          (2) in subsection (d) by striking ``September 30, 2013'' and 
        inserting ``September 30, 2026''.

SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall implement a revised 
methodology to be used in the Compliance, Safety, Accountability 
program of the Federal Motor Carrier Safety Administration to identify 
and prioritize motor carriers for intervention, using the 
recommendations of the study required by section 5221(a) of the FAST 
Act (49 U.S.C. 31100 note).
  (b) Data Availability.--The Secretary shall, in working toward 
implementation of the revised methodology described in subsection (a) 
prioritize revisions necessary to--
          (1) restore the public availability of all relevant safety 
        data under a revised methodology; and
          (2) make such safety data publicly available that was made 
        publicly available on the day before the date of enactment of 
        the FAST Act, as appropriate under a revised methodology.
  (c) Implementation.--
          (1) Progress reports.--Not later than 30 days after the date 
        of enactment of this Act, and every 90 days thereafter until 
        the date on which the Secretary implements the revised 
        methodology described in subsection (a), the Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate, and make publicly 
        available on a website of the Department of Transportation, a 
        progress report on--
                  (A) the status of the revision of the methodology and 
                related data modifications under subsection (a), a 
                timeline for completion of such revision, and an 
                estimated date for implementation of such revised 
                methodology;
                  (B) an explanation for any delays in development or 
                implementation of the revised methodology over the 
                reporting period; and
                  (C) if the Secretary has not resumed making publicly 
                available the data described in subsection (b), an 
                updated timeline for the restoration of the public 
                availability of data and a detailed explanation for why 
                such restoration has not occurred.
          (2) Publication and notification.--Prior to commencing the 
        use of the revised methodology described in subsection (a) to 
        identify and prioritize motor carriers for intervention (other 
        than in a testing capacity), the Secretary shall--
                  (A) publish a detailed summary of the methodology in 
                the Federal Register and provide a period for public 
                comment; and
                  (B) notify the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, in writing.
  (d) Safety Fitness Rule.--
          (1) Rulemaking.--Not later than 1 year after the date on 
        which the Secretary notifies Congress under subsection (c)(2), 
        the Secretary shall issue final regulations pursuant to section 
        31144(b) of title 49, United States Code, to revise the 
        methodology for issuance of motor carrier safety fitness 
        determinations.
          (2) Considerations.--In issuing the regulations under 
        paragraph (1), the Secretary shall consider the use of all 
        available data to determine the fitness of a motor carrier.
  (e) Repeal.--Section 5223 of the FAST Act (49 U.S.C. 31100 note), and 
the item related to such section in the table of contents in section 
1(b) of such Act, are repealed.

SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS.

  Section 31315 of title 49, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in paragraph (4)(A) by inserting ``, including 
                data submission requirements,'' after ``terms and 
                conditions''; and
                  (B) by striking paragraph (8) and inserting the 
                following:
          ``(8) Terms and conditions.--
                  ``(A) In general.--The Secretary shall establish 
                terms and conditions for each exemption to ensure that 
                the exemption will not likely degrade the level of 
                safety achieved by the person or class of persons 
                granted the exemption, and allow the Secretary to 
                evaluate whether an equivalent level of safety is 
                maintained while the person or class of persons is 
                operating under such exemption, including--
                          ``(i) requiring the regular submission of 
                        accident and incident data to the Secretary;
                          ``(ii) requiring immediate notification to 
                        the Secretary in the event of a crash that 
                        results in a fatality or serious bodily injury;
                          ``(iii) for exemptions granted by the 
                        Secretary related to hours of service rules 
                        under part 395 of title 49, Code of Federal 
                        Regulations, requiring that the exempt person 
                        or class of persons submit to the Secretary 
                        evidence of participation in a recognized 
                        fatigue management plan; and
                          ``(iv) providing documentation of the 
                        authority to operate under the exemption to 
                        each exempt person, to be used to demonstrate 
                        compliance if requested by a motor carrier 
                        safety enforcement officer during a roadside 
                        inspection.
                  ``(B) Implementation.--The Secretary shall monitor 
                the implementation of the exemption to ensure 
                compliance with its terms and conditions.''; and
          (2) in subsection (e) by inserting ``, based on an analysis 
        of data collected by the Secretary and submitted to the 
        Secretary under subsection (b)(8)'' after ``safety''.

SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PASSENGERS.

  Section 31144(i) of title 49, United States Code, is amended--
          (1) in paragraph (1)--
                  (A) in subparagraph (A) by striking ``who the 
                Secretary registers under section 13902 or 31134''; and
                  (B) in subparagraph (B) by inserting ``to motor 
                carriers of passengers and'' after ``apply''; and
          (2) by adding at the end the following:
          ``(5) Motor carrier of passengers defined.--In this 
        subsection, the term `motor carrier of passengers' includes an 
        offeror of motorcoach services that sells scheduled 
        transportation of passengers for compensation at fares and on 
        schedules and routes determined by such offeror, regardless of 
        ownership or control of the vehicles or drivers used to provide 
        the transportation by motorcoach.''.

SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES.

  Section 13506(b) of title 49, United States Code, is amended--
          (1) in paragraph (2) by striking ``or'' at the end;
          (2) in paragraph (3) by striking the period at the end and 
        inserting ``; or''; and
          (3) by adding at the end the following:
          ``(4) transportation by a motor vehicle designed or used to 
        transport between 9 and 15 passengers (including the driver), 
        whether operated alone or with a trailer attached for the 
        transport of recreational equipment, that is operated by a 
        person that provides recreational activities if--
                  ``(A) the transportation is provided within a 150 
                air-mile radius of the location where passengers are 
                boarded; and
                  ``(B) the person operating the motor vehicle, if 
                transporting passengers over a route between a place in 
                a State and a place in another State, is otherwise 
                lawfully providing transportation of passengers over 
                the entire route in accordance with applicable State 
                law.''.

SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF 
                    HOUSEHOLD GOODS IN INTERSTATE COMMERCE.

  (a) Definitions.--In this section:
          (1) Administration.--The term ``Administration'' means the 
        Federal Motor Carrier Safety Administration.
          (2) Covered carrier.--The term ``covered carrier'' means a 
        motor carrier that is--
                  (A) engaged in the interstate transportation of 
                household goods; and
                  (B) subject to the requirements of part 375 of title 
                49, Code of Federal Regulations (as in effect on the 
                effective date of the amendments required by subsection 
                (b)).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Transportation.
  (b) Amendments to Regulations.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall issue a notice of 
proposed rulemaking to amend regulations related to the interstate 
transportation of household goods.
  (c) Considerations.--In issuing the notice of proposed rulemaking 
under subsection (b), the Secretary shall consider the following 
recommended amendments to provisions of title 49, Code of Federal 
Regulations:
          (1) Section 375.207(b) to require each covered carrier to 
        include on the website of the covered carrier a link--
                  (A) to the publication of the Administration titled 
                ``Ready to Move-Tips for a Successful Interstate Move'' 
                (ESA 03005) on the website of the Administration; or
                  (B) to a copy of the publication referred to in 
                subparagraph (A) on the website of the covered carrier.
          (2) Subsections (a) and (b)(1) of section 375.213 to require 
        each covered carrier to provide to each individual shipper, 
        with any written estimate provided to the shipper, a copy of 
        the publication described in appendix A of part 375 of such 
        title, entitled ``Your Rights and Responsibilities When You 
        Move'' (ESA-03-006 (or a successor publication)), in the form 
        of a written copy or a hyperlink on the website of the covered 
        carrier to the location on the website of the Administration 
        containing such publication.
          (3) Subsection (e) of section 375.213, to repeal such 
        subsection.
          (4) Section 375.401(a), to require each covered carrier--
                  (A) to conduct a visual survey of the household goods 
                to be transported by the covered carrier--
                          (i) in person; or
                          (ii) virtually, using--
                                  (I) a remote camera; or
                                  (II) another appropriate technology;
                  (B) to offer a visual survey described in 
                subparagraph (A) for all household goods shipments, 
                regardless of the distance between--
                          (i) the location of the household goods; and
                          (ii) the location of the agent of the covered 
                        carrier preparing the estimate; and
                  (C) to provide to each shipper a copy of publication 
                of the Administration titled ``Ready to Move-Tips for a 
                Successful Interstate Move'' (ESA 03005) on receipt 
                from the shipper of a request to schedule, or a waiver 
                of, a visual survey offered under subparagraph (B).
          (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and 
        375.405(b)(7)(ii), and subpart D of appendix A of part 375, to 
        require that, in any case in which a shipper tenders any 
        additional item or requests any additional service prior to 
        loading a shipment, the affected covered carrier shall--
                  (A) prepare a new estimate; and
                  (B) maintain a record of the date, time, and manner 
                in which the new estimate was accepted by the shipper.
          (6) Section 375.501(a), to establish that a covered carrier 
        is not required to provide to a shipper an order for service if 
        the covered carrier elects to provide the information described 
        in paragraphs (1) through (15) of such section in a bill of 
        lading that is presented to the shipper before the covered 
        carrier receives the shipment.
          (7) Subpart H of part 375, to replace the replace the terms 
        ``freight bill'' and ``expense bill'' with the term 
        ``invoice''.

SEC. 4207. BROKER GUIDANCE.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall issue guidance to 
clarify the definitions of the terms ``broker'' and ``bona fide 
agents'' under part 371 of title 49, Code of Federal Regulations.
  (b) Considerations.--In issuing the guidance under subsection (a), 
the Secretary shall consider the extent to which technology has changed 
the nature of freight brokerage, the role of bona fide agents, and 
other aspects of the freight transportation industry.
  (c) Dispatch Services.--In issuing the guidance under subsection (a), 
the Secretary shall, at a minimum--
          (1) examine the role of a dispatch service in the 
        transportation industry;
          (2) examine the extent to which dispatch services could be 
        considered brokers or bona fide agents; and
          (3) clarify the level of financial penalties for unauthorized 
        brokerage activities under section 14916 of title 49, United 
        States Code, applicable to a dispatch service.

           Subtitle C--Commercial Motor Vehicle Driver Safety

SEC. 4301. COMMERCIAL DRIVER'S LICENSE FOR PASSENGER CARRIERS.

  Section 31301 of title 49, United States Code, is amended--
          (1) in paragraph (4)--
                  (A) in subparagraph (B) by striking ``or'';
                  (B) by redesignating subparagraph (C) as subparagraph 
                (D); and
                  (C) by inserting after subparagraph (B) the 
                following:
                  ``(C) is designed or used as a stretch limousine; 
                or'';
          (2) by redesignating paragraph (15) as paragraph (16); and
          (3) by inserting after paragraph (14) the following:
          ``(15) `stretch limousine' means any sedan or sports utility 
        vehicle that--
                  ``(A) has been modified to add seating capacity to 
                that provided by the vehicle manufacturer through an 
                extended chassis, lengthened wheelbase, or an elongated 
                seating area;
                  ``(B) as modified, has a seating capacity of more 
                than 8 passengers (including the driver);
                  ``(C) is used under trip-by-trip contracts for the 
                transportation of passengers for compensation on a 
                prearranged basis; and
                  ``(D) is not used for public transportation service, 
                as such term is defined in section 5302;''.

SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

  Section 31306(c)(2) of title 49, United States Code, is amended by 
striking ``, for urine testing,''.

SEC. 4303. ENTRY-LEVEL DRIVER TRAINING.

  Not later than 30 days after the date of enactment of this Act, and 
every 90 days thereafter until the compliance date for the final rule 
published on December 8, 2016, titled ``Minimum Training Requirements 
for Entry-Level Commercial Motor Vehicle Operators'' (81 Fed. Reg. 
88732), the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on--
          (1) a schedule, including benchmarks, to complete 
        implementation of the requirements under such final rule;
          (2) any anticipated delays, if applicable, in meeting the 
        benchmarks described in paragraph (1);
          (3) the progress that the Secretary has made in updating the 
        Department of Transportation's information technology 
        infrastructure to support the training provider registry;
          (4) a list of States that have adopted laws or regulations to 
        implement such final rule; and
          (5) a list of States, if applicable, that are implementing 
        the rule and confirming that an applicant for a commercial 
        driver's license has complied with the requirements.

SEC. 4304. DRIVER DETENTION TIME.

  (a) Data Collection.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall--
          (1) begin to collect data on delays experienced by operators 
        of commercial motor vehicles, as required under section 5501 of 
        the FAST Act (49 U.S.C. 14103 note) and as referenced in the 
        request for information published on June 10, 2019, titled 
        ``Request for Information Concerning Commercial Motor Vehicle 
        Driver Detention Times During Loading and Unloading'' (84 Fed. 
        Reg. 26932); and
          (2) make such data available on a publicly accessible website 
        of the Department of Transportation.
  (b) Detention Time Limits.--
          (1) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall initiate a 
        rulemaking to establish limits on the amount of time that an 
        operator of a commercial motor vehicle may be reasonably 
        detained by a shipper or receiver before the loading or 
        unloading of the vehicle, if the operator is not compensated 
        for such time detained.
          (2) Contents.--As part of the rulemaking conducted pursuant 
        to subsection (a), the Secretary shall--
                  (A) consider the diverse nature of operations in the 
                movement of goods by commercial motor vehicle;
                  (B) examine any correlation between time detained and 
                violations of the hours-of-service rules under part 395 
                of title 49, Code of Federal Regulations;
                  (C) determine whether the effect of detention time on 
                safety differs based on--
                          (i) how an operator is compensated; and
                          (ii) the contractual relationship between the 
                        operator and the motor carrier, including 
                        whether an operator is an employee, a leased 
                        owner-operator, or an owner-operator with 
                        independent authority; and
                  (D) establish a process for a motor carrier, shipper, 
                receiver, broker, or commercial motor vehicle operator 
                to report instances of time detained beyond the 
                Secretary's established limits.
          (3) Incorporation of information.--The Secretary shall 
        incorporate information received under paragraph (2)(D) into 
        the process established pursuant to subsection (a) once a final 
        rule takes effect.
  (c) Data Protection.--Data made available pursuant to this section 
shall be made available in a manner that--
          (1) precludes the connection of the data to any individual 
        motor carrier or commercial motor vehicle operator; and
          (2) protects privacy and confidentiality of individuals, 
        operators, and motor carriers submitting the data.
  (d) Commercial Motor Vehicle Defined.--In this section, the term 
``commercial motor vehicle'' has the meaning given such term in section 
31101 of title 49, United States Code.

SEC. 4305. TRUCK LEASING TASK FORCE.

  (a) Establishment.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary of Labor, shall establish a Truck Leasing Task Force 
(hereinafter referred to as the ``Task Force'').
  (b) Membership.--The Secretary of Transportation shall select not 
more than 15 individuals to serve as members of the Task Force, 
including equal representation from each of the following:
          (1) Labor organizations.
          (2) The motor carrier industry, including independent owner-
        operators.
          (3) Consumer protection groups.
          (4) Safety groups.
          (5) Members of the legal profession who specialize in 
        consumer finance issues.
  (c) Duties.--The Task Force shall examine, at a minimum--
          (1) common truck leasing arrangements available to property-
        carrying commercial motor vehicle drivers, including lease-
        purchase agreements;
          (2) the terms of such leasing agreements;
          (3) the prevalence of predatory leasing agreements in the 
        motor carrier industry;
          (4) specific agreements available to drayage drivers at ports 
        related to the Clean Truck Program or similar programs to 
        decrease emissions from port operations;
          (5) the impact of truck leasing agreements on the net 
        compensation of property-carrying commercial motor vehicle 
        drivers, including port drayage drivers;
          (6) resources to assist property-carrying commercial motor 
        vehicle drivers in assessing the impacts of leasing agreements; 
        and
          (7) the classification of property-carrying commercial motor 
        vehicle drivers under lease-purchase agreements.
  (d) Compensation.--A member of the Task Force shall serve without 
compensation.
  (e) Report.--Upon completion of the examination described in 
subsection (c), the Task Force shall submit to the Secretary of 
Transportation, Secretary of Labor, and appropriate congressional 
committees a report containing--
          (1) the findings of the Task Force on the matters described 
        in subsection (c);
          (2) best practices related to--
                  (A) assisting a commercial motor vehicle driver in 
                assessing the impacts of leasing agreements prior to 
                entering into such agreements; and
                  (B) assisting a commercial motor vehicle driver who 
                has entered into a predatory lease agreement; and
          (3) recommendations on changes to laws or regulations, as 
        applicable, at the Federal, State, or local level to promote 
        fair leasing agreements under which a commercial motor vehicle 
        driver is able to earn a living wage.
  (f) Termination.--Not later than 1 month after the date of submission 
of the report pursuant to subsection (e), the Task Force shall 
terminate.

SEC. 4306. HOURS OF SERVICE.

  (a) Comprehensive Review.--
          (1) Comprehensive review of hours of service rules.--Not 
        later than 60 days after the date of enactment of this Act, the 
        Secretary shall initiate a comprehensive review of hours of 
        service rules and the impacts of waivers, exemptions, and other 
        allowances that limit the applicability of such rules.
          (2) Changes to regulations.--In carrying out the 
        comprehensive review under paragraph (1) and the required 
        analyses under paragraphs (3) and (4), the Secretary shall 
        consider the modifications made in the final rule published on 
        June 1, 2020, titled ``Hours of Service of Drivers'' (85 Fed. 
        Reg. 33396) and evaluate the impacts of the allowance to 
        operate in excess of the limits in effect prior to June 1, 
        2020.
          (3) List of exemptions.--In carrying out the comprehensive 
        review required under paragraph (1), the Secretary shall--
                  (A) compile a list of waivers, exemptions, and other 
                allowances--
                          (i) under which a driver may operate in 
                        excess of the otherwise applicable limits on 
                        on-duty or driving time in absence of such 
                        exemption, waiver, or other allowance;
                          (ii) under which a driver may operate without 
                        recording compliance with hours of service 
                        rules through the use of an electronic logging 
                        device; and
                          (iii) applicable--
                                  (I) to specific segments of the motor 
                                carrier industry or sectors of the 
                                economy;
                                  (II) on a periodic or seasonal basis; 
                                and
                                  (III) to specific types of 
                                operations, including the short haul 
                                exemption under part 395 of title 49, 
                                Code of Federal Regulations;
                  (B) specify whether each such waiver, exemption, or 
                other allowance was granted by the Department of 
                Transportation or enacted by Congress, and how long 
                such waiver, exemption, or other allowance has been in 
                effect; and
                  (C) estimate the number of motor carriers, motor 
                private carriers, and drivers that may qualify to use 
                each waiver, exemption, or other allowance.
          (4) Safety impact analysis.--
                  (A) In general.--In carrying out the comprehensive 
                review under paragraph (1), the Secretary, in 
                consultation with State motor carrier enforcement 
                entities, shall undertake a statistically valid 
                analysis to determine the safety impact, including on 
                enforcement, of the exemptions, waivers, or other 
                allowances compiled under paragraph (2) by--
                          (i) using available data, or collecting from 
                        motor carriers or motor private carriers and 
                        drivers operating under an exemption, waiver, 
                        or other allowance if the Secretary does not 
                        have sufficient data, to determine the 
                        incidence of accidents, fatigue-related 
                        incidents, and other relevant safety 
                        information related to hours of service among 
                        motor carriers, private motor carriers, and 
                        drivers permitted to operate under each 
                        exemption, waiver, or other allowance;
                          (ii) comparing the data described in 
                        subparagraph (A) to safety data from motor 
                        carriers, motor private carriers, and drivers 
                        that are subject to the hours of service rules 
                        and not operating under an exemption, waiver, 
                        or other allowance; and
                          (iii) based on the comparison under 
                        subparagraph (B), determining whether waivers, 
                        exemptions, and other allowances in effect 
                        provide an equivalent level of safety as would 
                        exist in the absence of exemptions, waivers, or 
                        other allowances.
                  (B) Consultation.--The Secretary shall consult with 
                State motor carrier enforcement entities in carrying 
                out this paragraph.
                  (C) Exclusions.--The Secretary shall exclude data 
                related to exemptions, waivers, or other allowances 
                made pursuant to an emergency declaration under section 
                390.23 of title 49, Code of Federal Regulations, or 
                extended under section 390.25 of title 49, Code of 
                Federal Regulations, from the analysis required under 
                this paragraph.
          (5) Driver impact analysis.--In carrying out the 
        comprehensive review under paragraph (1), the Secretary shall 
        further consider--
                  (A) data on driver detention collected by the 
                Secretary pursuant to section 4304 of this Act and 
                other conditions affecting the movement of goods by 
                commercial motor vehicle, and how such conditions 
                interact with the Secretary's regulations on hours of 
                service;
                  (B) whether exemptions, waivers, or other allowances 
                that permit additional on-duty time or driving time 
                have a deleterious effect on the physical condition of 
                drivers; and
                  (C) whether differences in the manner in which 
                drivers are compensated result in different levels of 
                burden for drivers in complying with hours of service 
                rules.
  (b) Peer Review.--Prior to the publication of the review required 
under subsection (d), the analyses performed by the Secretary shall 
undergo an independent peer review.
  (c) Publication.--Not later than 18 months after the date that the 
Secretary initiates the comprehensive review under subsection (b)(1), 
the Secretary shall publish the findings of such review in the Federal 
Register and provide for a period for public comment.
  (d) Report to Congress.--Not later than 30 days after the conclusion 
of the public comment period under subsection (d), the Secretary shall 
submit to the Committee on Commerce, Science, and Transportation and 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives and make publicly available on a website of the 
Department of Transportation a report containing the information and 
analyses required under subsection (b).
  (e) Replacement of Guidance.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall initiate a rulemaking to 
update the Department of Transportation guidance published on June 7, 
2018, titled ``Hours of Service of Drivers of Commercial Motor 
Vehicles: Regulatory Guidance Concerning the Use of a Commercial Motor 
Vehicle for Personal Conveyance'' (83 Fed. Reg. 26377) to prescribe 
specific mileage or time limits, or both, for the use of personal 
conveyance.
  (f) Definitions.--In this section:
          (1) Motor carrier; motor private carrier.--The terms ``motor 
        carrier'' and ``motor private carrier'' have the meanings given 
        such terms in section 31501 of title 49, United States Code.
          (2) On-duty time; driving time; electronic logging device.--
        The terms ``on-duty time'', ``driving time'', and ``electronic 
        logging device'' have the meanings given such terms in section 
        395.2 of title 49, Code of Federal Regulations (as in effect on 
        June 1, 2020).

SEC. 4307. DRIVER RECRUITMENT.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the inspector general of the Department of Transportation 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report examining the operation of 
commercial motor vehicles in the United States by drivers admitted to 
the United States under temporary business visas.
  (b) Contents.--The report under paragraph (1) shall include--
          (1) an assessment of--
                  (A) the prevalence of the operation of commercial 
                motor vehicles in the United States by drivers admitted 
                to the United States under temporary business visas;
                  (B) the characteristics of motor carriers that 
                recruit and use such drivers, including the country of 
                domicile of the motor carrier or subsidiary;
                  (C) the demographics of drivers operating in the 
                United States under such visas, including the country 
                of domicile of such drivers; and
                  (D) the contractual relationship between such motor 
                carriers and such drivers;
          (2) an analysis of whether such drivers are required to 
        comply with--
                  (A) motor carrier safety regulations under subchapter 
                B of chapter III of title 49, Code of Federal 
                Regulations, including--
                          (i) the English proficiency requirement under 
                        section 391.11(2) of title 49, Code of Federal 
                        Regulations;
                          (ii) the requirement for drivers of a motor 
                        carrier to report any violations of a 
                        regulation to such motor carrier under section 
                        391.27 of title 49, Code of Federal 
                        Regulations; and
                          (iii) driver's licensing requirements under 
                        part 383 of title 49, Code of Federal 
                        Regulations, including entry-level driver 
                        training and drug and alcohol testing under 
                        part 382 of such title; and
                  (B) regulations prohibiting point-to-point 
                transportation in the United States, or cabotage, under 
                part 365 of title 49, Code of Federal Regulations;
          (3) an evaluation of the safety record of the operations and 
        drivers described in paragraph (1), including--
                  (A) violations of the motor carrier safety 
                regulations under subchapter B of chapter III of title 
                49, Code of Federal Regulations, including applicable 
                requirements described in paragraph (2)(A); and
                  (B) the number of crashes involving such operations 
                and drivers; and
          (4) the impact of such operations and drivers on--
                  (A) commercial motor vehicle drivers domiciled in the 
                United States, including employment levels and driver 
                compensation of such drivers; and
                  (B) the competitiveness of motor carriers domiciled 
                in the United States.
  (c) Definitions.--In this section:
          (1) Commercial motor vehicle.--In this section, the term 
        ``commercial motor vehicle'' has the meaning given such term in 
        section 31101 of title 49, United States Code.
          (2) Temporary business visa.--The term ``temporary business 
        visa'' means any driver who is present in the United States 
        with status under section 101(a)(15)(H)(i)(b) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(i)(b)).

SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall--
          (1) assess the risk posed by untreated obstructive sleep 
        apnea in drivers of commercial motor vehicles and the 
        feasibility, benefits, and costs associated with establishing 
        screening criteria for obstructive sleep apnea in drivers of 
        commercial motor vehicles;
          (2) issue a notice in the Federal Register containing the 
        independently peer-reviewed findings of the assessment required 
        under paragraph (1) not later than 30 days after completion of 
        the assessment and provide an opportunity for public comment; 
        and
          (3) if the Secretary contracts with an independent third 
        party to conduct the assessment required under paragraph (1), 
        ensure that the independent third party shall not have any 
        financial or contractual ties or relationship with a motor 
        carrier that transports passengers or property for 
        compensation, the motor carrier industry, or driver advocacy 
        organizations.
  (b) Screening Criteria.--
          (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary shall publish in the 
        Federal Register a proposed rule to establish screening 
        criteria for obstructive sleep apnea in commercial motor 
        vehicle drivers and provide an opportunity for public comment.
          (2) Final rule.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall issue a final rule 
        to establish screening criteria for obstructive sleep apnea in 
        commercial motor vehicle drivers.
  (c) Commercial Motor Vehicle Defined.--In this section, the term 
``commercial motor vehicle'' has the meaning given such term in section 
31132 of title 49, United States Cod

SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD.

  (a) Short Title.--This section may be cited as the ``Promoting Women 
in Trucking Workforce Act''.
  (b) Findings.--Congress finds that--
          (1) women make up 47 percent of the workforce of the United 
        States;
          (2) women are significantly underrepresented in the trucking 
        industry, holding only 24 percent of all transportation and 
        warehousing jobs and representing only--
                  (A) 6.6 percent of truck drivers;
                  (B) 12.5 percent of all workers in truck 
                transportation; and
                  (C) 8 percent of freight firm owners;
          (3) given the total number of women truck drivers, women are 
        underrepresented in the truck-driving workforce; and
          (4) women truck drivers have been shown to be 20 percent less 
        likely than male counterparts to be involved in a crash.
  (c) Sense of Congress Regarding Women in Trucking.--It is the sense 
of Congress that the trucking industry should explore every 
opportunity, including driver training and mentorship programs, to 
encourage and support the pursuit of careers in trucking by women.
  (d) Establishment.--To encourage women to enter the field of 
trucking, the Administrator shall establish and facilitate an advisory 
board, to be known as the ``Women of Trucking Advisory Board'', to 
promote organizations and programs that--
          (1) provide education, training, mentorship, or outreach to 
        women in the trucking industry; and
          (2) recruit women into the trucking industry.
  (e) Membership.--
          (1) In general.--The Board shall be composed of not fewer 
        than seven members whose backgrounds allow those members to 
        contribute balanced points of view and diverse ideas regarding 
        the strategies and objectives described in subsection (f)(2).
          (2) Appointment.--Not later than 270 days after the date of 
        enactment of this Act, the Administrator shall appoint the 
        members of the Board, of whom--
                  (A) not fewer than one shall be a representative of 
                large trucking companies;
                  (B) not fewer than one shall be a representative of 
                mid-sized trucking companies;
                  (C) not fewer than one shall be a representative of 
                small trucking companies;
                  (D) not fewer than one shall be a representative of 
                nonprofit organizations in the trucking industry;
                  (E) not fewer than one shall be a representative of 
                trucking business associations;
                  (F) not fewer than one shall be a representative of 
                independent owner-operators; and
                  (G) not fewer than one shall be a woman who is a 
                professional truck driver.
          (3) Terms.--Each member shall be appointed for the life of 
        the Board.
          (4) Compensation.--A member of the Board shall serve without 
        compensation.
  (f) Duties.--
          (1) In general.--The Board shall identify--
                  (A) industry trends that directly or indirectly 
                discourage women from pursuing careers in trucking, 
                including--
                          (i) any differences between women minority 
                        groups;
                          (ii) any differences between women who live 
                        in rural, suburban, and urban areas; and
                          (iii) any safety risks unique to the trucking 
                        industry;
                  (B) ways in which the functions of trucking 
                companies, nonprofit organizations, and trucking 
                associations may be coordinated to facilitate support 
                for women pursuing careers in trucking;
                  (C) opportunities to expand existing opportunities 
                for women in the trucking industry; and
                  (D) opportunities to enhance trucking training, 
                mentorship, education, and outreach programs that are 
                exclusive to women.
          (2) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Board shall submit to the 
        Administrator a report describing strategies that the 
        Administrator may adopt--
                  (A) to address any industry trends identified under 
                paragraph (1)(A);
                  (B) to coordinate the functions of trucking 
                companies, nonprofit organizations, and trucking 
                associations in a manner that facilitates support for 
                women pursuing careers in trucking;
                  (C) to--
                          (i) take advantage of any opportunities 
                        identified under paragraph (1)(C); and
                          (ii) create new opportunities to expand 
                        existing scholarship opportunities for women in 
                        the trucking industry; and
                  (D) to enhance trucking training, mentorship, 
                education, and outreach programs that are exclusive to 
                women.
  (g) Report to Congress.--
          (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report describing--
                  (A) any strategies recommended by the Board under 
                subsection (f)(2); and
                  (B) any actions taken by the Administrator to adopt 
                the strategies recommended by the Board (or an 
                explanation of the reasons for not adopting the 
                strategies).
          (2) Public availability.--The Administrator shall make the 
        report under paragraph (1) publicly available--
                  (A) on the website of the Federal Motor Carrier 
                Safety Administration; and
                  (B) in appropriate offices of the Federal Motor 
                Carrier Safety Administration.
  (h) Termination.--The Board shall terminate on submission of the 
report to Congress under subsection (g).
  (i) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Motor Carrier Safety 
        Administration.
          (2) Board.--The term ``Board'' means the Women of Trucking 
        Advisory Board established under subsection (d).
          (3) Large trucking company.--The term ``large trucking 
        company'' means a motor carrier (as defined in section 13102 of 
        title 49, United States Code) with an annual revenue greater 
        than $1,000,000,000.
          (4) Mid-sized trucking company.--The term ``mid-sized 
        trucking company'' means a motor carrier (as defined in section 
        13102 of title 49, United States Code) with an annual revenue 
        of not less than $35,000,000 and not greater than 
        $1,000,000,000.
          (5) Small trucking company.--The term ``small trucking 
        company'' means a motor carrier (as defined in section 13102 of 
        title 49, United States Code) with an annual revenue less than 
        $35,000,000.

SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE SAFETY.

  (a) Definition.--Section 31301(14) of title 49, United States Code, 
is amended--
          (1) by striking ``and'' and inserting a comma; and
          (2) by inserting ``, and Puerto Rico'' before the period.
  (b) Implementation.--The Administrator of the Federal Motor Carrier 
Safety Administration shall work with the Commonwealth of Puerto Rico 
on obtaining full compliance with chapter 313 of title 49, United 
States Code, and regulations adopted under that chapter.
  (c) Grace Period.--Notwithstanding section 31311(a) of title 49, 
United States Code, during a 5-year period beginning on the date of 
enactment of this Act, the Commonwealth of Puerto Rico shall not be 
subject to a withholding of an apportionment of funds under paragraphs 
(1) and (2) of section 104(b) of title 23, United States Code, for 
failure to comply with any requirement under section 31311(a) of title 
49, United States Code.

SEC. 4311. USE OF DATA.

  Section 31137(e) of title 49, United States Code, is amended--
          (1) in paragraph (1)--
                  (A) by striking ``only''; and
                  (B) by striking ``, including record-of-duty status 
                regulations'' and inserting ``and to conduct 
                transportation research utilizing such data'';
          (2) in paragraph (2) by striking ``to enforce the regulations 
        referred to in'' and inserting ``for purposes authorized 
        under''; and
          (3) by amending paragraph (3) to read as follows:
          ``(3) Research data.--The Secretary shall institute 
        appropriate measures to protect the privacy of individuals, 
        operators, and motor carriers when data obtained from an 
        electronic logging device is used for research pursuant to this 
        section and such research is made available to the public.''.

       Subtitle D--Commercial Motor Vehicle and Schoolbus Safety

SEC. 4401. SCHOOLBUS SAFETY STANDARDS.

  (a) Schoolbus Seatbelts.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall issue a notice of 
        proposed rulemaking to consider requiring large schoolbuses to 
        be equipped with safety belts for all seating positions, if the 
        Secretary determines that such standards meet the requirements 
        and considerations set forth in subsections (a) and (b) of 
        section 30111 of title 49, United States Code.
          (2) Considerations.--In issuing a notice of proposed 
        rulemaking under paragraph (1), the Secretary shall consider--
                  (A) the safety benefits of a lap/shoulder belt system 
                (also known as a Type 2 seatbelt assembly);
                  (B) the investigations and recommendations of the 
                National Transportation Safety Board on seatbelts in 
                schoolbuses;
                  (C) existing experience, including analysis of 
                student injuries and fatalities compared to States 
                without seat belt laws, and seat belt usage rates, from 
                States that require schoolbuses to be equipped with 
                seatbelts, including Type 2 seatbelt assembly;
                  (D) the impact of lap/shoulder belt systems on 
                emergency evacuations, with a focus on emergency 
                evacuations involving students below the age of 14, and 
                emergency evacuations necessitated by fire or water 
                submersion; and
                  (E) the impact of lap/shoulder belt systems on the 
                overall availability of schoolbus transportation.
          (3) Report.--If the Secretary determines that a standard 
        described in paragraph (1) does not meet the requirements and 
        considerations set forth in subsections (a) and (b) of section 
        30111 of title 49, United States Code, the Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        describes the reasons for not prescribing such a standard.
          (4) Application of regulations.--Any regulation issued based 
        on the notice of proposed rulemaking described in paragraph (1) 
        shall apply to schoolbuses manufactured more than 3 years after 
        the date on which the regulation takes effect.
  (b) Automatic Emergency Braking.--Not later than 3 years after the 
date of enactment of this Act, the Secretary shall--
          (1) prescribe a motor vehicle safety standard under section 
        30111 of title 49, United States Code, that requires all 
        schoolbuses manufactured after the effective date of such 
        standard to be equipped with an automatic emergency braking 
        system; and
          (2) as part of such standard, establish performance 
        requirements for automatic emergency braking systems, including 
        operation of such systems.
  (c) Electronic Stability Control.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall--
          (1) prescribe a motor vehicle safety standard under section 
        30111 of title 49, United States Code, that requires all 
        schoolbuses manufactured after the effective date of such 
        standard to be equipped with an electronic stability control 
        system (as such term is defined in section 571.136 of title 49, 
        Code of Federal Regulations (as in effect on the date of 
        enactment of this Act)); and
          (2) as part of such standard, establish performance 
        requirements for electronic stability control systems, 
        including operation of such systems.
  (d) Fire Prevention and Mitigation.--
          (1) Research and testing.--The Secretary shall conduct 
        research and testing to determine the most prevalent causes of 
        schoolbus fires and the best methods to prevent such fires and 
        to mitigate the effect of such fires, both inside and outside 
        the schoolbus. Such research and testing shall consider--
                  (A) fire suppression systems standards, which at a 
                minimum prevent engine fires;
                  (B) firewall standards to prevent gas or flames from 
                entering into the passenger compartment in schoolbuses 
                with engines that extend beyond the firewall; and
                  (C) interior flammability and smoke emissions 
                characteristics standards.
          (2) Standards.--The Secretary may issue fire prevention and 
        mitigation standards for schoolbuses, based on the results of 
        the Secretary's research and testing under paragraph (1), if 
        the Secretary determines that such standards meet the 
        requirements and considerations set forth in subsections (a) 
        and (b) of section 30111 of title 49, United States Code.
  (e) School Bus Temperature Safety Study and Report.--Not later than 1 
year after the date of enactment of this Act, the Secretary shall study 
and issue a report on the safety implications of temperature controls 
in school buses. The study and report shall include--
          (1) an analysis of the internal temperature in school buses 
        without air conditioning in weather between 80 and 110 degrees 
        Fahrenheit;
          (2) the collection and analysis of data on temperature-
        related injuries to students, including heatstroke and 
        dehydration;
          (3) the collection of data on how many public school 
        districts currently operate buses without air conditioning; and
          (4) recommendations for preventing heat related illnesses for 
        children on school buses.
  (f) Definitions.--In this section:
          (1) Automatic emergency braking.--The term ``automatic 
        emergency braking'' means a crash avoidance system installed 
        and operational in a vehicle that consists of--
                  (A) a forward warning function--
                          (i) to detect vehicles and vulnerable road 
                        users ahead of the vehicle; and
                          (ii) to alert the operator of an impending 
                        collision; and
                  (B) a crash-imminent braking function to provide 
                automatic braking when forward-looking sensors of the 
                vehicle indicate that--
                          (i) a crash is imminent; and
                          (ii) the operator of the vehicle is not 
                        applying the brakes.
          (2) Large schoolbus.--The term ``large schoolbus'' means a 
        schoolbus with a gross vehicle weight rating of more than 
        10,000 pounds.
          (3) Schoolbus.--The term ``schoolbus'' has the meaning given 
        such term in section 30125(a) of title 49, United States Code.

SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES.

  (a) Illegal Passing Research.--
          (1) In general.--The Secretary of Transportation shall 
        conduct research to determine--
                  (A) drivers' knowledge of and attitudes towards laws 
                governing passing of a school bus under the State in 
                which the driver lives;
                  (B) the effectiveness of automated school bus camera 
                enforcement systems in reducing school bus passing 
                violations;
                  (C) whether laws that require automated school bus 
                camera systems to capture images of a driver's face 
                impact the ability of States to enforce such laws;
                  (D) the effectiveness of public education on illegal 
                school bus passing laws in reducing school bus passing 
                violations; and
                  (E) the most-effective countermeasures to address 
                illegal passing of school buses and best practices for 
                States to reduce the number of illegal passing 
                violations.
          (2) Report to congress.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report detailing the research 
        and findings required under paragraph (1).
          (3) Publication.--The Secretary shall make publicly available 
        on the website of the Department the report required under 
        paragraph (2) not later than 30 days after the report is 
        submitted under such paragraph.
  (b) Public Safety Messaging Campaign.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall create and 
        disseminate a public safety messaging campaign, including 
        public safety media messages, posters, digital, and other media 
        messages for distribution to States, divisions of motor 
        vehicles, schools, and other public outlets to highlight the 
        dangers of illegally passing school buses, including 
        educational materials for students and the public on the safest 
        school bus loading and unloading procedures.
          (2) Consultation.--The Secretary shall consult with public 
        and private school bus industry representatives and States in 
        developing the materials and messages required under paragraph 
        (1).
          (3) Update.--The Secretary shall periodically update the 
        materials used in the campaign.
  (c) Review of Advanced School Bus Safety Technologies.--
          (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall complete a review of 
        advanced school bus safety technologies to assess their 
        feasibility, benefits, and costs. The review shall include--
                  (A) an evaluation of motion-activated alert systems 
                that are capable of detecting and alerting the school 
                bus driver to students, pedestrians, bicyclists, and 
                other vulnerable road users located near the perimeter 
                of the school bus;
                  (B) an evaluation of advanced school bus flashing 
                lighting systems to improve communication to 
                surrounding drivers;
                  (C) an evaluation of early warning systems, including 
                radar-based warning systems, to alert school bus 
                drivers and students near the school bus that an 
                approaching vehicle is likely to engage in an illegal 
                passing; and
                  (D) other technologies that enhance school bus 
                safety, as determined by the Secretary.
          (2) Publication.--The Secretary shall make the findings of 
        the review publicly available on the website of the Department 
        not later than 30 days after its completion.
  (d) GAO Review of State Illegal Passing Laws and Driver Education.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report examining State laws and driver education 
        efforts regarding illegal passing of school buses.
          (2) Contents.--The report required under paragraph (1) shall 
        include--
                  (A) an overview of each State's illegal school bus 
                passing laws, including how the laws are enforced and 
                what penalties are imposed on violators;
                  (B) a review of each State's driver education efforts 
                regarding illegal passing of school buses to determine 
                how each State educates and evaluates new drivers on 
                laws governing passing of a school bus; and
                  (C) recommendations on how States can improve driver 
                education and awareness of the dangers of illegally 
                passing school buses.

SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR 
                    VEHICLES.

  (a) Review of State Inspection Practices.--The Secretary of 
Transportation shall conduct a review of Federal Motor Carrier Safety 
Regulations related to annual inspection of commercial motor vehicles 
carrying passengers to determine--
          (1) different inspection models in use for commercial motor 
        vehicles carrying passengers to satisfy the Federal inspection 
        requirement;
          (2) the number of States that have mandatory annual State 
        vehicle inspections and whether such inspections are used to 
        satisfy the Federal inspection requirement for commercial motor 
        vehicles carrying passengers;
          (3) the extent to which passenger carriers utilize self-
        inspection to satisfy the Federal inspection requirement;
          (4) the number of States that have the authority to require 
        the immobilization of impoundment of a commercial motor vehicle 
        carrying passengers if such a vehicle fails inspection; and
          (5) the impact on the safety of commercial motor vehicles 
        carrying passengers, based on the inspection model employed.
  (b) Report to Congress.--Not later than 1 year after the enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on--
          (1) the findings of the review conducted under subsection 
        (a); and
          (2) recommendations on changes to the Secretary's inspection 
        program regulations to improve the safety of commercial motor 
        vehicles carrying passengers.

SEC. 4404. AUTOMATIC EMERGENCY BRAKING.

  (a) Federal Motor Vehicle Safety Standard.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall--
                  (A) prescribe a motor vehicle safety standard under 
                section 30111 of title 49, United States Code, that 
                requires all commercial motor vehicles subject to 
                Federal motor vehicle safety standard 136 under section 
                571.136 of title 49, Code of Federal Regulations, 
                (relating to electronic stability control systems for 
                heavy vehicles) manufactured after the effective date 
                of such standard to be equipped with an automatic 
                emergency braking system; and
                  (B) as part of such standard, establish performance 
                requirements for automatic emergency braking systems, 
                including operation of such systems in a variety of 
                driving conditions.
          (2) Considerations.--Prior to prescribing the standard 
        required under paragraph (1)(A), the Secretary shall--
                  (A) conduct a review of automatic emergency braking 
                systems in use in applicable commercial motor vehicles 
                and address any identified deficiencies with such 
                systems in the rulemaking proceeding to prescribe the 
                standard, if practicable;
                  (B) assess the feasibility of updating the software 
                of emergency braking systems in use in applicable 
                commercial motor vehicles to address any deficiencies 
                and to enable such systems to meet the new standard; 
                and
                  (C) consult with representatives of commercial motor 
                vehicle drivers regarding the experiences of drivers 
                with automatic emergency braking systems in use in 
                applicable commercial motor vehicles, including 
                malfunctions or unwarranted activations of such 
                systems.
          (3) Compliance date.--The Secretary shall ensure that the 
        compliance date of the standard prescribed pursuant to 
        paragraph (1) shall be not later than 2 years after the date of 
        publication of the final rule prescribing such standard.
  (b) Federal Motor Carrier Safety Regulation.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall issue a 
regulation under section 31136 of title 49, United States Code, that 
requires that an automatic emergency braking system installed in a 
commercial motor vehicle subject to Federal motor vehicle safety 
standard 136 under section 571.136 of title 49, Code of Federal 
Regulations,(relating to electronic stability control systems for heavy 
vehicles) that is in operation on or after the effective date of the 
standard prescribed under subsection (a) be used at any time during 
which such commercial motor vehicle is in operation.
  (c) Report on Automatic Emergency Braking in Medium-duty Commercial 
Motor Vehicles.--
          (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall, 
        with respect to commercial motor vehicles not subject to 
        Federal motor vehicle safety standard 136 under section 571.136 
        of title 49, Code of Federal Regulations--
                  (A) complete research on equipping commercial motor 
                vehicles with automatic emergency braking systems to 
                better understand the overall effectiveness of such 
                systems on a variety of commercial motor vehicles;
                  (B) assess the feasibility, benefits, and costs 
                associated with installing automatic emergency braking 
                systems on newly manufactured commercial motor vehicles 
                with a gross vehicle weight rating of 10,001 pounds or 
                more; and
                  (C) if warranted, develop performance standards for 
                such automatic emergency braking systems.
          (2) Independent research.--If the Secretary enters into a 
        contract with a third party to perform the research required 
        under paragraph (1)(A), the Secretary shall ensure that such 
        third party does not have any financial or contractual ties or 
        relationship with a motor carrier that transports passengers or 
        property for compensation, the motor carrier industry, or an 
        entity producing or supplying automatic emergency braking 
        systems.
          (3) Publication of assessment.--Not later than 90 days after 
        completing the assessment required under paragraph (1)(B), the 
        Secretary shall issue a notice in the Federal Register 
        containing the findings of the assessment and provide an 
        opportunity for public comment.
          (4) Report to congress.--After the conclusion of the public 
        comment period under paragraph (3), the Secretary shall submit 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        provides--
                  (A) the results of the assessment under paragraph 
                (1)(B);
                  (B) a summary of the public comments received by the 
                Secretary under paragraph (3); and
                  (C) a determination as to whether the Secretary 
                intends to develop performance requirements for 
                automatic emergency braking systems for applicable 
                commercial motor vehicles, including any analysis that 
                led to such determination.
  (d) Definitions.--In this section:
          (1) Automatic emergency braking system.--The term ``automatic 
        emergency braking system'' means a crash avoidance system 
        installed and operational in a vehicle that consists of--
                  (A) a forward collision warning function--
                          (i) to detect vehicles and vulnerable road 
                        users ahead of the vehicle; and
                          (ii) to alert the operator of the vehicle of 
                        an impending collision; and
                  (B) a crash-imminent braking function to provide 
                automatic braking when forward-looking sensors of the 
                vehicle indicate that--
                          (i) a crash is imminent; and
                          (ii) the operator of the vehicle is not 
                        applying the brakes.
          (2) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31101 of 
        title 49, United States Code.

SEC. 4405. UNDERRIDE PROTECTION.

  (a) Rear Underride Guards.--
          (1) Rear guards on trailers and semitrailers.--
                  (A) In general.--Not later than 1 year after the date 
                of enactment of this Act, the Secretary of 
                Transportation shall issue such regulations as are 
                necessary to revise motor vehicle safety standards 
                under sections 571.223 and 571.224 of title 49, Code of 
                Federal Regulations, to require trailers and semi-
                trailers manufactured after the date on which such 
                regulation is issued to be equipped with rear impact 
                guards that are designed to prevent passenger 
                compartment intrusion from a trailer or semitrailer 
                when a passenger vehicle traveling at 35 miles per hour 
                makes--
                          (i) an impact in which the passenger vehicle 
                        impacts the center of the rear of the trailer 
                        or semitrailer;
                          (ii) an impact in which 50 percent the width 
                        of the passenger vehicle overlaps the rear of 
                        the trailer or semitrailer; and
                          (iii) an impact in which 30 percent of the 
                        width of the passenger vehicle overlaps the 
                        rear of the trailer or semitrailer.
                  (B) Effective date.--The rule issued under 
                subparagraph (A) shall require full compliance with the 
                motor carrier safety standard prescribed in such rule 
                not later than 2 years after the date on which a final 
                rule is issued.
          (2) Additional research.--The Secretary shall conduct 
        additional research on the design and development of rear 
        impact guards that can prevent underride crashes and protect 
        motor vehicle passengers against severe injury at crash speeds 
        of up to 65 miles per hour.
          (3) Review of standards.--Not later than 5 years after any 
        revisions to standards or requirements related to rear impact 
        guards pursuant to paragraph (1), the Secretary shall review 
        the standards or requirements to evaluate the need for changes 
        in response to advancements in technology and upgrade such 
        standards accordingly.
          (4) Inspections.--
                  (A) In general.--Not later than 1 year after the date 
                of enactment of this Act, the Secretary shall issue 
                such regulations as are necessary to amend the 
                regulations on minimum periodic inspection standards 
                under appendix G to subchapter B of chapter III of 
                title 49, Code of Federal Regulations, and driver 
                vehicle inspection reports under section 396.11 of 
                title 49, Code of Federal Regulations, to include rear 
                impact guards and rear end protection (as required by 
                section 393.86 of title 49, Code of Federal 
                Regulations).
                  (B) Considerations.--In updating the regulations 
                described in subparagraph (A), the Secretary shall 
                consider it to be a defect or a deficiency if a rear 
                impact guard is missing or has a corroded or 
                compromised element that affects the structural 
                integrity and protective feature of such guard.
  (b) Side Underride Guards.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall--
                  (A) complete additional research on side underride 
                guards to better understand the overall effectiveness 
                of such guards;
                  (B) assess the feasibility, benefits, and costs 
                associated with installing side underride guards on 
                newly manufactured trailers and semitrailers with a 
                gross vehicle weight rating of 10,000 pounds or more; 
                and
                  (C) if warranted, develop performance standards for 
                such guards.
          (2) Independent research.--If the Secretary enters into a 
        contract with a third party to perform the research required 
        under paragraph (1)(A), the Secretary shall ensure that such 
        third party does not have any financial or contractual ties or 
        relationship with a motor carrier that transports passengers or 
        property for compensation, the motor carrier industry, or an 
        entity producing or supplying underride guards.
          (3) Publication of assessment.--Not later than 90 days after 
        completing the assessment required under paragraph (1)(B), the 
        Secretary shall issue a notice in the Federal Register 
        containing the findings of the assessment and provide an 
        opportunity for public comment.
          (4) Report to congress.--After the conclusion of the public 
        comment period under paragraph (3), the Secretary shall submit 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        provides--
                  (A) the results of the assessment under this 
                subsection;
                  (B) a summary of the public comments received by the 
                Secretary under paragraph (3); and
                  (C) a determination as to whether the Secretary 
                intends to develop performance requirements for side 
                underride guards, including any analysis that led to 
                such determination.
  (c) Advisory Committee on Underride Protection.--
          (1) Establishment.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        establish an Advisory Committee on Underride Protection (in 
        this subsection referred to as the ``Committee'') to provide 
        advice and recommendations to the Secretary on safety 
        regulations to reduce crashes and fatalities involving truck 
        underrides.
          (2) Representation.--
                  (A) In general.--The Committee shall be composed of 
                not more than 20 members appointed by the Secretary who 
                are not employees of the Department of Transportation 
                and who are qualified to serve because of their 
                expertise, training, or experience.
                  (B) Membership.--Members shall include two 
                representatives of each of the following:
                          (i) Truck and trailer manufacturers.
                          (ii) Motor carriers, including independent 
                        owner-operators.
                          (iii) Law enforcement.
                          (iv) Motor vehicle engineers.
                          (v) Motor vehicle crash investigators.
                          (vi) Truck safety organizations.
                          (vii) The insurance industry.
                          (viii) Emergency medical service providers.
                          (ix) Families of underride crash victims.
                          (x) Labor organizations.
          (3) Compensation.--Members of the Committee shall serve 
        without compensation.
          (4) Meetings.--The Committee shall meet at least annually.
          (5) Support.--On request of the Committee, the Secretary 
        shall provide information, administrative services, and 
        supplies necessary for the Committee to carry out the duties 
        described in paragraph (1).
          (6) Report.--The Committee shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a biennial report that shall--
                  (A) describe the advice and recommendations made to 
                the Secretary; and
                  (B) include an assessment of progress made by the 
                Secretary in advancing safety regulations.
  (d) Data Collection.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall implement recommendations 1 
and 2 described in the report by the Government Accountability Office 
published on March 14, 2019, titled ``Truck Underride Guards: Improved 
Data Collection, Inspections, and Research Needed'' (GAO-19-264).

SEC. 4406. TRANSPORTATION OF HORSES.

  Section 80502 of title 49, United States Code, is amended--
          (1) in subsection (c) by striking ``This section does not'' 
        and inserting ``Subsections (a) and (b) shall not'';
          (2) by redesignating subsection (d) as subsection (e);
          (3) by inserting after subsection (c) the following:
  ``(d) Transportation of Horses.--
          ``(1) Prohibition.--No person may transport, or cause to be 
        transported, a horse from a place in a State, the District of 
        Columbia, or a territory or possession of the United States 
        through or to a place in another State, the District of 
        Columbia, or a territory or possession of the United States in 
        a motor vehicle containing two or more levels stacked on top of 
        each other.
          ``(2) Motor vehicle defined.--In this subsection, the term 
        `motor vehicle'--
                  ``(A) means a vehicle driven or drawn by mechanical 
                power and manufactured primarily for use on public 
                highways; and
                  ``(B) does not include a vehicle operated exclusively 
                on a rail or rails.''; and
          (4) in subsection (e), as redesignated--
                  (A) by striking ``A rail carrier'' and inserting the 
                following:
          ``(1) In general.--A rail carrier'';
                  (B) by striking ``this section'' and inserting 
                ``subsection (a) or (b)''; and
                  (C) by striking ``On learning'' and inserting the 
                following:
          ``(2) Transportation of horses in multilevel trailer.--
                  ``(A) Civil penalty.--A person that knowingly 
                violates subsection (d) is liable to the United States 
                Government for a civil penalty of at least $100, but 
                not more than $500, for each violation. A separate 
                violation of subsection (d) occurs for each horse that 
                is transported, or caused to be transported, in 
                violation of subsection (d).
                  ``(B) Relationship to other laws.--The penalty 
                imposed under subparagraph (A) shall be in addition to 
                any penalty or remedy available under any other law.
          ``(3) Civil action.--On learning''.

SEC. 4407. ADDITIONAL STATE AUTHORITY.

  (a) Additional Authority.--Notwithstanding the limitation in section 
127(d) of title 23, United States Code, if a State had in effect on or 
before June 1, 1991, a statute or regulation which placed a limitation 
on the overall length of a longer combination vehicle consisting of 3 
trailers, such State may allow the operation of a longer combination 
vehicle to accommodate a longer energy efficient truck tractor in such 
longer combination vehicle under such limitation, if the additional 
tractor length is the only added length to such longer combination 
vehicle and does not result in increased cargo capacity in weight or 
volume.
  (b) Savings Clause.--Nothing in this section authorizes a State to 
allow an increase in the length of a trailer, semitrailer, or other 
cargo-carrying unit of a longer combination vehicle.
  (c) Longer Combination Vehicle Defined.--The term ``longer 
combination vehicle'' has the meaning given such term in section 127 of 
title 23, United States Code.

SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSURANCE FOR COMMERCIAL 
                    MOTOR VEHICLES.

  Section 31139(b) of title 49, United States Code, is amended--
          (1) in paragraph (2), by striking ``$750,000'' and inserting 
        ``$2,000,000''; and
          (2) by adding at the end the following:
          ``(3) Adjustment.--The Secretary, in consultation with the 
        Bureau of Labor Statistics, shall adjust the minimum level of 
        financial responsibility under paragraph (2) quinquennially for 
        inflation.''.

SEC. 4409. UNIVERSAL ELECTRONIC IDENTIFIER.

  Not later than 2 years after the date of enactment of this Act, the 
Secretary of Transportation shall issue a final motor vehicle safety 
standard that requires a commercial motor vehicle manufactured after 
the effective date of such standard to be equipped with a universal 
electronic vehicle identifier that--
          (1) identifies the vehicle to roadside inspectors for 
        enforcement purposes;
          (2) does not transmit personally identifiable information 
        regarding operators; and
          (3) does not create an undue cost burden for operators and 
        carriers.

                          TITLE V--INNOVATION

SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
          (1) Highway research and development program.--To carry out 
        section 503(b) of title 23, United States Code, $144,000,000 
        for each of fiscal years 2023 through 2026.
          (2) Technology and innovation deployment program.--To carry 
        out section 503(c) of title 23, United States Code, 
        $152,000,000 for each of fiscal years 2023 through 2026.
          (3) Training and education.--To carry out section 504 of 
        title 23, United States Code, $26,000,000 for each of fiscal 
        years 2023 through 2026.
          (4) Intelligent transportation systems program.--To carry out 
        sections 512 through 518 of title 23, United States Code, 
        $100,000,000 for each of fiscal years 2023 through 2026.
          (5) University transportation centers program.--To carry out 
        section 5505 of title 49, United States Code, $96,000,000 for 
        each of fiscal years 2023 through 2026.
          (6) Bureau of transportation statistics.--To carry out 
        chapter 63 of title 49, United States Code, $27,000,000 for 
        each of fiscal years 2023 through 2026.
  (b) Additional Programs.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
          (1) Mobility through advanced technologies.--To carry out 
        section 503(c)(4) of title 23, United States Code, $70,000,000 
        for each of fiscal years 2023 through 2026 from funds made 
        available to carry out section 503(c) of such title.
          (2) Materials to reduce greenhouse gas emissions program.--To 
        carry out section 503(d) of title 23, United States Code, 
        $10,000,000 for each of fiscal years 2023 through 2026 from 
        funds made available to carry out section 503(c) of such title.
          (3) National highly automated vehicle and mobility innovation 
        clearinghouse.--To carry out section 5507 of title 49, United 
        States Code, $2,000,000 for each of fiscal years 2023 through 
        2026 from funds made available to carry out sections 512 
        through 518 of title 23, United States Code.
          (4) National cooperative multimodal freight transportation 
        research program.--To carry out section 70205 of title 49, 
        United States Code, $4,000,000 for each of fiscal years 2023 
        through 2026 from funds made available to carry out section 
        503(b) of title 23, United States Code.
          (5) State surface transportation system funding pilots.--To 
        carry out section 6020 of the FAST Act (23 U.S.C. 503 note), 
        $35,000,000 for each of fiscal years 2023 through 2026 from 
        funds made available to carry out section 503(b) of title 23, 
        United States Code.
          (6) National surface transportation system funding pilot.--To 
        carry out section 5402 of this title, $10,000,000 for each of 
        fiscal years 2023 through 2026 from funds made available to 
        carry out section 503(b) of title 23, United States Code.
  (c) Administration.--The Federal Highway Administration shall--
          (1) administer the programs described in paragraphs (1), (2), 
        and (3) of subsection (a) and paragraph (1) of subsection (b); 
        and
          (2) in consultation with relevant modal administrations, 
        administer the programs described in subsections (a)(4) and 
        (b)(2).
  (d) Treatment of Funds.--Funds authorized to be appropriated by 
subsections (a) and (b) shall--
          (1) be available for obligation in the same manner as if 
        those funds were apportioned under chapter 1 of title 23, 
        United States Code, except that the Federal share of the cost 
        of a project or activity carried out using those funds shall be 
        80 percent, unless otherwise expressly provided by this title 
        (including the amendments by this title) or otherwise 
        determined by the Secretary; and
          (2) remain available until expended and not be transferable, 
        except as otherwise provided in this title.

                  Subtitle A--Research and Development

SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.

  (a) In General.--Section 503 of title 23, United States Code, is 
amended--
          (1) in subsection (a)(2) by striking ``section 508'' and 
        inserting ``section 6503 of title 49''; and
          (2) in subsection (b)--
                  (A) in paragraph (3)--
                          (i) in subparagraph (A)--
                                  (I) in clause (ii) by striking ``; 
                                and'' and inserting a semicolon;
                                  (II) in clause (iii) by striking the 
                                period and inserting ``; and''; and
                                  (III) by adding at the end the 
                                following:
                          ``(iv) to reduce greenhouse gas emissions and 
                        limit the effects of climate change.''; and
                          (ii) by striking subparagraphs (D) and (E);
                  (B) in paragraph (4)--
                          (i) in subparagraph (A)--
                                  (I) in clause (ii) by striking ``; 
                                and'' and inserting a semicolon;
                                  (II) in clause (iii) by striking the 
                                period and inserting ``; and''; and
                                  (III) by adding at the end the 
                                following:
                          ``(iv) to reduce greenhouse gas emissions and 
                        limit the effects of climate change.''; and
                          (ii) in subparagraph (C)--
                                  (I) in clause (iv) by striking ``; 
                                and'' and inserting a semicolon;
                                  (II) in clause (v) by striking the 
                                period and inserting ``; and''; and
                                  (III) by inserting at the end the 
                                following:
                          ``(vi) establishing best practices and 
                        creating models and tools to support 
                        metropolitan and statewide planning practices 
                        to meet the considerations described in 
                        sections 134(i)(2)(I) and 135(f)(10) of this 
                        title, including--
                                  ``(I) strategies to address climate 
                                change mitigation and impacts described 
                                in sections 134(i)(2)(I)(ii) and 
                                135(f)(10)(B) of this title and the 
                                incorporation of such strategies into 
                                long range transportation planning;
                                  ``(II) preparation of a vulnerability 
                                assessment described in sections 
                                134(i)(2)(I)(iii) and 135(f)(10)(C) of 
                                this title; and
                                  ``(III) integration of these 
                                practices with the planning practices 
                                described in sections 5303(i)(2)(I) and 
                                5304(f)(10) of title 49.'';
                  (C) in paragraph (5)(A)--
                          (i) in clause (iv) by striking ``; and'' and 
                        inserting a semicolon;
                          (ii) in clause (v) by striking the period and 
                        inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(vi) reducing greenhouse gas emissions and 
                        limiting the effects of climate change.''; and
                  (D) by adding at the end the following:
          ``(9) Analysis tools.--The Secretary may develop interactive 
        modeling tools and databases that--
                  ``(A) track the condition of highway assets, 
                including interchanges, and the reconstruction history 
                of such assets;
                  ``(B) can be used to assess transportation options;
                  ``(C) allow for the monitoring and modeling of 
                network-level traffic flows on highways; and
                  ``(D) further Federal and State understanding of the 
                importance of national and regional connectivity and 
                the need for long-distance and interregional passenger 
                and freight travel by highway and other surface 
                transportation modes.
          ``(10) Performance management data support program.--
                  ``(A) Performance management data support.--The 
                Administrator of the Federal Highway Administration 
                shall develop, use, and maintain data sets and data 
                analysis tools to assist metropolitan planning 
                organizations, States, and the Federal Highway 
                Administration in carrying out performance management 
                analyses (including the performance management 
                requirements under section 150).
                  ``(B) Inclusions.--The data analysis activities 
                authorized under subparagraph (A) may include--
                          ``(i) collecting and distributing vehicle 
                        probe data describing traffic on Federal-aid 
                        highways;
                          ``(ii) collecting household travel behavior 
                        data to assess local and cross-jurisdictional 
                        travel, including to accommodate external and 
                        through travel;
                          ``(iii) enhancing existing data collection 
                        and analysis tools to accommodate performance 
                        measures, targets, and related data, so as to 
                        better understand trip origin and destination, 
                        trip time, and mode;
                          ``(iv) enhancing existing data analysis tools 
                        to improve performance predictions and travel 
                        models in reports described in section 150(e);
                          ``(v) developing tools--
                                  ``(I) to improve performance 
                                analysis; and
                                  ``(II) to evaluate the effects of 
                                project investments on performance;
                          ``(vi) assisting in the development or 
                        procurement of the transportation system access 
                        data under section 1403(g) of the INVEST in 
                        America Act; and
                          ``(vii) developing tools and acquiring data 
                        described under paragraph (9).
                  ``(C) Funding.--The Administrator of the Federal 
                Highway Administration may use up to $15,000,000 for 
                each of fiscal years 2023 through 2026 to carry out 
                this paragraph.''.
  (b) Repeal.--Section 6028 of the FAST Act (23 U.S.C. 150 note), and 
the item relating to such section in the table of contents in section 
1(b) of such Act, are repealed.

SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS PROGRAM.

  Section 503 of title 23, United States Code, as amended by section 
5101, is further amended by adding at the end the following:
  ``(d) Materials To Reduce Greenhouse Gas Emissions Program.--
          ``(1) In general.--Not later than 6 months after the date of 
        enactment of this subsection, the Secretary shall establish and 
        implement a program under which the Secretary shall award 
        grants to eligible entities to research and support the 
        development and deployment of materials that will capture, 
        absorb, adsorb, reduce, or sequester the amount of greenhouse 
        gas emissions generated during the production of highway 
        materials and the construction and use of highways.
          ``(2) Activities.--Activities under this section may 
        include--
                  ``(A) carrying out research to determine the 
                materials proven to most effectively capture, absorb, 
                adsorb, reduce, or sequester greenhouse gas emissions;
                  ``(B) evaluating and improves the ability of 
                materials to most effectively capture, absorb, adsorb, 
                reduce, or sequester greenhouse gas emissions;
                  ``(C) supporting the development and deployment of 
                materials that will capture, absorb, adsorb, reduce, or 
                sequester greenhouse gas emissions; and
                  ``(D) in coordination with standards-setting 
                organizations, such as the American Association of 
                State Highway and Transportation Officials, carrying 
                out research on--
                          ``(i) the extent to which existing state 
                        materials procurement standards enable the 
                        deployment of materials proven to most 
                        effectively reduce or sequester greenhouse gas 
                        emissions;
                          ``(ii) opportunities for States to adapt 
                        procurement standards to more frequently 
                        procure materials proven to most effectively 
                        reduce or sequester greenhouse gas emissions; 
                        and
                          ``(iii) how to support or incentivize States 
                        to adapt procurement standards to incorporate 
                        more materials proven to most effectively 
                        reduce or sequester greenhouse gas emissions.
          ``(3) Competitive selection process.--
                  ``(A) Applications.--To be eligible to receive a 
                grant under this subsection, an eligible entity shall 
                submit to the Secretary an application in such form and 
                containing such information as the Secretary may 
                require.
                  ``(B) Consideration.--In making grants under this 
                subsection, the Secretary shall consider the degree to 
                which applicants presently carry out research on 
                materials that capture, absorb, adsorb, reduce, or 
                sequester greenhouse gas emissions.
                  ``(C) Selection criteria.--The Secretary may make 
                grants under this subsection to any eligible entity 
                based on the demonstrated ability of the applicant to 
                fulfill the activities described in paragraph (2).
                  ``(D) Transparency.--The Secretary shall submit to 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives and the Committee on 
                Environment and Public Works of the Senate a report 
                describing the overall review process for a grant under 
                this subsection, including--
                          ``(i) specific criteria of evaluation used in 
                        the review;
                          ``(ii) descriptions of the review process; 
                        and
                          ``(iii) explanations of the grants awarded.
          ``(4) Grants.--
                  ``(A) Restrictions.--
                          ``(i) In general.--For each fiscal year, a 
                        grant made available under this subsection 
                        shall be not greater than $4,000,000 and not 
                        less than $2,000,000 per recipient.
                          ``(ii) Limitation.--An eligible entity may 
                        only receive one grant in a fiscal year under 
                        this subsection.
                  ``(B) Matching requirements.--As a condition of 
                receiving a grant under this subsection, a grant 
                recipient shall match 50 percent of the amounts made 
                available under the grant.
          ``(5) Program coordination.--
                  ``(A) In general.--The Secretary shall--
                          ``(i) coordinate the research, education, and 
                        technology transfer activities carried out by 
                        grant recipients under this subsection;
                          ``(ii) disseminate the results of that 
                        research through the establishment and 
                        operation of a publicly accessible online 
                        information clearinghouse; and
                          ``(iii) to the extent practicable, support 
                        the deployment and commercial adoption of 
                        effective materials researched or developed 
                        under this subsection to relevant stakeholders.
                  ``(B) Annual review and evaluation.--Not later than 2 
                years after the date of enactment of this subsection, 
                and not less frequently than annually thereafter, the 
                Secretary shall, consistent with the activities in 
                paragraph (3)--
                          ``(i) review and evaluate the programs 
                        carried out under this subsection by grant 
                        recipients, describing the effectiveness of the 
                        program in identifying materials that capture, 
                        absorb, adsorb, reduce, or sequester greenhouse 
                        gas emissions;
                          ``(ii) submit to the Committee on 
                        Transportation and Infrastructure of the House 
                        of Representatives and the Committee on 
                        Environment and Public Works of the Senate a 
                        report describing such review and evaluation; 
                        and
                          ``(iii) make the report in clause (ii) 
                        available to the public on a website.
          ``(6) Limitation on availability of amounts.--Amounts made 
        available to carry out this subsection shall remain available 
        for obligation by the Secretary for a period of 3 years after 
        the last day of the fiscal year for which the amounts are 
        authorized.
          ``(7) Information collection.--Any survey, questionnaire, or 
        interview that the Secretary determines to be necessary to 
        carry out reporting requirements relating to any program 
        assessment or evaluation activity under this subsection, 
        including customer satisfaction assessments, shall not be 
        subject to chapter 35 of title 44 (commonly known as the 
        `Paperwork Reduction Act').
          ``(8) Definition of eligible entity.--In this subsection, the 
        term `eligible entity' means--
                  ``(A) a nonprofit institution of higher education, as 
                such term is defined in section 101 of the Higher 
                Education Act of 1965 (20 U.S.C. 1001); and
                  ``(B) a State department of transportation.''.

SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC 
                    PLAN.

  Section 6503 of title 49, United States Code, is amended--
          (1) in subsection (a) by striking ``The Secretary'' and 
        inserting ``For the period of fiscal years 2017 through 2022, 
        and for each 5-year period thereafter, the Secretary'';
          (2) in subsection (c)(1)--
                  (A) in subparagraph (C) by inserting ``and security 
                in the transportation system'' after ``safety'';
                  (B) in subparagraph (D) by inserting ``and the 
                existing transportation system'' after 
                ``infrastructure'';
                  (C) in subparagraph (E) by striking ``; and'' and 
                inserting a semicolon;
                  (D) by amending subparagraph (F) to read as follows:
                  ``(F) reducing greenhouse gas emissions; and''; and
                  (E) by adding at the end the following:
                  ``(G) developing and maintaining a diverse workforce 
                in transportation sectors;''; and
          (3) in subsection (d) by striking ``not later than December 
        31, 2016,'' and inserting ``not later than December 31, 
        2022,''.

SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.

  Section 5505 of title 49, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in paragraph (4)--
                          (i) in subparagraph (A) by striking 
                        ``research priorities identified in chapter 
                        65.'' and inserting the following: ``following 
                        research priorities:
                          ``(i) Improving the mobility of people and 
                        goods.
                          ``(ii) Reducing congestion.
                          ``(iii) Promoting safety.
                          ``(iv) Improving the durability and extending 
                        the life of transportation infrastructure and 
                        the existing transportation system.
                          ``(v) Preserving the environment.
                          ``(vi) Reducing greenhouse gas emissions.''; 
                        and
                          (ii) in subparagraph (B)--
                                  (I) by striking ``Technology and'' 
                                and inserting ``Technology,'';
                                  (II) by inserting ``, the 
                                Administrator of the Federal Transit 
                                Administration,'' after ``Federal 
                                Highway Administration''; and
                                  (III) by striking ``and other modal 
                                administrations as appropriate'' and 
                                inserting ``and the Administrators of 
                                other operating administrations, as 
                                appropriate''; and
                  (B) by adding at the end the following:
          ``(7) Focused research considerations.--In awarding grants 
        under this section, the Secretary shall consider how the 
        program under this section advances research on the 
        cybersecurity implications of technologies relating to 
        connected vehicles, connected infrastructure, and automated 
        vehicles.'';
          (2) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) by striking ``Not later than 1 year after 
                        the date of enactment of this section,'' and 
                        inserting the following:
                  ``(A) Selection of grants.--Not later than 1 year 
                after the date of enactment of the INVEST in America 
                Act,''; and
                          (ii) by adding at the end the following:
                  ``(B) Limitations.--A grant under this subsection may 
                not include a cooperative agreement described in 
                section 6305 of title 31.'';
                  (B) in paragraph (2)--
                          (i) in subparagraph (A) by striking ``5 
                        consortia'' and inserting ``6 consortia'';
                          (ii) in subparagraph (B)--
                                  (I) in clause (i) by striking ``not 
                                greater than $4,000,000 and not less 
                                than $2,000,000'' and inserting ``not 
                                greater than $4,250,000 and not less 
                                than $2,250,000''; and
                                  (II) in clause (ii) by striking 
                                ``section 6503(c)'' and inserting 
                                ``subsection (b)(4)(A)'';
                          (iii) in subparagraph (C) by striking ``100 
                        percent'' and inserting ``50 percent''; and
                          (iv) by adding at the end the following:
                  ``(D) Requirement.--In awarding grants under this 
                section, the Secretary shall award 1 grant to a 
                national consortia for each focus area described in 
                subsection (b)(4)(A).'';
                  (C) in paragraph (3)--
                          (i) in subparagraph (C) by striking ``not 
                        greater than $3,000,000 and not less than 
                        $1,500,000'' and inserting ``not greater than 
                        $3,250,000 and not less than $1,750,000'';
                          (ii) in subparagraph (D)(i) by striking ``100 
                        percent'' and inserting ``50 percent''; and
                          (iii) by striking subparagraph (E); and
                  (D) in paragraph (4)--
                          (i) in subparagraph (A) by striking ``greater 
                        than $2,000,000 and not less than $1,000,000'' 
                        and inserting ``greater than $2,250,000 and not 
                        less than $1,250,000''; and
                          (ii) by striking subparagraph (C) and 
                        inserting the following:
                  ``(C) Consideration.--In awarding grants under this 
                section, the Secretary shall consider historically 
                black colleges and universities, as such term is 
                defined in section 371(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1067q), and other minority 
                institutions, as such term is defined by section 365 of 
                the Higher Education Act (20 U.S.C. 1067k), or 
                consortia that include such institutions that have 
                demonstrated an ability in transportation-related 
                research.
                  ``(D) Focused research.--
                          ``(i) In general.--In awarding grants under 
                        this section, the Secretary shall select not 
                        less than one grant recipient with each of the 
                        following focus areas:
                                  ``(I) Transit.
                                  ``(II) Connected and automated 
                                vehicle technology, including 
                                cybersecurity implications of 
                                technologies relating to connected 
                                vehicles, connected infrastructure, and 
                                automated vehicle technology.
                                  ``(III) Non-motorized transportation, 
                                including bicycle and pedestrian 
                                safety.
                                  ``(IV) The surface transportation 
                                workforce, including--
                                          ``(aa) current and future 
                                        workforce needs and challenges; 
                                        and
                                          ``(bb) the impact of 
                                        technology on the 
                                        transportation sector.
                                  ``(V) Climate change mitigation, 
                                including--
                                          ``(aa) researching the types 
                                        of transportation projects that 
                                        are expected to provide the 
                                        most significant greenhouse gas 
                                        emissions reductions from the 
                                        surface transportation sector; 
                                        and
                                          ``(bb) researching the types 
                                        of transportation projects that 
                                        are not expected to provide 
                                        significant greenhouse gas 
                                        emissions reductions from the 
                                        surface transportation sector.
                          ``(ii) Additional grants.--In awarding grants 
                        under this section and after awarding grants 
                        pursuant to clause (i), the Secretary may award 
                        any remaining grants to any grant recipient 
                        based on the criteria described in subsection 
                        (b)(4)(A).'';
          (3) in subsection (d)(3) by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2023 through 
        2026'';
          (4) by redesignating subsection (f) as subsection (g); and
          (5) by inserting after subsection (e) the following:
  ``(f) Surplus Amounts.--
          ``(1) In general.--Amounts made available to the Secretary to 
        carry out this section that remain unobligated after awarding 
        grants under subsection (c) shall be made available under the 
        unsolicited research initiative under section 5506.
          ``(2) Limitation on amounts.--Amounts under paragraph (1) 
        shall not exceed $2,000,000 for any given fiscal year.''.

SEC. 5105. UNSOLICITED RESEARCH INITIATIVE.

  (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is amended by adding at the end the following:

``Sec. 5506. Unsolicited research initiative

  ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall establish a program 
under which an eligible entity may at any time submit unsolicited 
research proposals for funding under this section.
  ``(b) Criteria.--A research proposal submitted under subsection (a) 
shall meet the purposes of the Secretary's 5-year transportation 
research and development strategic plan described in section 
6503(c)(1).
  ``(c) Applications.--To receive funding under this section, eligible 
entities shall submit to the Secretary an application that is in such 
form and contains such information as the Secretary may require.
  ``(d) Report.--Not later than 18 months after the date of enactment 
of this section, and annually thereafter, the Secretary shall make 
available to the public on a public website a report on the progress 
and findings of the program established under subsection (a).
  ``(e) Federal Share.--
          ``(1) In general.--The Federal share of the cost of an 
        activity carried out under this section may not exceed 50 
        percent.
          ``(2) Non-federal share.--All costs directly incurred by the 
        non-Federal partners, including personnel, travel, facility, 
        and hardware development costs, shall be credited toward the 
        non-Federal share of the cost of an activity carried out under 
        this section.
  ``(f) Funding.--
          ``(1) In general.--Of the funds made available to carry out 
        the university transportation centers program under section 
        5505, $2,000,000 shall be available for each of fiscal years 
        2023 through 2026 to carry out this section.
          ``(2) Funding flexibility.--
                  ``(A) In general.--For fiscal years 2023 through 
                2026, funds made available under paragraph (1) shall 
                remain available until expended.
                  ``(B) Uncommitted funds.--If the Secretary 
                determines, at the end of a fiscal year, funds under 
                paragraph (1) remain unexpended as a result of a lack 
                of meritorious projects under this section, the 
                Secretary may, for the following fiscal year, make 
                remaining funds available under either this section or 
                under section 5505.
  ``(g) Eligible Entity Defined.--In this section, the term `eligible 
entity' means--
          ``(1) a State;
          ``(2) a unit of local government;
          ``(3) a transit agency;
          ``(4) any nonprofit institution of higher education, 
        including a university transportation center under section 
        5505; and
          ``(5) a nonprofit organization.''.
  (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5505 the following new item:

``5506. Unsolicited research initiative.''.

SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT TRANSPORTATION 
                    RESEARCH PROGRAM.

  (a) In General.--Chapter 702 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 70205. National cooperative multimodal freight transportation 
                    research program

  ``(a) Establishment.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall establish and support a 
national cooperative multimodal freight transportation research 
program.
  ``(b) Agreement.--Not later than 6 months after the date of enactment 
of this section, the Secretary shall seek to enter into an agreement 
with the National Academy of Sciences to support and carry out 
administrative and management activities relating to the governance of 
the national cooperative multimodal freight transportation research 
program.
  ``(c) Advisory Committee.--In carrying out the agreement described in 
subsection (b), the National Academy of Sciences shall select a 
multimodal freight transportation research advisory committee 
consisting of multimodal freight stakeholders, including, at a 
minimum--
          ``(1) a representative of the Department of Transportation;
          ``(2) representatives of any other Federal agencies relevant 
        in supporting the nation's multimodal freight transportation 
        research needs;
          ``(3) a representative of a State department of 
        transportation;
          ``(4) a representative of a local government (other than a 
        metropolitan planning organization);
          ``(5) a representative of a metropolitan planning 
        organization;
          ``(6) a representative of the trucking industry;
          ``(7) a representative of the railroad industry;
          ``(8) a representative of the port industry;
          ``(9) a representative of logistics industry;
          ``(10) a representative of shipping industry;
          ``(11) a representative of a safety advocacy group with 
        expertise in freight transportation;
          ``(12) an academic expert on multimodal freight 
        transportation;
          ``(13) an academic expert on the contributions of freight 
        movement to greenhouse gas emissions; and
          ``(14) representatives of labor organizations representing 
        workers in freight transportation.
  ``(d) Elements.--The national cooperative multimodal freight 
transportation research program established under this section shall 
include the following elements:
          ``(1) National research agenda.--The advisory committee under 
        subsection (c), in consultation with interested parties, shall 
        recommend a national research agenda for the program 
        established in this section.
          ``(2) Involvement.--Interested parties may--
                  ``(A) submit research proposals to the advisory 
                committee;
                  ``(B) participate in merit reviews of research 
                proposals and peer reviews of research products; and
                  ``(C) receive research results.
          ``(3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award research 
        contracts and grants under the program through open competition 
        and merit review conducted on a regular basis.
          ``(4) Evaluation of research.--
                  ``(A) Peer review.--Research contracts and grants 
                under the program may allow peer review of the research 
                results.
                  ``(B) Programmatic evaluations.--The National Academy 
                of Sciences shall conduct periodic programmatic 
                evaluations on a regular basis of research contracts 
                and grants.
          ``(5) Dissemination of research findings.--
                  ``(A) In general.--The National Academy of Sciences 
                shall disseminate research findings to researchers, 
                practitioners, and decisionmakers, through conferences 
                and seminars, field demonstrations, workshops, training 
                programs, presentations, testimony to government 
                officials, a public website for the National Academy of 
                Sciences, publications for the general public, and 
                other appropriate means.
                  ``(B) Report.--Not more than 18 months after the date 
                of enactment of this section, and annually thereafter, 
                the Secretary shall make available on a public website 
                a report that describes the ongoing research and 
                findings of the program.
  ``(e) Contents.--The national research agenda under subsection (d)(1) 
shall include--
          ``(1) techniques and tools for estimating and identifying 
        both quantitative and qualitative public benefits derived from 
        multimodal freight transportation projects, including--
                  ``(A) greenhouse gas emissions reduction;
                  ``(B) congestion reduction; and
                  ``(C) safety benefits;
          ``(2) the impact of freight delivery vehicles, including 
        trucks, railcars, and non-motorized vehicles, on congestion in 
        urban and rural areas;
          ``(3) the impact of both centralized and disparate origins 
        and destinations on freight movement;
          ``(4) the impacts of increasing freight volumes on 
        transportation planning, including--
                  ``(A) first-mile and last-mile challenges to 
                multimodal freight movement;
                  ``(B) multimodal freight travel in both urban and 
                rural areas; and
                  ``(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 2023 through 2026''.

SEC. 5109. TRANSPORTATION EQUITY RESEARCH PROGRAM.

  (a) In General.--The Secretary of Transportation shall carry out a 
transportation equity research program for research and demonstration 
activities that focus on the impacts that surface transportation 
planning, investment, and operations have on low-income populations, 
minority populations, and other underserved populations that may be 
dependent on public transportation. Such activities shall include 
research on surface transportation equity issues, the development of 
strategies to advance economic and community development in public 
transportation-dependent populations, and the development of training 
programs that promote the employment of low-income populations, 
minority populations, and other underserved populations on Federal-aid 
transportation projects constructed in their communities.
  (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2023 through 2026.
  (c) Availability of Amounts.--Amounts made available to the Secretary 
to carry out this section shall remain available for a period of 3 
years beginning after the last day of the fiscal year for which the 
amounts are authorized.

SEC. 5110. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND 
                    TECHNOLOGY.

  Section 502(b)(3)(C) of title 23, United States Code, is amended by 
inserting ``entities that represent the needs of metropolitan planning 
organizations,'' after ``Officials,''.

SEC. 5111. METROPOLITAN PLANNING RESEARCH PILOT PROGRAM.

  (a) Establishment.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall seek to 
enter into an agreement with a nonprofit nongovernmental entity that 
exclusively serves the needs and interests of metropolitan planning 
organizations to establish a pilot program to provide awards to 
eligible entities to carry out eligible activities to enhance and 
improve metropolitan planning practices in surface transportation.
  (b) Goals.--The goals of the pilot program established under this 
section include--
          (1) enhancing metropolitan planning practices in surface 
        transportation;
          (2) improving the ability of metropolitan planning 
        organizations to meet performance measures and targets under 
        section 150 of title 23, United States Code;
          (3) preparing for the impact that emerging technologies, such 
        as connected and automated vehicles, will have on the 
        metropolitan planning process;
          (4) improving environmental considerations in the 
        metropolitan planning process;
          (5) reducing greenhouse gas emissions and limiting the 
        effects of climate change;
          (6) improving access to jobs and services;
          (7) supporting underserved communities; and
          (8) expanding the ability of metropolitan planning 
        organizations to collect public input and strengthen community 
        engagement.
  (c) Forms of Assistance.--An award provided under this section may be 
in the form of a grant, contract, or cooperative agreement.
  (d) Competitive Selection Process.--
          (1) Applications.--To be eligible to receive an award under 
        this section, an eligible entity shall submit to the Secretary 
        an application in such form and containing such information as 
        the Secretary may require.
          (2) Selection criteria.--The Secretary may provide awards 
        under this section to any eligible entity based on the 
        demonstrated ability of the entity to fulfill the goals 
        described under subsection (b) and carry out eligible 
        activities.
  (e) Transparency.--The Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report 
describing the selection process for providing an award under this 
section and the results of activities carried out under this section.
  (f) Definitions.--In this section:
          (1) Eligible activity.--The term ``eligible activity'' 
        means--
                  (A) carrying out research to improve metropolitan 
                planning practices;
                  (B) developing new metropolitan planning tools;
                  (C) improving existing metropolitan planning tools 
                and practices; or
                  (D) any other research activities the Secretary 
                determines to be appropriate, consistent with the goals 
                under subsection (b).
          (2) Eligible entity.--The term ``eligible entity'' means--
                  (A) a metropolitan planning organization designated 
                under section 134(d) of title 23, United States Code;
                  (B) a metropolitan planning organization working in 
                partnership with a nonprofit organization;
                  (C) a metropolitan planning organization working in 
                partnership with a county; or
                  (D) a group of entities described under subparagraphs 
                (A) through (C).
  (g) Federal Share.--The Federal share of the cost of an activity 
carried out using an award under this section shall be 100 percent.
  (h) Authorization of Appropriations.--
          (1) In general.--From the amounts made available to carry out 
        section 503(b) of title 23, United States Code, for each of 
        fiscal years 2023 through 2026, the Secretary may expend 
        $1,000,000 to carry out this section.
          (2) Administrative expenses.--Of the amounts made available 
        under paragraph (1), the Secretary may use up to 5 percent of 
        such funds for administrative expenses.
  (i) Information Collection.--Any survey, questionnaire, or interview 
that the Secretary determines to be necessary to carry out reporting 
requirements relating to any program assessment or evaluation activity 
under this section, including customer satisfaction assessments, shall 
not be subject to chapter 35 of title 44, United States Code (commonly 
known as the ``Paperwork Reduction Act'').

SEC. 5112. INTEGRATED PROJECT DELIVERY.

  (a) In General.--The Secretary of Transportation shall seek to enter 
into an agreement with the National Academy of Sciences to support and 
carry out a study of the effectiveness of integrated project delivery 
in delivering large infrastructure projects.
  (b) Contents.--
          (1) Areas of study.--The study shall--
                  (A) identify best practices for surface 
                transportation project delivery with a focus on 
                delivery of large or complex projects;
                  (B) determine whether there are any regulatory 
                requirements that limit the use of integrated project 
                delivery and the purpose of such regulations; and
                  (C) analyze the effectiveness of integrated project 
                delivery compared to traditional project delivery 
                methods, including an analysis of outcomes related to 
                safety, cost effectiveness, environmental impacts, and 
                on-time project delivery.
          (2) Methods.--In carrying out the study, the National Academy 
        of Sciences shall consult with entities with experience 
        managing, administering, or implementing integrated project 
        delivery projects.
  (c) Report.--Not later than 1 year after the completion of the study 
under subsection (a), the Secretary shall publish a report on the 
results of the study under this section.

SEC. 5113. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF ADVANCED 
                    DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.

  Section 503(c) of title 23, United States Code, is amended by adding 
at the end the following:
          ``(5) Accelerated implementation and deployment of advanced 
        digital construction management systems.--
                  ``(A) In general.--The Secretary shall, to the extent 
                practicable, under the technology and innovation 
                deployment program established under paragraph (1), 
                promote, support, and document the application of 
                advanced digital construction management systems, 
                practices, performance, and benefits.
                  ``(B) Goals.--The goals of promoting the accelerated 
                implementation and deployment of advanced digital 
                construction management systems established under 
                subparagraph (A) shall include--
                          ``(i) accelerated State and local government 
                        adoption of advanced digital construction 
                        management systems applied throughout the 
                        project delivery process (including through the 
                        design and engineering, construction, and 
                        operations phases) that--
                                  ``(I) maximize interoperability with 
                                other systems, products, tools, or 
                                applications;
                                  ``(II) boost productivity;
                                  ``(III) manage complexity and risk;
                                  ``(IV) reduce project delays and cost 
                                overruns;
                                  ``(V) enhance safety and quality; and
                                  ``(VI) support sustainable design and 
                                construction;
                          ``(ii) more timely and productive 
                        information-sharing among stakeholders through 
                        digital collaboration platforms that connect 
                        workflows, teams, and data and reduced reliance 
                        on paper to manage construction processes and 
                        deliverables;
                          ``(iii) deployment of digital management 
                        systems that enable and leverage the use of 
                        digital technologies on construction sites by 
                        contractors;
                          ``(iv) the development and deployment of best 
                        practices for use in digital construction 
                        management;
                          ``(v) increased technology adoption and 
                        deployment by States and units of local 
                        government that enables project sponsors--
                                  ``(I) to integrate the adoption of 
                                digital management systems and 
                                technologies in contracts; and
                                  ``(II) to weigh the cost of 
                                digitization and technology in setting 
                                project budgets;
                          ``(vi) technology training and workforce 
                        development to build the capabilities of 
                        project managers and sponsors that enables 
                        States and units of local government--
                                  ``(I) to better manage projects using 
                                advance digital construction management 
                                technologies; and
                                  ``(II) to properly measure and reward 
                                technology adoption across projects of 
                                the State or unit of local government;
                          ``(vii) development of guidance to assist 
                        States in updating regulations of the State to 
                        allow project sponsors and contractors--
                                  ``(I) to report data relating to the 
                                project in digital formats; and
                                  ``(II) to fully capture the 
                                efficiencies and benefits of advanced 
                                digital construction management systems 
                                and related technologies;
                          ``(viii) reduction in the environmental 
                        footprint of construction projects using 
                        advanced digital construction management 
                        systems resulting from elimination of 
                        congestion through more efficient projects;
                          ``(ix) development of more sustainable 
                        infrastructure that is designed to be more 
                        resilient to climate impacts, constructed with 
                        less material waste and made with more low-
                        emissions construction materials; and
                          ``(x) enhanced worker and pedestrian safety 
                        resulting from increased transparency.''.

                   Subtitle B--Technology Deployment

SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

  Section 503(c) of title 23, United States Code, is amended--
          (1) in paragraph (1)--
                  (A) in subparagraph (A) by inserting ``, while 
                considering the impacts on jobs'' after 
                ``transportation community'';
                  (B) in subparagraph (D) by striking ``; and'' and 
                inserting a semicolon;
                  (C) in subparagraph (E) by striking the period and 
                inserting ``; and''; and
                  (D) by adding at the end the following:
                  ``(F) reducing greenhouse gas emissions and limiting 
                the effects of climate change.''; and
          (2) in paragraph (2)(A) by striking the period and inserting 
        ``and findings from the materials to reduce greenhouse gas 
        emissions program under subsection (d).''.

SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF PAVEMENT 
                    TECHNOLOGIES.

  Section 503(c)(3) of title 23, United States Code, is amended--
          (1) in subparagraph (B)--
                  (A) in clause (v) by striking ``; and'' and inserting 
                a semicolon;
                  (B) in clause (vi) by striking the period and 
                inserting ``; and''; and
                  (C) by adding at the end the following:
                          ``(vii) the deployment of innovative pavement 
                        designs, materials, and practices that reduce 
                        or sequester the amount of greenhouse gas 
                        emissions generated during the production of 
                        highway materials and the construction of 
                        highways, with consideration for findings from 
                        the materials to reduce greenhouse gas 
                        emissions program under subsection (d).'';
          (2) in subparagraph (C) by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2023 through 
        2026''; and
          (3) in subparagraph (D)(ii)--
                  (A) in subclause (III) by striking ``; and'' and 
                inserting a semicolon;
                  (B) in subclause (IV) by striking the period and 
                inserting a semicolon; and
                  (C) by adding at the end the following:
                                  ``(V) pavement monitoring and data 
                                collection practices;
                                  ``(VI) pavement durability and 
                                resilience;
                                  ``(VII) stormwater management;
                                  ``(VIII) impacts on vehicle 
                                efficiency;
                                  ``(IX) the energy efficiency of the 
                                production of paving materials and the 
                                ability of paving materials to enhance 
                                the environment and promote 
                                sustainability;
                                  ``(X) integration of renewable energy 
                                in pavement designs; and
                                  ``(XI) greenhouse gas emissions 
                                reduction, including findings from the 
                                materials to reduce greenhouse gas 
                                emissions program under subsection 
                                (d).''.

SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY DAY COUNTS INITIATIVE.

  (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:

``Sec. 520. Every Day Counts initiative

  ``(a) In General.--It is in the national interest for the Department 
of Transportation, State departments of transportation, and all other 
recipients of Federal surface transportation funds--
          ``(1) to identify, accelerate, and deploy innovation aimed at 
        expediting project delivery;
          ``(2) enhancing the safety of the roadways of the United 
        States, and protecting the environment;
          ``(3) to ensure that the planning, design, engineering, 
        construction, and financing of transportation projects is done 
        in an efficient and effective manner;
          ``(4) to promote the rapid deployment of proven solutions 
        that provide greater accountability for public investments and 
        encourage greater private sector involvement; and
          ``(5) to create a culture of innovation within the highway 
        community.
  ``(b) Every Day Counts Initiative.--To advance the policy described 
in subsection (a), the Administrator of the Federal Highway 
Administration shall continue the Every Day Counts initiative to work 
with States, local transportation agencies, all other recipients of 
Federal surface transportation funds, and industry stakeholders, 
including labor representatives, to identify and deploy proven 
innovative practices and products that--
          ``(1) accelerate innovation deployment;
          ``(2) expedite the project delivery process;
          ``(3) improve environmental sustainability;
          ``(4) enhance roadway safety;
          ``(5) reduce congestion; and
          ``(6) reduce greenhouse gas emissions.
  ``(c) Considerations.--In carrying out the Every Day Counts 
initiative, the Administrator shall consider any innovative practices 
and products in accordance with subsections (a) and (b), including--
          ``(1) research results from the university transportation 
        centers program under section 5505 of title 49; and
          ``(2) results from the materials to reduce greenhouse gas 
        emissions program in section 503(d).
  ``(d) Innovation Deployment.--
          ``(1) In general.--At least every 2 years, the Administrator 
        shall work collaboratively with stakeholders to identify a new 
        collection of innovations, best practices, and data to be 
        deployed to highway stakeholders through case studies, 
        outreach, and demonstration projects.
          ``(2) Requirements.--In identifying a collection described in 
        paragraph (1), the Secretary shall take into account market 
        readiness, impacts, benefits, and ease of adoption of the 
        innovation or practice.
  ``(e) Publication.--Each collection identified under subsection (d) 
shall be published by the Administrator on a publicly available 
website.
  ``(f) Funding.--The Secretary may use funds made available to carry 
out section 503(c) to carry out this section.
  ``(g) Rule of Construction.--Nothing in this section may be construed 
to allow the Secretary to waive any requirement under any other 
provision of Federal law.''.
  (b) Clerical Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding at the end the following new 
item:

``520. Every Day Counts initiative.''.

  (c) Repeal.--Section 1444 of the FAST Act (23 U.S.C. 101 note), and 
the item related to such section in the table of contents in section 
1(b) of such Act, are repealed.

                   Subtitle C--Emerging Technologies

SEC. 5301. MOBILITY THROUGH ADVANCED TECHNOLOGIES.

  Section 503(c)(4) of title 23, United States Code, is amended--
          (1) in subparagraph (A)--
                  (A) by striking ``Not later than 6 months after the 
                date of enactment of this paragraph, the'' and 
                inserting ``The'';
                  (B) by striking ``establish an advanced 
                transportation and congestion management technologies 
                deployment'' and inserting ``establish a mobility 
                through advanced technologies'';
                  (C) by inserting ``mobility,'' before 
                ``efficiency,''; and
                  (D) by inserting ``environmental impacts,'' after 
                ``system performance,'';
          (2) in subparagraph (B)--
                  (A) by striking clause (i) and inserting the 
                following:
                          ``(i) reduce costs, improve return on 
                        investments, and improve person throughput and 
                        mobility, including through the optimization of 
                        existing transportation capacity;'';
                  (B) in clause (iv) by inserting ``bicyclist, and'' 
                before ``pedestrian'';
                  (C) in clause (vii)--
                          (i) by inserting ``increasing job 
                        opportunities,'' after ``performance,''; and
                          (ii) by striking ``; or'' and inserting a 
                        semicolon;
                  (D) in clause (viii)--
                          (i) by striking ``accelerate the deployment'' 
                        and inserting ``prepare for the safe 
                        deployment''; and
                          (ii) by striking the period and inserting ``; 
                        or''; and
                  (E) by adding at the end the following:
                          ``(ix) reduce greenhouse gas emissions and 
                        limit the effects of climate change.'';
          (3) in subparagraph (C)--
                  (A) in clause (ii)--
                          (i) in subclause (II)(aa) by striking 
                        ``congestion'' and inserting ``congestion and 
                        delays, greenhouse gas emissions'';
                          (ii) in subclause (III) by inserting 
                        ``economic,'' after ``mobility,''; and
                          (iii) in subclause (IV) by inserting 
                        ``organizations representing the surface 
                        transportation workforce,'' after ``leaders,''; 
                        and
                  (B) by adding at the end the following:
                          ``(iii) Considerations.--An application 
                        submitted under this paragraph may include a 
                        description of how the proposed project would 
                        support the national goals described in section 
                        150(b), the achievement of metropolitan and 
                        statewide targets established under section 
                        150(d), or the improvement of transportation 
                        system access consistent with section 150(f), 
                        including through--
                                  ``(I) the congestion and on-road 
                                mobile-source emissions performance 
                                measures established under section 
                                150(c)(5); or
                                  ``(II) the greenhouse gas emissions 
                                performance measures established under 
                                section 150(c)(7).'';
          (4) in subparagraph (D) by adding at the end the following:
                          ``(iv) Prioritization.--In awarding a grant 
                        under this paragraph, the Secretary shall 
                        prioritize projects that, in accordance with 
                        the criteria described in subparagraph (B)--
                                  ``(I) improve person throughput and 
                                mobility, including through the 
                                optimization of existing transportation 
                                capacity;
                                  ``(II) deliver environmental 
                                benefits;
                                  ``(III) reduce the number and 
                                severity of traffic crashes and 
                                increase driver, passenger, bicyclist, 
                                and pedestrian safety; or
                                  ``(IV) reduce greenhouse gas 
                                emissions and limit the effects of 
                                climate change.
                          ``(v) Grant distribution.--In each fiscal 
                        year, the Secretary shall award not fewer than 
                        3 grants under this paragraph based on the 
                        potential of the project to reduce the number 
                        and severity of traffic crashes and increase, 
                        driver, passenger, bicyclist, and pedestrian 
                        safety.
                          ``(vi) Workforce partnerships.--In awarding a 
                        grant under this paragraph, the Secretary shall 
                        consider, to the extent practicable, any 
                        demonstrated partnership of the applicant with 
                        representatives of the surface transportation 
                        workforce.'';
          (5) in subparagraph (E)--
                  (A) in clause (iv) by inserting ``consistent with 
                section 5312 of title 49'' after ``systems'';
                  (B) in clause (vi)--
                          (i) by inserting ``, vehicle-to-pedestrian,'' 
                        after ``vehicle-to-vehicle''; and
                          (ii) by inserting ``systems to improve 
                        vulnerable road user safety,'' before 
                        ``technologies associated with'' ;
                  (C) in clause (viii) by striking ``; or'' and 
                inserting a semicolon;
                  (D) in clause (ix) by striking ``disabled 
                individuals.'' and inserting ``disabled individuals, 
                including activities under section 5316 of title 49;''; 
                and
                  (E) by adding at the end the following:
                          ``(x) measures to safeguard surface 
                        transportation system technologies under this 
                        subparagraph from cybersecurity threats; or
                          ``(xi) retrofitting dedicated short-range 
                        communications technology deployed as part of 
                        an existing pilot program to cellular vehicle-
                        to-everything technology.'';
          (6) by striking subparagraph (G) and inserting the following:
                  ``(G) Reporting.--
                          ``(i) Applicability of law.--The program 
                        under this paragraph shall be subject to the 
                        accountability and oversight requirements in 
                        section 106(m).
                          ``(ii) Report.--Not later than 3 years after 
                        the date that the first grant is awarded under 
                        this paragraph, and each year thereafter, the 
                        Secretary shall make available to the public on 
                        a website a report that describes the 
                        effectiveness of grant recipients in meeting 
                        their projected deployment plans, including 
                        data provided under subparagraph (F) on how the 
                        program has provided benefits, such as how the 
                        program has--
                                  ``(I) reduced traffic-related 
                                fatalities and injuries;
                                  ``(II) reduced traffic congestion and 
                                improved travel time reliability;
                                  ``(III) reduced transportation-
                                related emissions;
                                  ``(IV) optimized multimodal system 
                                performance;
                                  ``(V) improved access to 
                                transportation alternatives;
                                  ``(VI) provided the public with 
                                access to real-time integrated traffic, 
                                transit, and multimodal transportation 
                                information to make informed travel 
                                decisions;
                                  ``(VII) provided cost savings to 
                                transportation agencies, businesses, 
                                and the traveling public;
                                  ``(VIII) created or maintained 
                                transportation jobs and supported 
                                transportation workers; or
                                  ``(IX) provided other benefits to 
                                transportation users, workers, and the 
                                general public.
                          ``(iii) Considerations.--If applicable, the 
                        Secretary shall ensure that the activities 
                        described in subclauses (I) and (IV) of clause 
                        (ii) reflect--
                                  ``(I) any information described in 
                                subparagraph (C)(iii) that is included 
                                by an applicant; or
                                  ``(II) the project prioritization 
                                guidelines under subparagraph 
                                (D)(iv).'';
          (7) in subparagraph (I) by striking ``Funding'' and all that 
        follows through ``the Secretary may set aside'' and inserting 
        the following: ``Funding.--Of the amounts made available to 
        carry out this paragraph, the Secretary may set aside'';
          (8) in subparagraph (J) by striking the period at the end and 
        inserting ``, except that the Federal share of the cost of a 
        project for which a grant is awarded under this paragraph shall 
        not exceed 80 percent.'';
          (9) in subparagraph (K) by striking ``amount described under 
        subparagraph (I)'' and inserting ``funds made available to 
        carry out this paragraph'';
          (10) by striking subparagraph (M) and inserting the 
        following:
                  ``(M) Grant flexibility.--If, by August 1 of each 
                fiscal year, the Secretary determines that there are 
                not enough grant applications that meet the 
                requirements described in subparagraph (C) to carry out 
                this paragraph for a fiscal year, the Secretary shall 
                transfer to the technology and innovation deployment 
                program--
                          ``(i) any of the funds made available to 
                        carry out this paragraph in a fiscal year that 
                        the Secretary has not yet awarded under this 
                        paragraph; and
                          ``(ii) an amount of obligation limitation 
                        equal to the amount of funds that the Secretary 
                        transfers under clause (i).''; and
          (11) in subparagraph (N)--
                  (A) in clause (i) by inserting ``an urbanized area 
                with'' before ``a population of''; and
                  (B) in clause (iii) by striking ``a any'' and 
                inserting ``any''.

SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.

  (a) Use of Funds for ITS Activities.--Section 513(c)(1) of title 23, 
United States Code, is amended by inserting ``greenhouse gas emissions 
reduction,'' before ``and congestion management''.
  (b) Goals and Purposes.--Section 514(a) of title 23, United States 
Code, is amended--
          (1) in paragraph (6) by striking ``national freight policy 
        goals'' and inserting ``national multimodal freight policy 
        goals and activities described in subtitle IX of title 49'';
          (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively; and
          (3) by inserting after paragraph (3) the following:
          ``(4) reduction of greenhouse gas emissions and mitigation of 
        the effects of climate change;''.
  (c) General Authorities and Requirements.--Section 515(h) of title 
23, United States Code, is amended--
          (1) in paragraph (2)--
                  (A) by striking ``20 members'' and inserting ``25 
                members'';
                  (B) in subparagraph (A) by striking ``State highway 
                department'' and inserting ``State department of 
                transportation'';
                  (C) in subparagraph (B) by striking ``local highway 
                department'' and inserting ``local department of 
                transportation'';
                  (D) by striking subparagraphs (E), (F), (G), (H), 
                (I), and (J) and inserting the following:
                  ``(E) a private sector representative of the 
                intelligent transportation systems industry;
                  ``(F) a representative from an advocacy group 
                concerned with safety, including bicycle and pedestrian 
                interests;
                  ``(G) a representative from 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(a) of title 23, United 
States Code, is amended by inserting ``including through grants to 
entities or groups of entities, such as institutions of higher 
education,'' after ``research and development,''.
  (e) Research and Development Priority Areas.--Section 516(b) of title 
23, United States Code, is amended--
          (1) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (6), (7), and (8), respectively;
          (2) by inserting after paragraph (4) the following:
          ``(5) demonstrate reductions in greenhouse gas emissions;'';
          (3) in paragraph (7), as so redesignated, by striking ``; 
        or'' and inserting a semicolon;
          (4) in paragraph (8), as so redesignated, by striking the 
        period and inserting a semicolon; and
          (5) by adding at the end the following:
          ``(9) integrate existing observational networks and data 
        management systems for road weather applications; or
          ``(10) facilitate the interconnectivity of data and 
        information technology systems across different observational 
        networks and different users.''.

SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION 
                    CLEARINGHOUSE.

  (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is further amended by adding at the end the following:

``Sec. 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 is designed to be operated 
        by a level 3 or level 4 automated driving system for trips 
        within its operational design domain or a level 5 automated 
        driving system for all trips according to the recommended 
        standards published in April 2021, by the Society of Automotive 
        Engineers International (J3016l9 202104) or, when adopted, 
        equivalent standards established by the Secretary under chapter 
        301 of title 49, United States Code, with respect to automated 
        motor vehicles.
          ``(2) Mobility innovation.--The term `mobility innovation' 
        means an activity described in section 5316, including mobility 
        on demand and mobility as a service (as such terms are defined 
        in such section).
          ``(3) Institution of higher education.--The term `institution 
        of higher education' has the meaning given the term in section 
        101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
          ``(4) Secondary impacts.--The term `secondary impacts' means 
        the impacts on land use, urban design, transportation systems, 
        real estate, accessibility, municipal budgets, social equity, 
        availability and quality of jobs, air quality and climate, 
        energy consumption, and the environment.''.
  (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is 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 operating between lanes of slow or 
                stopped traffic; and
                  (F) depending on the level of automation of the 
                vehicle, the degree to which human intervention remains 
                necessary to safely operate an automated vehicle to 
                ensure the safety of general road users in 
                circumstances including--
                          (i) dangerous weather;
                          (ii) an electronic or system malfunction of 
                        the automated vehicle; and
                          (iii) a cybersecurity threat to the operation 
                        of the vehicle.
          (4) Public comment.--Before conducting the study under 
        paragraph (1), the Secretary shall provide an opportunity for 
        public comment on the study proposal.
  (c) Working Group.--
          (1) Establishment.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        establish a working group to assist in the development of the 
        study and recommendations under subsection (b).
          (2) Membership.--The working group established under 
        paragraph (1) shall include representation from--
                  (A) the National Highway Traffic Safety 
                Administration;
                  (B) State departments of transportation;
                  (C) local governments (other than metropolitan 
                planning organizations, as such term is defined in 
                section 134(b) of title 23, United States Code);
                  (D) transit agencies;
                  (E) metropolitan planning organizations (as such term 
                is defined in section 134(b) of title 23, United States 
                Code);
                  (F) bicycle and pedestrian safety groups;
                  (G) highway and automobile safety groups;
                  (H) truck safety groups;
                  (I) law enforcement officers and first responders;
                  (J) motor carriers and independent owner-operators;
                  (K) the road construction industry;
                  (L) labor organizations;
                  (M) academic experts on automated vehicle 
                technologies;
                  (N) manufacturers and developers of both passenger 
                and commercial automated vehicles;
                  (O) a motorcyclist rights group; and
                  (P) other industries and entities as the Secretary 
                determines appropriate.
          (3) Duties.--The working group established under paragraph 
        (1) shall assist the Secretary by, at a minimum--
                  (A) assisting in the development of the scope of the 
                study under subsection (b);
                  (B) reviewing the data and analysis from such study;
                  (C) provide ongoing recommendations and feedback to 
                ensure that such study reflects the contents described 
                in paragraphs (2) and (3) of subsection (b); and
                  (D) providing input to the Secretary on 
                recommendations required under subsection (b)(2)(C).
          (4) Applicability of the federal advisory committee act.--The 
        working group under this subsection shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.), except that 
        section 14 of such Act shall not apply.
  (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate, and make publicly available, the study initiated under 
subsection (b), including recommendations for ensuring that automated 
vehicles safely interact with general road users.
  (e) Definitions.--In this section:
          (1) Automated vehicle.--The term ``automated vehicle'' means 
        a motor vehicle that is designed to be operated by a level 3 or 
        level 4 automated driving system for trips within its 
        operational design domain or a level 5 automated driving system 
        for all trips according to the recommended standards published 
        in April 2021, by the Society of Automotive Engineers 
        International (J3016l9 202104) or, when adopted, equivalent 
        standards established by the Secretary under chapter 301 of 
        title 49, United States Code, with respect to automated motor 
        vehicles.
          (2) General road users.--The term ``general road users'' 
        means--
                  (A) motor vehicles driven by individuals;
                  (B) bicyclists and pedestrians;
                  (C) motorcyclists;
                  (D) workers in roadside construction zones;
                  (E) emergency response vehicles, including first 
                responders;
                  (F) vehicles providing local government services, 
                including street sweepers and waste collection 
                vehicles;
                  (G) law enforcement officers;
                  (H) personnel who manually direct traffic, including 
                crossing guards;
                  (I) users of shared micromobility (including 
                bikesharing and shared scooter systems); and
                  (J) other road users that may interact with automated 
                vehicles, as determined by the Secretary of 
                Transportation.
          (3) Vulnerable road user.--The term ``vulnerable road user'' 
        has the meaning given such term in section 148(a) of title 23, 
        United States Code.

SEC. 5305. 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. SURFACE TRANSPORTATION WORKFORCE RETRAINING GRANT PROGRAM.

  (a) Establishment.--The Secretary of Transportation shall establish a 
program to make grants to eligible entities to develop a curriculum 
for, and establish, transportation workforce training programs in urban 
and rural areas to train, retrain, or upgrade the skills of surface 
transportation workers--
          (1) whose employment may be changed or worsened by 
        automation;
          (2) who have been separated from employment; or
          (3) who have received notice of impending employment loss as 
        a result of being replaced by the use of automated vehicles.
  (b) Eligible Entities.--The following entities shall be eligible to 
receive grants under this section:
          (1) Institutions of higher education.
          (2) Consortia of institutions of higher education.
          (3) Nonprofit organizations with a demonstrated capacity to 
        develop and provide career pathway programs through labor-
        management partnerships, pre-apprenticeships, or registered 
        apprenticeships on a nationwide basis.
          (4) Local governments.
  (c) Limitation on Awards.--An entity may only receive one grant in a 
fiscal year under this section.
  (d) Use of Funds.--
          (1) In general.--A recipient of a grant under this section 
        may only use grant amounts for developing and carrying out 
        training programs, including--
                  (A) identifying and testing new duties for existing 
                jobs impacted by the use of automated vehicles, 
                including mechanical work, diagnostic work, and fleet 
                operations management;
                  (B) educational programs, including--
                          (i) coursework or curricula through which 
                        participants may pursue a degree or 
                        certification; and
                          (ii) tuition and direct education expenses, 
                        excluding salaries, in connection with the 
                        education and training of surface 
                        transportation workers whose jobs have been 
                        affected by the use of automated vehicles; and
                  (C) employee professional development, including 
                worker training or retraining, including train-the-
                trainer programs, to upgrade the skills of surface 
                transportation workers whose jobs have been affected by 
                the use of automated vehicles.
          (2) Reporting.--A recipient of a grant under this section 
        shall report to the Secretary the following information:
                  (A) The sectors of the surface transportation system 
                from which workers are being displaced.
                  (B) The skills and professions for which workers are 
                being retrained.
                  (C) How many workers have benefitted from a grant 
                awarded under this section.
                  (D) Relevant demographic information of impacted 
                workers.
          (3) Limitation.--Funds made available under this section may 
        not be used to evaluate the effectiveness of automated vehicle 
        technologies.
  (e) Selection Criteria.--In selecting grant recipients under this 
section, the Secretary shall consider the extent to which an 
applicant--
          (1) demonstrates the capability to develop curricula and 
        provide training, provide retraining, or upgrade the skills of 
        individuals described in subsection (a);
          (2) will provide program participants with practical 
        experience and on-the-job training; and
          (3) demonstrates a commitment to carry out a surface 
        transportation workforce development program through degree-
        granting programs or programs that provide other industry-
        recognized credentials.
  (f) Federal Share.--
          (1) In general.--The Federal share of the cost of a grant 
        under this section shall be 100 percent.
          (2) Availability of funds.--For a recipient of a grant under 
        this section carrying out activities under such grant in 
        partnership with a public transportation agency that is 
        receiving funds under section 5307, 5337, or 5339 of title 49, 
        United States Code, up to 0.5 percent of amounts made available 
        under any such section may qualify as the non-Federal share 
        under paragraph (1).
  (g) Report Requirements.--Not later than 60 days after grants are 
awarded in a fiscal year under this section, the Secretary shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committees on Commerce, Science, and 
Transportation, Banking, Housing, and Urban Affairs, and Environment 
and Public Works of the Senate, and make publicly available, a report 
that includes--
          (1) a list of all grant recipients for such fiscal year;
          (2) an explanation of why each recipient was chosen in 
        accordance with the selection criteria under subsection (e);
          (3) a summary of activities planned to be carried out by each 
        recipient and how such activities relate to the goals 
        established under subsection (a);
          (4) the grant amount awarded to each recipient; and
          (5) the information required to be provided to the Secretary 
        under subsection (d)(2).
  (h) Definitions.--In this section:
          (1) Automated vehicle.--The term ``automated vehicle'' means 
        a motor vehicle that is designed to be operated by a level 3 or 
        level 4 automated driving system for trips within its 
        operational design domain or a level 5 automated driving system 
        for all trips according to the recommended standards published 
        in April 2021, by the Society of Automotive Engineers 
        International (J3016l9 202104) or, when adopted, equivalent 
        standards established by the Secretary under chapter 301 of 
        title 49, United States Code, with respect to automated motor 
        vehicles.
          (2) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given the term in section 
        101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
          (3) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302 of title 49, United States Code.
          (4) Pre-apprenticeship.--The term ``pre-apprenticeship'' 
        means a training model or program that prepares individuals for 
        acceptance into a registered apprenticeship and has a 
        demonstrated partnership with one or more registered 
        apprenticeships.
          (5) Registered apprenticeship.--The term ``registered 
        apprenticeship'' means an apprenticeship program registered 
        under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; 
        commonly known as the ``National Apprenticeship Act''), that 
        satisfies the requirements of parts 29 and 30 of title 29, Code 
        of Federal Regulations (as in effect on January 1, 2020).
  (i) Authorization of Appropriations.--
          (1) In general.--There is authorized to be appropriated 
        $50,000,000 for each of fiscal years 2023 through 2026 to carry 
        out this section.
          (2) Availability of amounts.--Amounts made available to the 
        Secretary to carry out this section shall remain available for 
        a period of 3 years after the last day of the fiscal year for 
        which the amounts are authorized.

SEC. 5307. 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. 5308. THIRD-PARTY DATA PLANNING INTEGRATION PILOT PROGRAM.

  (a) In General.--Not later than 180 days after enactment of this Act, 
the Secretary of Transportation shall establish and implement a pilot 
program (in this section referred to as the ``program'') to leverage 
anonymous crowdsourced data from third-party entities to improve 
transportation management capabilities and efficiency on Federal-aid 
highways.
  (b) Goals.--The goals of the program include the utilization of 
anonymous crowdsourced data from third parties to--
          (1) utilize private-user data to inform infrastructure 
        planning decisions for the purposes of--
                  (A) reducing congestion;
                  (B) decreasing miles traveled;
                  (C) increasing safety;
                  (D) improving freight efficiency;
                  (E) enhancing environmental conditions; and
                  (F) other purposes as the Secretary deems necessary.
  (c) Partnership.--In carrying out the program, the Secretary is 
authorized to enter into agreements with public and private sector 
entities to accomplish the goals listed in subsection (b).
  (d) Data Privacy and Security.--The Secretary shall ensure the 
protection of privacy for all sources of data utilized in the program, 
promoting cybersecurity to prevent hacking, spoofing, and disruption of 
connected and automated transportation systems.
  (e) Program Locations.--In carrying out the program, the Secretary 
shall initiate programs in a variety of areas, including urban, 
suburban, rural, tribal, or any other appropriate settings.
  (f) Best Practices.--Not later than 3 years after date of enactment 
of this Act, the Secretary shall publicly make available best practices 
to leverage private user data to support improved transportation 
management capabilities and efficiency, including--
          (1) legal considerations when acquiring private user data for 
        public purposes; and
          (2) protecting privacy and security of individual user data.
  (g) Report.--The Secretary shall annually submit a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report detailing--
          (1) a description of the activities carried out under the 
        pilot program;
          (2) an evaluation of the effectiveness of the pilot program 
        in meeting goals descried in subsection (b); and
          (3) policy recommendations to improve the implementation of 
        anonymous crowdsourced data into planning decisions.
  (h) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to carry out the program.
  (i) Sunset.--On a date that is 5 years after the enactment of this 
Act, this program shall cease to be effective.

SEC. 5309. AUTOMATED COMMERCIAL VEHICLE REPORTING.

  (a) Establishment.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall establish a 
repository for submitting entities to submit information to the 
Secretary on operations of automated commercial motor vehicles in 
interstate commerce.
  (b) Purposes.--The purpose of this section shall be to ensure 
automated commercial motor vehicle safety and transparency in 
developing and maintaining the repository under this section.
  (c) Information Required.--
          (1) Submissions.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall develop a process 
        for submitting entities operating automated commercial motor 
        vehicles in interstate commerce to provide the following 
        information in accordance with paragraph (2):
                  (A) The name of the submitting entity responsible for 
                the operation of an automated commercial motor vehicle 
                or vehicles.
                  (B) The make, model, and weight class of such vehicle 
                or vehicles.
                  (C) The intended level of automation of such vehicle 
                or vehicles, according to the taxonomy described in 
                subsection (f)(1).
                  (D) The Department of Transportation number or 
                operating authority assigned to the submitting entity 
                described in subparagraph (A), if applicable.
                  (E) A list of States in which the operation of such 
                vehicle or vehicles will occur and a list of Federal-
                aid highways (as defined in section 101(a) of title 23, 
                United States Code) on which the operation will occur, 
                as well as total miles traveled in the previous year on 
                a biannual basis.
                  (F) Any cargo classifications or passengers to be 
                transported in such vehicle or vehicles, including 
                whether the submitting entity is transporting such 
                cargo or passengers under contract with another entity.
                  (G) Documentation of training or certifications 
                provided to any drivers, or other individuals directly 
                involved in the performance of the dynamic driving task 
                or fallback during operation of the vehicle, if any.
                  (H) Any fatigue management plans or work hour 
                limitations applicable to drivers, if any, consistent 
                with such standards of the Department regarding 
                automated commercial motor vehicle drivers.
                  (I) Law enforcement interaction plans for automated 
                commercial motor vehicles submitted to State 
                transportation agencies or State and local law 
                enforcement agencies.
                  (J) Proof of insurance coverage.
          (2) Submission and updates.--
                  (A) In general.--A submitting entity responsible for 
                the operation of an automated commercial motor vehicle 
                shall provide the information required under this 
                subsection not later than 60 days after the Secretary 
                has published the notice establishing the process 
                described in paragraph (1).
                  (B) Material change of information.--The submitting 
                entity responsible for the operation of an automated 
                commercial motor vehicle shall notify the Secretary of 
                any material changes to the information previously 
                provided pursuant to this subsection on an annual 
                basis, or on a more frequent basis specified by the 
                Secretary.
                  (C) Amendment and correction.--If a submitting entity 
                responsible for the operation of an automated 
                commercial motor vehicle submits incomplete or 
                inaccurate information pursuant to subsection (c), the 
                submitting entity shall be given an opportunity to 
                amend or correct the submission within a reasonable 
                timeframe to be established by the Secretary.
  (d) Public Availability of Information.--
          (1) In general.--The Secretary shall make available on a 
        publicly accessible website of the Department of Transportation 
        the following information on automated commercial motor 
        vehicles:
                  (A) The prevalence of planned operations of such 
                vehicles.
                  (B) The characteristics of such operations.
                  (C) The geographic location of such operations in a 
                safe manner that reflects only the most significant 
                public road or roads on which the majority of the route 
                takes place, as determined appropriate by the 
                Secretary.
          (2) Protection of information.--Any data collected under 
        subsection (c) and made publicly available pursuant to this 
        subsection shall be made available in a manner that--
                  (A) precludes the connection of the data to any 
                individual motor carrier, shipper, company, vehicle 
                manufacturer, or other submitting entity submitting 
                data;
                  (B) protects the safety, privacy, and confidentiality 
                of individuals, operators, and submitting entities 
                submitting the data; and
                  (C) protects from disclosing--
                          (i) trade secrets; and
                          (ii) information obtained from a submitting 
                        entity that is commercial or financial and 
                        privileged or confidential, in accordance with 
                        section 552(b)(4) of title 5, United States 
                        Code.
  (e) Crash Data.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall require submitting 
        entities to submit information regarding collisions which occur 
        during the operation of an automated commercial motor vehicle 
        on public roads while the vehicle's automated driving system is 
        engaged, including--
                  (A) fatalities or bodily injury to persons who, as a 
                result of the injury, immediately receive medical 
                treatment away from the scene of a collision involving 
                the automated commercial motor vehicle;
                  (B) collisions or damage to property involving an 
                automated commercial motor vehicle that results in an 
                automated commercial motor vehicle or a motor vehicle 
                being transported away from the scene by a tow truck or 
                other motor vehicle;
                  (C) a full description of how the collision or damage 
                to property occurred, including, if applicable, the 
                role of the automated driving system; and
                  (D) the mode of transportation used by any road users 
                involved in the collision, including general road 
                users, as such term is defined under section 5304 of 
                this Act.
          (2) Data availability.--The Secretary shall ensure that any 
        submitting entity submitting information under this subsection 
        that has a Department of Transportation number or operating 
        authority from the Federal Motor Carrier Safety 
        Administration--
                  (A) shall be subject to safety monitoring and 
                oversight under the Compliance, Safety, and 
                Accountability program of the Federal Motor Carrier 
                Safety Administration; and
                  (B) shall be included when the Secretary restores the 
                public availability of relevant safety data under such 
                program under section 4202(b) of this Act.
          (3) Rulemaking.--
                  (A) In general.--Not later than 1 year after the date 
                of enactment of this Act, the Secretary shall initiate 
                a rulemaking to define the term ``safety incident'', 
                including collisions, with respect to automated 
                commercial motor vehicle safety.
                  (B) Update.--Notwithstanding paragraph (1), the 
                Secretary shall carry out this subsection to require 
                submitting entities to submit information regarding 
                safety incidents instead of collisions upon issuing a 
                final rule under subparagraph (A).
                  (C) Voluntary reporting.--
                          (i) In general.--To support the rulemaking 
                        under this paragraph, the Secretary shall 
                        establish a mechanism through which entities 
                        may voluntarily report safety data or other 
                        information regarding automated commercial 
                        motor vehicles.
                          (ii) Use of data.--The data collected under 
                        this subparagraph may only be used to support 
                        the rulemaking under this paragraph.
                          (iii) Protection from disclosure.--Data or 
                        other information submitted under this 
                        subparagraph--
                                  (I) shall not be made publicly 
                                available; and
                                  (II) shall not be disclosed to the 
                                public by the Secretary pursuant to 
                                section 552(b)(4) of title 5, United 
                                States Code, if the data or other 
                                information is submitted to the 
                                Secretary voluntarily and is not 
                                required to be submitted to the 
                                Secretary under any other provision of 
                                law.
  (f) Definitions.--In this section:
          (1) Automated commercial motor vehicle.--The term ``Automated 
        commercial motor vehicle'' means a commercial motor vehicle (as 
        such term is defined in section 31132 of title 49, United 
        States Code) that is designed to be operated by a level 3 or 
        level 4 automated driving system for trips within its 
        operational design domain or a level 5 automated driving system 
        for all trips according to the recommended taxonomy published 
        in April 2021, by the Society of Automotive Engineers 
        International (J3016_202104) or, when adopted, equivalent 
        standards established by the Secretary under chapter 301 of 
        title 49, United States Code, with respect to automated motor 
        vehicles.
          (2) Broker.--The term ``broker'' has the meaning given such 
        term under section 13102 of title 49, United States Code.
          (3) Employer.--The term ``employer'' has the meaning given 
        such term under section 31132 of title 49, United States Code.
          (4) Freight forwarder.--The term ``freight forwarder'' has 
        the meaning given such term in section 13102 of title 49, 
        United States Code.
          (5) Motor carrier.--The term ``motor carrier'' has the 
        meaning given such term in section 13102 of title 49, United 
        States Code.
          (6) Submitting entity.--The term ``submitting entity'' means 
        either--
                  (A) a motor carrier; or
                  (B) a company that is carrying out motor carrier-
                related operations in interstate commerce on public 
                roads or an employer thereof, such as a motor carrier, 
                freight forwarder, or broker.
          (7) Truck platooning.--The term ``truck platooning'' means a 
        series of commercial motor vehicles traveling in a unified 
        manner with electronically coordinated braking, acceleration, 
        and steering with a driver in the lead commercial motor 
        vehicle.
  (g) Duplicative Reporting.--
          (1) In general.--The Secretary may not require duplicative 
        reporting.
          (2) Joint submissions.--Submitting entities working in 
        partnership on the same automated commercial motor vehicle 
        operational trips shall make 1 submission of the information 
        required under this section for each general route, as 
        determined appropriate by the Secretary.
          (3) Information.--In developing the reporting process 
        required under subsection (c), the Secretary shall ensure, to 
        the extent practicable, that submitting entities are not 
        required to submit information previously reported to the 
        Secretary under chapters 139 or 311 of title 49, United States 
        Code.
  (h) Savings Provision.--Nothing in this section shall add to or 
detract from any existing--
          (1) enforcement authority of the Department of 
        Transportation; or
          (2) authority to operate automated commercial motor vehicles 
        in interstate commerce on public roads.
  (i) Penalties.--An entity that violates any provision of this section 
shall be subject to civil penalties under section 521(b)(2)(B), of 
title 49, United States Code, and criminal penalties under section 
521(b)(6)(A) of such title, and any other applicable civil and criminal 
penalties, as determined by the Secretary.
  (j) Treatment.--In carrying out this section, the Secretary shall 
treat truck platooning operations the same as automated commercial 
motor vehicles.

SEC. 5310. TASK FORCE TO PROMOTE AMERICAN VEHICLE COMPETITIVENESS.

  (a) In General.--Subtitle III of title 49, United States Code, is 
amended by adding at the end the following:

         ``CHAPTER 66--DOMESTIC PRODUCTION OF ELECTRIC VEHICLES

``Sec.
``6601. Task force.
``6602. Critical mineral sourcing.

``Sec. 6601. Task force

  ``(a) Establishment.--The Secretary of Transportation shall establish 
a Task Force to Promote American Vehicle Competitiveness (hereinafter 
referred to as the `Task Force') in accordance with this section.
  ``(b) Membership.--
          ``(1) In general.--The Task Force shall be composed of the 
        following officers:
                  ``(A) The Secretary of Transportation.
                  ``(B) The Secretary of the Interior.
                  ``(C) The Secretary of Commerce.
                  ``(D) The Secretary of Energy.
                  ``(E) The Administrator of the Environmental 
                Protection Agency.
          ``(2) Additional members.--The Secretary may designate 
        additional members to serve on the Task Force.
          ``(3) Officers.--The Secretary of Transportation shall serve 
        as Chair and may designate officials to serve as the Vice 
        Chair, and on any working groups of the task force.
  ``(c) Duties.--The Task Force shall--
          ``(1) identify and resolve any jurisdictional or regulatory 
        gaps or inconsistencies associated with domestic sourcing and 
        production of electric vehicle batteries to eliminate, so far 
        as practicable, impediments to the prompt and safe deployment 
        of domestically produced electric vehicle batteries, including 
        with respect to safety regulation and oversight, environmental 
        review, and funding issues;
          ``(2) coordinate agency oversight of nontraditional and 
        emerging electric vehicle battery sourcing and production 
        technologies, projects, and engagement with external 
        stakeholders;
          ``(3) within applicable statutory authority other than this 
        subsection, develop, recommend, and establish processes, 
        solutions, and best practices for identifying, managing, and 
        resolving issues regarding domestic sourcing and production of 
        electric vehicle batteries; and
          ``(4) carry out such additional duties as the Secretary of 
        Transportation may prescribe, to the extend consistent with 
        this title.
  ``(d) Report.--Not later than 12 months after the date of enactment 
of this section, and annually thereafter, the Task Force shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on the Environment and Public Works 
of the Senate a report containing findings on electric vehicle battery 
sourcing and production issues in the United States, recommended 
strategies or measures to streamline sourcing and production and 
promote American competitiveness, and any recommended legislative 
solutions.

``Sec. 6602. Critical mineral sourcing

  ``(a) In General.--The Secretary of Transportation, in conjunction 
with the Task Force to Promote American Vehicle Competitiveness, shall 
coordinate with the appropriate agencies to increase domestic sourcing 
of critical minerals and domestic production of electric vehicle 
batteries.
  ``(b) Department Coordination.--The Department of Transportation 
shall coordinate with the Task Force and prioritize accordingly when 
making awards under section 5339(c) and sections 151 and 155 of title 
23.''.
  (b) Clerical Amendment.--The table of chapters for subtitle III of 
title 49, United States Code, is amended by adding at the end the 
following new item:

``66. Domestic Production of Electric Vehicles..............    6601''.

       Subtitle D--Surface Transportation Funding Pilot Programs

SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOT.

  Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended--
          (1) by striking subsection (b) and inserting the following:
  ``(b) Eligibility.--
          ``(1) Application.--To be eligible for a grant under this 
        section, a State or group of States shall submit to the 
        Secretary an application in such form and containing such 
        information as the Secretary may require.
          ``(2) Eligible projects.--The Secretary may provide grants to 
        States or a group of States under this section for the 
        following projects:
                  ``(A) State pilot projects.--
                          ``(i) In general.--A pilot project to 
                        demonstrate a user-based alternative revenue 
                        mechanism in a State.
                          ``(ii) Limitation.--If an applicant has 
                        previously been awarded a grant under this 
                        section, such applicant's proposed pilot 
                        project must be comprised of core activities or 
                        iterations not substantially similar in manner 
                        or scope to activities previously carried out 
                        by the applicant with a grant for a project 
                        under this section.
                  ``(B) State implementation projects.--A project--
                          ``(i) to implement a user-based alternative 
                        revenue mechanism that collects revenue to be 
                        expended on projects for the surface 
                        transportation system of the State; or
                          ``(ii) that demonstrates progress towards 
                        implementation of a user-based alternative 
                        revenue mechanism, with consideration for 
                        previous grants awarded to the applicant under 
                        this section.'';
          (2) in subsection (c)--
                  (A) in paragraph (1) by striking ``2 or more 
                future''; and
                  (B) by adding at the end the following:
          ``(6) To test solutions to ensure the privacy and security of 
        data collected for the purpose of implementing a user-based 
        alternative revenue mechanism.'';
          (3) in subsection (d) by striking ``to test the design, 
        acceptance, and implementation of a user-based alternative 
        revenue mechanism'' and inserting ``to test the design and 
        acceptance of, or implement, a user-based alternative revenue 
        mechanism'';
          (4) in subsection (g) by striking ``50 percent'' and 
        inserting ``80 percent'';
          (5) in subsection (i) by inserting ``and containing a 
        determination of the characteristics of the most successful 
        mechanisms with the highest potential for future widespread 
        deployment'' before the period at the end; and
          (6) by striking subsections (j) and (k) and inserting the 
        following:
  ``(j) Funding.--Of amounts made available to carry out this section--
          ``(1) for fiscal year 2023, $17,500,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $17,500,000 
        shall be used to carry out projects under subsection (b)(2)(B);
          ``(2) for fiscal year 2024, $15,000,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $20,000,000 
        shall be used to carry out projects under subsection (b)(2)(B);
          ``(3) for fiscal year 2025, $12,500,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $22,500,000 
        shall be used to carry out projects under subsection (b)(2)(B); 
        and
          ``(4) for fiscal year 2026, $10,000,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $25,000,000 
        shall be used to carry out projects under subsection (b)(2)(B).
  ``(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 vehicle-miles-traveled collection tools, which 
        may include the following:
                  (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, electric vehicle charging infrastructure, or 
                alternative fueling infrastructure.
                  (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 fuel), 
                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 advise the Secretary on--
                  (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 with expertise in personal 
                privacy;
                  (E) academic experts on surface transportation;
                  (F) consumer advocates; and
                  (G) advocacy groups focused on equity.
  (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), and information related 
        to consumer privacy.
          (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 or an owner of data or 
technologies, as describe under paragraph (c)(1) containing such terms 
and conditions as the Secretary considers necessary for participation 
in the pilot program.
  (j) Limitation.--Any revenue collected through the mechanism 
established in subsection (h) shall not be considered a toll under 
section 301 of title 23, United States Code.
  (k) Highway Trust Fund.--The Secretary of the Treasury shall ensure 
that any revenue collected under subsection (h) is deposited into the 
Highway Trust Fund.
  (l) Refund.--Not more than 45 days after the end of each calendar 
quarter in which a volunteer participant has participated in the pilot 
program, the Secretary of the Treasury shall 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;
          (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;
          (4) how the personal privacy of volunteers was maintained; 
        and
          (5) equity effects of the pilot program, including the 
        effects of the program on low-income commuters.
  (n) Information Collection.--Any survey, questionnaire, or interview 
that the Secretary determines to be necessary to carry out reporting 
requirements relating to any program assessment or evaluation activity 
under this section, including customer satisfaction assessments, shall 
not be subject to chapter 35 of title 44, United States Code (commonly 
known as the ``Paperwork Reduction Act'').
  (o) 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.
  (p) 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 three States; and
                  (F) musculoskeletal health experts.
  (b) Objectives.--The Secretary shall pursue the following objectives 
through the working group:
          (1) To identify health issues, including musculoskeletal 
        health issues, that afflict commercial drivers due to sitting 
        for long periods of time while on duty.
          (2) To identify the impact that commercial vehicle sizing, 
        design, and safety measures have on women in comparison to men, 
        and to identify designs that may improve the health and safety 
        of women drivers.
          (3) To identify research topics for further development and 
        best practices to improve seating.
          (4) To determine ways to incorporate improved seating into 
        manufacturing standards for public transit vehicles and 
        commercial vehicles.
  (c) Report.--
          (1) Submission.--Not later than 18 months after the date of 
        enactment of this Act, the working group shall submit to the 
        Secretary, the Committee on Transportation and Infrastructure 
        of the House of Representatives, and the Committee on Banking, 
        Housing, and Urban Affairs and the Committee on Commerce, 
        Science, and Transportation of the Senate a report on the 
        findings of the working group under this section and any 
        recommendations for the adoption of better ergonomic seating 
        for commercial drivers.
          (2) Publication.--Upon receipt of the report in paragraph 
        (1), the Secretary shall publish the report on a publicly 
        accessible website of the Department.
  (d) Applicability of Federal Advisory Committee Act.--The Advisory 
Committee shall be subject to the Federal Advisory Committee Act (5 
U.S.C. App.).

SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED STATES CODE.

  (a) In General.--Section 6314 of title 49, United States Code, is 
repealed.
  (b) Conforming Amendments.--
          (1) Title analysis.--The analysis for chapter 63 of title 49, 
        United States Code, is amended by striking the item relating to 
        section 6314.
          (2) Section 6307.--Section 6307(b) of title 49, United States 
        Code, is amended--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A) by striking ``or 
                        section 6314(b)'';
                          (ii) in subparagraph (B) by striking ``or 
                        section 6314(b)''; and
                          (iii) in subparagraph (C) by striking ``or 
                        section 6314(b)''; and
                  (B) in paragraph (2)(A) by striking ``or section 
                6314(b)''.

SEC. 5503. TRANSPORTATION WORKFORCE OUTREACH PROGRAM.

  (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is further amended by adding at the end the following:

``Sec. 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 2023 through 
2026.
  ``(b) Purpose.--The purpose of each campaign carried out under the 
program shall be to achieve the following objectives:
          ``(1) Increase awareness of career opportunities in the 
        transportation sector, including aviation pilots, safety 
        inspectors, mechanics and technicians, maritime transportation 
        workers, air traffic controllers, flight attendants, truck 
        drivers, engineers, transit workers, railroad workers, and 
        other transportation professionals.
          ``(2) Increase diversity, including race, gender, ethnicity, 
        and socioeconomic status, of professionals in the 
        transportation sector.
  ``(c) Advertising.--The Secretary may use, or authorize the use of, 
funds available to carry out the program for the development, 
production, and use of broadcast, digital, and print media advertising 
and outreach in carrying out campaigns under this section.
  ``(d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $5,000,000 for each fiscal 
years 2023 through 2026.''.
  (b) Clerical Amendment.--The table of sections for chapter 55 of 
subchapter I 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. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.

  Section 6305 of title 49, United States Code, is amended--
          (1) in subsection (a), by striking ``The Director'' and all 
        that follows to the period and inserting ``Notwithstanding 
        section 418 of the FAA Reauthorization Act of 2018 (Public Law 
        115-254), not later than 6 months after the date of enactment 
        of the INVEST in America Act, the Director shall establish and 
        consult with an advisory council on transportation 
        statistics.''; and
          (2) by striking subsection (d)(3).

SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PROGRAMS.

  (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works, the 
Committee on Banking, Housing, and Urban Affairs, and the Committee on 
Commerce, Science, and Transportation of the Senate a review of the 
extent to which the Secretary is considering the needs of and awarding 
funding through covered discretionary grant programs to projects that 
serve--
          (1) low-income communities;
          (2) minority communities; and
          (3) populations that are underserved or have limited 
        transportation choices.
  (b) Recommendations.--The Comptroller General shall include as part 
of the review under subsection (a) recommendations to the Secretary on 
possible means to improve consideration of projects that serve the 
unique needs of communities described in subsection (a)(1).
  (c) Definition of Covered Discretionary Grant Program.--For purposes 
of this section, the term ``covered discretionary grant programs'' 
means the Projects of National and Regional Significance program under 
section 117 of title 23, the Community Transportation Investment Grant 
program under section 173 of such title, and the Community Climate 
Innovation Grant program under section 172 of such title.

                  TITLE VI--MULTIMODAL TRANSPORTATION

SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY.

  Section 70101(b) of title 49, United States Code, is amended--
          (1) in paragraph (2) by inserting ``in rural and urban 
        areas'' after ``freight transportation'';
          (2) in paragraph (7)--
                  (A) in subparagraph (B) by striking ``; and'' and 
                inserting a semicolon;
                  (B) by redesignating subparagraph (C) as subparagraph 
                (D); and
                  (C) by inserting after subparagraph (B) the 
                following:
                  ``(C) travel within population centers; and'';
          (3) in paragraph (9) by striking ``; and'' and inserting the 
        following: ``including--
                  ``(A) greenhouse gas emissions;
                  ``(B) local air pollution;
                  ``(C) minimizing, capturing, or treating stormwater 
                runoff or other adverse impacts to water quality; and
                  ``(D) wildlife habitat loss;'';
          (4) by redesignating paragraph (10) as paragraph (11); and
          (5) by inserting after paragraph (9) the following:
          ``(10) to decrease any adverse impact of freight 
        transportation on communities located near freight facilities 
        or freight corridors; and''.

SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN.

  Section 70102(c) of title 49, United States Code, is amended by 
striking ``shall'' and all that follows through the end and inserting 
the following: ``shall--
          ``(1) update the plan and publish the updated plan on the 
        public website of the Department of Transportation; and
          ``(2) include in the update described in paragraph (1)--
                  ``(A) each item described in subsection (b); and
                  ``(B) best practices to reduce the adverse 
                environmental impacts of freight-related--
                          ``(i) greenhouse gas emissions;
                          ``(ii) local air pollution;
                          ``(iii) stormwater runoff or other adverse 
                        impacts to water quality; and
                          ``(iv) wildlife habitat loss.''.

SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK.

  Section 70103 of title 49, United States Code, is amended--
          (1) in subsection (b)(2)(C) by striking ``of the United 
        States that have'' and inserting the following: ``of the United 
        States that--
                          ``(i) have a total annual value of cargo of 
                        at least $1,000,000,000, as identified by 
                        United States Customs and Border Protection and 
                        reported by the Bureau of the Census; or
                          ``(ii) have''; and
          (2) in subsection (c)--
                  (A) in paragraph (1) by striking ``Not later than 1 
                year after the date of enactment of this section,'' and 
                inserting the following:
                  ``(A) Report to congress.--Not later than 30 days 
                after the date of enactment of the INVEST in America 
                Act, the Secretary shall submit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate a report detailing a 
                plan to designate a final National Multimodal Freight 
                Network, including a detailed summary of the resources 
                within the Office of the Secretary that will be 
                dedicated to carrying out such plan.
                  ``(B) Designation of national multimodal freight 
                network.--Not later than 60 days after the submission 
                of the report described in subparagraph (A),'';
                  (B) in paragraph (3)(C)--
                          (i) by inserting ``and metropolitan planning 
                        organizations'' after ``States''; and
                          (ii) by striking ``paragraph (4)'' and 
                        inserting ``paragraphs (4) and (5)'';
                  (C) in paragraph (4)--
                          (i) in the header by inserting ``and 
                        metropolitan planning organization'' after 
                        ``State'';
                          (ii) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                          (iii) by striking subparagraph (C) and 
                        inserting the following:
                  ``(C) Critical urban freight facilities and 
                corridors.--
                          ``(i) Area with a population of over 
                        500,000.--In an urbanized area with a 
                        population of 500,000 or more individuals, the 
                        representative metropolitan planning 
                        organization, in consultation with the State, 
                        may designate a freight facility or corridor 
                        within the borders of the State as a critical 
                        urban freight facility or corridor.
                          ``(ii) Area with a population of less than 
                        500,000.--In an urbanized area with a 
                        population of less than 500,000 individuals, 
                        the State, in consultation with the 
                        representative metropolitan planning 
                        organization, may designate a freight facility 
                        or corridor within the borders of the State as 
                        a critical urban freight corridor.
                          ``(iii) Designation.--A designation may be 
                        made under subparagraph (i) or (ii) if the 
                        facility or corridor is in an urbanized area, 
                        regardless of population, and such facility or 
                        corridor--
                                  ``(I) provides access to the primary 
                                highway freight system, the Interstate 
                                system, or an intermodal freight 
                                facility;
                                  ``(II) is located within a corridor 
                                of a route on the primary highway 
                                freight system and provides an 
                                alternative option important to goods 
                                movement;
                                  ``(III) serves a major freight 
                                generator, logistics center, or 
                                manufacturing and warehouse industrial 
                                land;
                                  ``(IV) connects to an international 
                                port of entry;
                                  ``(V) provides access to a 
                                significant air, rail, water, or other 
                                freight facility in the State; or
                                  ``(VI) is important to the movement 
                                of freight within the region, as 
                                determined by the metropolitan planning 
                                organization or the State.
                  ``(D) Limitation.--A State may propose additional 
                designations to the National Multimodal Freight Network 
                in the State in an amount that is--
                          ``(i) for a highway project, not more than 20 
                        percent of the total mileage designated by the 
                        Under Secretary in the State; and
                          ``(ii) for a non-highway project, using a 
                        limitation determined by the Under 
                        Secretary.''; and
                  (D) by adding at the end the following:
          ``(5) Required network components.--In designating or 
        redesignating the National Multimodal Freight Network, the 
        Under Secretary shall ensure that the National Multimodal 
        Freight Network includes the components described in subsection 
        (b)(2).''.

SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES.

  Section 70201(a) of title 49, United States Code, is amended by 
striking ``and local governments'' and inserting ``local governments, 
metropolitan planning organizations, and the departments with 
responsibility for environmental protection and air quality of the 
State''.

SEC. 6005. STATE FREIGHT PLANS.

  Section 70202(b) of title 49, United States Code, is amended--
          (1) in paragraph (3)(A) by inserting ``and urban'' after 
        ``rural'';
          (2) in paragraph (9) by striking ``; and'' and inserting a 
        semicolon;
          (3) by redesignating paragraph (10) as paragraph (12); and
          (4) by inserting after paragraph (9) the following:
          ``(10) strategies and goals to decrease freight-related--
                  ``(A) greenhouse gas emissions;
                  ``(B) local air pollution;
                  ``(C) stormwater runoff or other adverse impacts to 
                water quality; and
                  ``(D) wildlife habitat loss;
          ``(11) strategies and goals to decrease any adverse impact of 
        freight transportation on communities located near freight 
        facilities or freight corridors; and''.

SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE.

  (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of Transportation, in consultation with the 
Secretary of the Treasury and the Commissioner of the Internal Revenue 
Service, shall establish a joint task force to study the establishment 
and administration of a fee on multimodal freight surface 
transportation services.
  (b) Contents.--The study required under subsection (a) shall include 
the following:
          (1) An estimation of the revenue that a fee of up to 1 
        percent on freight transportation services would raise.
          (2) An identification of the entities that would be subject 
        to such a fee paid by the owners or suppliers of cargo.
          (3) An analysis of the administrative capacity of Federal 
        agencies and freight industry participants to collect such a 
        fee and ensure compliance with fee requirements.
          (4) Policy options to prevent avoidance of such a fee, 
        including diversion of freight services to foreign countries.
  (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure and the Committee on Ways and 
Means of the House of Representatives and the Committee on Environment 
and Public Works and the Committee on Finance of the Senate the study 
required under subsection (a).

SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE 
                    BUREAU.

  Section 116 of title 49, United States Code, is amended--
          (1) in subsection (b) by striking paragraph (1) and inserting 
        the following:
          ``(1) to provide assistance and communicate best practices 
        and financing and funding opportunities to eligible entities 
        for the programs referred to in subsection (d)(1), including 
        by--
                  ``(A) conducting proactive outreach to communities 
                located outside of metropolitan or micropolitan 
                statistical areas (as such areas are defined by the 
                Office of Management and Budget) using data from the 
                most recent decennial Census; and
                  ``(B) coordinating with the Office of Rural 
                Development of the Department of Agriculture, the 
                Office of Community Revitalization of the Environmental 
                Protection Agency, and any other agencies that provide 
                technical assistance for rural communities, as 
                determined by the Executive Director;'';
          (2) by redesignating subsection (j) as subsection (k); and
          (3) by inserting after subsection (i) the following:
  ``(j) Annual Progress Report.--Not later than 1 year after the date 
of enactment of this subsection, and annually thereafter, the Executive 
Director shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report detailing--
          ``(1) the use of funds authorized under section 605(f) of 
        title 23; and
          ``(2) the progress of the Bureau in carrying out the purposes 
        described in subsection (b).''.

SEC. 6008. TRANSPORTATION EQUITY ADVISORY COMMITTEE.

  (a) Establishment.--
          (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        establish an advisory committee, to be known as the 
        Transportation Equity Committee (referred to in this section as 
        the ``Committee''), regarding comprehensive and 
        interdisciplinary issues related to transportation equity from 
        a variety of stakeholders in transportation planning, design, 
        research, policy, and advocacy.
          (2) Purpose of the advisory committee.--The Committee 
        established under paragraph (1) shall provide independent 
        advice and recommendations to the Secretary on transportation 
        equity, including developing a strategic plan with 
        recommendations to the Secretary on national transportation 
        metrics and the effect on such factors as economic development, 
        connectivity, and public engagement.
  (b) Duties.--The Committee shall evaluate the work of the Department 
of Transportation in connecting people to economic and related forms of 
opportunity and revitalize communities in carrying out its strategic, 
research, technological, regulatory, community engagement, and economic 
policy activities related to transportation and opportunity. Decisions 
directly affecting implementation of transportation policy remain with 
the Secretary.
  (c) Membership.--
          (1) In general.--The Secretary shall appoint an odd number of 
        members of not less than 9 but not more than 15 members (with a 
        quorum consisting of a majority of members rounded up to the 
        nearest odd number), to include balanced representation from 
        academia, community groups, industry and business, non-
        governmental organizations, State and local governments, 
        federally recognized Tribal Governments, advocacy 
        organizations, and indigenous groups with varying points of 
        view.
          (2) Broad representation.--To the extent practicable, members 
        of the Committee shall reflect a variety of backgrounds and 
        experiences, geographic diversity, including urban, rural, 
        tribal, territories, and underserved and marginalized 
        communities throughout the country, and individuals with 
        expertise in related areas such as housing, health care, and 
        the environment.
          (3) Replacement for non-active members .--The Secretary may 
        remove a non-active member who misses 3 consecutive meetings 
        and appoint a replacement to service for the period of time set 
        forth in paragraph (5).
          (4) Meetings.--The Committee shall meet not less than 2 times 
        each year with not more than 9 months between meetings at a 
        reasonable time, in a place accessible to the public, and in a 
        room large enough to accommodate the Committee members, staff, 
        and reasonable number of interested members of the public. The 
        room in which the Committee meets shall be large enough to 
        accommodate at least 100 and shall be compliant with the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.).
          (5) Term.--Each member of the Committee shall serve a 2-year 
        term with not more than 2 consecutive term reappointments, but 
        may continue service until a replacement is appointed.
          (6) Support.--The Office of the Under Secretary for Policy of 
        the Department of the Department of Transportation shall 
        provide necessary funding, logistics, and administrative 
        support for the Committee.
  (d) Application of FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the Committee established under this 
section, with the exception of section 14 of such Act.

SEC. 6009. SENSE OF CONGRESS.

  It is the sense of the Congress that walking, bicycling, and public 
transportation are complementary modes of transportation, and that 
pedestrian and bicycle pathways and related improvements within the 
right-of-way of public transportation are an appropriate use of the 
right-of-way for the benefit of the public, do not exceed the 
reasonable use of the right-of-way, and every effort should be made to 
support the development and safe operation of such pedestrian and 
bicycle pathways.

  TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT

SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT.

  (a) Creditworthiness.--Section 602(a)(2) of title 23, United States 
Code, is amended--
          (1) in subparagraph (A)(iv)--
                  (A) by striking ``a rating'' and inserting ``an 
                investment grade rating''; and
                  (B) by striking ``$75,000,000'' and inserting 
                ``$150,000,000''; and
          (2) in subparagraph (B)--
                  (A) by striking ``the senior debt'' and inserting 
                ``senior debt''; and
                  (B) by striking ``credit instrument is for an amount 
                less than $75,000,000'' and inserting ``total amount of 
                other senior debt and the Federal credit instrument is 
                less than $150,000,000''.
  (b) Buy America Application.--Section 602(c)(1) of title 23, United 
States Code, is amended by striking ``of title 49'' inserting ``and 
section 22905(a) of title 49, subject to the requirements of section 
5320(o) of title 49,''.
  (c) Non-Federal Share.--Section 603(b) of title 23, United States 
Code, is amended by striking paragraph (8) and inserting the following:
          ``(8) Non-federal share.--Notwithstanding paragraph (9) and 
        section 117(j)(2), the proceeds of a secured loan under the 
        TIFIA program shall be considered to be part of the non-Federal 
        share of project costs required under this title or chapter 53 
        of title 49, if the loan is repayable from non-Federal 
        funds.''.
  (d) Exemption of Funds From TIFIA Federal Share Requirement.--Section 
603(b)(9) of title 23, United States Code, is amended by adding at the 
end the following:
                  ``(C) Territories.--Funds provided for a territory 
                under section 165(c) shall not be considered Federal 
                assistance for purposes of subparagraph (A).''.
  (e) Streamlined Application Process.--Section 603(f) of title 23, 
United States Code, is amended by adding at the end the following:
          ``(3) Additional terms for expedited decisions.--
                  ``(A) In general.--Not later than 120 days after the 
                date of enactment of this paragraph, the Secretary 
                shall implement an expedited decision timeline for 
                public agency borrowers seeking secured loans that 
                meet--
                          ``(i) the terms under paragraph (2); and
                          ``(ii) the additional criteria described in 
                        subparagraph (B).
                  ``(B) Additional criteria.--The additional criteria 
                referred to in subparagraph (A)(ii) are the following:
                          ``(i) The secured loan is made on terms and 
                        conditions that substantially conform to the 
                        conventional terms and conditions established 
                        by the National Surface Transportation 
                        Innovative Finance Bureau.
                          ``(ii) The secured loan is rated in the A 
                        category or higher.
                          ``(iii) The TIFIA program share of eligible 
                        project costs is 33 percent or less.
                          ``(iv) The applicant demonstrates a 
                        reasonable expectation that the contracting 
                        process for the project can commence by not 
                        later than 90 days after the date on which a 
                        Federal credit instrument is obligated for the 
                        project under the TIFIA program.
                          ``(v) The project has received a categorical 
                        exclusion, a finding of no significant impact, 
                        or a record of decision under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.).
                  ``(C) Written notice.--The Secretary shall provide to 
                an applicant seeking a secured loan under the expedited 
                decision process under this paragraph a written notice 
                informing the applicant whether the Secretary has 
                approved or disapproved the application by not later 
                than 180 days after the date on which the Secretary 
                submits to the applicant a letter indicating that the 
                National Surface Transportation Innovative Finance 
                Bureau has commenced the creditworthiness review of the 
                project.''.
  (f) Assistance to Small Projects.--Section 605(f)(1) of title 23, 
United States Code, is amended by striking ``$2,000,000'' and inserting 
``$3,000,000''.
  (g) Administrative Funds.--Section 608(a)(5) of title 23, United 
States Code, is amended by striking ``$6,875,000'' and all that follows 
through the period and inserting ``2.5 percent for the administration 
of the TIFIA program.''.
  (h) Application Process Report.--Section 609(b)(2)(A) of title 23, 
United States Code, is amended--
          (1) in clause (iv) by striking ``and'';
          (2) in clause (v) by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                          ``(vi) whether the project is located in a 
                        metropolitan statistical area, micropolitan 
                        statistical area, or neither (as such areas are 
                        defined by the Office of Management and 
                        Budget).''.
  (i) Status Reports.--Section 609 of title 23, United States Code, is 
amended by adding at the end the following:
  ``(c) Status Reports.--
          ``(1) In general.--The Secretary shall publish on the website 
        for the TIFIA program--
                  ``(A) on a monthly basis, a current status report on 
                all submitted letters of interest and applications 
                received for assistance under the TIFIA program; and
                  ``(B) on a quarterly basis, a current status report 
                on all approved applications for assistance under the 
                TIFIA program.
          ``(2) Inclusions.--Each monthly and quarterly status report 
        under paragraph (1) shall include, at a minimum, with respect 
        to each project included in the status report--
                  ``(A) the name of the party submitting the letter of 
                interest or application;
                  ``(B) the name of the project;
                  ``(C) the date on which the letter of interest or 
                application was received;
                  ``(D) the estimated project eligible costs;
                  ``(E) the type of credit assistance sought; and
                  ``(F) the anticipated fiscal year and quarter for 
                closing of the credit assistance.''.

             DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION

SEC. 8001. SHORT TITLE.

  This division may be cited as the ``Improving Hazardous Materials 
Safety Act of 2021''.

                        TITLE I--AUTHORIZATIONS

SEC. 8101. AUTHORIZATION OF APPROPRIATIONS.

  Section 5128 of title 49, United States Code, is amended--
          (1) in subsection (a) by striking paragraphs (1) through (5) 
        and inserting the following:
          ``(1) $75,000,000 for fiscal year 2022;
          ``(2) $70,000,000 for fiscal year 2023;
          ``(3) $71,000,000 for fiscal year 2024;
          ``(4) $73,000,000 for fiscal year 2025; and
          ``(5) $74,000,000 for fiscal year 2026.'';
          (2) in subsection (b)--
                  (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal years 2022 through 2026'';
                  (B) in paragraph (1) by striking ``$21,988,000'' and 
                inserting ``$24,025,000''; and
                  (C) in paragraph (4) by striking ``$1,000,000'' and 
                inserting ``$2,000,000'';
          (3) in subsection (c) by striking ``$4,000,000 for each of 
        fiscal years 2016 through 2020'' and inserting ``$5,000,000 for 
        each of fiscal years 2022 through 2026'';
          (4) in subsection (d) by striking ``$1,000,000 for each of 
        fiscal years 2016 through 2020'' and inserting ``$4,000,000 for 
        each of fiscal years 2022 through 2026'';
          (5) by redesignating subsection (e) as subsection (f); and
          (6) by inserting after subsection (d) the following:
  ``(e) Assistance With Local Emergency Responder Training Grants.--
From the Hazardous Materials Emergency Preparedness Fund established 
under section 5116(h), the Secretary may expend $1,800,000 for each of 
fiscal years 2022 through 2026 to carry out the grant program under 
section 5107(j).''.

          TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT

SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED TO LITHIUM CELLS AND 
                    BATTERIES.

  (a) Repeal.--Section 828 of the FAA Modernization and Reform Act of 
2012 (49 U.S.C. 44701 note), and the item relating to such section in 
the table of contents in section 1(b) of such Act, are repealed.
  (b) Conforming Amendments.--Section 333 of the FAA Reauthorization 
Act of 2018 (49 U.S.C. 44701 note) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) by striking ``(A) In general.--'' and all 
                        that follows through ``the Secretary'' and 
                        inserting ``The Secretary''; and
                          (ii) by striking subparagraph (B); and
                  (B) in paragraph (2) by striking ``Pursuant to 
                section 828 of the FAA Modernization and Reform Act of 
                2012 (49 U.S.C. 44701 note), the Secretary'' and 
                inserting ``The Secretary'';
          (2) by striking paragraph (4) of subsection (b); and
          (3) by striking paragraph (1) of subsection (h) and inserting 
        the following:
          ``(1) ICAO technical instructions.--The term `ICAO Technical 
        Instructions' means the International Civil Aviation 
        Organization Technical Instructions for the Safe Transport of 
        Dangerous Goods by Air.''.
  (c) Lithium Battery Safety Evaluation and Report.--
          (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator of the Pipeline and 
        Hazardous Materials Safety Administration, in coordination with 
        the Administrator of the Federal Aviation Administration, shall 
        evaluate outstanding recommendations of the National 
        Transportation Safety Board regarding transportation of lithium 
        batteries by air.
          (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate, a report on the 
        evaluation described in paragraph (1).

SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS BY RAIL TANK CAR.

  (a) Stay of Authorization for Transportation of Liquefied Natural Gas 
by Tank Car.--
          (1) In general.--Any regulation authorizing the 
        transportation of liquefied natural gas by rail tank car issued 
        before the date of enactment of this Act shall have no force or 
        effect until--
                  (A) the Secretary of Transportation conducts the 
                evaluation, testing, and analysis required in 
                subsections (b), (c), and (d);
                  (B) the Secretary issues the report required by 
                subsection (e);
                  (C) the Comptroller General of the United States 
                completes the evaluation and report required under 
                subsection (g); and
                  (D) the Secretary issues a final rule updating the 
                regulation described in this paragraph that 
                incorporates the additional data, research, and 
                analysis required under this section.
          (2) Permit or approval.--The Secretary shall rescind any 
        special permit or approval for the transportation of liquefied 
        natural gas by rail tank car issued before the date of 
        enactment of this Act.
  (b) Evaluation.--Not later than 120 days after the date of enactment 
of this Act, the Administrator of the Pipeline and Hazardous Materials 
Safety Administration, in coordination with the Administrator of the 
Federal Railroad Administration, shall initiate an evaluation of the 
safety, security, and environmental risks of transporting liquefied 
natural gas by rail.
  (c) Testing.--In conducting the evaluation under subsection (a), the 
Administrator of the Pipeline and Hazardous Materials Safety shall--
          (1) perform physical testing of rail tank cars, including, at 
        a minimum, the DOT-113C120-W9 specification, to evaluate the 
        performance of such rail tank cars in the event of an accident 
        or derailment, including evaluation of the extent to which 
        design and construction features such as steel thickness and 
        valve protections prevent or mitigate the release of liquefied 
        natural gas;
          (2) analyze multiple release scenarios, including 
        derailments, front-end collisions, rear-end collisions, side-
        impact collisions, grade-crossing collisions, punctures, and 
        impact of an incendiary device, at a minimum of three speeds of 
        travel with a sufficient range of speeds to evaluate the 
        safety, security, and environmental risks posed under real-
        world operating conditions; and
          (3) examine the effects of exposure to climate conditions 
        across rail networks, including temperature, humidity, and any 
        other factors that the Administrator of the Federal Railroad 
        Administration determines could influence performance of rail 
        tank cars and components of such rail tank cars.
  (d) Other Factors To Consider.--In conducting the evaluation under 
subsection (b), the Administrator of the Pipeline and Hazardous 
Materials Safety shall evaluate the impact of a discharge of liquefied 
natural gas from a rail tank car on public safety and the environment, 
and consider--
          (1) the safety benefits of route restrictions, speed 
        restrictions, enhanced brake requirements, personnel 
        requirements, rail tank car technological requirements, and 
        other operating controls;
          (2) the inclusion of consist restrictions, including 
        limitations on the arrangement and quantity of rail tank cars 
        carrying liquefied natural gas in any given consist;
          (3) the identification of potential impact areas, and the 
        number of homes and structures potentially endangered by a 
        discharge in rural, suburban, and urban environments;
          (4) the impact of discharge on the environment, including air 
        quality impacts;
          (5) the benefits of advanced notification to the Department 
        of Transportation, State Emergency Response Commissions, and 
        Tribal Emergency Response Commissions of routes for moving 
        liquefied natural gas by rail tank car;
          (6) how first responders respond to an incident, including 
        the extent to which specialized equipment or training would be 
        required and the cost to communities for acquiring any 
        necessary equipment or training;
          (7) whether thermal radiation could occur from a discharge;
          (8) an evaluation of the rail tank car authorized by the 
        Secretary of Transportation for liquefied natural gas or 
        similar cryogenic liquids, and a determination of whether 
        specific safety enhancements or new standards are necessary to 
        ensure the safety of rail transport of liquefied natural gas; 
        and
          (9) the risks posed by the transportation of liquefied 
        natural gas by International Organization for Standardization 
        containers authorized by the Federal Railroad Administration.
  (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate, and make available to the public--
          (1) a report based on the evaluation and testing conducted 
        under subsections (b) and (c), which shall include the results 
        of the evaluation and testing and recommendations for 
        mitigating or eliminating the safety, security, environmental, 
        and other risks of an accident or incident involving the 
        transportation of liquefied natural gas by rail; and
          (2) a complete list of all research related to the 
        transportation of liquefied natural gas by rail conducted by 
        the Federal Railroad Administration, the Pipeline and Hazardous 
        Materials Safety Administration, or any other entity of the 
        Federal Government since 2010 that includes, for each research 
        item--
                  (A) the title of any reports or studies produced with 
                respect to the research;
                  (B) the agency, entity, or organization performing 
                the research;
                  (C) the names of all authors and co-authors of any 
                report or study produced with respect to the research; 
                and
                  (D) the date any related report was published or is 
                expected to publish.
  (f) Data Collection.--The Administrator of the Federal Railroad 
Administration and the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall collect any relevant data or 
records necessary to complete the evaluation required by subsection 
(b).
  (g) GAO Report.--After the evaluation required by subsection (b) has 
been completed, the Comptroller General shall conduct an independent 
evaluation to verify that the Federal Railroad Administration and the 
Pipeline and Hazardous Materials Safety Administration complied with 
the requirements of this Act, and transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the findings of such independent evaluation.
  (h) Funding.--From the amounts made available for fiscal year 2022 
under section 5128(a) of title 49, United States Code, the Secretary 
shall expend not less than $4,000,000 and not more than $6,000,000 to 
carry out the evaluation under subsection (a).

SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIREMENTS AND GRANTS.

  Section 5107 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(j) Assistance With Local Emergency Responder Training.--The 
Secretary shall establish a program to make grants, on a competitive 
basis, to nonprofit organizations to develop hazardous materials 
response training for emergency responders and make such training 
available electronically or in person.''.

SEC. 8204. LITHIUM BATTERY APPROVAL.

  (a) In General.--Chapter 51 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 5129. Lithium battery approval

  ``(a) Approval to Transport Certain Batteries in Commerce.--A person 
may not transport in commerce a specified lithium battery that is 
determined by the Secretary to be a high safety or security risk 
unless--
          ``(1) the manufacturer of such battery receives an approval 
        from the Secretary; and
          ``(2) the manufacture of such battery meets the requirements 
        of this section and the regulations issued under subsection 
        (d).
  ``(b) Term of Approval.--An approval granted to a manufacturer under 
this section shall not exceed 5 years.
  ``(c) Approval Process.--To receive an approval for a specified 
lithium battery under this section, a manufacturer shall--
          ``(1) allow the Secretary, or an entity designated by the 
        Secretary, to inspect the applicant's manufacturing process and 
        procedures;
          ``(2) bear the cost of any inspection carried out under 
        paragraph (1); and
          ``(3) develop and implement, with respect to the manufacture 
        of such battery--
                  ``(A) a comprehensive quality management program; and
                  ``(B) appropriate product identification, marking, 
                documentation, lifespan, and tracking measures.
  ``(d) Regulations Required.--Not later than 2 years after the date of 
enactment of this section, the Secretary shall issue regulations to 
carry out this section. Such regulations shall include--
          ``(1) parameters for, and a process for receiving, an 
        approval under this section; and
          ``(2) a determination of the types of specified lithium 
        batteries that pose a high safety or security risk in 
        transport, including battery or cell type, size, and energy 
        storage capacity.
  ``(e) Rule of Construction.--Nothing in this section shall be 
construed--
          ``(1) to affect any provision, limitation, or prohibition 
        with respect to the transportation of a specified lithium 
        battery in effect as of the date of enactment of this section; 
        or
          ``(2) to authorize transportation of any such battery if such 
        transportation is not already authorized as of the date of 
        enactment of this section.
  ``(f) Specified Lithium Battery Defined.--In this section, the term 
`specified lithium battery' means--
          ``(1) a lithium ion cell or battery; or
          ``(2) a lithium metal cell or battery.''.
  (b) Clerical Amendment.--The analysis for chapter 51 of title 49, 
United States Code, is amended by adding at the end the following:

``5129. Lithium battery approval.''.

                            DIVISION D--RAIL

SEC. 9001. SHORT TITLE.

  This division may be cited as the ``Transforming Rail by Accelerating 
Investment Nationwide Act'' or the ``TRAIN Act''.

                        TITLE I--AUTHORIZATIONS

SEC. 9101. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorization of Grants to Amtrak.--
          (1) Northeast corridor.--There are authorized to be 
        appropriated to the Secretary of Transportation for the use of 
        Amtrak for activities associated with the Northeast Corridor 
        the following amounts:
                  (A) For fiscal year 2022, $2,500,000,000.
                  (B) For fiscal year 2023, $2,600,000,000.
                  (C) For fiscal year 2024, $2,700,000,000.
                  (D) For fiscal year 2025, $2,800,000,000.
                  (E) For fiscal year 2026, $2,900,000,000.
          (2) National network.--There are authorized to be 
        appropriated to the Secretary for the use of Amtrak for 
        activities associated with the National Network the following 
        amounts:
                  (A) For fiscal year 2022, $3,500,000,000.
                  (B) For fiscal year 2023, $3,600,000,000.
                  (C) For fiscal year 2024, $3,700,000,000.
                  (D) For fiscal year 2025, $3,800,000,000.
                  (E) For fiscal year 2026, $3,900,000,000.
  (b) Project Management Oversight.--The Secretary may withhold up to 
one-half of one percent annually from the amounts made available under 
subsection (a) for oversight.
  (c) Amtrak Common Benefit Costs for State-Supported Routes.-- For 
fiscal year 2022, if funds are made available under subsection (a)(2) 
in excess of the amounts authorized for fiscal year 2020 under section 
11101(b) of the FAST Act (Public Law 114-94), Amtrak shall use up to 
$250,000,000 of the excess funds to defray the share of operating costs 
of Amtrak's national assets (as such term is defined in section 
24320(c)(5) of title 49, United States Code) and corporate services (as 
such term is defined pursuant to section 24317(b) of title 49, United 
States Code) that is allocated to the State-supported services. After 
the update of the cost methodology policy required under section 
24712(a)(7)(B) of title 49, United States Code, is implemented, there 
are authorized to be appropriated to the Secretary for the use of 
Amtrak such sums as may be necessary for each of the fiscal years 2023 
through 2026 for the implementation of the updated policy.
  (d) State-Supported Route Committee.--Of the funds made available 
under subsection (a)(2), the Secretary may make available up to 
$4,000,000 for each fiscal year for the State-Supported Route Committee 
established under section 24712 of title 49, United States Code.
  (e) Northeast Corridor Commission.--Of the funds made available under 
subsection (a)(1), the Secretary may make available up to $6,000,000 
for each fiscal year for the Northeast Corridor Commission established 
under section 24905 of title 49, United States Code.
  (f) Authorization of Appropriations for Amtrak Office of Inspector 
General.--There are authorized to be appropriated to the Office of 
Inspector General of Amtrak the following amounts:
          (1) For fiscal year 2022, $26,500,000.
          (2) For fiscal year 2023, $27,000,000.
          (3) For fiscal year 2024, $27,500,000.
          (4) For fiscal year 2025, $28,000,000.
          (5) For fiscal year 2026, $28,500,000.
  (g) Passenger Rail Improvement, Modernization, and Expansion 
Grants.--
          (1) There are authorized to be appropriated to the Secretary 
        to carry out section 22906 of title 49, United States Code, the 
        following amounts:
                  (A) For fiscal year 2022, $4,800,000,000.
                  (B) For fiscal year 2023, $4,900,000,000.
                  (C) For fiscal year 2024, $5,000,000,000.
                  (D) For fiscal year 2025, $5,100,000,000.
                  (E) For fiscal year 2026, $5,200,000,000.
          (2) Project management oversight.--The Secretary may withhold 
        up to 1 percent of the total amount appropriated under 
        paragraph (1) for the costs of program management oversight, 
        including providing technical assistance and project planning 
        guidance, of grants carried out under section 22906 of title 
        49, United States Code.
          (3) High-speed rail corridor planning.--The Secretary shall 
        withhold at least 4 percent of funding in paragraph (1) for the 
        purposes described in section 22906(a)(1)(B) of title 49, 
        United States Code. Any funds withheld by this paragraph that 
        remain unobligated at the end of the fiscal year following the 
        fiscal year in which such funds are made available may be used 
        for any eligible project under section 22906 of such title.
  (h) Consolidated Rail Infrastructure and Safety Improvements.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22907 of title 49, United 
        States Code, the following amounts:
                  (A) For fiscal year 2022, $1,200,000,000.
                  (B) For fiscal year 2023, $1,300,000,000.
                  (C) For fiscal year 2024, $1,400,000,000.
                  (D) For fiscal year 2025, $1,500,000,000.
                  (E) For fiscal year 2026, $1,600,000,000.
          (2) Project management oversight.--The Secretary may withhold 
        up to 2 percent of the total amount appropriated under 
        paragraph (1) for the costs of program management oversight, 
        including providing technical assistance and project planning 
        guidance, of grants carried out under section 22907 of title 
        49, United States Code.
          (3) Rail safety public awareness.--Of the amounts made 
        available under paragraph (1), the Secretary may make available 
        up to $5,000,000 for each of fiscal years 2022 through 2026 to 
        make grants under section 22907(o) of title 49, United States 
        Code.
          (4) Railroad trespassing enforcement.--Of the amounts made 
        available under paragraph (1), the Secretary may make available 
        up to $250,000 for each of fiscal years 2022 through 2026 to 
        make grants under section 22907(p) of title 49, United States 
        Code.
          (5) Railroad trespassing suicide prevention.--Of the amounts 
        made available under paragraph (1), the Secretary may make 
        available up to $1,000,000 for each of fiscal years 2022 
        through 2026 to make grants under section 22907(q) of title 49, 
        United States Code.
  (i) Bridges, Stations, and Tunnels Grants.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22909 of title 49, United 
        States Code, the following amounts:
                  (A) For fiscal year 2022, $4,800,000,000.
                  (B) For fiscal year 2023, $4,900,000,000.
                  (C) For fiscal year 2024, $5,000,000,000.
                  (D) For fiscal year 2025, $5,100,000,000.
                  (E) For fiscal year 2026, $5,200,000,000.
          (2) Project management oversight.--The Secretary may withhold 
        up to one half of 1 percent of the total amount appropriated 
        under paragraph (1) for the costs of program management 
        oversight, including providing technical assistance and project 
        planning guidance, of grants carried out under section 22909 of 
        title 49, United States Code.
  (j) Railroad Rehabilitation and Improvement Financing.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary for payment of credit risk premiums in accordance 
        with section 502(f)(1) of the Railroad Revitalization and 
        Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(1)) the 
        following amounts, to remain available until expended:
                  (A) For fiscal year 2022, $160,000,000.
                  (B) For fiscal year 2023, $170,000,000.
                  (C) For fiscal year 2024, $180,000,000.
                  (D) For fiscal year 2025, $190,000,000.
                  (E) For fiscal year 2026, $200,000,000.
          (2) Refund of premium.--There are authorized to be 
        appropriated to the Secretary $70,000,000 to repay the credit 
        risk premium under section 502 of the Railroad Revitalization 
        and Regulatory Reform Act of 1976 (45 U.S.C. 822) for each loan 
        in cohort 3, as defined by the memorandum to the Office of 
        Management and Budget of the Department of Transportation dated 
        November 5, 2018, with interest accrued thereon, not later than 
        60 days after the date on which all obligations attached to 
        each such loan have been satisfied. For each such loan for 
        which obligations have been satisfied as of the date of 
        enactment of this Act, the Secretary shall repay the credit 
        risk premium of each such loan, with interest accrued thereon, 
        not later than 60 days after the date of the enactment of this 
        Act.
  (k) Restoration and Enhancement Grants.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22908 of title 49, United 
        States Code, $20,000,000 for each of fiscal years 2022 through 
        2026.
          (2) Project management oversight.--The Secretary may withhold 
        up to 1 percent from the total amounts appropriated under 
        paragraph (1) for the costs of project management oversight of 
        grants carried out under section 22908 of title 49, United 
        States Code.
  (l) Grade Crossing Separation Grants.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22912 of title 49, United 
        States Code, (as added by section 9551 of this Act) the 
        following amounts:
                  (A) For fiscal year 2022, $450,000,000.
                  (B) For fiscal year 2023, $475,000,000.
                  (C) For fiscal year 2024, $500,000,000.
                  (D) For fiscal year 2025, $525,000,000.
                  (E) For fiscal year 2026, $550,000,000.
          (2) Project management oversight.--The Secretary may withhold 
        up to 2 percent from the total amounts appropriated under 
        paragraph (1) for the costs of project management oversight, 
        including providing technical assistance and project planning 
        guidance, of grants carried out under section 22912 of title 
        49, United States Code.
  (m) Authorization of Appropriations to the Federal Railroad 
Administration.--Section 20117 of title 49, United States Code, is 
amended to read as follows:

``Sec. 20117. Authorization of appropriations

  ``(a) Safety and Operations.--
          ``(1) In general.--There are authorized to be appropriated to 
        the Secretary of Transportation for the operations of the 
        Federal Railroad Administration and to carry out railroad 
        safety activities authorized or delegated to the 
        Administrator--
                  ``(A) $290,500,000 for fiscal year 2022;
                  ``(B) $303,300,000 for fiscal year 2023;
                  ``(C) $316,100,000 for fiscal year 2024;
                  ``(D) $324,400,000 for fiscal year 2025; and
                  ``(E) $332,900,000 for fiscal year 2026.
          ``(2) Automated track inspection program and data analysis.--
        From the funds made available under paragraph (1) for each of 
        fiscal years 2022 through 2026, not more than $17,000,000 may 
        be expended for the Automated Track Inspection Program and data 
        analysis related to track inspection. Such funds shall remain 
        available until expended.
          ``(3) State participation grants.--Amounts made available 
        under paragraph (1) for grants under section 20105(e) shall 
        remain available until expended.
          ``(4) Regional planning guidance.--The Secretary may withhold 
        up to $20,000,000 from the amounts made available for each 
        fiscal year under paragraph (1) to facilitate and provide 
        guidance for regional planning processes, including not more 
        than $500,000 annually for each interstate rail compact.
          ``(5) Railroad safety inspectors.--
                  ``(A) In general.--The Secretary shall ensure that 
                the number of full-time equivalent railroad safety 
                inspection personnel employed by the Office of Railroad 
                Safety of the Federal Railroad Administration does not 
                fall below the following:
                          ``(i) 379 for fiscal year 2022;
                          ``(ii) 403 for fiscal year 2023;
                          ``(iii) 422 for fiscal year 2024;
                          ``(iv) 424 for fiscal year 2025; and
                          ``(v) 426 for fiscal year 2026.
                  ``(B) Consideration.--In meeting the minimum railroad 
                safety inspector levels under subparagraph (A), the 
                Secretary shall consider the ability of railroad safety 
                inspectors to analyze railroad safety data.
                  ``(C) Funding.--From the amounts made available to 
                the Secretary under subsection (a)(1), the Secretary 
                shall use the following amounts to carry out 
                subparagraph (A):
                          ``(i) $3,244,104 for fiscal year 2022.
                          ``(ii) $6,488,208 for fiscal year 2023.
                          ``(iii) $9,056,457 for fiscal year 2024.
                          ``(iv) $9,326,799 for fiscal year 2025.
                          ``(v) $9,597,141 for fiscal year 2026.
          ``(6) Other safety personnel.--
                  ``(A) Increase in number of support employees.--The 
                Secretary shall, for each of fiscal years 2022 and 
                2023, increase by 10 the total number of full-time 
                equivalent employees working as specialists, engineers, 
                or analysts in the field supporting inspectors compared 
                to the number of such employees employed in the 
                previous fiscal year.
                  ``(B) Funding.--From the amounts made available to 
                the Secretary under subsection (a)(1), the Secretary 
                shall use the following amounts to carry out 
                subparagraph (A):
                          ``(i) $1,631,380 for fiscal year 2022.
                          ``(ii) $3,262,760 for fiscal year 2023.
                          ``(iii) $3,262,760 for fiscal year 2024.
                          ``(iv) $3,262,760 for fiscal year 2025.
                          ``(v) $3,262,760 for fiscal year 2026.
  ``(b) Railroad Research and Development.--
          ``(1) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Transportation for 
        necessary expenses for carrying out railroad research and 
        development activities the following amounts which shall remain 
        available until expended:
                  ``(A) $67,000,000 for fiscal year 2022.
                  ``(B) $69,000,000 for fiscal year 2023.
                  ``(C) $71,000,000 for fiscal year 2024.
                  ``(D) $73,000,000 for fiscal year 2025.
                  ``(E) $75,000,000 for fiscal year 2026.
          ``(2) Short line safety.--From funds made available under 
        paragraph (1) for each of fiscal years 2022 through 2026, the 
        Secretary may expend not more than $4,000,000--
                  ``(A) for grants to improve safety practices and 
                training for Class II and Class III freight, commuter, 
                and intercity passenger railroads; and
                  ``(B) to develop safety management systems for Class 
                II and Class III freight, commuter, and intercity 
                passenger railroads through the continued development 
                of safety culture assessments, transportation emergency 
                response plans, training and education, outreach 
                activities, best practices for trespassing prevention 
                and employee trauma response, and technical assistance.
          ``(3) University rail climate innovation institute.--
                  ``(A) In general.--Of the amounts made available 
                under paragraph (1), the Secretary may make available 
                up to $20,000,000 for each of fiscal years 2022 through 
                2026 to establish the University Rail Climate 
                Innovation Institute under section 22913.
                  ``(B) Project management oversight.--The Secretary 
                may withhold up to 1 percent from the total amounts 
                appropriated under subparagraph (A) for the costs of 
                project management oversight of the grant carried out 
                under section 22913.
          ``(4) Suicide prevention research funding.--From funds made 
        available under paragraph (1) for each of fiscal years 2022 
        through 2026, the Secretary may make available not less than 
        $1,000,000 for human factors research undertaken by the Federal 
        Railroad Administration, including suicide countermeasure 
        evaluation, data exploration and quality improvement, and other 
        initiatives as appropriate.''.
  (n) Limitation on Financial Assistance for State-Owned Enterprises.--
          (1) In general.--Funds provided under this section and the 
        amendments made by this section may not be used in awarding a 
        contract, subcontract, grant, or loan to an entity that is 
        owned or controlled by, is a subsidiary of, or is otherwise 
        related legally or financially to a corporation based in a 
        country that--
                  (A) is identified as a nonmarket economy country (as 
                defined in section 771(18) of the Tariff Act of 1930 
                (19 U.S.C. 1677(18))) as of the date of enactment of 
                this Act;
                  (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                  (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
          (2) Exception.--For purposes of paragraph (1), the term 
        ``otherwise related legally or financially'' does not include a 
        minority relationship or investment.
          (3) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements.
  (o) Rail Trust Fund.--
          (1) In general.--
                  (A) Funding.--Beginning on the date on which a rail 
                trust fund is established, any amounts made available 
                under subsections (a), (g), (h), (i), (j)(1), (k), and 
                (l) shall be derived from such fund.
                  (B) Rail trust fund defined.--In this subsection, the 
                term ``rail trust fund'' means a trust fund established 
                under the Internal Revenue Code of 1986 for making 
                certain expenditures for the benefit of rail and for 
                crediting certain taxes and penalties collected 
                relating to rail.
          (2) Sense of committee on need for rail trust fund.--The 
        following is the sense of the Committee on Transportation and 
        Infrastructure of the House of Representatives:
                  (A) There is a discrepancy in historical Federal 
                investment between highways, aviation, and intercity 
                passenger rail. Between 1949 and 2017, the Federal 
                Government invested more than $2 trillion in our 
                nation's highways and over $777 billion in aviation. 
                The Federal Government has invested $96 billion in 
                intercity passenger rail, beginning in 1971 with the 
                creation of the National Railroad Passenger 
                Corporation. Intercity passenger rail Federal 
                investment is only 12 percent of Federal aviation 
                investment and less than 5 percent of Federal highway 
                investment.
                  (B) Congress has recognized the value and importance 
                of a predictable, dedicated funding source through a 
                trust fund for all other modes of transportation 
                including for aviation, highways, transit, and 
                waterways. The Highway Trust Fund was created in 1956. 
                The Airport and Aviation Trust Fund was created in 
                1970. The Inland Waterways Trust Fund was created in 
                1978. Mass transit was added to the Highway Trust Fund 
                in 1983. The Harbor Maintenance Trust Fund was created 
                in 1986. With regard to Federal transportation 
                investment, only intercity passenger and freight rail 
                do not have a predictable, dedicated funding source 
                through a trust fund.
                  (C) The Federal Railroad Administration has 
                identified more than $300 billion worth of investment 
                needed to develop both high-speed and higher speed 
                intercity passenger rail corridors around the United 
                States. In addition, a Federal Railroad Administration 
                report from 2014 found that shortline and regional 
                railroads need $7 billion of investment. The Northeast 
                Corridor has a $40 billion state of good repair 
                backlog.
                  (D) A rail trust fund would provide a predictable, 
                dedicated funding source to high-speed and intercity 
                passenger rail projects and for the public benefits of 
                shortline and regional railroad freight rail projects. 
                A trust fund provides essential longer term funding 
                certainty to allow the United States to develop quality 
                intercity passenger rail service in corridors across 
                the country, eliminate the state of good repair backlog 
                on the Northeast Corridor, allow for accessible 
                equipment and stations for passengers with 
                disabilities, move more freight on rail, redevelop an 
                American passenger rail car manufacturing base, create 
                good paying, middle class jobs, and reduce our nation's 
                transportation carbon emissions.

SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND EXPANSION 
                    GRANTS.

  (a) In General.--Section 22906 of title 49, United States Code, is 
amended to read as follows:

``Sec. 22906. Passenger rail improvement, modernization, and expansion 
                    grants

  ``(a) In General.--
          ``(1) Establishment.--The Secretary of Transportation shall 
        establish a program to make grants to eligible applicants for--
                  ``(A) capital projects that--
                          ``(i) provide high-speed rail or intercity 
                        rail passenger transportation;
                          ``(ii) improve high-speed rail or intercity 
                        rail passenger performance, including 
                        congestion mitigation, reliability 
                        improvements, achievement of on-time 
                        performance standards established under section 
                        207 of the Rail Safety Improvement Act of 2008 
                        (49 U.S.C. 24101 note), reduced trip times, 
                        increased train frequencies, higher operating 
                        speeds, electrification, and other 
                        improvements, as determined by the Secretary; 
                        and
                          ``(iii) expand or establish high-speed rail 
                        or intercity rail passenger transportation and 
                        facilities; or
                  ``(B) corridor planning activities for high-speed 
                rail described in section 26101(b).
          ``(2) Purposes.--Grants under this section shall be for 
        projects that improve mobility, operational performance, or 
        growth of high-speed rail or intercity rail passenger 
        transportation.
  ``(b) Definitions.--In this section:
          ``(1) Eligible applicant.--The term `eligible applicant' 
        means--
                  ``(A) a State;
                  ``(B) a group of States;
                  ``(C) an Interstate Compact;
                  ``(D) a public agency or publicly chartered authority 
                established by 1 or more States;
                  ``(E) a political subdivision of a State;
                  ``(F) Amtrak, acting on its own behalf or under a 
                cooperative agreement with 1 or more States; or
                  ``(G) an Indian Tribe.
          ``(2) Capital project.--The term `capital project' means--
                  ``(A) a project or program for acquiring, 
                constructing, or improving--
                          ``(i) passenger rolling stock;
                          ``(ii) infrastructure assets, including 
                        tunnels, bridges, stations, track and track 
                        structures, communication and signalization 
                        improvements; and
                          ``(iii) a facility of use in or for the 
                        primary benefit of high-speed or intercity rail 
                        passenger transportation;
                  ``(B) project planning, development, design, 
                engineering, location surveying, mapping, environmental 
                analysis or studies;
                  ``(C) acquiring right-of-way or payments for rail 
                trackage rights agreements;
                  ``(D) making highway-rail grade crossing improvements 
                related to high-speed rail or intercity rail passenger 
                transportation service;
                  ``(E) electrification;
                  ``(F) mitigating environmental impacts; or
                  ``(G) a project relating to other assets determined 
                appropriate by the Secretary.
          ``(3) Intercity rail passenger transportation.--The term 
        `intercity rail passenger transportation' has the meaning given 
        such term in section 24102.
          ``(4) High-speed rail.--The term `high-speed rail' has the 
        meaning given such term in section 26105.
          ``(5) State.--The term `State' means each of the 50 States 
        and the District of Columbia.
          ``(6) Socially disadvantaged individuals.--The term `socially 
        disadvantaged individuals' has the meaning given the term 
        `socially and economically disadvantaged individuals' in 
        section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
  ``(c) Project Requirements.--
          ``(1) Requirements.--To be eligible for a grant under this 
        section, an eligible applicant shall demonstrate that such 
        applicant has or will have--
                  ``(A) the legal, financial, and technical capacity to 
                carry out the project;
                  ``(B) satisfactory continuing control over the use of 
                the equipment or facilities that are the subject of the 
                project; and
                  ``(C) an agreement in place for maintenance of such 
                equipment or facilities.
          ``(2) High-speed rail requirements.--
                  ``(A) Corridor planning activities.--Notwithstanding 
                paragraph (1), the Secretary shall evaluate projects 
                described in subsection (a)(1)(B) based on the criteria 
                under section 26101(c).
                  ``(B) High-speed rail project requirements.--To be 
                eligible for a grant for a high-speed rail project, an 
                eligible applicant shall demonstrate compliance with 
                section 26106(e)(2)(A).
  ``(d) Project Selection Criteria.--
          ``(1) Priority.--In selecting a project for a grant under 
        this section, the Secretary shall give preference to projects 
        that--
                  ``(A) are supported by multiple States or are 
                included in a multi-state regional plan or planning 
                process;
                  ``(B) achieve environmental benefits such as a 
                reduction in greenhouse gas emissions or an improvement 
                in local air quality; or
                  ``(C) improve service to and investment in socially 
                disadvantaged individuals.
          ``(2) Additional considerations.--In selecting an applicant 
        for a grant under this section, the Secretary shall consider--
                  ``(A) the proposed project's anticipated improvements 
                to high-speed rail or intercity rail passenger 
                transportation, including anticipated public benefits 
                on the--
                          ``(i) effects on system and service 
                        performance;
                          ``(ii) effects on safety, competitiveness, 
                        reliability, trip or transit time, and 
                        resilience;
                          ``(iii) overall transportation system, 
                        including efficiencies from improved 
                        integration with other modes of transportation 
                        or benefits associated with achieving modal 
                        shifts;
                          ``(iv) ability to meet existing, anticipated, 
                        or induced passenger or service demand; and
                          ``(v) projected effects on regional and local 
                        economies along the corridor, including 
                        increased competitiveness, productivity, 
                        efficiency, and economic development;
                  ``(B) the eligible applicant's past performance in 
                developing and delivering similar projects;
                  ``(C) if applicable, the consistency of the project 
                with planning guidance and documents set forth by the 
                Secretary or required by law; and
                  ``(D) if applicable, agreements between all 
                stakeholders necessary for the successful delivery of 
                the project.
          ``(3) Additional screening for high-speed rail.--In selecting 
        an applicant for a grant under this section, for high-speed 
        rail projects, the Secretary shall, in addition to the 
        application of paragraphs (1) and (2), apply the selection and 
        consideration criteria described in subparagraphs (B) and (C) 
        of section 26106(e)(2).
  ``(e) Federal Share of Total Project Costs.--
          ``(1) Total project cost estimate.--The Secretary shall 
        estimate the total cost of a project under this section based 
        on the best available information, including engineering 
        studies, studies of economic feasibility, environmental 
        analyses, and information on the expected use of equipment or 
        facilities.
          ``(2) Federal share.--The Federal share of total project 
        costs under this section shall not exceed 90 percent.
          ``(3) Treatment of revenue.--Applicants may use ticket and 
        other revenues generated from operations and other sources to 
        satisfy the non-Federal share requirements.
  ``(f) Letters of Intent.--
          ``(1) In general.--The Secretary shall, to the maximum extent 
        practicable, issue a letter of intent to a recipient of a grant 
        under this section that--
                  ``(A) announces an intention to obligate, for a 
                project under this section, an amount that is not more 
                than the amount stipulated as the financial 
                participation of the Secretary in the project, 
                regardless of authorized amounts; and
                  ``(B) states that the contingent commitment--
                          ``(i) is not an obligation of the Federal 
                        Government; and
                          ``(ii) is subject to the availability of 
                        appropriations for grants under this section 
                        and subject to Federal laws in force or enacted 
                        after the date of the contingent commitment.
          ``(2) Congressional notification.--
                  ``(A) In general.--Not later than 3 days before 
                issuing a letter of intent under paragraph (1), the 
                Secretary shall submit written notification to--
                          ``(i) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                          ``(ii) the Committee on Appropriations of the 
                        House of Representatives;
                          ``(iii) the Committee on Appropriations of 
                        the Senate; and
                          ``(iv) the Committee on Commerce, Science, 
                        and Transportation of the Senate.
                  ``(B) Contents.--The notification submitted under 
                subparagraph (A) shall include--
                          ``(i) a copy of the letter of intent;
                          ``(ii) the criteria used under subsection (d) 
                        for selecting the project for a grant; and
                          ``(iii) a description of how the project 
                        meets such criteria.
  ``(g) Appropriations Required.--An obligation may be made under this 
section only when amounts are appropriated for such purpose.
  ``(h) Availability.--Amounts made available to carry out this section 
shall remain available until expended.
  ``(i) Grant Conditions.--Except as specifically provided in this 
section, the use of any amounts appropriated for grants under this 
section shall be subject to the grant conditions under section 22905, 
except that the domestic buying preferences of section 24305(f) shall 
apply to Amtrak in lieu of the requirements of section 22905(a).''.
  (b) Clerical Amendment.--The item relating to section 22906 in the 
analysis for chapter 229 of title 49, United States Code, is amended to 
read as follows:

``22906. Passenger rail improvement, modernization, and expansion 
grants.''.

  (c) Definition of Satisfactory Continuing Control.--Section 22901 of 
title 49, United States Code, is amended by adding at the end the 
following:
          ``(4) Satisfactory continuing control.--The term 
        `satisfactory continuing control' means the continuing ability 
        to utilize and ensure maintenance of an asset as a result of 
        full or partial ownership, lease, operating or other 
        enforceable contractual agreements, or statutory access 
        rights.''.

SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENT 
                    GRANTS.

  Section 22907 of title 49, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in the matter preceding paragraph (1) by striking 
                ``The following'' and inserting ``Except as provided in 
                subsections (o), (p), and (q), the following'';
                  (B) in paragraph (1) by inserting ``or the District 
                of Columbia'' before the period;
                  (C) in paragraph (10) by striking ``transportation 
                center''; and
                  (D) by adding at the end the following:
          ``(12) A commuter authority (as such term is defined in 
        section 24102).
          ``(13) An Indian Tribe.'';
          (2) in subsection (c)--
                  (A) in paragraph (1) by inserting ``and upgrades'' 
                after ``Deployment'';
                  (B) by striking paragraph (2);
                  (C) by redesignating paragraphs (3) through (12) as 
                paragraphs (2) through (11), respectively;
                  (D) in paragraph (2), as so redesignated, by 
                inserting ``or safety'' after ``address congestion'';
                  (E) in paragraph (3), as so redesignated, by striking 
                ``identified by the Secretary'' and all that follows 
                through ``rail transportation'' and inserting ``to 
                improve service or facilitate ridership growth in 
                intercity rail passenger transportation or commuter 
                rail passenger transportation (as such term is defined 
                in section 24102)'';
                  (F) in paragraph (4), as so redesignated, by 
                inserting ``to establish new quiet zones or'' after 
                ``engineering improvements'';
                  (G) in paragraph (9), as so redesignated, by 
                inserting ``, including for suicide prevention and 
                other rail trespassing prevention'' before the period;
          (3) in subsection (e)--
                  (A) by striking paragraph (1) and inserting the 
                following:
          ``(1) In general.--In selecting a recipient of a grant for an 
        eligible project, the Secretary shall give preference to--
                  ``(A) projects that will maximize the net benefits of 
                the funds made available for use under this section, 
                considering the cost-benefit analysis of the proposed 
                project, including anticipated private and public 
                benefits relative to the costs of the proposed project 
                and factoring in the other considerations described in 
                paragraph (2); and
                  ``(B) projects that improve service to, or provide 
                direct benefits to, socially disadvantaged individuals 
                (as defined in section 22906(b)), including relocating 
                or mitigating infrastructure that limits community 
                connectivity, including mobility, access, or economic 
                development of such individuals.''; and
                  (B) in paragraph (3) by striking ``paragraph (1)(B)'' 
                and inserting ``paragraph (1)(A)'';
          (4) in subsection (h)(2) by inserting ``, except that a grant 
        for a capital project involving zero-emission locomotive 
        technologies shall not exceed an amount in excess of 90 percent 
        of the total project costs'' before the period.
          (5) by redesignating subsections (i), (j), and (k) as 
        subsections (l), (m), and (n) respectively; and
          (6) by inserting after subsection (h) the following:
  ``(i) Large Projects.--Of the amounts made available under this 
section, at least 25 percent shall be for projects that have total 
project costs of greater than $100,000,000.
  ``(j) Commuter Rail.--
          ``(1) Administration of funds.--The amounts awarded under 
        this section for commuter rail passenger transportation 
        projects shall be transferred by the Secretary, after 
        selection, to the Federal Transit Administration for 
        administration of funds in accordance with chapter 53.
          ``(2) Grant condition.--
                  ``(A) In general.--Notwithstanding section 
                22905(f)(1) and 22907(j)(1), as a condition of 
                receiving a grant under this section that is used to 
                acquire, construct, or improve railroad right-of-way or 
                facilities, any employee covered by the Railway Labor 
                Act (45 U.S.C. 151 et seq.) and the Railroad Retirement 
                Act of 1974 (45 U.S.C. 231 et seq.) who is adversely 
                affected by actions taken in connection with the 
                project financed in whole or in part by such grant 
                shall be covered by employee protective arrangements 
                established under section 22905(e).
                  ``(B) Application of protective arrangement.--The 
                grant recipient and the successors, assigns, and 
                contractors of such recipient shall be bound by the 
                protective arrangements required under subparagraph 
                (A). Such recipient shall be responsible for the 
                implementation of such arrangement and for the 
                obligations under such arrangement, but may arrange for 
                another entity to take initial responsibility for 
                compliance with the conditions of such arrangement.
          ``(3) Application of law.--Subsection (g) of section 22905 
        shall not apply to grants awarded under this section for 
        commuter rail passenger transportation projects.
  ``(k) Definition of Capital Project.--In this section, the term 
`capital project' means a project or program for--
          ``(1) acquiring, constructing, improving, or inspecting 
        equipment, track and track structures, or a facility, expenses 
        incidental to acquisition or construction (including project-
        level planning, designing, engineering, location surveying, 
        mapping, environmental studies, and acquiring right-of-way), 
        payments for rail trackage rights agreements, highway-rail 
        grade crossing improvements, mitigating environmental impacts, 
        communication and signalization improvements, relocation 
        assistance, acquiring replacement housing sites, and acquiring, 
        constructing, relocating, and rehabilitating replacement 
        housing;
          ``(2) rehabilitating, remanufacturing, or overhauling rail 
        rolling stock and facilities;
          ``(3) costs associated with developing State or multi-State 
        regional rail plans; and
          ``(4) the first-dollar liability costs for insurance related 
        to the provision of intercity passenger rail service under 
        section 22904.''; and
          (7) by striking subsection (l).

SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.

  (a) In General.--Section 502 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended--
          (1) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A) by inserting ``civil 
                        works such as cuts and fills, stations, 
                        tunnels,'' after ``components of track,''; and
                          (ii) in subparagraph (D) by inserting ``, 
                        permitting,'' after ``reimburse planning''; and
                  (B) by striking paragraph (3);
          (2) by striking subsection (e)(1) and inserting the 
        following:
          ``(1) Direct loans.--The interest rate on a direct loan under 
        this section shall be not less than the yield on United States 
        Treasury securities of a similar maturity to the maturity of 
        the direct loan on the date of execution of the loan 
        agreement.'';
          (3) in subsection (f)--
                  (A) in paragraph (1) by adding ``The Secretary shall 
                only apply appropriations of budget authority to cover 
                the costs of direct loans and loan guarantees as 
                required under section 504(b)(1) of the Federal Credit 
                Reform Act of 1990 (2 U.S.C. 661c(b)(1)), including the 
                cost of a modification thereof, in whole or in part, 
                for entities described in paragraphs (1) through (3) of 
                subsection (a).'' at the end;
                  (B) in paragraph (3) by striking subparagraph (C) and 
                inserting the following:
                  ``(C) An investment-grade rating on the direct loan 
                or loan guarantee, as applicable, if the total amount 
                of the direct loan or loan guarantee is less than 
                $100,000,000.
                  ``(D) In the case of a total amount of a direct loan 
                or loan guarantee greater than $100,000,000, an 
                investment-grade rating from at least 2 rating agencies 
                on the direct loan or loan guarantee, or an investment-
                grade rating on the direct loan or loan guarantee and a 
                projection of freight or passenger demand for the 
                project based on regionally developed economic 
                forecasts, including projections of any modal diversion 
                resulting from the project.''; and
                  (C) by adding at the end the following:
          ``(5) Repayment of credit risk premiums.--The Secretary shall 
        return credit risk premiums paid, and interest accrued thereon, 
        to the original source when all obligations of a loan or loan 
        guarantee have been satisfied. This paragraph applies to any 
        project that has been granted assistance under this section 
        after the date of enactment of the TRAIN Act.''; and
          (4) by adding at the end the following:
  ``(n) Non-Federal Share.--The proceeds of a loan provided under this 
section may be used as the non-Federal share of project costs under 
this title and title 49 if such loan is repayable from non-Federal 
funds.
  ``(o) Buy America.--
          ``(1) In general.--In awarding direct loans or loan 
        guarantees under this section, the Secretary shall require each 
        recipient to comply with section 22905(a) of title 49, United 
        States Code.
          ``(2) Specific compliance.--Notwithstanding paragraph (1), 
        the Secretary shall require--
                  ``(A) Amtrak to comply with section 24305(f) of title 
                49, United States Code; and
                  ``(B) a commuter authority (as defined in section 
                24102 of title 49, United States Code) to comply with 
                section 5320 of title 49, United States Code.''.
  (b) Guidance.--Not later than 9 months after the date of enactment of 
this Act, the Secretary shall publish guidance that provides applicants 
for assistance under section 502 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 822) information regarding the 
types of data, assumptions, and other factors typically used to 
calculate credit risk premiums required under subsection (f) of such 
section. Such guidance shall include information to help applicants 
understand how different factors may increase or decrease such credit 
risk premiums.

SEC. 9105. BRIDGES, STATIONS, AND TUNNELS (BEST) GRANT PROGRAM.

  (a) In General.--Chapter 229 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 22909. Bridges, stations, and tunnels (BeST) grant program

  ``(a) In General.--The Secretary of Transportation shall establish a 
program (in this section referred to as the `BeST Program') to provide 
grants to eligible entities for major capital projects included in the 
BeST Inventory established under subsection (b) for rail bridges, 
stations, and tunnels that are publicly owned or owned by Amtrak to 
make safety, capacity, and mobility improvements.
  ``(b) BeST Inventory.--
          ``(1) Establishment.--Not later than 120 days after the date 
        of enactment of the TRAIN Act, the Secretary shall establish, 
        and publish on the website of the Department of Transportation 
        an inventory (in this section referred to as the `BeST 
        Inventory') for publicly owned and Amtrak owned major capital 
        projects designated by the Secretary to be eligible for funding 
        under this section. The BeST Inventory shall include major 
        capital projects to acquire, refurbish, rehabilitate, or 
        replace rail bridges, stations, or tunnels and any associated 
        and co-located projects.
          ``(2) Considerations.--In selecting projects for inclusion in 
        the BeST Inventory, the Secretary shall give priority to 
        projects that provide the most benefit for intercity passenger 
        rail service in relation to estimated costs and that are less 
        likely to secure all of the funding required from other 
        sources.
          ``(3) Updates to best inventory.--Every 2 years after the 
        establishment of the BeST Inventory under paragraph (1), the 
        Secretary shall update the BeST Inventory and include it in its 
        annual budget justification.
          ``(4) Eligibility for best inventory.--Projects included in 
        the BeST Inventory--
                  ``(A) shall be--
                          ``(i) consistent with the record of decision 
                        issued by the Federal Railroad Administration 
                        in July 2017 titled `NEC FUTURE: A Rail 
                        Investment Plan for the Northeast Corridor' 
                        (known as the `Selected Alternative');
                          ``(ii) consistent with the most recent 
                        service development plan under section 24904(a) 
                        (hereinafter in this section referred to as the 
                        `Service Development Plan'); and
                          ``(iii) located in a territory for which a 
                        cost allocation policy is maintained pursuant 
                        to section 24905(c); or
                  ``(B) shall be consistent with a multi-state regional 
                planning document equivalent to the document referred 
                to in subparagraph (A)(ii) with a completed Tier I 
                environmental review of such document pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
          ``(5) Project funding sequencing.--The Secretary shall 
        determine the order of priority for projects in the BeST 
        Inventory based on projects identified in paragraph (4) and 
        project management plans as described in subsection (d). The 
        Secretary may alter the BeST Inventory as necessary if eligible 
        entities are not carrying out the schedule identified in the 
        Inventory.
          ``(6) Terms.--The Secretary shall ensure the BeST Inventory 
        establishes, for each project included in such Inventory--
                  ``(A) the roles and terms of participation by any 
                railroad bridge, station, or tunnel owners and railroad 
                carriers in the project; and
                  ``(B) the schedule for such project that ensures 
                efficient completion of the project.
          ``(7) Special financial rules.--
                  ``(A) In general.--Projects listed in the BeST 
                Inventory may include an agreement with a commitment, 
                contingent on future amounts to be specified in law for 
                commitments under this paragraph, to obligate an 
                additional amount from future available budget 
                authority specified in law.
                  ``(B) Statement of contingent commitment.--An 
                obligation or administrative commitment under this 
                paragraph may be made only when amounts are 
                appropriated. An agreement shall state that any 
                contingent commitment is not an obligation of the 
                Federal Government, and is subject to the availability 
                of appropriations under Federal law and to Federal laws 
                in force or enacted after the date of the contingent 
                commitment.
                  ``(C) Financing costs.--Financing costs of carrying 
                out the project may be considered a cost of carrying 
                out the project under the BeST Inventory.
  ``(c) Expenditure of Funds.--
          ``(1) Federal share of total project costs.--The Federal 
        share for the total cost of a project under this section shall 
        not exceed 90 percent.
          ``(2) Non-federal share.--A recipient of funds under this 
        section may use any source of funds, including other Federal 
        financial assistance, to satisfy the non-Federal funds 
        requirement. The non-Federal share for a grant provided under 
        this section shall be consistent with section 24905(c) or 
        section 24712(a)(7) if either such section are applicable to 
        the railroad territory at the project location.
          ``(3) Availability of funds.--Funds made available under this 
        section shall remain available for obligation by the Secretary 
        for a period of 10 years after the last day of the fiscal year 
        for which the funds are appropriated, and remain available for 
        expenditure by the recipient of grant funds without fiscal year 
        limitation.
          ``(4) Eligible uses.--Funds made available under this section 
        may be used for projects contained in the most recent BeST 
        Inventory, including pre-construction expenses and the 
        acquisition of real property interests.
          ``(5) Funds awarded to amtrak.--Grants made to Amtrak shall 
        be provided in accordance with the requirements of chapter 243.
          ``(6) Grant conditions.--Except as provided in this section, 
        the use of any amounts made available for grants under this 
        section shall be subject to the grant requirements in section 
        22905.
  ``(d) Project Management.--
          ``(1) Submission of project management plans.--The Secretary 
        shall establish a process, including specifying formats, 
        methods, and procedures, for applicants to submit a project 
        management plan to the Secretary for a project in the BeST 
        Inventory. Consistent with requirements in section 22903, 
        project management plans shall--
                  ``(A) describe the schedules, management actions, 
                workforce availability, interagency agreements, 
                permitting, track outage availability, and other 
                factors that will determine the entity's ability to 
                carry out a project included in the BeST Inventory; and
                  ``(B) be updated and resubmitted in accordance with 
                this subsection every 2 years according to the schedule 
                in the most recent Service Development Plan, or 
                equivalent multi-state regional planning document with 
                a completed Tier I environmental review conducted 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
          ``(2) Northeast corridor projects.--For projects on the 
        Northeast Corridor, an applicant shall submit such project 
        management plan to the Northeast Corridor Commission. Upon 
        receipt of such plan, the Northeast Corridor Commission shall 
        submit to the Secretary an updated Service Development Plan 
        that describes the schedule and sequencing of all capital 
        projects on the Northeast Corridor, including estimates of the 
        amount each sponsor entity will need in program funding for 
        each of the next 2 fiscal years to carry out the entity's 
        projects according to the Service Development Plan.
  ``(e) Cost Methodology Policy Requirements.--
          ``(1) In general.--The Secretary shall ensure, as a condition 
        of a grant agreement under this section for any project located 
        in a railroad territory where a policy established pursuant to 
        section 24905(c) or section 209 of the Passenger Rail 
        Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) 
        applies, that a recipient of funds under either such section 
        maintain compliance with the policies, or any updates to any 
        applicable cost methodology policy, for the railroad territory 
        encompassing the project location.
          ``(2) Penalty for noncompliance.--If such recipient does not 
        maintain compliance with the policies described in paragraph 
        (1), the Secretary may--
                  ``(A) withhold funds under this subsection from such 
                recipient up to the amount the recipient owes, but has 
                not paid; and
                  ``(B) permanently reallocate such funds to other 
                recipients after a reasonable period.
  ``(f) Definitions.--In this section:
          ``(1) Eligible entity.--The term `eligible entity' means--
                  ``(A) a State, including the District of Columbia;
                  ``(B) a group of States;
                  ``(C) an Interstate Compact;
                  ``(D) a public agency or publicly chartered authority 
                established by one or more States;
                  ``(E) a political subdivision of a State;
                  ``(F) Amtrak;
                  ``(G) An Indian Tribe; or
                  ``(H) any combination of the entities listed in 
                subparagraphs (A) through (G).
          ``(2) Major capital project.--The term `major capital 
        project' means a rail bridge, station, or tunnel project used 
        for intercity passenger rail service that has a total project 
        cost of at least $500,000,000.
          ``(3) Northeast corridor.--The term `Northeast Corridor' has 
        the meaning given the term in section 24904(e).
          ``(4) Publicly owned.--The term `publicly owned' means major 
        capital projects that are at least partially owned or planned 
        to be owned by the Federal Government or an eligible entity.
          ``(5) Co-located project.--The term `co-located project' 
        means a capital project that is adjacent to a major capital 
        project and can be carried out during the same period.''.
  (b) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, is amended by adding at the end the following:

``22909. Bridges, stations, and tunnels (BeST) grant program.''.

SEC. 9106. BUY AMERICA.

  Section 22905(a) of title 49, United States Code, is amended--
          (1) in paragraph (2)--
                  (A) in subparagraph (B) by adding ``or'' at the end;
                  (B) by striking subparagraph (C); and
                  (C) by redesignating subparagraph (D) as subparagraph 
                (C);
          (2) by striking paragraph (4) and inserting the following:
          ``(4)(A) If the Secretary receives a request for a waiver 
        under paragraph (2), the Secretary shall provide notice of and 
        an opportunity for public comment on the request at least 30 
        days before making a finding based on the request.
          ``(B) A notice provided under subparagraph (A) shall--
                  ``(i) include the information available to the 
                Secretary concerning the request, including whether the 
                request is being made under subparagraph (A), (B), or 
                (C) of paragraph (2); and
                  ``(ii) be provided by electronic means, including on 
                the official public website of the Department of 
                Transportation.'';
          (3) in paragraph (5)--
                  (A) by striking ``2012'' and inserting ``2020, and 
                each year thereafter''; and
                  (B) by inserting ``during the preceding fiscal year'' 
                before the period; and
          (4) by adding at the end the following:
  ``(12) The requirements of this subsection apply to all contracts for 
a project carried out within the scope of the applicable finding, 
determination, or decisions under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source for 
activities carried out pursuant to such contracts, if at least 1 
contract for the project is funded with amounts made available to carry 
out a provision specified in paragraph (1).''.

                        TITLE II--AMTRAK REFORMS

SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS.

  Section 24101 of title 49, United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) by striking ``, to the extent its budget 
                        allows,''; and
                          (ii) by striking ``between crowded urban 
                        areas and in other areas of'' and inserting 
                        ``throughout'';
                  (B) in paragraph (2) by striking the period and 
                inserting ``, thereby providing additional capacity for 
                the traveling public and widespread air quality 
                benefits.'';
                  (C) in paragraph (4)--
                          (i) by striking ``greater'' and inserting 
                        ``high''; and
                          (ii) by striking ``to Amtrak to achieve a 
                        performance level sufficient to justify 
                        expending public money'' and inserting ``in 
                        order to meet the intercity passenger rail 
                        needs of the United States'';
                  (D) in paragraph (5)--
                          (i) by inserting ``intercity and'' after 
                        ``efficient''; and
                          (ii) by striking ``the energy conservation 
                        and self-sufficiency'' and inserting 
                        ``addressing climate change, energy 
                        conservation, and self-sufficiency'';
                  (E) in paragraph (6) by striking ``through its 
                subsidiary, Amtrak Commuter,''; and
                  (F) by adding at the end the following:
  ``(9) Long-distance intercity passenger rail provides economic 
benefits to rural communities and offers intercity travel opportunities 
where such options are often limited, making long-distance intercity 
passenger rail an important part of the national transportation system.
  ``(10) The Northeast Corridor, long-distance routes, and State-
supported routes are interconnected and collectively provide national 
rail passenger transportation.
  ``(11) Investments in intercity and commuter rail passenger 
transportation support jobs that provide a pathway to the middle 
class.'';
          (2) in subsection (b) by striking ``The'' and all that 
        follows through ``consistent'' and inserting ``The mission of 
        Amtrak is to provide a safe, efficient, and high-quality 
        national intercity passenger rail system that is trip-time 
        competitive with other intercity travel options, consistent'';
          (3) in subsection (c)--
                  (A) by striking paragraph (1) and inserting the 
                following:
          ``(1) use its best business judgment in acting to maximize 
        the benefits of public funding;'';
                  (B) in paragraph (2)--
                          (i) by striking ``minimize Government 
                        subsidies by encouraging'' and inserting ``work 
                        with''; and
                          (ii) by striking the semicolon and inserting 
                        ``and improvements to service;'';
                  (C) by striking paragraph (3) and inserting the 
                following:
          ``(3) manage the passenger rail network in the interest of 
        public transportation needs, including current and future 
        Amtrak passengers;'';
                  (D) in paragraph (7) by striking ``encourage'' and 
                inserting ``work with'';
                  (E) in paragraph (11) by striking ``and'' the last 
                place it appears; and
                  (F) by striking paragraph (12) and inserting the 
                following:
          ``(12) utilize and manage resources with a long-term 
        perspective, including sound investments that take into account 
        the overall lifecycle costs of an asset;
          ``(13) ensure that service is accessible, equitable, and 
        accommodating to passengers with disabilities and members of 
        underserved communities; and
          ``(14) maximize the benefits Amtrak generates for the United 
        States by creating quality jobs and supporting the domestic 
        workforce.''; and
          (4) by striking subsection (d).

SEC. 9202. AMTRAK STATUS.

  Section 24301(a) of title 49, United States Code, is amended--
          (1) in paragraph (1) by striking ``20102(2)'' and inserting 
        ``20102''; and
          (2) in paragraph (2) by inserting ``serving the public 
        interest in reliable passenger rail service'' after ``for-
        profit corporation''.

SEC. 9203. BOARD OF DIRECTORS.

  (a) In General.--Section 24302 of title 49, United States Code, is 
amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (B) by striking 
                        ``President of Amtrak'' and inserting ``Chief 
                        Executive Officer of Amtrak''; and
                          (ii) by striking subparagraph (C) and 
                        inserting the following:
                  ``(C) 8 individuals appointed by the President of the 
                United States, by and with the advice and consent of 
                the Senate, with a record of support for national 
                intercity passenger rail service. Of the individuals 
                appointed--
                          ``(i) 1 shall be a Mayor or Governor of a 
                        location served by a regularly scheduled Amtrak 
                        service on the Northeast Corridor;
                          ``(ii) 1 shall be a Mayor or Governor of a 
                        location served by a regularly scheduled Amtrak 
                        service that is not on the Northeast Corridor;
                          ``(iii) 1 shall be a representative of Amtrak 
                        employees;
                          ``(iv) 1 shall be an individual with a 
                        history of regular Amtrak ridership and an 
                        understanding of the concerns of intercity rail 
                        passengers;
                          ``(v) 1 shall be an individual with--
                                  ``(I) demonstrated experience or 
                                demonstrated interest in the Northeast 
                                Corridor and the National Network; and
                                  ``(II) industry experience or 
                                qualifications in transportation, 
                                freight and passenger rail 
                                transportation, travel, or passenger 
                                air transportation; and
                          ``(vi) 1 shall be an individual with general 
                        business and financial experience who has 
                        demonstrated experience or demonstrated 
                        interest in the Northeast Corridor and the 
                        National Network.'';
                  (B) in paragraph (2) by inserting ``users of Amtrak, 
                including the elderly and individuals with 
                disabilities, and'' after ``and balanced representation 
                of'';
                  (C) in paragraph (3)--
                          (i) by striking ``Not more than 5'' and 
                        inserting ``Not more than 4''; and
                          (ii) by adding at the end the following: ``A 
                        member of the Board appointed under clause (i) 
                        or (ii) of paragraph (1)(C) shall serve for a 
                        term of 5 years or until such member leaves the 
                        elected office such member occupied at the time 
                        such member was appointed, whichever is 
                        first.'';
                  (D) in paragraph (4) by striking ``President'' and 
                inserting ``Chief Executive Officer''; and
                  (E) by striking paragraph (5) and inserting the 
                following:
          ``(5) The Secretary and any Governor of a State may be 
        represented at a Board meeting by a designee.'';
          (2) in subsection (b)--
                  (A) by striking ``Pay and Expenses'' and inserting 
                ``Duties, Pay, and Expenses''; and
                  (B) by inserting ``Each director must consider the 
                well-being of current and future Amtrak passengers, the 
                public interest in sustainable national passenger rail 
                service, and balance the preceding considerations with 
                the fiduciary responsibilities of the director and the 
                mission and goals of Amtrak.'' before ``Each director 
                not employed by the United States Government or 
                Amtrak''; and
          (3) by adding at the end the following:
  ``(g) Governor Defined.--In this section, the term `Governor' means 
the Governor of a State or the Mayor of the District of Columbia and 
includes a designee of the Governor.''.
  (b) Timing of New Board Requirements.--The appointment and membership 
requirements under section 24302 of title 49, United States Code (as 
amended by this Act), shall apply to any member of the Board appointed 
pursuant to subsection (a)(1)(C) of such section who is appointed on or 
after the date of enactment of this Act.

SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT.

  (a) In General.--Section 24308(c) of title 49, United States Code, is 
amended by adding at the end the following: ``Notwithstanding section 
24103(a) and section 24308(f), Amtrak shall have the right to bring an 
action for equitable or other relief in the United States District 
Court for the District of Columbia to enforce the preference rights 
granted under this subsection.''.
  (b) Conforming Amendment.--Section 24103 of title 49, United States 
Code, is amended by inserting ``and section 24308(c)'' before ``, only 
the Attorney General''.

SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES TO AMTRAK.

  Section 24308(e) of title 49, United States Code, is amended--
          (1) by striking paragraph (1) and inserting the following: 
        ``(1)(A) When a rail carrier does not agree to allow Amtrak to 
        operate additional trains in accordance with proposed schedules 
        over any rail line of the carrier on which Amtrak is operating 
        or seeks to operate, Amtrak may submit an application to the 
        Board for an order requiring the carrier to allow for the 
        operation of the requested trains. Not later than 90 days after 
        receipt of such application, the Board shall determine whether 
        the additional trains would unreasonably impair freight 
        transportation and--
                  ``(i) upon a determination that such trains do not 
                unreasonably impair freight transportation, order the 
                rail carrier to allow for the operation of such trains 
                on a schedule established by the Board; or
                  ``(ii) upon a determination that such trains do 
                unreasonably impair freight transportation, initiate a 
                proceeding to determine any additional infrastructure 
                investments required by, or on behalf of, Amtrak.
          ``(B) If Amtrak seeks to resume operation of a train that 
        Amtrak operated during the 5-year period preceding an 
        application described in subparagraph (A), the Board shall 
        apply a presumption that the resumed operation of such train 
        will not unreasonably impair freight transportation unless the 
        Board finds that there are substantially changed 
        circumstances.'';
          (2) in paragraph (2)--
                  (A) by striking ``The Board shall consider'' and 
                inserting ``The Board shall'';
                  (B) by striking subparagraph (A) and inserting the 
                following:
          ``(A) in making the determination under paragraph (1), take 
        into account any infrastructure investments previously made by, 
        or on behalf of, Amtrak, or proposed in Amtrak's application, 
        with the rail carrier having the burden of demonstrating that 
        the additional trains will unreasonably impair the freight 
        transportation; and''; and
                  (C) in subparagraph (B) by inserting ``consider 
                investments described in subparagraph (A) and'' after 
                ``times,''; and
          (3) by adding at the end the following:
  ``(4) In a proceeding initiated by the Board under paragraph 
(1)(A)(ii), the Board shall solicit the views of the parties and 
require the parties to provide any necessary data or information. Not 
later than 180 days after the date on which the Board makes a 
determination under paragraph (1)(A)(ii), the Board shall issue an 
order requiring the rail carrier to allow for the operation of the 
requested trains provided that any conditions enumerated by the Board 
are met. In determining the necessary level of additional 
infrastructure or other investments needed to mitigate unreasonable 
impairment of freight transportation, the Board shall use any criteria, 
assumptions, and processes it considers appropriate.
  ``(5) The provisions of this subsection shall be in addition to any 
other statutory or contractual remedies Amtrak may have with respect to 
operating the additional trains.''.

SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION.

  (a) In General.--Section 28103 of title 49, United States Code, is 
amended--
          (1) by redesignating subsection (e) as subsection (f); and
          (2) by inserting after subsection (d) the following:
  ``(e) Prohibition on Choice-of-Forum Clause.--
          ``(1) In general.--Amtrak may not impose a choice-of-forum 
        clause that attempts to preclude a passenger, or a person who 
        purchases a ticket for rail transportation on behalf of a 
        passenger, from bringing a claim against Amtrak in any court of 
        competent jurisdiction, including a court within the 
        jurisdiction of the residence of such passenger in the United 
        States (provided that Amtrak does business within that 
        jurisdiction).
          ``(2) Court of competent jurisdiction.--Under this 
        subsection, a court of competent jurisdiction may not include 
        an arbitration forum.''.
  (b) Effective Date.--This section, and the amendments made by this 
section, shall apply to any claim that arises on or after the date of 
enactment of this Act.

SEC. 9207. AMTRAK ADA ASSESSMENT.

  (a) Assessment.--Amtrak shall conduct an assessment and review of all 
Amtrak policies, procedures, protocols, and guidelines for compliance 
with the requirements of the Americans With Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.).
  (b) Report.--Not later than 180 days after the date of enactment of 
this Act, Amtrak shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the assessment conducted under subsection (a).
  (c) Contents.--The report required under subsection (b) shall 
include--
          (1) a summary of the policies, procedures, protocols, and 
        guidelines reviewed;
          (2) any necessary changes to such policies, procedures, 
        protocols, and guidelines to ensure compliance with the 
        Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), including full compliance under such Act for stations 
        and facilities for which Amtrak has responsibility under such 
        Act and consideration of the needs of individuals with 
        disabilities when procuring rolling stock and setting ticket 
        fares; and
          (3) an implementation plan and timeline for making any such 
        necessary changes.
  (d) Engagement.--Amtrak shall engage with a range of advocates for 
individuals with disabilities during the assessment conducted under 
subsection (a), and develop an ongoing and standardized process for 
engagement with advocates for individuals with disabilities.
  (e) Periodic Evaluation.--At least once every 2 years, Amtrak shall 
review and update, as necessary, Amtrak policies, procedures, 
protocols, and guidelines to ensure compliance with the Americans With 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS.

  (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 24323. Prohibition on smoking on Amtrak trains

  ``(a) Prohibition.--Beginning on the date of enactment of the TRAIN 
Act, Amtrak shall prohibit smoking on board Amtrak trains.
  ``(b) Electronic Cigarettes.--
          ``(1) Inclusion.--The use of an electronic cigarette shall be 
        treated as smoking for purposes of this section.
          ``(2) Electronic cigarette defined.--In this section, the 
        term `electronic cigarette' means a device that delivers 
        nicotine or other substances to a user of the device in the 
        form of a vapor that is inhaled to simulate the experience of 
        smoking.''.
  (b) Conforming Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is amended by adding at the end the following:

``24323. Prohibition on smoking on Amtrak trains.''.

SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AMTRAK.

  Section 24712 of title 49, United States Code, is amended to read as 
follows:

``Sec. 24712. State-supported routes operated by Amtrak

  ``(a) State-Supported Route Committee.--
          ``(1) Establishment.--There is established a State-Supported 
        Route Committee (referred to in this section as the 
        `Committee') to promote mutual cooperation and planning 
        pertaining to the current and future rail operations of Amtrak 
        and related activities of trains operated by Amtrak on State-
        supported routes and to further implement section 209 of the 
        Passenger Rail Investment and Improvement Act of 2008 (49 
        U.S.C. 24101 note).
          ``(2) Membership.--
                  ``(A) In general.--The Committee shall consist of--
                          ``(i) members representing Amtrak;
                          ``(ii) members representing the Department of 
                        Transportation, including the Federal Railroad 
                        Administration; and
                          ``(iii) members representing States.
                  ``(B) Non-voting members.--The Committee may invite 
                and accept other non-voting members to participate in 
                Committee activities, as appropriate.
          ``(3) Decisionmaking.--The Committee shall establish a bloc 
        voting system under which, at a minimum--
                  ``(A) there are 3 separate voting blocs to represent 
                the Committee's voting members, including--
                          ``(i) 1 voting bloc to represent the members 
                        described in paragraph (2)(A)(i);
                          ``(ii) 1 voting bloc to represent the members 
                        described in paragraph (2)(A)(ii); and
                          ``(iii) 1 voting bloc to represent the 
                        members described in paragraph (2)(A)(iii);
                  ``(B) each voting bloc has 1 vote;
                  ``(C) the votes of the voting bloc representing the 
                members described in paragraph (2)(A)(iii) requires the 
                support of at least two-thirds of that voting bloc's 
                members; and
                  ``(D) the Committee makes decisions by unanimous 
                consent of the 3 voting blocs.
          ``(4) Ability to conduct certain business.--If all members of 
        a voting bloc described in paragraph (3) abstain from a 
        Committee decision, agreement between the other voting blocs 
        consistent with the procedures set forth in paragraph (3) shall 
        be deemed unanimous consent.
          ``(5) Meetings; rules and procedures.--The Committee shall 
        define and periodically update the rules and procedures 
        governing the Committee's proceedings. The rules and procedures 
        shall--
                  ``(A) incorporate and further describe the 
                decisionmaking procedures to be used in accordance with 
                paragraph (3); and
                  ``(B) be adopted in accordance with such 
                decisionmaking procedures.
          ``(6) Committee decisions.--Decisions made by the Committee 
        in accordance with the Committee's rules and procedures, once 
        established, are binding on all Committee members.
          ``(7) Cost methodology policy.--
                  ``(A) In general.--Subject to subparagraph (B), the 
                Committee may amend the cost methodology policy 
                required and previously approved under section 209 of 
                the Passenger Rail Investment and Improvement Act of 
                2008 (49 U.S.C. 24101 note).
                  ``(B) Revisions to cost methodology policy.--
                          ``(i) Requirement to revise and update.--
                        Subject to the requirements of clause (iii), 
                        the Committee shall, not later than March 31, 
                        2022, update the cost methodology policy 
                        required and previously approved under section 
                        209 of the Passenger Rail Investment and 
                        Improvement Act of 2008 (49 U.S.C. 24101 note). 
                        Such update shall be consistent with the 
                        principles for revision of the Committee 
                        pursuant to such section and consistent with 
                        any subsequent changes to such principles 
                        approved by the Committee. The Committee shall 
                        implement the updated policy beginning in 
                        fiscal year 2023 and shall submit to the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate a report 
                        documenting and explaining any changes to the 
                        policy and plans for implementation not later 
                        than 30 days after the adoption of the updated 
                        policy.
                          ``(ii) Implementation impacts on federal 
                        funding.--To the extent that a policy 
                        implemented pursuant to clause (i) assigns to 
                        Amtrak costs that were previously allocated to 
                        States, Amtrak shall request such costs in the 
                        general and legislative annual report required 
                        by section 24315 or in any appropriate 
                        subsequent Federal funding request for the 
                        fiscal year in which the revised policy is 
                        implemented.
                          ``(iii) Procedures for changing 
                        methodology.--The rules and procedures 
                        implemented under paragraph (5) shall include 
                        procedures for changing the cost methodology 
                        policy under this subparagraph, notwithstanding 
                        section 209(b) of the Passenger Rail Investment 
                        and Improvement Act (49 U.S.C. 22 24101 note), 
                        and procedures or broad guidelines for 
                        conducting financial planning, including 
                        operating and capital forecasting, reporting, 
                        and data sharing and governance.
                  ``(C) Requirements.--The cost methodology policy 
                shall--
                          ``(i) ensure equal treatment in the provision 
                        of like services of all States and groups of 
                        States;
                          ``(ii) assign to each route the costs 
                        incurred only for the benefit of that route and 
                        a proportionate share, based upon factors that 
                        reasonably reflect relative use, of costs 
                        incurred for the common benefit of more than 1 
                        route; and
                          ``(iii) promote increased efficiency in 
                        Amtrak's operating and capital activities.
  ``(b) Invoices and Reports.--
          ``(1) Monthly invoice.--Amtrak shall provide to each State 
        that sponsors a State-supported route a monthly invoice of the 
        cost of operating such route, including fixed costs and third-
        party costs.
          ``(2) Planning and demand reports.--A State shall provide to 
        the Committee and Amtrak planning and demand reports with 
        respect to a planned or existing State-supported route.
          ``(3) Financial and performance reports.--The Committee shall 
        require Amtrak to provide to the States and the Committee 
        financial and performance reports at a frequency, and 
        containing such information, as determined appropriate by the 
        Committee.
  ``(c) Dispute Resolution.--
          ``(1) Request for dispute resolution.--If a dispute arises 
        with respect to the rules and procedures implemented under 
        subsection (a)(5), an invoice or a report provided under 
        subsection (b), implementation or compliance with the cost 
        methodology policy developed under section 209 of the Passenger 
        Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 
        note) or amended under subsection (a)(7) of this section, 
        either Amtrak or the State may request that the Surface 
        Transportation Board conduct dispute resolution under this 
        subsection.
          ``(2) Procedures.--The Surface Transportation Board shall 
        establish procedures for resolution of disputes brought before 
        it under this subsection, which may include provision of 
        professional mediation services.
          ``(3) Binding effect.--A decision of the Surface 
        Transportation Board under this subsection shall be binding on 
        the parties to the dispute.
          ``(4) Obligation.--Nothing in this subsection shall affect 
        the obligation of a State to pay an amount related to a State-
        supported route that a State sponsors that is not in dispute.
  ``(d) Assistance.--
          ``(1) In general.--The Secretary may provide assistance to 
        the parties in the course of negotiations for a contract for 
        operation of a State-supported route.
          ``(2) Financial assistance.--From among available funds, the 
        Secretary shall provide--
                  ``(A) financial assistance to Amtrak or 1 or more 
                States to perform requested independent technical 
                analysis of issues before the Committee; and
                  ``(B) administrative expenses that the Secretary 
                determines necessary.
  ``(e) Performance Metrics.--In negotiating a contract for operation 
of a State-supported route, Amtrak and the State or States that sponsor 
the route shall consider including provisions that provide penalties 
and incentives for performance, including incentives to--
          ``(1) increase revenue;
          ``(2) reduce costs;
          ``(3) finalize contracts by the beginning of the Federal 
        fiscal year; and
          ``(4) require States to promptly make payments for services 
        delivered.
  ``(f) Statement of Goals and Objectives.--
          ``(1) In general.--The Committee shall develop and annually 
        review and update, as necessary, a statement of goals, 
        objectives, and associated recommendations concerning the 
        future of State-supported routes operated by Amtrak. The 
        statement shall identify the roles and responsibilities of 
        Committee members and any other relevant entities, such as host 
        railroads, in meeting the identified goals and objectives, or 
        carrying out the recommendations. The statement shall include a 
        list of capital projects, including infrastructure, fleet, 
        station, and facility initiatives, needed to support the growth 
        of State-supported routes. The Committee may consult with such 
        relevant entities, as the Committee considers appropriate, when 
        developing the statement.
          ``(2) Transmission of statement of goals and objectives.--Not 
        later than March 31 of each year, the Committee shall submit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives the most recent annual update 
        to the statement developed under paragraph (1).
  ``(g) New or Expanded State-supported Routes.--
          ``(1) Coordination and consultation.--In developing a new 
        State-supported route or expanding an existing State-supported 
        route, Amtrak shall closely coordinate with all States in which 
        such route operates, and shall consult with the following:
                  ``(A) The local municipalities in which the proposed 
                route operates.
                  ``(B) Commuter authorities and regional 
                transportation authorities (as such terms are defined 
                in section 24102) in the areas proposed to be served by 
                such route.
                  ``(C) The owner of any rail infrastructure over which 
                the proposed route operates.
                  ``(D) Administrator of the Federal Railroad 
                Administration.
                  ``(E) Other stakeholders, as appropriate.
          ``(2) State commitments.--Notwithstanding any other provision 
        of law, before beginning construction necessary for, or 
        beginning operation of, a State-supported route that is 
        initiated or expanded on or after the date of enactment of the 
        TRAIN Act, Amtrak shall enter into an agreement with the State 
        in which the proposed route operates for sharing ongoing 
        operating costs and capital costs in accordance with--
                  ``(A) the cost methodology policy described under 
                subsection (a)(7); or
                  ``(B) the alternative cost methodology schedule 
                described in paragraph (3).
          ``(3) Alternative cost methodology.--Under the cost 
        methodology schedule described in this paragraph, with respect 
        to costs not covered by revenues for the operation of a State-
        supported route, Amtrak shall pay--
                  ``(A) the share Amtrak otherwise would have paid 
                under the cost methodology under subsection (a); and
                  ``(B) a percentage of the share that the State 
                otherwise would have paid under the cost methodology 
                policy under subsection (a) according to the following:
                          ``(i) Amtrak shall pay up to 100 percent of 
                        the capital costs and planning costs necessary 
                        to initiate a new State-supported route or 
                        expand an existing State-supported route, 
                        including planning and development, design, and 
                        environmental analysis costs, prior to 
                        beginning operations on the new route.
                          ``(ii) For the first 2 years of operation, 
                        Amtrak shall pay for 100 percent of operating 
                        costs and capital costs.
                          ``(iii) For the third year of operation, 
                        Amtrak shall pay 90 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder.
                          ``(iv) For the fourth year of operation, 
                        Amtrak shall pay 80 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder
                          ``(v) For the fifth year of operation, Amtrak 
                        shall pay 50 percent of operating costs and 
                        capital costs and the State shall pay the 
                        remainder.
                          ``(vi) For the sixth year of operation and 
                        thereafter, operating costs and capital costs 
                        shall be allocated in accordance with the cost 
                        methodology policy described under subsection 
                        (a) as applicable.
          ``(4) Definitions.--In this subsection, the terms `capital 
        cost' and `operating cost' shall apply in the same manner as 
        such terms apply under the cost methodology policy developed 
        under subsection (a).
  ``(h) Cost Methodology Update and Implementation Report.--Not later 
than 18 months after an updated cost methodology policy required under 
subsection (a)(7)(B) is implemented, the Committee shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report assessing the implementation of 
the updated policy.
  ``(i) Identification of State-supported Route Changes.--Amtrak shall 
provide an update in the general and legislative annual report required 
by 24315(b) of planned or proposed changes to State-supported routes, 
including the introduction of new State-supported routes. In 
identifying routes to be considered planned or proposed under this 
subsection, Amtrak shall--
          ``(1) identify the timeframe in which such changes could take 
        effect and whether Amtrak has entered into a commitment with a 
        State under subsection (g)(2); and
          ``(2) consult with the Committee and any additional States in 
        which a planned or proposed route may operate, not less than 
        120 days before an annual grant request is transmitted to the 
        Secretary.
  ``(j) Rule of Construction.--The decisions of the Committee--
          ``(1) shall pertain to the rail operations of Amtrak and 
        related activities of trains operated by Amtrak on State-
        sponsored routes; and
          ``(2) shall not pertain to the rail operations or related 
        activities of services operated by other rail carriers on 
        State-supported routes.
  ``(k) Definition of State.--In this section, the term `State' means 
any of the 50 States, including the District of Columbia, that sponsor 
or propose to sponsor the operation of trains by Amtrak on a State-
supported route, or a public entity that sponsors or proposes to 
sponsor such operation on such a route.''.

SEC. 9210. AMTRAK POLICE DEPARTMENT.

  (a) Department Mission.--Not later than 180 days after the date of 
enactment of this Act, Amtrak shall identify the mission of the Amtrak 
Police Department (in this section referred to as the ``Department''), 
including the scope of the role and priorities of the Department, in 
mitigating risks to and ensuring the safety and security of Amtrak 
passengers, employees, trains, stations, facilities, and other 
infrastructure. In identifying such mission, Amtrak shall consider--
          (1) the unique needs of maintaining the safety and security 
        of Amtrak's network; and
          (2) comparable passenger rail systems and the mission of the 
        police departments of such rail systems.
  (b) Workforce Planning Process.--Not later than 120 days after 
identifying the mission of the Department under subsection (a), Amtrak 
shall develop a workforce planning process that--
          (1) ensures adequate employment levels and allocation of 
        sworn and civilian personnel, including patrol officers, 
        necessary for fulfilling the Department's mission; and
          (2) sets performance goals and metrics for the Department 
        that align with the mission of the Department and monitors and 
        evaluates the Department's progress toward such goals and 
        metrics.
  (c) Considerations.--In developing the workforce planning process 
under subsection (b), Amtrak shall--
          (1) identify critical positions, skills, and competencies 
        necessary for fulfilling the Department's mission;
          (2) analyze employment levels and ensure that--
                  (A) an adequate number of civilian and sworn 
                personnel are allocated across the Department's 6 
                geographic divisions, including patrol officers, 
                detectives, canine units, special operations unit, 
                strategic operations, intelligence, corporate security, 
                the Office of Professional Responsibilities, and the 
                Office of Chief of Polices; and
                  (B) patrol officers have an adequate presence on 
                trains and route segments, and in stations, facilities, 
                and other infrastructure;
          (3) analyze workforce gaps and develop strategies to address 
        any such gaps;
          (4) consider risks, including those identified by Amtrak's 
        triannual risk assessments;
          (5) consider variables, including ridership levels, miles of 
        right-of-way, crime data, call frequencies, interactions with 
        vulnerable populations, and workload, that comparable passenger 
        rail systems with similar police departments consider in the 
        development of the workforce plans of such systems; and
          (6) consider collaboration or coordination with local, State, 
        Tribal, and Federal agencies, and public transportation 
        agencies to support the safety and security of the Amtrak 
        network.
  (d) Consultation.--In carrying out this section, Amtrak shall consult 
with the Amtrak Police Labor Committee, public safety experts, foreign 
or domestic entities providing passenger rail service comparable to 
Amtrak, and any other relevant entities, as determined by Amtrak.
  (e) Reports.--
          (1) Report on mission of department.--Not later than 10 days 
        after Amtrak identifies the mission of the Department under 
        subsection (a), Amtrak shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing a description 
        of the mission of the Department and the reasons for the 
        content of such mission.
          (2) Report on workforce planning process.--Not later than 10 
        days after Amtrak completes the workforce planning process 
        under subsection (b), Amtrak shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing the workforce 
        planning process, the underlying data used to develop such 
        process, and how such process will achieve the Department's 
        mission.

SEC. 9211. AMTRAK FOOD AND BEVERAGE.

  (a) Amtrak Food and Beverage.--Section 24321 of title 49, United 
States Code, is amended to read as follows:

``Sec. 24321. Amtrak food and beverage

  ``(a) Ensuring Access to Food and Beverage Services.--On all long-
distance routes, Amtrak shall ensure that all passengers who travel 
overnight on such route shall have access to purchasing the food and 
beverages that are provided to sleeping car passengers on such route.
  ``(b) Food and Beverage Workforce.--
          ``(1) Workforce requirement.--Amtrak shall ensure that any 
        individual onboard a train who prepares or provides food and 
        beverages is an Amtrak employee.
          ``(2) Savings clause.--No Amtrak employee holding a position 
        as of the date of enactment of the TRAIN Act may be 
        involuntarily separated because of any action taken by Amtrak 
        to implement this section, including any employees who are 
        furloughed as a result of the COVID-19 pandemic.
  ``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee 
holding a position as of the date of enactment of the Passenger Rail 
Reform and Investment Act of 2015 is involuntarily separated because of 
the development and implementation of the plan required by the 
amendments made by section 11207 of such Act.''.
  (b) Technical and Conforming Amendments.--
          (1) Analysis.--The item relating to section 24321 in the 
        analysis for chapter 243 of title 49, United States Code, is 
        amended to read as follows:

``24321. Amtrak food and beverage.''.

          (2) Amtrak authority.--Section 24305(c)(4) of title 49, 
        United States Code, is amended by striking ``only if revenues 
        from the services each year at least equal the cost of 
        providing the services''.
          (3) Contracting out.--Section 121(c) of the Amtrak Reform and 
        Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 
        2574) is amended by striking ``, other than work related to 
        food and beverage service,''.
  (c) Amtrak Food and Beverage Working Group.--
          (1) Establishment.--Not later than 90 days after the date of 
        enactment of this Act, Amtrak shall establish a working group 
        (in this subsection referred to as the ``Working Group'') to 
        provide recommendations on Amtrak onboard food and beverage 
        services.
          (2) Membership.--The Working Group shall consist of--
                  (A) an equal number of individuals representing--
                          (i) Amtrak;
                          (ii) the labor organizations representing 
                        Amtrak employees who prepare or provide onboard 
                        food and beverage services;
                          (iii) the State-Supported Route Committee 
                        established by section 24712; and
                          (iv) nonprofit organizations representing 
                        Amtrak passengers; and
                  (B) an individual with culinary or hospitality 
                expertise agreed to by the members under clauses (i) 
                through (iv) of subparagraph (A).
          (3) Recommendations.--
                  (A) In general.--The Working Group shall develop 
                recommendations to increase ridership and improve 
                customer satisfaction by--
                          (i) promoting collaboration and engagement 
                        between Amtrak, Amtrak passengers, and Amtrak 
                        employees preparing or providing onboard food 
                        and beverage services, prior to Amtrak 
                        implementing changes to onboard food and 
                        beverage services;
                          (ii) improving onboard food and beverage 
                        services; and
                          (iii) improving solicitation, reception, and 
                        consideration of passenger feedback regarding 
                        onboard food and beverage services.
                  (B) Considerations.--In developing the 
                recommendations under subparagraph (A), the Working 
                Group shall consider--
                          (i) the healthfulness of onboard food and 
                        beverages offered, including the ability of 
                        passengers to address dietary restrictions;
                          (ii) the preparation and delivery of onboard 
                        food and beverages;
                          (iii) the differing needs of passengers 
                        traveling on long-distance routes, State-
                        supported routes, and the Northeast Corridor;
                          (iv) the reinstatement of the dining car 
                        service on long-distance routes;
                          (v) Amtrak passenger survey data about the 
                        food and beverages offered on Amtrak trains; 
                        and
                          (vi) any other issue the Working Group 
                        determines appropriate.
          (4) Reports.--
                  (A) Initial report.--Not later than 1 year after the 
                date on which the Working Group is established, the 
                Working Group shall submit to the Board of Directors of 
                Amtrak, the Committee on Transportation and 
                Infrastructure of the House of Representatives, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate a report containing the recommendations 
                developed under paragraph (3).
                  (B) Subsequent report.--Not later than 30 days after 
                the date on which the Working Group submits the report 
                required under subparagraph (A), Amtrak shall submit to 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the Senate a 
                report on whether Amtrak agrees with the 
                recommendations of the Working Group and describing any 
                plans to implement such recommendations.
          (5) Prohibition on food and beverage service changes.--During 
        the period beginning on the date of enactment of this Act and 
        ending 30 days after the date on which Amtrak submits the 
        report required under paragraph (4)(B), Amtrak may not make 
        large-scale, structural changes to existing onboard food and 
        beverage services, except that Amtrak shall reverse any changes 
        to onboard food and beverage service made in response to the 
        COVID-19 pandemic as Amtrak service is restored.
          (6) Termination.--The Working Group shall terminate on the 
        date on which Amtrak submits the report required under 
        paragraph (4)(B), except that Amtrak may extend such date by up 
        to 1 year if Amtrak determines that the Working Group is 
        beneficial to Amtrak in making decisions related to onboard 
        food and beverage services. If Amtrak extends such date, Amtrak 
        shall include notification of the extension in the report 
        required under paragraph (4)(B).
          (7) Nonapplicability of federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) does not apply 
        to the Working Group established under this section.
          (8) Long-distance route; northeast corridor; and state-
        supported route defined.--In this subsection, the terms ``long-
        distance route'', ``Northeast Corridor'', and ``State-supported 
        route'' have the meaning given those terms in section 24102 of 
        title 49, United States Code.

SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING OUT.

  (a) Furloughed Work.--Section 121 of the Amtrak Reform and 
Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 2574) is 
amended by striking subsection (d) and inserting the following:
  ``(d) Furloughed Work.--Amtrak may not contract out work within the 
scope of work performed by an employee in a bargaining unit covered by 
a collective bargaining agreement entered into between Amtrak and an 
organization representing Amtrak employees during the period of time 
such employee has been laid off involuntarily if such employee--
          ``(1) is eligible and qualified under the agreement to 
        perform such work in accordance with the seniority of such 
        employee; and
          ``(2) has not been provided an opportunity to be recalled to 
        perform such work.
  ``(e) Agreement Prohibitions on Contracting Out.--This section does 
not--
          ``(1) supersede a prohibition or limitation on contracting 
        out work covered by an agreement entered into between Amtrak 
        and an organization representing Amtrak employees; or
          ``(2) prohibit Amtrak and an organization representing Amtrak 
        employees from entering into an agreement that allows for 
        contracting out the work of a furloughed employee that would 
        otherwise be prohibited under subsection (d).''.
  (b) Workforce Plan.--Section 24320(c)(2) of title 49, United State 
Code, is amended--
          (1) in subparagraph (C)(iii)(III) by striking ``and'' at the 
        end;
          (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
          (3) by inserting after subparagraph (C) the following:
                  ``(D) a summary of Amtrak's plan to meet the 
                workforce needs of each asset category, which shall--
                          ``(i) identify any gaps in Amtrak's 
                        workforce, including any vacancy, skill gap, or 
                        shortage of qualified personnel;
                          ``(ii) summarize any action Amtrak is taking 
                        to address any such gaps; and
                          ``(iii) summarize any anticipated change to 
                        the size of the Amtrak workforce and any cause 
                        for such change; and''.

SEC. 9213. AMTRAK STAFFING.

  Section 24312 of title 49, United States Code, is amended by adding 
at the end the following:
  ``(c) Call Center Staffing.--
          ``(1) Outsourcing.--Amtrak may not renew or enter into a 
        contract to outsource call center customer service work on 
        behalf of Amtrak, including through a business process 
        outsourcing group.
          ``(2) Training.--Amtrak shall make available appropriate 
        training programs to any Amtrak call center employee carrying 
        out customer service activities using telephone or internet 
        platforms.
  ``(d) Station Agent Staffing.--
          ``(1) In general.--Amtrak shall ensure that at least one 
        Amtrak ticket agent is employed at each station building where 
        at least one Amtrak ticket agent was employed on or after 
        October 1, 2017.
          ``(2) Locations.--Amtrak shall ensure that at least one 
        Amtrak ticket agent is employed at each station building--
                  ``(A) that Amtrak owns, or operates service through, 
                as part of a passenger service route; and
                  ``(B) for which the number of passengers boarding or 
                deboarding an Amtrak long-distance train in the 
                previous fiscal year exceeds the average of at least 40 
                passengers per day over all days in which the station 
                was serviced by Amtrak, regardless of the number of 
                Amtrak vehicles servicing the station per day. For 
                fiscal year 2021, ridership from fiscal year 2019 shall 
                be used to determine qualifying stations.
          ``(3) Exception.--This subsection does not apply to any 
        station building in which a commuter rail ticket agent has the 
        authority to sell Amtrak tickets.
          ``(4) Amtrak ticket agent.--For purposes of this section, the 
        term `Amtrak ticket agent' means an Amtrak employee with 
        authority to sell Amtrak tickets onsite and assist in the 
        checking of Amtrak passenger baggage.
          ``(5) Effective date.--This subsection shall take effect on 
        the earlier of--
                  ``(A) the date of the expiration of the emergency 
                declaration issued by the President on March 13, 2020, 
                pursuant to section 501(b) of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5191(b)); or
                  ``(B) the day after the period that is the first 6 
                consecutive months within a calendar year for which 
                Amtrak ridership exceeds the Amtrak ridership for the 
                same 6 consecutive calendar months in 2019.''.

SEC. 9214. SPECIAL TRANSPORTATION.

  Section 24307(a) of title 49, United States Code, is amended--
          (1) in the matter preceding paragraph (1) by striking ``for 
        the following:'' and inserting ``of at least a 10 percent 
        discount on full-price coach class rail fares for, at a 
        minimum--'';
          (2) in paragraph (1) by striking the period at the end and 
        inserting a semicolon; and
          (3) by striking paragraph (2) and inserting the following:
          ``(2) individuals of 12 years of age or younger;
          ``(3) individuals with a disability, as such term is defined 
        in section 3 of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12102);
          ``(4) members of the Armed Forces on active duty (as those 
        terms are defined in section 101 of title 10) and their spouses 
        and dependents with valid identification;
          ``(5) veterans (as that term is defined in section 101 of 
        title 38) with valid identification; and
          ``(6) individuals attending federally accredited 
        postsecondary education institutions with valid student 
        identification cards.''.

SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM.

  (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following:

``Sec. 24324. Disaster and emergency relief program

  ``(a) In General.--The Secretary of Transportation may make grants to 
Amtrak for--
          ``(1) capital projects to repair, reconstruct, or replace 
        equipment, infrastructure, stations, and other facilities that 
        the Secretary determines are in danger of suffering serious 
        damage, or have suffered serious damage, as a result of an 
        emergency event;
          ``(2) offset revenue lost as a result of such an event; and
          ``(3) support continued operations following emergency 
        events.
  ``(b) Coordination of Emergency Funds.--Funds made available to carry 
out this section shall be in addition to any other funds available and 
shall not affect the ability of Amtrak to use any other funds otherwise 
authorized by law.
  ``(c) Grant Conditions.--Grants made under this subsection (a) shall 
be subject to section 22905(c)(2)(A) and other such terms and 
conditions as the Secretary determines necessary.
  ``(d) Definition of Emergency Event.--In this section, the term 
`emergency event' has the meaning given such term in section 20103.''.
  (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24324. Disaster and emergency relief program.''.

SEC. 9216. ACCESS TO RECREATIONAL TRAILS.

  Section 24315 of title 49, United States Code, is amended by adding 
at the end the following:
  ``(i) Access to Recreational Trails.--At least 30 days before 
implementing a new policy, structure, or operation that impedes access 
to recreational trails, Amtrak shall work with potentially affected 
communities, making a good-faith effort to address local concerns about 
such access. Not later than February 15 of each year, Amtrak shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report on any such engagement in the preceding 
calendar year, and any changes to policies, structures, or operations 
affecting access to recreational trails that were considered or made as 
a result. The report shall include Amtrak's plans to mitigate the 
impact to such access.''.

SEC. 9217. AMTRAK CYBERSECURITY ENHANCEMENT AND RESILIENCY GRANT 
                    PROGRAM.

  (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following:

``Sec. 24325. Amtrak cybersecurity enhancement and resiliency grant 
                    program

  ``(a) In General.--The Secretary of Transportation shall make grants 
to Amtrak for improvements in information technology systems, including 
cyber resiliency improvements for Amtrak information technology assets.
  ``(b) Application of Best Practices.--Any cyber resiliency 
improvements carried out with a grant under this section shall be 
consistent with cybersecurity industry best practices and publications 
issued by the National Institute of Standards and Technology.
  ``(c) Coordination of Cybersecurity Funds.--Funds made available to 
carry out this section shall be in addition to any other Federal funds 
and shall not affect the ability of Amtrak to use any other funds 
otherwise authorized by law for purposes of enhancing the cybersecurity 
architecture of Amtrak.
  ``(d) Grant Conditions.--In carrying out this section--
          ``(1) to the extent practicable, the Secretary shall provide 
        grants consistent with the process established under section 
        24319;
          ``(2) the Secretary shall ensure that a grant made available 
        under this section shall be administered and disbursed as part 
        of Amtrak's annual grant agreement as authorized by section 
        24319(d)(1)(B); and
          ``(3) a grant made under this section shall be subject to 
        such terms and conditions as the Secretary determines 
        necessary.''.
  (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24325. Amtrak cybersecurity enhancement and resiliency grant 
program.''.

SEC. 9218. AMTRAK AND PRIVATE CARS.

  (a) Sense of Congress.--It is the sense of Congress that private cars 
and charter trains can--
          (1) improve Amtrak's financial performance, particularly on 
        the long-distance routes;
          (2) have promotional value for Amtrak that results in future 
        travel on Amtrak trains by passengers made aware of Amtrak as a 
        result;
          (3) support private-sector jobs, including for mechanical 
        work and on-board services; and
          (4) provide good-will benefits to Amtrak.
  (b) Policy Review.--Amtrak shall review the policy changes since 
January 1, 2018, that have caused significant changes to the 
relationship between Amtrak and private car owners and charter train 
services and evaluate opportunities to strengthen these services, 
including by reinstating some access points and restoring flexibility 
to charter-train policies. For charter trains, private cars, and 
package express carried on regular Amtrak trains, consistent with sound 
business practice, Amtrak should recover direct costs plus a reasonable 
profit margin.

SEC. 9219. AMTRAK OFFICE OF COMMUNITY OUTREACH.

  (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following new section:

``Sec. 24326. Amtrak Office of Community Outreach

  ``(a) In General.--Not later than 180 days after the date of 
enactment of the TRAIN Act, Amtrak shall establish an Office of 
Community Outreach to engage with communities impacted by Amtrak 
operations.
  ``(b) Responsibilities.--The Office of Community Outreach shall be 
responsible for--
          ``(1) outreach and engagement with--
                  ``(A) local officials before capital improvement 
                project plans are finalized; and
                  ``(B) local stakeholders and relevant organizations 
                on projects of community significance;
          ``(2) clear explanation and publication of how community 
        members can communicate with Amtrak;
          ``(3) the use of virtual public involvement, social media, 
        and other web-based tools to encourage public participation and 
        solicit public feedback; and
          ``(4) making publicly available on the website of Amtrak, 
        planning documents for proposed and implemented capital 
        improvement projects.
  ``(c) Report to Congress.--Not later than 1 year after the 
establishment of the Office of Community Outreach, and annually 
thereafter, Amtrak shall submit to the Committee on Transportation and 
Infrastructure in the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that--
          ``(1) describes the community outreach efforts undertaken by 
        the Amtrak Office of Community Outreach for the previous year; 
        and
          ``(2) identifies changes Amtrak made to capital improvement 
        project plans after engagement with affected communities.''.
  (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24326. Amtrak Office of Community Outreach.''.

SEC. 9220. LONG-DISTANCE CUSTOMER ENHANCEMENT PROGRAM.

  (a) Authorization.--Amtrak shall expend not less than 2.5 percent of 
the amounts appropriated in each fiscal year pursuant to section 
9101(a)(2) to enhance the customer experience on Amtrak long-distance 
routes.
  (b) Eligibility.--Projects and initiatives to serve the following 
purposes, including planning and development, are eligible to be 
implemented by Amtrak under this section:
          (1) Rolling stock interior refreshes and redesigns.
          (2) Food and beverage service improvements consistent with 
        section 24321 of title 49, United States Code.
          (3) Wi-Fi service expansion and improvement.
          (4) Enhanced customer experience at stations.
          (5) Other customer enhancement initiatives developed by 
        Amtrak, including initiatives developed in accordance with 
        subsection (c).
  (c) Consultation.--Not later than 90 days after the date of enactment 
of this Act, and subsequently on a periodic basis, Amtrak shall consult 
with appropriate States, local governments, labor organizations 
representing railroad employees, and national associations that 
represent rail passengers on ways to enhance the customer experience on 
long-distance routes.
  (d) Use of Funds for Other Purposes.--Amtrak may use funds provided 
under this section for purposes related to long-distance route service 
other than those listed in subsection (b) if--
          (1) Amtrak determines the use of funds is necessary to--
                  (A) improve the safety of long-distance route 
                operations; or
                  (B) maintain continued operation or service levels of 
                any such route; and
          (2) not later than 10 days of the repurposing of such funds, 
        Amtrak submits to the Secretary, the Committee on 
        Transportation and Infrastructure and the Committee on 
        Appropriations of the House of Representatives, and the 
        Committee on Commerce, Science, and Transportation, and the 
        Committee on Appropriations of the Senate, a report that 
        includes--
                  (A) the amount of funds repurposed for a use 
                described in this subsection, and
                  (B) the reason for the repurposing of such funds.
  (e) Long-distance Route Defined.--In this section, the term ``long-
distance route'' has the meaning given the term in section 24102 of 
title 49, United States Code.

SEC. 9221. AMTRAK CARBON-FREE AND RENEWABLE ENERGY INITIATIVES.

  (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following new section:

``Sec. 24327. Amtrak carbon-free and renewable energy initiatives

  ``(a) Emissions Reduction and Energy Plan.--
          ``(1) In general.--Not later than 1 year after the date of 
        enactment of the TRAIN Act, Amtrak shall--
                  ``(A) develop a greenhouse gas emissions reduction 
                and energy plan that sets forth a goal of, a strategy 
                for achieving, and potential timelines and funding 
                requirements for--
                          ``(i) becoming a net-zero carbon emissions 
                        transportation provider; and
                          ``(ii) achieving net-zero carbon emissions 
                        with respect to Amtrak operations within the 
                        Northeast Corridor;
                  ``(B) submit the plan to the Secretary of 
                Transportation, the Committee on Transportation and 
                Infrastructure of the House of Representatives, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate; and
                  ``(C) publish the plan on Amtrak's website.
          ``(2) Additional requirements.--The plan developed under 
        paragraph (1) shall contain--
                  ``(A) at least 1 option for becoming a net-zero 
                carbon emissions transportation provider not later than 
                January 1, 2035; and
                  ``(B) at least 1 option for achieving net-zero carbon 
                emissions with respect to Amtrak operations within the 
                Northeast Corridor not later than January 1, 2030.
          ``(3) Annual progress reports.--
                  ``(A) In general.--After submission and publication 
                of the plan developed under paragraph (1), Amtrak shall 
                include in each general and legislative annual report 
                required under section 24315(b), an update on Amtrak's 
                progress towards--
                          ``(i) becoming a net-zero carbon emissions 
                        transportation provider; and
                          ``(ii) achieving net-zero carbon emissions 
                        with respect to Amtrak operations within the 
                        Northeast Corridor.
                  ``(B) Legislative recommendations.--The update 
                required under subparagraph (A) may include 
                recommendations for legislative changes or changes to 
                funding levels likely to increase the rate of Amtrak's 
                progress.
  ``(b) Carbon-free and Renewable Energy Use.--
          ``(1) Energy source requirement.--Not later than 180 days 
        after the date of enactment of the TRAIN Act, Amtrak shall 
        ensure that any new or renewed contract between Amtrak and a 
        provider of electricity that is used to meet the needs of train 
        traction power or rail facility power requires that an amount 
        equal to or greater that 25 percent of such electricity is 
        derived from carbon-free or renewable energy sources.
          ``(2) Increased energy source goals.--Amtrak shall establish 
        goals for increasing the energy source requirements described 
        in paragraph (1), including a goal of requiring--
                  ``(A) at least 50 percent of electricity derived from 
                such sources for new or renewed contracts entered into 
                beginning 5 years after the date of enactment of the 
                TRAIN Act; and
                  ``(B) 100 percent of electricity derived from such 
                sources for new or renewed contracts entered into on or 
                after January 1, 2030.
          ``(3) Exceptions.--The requirements of paragraph (1) shall 
        not apply in any case in which--
                  ``(A) no provider of electricity is able to provide 
                the necessary levels of carbon-free or renewable 
                energy;
                  ``(B) compliance with such requirements would 
                adversely affect Amtrak's operations or quality of 
                service to an unreasonable degree; or
                  ``(C) compliance with such requirements would cause 
                an increase of at least 50 percent in total cost of 
                electricity, as compared to the total cost of 
                electricity Amtrak would otherwise have acquired.
          ``(4) Report.--Not later than 1 year after the date of 
        enactment of the TRAIN Act, Amtrak shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report that identifies 
        opportunities to further increase Amtrak's use of carbon-free 
        and renewable energy for train traction power needs and 
        facility power needs.''.
  (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24327. Amtrak carbon-free and renewable energy initiatives.''.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

SEC. 9301. NORTHEAST CORRIDOR COMMISSION.

  Section 24905 of title 49, United States Code, is amended--
          (1) in subsection (a)(1)--
                  (A) in subparagraph (A) by striking ``members'' and 
                inserting ``4 members'';
                  (B) in subparagraph (B) by striking ``members'' and 
                inserting ``5 members''; and
                  (C) in subparagraph (D) by striking ``and commuter 
                railroad carriers using the Northeast Corridor selected 
                by the Secretary'' and inserting ``railroad carriers 
                and commuter authorities using the Northeast Corridor, 
                as determined by the Commission'';
          (2) by striking paragraph (2) of subsection (a) and inserting 
        the following:
          ``(2) At least two of the members described in paragraph 
        (1)(B) shall be career appointees, as such term is defined in 
        section 3132(a) of title 5.'';
          (3) in subsection (b)(3)(B)--
                  (A) in clause (i) by inserting ``, including 
                ridership trends,'' before ``along the Northeast 
                Corridor'';
                  (B) in clause (ii) by striking ``capital investment 
                plan described in section 24904.'' and inserting 
                ``first year of the capital investment plan described 
                in section 24904; and''; and
                  (C) by adding at the end the following:
                          ``(iii) progress in assessing and eliminating 
                        the state-of-good-repair backlog.'';
          (4) in subsection (c)--
                  (A) by striking ``(1) Development'' and all that 
                follows through ``standardized policy'' and inserting 
                the following:
          ``(1) Policy.--The Commission shall--
                  ``(A) maintain and update, as appropriate, the 
                `Northeast Corridor Commuter and Intercity Rail Cost 
                Allocation Policy' approved on September 17, 2015,'';
                  (B) in paragraph (1)--
                          (i) in subparagraph (B) by striking ``a 
                        proposed timetable for implementing'' and 
                        inserting ``timetables for implementing and 
                        maintaining'';
                          (ii) in subparagraph (C) by striking ``the 
                        policy and the timetable'' and inserting 
                        ``updates to the policy and the timetables''; 
                        and
                          (iii) by striking subparagraph (D) and 
                        inserting the following:
                  ``(D) support the efforts of the members of the 
                Commission to implement the policy in accordance with 
                such timetables; and'';
                  (C) in paragraph (2)--
                          (i) by striking the first sentence and 
                        inserting ``In accordance with the timetable 
                        developed in paragraph (1), Amtrak and commuter 
                        authorities on the Northeast Corridor shall 
                        implement the policy developed under paragraph 
                        (1) in agreements for usage of facilities or 
                        services.'';
                          (ii) by striking ``fail to implement such new 
                        agreements'' and inserting ``fail to implement 
                        the policy''; and
                          (iii) by striking ``paragraph (1)(A), as 
                        applicable'' and inserting ``paragraph (1)''; 
                        and
                  (D) in paragraph (4) by striking ``public authorities 
                providing commuter rail passenger transportation'' and 
                inserting ``commuter authorities'';
          (5) by striking subsection (d);
          (6) by redesignating subsection (e) as subsection (d); and
          (7) in paragraph (1)(D) of subsection (d) (as redesignated by 
        paragraph (6)) by striking ``commuter rail agencies'' and 
        inserting ``commuter authorities''.

SEC. 9302. NORTHEAST CORRIDOR PLANNING.

  (a) In General.--Section 24904 of title 49, United States Code, is 
amended--
          (1) by redesignating subsection (e) as subsection (f);
          (2) by striking subsection (c);
          (3) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively;
          (4) by inserting before subsection (b), as so redesignated, 
        the following:
  ``(a) Service Development Plan.--
          ``(1) Requirement.--Not later than December 31, 2021, the 
        Northeast Corridor Commission established under section 24905 
        (referred to in this section as the `Commission') shall submit 
        to Congress a service development plan that identifies key 
        state-of-good-repair, capacity expansion, and capital 
        improvement projects planned for the Northeast Corridor, to 
        upgrade aging infrastructure and improve the reliability, 
        capacity, connectivity, performance, and resiliency of 
        passenger rail service on the Northeast Corridor.
          ``(2) Contents.--The service development plan required under 
        paragraph (1) shall--
                  ``(A) provide a coordinated and consensus-based plan 
                covering a period of 15 years;
                  ``(B) identify service objectives and capital 
                investments needs;
                  ``(C) provide a delivery-constrained strategy that 
                identifies capital investment phasing, an evaluation of 
                workforce needs, and strategies for managing resources 
                and mitigating construction impacts on operations;
                  ``(D) describe the anticipated outcomes of each 
                project or program, including an assessment of improved 
                capacity, travel time, and other benefits and costs of 
                proposed investments;
                  ``(E) include a financial strategy that incorporates 
                available funding and identifies funding needs and 
                potential sources of such funding; and
                  ``(F) be updated at least every 5 years.'';
          (5) in subsection (b) (as redesignated by paragraph (3))--
                  (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A) 
                        by striking ``Not later than'' and all that 
                        follows through ``shall'' and inserting ``Not 
                        later than November 1 of each year, the 
                        Commission shall'';
                          (ii) in subparagraph (A) by striking ``a 
                        capital investment plan'' and inserting ``an 
                        annual capital investment plan''; and
                          (iii) in subparagraph (B) by inserting ``for 
                        the Northeast Corridor'' after ``capital 
                        investment plan'';
                  (B) in paragraph (1)--
                          (i) in subparagraph (A) by striking ``a 
                        capital investment plan'' and inserting ``an 
                        annual capital investment plan''; and
                          (ii) in subparagraph (B) by inserting ``for 
                        the Northeast Corridor'' after ``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)--
                                  (I) by striking ``identify, 
                                prioritize,'' and all that follows 
                                through ``and consider'' and inserting 
                                ``document the projects and programs 
                                being undertaken to achieve the service 
                                outcomes identified in the Northeast 
                                Corridor service development plan, once 
                                available, and the asset condition 
                                needs identified in the Northeast 
                                Corridor asset management system 
                                described in subsection (e) and 
                                consider''; and
                                  (II) in clause (i) by inserting 
                                ``overall estimated'' before 
                                ``benefits'';
                          (v) in subparagraph (E)(i) by striking 
                        ``normalized capital replacement and'';
                          (vi) in subparagraph (F) by adding ``and'' at 
                        the end;
                          (vii) by striking subparagraph (G); and
                          (viii) by redesignating subparagraph (H) as 
                        subparagraph (G); and
                  (D) in paragraph (3)--
                          (i) by striking ``paragraph (2)(H)'' and 
                        inserting ``paragraph (2)(G)'';
                          (ii) in subparagraph (A)--
                                  (I) by inserting ``anticipated'' 
                                before ``funding sources''; and
                                  (II) by inserting ``and, in the 
                                absence of an authorization or 
                                appropriation of funds for a fiscal 
                                year, be based on the amount of funding 
                                available in the previous fiscal year, 
                                plus inflation'' after ``methods'';
                          (iii) in subparagraph (B) by striking 
                        ``expected allocated shares of costs'' and 
                        inserting ``status of cost sharing 
                        agreements'';
                          (iv) in subparagraph (C) by striking ``and'' 
                        at the end;
                          (v) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                          (vi) by inserting after subparagraph (C) the 
                        following:
                  ``(D) include any funding needs in excess of amounts 
                authorized or otherwise available in a fiscal year; 
                and'';
          (6) in subsection (c) (as redesignated by paragraph (3)) by 
        striking ``may be spent only on'' and all that follows through 
        the end and inserting ``may be spent only on capital projects 
        and programs contained in the Commission's capital investment 
        plan from the previous year.''; and
          (7) by striking subsection (d) and inserting the following:
  ``(d) Review and Coordination.--The Commission shall gather 
information from Amtrak, the States in which the Northeast Corridor is 
located, and commuter rail authorities to support development of the 
capital investment plan. The Commission may specify a format and other 
criteria for the information submitted. Submissions to the plan from 
Amtrak, States in which the Northeast Corridor are located, and 
commuter rail authorities shall be provided to the Commission in a 
manner that allows for a reasonable period of review by, and 
coordination with, affected agencies.
  ``(e) Northeast Corridor Asset Management.--With regard to existing 
infrastructure, Amtrak and other infrastructure owners that provide or 
support intercity rail passenger transportation on the Northeast 
Corridor shall develop an asset management system, and use and update 
such system as necessary, to develop submissions to the Northeast 
Corridor capital investment plan described in subsection (b). Such 
system shall--
          ``(1) be timed consistent with the Federal Transit 
        Administration process, as authorized under section 5326, when 
        implemented; and
          ``(2) include, at a minimum--
                  ``(A) an inventory of all capital assets owned by the 
                developer of the plan;
                  ``(B) an assessment of asset condition;
                  ``(C) a description of the resources and processes 
                necessary to bring or maintain those assets in a state 
                of good repair; and
                  ``(D) a description of changes in asset condition 
                since the previous version of the plan.''.
  (b) Conforming Amendments.--
          (1) Accounts.--Section 24317(d)(1) of title 49, United States 
        Code, is amended--
                  (A) in subparagraph (B) by striking 
                ``24904(a)(2)(E)'' and inserting ``24904(b)(2)(E)''; 
                and
                  (B) in subparagraph (F) by striking ``24904(b)'' and 
                inserting ``24904(c)''.
          (2) Federal-state partnership for state of good repair.--
        Section 24911(e)(2) of title 49, United States Code, is amended 
        by striking ``24904(a)'' and inserting ``24904(b)''.

SEC. 9303. PROTECTIVE ARRANGEMENTS.

  Section 22905 of title 49, United States Code, is amended--
          (1) in subsection (c)(2)(B) by striking ``that are equivalent 
        to the protective arrangements established under section 504 of 
        the Railroad Revitalization and Regulatory Reform Act of 1976 
        (45 U.S.C. 836)'' and inserting ``established by the Secretary 
        under subsection (e)(1)'';
          (2) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
          (3) by inserting after subsection (d) the following:
  ``(e) Equivalent Employee Protections.--
          ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of this subsection, the Administrator of the 
        Federal Railroad Administration shall establish protective 
        arrangements equivalent to those established under section 504 
        of the Railroad Revitalization and Regulatory Reform Act of 
        1976 (45 U.S.C. 836), and require such protective arrangements 
        to apply to employees described under subsection (c)(2)(B) and 
        as required under subsection (j) of section 22907.
          ``(2) Publication.--The Administrator shall make available on 
        a publicly available website the protective arrangements 
        established under paragraph (1).''.

SEC. 9304. INTERSTATE RAIL COMPACTS.

  (a) Identification.--Section 410 of the Amtrak Reform and 
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note) 
is amended--
          (1) in subsection (b)(2) by striking ``(except funds made 
        available for Amtrak)''; and
          (2) by adding at the end the following:
  ``(c) Interstate Rail Compacts Program.--The Secretary of 
Transportation shall--
          ``(1) make available on a publicly accessible website a list 
        of interstate rail compacts established in accordance with 
        subsection (a);
          ``(2) provide information to the public regarding interstate 
        rail compacts, including how States may establish interstate 
        rail compacts under subsection (a); and
          ``(3) annually update the information provided under 
        paragraph (2).''.
  (b) Grants Authorized.--Chapter 229 of title 49, United States Code, 
is further amended by adding at the end the following:

``Sec. 22910. Interstate rail compacts support program

  ``(a) In General.--The Secretary shall develop and implement a 
competitive grant program for providing administrative assistance, 
including salaries, benefits, travel, and other administrative 
expenses, to eligible applicants to support interstate and regional 
efforts--
          ``(1) to improve the safety, efficiency, or reliability of 
        intercity passenger rail; and
          ``(2) to promote and develop intercity passenger rail 
        service, including through initiating, restoring, or enhancing 
        intercity passenger rail service.
  ``(b) Applicant Selection Criteria.--
          ``(1) In general.--In awarding grants under this section, the 
        Secretary shall consider--
                  ``(A) the amount of other funding received by an 
                applicant (including funding from railroads) or other 
                significant participation by State, local, and regional 
                governmental and private entities;
                  ``(B) the applicant's work to facilitate and 
                encourage regional planning for passenger rail 
                improvement, enhancement, and development;
                  ``(C) the applicant's work to foster, through rail 
                transportation systems, economic development, 
                particularly in rural communities, for socially 
                disadvantaged individuals, and for disadvantaged 
                populations;
                  ``(D) the applicant's efforts to provide guidance to 
                local communities on public and private resources 
                relate to community concerns, such as congestion, rail 
                and grade crossing safety, trespasser prevention, quiet 
                zones, idling, and rail line relocations;
                  ``(E) whether the applicant seeks to restore service 
                over routes formerly operated by Amtrak, including 
                routes described in section 11304(a) of the Passenger 
                Rail Reform and Investment Act of 2015 (title XI of 
                division A of Public Law 114-94);
                  ``(F) the applicant's intent to provide intercity 
                passenger rail service to regions and communities that 
                are underserved or not served by other intercity public 
                transportation;
                  ``(G) whether the applicant is enhancing connectivity 
                and geographic coverage of the existing national 
                network of intercity rail passenger service;
                  ``(H) the applicant's efforts to engage with entities 
                to deploy railroad safety technology or programs, 
                including trespassing prevention, rail integrity 
                inspection systems, or grade crossing safety;
                  ``(I) whether the applicant prepares regional rail 
                and corridor service development plans and 
                corresponding environmental analysis; and
                  ``(J) whether the applicant has engaged with the 
                Federal, local, or State government and transportation 
                planning agencies to identify projects necessary to 
                enhance multimodal connections or facilitate service 
                integration between rail service and other modes, 
                including between intercity rail passenger 
                transportation and intercity bus service, commercial 
                air service, or commuter rail service.
          ``(2) Preference.--In selecting grant recipients, the 
        Secretary shall give preference to applicants that are 
        initiating, restoring, or enhancing intercity rail passenger 
        transportation.
  ``(c) Application Process.--The Secretary shall prescribe the form 
and manner of submitting applications under this section.
  ``(d) Performance Measures.--
          ``(1) In general.--The Secretary shall establish performance 
        measures for each grant recipient to assess progress in 
        achieving strategic goals and objectives.
          ``(2) Annual report.-- The Secretary shall require grant 
        recipients to submit an annual report of the activities of such 
        recipient and information related to applicable performance 
        measures, which may include--
                  ``(A) a demonstration of progress to achieve or 
                advance the relevant criteria described in subsection 
                (b); and
                  ``(B) the amount of non-Federal matching funds 
                provided from each member State.
  ``(e) Federal Share of Total Project Cost.--The Secretary shall 
require each recipient of a grant under this subsection to provide a 
non-Federal match of not less than 50 percent of the administrative 
assistance to the interstate rail compact.
  ``(f) Applicable Requirements.--The use of any amounts appropriated 
for grants under this section shall be subject to the applicable 
requirements under this chapter.
  ``(g) Applicability.--Amounts appropriated to carry out this section 
shall remain available until expended.
  ``(h) Limitations.--
          ``(1) Maximum funding per applicant.--The Secretary may not 
        award grants under this section in an amount exceeding $500,000 
        annually for each applicant.
          ``(2) Numeric limitation.--The Secretary may not provide 
        grants under this section to more than 10 interstate rail 
        compacts in any fiscal year.
  ``(i) Definitions.--In this section:
          ``(1) Applicant.--The term `applicant' means an interstate 
        rail compact or an interstate commission composed of 2 or more 
        States that has been established to promote, develop, or 
        operate intercity passenger rail transportation systems.
          ``(2) Intercity passenger rail service.--The term `intercity 
        passenger rail service' has the meaning given the term 
        `intercity rail passenger transportation' in section 24102.''.
  (c) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``22910. Interstate rail compacts support program.''.

SEC. 9305. HIGH-SPEED RAIL UPDATES.

  (a) High-speed Rail Corridor Planning.--Section 26101 of title 49, 
United States Code, is amended--
          (1) in subsection (b)(1)--
                  (A) in the matter preceding subparagraph (A) by 
                striking ``, or if it is an activity described in 
                subparagraph (M)'';
                  (B) in subparagraph (J) by striking ``right-of-way 
                improvements'' and inserting ``right-of-way acquisition 
                or improvement needs'';
                  (C) in subparagraph (K) by inserting ``and'' at the 
                end; and
                  (D) by striking subparagraphs (L) and (M) and 
                inserting the following:
          ``(L) public costs in the creation of public private 
        partnerships.''; and
          (2) in subsection (c)--
                  (A) by striking paragraphs (1) through (3) and 
                inserting the following:
          ``(1) the extent to which the proposed planning focuses on 
        systems which will provide for high-speed rail;
          ``(2) the integration of the corridor into metropolitan area 
        and statewide transportation planning, including State rail 
        plans;
          ``(3) the use of rail stations within urbanized areas that 
        are located in a geographic area with a greater density 
        population than the urbanized area as a whole;'';
                  (B) in paragraph (4) by inserting before the 
                semicolon ``, passenger rail, transit, and other 
                multimodal options'';
                  (C) in paragraph (6) by inserting ``and reduce 
                greenhouse gas emissions'' before the semicolon; and
                  (D) in paragraph (11) by inserting ``, including 
                access to affordable housing'' before the semicolon.
  (b) Definitions.--Section 26105(2) of title 49, United States Code, 
is amended--
          (1) by inserting ``made available to members of the general 
        public as passengers and reasonably expected to reach speeds 
        of'' after ``service which is'';
          (2) in subparagraph (A) by striking ``reasonably expected to 
        reach sustained speeds of more than 125 miles per hour; and'' 
        and inserting ``160 miles per hour or more on shared-use right-
        of-way; or''; and
          (3) in subparagraph (B) by striking ``made available to 
        members of the general public as passengers'' and inserting 
        ``186 miles per hour or more on dedicated right-of-way''.
  (c) High-speed Rail Corridor Development.--Section 26106(e)(2) of 
title 49, United States Code, is amended--
          (1) in subparagraph (A)(i) by striking ``section 211 of the 
        Passenger Rail Investment and Improvement Act of 2008'' and 
        inserting ``section 24904(a)''; and
          (2) in subparagraph (C)(i)--
                  (A) by striking subclause (III);
                  (B) by redesignating subclause (II) as subclause 
                (III);
                  (C) by inserting after subclause (I) the following:
                                  ``(II) connectivity to rail stations 
                                within urbanized areas that are located 
                                in a geographic area with a greater 
                                density population than the urbanized 
                                area as a whole;''; and
                  (D) by striking subclause (IV) and inserting the 
                following:
                                  ``(IV) environmental benefits, 
                                including projects that--
                                          ``(aa) reduce greenhouse gas 
                                        emissions; and
                                          ``(bb) involve 
                                        electrification or the purchase 
                                        of environmentally sensitive, 
                                        fuel-efficient, and cost-
                                        effective passenger rail 
                                        equipment;''.

SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS.

  (a) In General.--Chapter 229 of title 49, United States Code, is 
further amended by adding at the end the following:

``Sec. 22911. State rail planning formula funds

  ``(a) In General.--In carrying out this chapter, the Secretary shall 
allocate an appropriate portion of 1.5 percent of the amounts made 
available for programs under this chapter to provide grants to States--
          ``(1) for State or multi-State regional intercity passenger 
        rail corridor planning or project-specific, intercity passenger 
        rail planning purposes; or
          ``(2) for funding rail projects otherwise eligible under 
        section 22907 if no intercity passenger rail planning is 
        feasible.
  ``(b) Limitation of Funds.--Any unobligated balances of a grant under 
this section remaining after 3 years from the fiscal year in which the 
grant was made shall be redistributed in an appropriate portion.
  ``(c) Definitions.--In this section:
          ``(1) Appropriate portion.--The term `appropriate portion' 
        means a share, for each State--
                  ``(A) one quarter of which is comprised of the ratio 
                that the total railroad route miles in such State bears 
                to the total railroad route miles in the United States, 
                excluding from each such total the route miles used 
                exclusively for tourist excursions;
                  ``(B) one quarter of which is comprised of the ratio 
                that the population in such State bears to the total 
                population of the United States, as determined by the 
                Bureau of the Census; and
                  ``(C) half of which is comprised of the ratio that 
                the Amtrak ridership for fiscal year 2019 in each State 
                bears to the total Amtrak ridership for fiscal year 
                2019.
          ``(2) State.--The term `State' means each of the 50 States 
        and the District of Columbia.''.
  (b) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, is further amended by adding at the end the end the 
following:

``22911. State rail planning formula funds.''.

                     TITLE IV--COMMUTER RAIL POLICY

SEC. 9401. SENSE OF CONGRESS REGARDING COMMUTER RAIL LIABILITY 
                    INSURANCE.

  (a) Findings.--Congress finds the following:
          (1) Prior to the COVID-19 pandemic, 32 commuter railroads 
        across the United States safely carried passengers on more than 
        500,000,000 trips each year.
          (2) Commuter rail is a $9,900,000,000 industry that creates 
        and supports more than 200,000 public- and private-sector jobs, 
        and continues to grow.
          (3) Most commuter rail agencies are required to maintain 
        liability insurance up to statutory liability limits.
          (4) Commuter rail agencies face significant obstacles to 
        finding and obtaining liability insurance.
          (5) Only a handful of insurers offer this coverage, and a 
        significant percentage of the railroad liability insurance 
        marketplace is provided by foreign companies.
          (6) The number of insurers in the American and foreign 
        markets willing to even offer potential capacity for this 
        coverage has drastically decreased over the past several years, 
        and, regardless of cost, it is becoming extremely difficult for 
        commuter railroads to obtain the needed coverage.
          (7) Despite the exceptional safety record of commuter 
        railroads and recent full compliance with positive train 
        control, a 2021 survey of the American Public Transportation 
        Association's commuter rail agencies revealed that there has 
        been a 60 percent increase in premium costs over the last 3 
        years.
          (8) The increase in premiums is largely due to factors 
        outside the control of the commuter rail industry, including 
        major forest fires, hurricanes, and insurers exiting the 
        market.
          (9) The cost of liability insurance severely impacts the 
        operating budgets of many commuter rail agencies and 
        potentially affects their ability to offer these critical 
        public transportation services.
  (b) Sense of Congress.--It is the sense of Congress that Congress 
should address the capacity and cost issues associated with the 
commuter rail liability insurance market and consider establishing a 
commuter rail insurance program within the Department of 
Transportation.

SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION OF TRACKAGE USE 
                    REQUESTS.

  Section 28502 of title 49, United States Code, is amended to read as 
follows:

``Sec. 28502. Surface Transportation Board mediation of trackage use 
                    requests

  ``A rail carrier shall provide good faith consideration to a 
reasonable request from a provider of commuter rail passenger 
transportation for access to trackage and provision of related 
services. If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a rail carrier to 
use trackage of, and have related services provided by, the rail 
carrier for purposes of commuter rail passenger transportation, the 
public transportation authority or the rail carrier may apply to the 
Board for nonbinding mediation. In any case in which dispatching for 
the relevant trackage is controlled by a rail carrier other than the 
trackage owner, both shall be subject to the requirements of this 
section and included in the Board's mediation process. The Board shall 
conduct the nonbinding mediation in accordance with the mediation 
process of section 1109.4 of title 49, Code of Federal Regulations, as 
in effect on the date of enactment of the TRAIN Act. During such 
mediation process, the Board shall determine whether the consideration 
a rail carrier provided to a request was in good faith and whether the 
request from a provider of commuter rail passenger transportation was 
reasonable. The determinations made in the preceding sentence shall 
have no effect on the nonbinding nature of the mediation.''.

SEC. 9403. SURFACE TRANSPORTATION BOARD MEDIATION OF RIGHTS-OF-WAY USE 
                    REQUESTS.

  Section 28503 of title 49, United States Code, is amended to read as 
follows:

``Sec. 28503. Surface Transportation Board mediation of rights-of-way 
                    use requests

  ``A rail carrier shall provide good faith consideration to a 
reasonable request from a provider of commuter rail passenger 
transportation for access to rail right-of-way for the construction and 
operation of a segregated fixed guideway facility. If, after a 
reasonable period of negotiation, a public transportation authority 
cannot reach agreement with a rail carrier to acquire an interest in a 
railroad right-of-way for the construction and operation of a 
segregated fixed guideway facility to provide commuter rail passenger 
transportation, the public transportation authority or the rail carrier 
may apply to the Board for nonbinding mediation. In any case in which 
dispatching for the relevant trackage is controlled by a rail carrier 
other than the right-of-way owner, both shall be subject to the 
requirements of this section and included in the Board's mediation 
process. The Board shall conduct the nonbinding mediation in accordance 
with the mediation process of section 1109.4 of title 49, Code of 
Federal Regulations, as in effect on the date of enactment of the TRAIN 
Act. During such mediation process, the Board shall determine whether 
the consideration a rail carrier provided to a request was in good 
faith and whether the request from a provider of commuter rail 
passenger transportation was reasonable. The determinations made in the 
preceding sentence shall have no effect on the nonbinding nature of the 
mediation.''.

                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

SEC. 9501. STUDY ON SAFETY IMPACT OF LONG TRAINS.

  (a) Study.--The Secretary of Transportation shall conduct a study on 
the safety impacts of the operation of long trains.
  (b) Contents.--The study conducted under subsection (a) shall 
include--
          (1) an examination of any potential risks of the operation of 
        long trains and recommendations on mitigation of any such 
        risks;
          (2) among other safety factors with respect to the operation 
        of such trains, an evaluation of any--
                  (A) potential risk of loss of communications between 
                an end-of-train device, or a distributed power unit, 
                and the locomotive cab, including communications over 
                differing terrains and conditions;
                  (B) potential risk of loss of radio communications 
                between crewmembers after a crewmember alights from a 
                train, including communications over differing terrains 
                and conditions;
                  (C) potential risk of derailments, including any 
                risks associated with in-train compressive forces and 
                slack action, or other safety risks in differing 
                terrains and conditions;
                  (D) changes in risks or benefits to safety associated 
                with the deployment of multiple distributed power units 
                in the consists of such trains; and
                  (E) impacts of the length of trains on braking and 
                locomotive performance and track wear and tear; and
          (3) an evaluation of whether additional engineer and 
        conductor training is required for safely operating such 
        trains.
  (c) Collaboration.--In conducting the study required under subsection 
(a), the Secretary shall collaborate with railroad carriers, labor 
organizations representing railroad employees, and railroad safety 
technology manufacturers.
  (d) Results of Study.--
          (1) Report.--Not later than 24 months after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report that contains--
                  (A) the results of the study required by subsection 
                (a);
                  (B) any recommendations for mitigating safety risks 
                caused by long trains; and
                  (C) a description of any action the Secretary intends 
                to take to address any safety risk identified in the 
                study.
          (2) Sharing study results.--After submitting the report 
        required by paragraph (1), the Secretary shall share the 
        results of the study with railroad carriers, labor 
        organizations representing railroad employees, and safety 
        technology organizations.
  (e) Secretary Action.--Not later than 180 days after the date on 
which the report required by subsection (d)(1) is submitted, the 
Secretary shall implement any proposed actions described in such 
report.
  (f) Definition.--In this section, the term ``long train'' means a 
freight train composed of more than 150 rail cars.
  (g) Funding.--From the amounts made available for fiscal year 2021 to 
carry out section 20117(a) of title 49, United States Code, the 
Secretary shall expend not less than $1,000,000 and not more than 
$2,000,000 to carry out this section.

SEC. 9502. FRA SAFETY REPORTING.

  (a) In General.--Section 20901 of title 49, United States Code, is 
amended by inserting ``(including the train length, the number of crew 
members in the controlling locomotive cab, and the duties of such crew 
members)'' after ``reported accident or incident''.
  (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to carry out the amendment made by 
subsection (a).
  (c) Trend Analysis.--
          (1) In general.--Chapter 209 of title 49, United States Code, 
        is amended by adding at the end the following:

``Sec. 20904. Trend analysis

  ``(a) Annual Review and Analysis.--Not later than 1 year after the 
date of enactment of the TRAIN Act, and not less frequently than 
annually thereafter, the Secretary shall review the reports filed by a 
railroad carrier subject to section 20901(a) and analyze the data 
contained in such reports for trends or patterns of potential safety 
risks.
  ``(b) Secretary Action.--If the Secretary identifies any such trends 
or patterns, the Secretary shall--
          ``(1) take such actions as are necessary to address the 
        potential safety risk; and
          ``(2) if appropriate, communicate any such trends or patterns 
        to a representative of any relevant railroad carrier and a 
        representative of the employees of such railroad carrier, 
        including any nonprofit employee labor organization 
        representing a craft or class of employees subject to the 
        potential safety risk.''.
          (2) Clerical amendment.--The analysis for chapter 209 of 
        title 49, United States Code, is amended by adding at the end 
        the following:

``20904. Trend analysis.''.

  (d) Accident and Incident Reporting.--Section 209 of the Rail Safety 
Improvement Act of 2008 (49 U.S.C. 20901 note) is amended by inserting 
``, and other events required to be reported under part 225 of title 
49, Code of Federal Regulations,'' after ``collisions and fatalities''.

SEC. 9503. WAIVER NOTICE REQUIREMENTS.

  Section 20103(d) of title 49, United States Code, is amended to read 
as follows:
  ``(d) Nonemergency Waivers.--
          ``(1) In general.--The Secretary may waive or suspend 
        compliance with any part of a regulation prescribed or order 
        issued under this chapter if the waiver or suspension is in the 
        public interest and consistent with railroad safety.
          ``(2) Notice required.--The Secretary shall--
                  ``(A) provide timely public notice of any request for 
                a waiver or suspension under this subsection;
                  ``(B) make the application for such waiver or 
                suspension and any related underlying data available to 
                interested parties;
                  ``(C) provide the public with notice and a reasonable 
                opportunity to comment on a proposed waiver or 
                suspension under this subsection before making a final 
                decision; and
                  ``(D) make public the reasons for granting a waiver 
                or suspension under this subsection.
          ``(3) Information protection.--Nothing in this subsection 
        shall be construed to require the release of information 
        protected by law from public disclosure.''.

SEC. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY COMPLIANCE ASSESSMENTS.

  (a) Initial Notice.--If the Federal Railroad Administration initiates 
a comprehensive safety compliance assessment of an entity providing 
regularly scheduled intercity or commuter rail passenger 
transportation, the Administration shall notify in electronic format 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate of such comprehensive safety compliance 
assessment not later than 10 business days after the date on which 
commencement of any field investigation activity that is part of such 
assessment occurs.
  (b) Findings.--Not later than 180 days after completion of a 
comprehensive safety compliance assessment described in subsection (a), 
the Federal Railroad Administration shall transmit in electronic format 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a summary report of the findings of such 
assessment.
  (c) Definition of Comprehensive Safety Compliance Assessment.--In 
this section, the term ``comprehensive safety compliance assessment'' 
means a focused review initiated and managed by the Federal Railroad 
Administration based on findings from an accident investigation and 
involving at least 2 technical disciplines, with the purpose of 
examining the compliance of an entity providing regularly scheduled 
intercity or commuter rail passenger transportation with safety 
standards.

SEC. 9505. FRA ACCIDENT AND INCIDENT INVESTIGATIONS.

  Section 20902 of title 49, United States Code, is amended--
          (1) in subsection (b) by striking ``subpena'' and inserting 
        ``subpoena'';
          (2) in subsection (c) by inserting ``The Secretary shall 
        develop a process to make available to a representative of the 
        railroad carrier that is the subject of an accident or incident 
        investigation, and to a representative of the employees of such 
        railroad carrier, including a nonprofit employee labor 
        organization representing railroad workers, a draft 
        investigation report for timely review and comment.'' after the 
        period at the end; and
          (3) by adding at the end the following:
  ``(d) Gathering Information and Technical Expertise.--
          ``(1) In general.--The Secretary shall create a standard 
        process for investigators to use during accident and incident 
        investigations conducted under this section to--
                  ``(A) gather information about an accident or 
                incident under investigation from railroad carriers, 
                contractors or employees of railroad carriers or 
                representatives of employees of railroad carriers, and 
                others determined relevant by the Secretary; and
                  ``(B) consult with railroad carriers, contractors or 
                employees of railroad carriers or representatives of 
                employees of railroad carriers, and others determined 
                relevant by the Secretary, for technical expertise on 
                the facts of the accident or incident under 
                investigation.
          ``(2) Confidentiality.--In developing the process under 
        paragraph (1), the Secretary shall factor in ways to maintain 
        the confidentiality of any entity identified under paragraph 
        (1) if--
                  ``(A) such entity requests confidentiality;
                  ``(B) such entity was not involved in the accident or 
                incident; and
                  ``(C) maintaining such entity's confidentiality does 
                not adversely affect an investigation of the Federal 
                Railroad Administration.
          ``(3) Application of law.--This subsection shall not apply to 
        any investigation carried out by the National Transportation 
        Safety Board.''.

SEC. 9506. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS.

  (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:

``Sec. 20169. Freight train crew size safety standards

  ``(a) Minimum Crew Size.--No freight train may be operated unless 
such train has a 2-person crew comprised of at least 1 appropriately 
qualified and certified conductor and 1 appropriately qualified and 
certified locomotive engineer.
  ``(b) Exceptions.--Except as provided in subsection (d), the 
prohibition in subsection (a) shall not apply in any of the following 
circumstances:
          ``(1) Train operations on track that is not a main track.
          ``(2) A train operated--
                  ``(A) by a railroad carrier that has fewer than 
                400,000 total employee work hours annually and less 
                than $40,000,000 annual revenue (adjusted for inflation 
                as measured by the Surface Transportation Board 
                Railroad Inflation-Adjusted Index);
                  ``(B) at a speed of not more than 25 miles per hour; 
                and
                  ``(C) on a track with an average track grade of less 
                than 2 percent for any segment of track that is at 
                least 2 continuous miles.
          ``(3) Locomotives performing assistance to a train that has 
        incurred mechanical failure or lacks the power to traverse 
        difficult terrain, including traveling to or from the location 
        where assistance is provided.
          ``(4) Locomotives that--
                  ``(A) are not attached to any equipment or attached 
                only to a caboose; and
                  ``(B) do not travel farther than 30 miles from the 
                point of origin of such locomotive.
          ``(5) Train operations staffed with fewer than a two-person 
        crew at least 1 year prior to the date of enactment of this 
        section, if the Secretary determines that the operation 
        achieves an equivalent level of safety.
  ``(c) Trains Ineligible for Exception.--The exceptions under 
subsection (b) may not be applied to--
          ``(1) a train transporting 1 or more loaded cars carrying 
        high-level radioactive waste, spent nuclear fuel, or material 
        toxic by inhalation;
          ``(2) a train carrying 20 or more loaded tank cars of a Class 
        2 material or a Class 3 flammable liquid in a continuous block 
        or a single train carrying 35 or more loaded tank cars of a 
        Class 2 material or a Class 3 flammable liquid throughout the 
        train consist; or
          ``(3) a train with a total length of 7,500 feet or greater.
  ``(d) Waiver.--A railroad carrier may seek a waiver of the 
requirements of this section pursuant to section 20103(d).''.
  (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is amended by adding at the end 
the following:

``20169. Freight train crew size safety standards.''.

SEC. 9507. BORDER CROSSINGS.

  (a) Border Crossings.--The Secretary of Transportation shall require 
that--
          (1) any railroad carrier that is operating a freight train 
        across the southern border into the United States operates the 
        train continually until the last car of the train passes 
        through the scanning facility used for nonintrusive inspection 
        by U.S. Customs and Border Protection located at such border;
          (2) when the last car of such train passes through such 
        facility, the railroad carrier shall stop such train to conduct 
        a crew interchange and any federally-mandated safety testing; 
        and
          (3) the railroad carrier ensures that the only individuals 
        that operate such trains after carrying out the activities 
        described in paragraph (2) are individuals--
                  (A) who are United States nationals or aliens 
                lawfully admitted for permanent residence in the United 
                States; and
                  (B) whose primary reporting point is in the United 
                States.
  (b) Funding.--
          (1) Set-aside.--From the amounts made available to carry out 
        section 22907 of title 49, United States Code, the Secretary 
        shall set aside, for each of fiscal years 2022 through 2026, 
        $60,000,000 for projects to prevent blocked crossing incidents 
        as a result of operations made necessary by subsection (a). 
        Projects eligible for funding under this paragraph are--
                  (A) highway-rail grade crossing separation projects 
                eligible under such section that are located not 
                further than 1.5 miles from a scanning facility 
                described in subsection (a)(1); and
                  (B) projects eligible under such section to relocate 
                a rail line to prevent blocked crossing incidents 
                resulting from trains crossing the southern border.
          (2) Unobligated funds.--Any funds provided under paragraph 
        (1) that are unobligated at the end of the second fiscal year 
        following the fiscal year in which such funds are set aside may 
        be used for any eligible project under section 22907.
  (c) Agreement.--The Secretary shall ensure that a recipient of funds 
made available under subsection (b)(1)(A) has a written agreement with 
any railroad carrier operating over the infrastructure constructed or 
improved with such funds that includes a requirement that any such 
railroad carrier may not operate trains over such infrastructure that, 
due to the length of the train, are likely to cause blocked crossing 
incidents.
  (d) Rule of Construction.--Nothing in this section shall be construed 
as amending any safety regulation of the Federal Railroad 
Administration or amending or revoking any waivers such Administration 
has granted under section 20103 of title 49, United States Code.
  (e) Definitions.--In this section:
          (1) Railroad carrier.--The term ``railroad carrier'' has the 
        meaning given such term in section 20102 of title 49, United 
        States Code.
          (2) Southern border.--The term ``southern border'' means the 
        international border between the United States and Mexico.
          (3) Blocked crossing incident.--The term ``blocked crossing 
        incident'' has the meaning given such term in section 20173 of 
        title 49, United States Code.

SEC. 9508. YARDMASTERS HOURS OF SERVICE.

  (a) Limitations on Duty Hours of Yardmaster Employees.--Section 21103 
of title 49, United States Code, is amended--
          (1) in the section heading by inserting ``and yardmaster 
        employees'' after ``train employees'';
          (2) by inserting ``or yardmaster employee'' after ``train 
        employee'' each place it appears; and
          (3) in subsection (e) by inserting ``or yardmaster 
        employee's'' after ``During a train employee's''.
  (b) Definitions.--Section 21101 of title 49, United States Code, is 
amended--
          (1) in paragraph (3) by inserting ``a yardmaster employee,'' 
        after ``dispatching service employee,''; and
          (2) by adding at the end the following:
          ``(6) `yardmaster employee' means an individual responsible 
        for supervising and coordinating the control of trains and 
        engines operating within a rail yard.''.
  (c) Conforming Amendment.--The analysis for chapter 211 of title 49, 
United States Code, is amended by striking the item relating to section 
21103 and inserting the following:

``21103. Limitations on duty hours of train employees and yardmaster 
employees.''.

SEC. 9509. LEAKING BRAKES.

  (a) In General.--The Administrator of the Federal Railroad 
Administration shall take such actions as are necessary to prohibit the 
use of any service air brake control valve or emergency air brake 
control valve in any location north of the 37th parallel during the 
period beginning on November 1 and ending on March 31 of any year if--
          (1) the period between the date on which the air brake 
        control valve is in use and the date of the manufacture or 
        recondition of such valve exceeds 15 years; and
          (2) the air brake control valve is operated in--
                  (A) a unit train on or after August 1, 2023;
                  (B) a train transporting 1 or more materials 
                poisonous by inhalation, as such term is defined in 
                section 171.8 of title 49, Code of Federal Regulations, 
                on or after August 1, 2023; or
                  (C) a non-unit train on or after August 1, 2025.
  (b) Reports.--Not later than 1 year after the date of enactment of 
this Act, and every year thereafter until air brake control valves 
described in subsection (a) are no longer operating in trains as 
required under subparagraphs (A) and (B) of subsection (a)(1), the 
Administrator shall transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that 
identifies--
          (1) the estimated number of such air brake control valves in 
        use on--
                  (A) unit trains operating north of the 37th parallel 
                between November 1 and March 31; and
                  (B) trains transporting 1 or more material poisonous-
                by-inhalation operating north of the 37th parallel 
                during the period beginning on November 1 and ending on 
                March 31;
          (2) any issues affecting the industry's progress toward 
        ensuring that such air brake control valves are phased out in 
        accordance with the requirements of subsection (a); and
          (3) efforts the Administrator has taken since the previous 
        report to ensure such air brake control valves are phased out 
        in accordance with the requirements of subsection (a).
  (c) Rulemaking.--If, after collecting data through a science-based 
methodology, the Administrator determines the prohibition under 
subsection (a) does not ensure a sufficient level of safety, the 
Administrator may propose alternative actions in a rulemaking 
addressing the air brake control valves subject to this section.

SEC. 9510. REPORT ON PTC SYSTEM FAILURES.

  Section 20157 of title 49, United States Code, is amended by adding 
at the end the following:
  ``(m) Report of System Failures.--The Secretary shall require 
railroad carriers and other entities subject to subsection (a) to 
regularly report to the Administrator failures of positive train 
control systems. The Secretary shall prescribe the type of failure, 
format, interval, and detail required for reports submitted under this 
subsection.''.

SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall issue final regulations 
on fatigue management plans based on the notice of proposed rulemaking 
published on December 22, 2020, titled ``Fatigue Risk Management 
Programs for Certain Passenger and Freight Railroads'' (85 Fed. Reg. 
83484; Docket No. FRA-2015-0122).
  (b) Monitoring.--
          (1) Fatigue as cause or contributing factor.--If a Federal 
        Railroad Administration railroad accident or incident 
        investigation conducted under section 20902 of title 49, United 
        States Code, identifies that fatigue was a casual or 
        contributing factor to an accident or incident, the Secretary 
        may reopen a fatigue management plan of a passenger railroad 
        operation or a railroad subject to part 270 or part 271, 
        respectively, of title 49, Code of Federal Regulations.
          (2) Fatigue as systemic issue.--If the Secretary determines 
        that fatigue is a systemic issue for a passenger railroad 
        operation or railroad, the Secretary shall reopen a fatigue 
        management plan of such passenger railroad operation or a 
        railroad subject to part 270 or part 271, respectively, of 
        title 49, Code of Federal Regulations.
          (3) Reopening of fatigue management plan.--If the Secretary 
        reopens a fatigue management plan under paragraph (1) or (2), 
        the Secretary shall--
                  (A) consider whether any statement filed under 
                sections 270.208(e) and 271.207(e) of title 49, Code of 
                Federal Regulations, addressed such plan; and
                  (B) consult with employees, including labor 
                organizations representing railroad employees, of the 
                passenger railroad operation or railroad that has a 
                reopened fatigue management plan.

SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS.

  (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:

``Sec. 20170. Assault prevention and response plans

  ``(a) In General.--Not later than 180 days after the date of 
enactment of the TRAIN Act, any entity that provides regularly 
scheduled intercity or commuter rail passenger transportation shall 
submit to the Secretary of Transportation for review and approval an 
assault prevention and response plan (in this section referred to as 
the `Plan') to address transportation assaults.
  ``(b) Contents of Plan.--The Plan required under subsection (a) shall 
include--
          ``(1) procedures that--
                  ``(A) facilitate the reporting of a transportation 
                assault, including the notification of on-site 
                personnel, rail law enforcement, and local law 
                enforcement;
                  ``(B) personnel should follow up on the reporting of 
                a transportation assault, including actions to protect 
                affected individuals from continued assault;
                  ``(C) may be taken to remove the passenger or 
                personnel who has committed a transportation assault 
                from the train or related area or facility as soon as 
                practicable when appropriate;
                  ``(D) include protections and safe reporting 
                practices for passengers who may have been assaulted by 
                personnel; and
                  ``(E) may limit or prohibit, to the extent 
                practicable, future travel with the entity described in 
                subsection (a) by any passenger or personnel who 
                commits a transportation assault against personnel or 
                passengers;
          ``(2) a policy that ensures an employee who is a victim or 
        witness of a transportation assault may participate in the 
        prosecution of a criminal offense of such assault without any 
        adverse effect on the victim's or witnesses' employment status; 
        and
          ``(3) a process and timeline for conducting an annual review 
        and update of the Plan.
  ``(c) Notice to Passengers.--An entity described under subsection (a) 
shall display onboard trains and in boarding areas, as appropriate, a 
notice stating the entity's abilities to restrict future travel under 
subsection (b)(1)(E).
  ``(d) Personnel Training.--An entity described under subsection (a) 
shall provide initial and annual training for all personnel on the 
contents of the Plan, including training regarding--
          ``(1) the procedures described in subsection (b);
          ``(2) methods for responding to hostile situations, including 
        de-escalation training; and
          ``(3) rights and responsibilities of personnel with respect 
        to a transportation assault on themselves, other personnel, or 
        passengers.
  ``(e) Personnel Participation.--The Plan required under subsection 
(a) shall be developed and implemented with the direct participation of 
personnel, and, as applicable, labor organizations representing 
personnel.
  ``(f) Reporting.--
          ``(1) Incident notification.--
                  ``(A) In general.--Not later than 10 days after a 
                transportation assault incident, the applicable entity 
                described in subsection (a) shall notify personnel 
                employed at the location in which the incident 
                occurred. In the case of an incident on a vehicle, such 
                entity shall notify personnel regularly scheduled to 
                carry out employment activities on the service route on 
                which the incident occurred.
                  ``(B) Content of incident report.--The notification 
                required under paragraph (1) shall--
                          ``(i) include a summary of the incident; and
                          ``(ii) be written in a manner that protects 
                        the confidentiality of individuals involved in 
                        the incident.
          ``(2) Annual report.--For each calendar year, each entity 
        with respect to which a transportation assault incident has 
        been reported during such year shall submit to the Secretary a 
        report that describes--
                  ``(A) the number of assault incidents reported to the 
                entity, including--
                          ``(i) the number of incidents committed 
                        against passengers; and
                          ``(ii) the number of incidents committed 
                        against personnel; and
                  ``(B) the number of assault incidents reported to 
                rail or local law enforcement by personnel of the 
                entity.
          ``(3) Publication.--The Secretary shall make available to the 
        public on the primary website of the Federal Railroad 
        Administration the data collected under paragraph (2).
          ``(4) Data protection.--Data made available under this 
        subsection shall be made available in a manner that protects 
        the confidentiality of individuals involved in transportation 
        assault incidents.
  ``(g) Definition of Transportation Assault.--In this section, the 
term `transportation assault' means the occurrence, or reasonably 
suspected occurrence, of an act that--
          ``(1) constitutes assault;
          ``(2) is committed by a passenger or member of personnel of 
        an entity that provides regularly scheduled intercity or 
        commuter rail passenger transportation against another 
        passenger or member of personnel of such entity; and
          ``(3) takes place--
                  ``(A) within a vehicle of such entity; or
                  ``(B) in an area in which passengers are entering or 
                exiting a vehicle described in subparagraph (A); or
                  ``(C) at a station or facility where such entity 
                operates, regardless of ownership of the station or 
                facility.''.
  (b) Conforming Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, as amended by this division, is 
further amended by adding at the end the following:

``20170. Assault prevention and response plans.''.

SEC. 9513. CRITICAL INCIDENT STRESS PLANS.

  The Secretary of Transportation shall issue such regulations as are 
necessary to amend part 272 of title 49, Code of Federal Regulations, 
to ensure that--
          (1) the coverage of a critical incident stress plan under 
        section 272.7 of such part includes directly involved employees 
        of commuter railroads and intercity passenger railroads, as 
        such terms are defined in section 272.9 of such part; and
          (2) assault and the witnessing of an assault against an 
        employee or train passenger is included in the definition of 
        critical incident under section 272.9 of such part.

SEC. 9514. CREWMEMBER CERTIFICATION AND QUALIFICATION.

  (a) Audit of Programs.--
          (1) In general.--Subchapter II of chapter 201 of title 49, 
        United States Code, as amended by this division, is further 
        amended by adding at the end the following:

``Sec. 20171. Audit of qualification and certification programs

  ``(a) In General.--Not later than 1 year after the date of enactment 
of the TRAIN Act, and not less frequently than every 5 years 
thereafter, the Secretary shall conduct an audit of--
          ``(1) the qualification and certification program of 
        locomotive engineers of each Class I railroad carrier subject 
        to the requirements of part 240 of title 49, Code of Federal 
        Regulations; and
          ``(2) the qualification and certification program of 
        conductors of each Class I railroad carrier subject to the 
        requirements of part 242 of title 49, Code of Federal 
        Regulations.
  ``(b) Contents of Audit.--In carrying out the audit required under 
subsection (a), the Secretary shall--
          ``(1) consider whether the training, qualification, and 
        continuing education components of the programs described in 
        subsection (a) comply with regulations in parts 240 and 242 of 
        title 49, Code of Federal Regulations;
          ``(2) assess the quality of the training that railroad 
        carriers provide locomotive engineers and conductors under such 
        programs;
          ``(3) determine whether such programs provide locomotive 
        engineers and conductors the knowledge, skill, and ability to 
        safely operate the types of locomotives or trains a railroad 
        carrier may require a locomotive engineer and conductor to 
        operate, including all associated technology used on such 
        locomotives or trains;
          ``(4) determine whether the training, qualification, and 
        continuing education components of such programs reflect the 
        operating practices of the railroad carrier carrying out such 
        components;
          ``(5) assess whether a railroad carrier conducting such 
        programs provides locomotive engineers or conductors adequate 
        at-controls training before certification;
          ``(6) assess how a railroad carrier uses a simulator or other 
        technology to train, familiarize, or provide recurrent training 
        to a locomotive engineer or conductor, including how the use of 
        a simulator or other such technology compares to international 
        experience or practice; and
          ``(7) address any other safety issues the Secretary 
        determines appropriate for preparing locomotive engineers and 
        conductors.
  ``(c) Deficiency in Qualification and Certification Program.--If, in 
conducting the audit required under this section, the Secretary 
identifies a deficiency in a railroad carrier's qualification and 
certification program of locomotive engineers or the qualification and 
certification program of conductors, the Secretary shall require the 
railroad carrier to update such program to eliminate the deficiency.
  ``(d) Consultation.--In conducting the audit required under this 
section, the Secretary shall consult with representatives of each 
railroad carrier and representatives of the employees of the railroad 
carrier, including any nonprofit employee labor organization 
representing engineers or conductors of the railroad carrier.
  ``(e) Cooperation.--
          ``(1) In general.--A railroad carrier and employees of the 
        railroad carrier, including any nonprofit employee labor 
        organization representing engineers or conductors of the 
        railroad carrier, shall cooperate fully with the Secretary 
        during an audit required under this section.
          ``(2) Documents; interviews.--A railroad carrier shall 
        provide any documents requested by the Secretary or make 
        available any employee for interview with the Secretary without 
        undue delay or obstruction.
  ``(f) Report to Congress.--Not later than 90 days after the date on 
which the Secretary completes an audit under subsection (a), the 
Secretary shall--
          ``(1) publish on the website of the Federal Railroad 
        Administration a report that summarizes the results of the 
        audit and any updates made in accordance with subsection (c); 
        and
          ``(2) notify of such report the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
  ``(g) Civil Penalty.--The Secretary is authorized to assess a civil 
penalty or to take other authorized enforcement action, as appropriate, 
pursuant to chapter 213 for a failure to comply with the requirements 
of this section.''.
          (2) Clerical amendment.--The analysis for subchapter II of 
        chapter 201 of title 49, United States Code, as amended by this 
        division, is further amended by adding at the end the 
        following:

``20171. Audit of qualification and certification programs.''.

  (b) Review of Regulations.--
          (1) In general.--The Secretary of Transportation shall 
        determine whether any update to part 240 or 242, of title 49, 
        Code of Federal Regulations, is necessary to prepare locomotive 
        engineers and conductors to safely operate trains.
          (2) Requirements.--In making a determination under paragraph 
        (1), the Secretary shall--
                  (A) evaluate, taking into account the requirements of 
                section 20169 of title 49, United States Code, whether 
                such parts establish Federal standards for railroad 
                carriers to--
                          (i) provide locomotive engineers and 
                        conductors the knowledge, skill and ability to 
                        safely operate trains under conditions that 
                        reflect industry practices;
                          (ii) adequately address locomotive engineer 
                        and conductor situational awareness;
                          (iii) require adequate at-controls training 
                        before a locomotive engineer or conductor is 
                        certified;
                          (iv) adequately prepare locomotive engineers 
                        and conductors to understand all locomotive 
                        operating characteristics;
                          (v) sufficiently require locomotive engineers 
                        and conductors to demonstrate knowledge on the 
                        physical characteristics of a territory under 
                        various conditions and using various resources; 
                        and
                          (vi) address any other safety issue the 
                        Secretary determines appropriate for better 
                        preparing locomotive engineers and conductors; 
                        and
                  (B) consider the results of the audit required by 
                section 20171 of title 49, United States Code.
          (3) Report to congress.--Not later than 180 days after the 
        date on which the Secretary submits the report required under 
        section 20171(f) of title 49, United States Code, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report that includes the findings of the review 
        required under paragraph (1) and a description of any action 
        the Secretary intends to take to improve, or increase the 
        effectiveness of the requirements of, part 240 or 242 of title 
        49, Code of Federal Regulations.
          (4) Rulemaking.--If the Secretary determines under paragraph 
        (1) that any update to part 240 or 242 is necessary to prepare 
        locomotive engineers or conductors to safely operate 
        locomotives or trains, the Secretary shall issue a rulemaking 
        to carry out such update.
          (5) Application of law.--Any action the Secretary takes as a 
        result of a determination made under paragraph (1) shall be 
        consistent with section 20169 of title 49, United States Code.
          (6) Definition of railroad carrier.--In this subsection, the 
        term ``railroad carrier'' has the meaning given such term in 
        section 20102 of title 49, United States Code.

SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION.

  (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:

``Sec. 20172. Safety management team communication

  ``The Administrator of the Federal Railroad Administration shall 
implement a process for the communication of information between safety 
management teams of the Administration and railroad employees, 
including any nonprofit employee labor organization representing 
railroad employees. Such process shall include a reasonable timeframe 
for a safety management team to respond to communication from such 
railroad employees.''.
  (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, as amended by this division, is 
further amended by adding at the end the following:

``20172. Safety management team communication.''.

SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF RAILROAD SAFETY.

  (a) Study.--The Comptroller General of the United States shall 
conduct a study comparing the Office of Railroad Safety of the Federal 
Railroad Administration before and after the reorganization of such 
Office that took effect on June 8, 2020.
  (b) Contents.--The study conducted under subsection (a) shall 
evaluate--
          (1) the differences in the structure of the Office before and 
        after such reorganization;
          (2) any differences in the communication between the Office 
        and railroad carriers and the employees of railroad carriers 
        before and after such reorganization;
          (3) any differences in the communication between Federal 
        Railroad Administration safety inspectors and other specialists 
        before and after such reorganization, and the impacts of such 
        differences;
          (4) whether the structure before or after such reorganization 
        better protects against regulatory capture;
          (5) whether the structure before or after such reorganization 
        is better at promoting and ensuring safety;
          (6) whether the structure before or after such reorganization 
        more closely resembles the structure of other Department of 
        Transportation modal agencies that have enforcement authority 
        similar to the Federal Railroad Administration; and
          (7) any other issues the Comptroller General determines are 
        relevant.
  (c) Information Collection.--In conducting the study required under 
this section, the Comptroller General shall collect information from 
the following entities:
          (1) The Federal Railroad Administration.
          (2) Freight rail carriers and passenger rail carriers.
          (3) Employees of freight rail carriers and passenger rail 
        carriers.
          (4) Other entities the Comptroller General determines are 
        relevant.
  (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that includes the findings of the study conducted under 
subsection (a) and any recommendations for improving safety and 
communication within the Office of Railroad Safety or between the 
Office of Railroad Safety and the entities identified in paragraphs (2) 
and (3) of subsection (c).

SEC. 9517. OPEN-TOP RAIL CAR PUBLIC INPUT.

  Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Federal Railroad Administration shall initiate a 
public process to seek input on addressing safety risks, spills, 
emissions, odors, and other public nuisances associated with top 
loading rail cars, open-top hoppers, and gondolas, including evaluating 
the feasibility of a requirement that such rail cars be covered while 
in transportation, including while being held, delayed, or transferred.

SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.

  (a) In General.--Subchapter I of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:

``Sec. 20122. New passenger service pre-revenue safety validation plan

  ``(a) Safety Validation Plan.--
          ``(1) In general.--The Secretary of Transportation shall 
        require a covered entity to submit to the Secretary a safety 
        validation plan to ensure the safe operation of--
                  ``(A) a new intercity rail passenger transportation 
                or commuter rail passenger transportation service;
                  ``(B) an intercity rail passenger transportation or 
                commuter rail passenger transportation route that has 
                not been in revenue service for a period of more than 
                180 days; or
                  ``(C) an extension of an existing intercity rail 
                passenger transportation or commuter rail passenger 
                transportation route.
          ``(2) Submission.--A covered entity shall submit a safety 
        validation plan required under paragraph (1) not later than 30 
        days before the date on which such entity begins revenue 
        service of a service or route described in paragraph (1).
  ``(b) Requirements.--
          ``(1) In general.--Not later than 60 days after the date of 
        enactment of the TRAIN Act, the Secretary shall establish the 
        requirements of the safety validation plan described under 
        subsection (a), including adequate training of all relevant 
        personnel and a minimum period of simulated service to ensure 
        operational readiness.
          ``(2) Prohibition of service.--The Secretary shall prohibit a 
        covered entity from beginning a service described in subsection 
        (a)(1) until the entity is in full compliance with the safety 
        validation plan required by such subsection.
  ``(c) Amendment to Safety Validation Plan.--
          ``(1) In general.--The Secretary shall require a covered 
        entity to submit to the Secretary for review and approval any 
        proposed amendment to a safety validation plan required under 
        subsection (a).
          ``(2) Review and approval.--Not later than 5 working days 
        after the date on which the Secretary receives a proposed 
        amendment submitted under paragraph (1), the Secretary shall 
        review and approve or deny such proposed amendment.
          ``(3) Notification.--If the Secretary does not approve a 
        proposed amendment submitted under this subsection, the 
        Secretary shall provide written notice to the covered entity of 
        the specific areas in which the proposed amendment is 
        deficient. An entity may correct such deficiencies and reapply 
        for review and approval under this subsection.
  ``(d) Definitions.--In this section:
          ``(1) Covered entity.--The term `covered entity' means an 
        entity providing regularly scheduled railroad transportation 
        that is intercity rail passenger transportation or commuter 
        rail passenger transportation.
          ``(2) Intercity rail passenger transportation; commuter rail 
        passenger transportation.--The terms `intercity rail passenger 
        transportation' and `commuter rail passenger transportation' 
        have the meanings given such terms in section 24102.''.
  (b) Clerical Amendment.--The analysis for subchapter I of chapter 201 
of title 49, United States Code, is amended by adding at the end the 
following new item:

``20122. New passenger service pre-revenue safety validation plan.''.

SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND EMERGING RAIL 
                    TECHNOLOGIES.

  (a) In General.--The Secretary of Transportation shall conduct a 
review of the safety regulations of the Federal Railroad Administration 
to determine the applicability of such regulations to nontraditional 
and emerging rail technologies and to identify any gaps in such 
regulations or any challenges to ensuring the safety of such 
technologies.
  (b) Report.--Not later than 18 months after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
findings of the review conducted under subsection (a).
  (c) Contents.--The report required under subsection (b) shall include 
a description of--
          (1) the applicability of safety regulations in effect on the 
        date of enactment of this Act to nontraditional and emerging 
        rail technologies;
          (2) whether gaps in the regulations or other challenges exist 
        that should be addressed in order to ensure the safety of 
        nontraditional and emerging rail technologies;
          (3) any additional regulations that are necessary to ensure 
        the safety of nontraditional and emerging rail technologies; 
        and
          (4) any additional research that may be needed to further 
        evaluate and regulate the safety of nontraditional and emerging 
        rail technologies.
  (d) Public Notice and Comment.--In conducting the review process 
under subsection (a), the Secretary shall provide notice and an 
opportunity for public comment for not less than 60 days.
  (e) Nontraditional and Emerging Rail Technologies Defined.--In this 
section, the term ``nontraditional and emerging rail technologies'' 
means nonhighway ground transportation that runs on electromagnetic 
guideways in a tube, or system of tubes, that operates in a low-
pressure environment.

                   Subtitle B--Grade Crossing Safety

SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS.

  (a) In General.--Chapter 229 of title 49, United States Code, as 
amended by this division, is further amended by adding at the end the 
following:

``Sec. 22912. Highway-rail grade crossing separation grants

  ``(a) General Authority.--The Secretary of Transportation shall make 
grants under this section to eligible entities to assist in funding the 
cost of highway-rail grade crossing separation projects.
  ``(b) Application Requirements.--To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary an 
application in such form, in such manner, and containing such 
information as the Secretary may require, including--
          ``(1) an agreement between the entity that owns or controls 
        the railroad right-of-way and the applicant addressing access 
        to the railroad right-of-way throughout the project; and
          ``(2) a cost-sharing agreement with the funding amounts that 
        the entity that owns or controls the railroad right-of-way 
        shall contribute to the project, which shall be not less than 
        10 percent of the total project cost.
  ``(c) Eligible Projects.--The following projects are eligible to 
receive a grant under this section:
          ``(1) Installation, repair, or improvement, including 
        necessary acquisition of real property interests, of highway-
        rail grade crossing separations.
          ``(2) Highway-rail grade crossing elimination incidental to 
        eligible grade crossing separation projects.
          ``(3) Project planning, development, and environmental work 
        related to a project described in paragraph (1) or (2).
  ``(d) Project Selection Criteria.--In awarding grants under this 
section, the Secretary--
          ``(1) shall give priority to projects that maximize the 
        safety benefits of Federal funding;
          ``(2) shall give priority to projects that provide direct 
        benefits to socially disadvantaged individuals (as such term is 
        defined in section 22906(b)); and
          ``(3) may evaluate applications on the safety profile of the 
        existing crossing, 10-year history of accidents at such 
        crossing, inclusion of the proposed project on a State highway-
        rail grade crossing action plan, average daily vehicle traffic, 
        total number of trains per day, average daily number of 
        crossing closures, the challenges of grade crossings located 
        near international borders, proximity to established emergency 
        evacuation routes, and proximity of community resources, 
        including schools, hospitals, fire stations, police stations, 
        and emergency medical service facilities.
  ``(e) Federal Share of Total Project Costs.--
          ``(1) Total project costs.--The Secretary shall estimate the 
        total costs of a project under this section based on the best 
        available information, including any available engineering 
        studies, studies of economic feasibility, environmental 
        analysis, and information on the expected use of equipment or 
        facilities.
          ``(2) Federal share.--The Federal share for a project carried 
        out under this section shall not exceed 85 percent.
  ``(f) Grant Conditions.--An eligible entity may not receive a grant 
for a project under this section unless such project complies with 
section 22905.
  ``(g) Letters of Intent.--
          ``(1) In general.--The Secretary shall, to the maximum extent 
        practicable, issue a letter of intent to a recipient of a grant 
        under this section that--
                  ``(A) announces an intention to obligate for a 
                project an amount that is not more than the amount 
                stipulated as the financial participation of the 
                Secretary for the project; and
                  ``(B) states that the contingent commitment--
                          ``(i) is not an obligation of the Federal 
                        Government; and
                          ``(ii) is subject to the availability of 
                        appropriations for grants under this section 
                        and subject to Federal laws in force or enacted 
                        after the date of the contingent commitment.
          ``(2) Congressional notification.--
                  ``(A) In general.--Not later than 3 days before 
                issuing a letter of intent under paragraph (1), the 
                Secretary shall submit written notification to--
                          ``(i) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                          ``(ii) the Committee on Appropriations of the 
                        House of Representatives;
                          ``(iii) the Committee on Appropriations of 
                        the Senate; and
                          ``(iv) the Committee on Commerce, Science, 
                        and Transportation of the Senate.
                  ``(B) Contents.--The notification submitted under 
                subparagraph (A) shall include--
                          ``(i) a copy of the letter of intent;
                          ``(ii) the criteria used under subsection (d) 
                        for selecting the project for a grant; and
                          ``(iii) a description of how the project 
                        meets such criteria.
  ``(h) Appropriations Required.--An obligation or contingent 
commitment may be made under subsection (g) only after amounts are 
appropriated for such purpose.
  ``(i) Definitions.--In this section:
          ``(1) Eligible entity.--The term `eligible entity' means--
                  ``(A) a State;
                  ``(B) a public agency or publicly chartered 
                authority;
                  ``(C) a metropolitan planning organization;
                  ``(D) a political subdivision of a State; and
                  ``(E) a Tribal government.
          ``(2) Metropolitan planning organization.--The term 
        `metropolitan planning organization' has the meaning given such 
        term in section 134(b) of title 23.
          ``(3) State.--The term `State' means a State of the United 
        States or the District of Columbia.''.
  (b) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, as amended by this division, is further amended by 
adding at the end the following:

``22912. Highway-rail grade crossing separation grants.''.

SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT.

  Section 22907 of title 49, United States Code (as amended by this 
Act), is further amended by adding at the end the following new 
subsection:
  ``(o) Rail Safety Public Awareness Grants.--
          ``(1) Grant.--Of the amounts made available to carry out this 
        section, the Secretary shall make grants to nonprofit 
        organizations to carry out public information and education 
        programs to help prevent and reduce rail-related pedestrian, 
        motor vehicle, and other incidents, injuries, and fatalities, 
        and to improve awareness along railroad right-of-way and at 
        highway-rail grade crossings.
          ``(2) Selection.--Programs eligible for a grant under this 
        subsection--
                  ``(A) shall include, as appropriate--
                          ``(i) development, placement, and 
                        dissemination of public service announcements 
                        in appropriate media;
                          ``(ii) school presentations, driver and 
                        pedestrian safety education, materials, and 
                        public awareness campaigns; and
                          ``(iii) disseminating information to the 
                        public on how to identify and report to the 
                        appropriate authorities--
                                  ``(I) unsafe or malfunctioning 
                                highway-rail grade crossings and 
                                equipment; and
                                  ``(II) high-risk and unsafe behavior 
                                and trespassing around railroad right-
                                of-way; and
                  ``(B) may include targeted and sustained outreach in 
                communities at greatest risk to develop measures to 
                reduce such risk.
          ``(3) Coordination.--Eligible entities shall coordinate 
        program activities with local communities, law enforcement and 
        emergency responders, and railroad carriers, as appropriate, 
        and ensure consistency with State highway-rail grade crossing 
        action plans required under section 11401(b) of the FAST Act 
        (49 U.S.C. 22501 note) and the report titled `National Strategy 
        to Prevent Trespassing on Railroad Property' issued by the 
        Federal Railroad Administration in October 2018.
          ``(4) Prioritization.--In awarding grants under this 
        subsection, the Administrator shall give priority to 
        applications for programs that--
                  ``(A) are nationally recognized;
                  ``(B) are targeted at schools in close proximity to 
                railroad right-of-way;
                  ``(C) partner with nearby railroad carriers; or
                  ``(D) focus on communities with a recorded history of 
                repeated pedestrian and motor vehicle accidents, 
                incidents, injuries, and fatalities at highway-rail 
                grade crossings and along railroad right-of-way.
          ``(5) Applicability.--Section 22905 shall not apply to 
        contracts and agreements made under this subsection.''.

SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC 
                    HIGHWAY-RAIL GRADE CROSSINGS.

  (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:

``Sec. 20173. Time limit for blocking public highway-rail grade 
                    crossing

  ``(a) Time Limit.--A railroad carrier may not cause a blocked 
crossing incident that is longer than 10 minutes in duration, unless 
the blocked crossing incident is caused by--
          ``(1) a casualty or serious injury;
          ``(2) an accident;
          ``(3) a track obstruction;
          ``(4) actions necessary to comply with Federal rail safety 
        laws, regulations, or orders issued thereunder unless the 
        action to comply could reasonably occur at a different time or 
        location;
          ``(5) actions necessary to adhere to section 24308;
          ``(6) a train fully contained within rail yard limits or 
        fully contained in a rail siding;
          ``(7) an act of God; or
          ``(8) a derailment or a safety appliance equipment failure 
        that prevents the train from advancing.
  ``(b) Investigation of Frequently Blocked Crossings.--For any public 
highway-rail grade crossing that has had 3 or more blocked crossing 
incidents that exceed the time limit set forth in subsection (a) and 
are reported to the blocked crossing database, and such incidents have 
occurred on at least 3 calendar days within a 30-day period, the 
Secretary shall--
          ``(1) provide an electronic notice of the number of reported 
        blocked crossing incidents to the railroad carrier that owns 
        the public highway-rail grade crossing;
          ``(2) investigate the causes of the blocked crossing 
        incidents; and
          ``(3) investigate possible measures to reduce the frequency 
        and duration of blocked crossing incidents at such grade 
        crossing.
  ``(c) Recordkeeping.--
          ``(1) In general.--A railroad carrier shall, upon receiving a 
        notice under subsection (b), maintain train location data 
        records for the public highway-rail grade crossing that was the 
        subject of the notice.
          ``(2) Contents of records.--The train location data records 
        required under paragraph (1) shall include--
                  ``(A) a list of all blocked crossing incidents at the 
                public highway-rail grade crossing that is the subject 
                of the report exceeding 10 minutes;
                  ``(B) the cause of the blocked crossing incident (to 
                the extent available);
                  ``(C) train length; and
                  ``(D) the estimated duration of each blocked crossing 
                incident.
          ``(3) Consultation.--Beginning on the date on which a 
        railroad carrier receives a notice under subsection (b), the 
        Secretary may consult with the carrier for a period of 60 days 
        to address concerns with blocked crossing incidents at the 
        public highway-rail grade crossing that is the subject of the 
        notice.
          ``(4) Expiration of data collection.--The requirement to 
        maintain records under paragraph (1) shall cease with respect 
        to a public highway-rail grade crossing noticed under 
        subsection (b)(2) if there are no reports submitted to the 
        blocked crossing database for blocked crossing incidents 
        reported to occur at such grade crossing during the previous 
        365 consecutive calendar days.
  ``(d) Civil Penalties.--
          ``(1) In general.--The Secretary may issue civil penalties in 
        accordance with section 21301 to railroad carriers for 
        violations of subsection (a) occurring 60 days after the date 
        of submission of a notice under subsection (b).
          ``(2) Release of records.--Upon the request of, and under 
        requirements set by, the Secretary, railroad carriers shall 
        provide the records maintained pursuant to subsection (c)(1) to 
        the Administrator of the Federal Railroad Administration.
          ``(3) Alternate route exemption.--Civil penalties may not be 
        issued for violations of subsection (a) that occur at a public 
        highway-rail grade crossing if an alternate route created by a 
        public highway-rail grade separation exists within a half mile 
        by road mileage of such public highway-rail grade crossing.
          ``(4) Grade separation project.--Civil penalties may not be 
        issued for violations of subsection (a) if the violation occurs 
        at a public highway-rail grade crossing for which there is a 
        proposed grade separation project--
                  ``(A) that has received written agreement from the 
                relevant local authorities; and
                  ``(B) for which railroad carrier and project funding 
                from all parties has been budgeted.
          ``(5) Considerations.--In determining civil penalties under 
        this section, the Secretary shall consider increased penalties 
        in a case in which a pattern of the blocked crossing incidents 
        continue to cause delays to State or local emergency services.
  ``(e) Application to Amtrak and Commuter Railroads.--This section 
shall not apply to Amtrak or commuter authorities, including Amtrak and 
commuter authorities' operations run or dispatched by a Class I 
railroad.
  ``(f) Definitions.--In this section:
          ``(1) Blocked crossing database.--The term `blocked crossing 
        database' means the national blocked crossing database 
        established under section 20174.
          ``(2) Blocked crossing incident.--The term `blocked crossing 
        incident' means a circumstance in which a train, locomotive, 
        rail car, or other rail equipment is stopped in a manner that 
        obstructs travel at a public highway-rail grade crossing.
          ``(3) Public highway-rail grade crossing.--The term `public 
        highway-rail grade crossing' means a location within a State in 
        which a public highway, road, or street, including associated 
        sidewalks and pathways, crosses 1 or more railroad tracks at 
        grade.''.
  (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is further amended by adding at 
the end the following new item:

``20173. Time limit for blocking public highway-rail grade crossing.''.

SEC. 9554. NATIONAL BLOCKED CROSSING DATABASE.

  (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:

``Sec. 20174. National blocked crossing database

  ``(a) Database.--Not later than 45 days after the date of enactment 
of the TRAIN Act, the Secretary of Transportation shall establish a 
national blocked crossings database for the public to report blocked 
crossing incidents.
  ``(b) Public Awareness.--Not later than 60 days after the date of 
enactment of the TRAIN Act, the Secretary shall require each railroad 
carrier to publish the active link to report blocked crossing incidents 
on the website of the national blocked crossings database described in 
subsection (a) on the home page of the publicly-available website of 
the railroad carrier.
  ``(c) Blocked Crossing Incident; Public Highway-rail Grade 
Crossing.--In this section, the terms `blocked crossing incident' and 
`public highway-rail grade crossing' have the meanings given the terms 
in section 20173.''.
  (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is further amended by adding at 
the end the following new item:

``20174. National blocked crossing database.''.

SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING MATTERS.

  Section 20152 of title 49, United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (C) by striking ``or'' at 
                        the end;
                          (ii) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                          (iii) by inserting the following after 
                        subparagraph (C):
                  ``(D) blocked crossing incident, as defined in 
                section 20173; or'';
                  (B) in paragraph (4)--
                          (i) by striking ``paragraph (1)(C) or (D)'' 
                        and inserting ``subparagraph (C), (D), or (E) 
                        of paragraph (1)''; and
                          (ii) by striking ``and'' at the end;
                  (C) in paragraph (5) by striking the period at the 
                end and inserting a semicolon ; and
                  (D) by adding at the end the following:
          ``(6) upon receiving a report of a blocked crossing pursuant 
        to paragraph (1)(D), the railroad carrier shall, within 14 days 
        of receipt of the report--
                  ``(A) verify that the public highway-rail grade 
                crossing, as defined in section 20173, was blocked for 
                a period of at least 10 minutes; and
                  ``(B) upon positive verification of the report, enter 
                the report into the national blocked crossings database 
                established in section 20174; and
          ``(7) promptly inform the Secretary of any update to the 
        number maintained under paragraph (1).''; and
          (2) by adding at the end the following:
  ``(c) Publication of Telephone Numbers.--The Secretary shall make any 
telephone number established under subsection (a) publicly available on 
the website of the Department of Transportation.''.

SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of Transportation shall expend such sums as 
are necessary to conduct a comprehensive review of the national 
highway-rail crossing inventory of the Department of Transportation 
established under section 20160 of title 49, United States Code.
  (b) Contents.--In conducting the review required under subsection 
(a), the Secretary shall--
          (1) verify the accuracy of the geographical location data 
        contained in the inventory described in subsection (a) using 
        mapping technologies and other methods; and
          (2) notify the relevant railroad and State agencies of the 
        erroneous data in the inventory and require such entities to 
        correct the erroneous data within 30 days of notification.
  (c) State Reports.--The Secretary shall require State agencies to 
ensure that any geographic data contained in the inventory described in 
subsection (a) remains consistent with any geographic data identified 
in biennial State reports required under section 130 of title 23, 
United States Code.
  (d) Report.--Not later than 120 days after the completion of the 
review required under subsection (a), the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report summarizing the corrections made 
to the inventory described in subsection (a) and the Secretary's plans 
to ensure continued accuracy of such inventory.

SEC. 9557. RAILROAD TRESPASSING ENFORCEMENT GRANTS.

  Section 22907 of title 49, United States Code, is further amended by 
adding at the end the following:
  ``(p) Railroad Trespassing Enforcement Grants.--
          ``(1) In general.--Of the amounts made available under this 
        section, the Secretary may make grants to public law 
        enforcement agencies engaged in, or seeking to engage in, 
        suicide prevention efforts along railroad right-of-way to pay 
        wages of law enforcement personnel to patrol railroad right-of-
        way located in communities at risk for rail trespassing 
        incidents and fatalities.
          ``(2) Prioritization.--In awarding grants under this 
        subsection, the Administrator shall give priority to 
        applications from entities that have jurisdiction within the 
        boundaries of the 10 States with the highest incidence of rail 
        trespass related casualties as reported in the previous fiscal 
        year, as reported by the National Rail Accident Incident 
        Reporting System.
          ``(3) Limitation.--The Secretary shall not award more than 3 
        annual grants under this subsection to the same entity.''.

SEC. 9558. RAILROAD TRESPASSING SUICIDE PREVENTION GRANTS.

  Section 22907 of title 49, United States Code, is further amended by 
adding at the end the following:
  ``(q) Railroad Trespassing Suicide Grants.--
          ``(1) In general.--Of the amounts made available to carry out 
        this section, the Secretary may make grants to eligible 
        entities to implement a public outreach campaign to reduce the 
        number of railroad suicides.
          ``(2) Eligible entity.--In this subsection, the term 
        `eligible entity' means a nonprofit mental health organization 
        engaged in, or seeking to engage in, suicide prevention efforts 
        along railroad right-of-way in partnership with a railroad 
        carrier, as defined in section 20102.''.

SEC. 9559. INCLUDING RAILROAD SUICIDES.

  (a) In General.--Not less than 180 days after the enactment of this 
Act, the Secretary of Transportation shall revise any regulations, 
guidance, or other relevant agency documents to include the number of 
suicides on a railroad crossing or railroad right-of-way in the total 
number of rail fatalities the Secretary reports each year.
  (b) Authority of the Secretary.--In carrying out subsection (a), the 
Secretary may require Federal, State, and local agencies, railroads, or 
other entities to submit such data as necessary.
  (c) Applicability of Rulemaking Requirements.--The requirements of 
section 553 of title 5, United States Code, shall not apply to the 
modification required by subsection (a).

SEC. 9560. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.

  Not later than 180 days after the date of enactment of this Act, the 
Administrator of the Federal Railroad Administration shall--
          (1) submit to Congress a report on any supplementary safety 
        measures and alternative safety measures not contained in part 
        222 of title 49, Code of Federal Regulations, that can be used 
        to qualify for a Quiet Zone or Partial Quiet Zone; and
          (2) include in the report submitted under paragraph (1)--
                  (A) a summary of the supplementary safety measures 
                and alternative safety measures for which a public 
                authority has requested approval from the Administrator 
                to implement; and
                  (B) an explanation for why such requests were not 
                granted.

                        TITLE VI--MISCELLANEOUS

SEC. 9601. RAIL NETWORK CLIMATE CHANGE VULNERABILITY ASSESSMENT.

  (a) In General.--The Secretary of Transportation shall seek to enter 
into an agreement with the National Academies to conduct an assessment 
of the potential impacts of climate change on the national rail 
network.
  (b) Assessment.--At a minimum, the assessment conducted pursuant to 
subsection (a) shall--
          (1) cover the entire freight, commuter, and intercity 
        passenger rail network of the United States;
          (2) evaluate risk to the network over 5-, 30-, and 50-year 
        outlooks;
          (3) examine and describe potential effects of climate change 
        and extreme weather events on passenger and freight rail 
        infrastructure, trackage, and facilities, including facilities 
        owned by rail shippers;
          (4) identify and categorize the assets described in paragraph 
        (3) by vulnerability level and geographic area; and
          (5) recommend strategies or measures to mitigate any adverse 
        impacts of climate change, including--
                  (A) emergency preparedness measures;
                  (B) resiliency best practices for infrastructure 
                planning; and
                  (C) coordination with State and local authorities.
  (c) Report.--Not later than 18 months after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report containing 
the findings of the assessment conducted pursuant to subsection (a).
  (d) Further Coordination.--The Secretary shall make the report 
publicly available on the website of the Department of Transportation 
and communicate the results of the assessment with stakeholders.
  (e) Regulatory Authority.--If the Secretary finds in the report 
required under subsection (c) that regulatory measures are warranted 
and such measures are otherwise under the existing authority of the 
Secretary, the Secretary may issue such regulations as are necessary to 
implement such measures.
  (f) Funding.--From the amounts made available for fiscal year 2022 
under section 20117(b) of title 49, United States Code, the Secretary 
shall expend not less than $1,500,000 to carry out the study required 
under subparagraph (a).

SEC. 9602. ADVANCE ACQUISITION.

  (a) In General.--Chapter 242 of title 49, United States Code, is 
amended by inserting the following after section 24202:

``SEC. 24203. ADVANCE ACQUISITION.

  ``(a) Rail Corridor Preservation.--The Secretary of Transportation 
may assist a recipient of Federal financial assistance provided by the 
Secretary for an intercity passenger rail project in acquiring a right-
of-way and adjacent real property interests before or during the 
completion of the environmental reviews for a project that may use such 
property interests if the acquisition is otherwise permitted under 
Federal law.
  ``(b) Certification.--Before authorizing advance acquisition under 
this section, the Secretary shall verify that--
          ``(1) the recipient has authority to acquire the real 
        property interest; and
          ``(2) the acquisition of the real property interest--
                  ``(A) is for a transportation purpose;
                  ``(B) will not cause significant adverse 
                environmental impact;
                  ``(C) will not limit the choice of reasonable 
                alternatives for the proposed project or otherwise 
                influence the decision of the Secretary on any approval 
                required for the project;
                  ``(D) does not prevent the lead agency from making an 
                impartial decision as to whether to accept an 
                alternative that is being considered;
                  ``(E) complies with other applicable Federal laws and 
                regulations; and
                  ``(F) will not result in elimination or reduction of 
                benefits or assistance to a displaced person required 
                by the Uniform Relocation Assistance and Real Property 
                Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
                seq.) and title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.).
  ``(c) Environmental Reviews.--
          ``(1) Completion of nepa review.--Before reimbursing or 
        approving the expenditure of Federal funding for an acquisition 
        of a real property interest, the Secretary shall complete all 
        review processes otherwise required under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
        section 4(f) of the Department of Transportation Act of 1966 
        (49 U.S.C. 303), and section 106 of the National Historic 
        Preservation Act (16 U.S.C. 470f) with respect to the 
        acquisition.
          ``(2) Timing of development acquisition.--A real property 
        interest acquired under subsection (a) may not be developed in 
        anticipation of the proposed project until all required 
        environmental reviews for the project have been completed.
  ``(d) Inclusion in Non-Federal Share of Project Costs.--Non-Federal 
funds used to acquire right-of-way and adjacent real property interests 
under this section before or during the environmental review, or before 
the award of a grant by the Secretary, shall be included in determining 
the non-Federal share of the costs of the underlying intercity 
passenger rail project.
  ``(e) Savings Clause.--The advance acquisition process described in 
this section--
          ``(1) is in addition to processes in effect on or before the 
        date of enactment of the TRAIN Act; and
          ``(2) does not affect--
                  ``(A) any right of the recipient described in 
                subsection (a) to acquire property; or
                  ``(B) any other environmental review process, 
                program, agreement, or funding arrangement related to 
                the acquisition of real property, in effect on the date 
                of enactment of the TRAIN Act.''.
  (b) Clerical Amendment.--The analysis for chapter 242 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 24202 the following new item:

``Sec. 24203. Advance acquisition.''.

SEC. 9603. UNIVERSITY RAIL CLIMATE INNOVATION INSTITUTE.

  (a) In General.--Chapter 229 of title 49, United States Code, is 
further amended by adding at the end the following:

``Sec. 22913. University Rail Climate Innovation Institute

  ``(a) Establishment.--The Secretary of Transportation may make a 
grant to an institution of higher education to establish a University 
Rail Climate Innovation Institute (in this section referred to as the 
`Institute') for the research and development of low- and zero-emission 
rail technologies. Such grant agreement shall not exceed 5 years.
  ``(b) Eligible Applicants.--To be eligible for a grant under the 
subsection (a), an institution of higher education shall--
          ``(1) have an active research program to study the 
        development of low- and zero-emission rail technologies or be 
        able to demonstrate sufficient expertise in relevant rail 
        research and development;
          ``(2) enter into a cost-sharing agreement for purposes of the 
        Institute with a railroad or rail supplier; and
          ``(3) submit to the Secretary an application in such form, at 
        such time, and containing such information as the Secretary may 
        require.
  ``(c) Eligible Projects.--A recipient of this grant under this 
section may carry out the research, design, development, and 
demonstration of 1 or more of the following:
          ``(1) Hydrogen-powered locomotives and associated locomotive 
        technologies.
          ``(2) Battery-powered locomotives and associated locomotive 
        technologies.
          ``(3) Deployment of a revenue service testing and 
        demonstration program to accelerate commercial adoption of low- 
        or zero-emission locomotives.
          ``(4) Development or deployment of an operating prototype 
        low- or zero-emission locomotive.
          ``(5) Rail technologies that significantly reduce greenhouse 
        gas emissions, as determined appropriate by the Secretary.
  ``(d) Buy America Applicability.--For purposes of subsection (c)(4), 
the recipient shall be in compliance with section 22905(a).
  ``(e) Funding Requirement.--The Federal share of the total cost of 
the Institute shall not exceed 50 percent.
  ``(f) Considerations.--In selecting an applicant to receive funding 
to establish the Institute, the Secretary shall consider--
          ``(1) the extent to which the proposed activities maximize 
        greenhouse gas reductions;
          ``(2) the potential of the proposed activities to increase 
        the use of low- and zero- emission rail technologies among the 
        United States freight and passenger rail industry; and
          ``(3) the anticipated public benefits of the proposed 
        activities.
  ``(g) Consideration of HBCUs.--In selecting an institution of higher 
education for a grant award under this section, the Secretary shall 
consider historically black colleges and universities, as such term is 
defined in section 371(a)of the Higher Education Act of 1965 (2010 
U.S.C. 1067q), and other minority institutions, as such term is defined 
by section 365 of such Act (20 U.S.C. 1067k).
  ``(h) Notification.--
          ``(1) Notice.--Not less than 3 days before an applicant has 
        been selected, the Secretary shall notify the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate of the intention to award such a 
        grant.
          ``(2) Report.--The Institute shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, the Committee on Commerce, Science, and 
        Transportation of the Senate, and the Secretary an annual 
        report summarizing the activities undertaken by the Institute 
        on low- and zero-emission rail technologies.
  ``(i) Institution of Higher Education Defined.--In this section, the 
term `institution of higher education' has the meaning given such term 
in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''.
  (b) Clerical Amendment.--The analysis for chapter 229 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``22913. University Rail Climate Innovation Institute.''.

SEC. 9604. WORKFORCE DIVERSITY AND DEVELOPMENT.

  (a) In General.--The Secretary of Transportation shall carry out at 
least one workforce development pilot program with a railroad carrier.
  (b) Types of Pilot Programs.--A workforce development pilot program 
described in subsection (a) may be in the form of--
          (1) an outreach program to increase employment opportunities 
        for socially disadvantaged individuals;
          (2) the development of a partnership with high schools, 
        vocational schools, community colleges, or secondary education 
        institutions to address future workforce needs; and
          (3) an apprenticeship program to train railroad employees in 
        needed skills.
  (c) Apprenticeship.--In carrying out a workforce development pilot 
program described in subsection (b)(3), the Secretary shall partner 
with a railroad carrier providing intercity rail passenger 
transportation.
  (d) Report to Congress.--For a workforce development pilot program 
carried out under this section, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that describes--
          (1) the activities carried out under the pilot program;
          (2) the diversity of individuals participating in the pilot 
        program;
          (3) an evaluation of the pilot program;
          (4) employment outcomes, including job placement, job 
        retention, and wages, using performance metrics established by 
        the Secretary of Transportation, in consultation with the 
        Secretary of Labor, and consistent with performance indicators 
        used by programs under the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3101 et seq.), as applicable; and
          (5) any recommendations for increasing diversity in the 
        railroad workforce, addressing future workforce needs, or 
        enhancing workforce skills.
  (e) Definition.--In this section:
          (1) Intercity rail passenger transportation.--The term 
        ``intercity rail passenger transportation'' has the meaning 
        given such term in section 24102 of title 49, United States 
        Code.
          (2) Railroad carrier.--The term ``railroad carrier'' has the 
        meaning given such term in section 20102 of title 49, United 
        States Code.
          (3) Socially disadvantaged individuals.--The term ``socially 
        disadvantaged individuals'' has the meaning given the term 
        ``socially and economically disadvantaged individuals'' in 
        section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
  (f) Funding.--From the amounts made available under section 20117(b) 
of title 49, United States Code, the Secretary may expend up to 
$1,300,000 for fiscal year 2022 and $1,300,000 for 2023 to carry out 
this section.

SEC. 9605. REQUIREMENTS FOR RAILROAD FREIGHT CARS ENTERING SERVICE IN 
                    UNITED STATES.

  (a) In General.--Chapter 207 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 20704. Requirements for railroad freight cars entering service 
                    in United States

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Component.--The term `component' means a part or 
        subassembly of a railroad freight car.
          ``(2) Control.--The term `control' means the power, whether 
        direct or indirect and whether or not exercised, through the 
        ownership of a majority or a dominant minority of the total 
        outstanding voting interest in an entity, representation on the 
        board of directors of an entity, proxy voting on the board of 
        directors of an entity, a special share in the entity, a 
        contractual arrangement with the entity, a formal or informal 
        arrangement to act in concert with an entity, or any other 
        means, to determine, direct, make decisions, or cause decisions 
        to be made for the entity.
          ``(3) Cost of sensitive technology.--The term `cost of 
        sensitive technology' means the aggregate cost of the sensitive 
        technology located on a railroad freight car.
          ``(4) Country of concern.--The term `country of concern' 
        means a country that--
                  ``(A) is identified by the Department of Commerce as 
                a nonmarket economy country (as defined in section 
                771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) 
                as of the date of enactment of the TRAIN Act;
                  ``(B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a foreign country included on the priority watch 
                list defined in subsection (g)(3) of that section; and
                  ``(C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C.2416).
          ``(5) Net cost.--The term `net cost' has the meaning given 
        the term in chapter 4 of the USMCA or any subsequent free trade 
        agreement between the United States, Mexico, and Canada.
          ``(6) Qualified facility.--The term `qualified facility' 
        means a facility that is not owned or under the control of a 
        state-owned enterprise.
          ``(7) Qualified manufacturer.--The term `qualified 
        manufacturer' means a railroad freight car manufacturer that is 
        not owned or under the control of a state-owned enterprise.
          ``(8) Railroad freight car.--The term `railroad freight car' 
        means a car designed to carry freight or railroad personnel by 
        rail, including--
                  ``(A) box car;
                  ``(B) refrigerator car;
                  ``(C) ventilator car;
                  ``(D) intermodal well car;
                  ``(E) gondola car;
                  ``(F) hopper car;
                  ``(G) auto rack car;
                  ``(H) flat car;
                  ``(I) special car;
                  ``(J) caboose car;
                  ``(K) tank car; and
                  ``(L) yard car.
          ``(9) Sensitive technology.--The term `sensitive technology' 
        means any device embedded with electronics, software, sensors, 
        or other connectivity, that enables the device to connect to, 
        collect data from, or exchange data with another device, 
        including--
                  ``(A) onboard telematics;
                  ``(B) remote monitoring software;
                  ``(C) firmware;
                  ``(D) analytics;
                  ``(E) GPS satellite and cellular location tracking 
                systems;
                  ``(F) event status sensors;
                  ``(G) predictive component condition and performance 
                monitoring sensors; and
                  ``(H) similar sensitive technologies embedded into 
                freight railcar components and subassemblies.
          ``(10) State-owned enterprise.--The term `state-owned 
        enterprise' means--
                  ``(A) an entity that is owned by, or under the 
                control of, a national, provincial, or local government 
                of a country of concern, or an agency of such 
                government; or
                  ``(B) an individual acting under the direction or 
                influence of a government or agency described in 
                subparagraph (A).
          ``(11) Substantially transformed.--The term `substantially 
        transformed' means a component of a railroad freight car that 
        undergoes an applicable change in tariff classification as a 
        result of the manufacturing process, as described in chapter 4 
        and related Annexes of the USMCA or any subsequent free trade 
        agreement between the United States, Mexico, and Canada.
          ``(12) USMCA.--The term `USMCA' has the meaning given the 
        term in section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act (19 U.S.C. 4502).
  ``(b) Requirements for Railroad Freight Cars Entering Service in the 
United States.--
          ``(1) Limitation on railroad freight cars.--A railroad 
        freight car wholly manufactured on or after the date that is 1 
        year after the date of enactment of the TRAIN Act, may only 
        operate on the United States freight railroad interchange 
        system if--
                  ``(A) the railroad freight car is manufactured, 
                assembled, and substantially transformed, as 
                applicable, by a qualified manufacturer in a qualified 
                facility;
                  ``(B) none of the sensitive technology located on the 
                railroad freight car, including components necessary to 
                the functionality of the sensitive technology, 
                originates from a country of concern or is sourced from 
                state-owned enterprise; and
                  ``(C) none of the content of the railroad freight 
                car, excluding sensitive technology, originates from a 
                country of concern or is sourced from a state-owned 
                enterprise that has been determined by a recognized 
                court or administrative agency of competent 
                jurisdiction and legal authority to have violated or 
                infringed valid United States intellectual property 
                rights of another including such a finding by a Federal 
                district court under title 35 or the U.S. International 
                Trade Commission under section 337 of the Tariff Act of 
                1930 (19 U.S.C. 1337).
          ``(2) Limitation on railroad freight car content.--
                  ``(A) Percentage limitation.--Not later than 12 
                months after the date of enactment of the TRAIN Act, a 
                railroad freight car manufactured may operate on the 
                United States freight railroad interchange system only 
                if--
                          ``(i) not more than 20 percent of the content 
                        of the railroad freight car, calculated by the 
                        net cost of all components of the car and 
                        excluding the cost of sensitive technology, 
                        originates from a country of concern or is 
                        sourced from a state-owned enterprise; and
                          ``(ii) not later than 24 months after the 
                        date of enactment of the TRAIN Act, the 
                        percentage described in clause (i) shall be no 
                        more than 15 percent
                  ``(B) Conflict.--The percentages specified in this 
                paragraph apply notwithstanding any apparent conflict 
                with provisions of chapter 4 of the USMCA.
  ``(c) Regulations and Penalties.--
          ``(1) Regulations required.--Not later than 1 year after the 
        date of enactment of the TRAIN Act, the Secretary of 
        Transportation shall issue such regulations as are necessary to 
        carry out this section, including for the monitoring, 
        enforcement, and sensitive technology requirements of this 
        section.
          ``(2) Certification required.--To be eligible to provide a 
        railroad freight car for operation on the United States freight 
        railroad interchange system, the manufacturer of such car shall 
        certify to the Secretary annually that any railroad freight 
        cars to be so provided meet the requirements of this section.
          ``(3) Compliance.--
                  ``(A) Valid certification required.--At the time a 
                railroad freight car begins operation on the United 
                States freight railroad interchange system, the 
                manufacturer of such railroad freight car shall have 
                valid certification describe under paragraph (2) for 
                the year in which such car begins operation.
                  ``(B) Registration of noncompliant cars prohibited.--
                A railroad freight car manufacturer may not register, 
                or cause to be registered, a railroad freight car that 
                does not comply with the requirements of this section 
                in the Association of American Railroad's Umler system.
          ``(4) Civil penalties.--
                  ``(A) In general.--A railroad freight car 
                manufacturer that has manufactured a railroad freight 
                car for operation on the United States freight railroad 
                interchange system that the Secretary of Transportation 
                determines, after written notice and an opportunity for 
                a hearing, has violated this section is liable to the 
                United States Government for a civil penalty of at 
                least $100,000 but not more than $250,000 for each 
                violation for each railroad freight car.
                  ``(B) Prohibition for violations.--The Secretary of 
                Transportation may prohibit a railroad freight car 
                manufacturer with respect to which the Secretary has 
                assessed more than 3 violations under subparagraph (A) 
                from providing additional railroad freight cars for 
                operation on the United States freight railroad 
                interchange system until the Secretary determines--
                          ``(i) such manufacturer is in compliance with 
                        this section; and
                          ``(ii) all civil penalties assessed to such 
                        manufacturer under subparagraph (A) have been 
                        paid in full.''.
  (b) Clerical Amendment.--The analysis for chapter 207 of title 49, 
United States Code, is amended by adding at the end the following:

``20704. Requirements for railroad freight cars entering service in 
United States.''.

SEC. 9606. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.

  Section 20108 of title 49, United States Code, is amended by adding 
at the end the following:
  ``(d) Rail Research and Development Center of Excellence.--
          ``(1) Center of excellence.--The Secretary may provide a 
        grant to an entity described in paragraph (2) to establish a 
        Center of Excellence to advance research and development that 
        improves the safety, efficiency, and reliability of passenger 
        and freight rail transportation.
          ``(2) Eligibility.--An institution of higher education (as 
        defined in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1002)) or a consortium of nonprofit institutions of 
        higher education shall be eligible to receive a grant under 
        this subsection.
          ``(3) Selection criteria.--In awarding a grant under this 
        subsection, the Secretary may--
                  ``(A) give preference to an applicant with strong 
                past performance related to rail research, education, 
                and workforce development activities;
                  ``(B) consider the extent to which the applicant 
                would involve public passenger and private and public 
                freight railroad operators; and
                  ``(C) consider the regional and national impacts of 
                the applicant's proposal.
          ``(4) Use of funds.--Amounts awarded under this subsection 
        may be used to establish and operate the Center of Excellence 
        described in paragraph (1) and for research, evaluation, 
        education, and workforce development and training efforts 
        related to safety, environmental sustainability, and 
        reliability of rail transportation, including--
                  ``(A) rolling stock;
                  ``(B) positive train control;
                  ``(C) human factors, systems design, or fatigue;
                  ``(D) rail infrastructure;
                  ``(E) shared corridors;
                  ``(F) grade crossings;
                  ``(G) rail systems maintenance;
                  ``(H) network resiliency;
                  ``(I) programs to train railroad workers in needed 
                skills; and
                  ``(J) the development of programs or partnerships to 
                raise awareness of railroad employment opportunities, 
                in coordination with the Federal Railroad 
                Administration.
          ``(5) Federal share.--The Federal share of the cost of an 
        activity carried out with a grant under this subsection shall 
        be 50 percent.''.

SEC. 9607. FREIGHT RAILROAD LOCOMOTIVE REQUIREMENTS.

  (a) Requirements for Class I Locomotives.--A Class I railroad may 
only operate a locomotive on the freight railroad interchange system on 
or after January 1, 2030, if--
          (1) the locomotive was manufactured on or after January 1, 
        2008;
          (2) the primary NOx and PM emissions on the 
        Environmental Protection Agency certificate of conformity for 
        the locomotive are equal to or cleaner than the cleanest 
        available locomotive; or
          (3) the locomotive has not exceeded a total of 89,100 MWhs of 
        operation since its original engine build date.
  (b) Certification Required.--To be eligible to own or operate a 
locomotive covered by subsection (a) on the United States freight 
railroad interchange system on or after January 1, 2030, a Class I 
railroad shall certify to the Secretary of Transportation that such 
locomotive meets the requirements of this section.
  (c) Effectuation.--The Secretary is authorized to issue such 
regulations as are necessary to carry out this section.
  (d) Definitions.--In this section:
          (1) Certificate of conformity.--The term ``certificate of 
        conformity'' means the document that the Environmental 
        Protection Agency issues to an engine manufacturer to certify 
        that an engine class conforms to Environmental Protection 
        Agency requirements.
          (2) Cleanest available locomotive.--The term ``cleanest 
        available locomotive'' means the strictest standard set by the 
        Environmental Protection Agency for the applicable locomotive 
        under section 213 of the Clean Air Act (42 U.S.C. 7547).

                          Purpose and Summary

    The purpose of H.R. 3684, as amended, is to reauthorize 
Federal-aid highway, transit, highway safety, motor carrier, 
research, multi-modal, hazardous materials, and rail programs 
through fiscal year 2026.

                  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, 
2021. This legislation extends program authorizations for 5 
years through Fiscal Year 2026.
    The INVEST in America Act authorizes $547 billion over 5 
years to make transformative infrastructure investments in 
surface and rail transportation. The bill provides $429 billion 
over 5 years out of the Highway Trust Fund (HTF) for highway, 
transit, safety, and research programs, a 54 percent increase 
over current investment levels. The bill further provides $333 
billion for the Federal-aid highway program under the Federal 
Highway Administration, $109 billion for transit programs under 
the Federal Transit Administration, $5.4 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 $95 
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 allocation.
    The Committee also gathered information to support the 
reauthorization of U.S. DOT's Disadvantaged Business Enterprise 
(DBE) program, including a large number of disparity studies.
    ``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, sup-plier pricing, treatment by prime 
contractors, and even in the ability to start a business in the 
first place.
    The Committee has collected recent studies dealing with 
discrimination in 31 states and the District of Columbia. A 
sampling of the relevant studies includes: Alaska Department of 
Transportation & Public Facilities Disadvantaged Business 
Enterprise Study, Final Report & Final Appendices, Prepared by 
the Alaska Department of Transportation & Public Facilities 
Civil Rights Office (2020); Arizona Department of 
Transportation Disparity Study, Final Report, Prepared by Keen 
Independent Research (2020); Caltrans Disparity Study, Prepared 
by BBC Research and Consulting for Caltrans Department of 
Transportation (2016); City of Oakland 2017 Race and Gender 
Disparity Study, Prepared by Mason Tillman Associates, Ltd. 
(2020); LA Metro 2017 Disparity Study, Prepared by BBC Research 
& Consulting for the Los Angeles County Metropolitan 
Transportation Authority (2018); Colorado Disparity Study, 
Final Report, Prepared by Keen Independent Research (2020); 
Connecticut Disparity Study: Phases 1-3, Prepared by The 
Connecticut Academy of Science and Engineering for the 
Connecticut General Assembly and the Government Administration 
and Elections Commission (2013, 2014, 2016); District of 
Columbia Department of Small and Local Business Development 
Comparative Analysis: Minority and Women-Owned Business 
Assessment, Prepared by CRP, Inc. (2019); Minority, Women, and 
Small Business Enterprise Disparity Study for the City of 
Tallahassee, Leon County, Florida and Blueprint 
Intergovernmental Agency, Prepared by MGT Consulting Group 
(2019); Georgia Department of Transportation Disparity Study, 
Prepared by Griffin & Strong, P.C. for the State of Georgia 
(2016); Hawaii Department of Transportation 2019 Availability 
and Disparity Study, Prepared by Keen Independent Research 
(2020); Idaho Transportation Department Disparity Study, 
Prepared by BBC Research & Consulting (2017); Chicago Transit 
Authority Disparity Study, Prepared by Colette Holt & 
Associates (2019).
    Illinois Department of Transportation Disparity Study, 
Prepared by BBC Research & Consulting (2017); City of 
Indianapolis and Marion County Disparity Study, BBC Research & 
Consulting (2019); State of Indiana Disparity Study, Prepared 
by BBC Research & Consulting for the Indiana Department of 
Administration (2020); City of Kansas City, Missouri Disparity 
Study, Prepared by Colette Holt & Associates (2016); Louisville 
& Jefferson County Metropolitan Sewer District Disparity Study, 
Prepared by Mason Tillman Associates, Ltd. (2018); City of New 
Orleans Disparity Study, Prepared by Keen Independent Research 
(2018); Disadvantaged Business Enterprise Disparity Study: 
Volumes I-II, Prepared by NERA Economic Consulting for the 
Maryland Department of Transportation (2018); Business 
Disparities in the DCAMM Construction and Design Market Area, 
Prepared by NERA Economic Consulting for the Commonwealth of 
Massachusetts Division of Capital Asset Management and 
Maintenance (2017); 2017 Minnesota Joint Disparity Study 
Minnesota Department of Transportation, Prepared by Keen 
Independent Research (2018); Missouri Department of 
Transportation DBE Availability Study, Prepared by Keen 
Independent Research (2019); Availability and Disparity Study, 
Prepared by Keen Independent Research LLC for the State of 
Montana Department of Transportation; Nevada Transportation 
Consortium Disparity Study, Prepared by BBC Research & 
Consulting for the Regional Transportation Commission of 
Southern Nevada (2017); NJ Transit Disparity Study, Executive 
Summary & Appendix, Prepared by The Roy Wilkins Center for 
Human Relations and Social Justice, Hubert H. Humphrey School 
of Public Affairs, University of Minnesota (2016); State of New 
York MWBE Disparity Study, Volumes I & II, Prepared by Mason 
Tillman Associates, Ltd. (2016); State of North Carolina 
Department of Administration, Disparity Study Report: Volume 1, 
State Agencies, Prepared by Griffin & Strong, P.C. (2020); 
Cuyahoga County Disparity Study Report, Prepared by Griffin & 
Strong P.C. (2020); 2015-16 Ohio Public Authorities Disparity 
Study, prepared by BBC Research & Consulting for the Ohio 
Department of Transportation (2016); Oregon Department of 
Transportation DBE Disparity Study Update, Prepared by Keen 
Independent Research LLC (2019); Pennsylvania Department of 
Transportation Disparity Study, Prepared by BBC Research & 
Consulting (2018); Metro Nashville, Tennessee Disparity Study, 
Prepared by Griffin & Strong P.C. (2018); Shelby County 
Disparity Study, Prepared by Mason Tillman Associates, Ltd. 
(2016); Texas Department of Transportation Disparity Study, 
Prepared by Colette Holt & Associates (2019); Commonwealth of 
Virginia Disparity Study, Prepared by BBC Research & Consulting 
(2020); City of Tacoma Disparity Study, Prepared by Griffin & 
Strong P.C. (2018); Washington State Department of 
Transportation Disparity Study, Prepared by Colette Holt & 
Associates (2017); Madison Public Works Disparity Study, 
Prepared by Keen Independent Research for City of Madison, 
Wisconsin (2015).
    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.

                                Hearings

    For the purposes of Rule XIII, clause 3(c)(6)(A) of the 
117th Congress, the following hearings were used to develop or 
consider H.R. 3684:
    On February 24, 2021, the Subcommittee on Highways and 
Transit held a hearing titled ``Examining Equity in 
Transportation Safety Enforcement.'' The Subcommittee received 
testimony from Mr. Larry Sandigo, Former Chairman, Community 
Advisory Board, Maricopa County, Arizona; Ms. Lorraine Martin, 
President and Chief Executive Officer, The National Safety 
Council; Ms. Michelle Ramsey Hawkins, Victim / Survivor, 
Mothers Against Drunk Driving; Mr. Ken Barone, Project Manager, 
Institute for Municipal and Regional Policy, Central 
Connecticut State University; and Dr. Rashawn Ray, Professor of 
Sociology and Director, Lab for Applied Social Science, 
University of Maryland. This hearing examined the role of 
enforcement in supporting traffic safety, and associated equity 
implications.
    On March 10, 2021, the Subcommittee on Railroads, 
Pipelines, and Hazardous Materials held a hearing titled ``Full 
Steam Ahead for Rail: Why Rail is More Relevant Than Ever for 
Economic and Environmental Progress.'' The Subcommittee 
received testimony from Ms. Shannon Valentine, Secretary, 
Department of Transportation, Commonwealth of Virginia; Ms. 
Caren L. Kraska, President and Chairman, Arkansas & Missouri 
Railroad; Mr. Gregory R. Regan, President, Transportation 
Trades Department, AFL-CIO; and Mr. Thomas Gregory Williams, 
Group Vice President, Consumer Products, BNSF Railway. The 
hearing examined the importance of rail to the U.S. economy and 
as a tool to mitigate climate change.
    On March 17, 2021, the Committee held a hearing titled 
``The Business Case for Climate Solutions.'' The Committee 
received testimony from Mr. Jack Allen, Chief Executive 
Officer, Proterra, Inc.; Ms. Laurie M. Giammona, Senior Vice 
President, Customer Care, Pacific Gas and Electric Company; Mr. 
Shameek Konar, Chief Executive Officer, Pilot Flying J, 
testifying on behalf of the National Association of Truck Stop 
Operators; Mr. Tom Lewis, National Business Line Executive, 
Climate, Resilience, and Sustainability, WSP USA; Mr. Troy 
Rudd, Chief Executive Officer, AECOM; Mr. Rafael Ottoni 
Santana, President and Chief Executive Officer, Wabtec 
Corporation; Mr. Frederick W. Smith, Chairman and Chief 
Executive Officer, FedEx Corporation; and Mr. Charles Hernick, 
Vice President, Policy and Advocacy, Citizens for Responsible 
Energy Solutions. The hearing explored private sector actions 
to develop and implement solutions to climate change, with an 
emphasis on the surface transportation sector.
    On March 25, 2021, the Committee held a hearing titled 
``The Administration's Priorities for Transportation 
Infrastructure.'' The Committee received testimony from Hon. 
Pete Buttigieg, Secretary, Department of Transportation. This 
hearing provided an opportunity for Members of the Committee to 
hear the Administration's priorities for infrastructure 
investment, transportation policy, surface transportation 
authorization, and other matters.
    On April 14, 2021, the Committee held a hearing titled 
``Committee on Transportation and Infrastructure Members' Day 
Hearing.'' The Committee received testimony from Hon. Zoe 
Lofgren, a Representative in Congress from the 19th District of 
California; Hon. Robert J. Wittman, a Representative in 
Congress from the 1st District of Virginia; Hon. Marcy Kaptur, 
a Representative in Congress from the 9th District of Ohio; 
Hon. John B. Larson, a Representative in Congress from the 1st 
District of Connecticut; Hon. Earl Blumenauer, a Representative 
in Congress from the 3rd District of Oregon; Hon. Derek Kilmer, 
a Representative in Congress from the 6th District of 
Washington; Hon. Bill Pascrell Jr., a Representative in 
Congress from the 9th District of New Jersey; Hon. Larry 
Bucshon, a Representative in Congress from the 8th District of 
Indiana; Hon. Scott H. Peters, a Representative in Congress 
from the 52nd District of California; Hon. Robert C. ``Bobby'' 
Scott, a Representative in Congress from the 3rd District of 
Virginia; Hon. Jim Costa, a Representative in Congress from the 
16th District of California; Hon. Rosa L. DeLauro, a 
Representative in Congress from the 3rd District of 
Connecticut; Hon. Jodey C. Arrington, a Representative in 
Congress from the 19th District of Texas; Hon. Kurt Schrader, a 
Representative in Congress from the 5th District of Oregon; 
Hon. Katie Porter, a Representative in Congress from the 45th 
District of California.
    Hon. Dean Phillips, a Representative in Congress from the 
3rd District of Minnesota; Hon. Cheri Bustos, a Representative 
in Congress from the 17th District of Illinois; Hon. Grace 
Meng, a Representative in Congress from the 6th District of New 
York; Hon. Jim Hagedorn, a Representative in Congress from the 
1st District of Minnesota; Hon. Michael Cloud, a Representative 
in Congress from the 27th District of Texas; Hon. Josh 
Gottheimer, a Representative in Congress from the 5th District 
of New Jersey; Hon. Fred Keller, a Representative in Congress 
from the 12th District of Pennsylvania; Hon. Lizzie Fletcher, a 
Representative in Congress from the 7th District of Texas; Hon. 
Mike Quigley, a Representative in Congress from the 5th 
District of Illinois; Hon. Virginia Foxx, a Representative in 
Congress from the 5th District of North Carolina; Hon. Young 
Kim, a Representative in Congress from the 39th District of 
California; Hon. Karen Bass, a Representative in Congress from 
the 27th District of California; Hon. Alma S. Adams, a 
Representative in Congress from the 12th District of North 
Carolina; Hon. Brad Sherman, a Representative in Congress from 
the 30th District of California; Hon. Kim Schrier, a 
Representative in Congress from the 8th District of Washington.
    Hon. Chris Jacobs, a Representative in Congress from the 
27th District of New York; Hon. Tracey Mann, a Representative 
in Congress from the 1st District of Kansas; Hon. Brian 
Higgins, a Representative in Congress from the 26th District of 
New York; Hon. Elaine G. Luria, a Representative in Congress 
from the 2nd District of Virginia; Hon. Ed Case, a 
Representative in Congress from the 1st District of Hawaii; 
Hon. Veronica Escobar, a Representative in Congress from the 
16th District of Texas; Hon. Adriano Espaillat, a 
Representative in Congress from the 13th District of New York; 
Hon. David N. Cicilline, a Representative in Congress from the 
1st District of Rhode Island; Hon. Mikie Sherrill, a 
Representative in Congress from the 11th District of New 
Jersey; Hon. Nanette Diaz Barragan, a Representative in 
Congress from the 44th District of California; Hon. Mondaire 
Jones, a Representative in Congress from the 17th District of 
New York; Hon. Teresa Leger Fernandez, a Representative in 
Congress from the 3rd District of New Mexico; Hon. Al Green, a 
Representative in Congress from the 9th District of Texas; Hon. 
Jamaal Bowman, a Representative in Congress from the 16th 
District of New York; Hon. Lauren Underwood, a Representative 
in Congress from the 14th District of Illinois.
    Hon. Mike Levin, a Representative in Congress from the 49th 
District of California; Hon. Pramila Jayapal, a Representative 
in Congress from the 7th District of Washington; Hon. Angie 
Craig, a Representative in Congress from the 2nd District of 
Minnesota; Hon. Joe Neguse, a Representative in Congress from 
the 2nd District of Colorado; Hon. Paul Tonko, a Representative 
in Congress from the 20th District of New York; Hon. Haley M. 
Stevens, a Representative in Congress from the 11th District of 
Michigan; Hon. Linda T. S nchez, a Representative in Congress 
from the 38th District of California; Hon. Matthew M. Rosendale 
Sr., a Representative in Congress from Montana; Hon. Mary Gay 
Scanlon, a Representative in Congress from the 5th District of 
Pennsylvania; Hon. Tom O'Halleran, a Representative in Congress 
from the 1st District of Arizona; Hon. Andy Levin, a 
Representative in Congress from the 9th District of Michigan; 
Hon. Brenda L. Lawrence, a Representative in Congress from the 
14th District of Michigan; Hon. Lori Trahan, a Representative 
in Congress from the 3rd District of Massachusetts; Hon. Tim 
Ryan, a Representative in Congress from the 13th District of 
Ohio; Hon. Stacey E. Plaskett, a Delegate in Congress from the 
U.S. Virgin Islands.
    Hon. Bradley Scott Schneider, a Representative in Congress 
from the 10th District of Illinois; Hon. Frank J. Mrvan, a 
Representative in Congress from the 1st District of Indiana; 
and Hon. Gwen Moore, a Representative in Congress from the 4th 
District of Wisconsin. This hearing provided Members not on the 
Committee an opportunity to testify on their policy priorities 
within the Committee's jurisdiction.
    On May 6, 2021, the Subcommittee held a hearing titled 
``When Unlimited Potential Meets Limited Resources: The 
Benefits and Challenges of High-Speed Rail and Emerging Rail 
Technologies.'' The Subcommittee received testimony from two 
panels consisting of the following: Panel I--Hon. John Davis 
Porcari, Managing Partner, 3P Enterprises, testifying on his 
own behalf as Former Deputy Secretary/Chief Operating Officer, 
Department of Transportation; Ms. Rachel Smith, President and 
Chief Executive Officer, Seattle Metropolitan Chamber of 
Commerce; Mr. Phillip A. Washington, Chief Executive Officer, 
Los Angeles County Metropolitan Transportation Authority, Los 
Angeles County, California; Ms. Danielle M. Eckert, 
International Representative, International Brotherhood of 
Electrical Workers, AFL-CIO; Hon. Carbett ``Trey'' Duhon, 
Judge, Waller County, Texas; Mr. Andy Kunz, President and Chief 
Executive Officer, U.S. High Speed Rail Association. Panel II--
Mr. Carlos F. Augilar, President and Chief Executive Officer, 
Texas Central High Speed Rail; Mr. William J. Flynn, Chief 
Executive Officer, National Railroad Passenger Corporation 
(Amtrak); Mr. Josh Giegel, Chief Executive Officer and Co-
Founder, Virgin Hyperloop; Mr. Andres De Leon, Chief Executive 
Officer, Hyperloop Transportation Technologies; Mr. Michael 
Reininger, Chief Executive Officer, Brightline Trains; and Mr. 
Wayne L. Rogers, Chairman and Chief Executive Officer, The 
Northeast Maglev, LLC. This hearing examined the opportunities 
and limitations associated with high-speed rail and emerging 
technologies, including regulatory oversight; technology 
readiness; project cost; and available federal resources.

                 Legislative History and Consideration

    H.R. 3684 was introduced in the House on June 4, 2021, by 
Mr.DeFazio, Ms. Norton, and Mr.Payne and referred to the 
Committee on Transportation and Infrastructure. Within the 
Committee, H.R. 3684 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. 3684 on 
June 9, 2021.
    The Committee considered H.R. 3684 on June 9 and 10, 2021, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by a record vote of 38 yeas 
and 26 nays (Roll Call Vote No. 38).

The following amendments were offered:

    An Amendment in the Nature of a Substitute offered by 
Mr.DeFazio (#1); was AGREED TO, as amended, by voice vote.

    A manger's amendment to the Amendment in the Nature of a 
Substitute offered by Mr.DeFazio (#1A); was AGREED TO by voice 
vote.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Crawford (#1B); was NOT AGREED TO by a record 
vote of 29 yeas and 38 nays (Roll Call Vote No. 23).
        Page 293, line 5, insert ``and'' after the semicolon.
        Page 293, line 13, insert ``and'' after the semicolon.
        Page 295, line 1, strike the semicolon at the end and 
insert a period.
        Page 295, strike line 2 and all that follows through 
page 297, line 7.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Garamendi (#1C); was AGREED TO by voice vote.
        In section 1205(a)(3) of division B of the bill, 
redesignate subparagraphs (B), (C), (D), and (E) as 
subparagraphs (C), (D), (E), and (F).
        In section 1205(a)(3) of division B of the bill, insert 
after subparagraph (A) the following: (B) in paragraph (1)(B) 
by inserting ``, except that for the purposes of this section 
hovercraft and terminal facilities for hovercraft engaging in 
water transit for passengers or vehicles shall also be 
considered as ferry boats and ferry terminal facilities 
eligible under section 129(c)'' after ``section 129(c)''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Gibbs (191) (#1D); was NOT AGREED TO by a record 
vote of 32 yeas and 36 nays (Roll Call Vote No. 24).
        Page 703, line 6, insert ``and'' at the end.
        Page 703, strike lines 7 through 11 (and redesignate 
accordingly).
        Page 735, after line 5, add a new section entitled 
``Sec. _. Federal-Aid Highway Funding.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Titus (#1E); was WITHDRAWN.
        In section 9102(a) of the bill, in the matter proposed 
to be inserted as section 22906(b)(1)(F) of title 49, United 
States Code, strike ``or'' at the end.
        In section 9102(a) of the bill, in the matter proposed 
to be inserted as section 22906(b)(1) of title 49, United 
States Code, strike the period at the end of subparagraph (G) 
and insert ``; or''.
        In section 9102(a) of the bill, in the matter proposed 
to be inserted as section 22906(b)(1) of title 49, United 
States Code, add at the end the following:
         ``(H) any other intercity passenger rail carrier in 
partnership with at least 1 of the entities described in 
subparagraphs (A) through (E).''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Perry (#1F); was NOT AGREED TO by a record vote 
of 28 yeas and 40 nays (Roll Call Vote No. 25).
        Page 687, line 10, strike ``$7,505,830,848'' and insert 
``$7,783,275,845''.
        Page 687, line, 11 strike ``$7,622,921,809'' and insert 
``$7,900,366,806''.
        Page 687, line 12, strike ``$7,744,888,558'' and insert 
``$8,022,333,555''.
        Page 687, line 13, strike ``$7,866,483,309'' and insert 
``$8,143,928,306''.
        Page 693, line 4, strike ``$587,133,905'' and insert 
``$309,688,908''.
        Page 693, line 6, strike ``5340'' and insert 
``5340(c)''.
        Page 693, line 8, strike ``, of which'' and all that 
follows through ``5340(d).'' and insert a period.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Brownley (#1G); was WITHDRAWN.
        In section 1204(a), after paragraph (4) insert the 
following (and redesignate accordingly): (5) in subsection 
(f)(3) by striking ``90 percent'' and inserting ``100 
percent'';
        In section 1204(a), after paragraph (8) (as so 
redesignated) insert the following (and redesignate 
accordingly): (9) in subsection (i)(3)(B) by striking 
``$7,500'' and inserting ``$100,000''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Davis of Illinois (#1H); was NOT AGREED TO by a 
record vote of 33 yeas and 35 nays (Roll Call Vote No. 26).
        Page 686, after line 6, insert new sections entitled 
``Sec. 1635. Environmental Reviews for Major Projects.'' and 
``Sec. 1636. Efficient Environmental Reviews.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Lynch (#1I); was NOT AGREED TO by voice vote.
        Page 183, line 1, strike ``$120,000,000'' and insert 
``$160,000,000''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Babin (#1J); was AGREED TO by a record vote of 37 
yeas and 31 nays (Roll Call Vote No. 27).
        Page 777, after line 25, insert before the closing 
quotation mark: a new clause entitled ``(t) Requirement for 
Transit Agencies.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Carbajal (#1K); was WITHDRAWN.
        At the end of subtitle F of title I of division B of 
the bill, insert a new section entitled ``Sec._. Pollinator-
Friendly Practices on Roadsides and Highway Rights-of-Way.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Katko (#1L); was WITHDRAWN.
        Strike title I of division B of the bill, and insert a 
new title entitled ``Title I--Federal-Aid Highways.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Brown of Maryland (#1M) was WITHDRAWN.
        Page 569, after line 19, insert a new subsection 
entitled ``(A) In General.''
        Page 571, line 25, strike the closing quotation marks 
and the period.
        Page 571, after line 25, insert a new subsection 
entitled ``(G) Authorization of Appropriations.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Graves of Louisiana (#1N); was NOT AGREED TO by a 
record vote of 30 yeas and 38 nays (Roll Call Vote No. 28).
        At the appropriate place in the bill, insert a new 
section entitled ``Sec._. Certification.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Lamb (#1O); was AGREED TO by voice vote.
        In section 9101(m) of the bill, in the matter proposed 
to be inserted in section 20117(b) of title 49, United States 
Code, strike paragraph (3) and insert a new section entitled 
``(3) University Rail Climate Innovation Institute.''
        Strike section 9603 of the bill and insert a new 
section entitled ``Sec. 9603. University Rail Climate 
Innovation Institute.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Bost (#1P); was NOT AGREED TO by a record vote of 
30 yeas and 38 nays (Roll Call Vote No. 29).
        Strike section 4408 of the bill.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Auchincloss (#1Q); was WITHDRAWN.
        At the end of subtitle B of title II of division B of 
the bill, add a new section entitled ``Sec. 2206. New Municipal 
Transit Services to Better Connect Communities.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.LaMalfa(#1R); was NOT AGREED TO by a record vote 
of 30 yeas and 38 nays (Roll Call Vote No. 30).
        At the appropriate place in the bill, add a new section 
entitled ``Sec. _. Diversion of Federal Financial Assistance 
for High-Speed Rail Development Project.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Carter of Louisiana (#1S); was WITHDRAWN.
        Page 686, after line 6, add a new section entitled 
``Sec. 16_. Prohibition Against Transporting Certain Horses 
Across a State or Federal Border.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Westerman (#1T); was NOT AGREED TO by a record 
vote of 31 yeas and 37 nays (Roll Call Vote No. 31).
        Page 573, after line 9, add a new subsection entitled 
`` (c) Restriction of Federal Lands Transportation Program 
Funds.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Fitzpatrick (#1U); was WITHDRAWN.
        At the end of title II of division D, add a new section 
entitled ``Sec. _. Limitation of Rail Passenger Transportation 
Liability.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Miss Gonzalez-Colon (#1V); was NOT AGREED TO by 
voice vote.
        In section 2104(b) of the bill, in the matter proposed 
to be inserted into section 5340(a) of title 49, United States 
Code, insert ``, Puerto Rico,'' before ``and the District of 
Columbia''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Balderson (#1W); was WITHDRAWN.
        Page 951, after line 2, insert a new section entitled 
``Sec. 3016. Drug-Impaired Driving Education Grant Program.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Stauber (#1X); was AGREED TO, as amended, by 
voice vote.
        Page 276, line 3, strike ``and'' at the end.
        Page 276, after line 3, insert the following (and 
redesignate accordingly): (D) by inserting ``copper, nickel, 
cobalt, platinum group elements, rare earth elements, or other 
minerals extracted from within the United States and insular 
territories,'' after ``iron,''; and
        Page 390, line 5, strike the closing quotation mark and 
period at the end.
        Page 390, after line 5, add a new subsection entitled 
``(f) Certification.''
        Page 453, line 6, strike the closing quotation mark and 
period at the end.
        Page 453, after line 6, add a new paragraph entitled 
``(11) Certification.''
        Page 801, line 5, strike ``and'' at the end.
        Page 801, line 10, strike the period and closing 
quotation mark and insert ``; and''.
        Page 801, after line 10, 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.''.
        Page 802, line 4, strike the closing quotation mark and 
period at the end.
        Page 802, after line 4, add a new paragraph entitled 
``(10) Certification.''
        Page 1129, after line 12, add a new section entitled 
``Sec. _. Task Force to Promote American Vehicle 
Competitiveness.''
        Page 1149, after line 11, add a new section entitled 
``Sec. _. Certification on Ensuring No Human Rights Abuses.''

    An amendment to the amendment (#1X) to the Amendment in the 
Nature of a Substitute offered by Mr.DeFazio (#1X1); was AGREED 
TO by a record vote of 38 yeas and 30 nays (Roll Call Vote No. 
32).
        Strike everything except page 3, line 12 through page 
6, line 18.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Burchett (#1Y); was WITHDRAWN.
        At the end of subtitle F of title I of division B, 
insert a new section entitled ``Sec._. Rights and Remedies of 
Persons Injured by Carriers or Brokers.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Johnson of South Dakota (#1Z) was NOT AGREED TO 
by voice vote.
        Strike section 4406 of the bill;

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Guest (#1AA); was WITHDRAWN.
        Page 668, after line 14, insert a new subsection 
entitled ``(d) Vehicle Weight Limitations-Interstate System.''
        Page 669, line 7, strike ``(v)'' and insert ``(w)''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Nehls (#1BB); was NOT AGREED TO by a record vote 
of 31 yeas and 37 nays (Roll Call Vote No. 33).
        Page 902, line 25, strike ``and''.
        Page 903, line 2, strike the period at the end and 
insert ``; and''.
        Page 903, after line 2, add the following: (3) may not 
be used by a State or local government for traffic control or 
traffic enforcement if such State or local government has 
defunded the police.
        Page 904, after line 8, add a new subsection entitled 
``(g) Definition.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Malliotakis (#1CC); and; was WITHDRAWN.
        Page 267, strike line 14 and all that follows through 
page 268, line 13 and insert the following: (i) in subparagraph 
(A) by striking clause (v) and inserting the following: ``(v) 
if the public authority certifies annually that the tolled 
facility is being adequately maintained, a toll rebate toward a 
congestion pricing fee for individuals residing on either side 
of a tolled bridge required to pay a toll to connect to the 
central business district in the city in which the vehicle of 
the individual is registered.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Gimenez (#1DD); was NOT AGREED TO by voice vote.
        Page 874, strike lines 8 through 14 and insert the 
following: (A) in paragraph 7 by striking ``for which'' and all 
that follows through the period at the end and inserting ``for 
which the total estimated net capital cost is less than 
$1,000,000,000.''.
        Page 874, after line 20, insert the following: (3) in 
subsection (c) by adding at the end the following: ``(5) 
Federal Share for Certain Small Start Projects.-Notwithstanding 
any other provision of law, the Federal share for a small start 
project for which the total cost is $400,000,000 or less shall 
not exceed 80 percent.''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Van Duyne (#1EE); was NOT AGREED TO by voice 
vote.
        Page 686, after line 6, insert a new section entitled 
``Sec. 1635. HOV Facility Review.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Garamendi (#1FF); was NOT AGREED TO by voice 
vote.
        In section 9209 of division D of the bill, in the 
matter proposed to be inserted as section 24712, at the end of 
paragraph (7) of subsection (a), add at the end a new 
subsection entitled ``(D) Annual Review.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Crawford (#1GG); was NOT AGREED TO by voice vote.
        Strike section 9204 (Amtrak Preference Enforcement).

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Lynch (#1HH); was WITHDRAWN.
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. Electric or 
Zero-Emission Vehicles for United States Postal Service 
Fleet.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Gibbs (#1II); was WITHDRAWN.
        Page 785, line 22, strike ``and''.
        Page 785, line 25, strike the first period and all that 
follows through the second period and insert ``; and''.
        Page 785, after line 25, insert the following: ``(3) 
designate Transportation Research Center, Incorporated as the 
autonomous and advanced driver-assistance systems test 
development facility for all bus testing with autonomous or 
advanced driver-assistance systems technology and 
Transportation Research Center, Incorporated will also serve as 
the over-flow new model bus testing facility to Altoona.''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Perry (#1JJ); was NOT AGREED TO by a record vote 
of 12 yeas and 50 nays (Roll Call Vote No. 34).
        In section 101 of the bill, strike paragraphs (3) and 
(4) (and redesignate accordingly).
        Strike section 103 of the bill.
        Strike section 107 of the bill.

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Rodney Davis of Illinois (#1KK); was 
WITHDRAWN. Consisting of the following amendments:
     An amendment:
        Page 443, line 7, insert ``, natural gas fueling 
infrastructure, and propane fueling infrastructure'' after 
``infrastructure''.
        Page 443, line 9, insert ``, natural gas, and propane'' 
after ``electric''.
        Page 444, line 21, insert ``, natural gas fueling 
infrastructure, and propane fueling infrastructure'' after 
``infrastructure''.
        Page 445, line 5, insert ``, natural gas, and propane'' 
after ``hydrogen''.
        Page 445, line 13, insert ``, natural gas, and 
propane'' before ``fueling''.
        Page 445, line 18, insert ``, natural gas fueling 
infrastructure, and propane fueling infrastructure'' after 
``infrastructure''.
        Page 447, line 17, insert ``, natural gas, or propane'' 
after ``hydrogen''.
        Page 448, line 21, insert ``natural gas or propane'' 
after ``grid or''.
        Page 449, line 11, insert ``renewable fuel production 
for use in natural gas and propane fueling,'' after 
``storage,''.
        Page 449, line 16, insert ``, natural gas fueling 
infrastructure, or propane fueling infrastructure'' after 
``infrastructure''.
        Page 449, beginning on line 20, insert ``, natural gas 
fueling infrastructure, or propane fueling infrastructure'' 
after ``infrastructure''.
        Page 449, line 24, insert ``, natural gas fueling 
infrastructure, or propane fueling infrastructure'' after 
``infrastructure''.
        Page 450, line 6, insert ``, natural gas fueling 
infrastructure, or propane fueling infrastructure'' after 
``infrastructure''.
        Page 450, line 20, insert ``, natural gas, or propane'' 
after ``hydrogen''.
        Page 451, line 17, insert ``, natural gas fueling 
infrastructure, and propane fueling infrastructure'' after 
``infrastructure''.
        Page 451, beginning on line 19, insert ``, natural gas 
fueling infrastructure, and propane fueling infrastructure'' 
after ``infrastructure''.
        Page 452, line 4, insert ``or natural gas or propane 
fueling'' after ``charging''.
     An amendment:
        Page 414, after line 12, insert a new section entitled 
``Sec. 1220. Ferry Boats and Ferry Terminal Facilities.''

      An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Graves of Louisiana (#1LL); was AGREED 
TO by voice vote.
        Consisting of the following amendments:
     An amendment: Page 474, strike line 1 and insert a new 
subsection entitled ``(c) Eligibility.''
        Page 474, line 2, strike ``that is'' and insert ``that 
serves an eligible area and that is--''.
        Page 474, strike lines 3 through 5.
        Page 474, line 6, redesignate paragraph (1) as 
subparagraph (A).
        Page 474, line 7, redesignate paragraph (2) as 
subparagrpah (B).
        Page 474, line 9, redesignate paragraph (3) as 
subparagraph (C).
        Page 474, line 10, strike ``paragraphs (1) and (2)'' 
and inserting ``subparagraphs (A) and (B)''.
        Page 474, line 11, redesignate paragraph (4) as 
subparagraph (D).
        Page 474, line 14, redesignate paragraph (5) as 
subparagraph (E).
        Page 474, beginning on line 15, strike ``paragraph (1), 
(2), or (3)'' and insert ``subparagraph (A), (B), or (C)''.
        Page 474, after line 16, insert a new subsection 
entitled ``(2) Eligible Area.''
     An amendment:
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. GAO Study on 
Nature-Based Solutions for Coastal Highway Resilience.''
        An amendment:
        Page 660, strike lines 1 through 11 and insert a new 
subsection entitled ``(b) Study.''
        An amendment:
        Page 658, line 11, insert ``retrofit,'' after 
``maintenance,''.
        Page 658, strike lines 18 through 20 and insert the 
following (and redesignate subsequent clauses accordingly):
        (i) withstand the effects of hydrostatic and 
hydrodynamic forces on viability, including recommendations 
regarding appropriate drainage structures or other flood 
prevention mechanisms to manage stormwater, runoff, and the 
effect of storm surge;
        (ii) withstand the risks that flammability poses to 
viability;
     An amendment:
        Page 668, line 17, strike ``The Administrator'' and 
insert a new subsection entitled ``(a) Guidance.''
        Page 668, line 22, strike ``issue'' and insert ``revise 
or issue new guidance''.
        Page 669, after line 3, insert a new subsection 
entitled ``(b) Considerations.''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by M. Bost (#1MM); was WITHDRAWN.
        Page 987, strike lines 6 through 14 (and redesignate 
accordingly).

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Westerman(#1NN); was NOT AGREED TO by voice vote.
        Page 416, after line 15, insert a new subsection 
entitled ``(d) Small Projects.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Balderson (#1OO); was WITHDRAWN.
        Page 1000, after line 8, insert a new section entitled 
``Sec. 4312. Apprenticeship Program for Commercial Drivers 
Under the Age of 21.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Stauber (#1PP); was NOT AGREED TO by voice vote.
        In section 2301 of the bill, in the matter proposed to 
be inserted as section 5320(d)(5), insert ``and that minerals 
within such battery are sourced domestically'' before the 
period at the end.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Burchett (#1QQ); was WITHDRAWN.
        Page 686, after line 6, insert a new section entitled 
``Sec. 1635. Assessing Safety Hardware.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Guest (#1RR); was WITHDRAWN.
        At the end of subtitle C of title IV of the bill, add a 
new section entitled ``Sec. _. Transportation of Agricultural 
Commodities and Farm Supplies.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Nehls (#1SS); was WITHDRAWN.
        Strike section 8202 of the bill and insert a new 
section entitled ``Sec. 8202. Transportation of Liquefied 
Natural Gas by Rail.''

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Van Duyne (#1TT); was NOT AGREED TO 
by voice vote. Consisting of the following amendments:
        An amendment: Page 220, line 15, strike ``95 percent'' 
and insert ``100 percent''.
        An amendment: Page 686, after line 6, insert a new 
section entitled ``Sec. 1635. Use of Census Data.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Garamendi (#1UU); was NOT AGREED TO by voice 
vote.
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec._. Requiring 
Construction Inspection Services for Certain Highway Contracts 
to be Performed by Public Employees.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Gibbs (#1VV); was WITHDRAWN.
        Page 686, after line 6, insert a new section entitled 
``Sec. 1635. Compliance, Safety, and Accountability Reform.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Lynch (#1WW); was WITHDRAWN.
        Page 367, after the matter following line 22, insert a 
new subsection entitled ``(c) Northern Avenue Bridge.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Graves of Louisiana (#1XX); was WITHDRAWN.
        Page 686, line 16, strike ``and inserting `;or';'' and 
insert ``and inserting a semicolon''.
        Page 686, line 20, strike ``tourism.'' and insert 
``tourism; or''.
        Page 686, after line 6, insert new sections entitled 
``Sec. 1635. Highway Safety Discretionary Grant Program for 
Automated Vehicle Infrastructure.'' and ``Sec. 1637. 
Eligibility Under Additional Programs.''

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Westerman (#1YY); was WITHDRAWN. 
Consisting of the following amendments:
        An amendment: Page 183, line 21, strike 
``$400,000,000'' and insert ``$300,000,000''.
        Page 184, line 4, strike ``$50,000,000'' and insert 
``$120,000,000''.
        Page 184, line 8, strike ``$16,000,000'' and insert 
``$25,000,000''.
        Page 184, line 11, strike ``$16,000,000'' and insert 
``$25,000,000''.
        Page 184, line 15, strike ``$16,000,000'' and inert 
``$25,000,000''.
        Page 184, line 21, strike ``$7,000,000'' and insert 
``$10,000,000''.
     An amendment:
        Page 573, after line 9, add a new subsection entitled 
``(c) Restriction of Federal Lands Transportation Program 
Funds.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Stauber (#1ZZ); was NOT AGREED TO by voice vote.
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. Penalty for 
Causing Defect or Damage in Infrastructure Under 
Construction.''

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Burchett (#1AAA); was WITHDRAWN. 
Consisting of the following amendments:
     An amendment:
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. Research and 
Evaluation of Recycled Plastic Modified Asphalt.''
     An amendment:
        Page 290, after line 20, insert a new subsection 
entitled ``(c) Prohibition.''
     An amendment:
        Page 918, line 7, strike ``and'' the first place it 
appears.
        Page 951, after line 2, add a new section entitled 
``Sec. _. Occupant Protection Grants.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Johnson of South Dakota (#1BBB);; was WITHDRAWN.
        At the end of title I of division B of the bill, add 
the following new sections entitled ``Sec. _. Tribal 
Transportation Program.''; `` Sec. _. Transportation Facility 
Eligibility.''; ``Sec. _. Tribal Highway Safety 
Partnerships.''; Sec. _. Nationally Significant Federal Lands 
and Tribal Projects Program.''; and ``Sec. _. Tribal 
Transportation Advisory Committee.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Guest (#1CCC); was WITHDRAWN.
        Page 336, beginning on line 4, strike ``clauses (ii) 
and (iii)'' and insert ``clause (ii)''.
        Page 336, strike lines 6 through 13.
        Page 336, after line 5, insert the following: ``(ii) in 
areas of the State other than urban areas with a population 
less than 200,000; and''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Gimenez (#1DDD); was AGREED TO without objection.
        Page 686, after line 6, insert a new section entitled 
``Sec. 1635. Prohibition on the Use of Civil Penalties for 
Campaign Finance.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Lynch (#1EEE); was WITHDRAWN.
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. Federal 
Requirements for TIFIA Eligibility and Project Selection.''

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Graves of Louisiana (#1FFF); was 
WITHDRAWN. Consisting of the following amendments:
     An amendment:
        At the end of subtitle E of title V of division B of 
the bill, add a new section entitled ``Sec. _. Transportation 
Resilience and Adaptation Centers of Excellence.''
     An amendment:
        At the end of subtitle F of title I of division B of 
the bill, add the following: ``Sec. _. Effect of Weather 
Extremes on Lifecycle Cost Analysis.''
     An amendment:
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. Promoting 
Resilient Operations for Transformative, Efficient, and Cost-
Saving Transportation (PROTECT) Grant Program.''

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Stauber (#1GGG); was NOT AGREED TO by 
voice vote. Consisting of the following amendments:
     An amendment:
        In section 1303 of division B of the bill, add at the 
end a new subsection entitled ``(c) Effective Date.''
     An amendment:
        In section 1303 of division B of the bill, add at the 
end a new subsection entitled ``(c) Effective Date.''; was NOT 
AGREED TO by voice vote.

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Guest (#1HHH); was WITHDRAWN. 
Consisting of the following amendments:
     An amendment:
        Page 337, strike line 23 and all that follows through 
page 338, line 7 and insert the following ``(A) In General.-
States shall establish a program to improve the ability of 
applicants of areas with a population of less than 15,000 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-''.
     An amendment:
        Page 1082, after line 4, insert a new section entitled 
``Sec. 5204. Pavement Preservation Program.''
     An amendment:
        Page 1052, after line 8, insert the following (and 
redesignate accordingly): ``(4) the United States Army Research 
and Development Center;

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Westerman (#1III); was NOT AGREED TO by voice 
vote.
        Page 686, after line 6, insert a new section entitled 
``Sec. 1635. Judicial Review.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Nehls (#1JJJ); was NOT AGREED TO by voice vote.
        At the appropriate place in the bill, add a new section 
entitled ``Sec. _. Grant to Promote Re-Entry Training Programs 
and Reduce Recidivism.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Stauber (#1KKK); was AGREED TO by voice vote.
        In section 1211, in the matter proposed to be added as 
section 155 of title 23, United States Code, add at the end a 
new subsection entitled ``(f) Wage Requirements.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Guest(#1LLL); was WITHDRAWN.
        Strike section 1303 of the bill.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Stauber (#1MMM); was NOT AGREED TO by voice vote.
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. No Funds for 
States that Have Banned the Sale of Vehicles with Internal 
Combustion Engines.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Perry (#1NNN); was WITHDRAWN.
        Strike section 9506 of the bill.

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Garcia of Illinois (#1OOO); was 
WITHDRAWN. Consisting of the following amendments:
     An amendment:
        At the end of subtitle A of title I of division B add a 
new section entitled ``Sec. 112_. Updates to Manual on Uniform 
Traffic Control Devices.''
     An amendment:
        Section 1602 of the bill is amended by inserting after 
subsection (b) new subsections entitled ``(c) 85th 
Percentile.'' and (D) Revision Guidance.''

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Babin (#1PPP); was WITHDRAWN. 
Consisting of the following amendments:
     An amendment:
        In section 4405, strike subsection (b).
     An amendment:
        Strike section 9507 and insert a new section entitled 
``Sec. 9507. Safe Cross Border Operations.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Crawford (#1QQQ); was WITHDRAWN.
        Page 279, after line 9, add a new subsection entitled 
``(5) Limitation.''

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Balderson (#1RRR); was WITHDRAWN. 
Consisting of the following amendments:
     An amendment:
        Page 185, line 16, strike ``$3,000,000,000'' and insert 
``$3,325,000,000''.
        Page 186, line 6, strike ``$250,000,000'' and insert 
``$575,000,000''.
        Page 219, line 1, strike ``$1,000,000,000'' and insert 
``$350,000,000''.
     An amendment:
        Page 219, line 1, strike ``$1,000,000,000'' and insert 
``$900,000,000''.
        Page 901, line 11, strike ``$384,119,000'' and insert 
``$409,119,000''.
        Page 901, line 12, strike ``$393,205,000'' and insert 
``$418,205,000''.
        Page 901, line 13, strike ``$402,205,000'' and insert 
``$427,205,000''.
        Page 901, line 14, strike ``$411,388,000'' and insert 
``$436,388,000''.

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Garcia of Illinois (#1SSS); was 
WITHDRAWN. Consisting of the following amendments:
     An amendment:
        Page 686, after line 11, insert a new subsection 
entitled ``(a) Findings.''
        Page 686, strike line 14 and all that follows through 
page 694, line 12 and insert new subsections entitled ``(a) In 
General.''; ``(b) References in Law.''; and ``(c) Additional 
Selection Criteria and Requirements.''
     An amendment:
        Page 400, line 15, strike the first period and all that 
follows through the second period and insert a period.
        Page 400, after line 15, insert a new subsections 
entitled ``(j) Additional Selection Criteria and 
Requirements.''; ``(K) Tribal Sovereignty.''; ``(L) Grant 
Requirements.''; ``(M) Distribution of Grants.''; ``(N) Grant 
Amount.''; ``(O) Federal Share.''; ``(P) Additional Funding.''
     An amendment:
         Page 763, after line 4, insert a new section entitled 
``Sec. 2206. Transportation Electrification Program.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Crawford (#1TTT); was WITHDRAWN.
        Page 364, line 2, insert ``, including continuous 
electronic monitoring of bridge integrity'' before the 
semicolon.
        Page 485, line 18, insert ``electronically monitor,'' 
after ``rehabilitate,''.

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Graves of Louisiana (#1UUU); was 
WITHDRAWN. 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. _. Prohibition on Staged 
Collisions with Commercial Motor Vehicles.''
     An amendment:
        Page 900, beginning on line 19, strike ``For carrying 
out'' and insert the following:(A) In General.-For carrying out
        Page 900, line 22, redesignate subparagraph (A) as 
clause (i).
        Page 900, line 23, redesignate subparagraph (B) as 
clause (ii).
        Page 900, line 24, redesignate subparagraph (C) as 
clause (iii).
        Page 900, line 25, redesignate subparagraph (D) as 
clause (iv).
        Page 900, after line 25, insert a new paragraph 
entitled ``(B) Limitation.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Garcia of Illinois (#1VVV); was AGREED TO by 
voice vote.
        At the end of title VI of division D of the bill, add a 
new section entitled ``Sec. _. Freight Railroad Locomotive 
Requirements.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Weber of Texas (#1WWW); was WITHDRAWN.
        Page 686, after line 6, insert a new section entitled 
``Sec. 1635. Automobile Transporter Productivity.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Perry (#1XXX); was NOT AGREED TO by a record vote 
of 14 yeas and 46 nays (Roll Call Vote No. 35).
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. 16_. Labor 
Standards Repeal.''

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.LaMalfa (#1YYY); was NOT AGREED TO by 
voice vote. Consisting of the following amendments:
     An amendment:
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. Program for 
Eliminating Duplication of Environmental Reviews.''
     An amendment:
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. Exclusion from 
NEPA Requirements.''
     An amendment:
        Page 1204, line 4, strike the closing quotation mark 
and the period.
        Page 1204, after line 4, insert a new subsection 
entitled ``(j) Additional Requirements.''

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Graves of Louisiana (#1ZZZ); was NOT 
AGREED TO by voice vote. Consisting of the following 
amendments:
     An amendment:
        Page 454, beginning on line 17, strike ``The 
Secretary'' and all that follows through ``and-'' and insert a 
new subdivision entitled ``(1) In General.''
        Page 454, line 21, redesignate paragraph (1) as 
subparagraph (A).
        Page 455, line 1, redesignate paragraph (2) as 
subparagraph (B).
        Page 455, after line 5, subdivision entitled ``(2) 
Exception.''
        Page 455, line 22, insert ``percentage'' before 
``reductions''.
     An amendment:
        Page 398, after line 15, insert the following: State 
shall not be eligible to be designated as a High-Performing 
State if the transportation policies that resulted in the 
reduction of emissions had a disproportionate negative economic 
impact on low income and minority communities.
     An amendment:
        Page 398, after line 15, insert the following: State 
shall not be eligible to be designated as a high-performing 
State if there exists 2 or more instances of nonattainment 
designation with the classification of `extreme' under the 
national ambient air quality standards under the Clean Air Act 
(42 U.S.C. 7401 et seq.).

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.LaMalfa (#1AAAA); was WITHDRAWN.
        Page 916, line 2, strike ``51.75 percent'' and insert 
``47.5 percent''.
        Page 916, strike lines 3 through 4 and insert the 
following: (D) by striking paragraph (4) and inserting the 
following: ``(4) Distracted Driving.-In each fiscal year, 13.5 
percent of the funds provided under this section shall be 
allocated among States that adopt and implement effective laws 
to reduce drowsy driving and distracted driving (as described 
in subsection (e)).''.
        Page 910, strike lines 9 through 10 and insert the 
following: (1) in subsection (b) --
         (A) by inserting ``, training'' after ``demonstration 
projects''; and
         (B) in paragraph (1)(B)--
          (i) in clause (ii) by striking ``and'' at the end;
          (ii) in clause (iii) by adding ``and'' at the end; 
and
          (iii) by adding at the end the following: ``(iv) 
drowsy driving;''.

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Graves of Louisiana (#1BBBB); was NOT AGREED TO 
by voice vote.
        At the end of subtitle F of title I of division B, add 
a new section entitled ``Sec. _. National Environmental Policy 
Act of 1969.''

    An amendment to the Amendment in the Nature of a Substitute 
offered by Mr.Graves of Louisiana (#1CCCC); was NOT AGREED TO 
by voice vote.
        Page 180, before line 1, insert the following: (d) 
Alignment Determination.-- Notwithstanding any other provision 
of law, For the member designated project numbered 596 and 597 
in the table in subsection (c), the non-Federal sponsor shall 
determine an alignment for the bridge project not later than 1 
year after the date of enactment of this Act.

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Perry (#1DDDD); was NOT AGREED TO by a 
record vote of 19 yeas and 45 nays (Roll Call Vote No. 36). 
Consisting of the following amendments:
     An amendment:
        Strike section 2403 of the bill.
     An amendment:
        Strike subtitle G of title II of division B of the 
bill.
     An amendment:
        Strike section 2913 of the bill.
     An amendment:
        Strike section 2915 of the bill.
     An amendment:
        Page 686, after line 6, insert a new section entitled 
``Sec. 1635. Repeal of Transfer.''
     An amendment:
        Strike section 2202 of the bill.
     An amendment:
        Strike section 2106 of the bill.
     An amendment:
        Strike section 2109 of the bill.
     An amendment:
        Strike section 2110 of the bill.
     An amendment:
        Strike section 2112 of the bill.
     An amendment:
        Strike section 2504 of the bill.
     An amendment:
        Strike section 2505 of the bill.
     An amendment:
        Strike section 2601 of the bill.
     An amendment:
        Page 702, line 12, insert ``or'' at the end.
        Page 702, line 15, strike ``; or'' and insert a period.
        Page 702, strike lines 16 through 25.
     An amendment:
        Strike section 2405 of the bill.
     An amendment:
        Strike section 1208 of the bill.
     An amendment:
        At the end of title II of division D of the bill, add a 
new section entitled ``Sec. _. Prohibition on Use of Funds for 
Amtrak Network.''
     An amendment:
        Strike section 9221 of the bill.
     An amendment:
        Strike section 9203 of the bill.
     An amendment:
        At the end of title VII of division B of the bill, add 
a new section entitled ``Sec. 7_. Prohibition on Use of TIFIA 
Funds for Certain Projects.''
     An amendment:
        Strike section 9220 of the bill.
     An amendment:
        Strike section 9219 of the bill.
     An amendment:
        Strike section 9212 of the bill.
     An amendment:
        Strike section 9211 of the bill.
     An amendment:
        Strike section 9206 of the bill.
     An amendment:
        Strike section 9105 of the bill.

    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr.Perry (#1EEEE); was NOT AGREED TO by a 
record vote of 12 yeas and 52 nays (Roll Call Vote No. 37). 
Consisting of the following amendments:
     An amendment:
        Page 1178, beginning on line 1, strike ``the 
following'' and all that follows through ``fiscal year 2026, 
$2,900,000,000.'' and insert ``for Fiscal Year 2022, 
$2,500,000,000.''.
        Page 1178, beginning on line 11, strike ``the following 
amounts:'' and all that follows through ``fiscal year 2026, 
$3,900,000,000'' and insert ``for Fiscal Year 2022, 
$3,500,000,000.''.
     An amendment:
        Strike section 102(a)(2)(A)(ii)(II) of the bill and 
redesignate subclause clause (I) of section 102(a)(2)(A)(ii) as 
clause (ii) of section 102(a)(2)(A).
     An amendment:
        Strike section 2101 of the bill (and redesignate 
subsequent sections accordingly).
     An amendment:
        Strike section 1303 of the bill.
     An amendment:
        At the end of title III of division D of the bill, add 
a new section entitled ``Sec. _. Restriction on Provision of 
Loan or Loan Guarantee for Certain High-Speed Rail Projects.''
     An amendment:
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. Prohibitions on 
Construction Contracts.''
     An amendment:
         At the end of subtitle A of title I of division B of 
the bill, add new sections entitled ``Sec. 1120. Prohibition on 
Construction Contracts.''; ``Sec. 1121. Construction Contract 
Prohibitions.''
     An amendment:
        Strike section 4308 of the bill.
     An amendment:
        Strike section 4311 of the bill.
     An amendment:
        Strike section 4404 of the bill.
     An amendment:
        At the end of title VII of division B of the bill, add 
a new section entitled ``Sec. 7_. Prohibition on Use of TIFIA 
Funds for Electric Vehicles and Electric Vehicle 
Infrastructure.''
     An amendment:
        Strike section 9104 of the bill and insert a new 
section entitled ``Sec. 9104. Railroad Rehabilitation and 
Improvement Financing.''
     An amendment:
        In section 7001(c) of the bill, strike the matter 
proposed to be inserted as section 603(b) of title 23, United 
States Code, and insert a new subdivision entitled ``(8) Non-
Federal Share.''
     An amendment:
        Strike subtitle D of title V of division B of the bill.
     An amendment:
        Strike title VI of division B of the bill.
     An amendment:
        Strike section 9603 of the bill.
     An amendment:
        Strike section 9602 of the bill.
     An amendment:
        Page 702, line 12, insert ``or'' at the end.
        Page 702, line 15, strike ``; or'' and insert a period.
        Page 702, strike lines 16 through 25.
     An amendment:
        Strike section 9304 of the bill.
     An amendment:
        Strike section 9306 of the bill.
     An amendment:
        Strike section 9104 of the bill.
     An amendment:
        Strike section 9102 of the bill.
     An amendment:
        Strike section 5302 of the bill.
     An amendment:
        Strike section 5202 of the bill.
     An amendment:
        Strike section 5111 of the bill.
     An amendment:
        Strike section 5102 of the bill.
     An amendment:
        Strike section 3010 of the bill.
     An amendment:
        Strike section 1108 of the bill.
     An amendment:
        Strike section 1109 of the bill.
     An amendment:
        Strike section 1118 of the bill.
     An amendment:
        Strike section 1119 of the bill.
     An amendment:
        Strike section 1211 of the bill.
     An amendment:
        Strike section 1214 of the bill.
     An amendment:
        Strike section 1304 of the bill.
     An amendment:
        Strike section 1216 of the bill.
     An amendment:
        Strike section 1311 of the bill.
     An amendment:
        Strike section 1619 of the bill.
     An amendment:
        Strike section 1312 of the bill.
     An amendment:
        At the end of subtitle F of title I of division B of 
the bill, add a new section entitled ``Sec. _. Labor 
Standards.''
     An amendment:
        Beginning on page 14, strike line 22 and all that 
follows through page 15, line 3.
        Page 693, strike lines 15-19 (and redesignate any 
subsequent subsections accordingly).
        Beginning on page 874, strike line 2 and all that 
follows through page 886, line 17 (and redesignate any 
subsequent sections accordingly).
     An amendment:
        Page 214, line 5, strike ``and (10)'' and insert ``and 
(9)''.
        Page 214, line 9, strike ``and (10)'' and insert ``and 
(9)''.
        Page 214, line 14, strike ``and (10)'' and insert ``and 
(9)''.
        Page 215, line 24, strike ``(10)'' and insert ``(9)''.
        Page 218, line 13, strike ``and (10)'' and insert ``and 
(9)''.
        Page 218, strike lines 14 through 18 (and redesignate 
accordingly).
        Page 395, strike line 1 and all that follows through 
page 400, line 24 (and redesignate accordingly).

                            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.

Committee on Transportation and Infrastructure Roll Call Vote 
No. 23

On: Agreeing to Amendment #1B offered by Mr. Crawford
Not Agreed to: 29 yeas and 38 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............   Yea
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Yea
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Yea
Mr. Carson......................   Nay    Mr. Babin..............   Yea
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Yea
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Nay
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Yea
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Yea
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........   Yea
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Yea
Ms. Bourdeaux...................   Nay    Mrs. Steel.............  .....
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 24

On: Agreeing to Amendment #1D offered by Mr. Gibbs
Not Agreed to: 32 yeas and 36 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............   Yea
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Yea
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Yea
Mr. Carson......................   Nay    Mr. Babin..............   Yea
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Yea
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Yea
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Yea
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Yea
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........   Yea
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Yea
Ms. Bourdeaux...................   Yea    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 25

On: Agreeing to Amendment #1F offered by Perry
Not Agreed to: 28 yeas and 40 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............   Yea
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Yea
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Nay
Mr. Carson......................   Nay    Mr. Babin..............   Yea
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Yea
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Nay
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Yea
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Nay
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........   Yea
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Yea
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 26

On: Agreeing to Amendment #1H offered by Mr. Rodney Davis of IL
Not Agreed to: 33 yeas and 35 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............   Yea
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Yea    Mr. Rodney Davis of IL.   Yea
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Yea
Mr. Carson......................   Nay    Mr. Babin..............   Yea
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Yea
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Yea
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Yea
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Yea
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........   Yea
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Yea
Ms. Bourdeaux...................   Yea    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 27

On: Agreeing to Amendment #1J offered by Mr. Babin
Agreed to: 37 yeas and 31 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Yea    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............   Yea
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Yea    Mr. Rodney Davis of IL.   Yea
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Yea
Mr. Carson......................   Nay    Mr. Babin..............   Yea
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Yea
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Yea
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Yea
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Yea
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Yea    Mr. Nehls..............   Yea
Mr. Pappas......................   Yea    Ms. Mace...............   Yea
Mr. Lamb........................   Yea    Ms. Malliotakis........   Yea
Mr. Moulton.....................   Yea    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Yea
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 28

On: Agreeing to Amendment #1N offered by Mr. Graves of LA
Not Agreed to: 30 yeas and 38 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............   Yea
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Yea
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Yea
Mr. Carson......................   Nay    Mr. Babin..............   Yea
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Yea
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Nay
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Yea
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Yea
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........   Yea
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Yea
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 29

On: Agreeing to Amendment #1P offered by Mr. Bost
Not Agreed to: 30 yeas and 38 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............   Yea
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Yea
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Yea
Mr. Carson......................   Nay    Mr. Babin..............   Yea
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Yea
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Nay
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Yea
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Yea
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........   Yea
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Yea
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 30

On: Agreeing to Amendment #1R offered by Mr. LaMalfa
Not Agreed to: 30 yeas and 38 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............   Yea
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Yea
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Yea
Mr. Carson......................   Nay    Mr. Babin..............   Yea
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Yea
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Nay
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Yea
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Yea
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........   Yea
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Yea
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 31

On: Agreeing to Amendment #1T offered by Mr. Westerman
Not Agreed to: 31 yeas and 37 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............   Yea
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Yea
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Yea
Mr. Carson......................   Nay    Mr. Babin..............   Yea
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Yea
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Yea
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Yea
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Yea
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........   Yea
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Yea
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 32

On: Agreeing to Amendment #1X1 offered by Mr. DeFazio
Not Agreed to: 38 yeas and 30 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Yea--- Mr. Graves of MO,-------- Nay-
                                          Ranking Member.
Ms. Norton......................   Yea    Mr. Young..............  .....
Ms. Johnson of TX...............   Yea    Mr. Crawford...........   Nay
Mr. Larsen of WA................   Yea    Mr. Gibbs..............   Nay
Mrs. Napolitano.................   Yea    Mr. Webster............   Nay
Mr. Cohen.......................   Yea    Mr. Massie.............   Nay
Mr. Sires.......................   Yea    Mr. Perry..............   Nay
Mr. Garamendi...................   Yea    Mr. Rodney Davis of IL.   Nay
Mr. Johnson of GA...............   Yea    Mr. Katko..............   Nay
Mr. Carson......................   Yea    Mr. Babin..............   Nay
Ms. Titus.......................   Yea    Mr. Graves of LA.......   Nay
Mr. Maloney of NY...............   Yea    Mr. Rouzer.............   Nay
Mr. Huffman.....................   Yea    Mr. Bost...............   Nay
Ms. Brownley....................   Yea    Mr. Weber of TX........   Nay
Ms. Wilson of FL................   Yea    Mr. LaMalfa............   Nay
Mr. Payne.......................   Yea    Mr. Westerman..........   Nay
Mr. Lowenthal...................   Yea    Mr. Mast...............   Nay
Mr. DeSaulnier..................   Yea    Mr. Gallagher..........   Nay
Mr. Lynch.......................   Yea    Mr. Fitzpatrick........   Yea
Mr. Carbajal....................   Yea    Miss Gonzalez-Colon....   Nay
Mr. Brown.......................   Yea    Mr. Balderson..........   Nay
Mr. Malinowski..................   Yea    Mr. Stauber............   Nay
Mr. Stanton.....................   Yea    Mr. Burchett...........   Nay
Mr. Allred......................   Yea    Mr. Johnson of SD......   Nay
Ms. Davids of KS................   Yea    Mr. Van Drew...........   Nay
Mr. Garcia of IL................   Yea    Mr. Guest..............   Nay
Mr. Delgado.....................   Yea    Mr. Nehls..............   Nay
Mr. Pappas......................   Yea    Ms. Mace...............   Nay
Mr. Lamb........................   Yea    Ms. Malliotakis........   Nay
Mr. Moulton.....................   Yea    Ms. Van Duyne..........   Nay
Mr. Auchincloss.................   Yea    Mr. Gimenez............   Nay
Ms. Bourdeaux...................   Yea    Mrs. Steel.............   Nay
Mr. Kahele......................   Yea
Ms. Strickland..................   Yea
Ms. Williams of GA..............   Yea
Ms. Newman......................   Yea
Mr. Carter......................   Yea
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 33

On: Agreeing to Amendment #1BB offered by Mr. Nehls
Not Agreed to: 31 yeas and 37 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............   Yea
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Yea
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Yea
Mr. Carson......................   Nay    Mr. Babin..............   Yea
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Yea
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Yea
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Yea
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Yea
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........   Yea
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Yea
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 34

On: Agreeing to Amendment #1JJ offered by Mr. Perry
Not Agreed to: 12 yeas and 50 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Nay-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Nay
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............  .....
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Nay
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Nay
Mr. Carson......................   Nay    Mr. Babin..............   Nay
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Nay
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Nay
Mr. Huffman.....................   Nay    Mr. Bost...............   Nay
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................   Nay    Mr. LaMalfa............   Nay
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Yea
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Nay
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Nay
Mr. Brown.......................   Nay    Mr. Balderson..........   Nay
Mr. Malinowski..................   Nay    Mr. Stauber............   Nay
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................  .....   Mr. Van Drew...........   Nay
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............  .....
Mr. Pappas......................  .....   Ms. Mace...............  .....
Mr. Lamb........................   Nay    Ms. Malliotakis........  .....
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Nay
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 35

On: Agreeing to Amendment #1XXX offered by Mr. Perry
Not Agreed to: 14 yeas and 46 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Nay-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............  .....
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Nay
Mr. Johnson of GA...............  .....   Mr. Katko..............   Nay
Mr. Carson......................   Nay    Mr. Babin..............  .....
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............  .....
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................  .....   Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Nay
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Nay
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Nay
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Nay
Mr. Brown.......................   Nay    Mr. Balderson..........   Nay
Mr. Malinowski..................   Nay    Mr. Stauber............   Nay
Mr. Stanton.....................   Nay    Mr. Burchett...........  .....
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Nay
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............  .....
Mr. Lamb........................   Nay    Ms. Malliotakis........  .....
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Nay
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 36

On: Agreeing to Amendment #1DDDD offered by Mr. Perry
Not Agreed to: 19 yeas and 45 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............  .....
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Nay
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Nay
Mr. Carson......................   Nay    Mr. Babin..............  .....
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Yea
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Yea
Mr. Huffman.....................   Nay    Mr. Bost...............   Nay
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................  .....   Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Yea
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Nay
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Nay
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Nay
Mr. Brown.......................   Nay    Mr. Balderson..........   Yea
Mr. Malinowski..................   Nay    Mr. Stauber............   Nay
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Yea
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Nay
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........  .....
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Yea
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Nay
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 37

On: Agreeing to Amendment #1EEEE offered by Mr. Perry
Not Agreed to: 12 yeas and 52 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Nay-
                                          Ranking Member.
Ms. Norton......................   Nay    Mr. Young..............  .....
Ms. Johnson of TX...............   Nay    Mr. Crawford...........   Yea
Mr. Larsen of WA................   Nay    Mr. Gibbs..............   Yea
Mrs. Napolitano.................   Nay    Mr. Webster............   Yea
Mr. Cohen.......................   Nay    Mr. Massie.............  .....
Mr. Sires.......................   Nay    Mr. Perry..............   Yea
Mr. Garamendi...................   Nay    Mr. Rodney Davis of IL.   Nay
Mr. Johnson of GA...............   Nay    Mr. Katko..............   Nay
Mr. Carson......................   Nay    Mr. Babin..............  .....
Ms. Titus.......................   Nay    Mr. Graves of LA.......   Nay
Mr. Maloney of NY...............   Nay    Mr. Rouzer.............   Nay
Mr. Huffman.....................   Nay    Mr. Bost...............   Nay
Ms. Brownley....................   Nay    Mr. Weber of TX........   Yea
Ms. Wilson of FL................  .....   Mr. LaMalfa............   Yea
Mr. Payne.......................   Nay    Mr. Westerman..........   Nay
Mr. Lowenthal...................   Nay    Mr. Mast...............   Yea
Mr. DeSaulnier..................   Nay    Mr. Gallagher..........   Nay
Mr. Lynch.......................   Nay    Mr. Fitzpatrick........   Nay
Mr. Carbajal....................   Nay    Miss Gonzalez-Colon....   Nay
Mr. Brown.......................   Nay    Mr. Balderson..........   Nay
Mr. Malinowski..................   Nay    Mr. Stauber............   Nay
Mr. Stanton.....................   Nay    Mr. Burchett...........   Yea
Mr. Allred......................   Nay    Mr. Johnson of SD......   Nay
Ms. Davids of KS................   Nay    Mr. Van Drew...........   Nay
Mr. Garcia of IL................   Nay    Mr. Guest..............   Yea
Mr. Delgado.....................   Nay    Mr. Nehls..............   Yea
Mr. Pappas......................   Nay    Ms. Mace...............   Yea
Mr. Lamb........................   Nay    Ms. Malliotakis........  .....
Mr. Moulton.....................   Nay    Ms. Van Duyne..........   Nay
Mr. Auchincloss.................   Nay    Mr. Gimenez............   Nay
Ms. Bourdeaux...................   Nay    Mrs. Steel.............   Yea
Mr. Kahele......................   Nay
Ms. Strickland..................   Nay
Ms. Williams of GA..............   Nay
Ms. Newman......................   Nay
Mr. Carter......................   Nay
------------------------------------------------------------------------


Committee on Transportation and Infrastructure Roll Call Vote 
No. 38

On: Ordering H.R. 3684 to be reported to the House, favorably, as amended
Agreed to: 38 yeas and 26 nays.
 


------------------------------------------------------------------------
        Majority Members           Vote      Minority Members       Vote
------------------------------------------------------------------------
 
Mr. DeFazio, Chair..............-- Yea--- Mr. Graves of MO,-------- Nay-
                                          Ranking Member.
Ms. Norton......................   Yea    Mr. Young..............  .....
Ms. Johnson of TX...............   Yea    Mr. Crawford...........   Nay
Mr. Larsen of WA................   Yea    Mr. Gibbs..............   Nay
Mrs. Napolitano.................   Yea    Mr. Webster............   Nay
Mr. Cohen.......................   Yea    Mr. Massie.............  .....
Mr. Sires.......................   Yea    Mr. Perry..............   Nay
Mr. Garamendi...................   Yea    Mr. Rodney Davis of IL.   Nay
Mr. Johnson of GA...............   Yea    Mr. Katko..............   Nay
Mr. Carson......................   Yea    Mr. Babin..............  .....
Ms. Titus.......................   Yea    Mr. Graves of LA.......   Nay
Mr. Maloney of NY...............   Yea    Mr. Rouzer.............   Nay
Mr. Huffman.....................   Yea    Mr. Bost...............   Nay
Ms. Brownley....................   Yea    Mr. Weber of TX........   Nay
Ms. Wilson of FL................  .....   Mr. LaMalfa............   Nay
Mr. Payne.......................   Yea    Mr. Westerman..........   Nay
Mr. Lowenthal...................   Yea    Mr. Mast...............   Nay
Mr. DeSaulnier..................   Yea    Mr. Gallagher..........   Nay
Mr. Lynch.......................   Yea    Mr. Fitzpatrick........   Yea
Mr. Carbajal....................   Yea    Miss Gonzalez-Colon....   Yea
Mr. Brown.......................   Yea    Mr. Balderson..........   Nay
Mr. Malinowski..................   Yea    Mr. Stauber............   Nay
Mr. Stanton.....................   Yea    Mr. Burchett...........   Nay
Mr. Allred......................   Yea    Mr. Johnson of SD......   Nay
Ms. Davids of KS................   Yea    Mr. Van Drew...........   Nay
Mr. Garcia of IL................   Yea    Mr. Guest..............   Nay
Mr. Delgado.....................   Yea    Mr. Nehls..............   Nay
Mr. Pappas......................   Yea    Ms. Mace...............   Nay
Mr. Lamb........................   Yea    Ms. Malliotakis........  .....
Mr. Moulton.....................   Yea    Ms. Van Duyne..........   Nay
Mr. Auchincloss.................   Yea    Mr. Gimenez............   Nay
Ms. Bourdeaux...................   Yea    Mrs. Steel.............   Nay
Mr. Kahele......................   Yea
Ms. Strickland..................   Yea
Ms. Williams of GA..............   Yea
Ms. Newman......................   Yea
Mr. Carter......................   Yea
------------------------------------------------------------------------

                      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.

               New Budget Authority and 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 Chairman 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 Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    Performance Goals and Objectives

    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 2026, 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. 3684 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 the 
following congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(e), 9(f), or 
9(g) of the Rule XXI.
    The projects noted in the table below are included in 
section 107 of Division A of the bill.

                    Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits
----------------------------------------------------------------------------------------------------------------
                                                         Project                        Location
                                        ----------------------------------------------------------------
   No.                Member                                                                   State/     Amount
                                                Name               Sponsor          City      Territory
----------------------------------------------------------------------------------------------------------------
      1                     Young, Don    Cowles Street       Fairbanks Area      Fairbanks   AK          795500
                                          Reconstruction      Surface                                     0
                                                              Transportation
                                                              Planning
      2                     Young, Don    Replace Bridge      Alaska Railroad     Anchorage   AK          642120
                                          114.3               Corporation                                 0
      3                     Young, Don    Seldon Road         Matanuska-Susitna   Wasilla     AK          562380
                                          Extension, Phase    Borough (MSB),                              0
                                          2                   Alaska
      4               Aderholt, Robert    Alabama State       City of Southside   Southside   AL          239620
                                          Highway 77                                                      0
                                          Northbound Bridge
                                          Replacement
                                          Project
      5                   Rogers, Mike    Lighting and        City of Auburn      Auburn      AL          184000
                                          Landscaping on I-                                               0
                                          85 at Exit 57
      6                   Rogers, Mike    Realignment of SR-  Alabama             Roanoke     AL          800500
                                          22 to US-431        Department of                               0
                                                              Transportation
      7               Aderholt, Robert    Red Bay             Alabama             Red Bay     AL          860000
                                          Interchange         Department of
                                          Lighting at SR-24   Transportation
                                          (Corr V) and SR-
                                          19
      8                   Rogers, Mike    Widening of Hwy     Alabama             Moody       AL          509000
                                          411                 Department of
                                                              Transportation
      9               Sewell, Terri A.    Bridge              Montgomery MPO      Montgomer   AL          233971
                                          Replacement on CR-                      y                       7
                                          39
     10               Sewell, Terri A.    Bridge              ALDOT               Greene      AL          329696
                                          Replacement over                        and                     3
                                          Sipsey River                            Pickens
                                                                                  Counties
     11               Sewell, Terri A.    Dallas County--     ALDOT               Dallas      AL          623993
                                          Bridge                                  County                  9
                                          Replacement on SR-
                                          14
     12               Sewell, Terri A.    Resurfacing on US-  ALDOT               Marengo     AL          161600
                                          43                                      County                  0
     13               Sewell, Terri A.    Resurfacing on US-  ALDOT               Choctaw     AL          161600
                                          84                                      County                  0
     14               Sewell, Terri A.    Streetscape--Civi   City of             Birmingha   AL          200000
                                          l Rights District   Birmingham DoT      m                       0
                                          Freedom Trail
     15               Sewell, Terri A.    Streetscape--Rich   Birmingham DOT      Birmingha   AL          196966
                                          ard Arrington                           m                       4
                                          Blvd Safety
                                          Improvements
     16                 Crawford, Rick    Future I-57         Arkansas            Clay        AR          200000
                                                              Department of       County                  00
                                                              Transportation
     17                  Stanton, Greg    56th Street         City of Phoenix     Phoenix     AZ          500000
                                          Roadway Mobility                                                0
                                          and Safety
                                          Improvements
     18   .............................   5th/6th Street      City of Tucson      Tucson      AZ          700000
                                          Complete Streets    Department of                               0
                                          Project             Transportation
                                                              and Mobility
                     Grijalva, Raul M.   ..................  ..................  ..........  ..........   350000
                                                                                                          0
                      Kirkpatrick, Ann   ..................  ..................  ..........  ..........   350000
                                                                                                          0
     19                  Stanton, Greg    77th Street         City of             Scottsdal   AZ          110274
                                          Access              Scottsdale          e                       8
                                          Improvements
     20               Kirkpatrick, Ann    Chino Road          City of Douglas     Douglas     AZ          291000
                                          Extension Phase                                                 0
                                          II
     21                 Gallego, Ruben    Cool Pavement       City of Phoenix     Phoenix     AZ          320000
                                          Program                                                         0
     22               Kirkpatrick, Ann    Davis Road          Cochise County      Tombstone   AZ          400000
                                          Mileposts 5 & 13                        and                     0
                                                                                  McNeal
     23                 Gallego, Ruben    Downtown Electric   City of Phoenix     Phoenix     AZ          240000
                                          Vehicle Charging                                                0
                                          Stations
     24              Grijalva, Raul M.    Drexel Road         City of Tucson      Tucson      AZ          500000
                                          Extension and       Department of                               0
                                          Bridge Project      Transportation
                                                              and Mobility
     25                O'Halleran, Tom    Electric Bus        Northern Arizona    Flagstaff   AZ          148500
                                          Infrastructure      Intergovernmental                           0
                                                              Public
                                                              Transportation
                                                              Authority
     26                 Gallego, Ruben    Flashing Yellow     City of Glendale    Glendale    AZ          800000
                                          Arrow (FYA) Phase
                                          III
     27                 Gallego, Ruben    Grand Canalscape    City of Phoenix     Phoenix     AZ          500000
                                          Improvements                                                    0
                                          Phase IV: 47th
                                          Avenue to
                                          Interstate 17
     28                 Gallego, Ruben    Highline Canal      Town of Guadalupe   Guadalupe   AZ          501824
                                          Recreational Path
                                          Lighting
                                          Replacement
     29                  Stanton, Greg    I-10, Loop 202 to   Arizona             Phoenix     AZ          500000
                                          SR 387              Department of                               0
                                                              Transportation
     30                 Gallego, Ruben    Intersection        City of Phoenix     Phoenix     AZ          576000
                                          Safety                                                          0
                                          Improvements at
                                          Six High-Crash
                                          Locations in
                                          Phoenix
     31                  Stanton, Greg    Kyrene Branch       City of Chandler    Chandler    AZ          175800
                                          Canal Shared Use                                                0
                                          Path
     32                O'Halleran, Tom    Lone Tree           City of Flagstaff   Flagstaff   AZ          800000
                                          Corridor                                                        0
     33              Grijalva, Raul M.    Pathway Project,    City of Nogales     Nogales     AZ          122016
                                          Baffert Dr to                                                   9
                                          Nogales High
                                          School
     34                O'Halleran, Tom    Peters Road         City of Casa        Casa        AZ          500000
                                          Widening            Grande              Grande                  0
     35              Grijalva, Raul M.    San Xavier Road     San Xavier          Tucson      AZ          814000
                                          Pedestrian          District of the
                                          Pathway Project     Tohono O-odham
                                                              Nation
     36               Kirkpatrick, Ann    Sonoran Corridor    Arizona DOT         Tucson      AZ          500000
                                          Tier II EIS                                                     0
     37              Grijalva, Raul M.    South Campbell      City of Tucson      Tucson      AZ          620983
                                          Avenue Complete     Department of                               1
                                          Streets Project     Transportation
                                                              and Mobility
     38                  Stanton, Greg    Tempe/Mesa          Cities of Tempe     Tempe and   AZ          400000
                                          Streetcar Rio       and Mesa            Mesa                    0
                                          Salado East
                                          Extension
     39   .............................   Tucson Regional     City of Tucson      Tucson      AZ          651200
                                          North-South Bus     Department of                               0
                                          Rapid Transit       Transportation
                                          (BRT) Corridor      and Mobility
                     Grijalva, Raul M.   ..................  ..................  ..........  ..........   325600
                                                                                                          0
                      Kirkpatrick, Ann   ..................  ..................  ..........  ..........   325600
                                                                                                          0
     40   .............................   US89/ Lake Powell   City of Page        Page        AZ          500000
                                          Blvd Roundabout                                                 0
                       O'Halleran, Tom   ..................  ..................  ..........  ..........   250000
                                                                                                          0
                         Stanton, Greg   ..................  ..................  ..........  ..........   250000
                                                                                                          0
     41                     Kim, Young    California State    Los Angeles         Diamond     CA          180000
                                          Route 57/60         County              Bar                     00
                                          Confluence          Metropolitan
                                          Chokepoint Relief   Authority
                                          Program
     42                               LaM Cohasset Road       County of Butte     Cohasset    CA          900000
                                          Widening and Fire
                                          Safety Project
     43                   Garcia, Mike    Commerce Center     Los Angeles         Unincorpo   CA          366666
                                          Drive Bridge, Los   County, Santa       rated Los               6
                                          Angeles County      Clarita Valley      Angeles
                                                              Economic            County
                                                              Development
                                                              Corporation
     44                    Correa, J. Lui Creating the Next-  City of Santa Ana   Santa Ana   CA          128000
                                          Generation Santa                                                0
                                          Ana Regional
                                          Transportation
                                          Center
     45                 Obernolte, Jay    First Avenue        San Bernardino      Barstow     CA          700000
                                          Bridges             County                                      0
                                          Replacement over    Transportation
                                          Mojave River and    Authority
                                          Overflows
     46                    Correa, J. Lui First Street        City of Santa Ana   Santa Ana   CA          400000
                                          Pedestrian                                                      0
                                          Improvements
     47                               LaM Fix 5 Cascade       Shasta Regional     Redding     CA          150000
                                          Gateway             Transportation                              00
                                                              Agency
     48                    Correa, J. Lui Harbor Boulevard    City of Garden      Garden      CA          624830
                                          Street              Grove               Grove                   3
                                          Improvements
     49                    Correa, J. Lui Intersection        City of Anaheim     Anaheim     CA          750000
                                          Safety
                                          Improvements
                                          Projects
     50                 Obernolte, Jay    Interstate 10/      City of Yucaipa     Yucaipa     CA          100000
                                          Wildwood Canyon                                                 0
                                          Road Interchange
                                          Project
     51                  Issa, Darrell    Interstate 15 (I-   San Diego           Escondido   CA          200000
                                          15)/State Route     Association of                              00
                                          78 (SR-78)          Government
                                          Managed Lanes
                                          Project
     52                   Calvert, Ken    Interstate 15       Riverside County    Corona      CA          300000
                                          Corridor            Transportation                              0
                                          Operations          Commission
                                          Project
     53                 Obernolte, Jay    National Trail      City of             Victorvil   CA          500000
                                          Highway Widening    Victorville         le                      0
     54                   Garcia, Mike    Plant 42 Access     City of Palmdale,   Palmdale    CA          866666
                                          and Safety          CA                                          6
                                          Enhancements
     55                   Garcia, Mike    Quick Fix           North Los Aneles    Santa       CA          366666
                                          Circulation         County              Clarita                 6
                                          Improvement         Transportation
                                          Project             Coalition
     56                               LaM Roe Roadg           Town of Paradise    Paradise    CA          180000
                                          Extension                                                       0
                                          Project--Phase 1
     57                   Calvert, Ken    Scott Road/Bundy    City of Menifee     Menifee     CA          120000
                                          Canyon Road                                                     00
                                          Widening Project
     58                   Garcia, Mike    Sequoia Avenue      City of Simi        Simi        CA          400000
                                          Railroad Grade      Valley, CA          Valley                  0
                                          Crossing Upgrade
     59                               LaM Southgate           City of Chico       Chico       CA          180000
                                          Interchange (EIR                                                0
                                          Only)
     60                 Obernolte, Jay    SR-210 5th Street   City of Highland    Highland    CA          300000
                                          Interchange                                                     0
     61                 Valadao, David    State Route 41      Fresno Council of   Fresno      CA          200000
                                          Excelsior           Governments/        County                  00
                                          Corridor Project    Fresno County
                                                              Transportation
                                                              Authority
     62                   Calvert, Ken    Temescal Canyon     Riverside County    Corona      CA          500000
                                          Road Widening       Transportation                              0
                                          Project (El         and Land
                                          Cerrito Segment)    Management Agency
     63                    Correa, J. Lui The Anaheim Way:    City of Anaheim     Anaheim     CA          650000
                                          Night Owl Transit
                                          Service
     64                    Correa, J. Lui Transit Security    Orange County       Anaheim     CA          500000
                                          & Operations        Transportation                              0
                                          Center              Authority
     65                 Obernolte, Jay    US395 Olancha-      Inyo County Local   Olancha,    CA          200000
                                          Cartago 4 Lane      Transportation      Cartago                 0
                                          Project             Commission
     66                  Aguilar, Pete   I'' Street           Omnitrans           San         CA          200000
                                          Operating                               Bernardin               0
                                          Maintenance                             o
                                          Facility
                                          Rehabilitation
                                          Project
     67                 Speier, Jackie    Street              City of Daly City   Daly City   CA          100000
                                          Resurfacing                                                     0
                                          Project
     68   .............................   5 and 134 Freeway   City of Burbank     Burbank     CA          100000
                                          Electric Vehicle                                                0
                                          DC Fast Charging
                                          Network
                       Schiff, Adam B.   ..................  ..................  ..........  ..........   500000
                         Sherman, Brad   ..................  ..................  ..........  ..........   500000
     69                   Harder, Josh    7th Street Bridge   Stanislaus County   Modesto     CA          650000
                                                                                                          0
     70         Barragan, Nanette Diaz    ADA Curb-Ramp and   City of Long        Long        CA          145000
                                          Sidewalk            Beach               Beach                   0
                                          Improvements
     71   .............................   Additional Mini     Caltrain            San         CA          856000
                                          Highs at Caltrain                       Francisco
                                          Stations                                ,
                                                                                  Burlingam
                                                                                  e, San
                                                                                  Mateo,
                                                                                  Belmont,
                                                                                  Palo
                                                                                  Alto,
                                                                                  Mountain
                                                                                  View,
                                                                                  Sunnyvale
                                                                                  , San
                                                                                  Jose,
                                                                                  Morgan
                                                                                  Hill, San
                                                                                  Martin,
                                                                                  and
                                                                                  Gilroy
                        Eshoo, Anna G.   ..................  ..................  ..........  ..........   306000
                                      Lof..................  ..................  ..........  ..........   550000
     72                     Khanna, Ro    Agnew Siding        Capitol Corridor    Santa       CA          661000
                                          Track               Joint Powers        Clara                   0
                                          Infrastructure      Authority
                                          Project
     73                  Aguilar, Pete    Alder Avenue        City of Rialto      Rialto      CA          238000
                                          Improvements at                                                 0
                                          SR-210
     74                      Chu, Judy    Altadena            County of Los       Altadena    CA          480000
                                          Community Safe      Angeles
                                          Routes to School    Department of
                                          Plan                Public Works
     75           Napolitano, Grace F.    Amar Road           Los Angeles         La Puente   CA          225000
                                          Complete Streets    County                                      0
                                          from Baldwin Park
                                          Boulevard to
                                          Unruh Avenue,
                                          Unincorporated
                                          West Puente
                                          Valley, CA
     76                               Low Anaheim Street      City of Long        Long        CA          120000
                                          Corridor            Beach               Beach                   00
                                          Improvements
     77                McNerney, Jerry    Antioch Bicycle     Contra Costa        Antioch     CA          200000
                                          Garden              Transporation                               0
                                                              Authority
     78               DeSaulnier, Mark    Appian Way          Contra Costa        El          CA          200000
                                          Pedestrian          County Public       Sobrante                0
                                          Crossing            Works Dept.
                                          Enhancements
     79                      Bera, Ami    Arcade-Cripple      City of Citrus      Citrus      CA          110000
                                          Creek Trail         Heights             Heights                 0
                                          (formerly                               and
                                          Electric Greenway                       Orangeval
                                          Trail)                                  e
     80           Napolitano, Grace F.    Arrow Highway       City of Azusa       Azusa       CA          300000
                                          Median Island                                                   0
                                          Installation
                                          Project from
                                          Azusa Avenue to
                                          Citrus Avenue
     81           Napolitano, Grace F.    Arrow Highway       San Dimas CA        San Dimas   CA          160000
                                          Rehabilitation                                                  0
                                          Project from East
                                          City Limit to
                                          West City Limit
     82         Barragan, Nanette Diaz    Artesia Great       City of Long        Long        CA          800000
                                          Boulevard           Beach               Beach                   0
     83                 Speier, Jackie    At-grade Caltrain   City of San Mateo   San Mateo   CA          300000
                                          Crossing Safety                                                 0
                                          Project--E.
                                          Bellevue Avenue
                                          and Villa Terrace
     84                Roybal-Allard, Luc Atlantic Avenue     CIty of Bell        Los         CA          520000
                                          Improvements                            Angeles                 0
     85                     Costa, Jim    Atwater-Merced      County of Merced    Merced      CA          200000
                                          Expressway (AME)                                                0
                                          Phase 1B Right of
                                          Way acquisition
     86           Napolitano, Grace F.    Azusa Avenue        West Covina, CA     West        CA          300000
                                          Pedestrian                              Covina                  0
                                          Handicap
                                          Accessibility &
                                          Signal
                                          Synchronization
                                          Improvements
                                          Project
     87                               Lee Bay Bridge          Metropolitan        Emeryvill   CA          300000
                                          Forward--I-80/      Transportation      e and                   0
                                          Powell Street       Commission          Oakland
                                          Transit Access
                                          and I-80
                                          Westbound Bus
                                          Lane Extension
     88                               Lee Bay Trail at        City of San         San         CA          300000
                                          Shoreline Park      Leandro             Leandro                 0
     89                 Huffman, Jared    Bay Trail           Metropolitan        Sausalito   CA          130000
                                          Connectivity-Vist   Transportation                              0
                                          a Point Bay Trail   Commission
     90                 Speier, Jackie    Belmont Alameda     City of Belmont     Belmont     CA          240000
                                          de las Pulgas                                                   0
                                          Corridor Project
     91                Schiff, Adam B.    Beverly and         City of West        West        CA          300000
                                          Robertson           Hollywood           Hollywood               0
                                          Boulevards
                                          Complete Street
                                          Improvements
     92                 Eshoo, Anna G.    Boulder Creek       Santa Cruz County   Boulder     CA          150000
                                          Complete Streets    Regional            Creek                   0
                                          Improvements        Transportation
                                          Project             Commission
     93                Schiff, Adam B.    Broadway            City of Glendale    Glendale    CA          200800
                                          Rehabilitation                                                  0
                                          Project
     94             Carbajal, Salud O.    Build a non-        The San Luis        Cayucos     CA          400000
                                          motorized multi-    Obispo Council of                           0
                                          use path along      Governments
                                          State Route 1,
                                          connecting the
                                          communities of
                                          Morro Bay and
                                          Cayucos in San
                                          Luis Obispo
                                          County
     95                   Vargas, Juan    Bus/Rail Support    San Diego           San Diego   CA          200000
                                          Facilities and      Metropolitan                                0
                                          Equipment           Transit System
                                          (Trolley Yard       (MTS)
                                          Expansion
                                          Project)
     96                               Low Cabrillo Mole       City of Avalon      Avalon      CA          670000
                                          Phase II                                                        0
     97                               Lof Caltrain Crossing   Peninsula           San Jose    CA          315000
                                          Optimization        Corridor Joint
                                          Project             Powers Board
                                                              (Caltrain)
     98               DeSaulnier, Mark    Camino Pablo        City of Orinda      Orinda      CA          528000
                                          Pathway
                                          Rehabilitation
                                          Project
     99                      Bera, Ami    Capital SouthEast   Capital SouthEast   Folsom      CA          200000
                                          Connector--Segmen   Connector Joint                             0
                                          t D3 Class 1        Powers Authority
                                          Multi-Use Path
                                          and Broadband
    100                               Lee Central Avenue      City of Alameda     Alameda     CA          180000
                                          Safety                                                          0
                                          Improvement
                                          Project--Addition
                                          al Roundabout
    101   .............................   Central Mobility    San Diego           San Diego   CA          250000
                                          Hub Pre-            Association of                              00
                                          Construction        Governments
                                          Project             (SANDAG)
                          Jacobs, Sara   ..................  ..................  ..........  ..........   125000
                                                                                                          00
                         Peters, Scott   ..................  ..................  ..........  ..........   125000
                                                                                                          00
    102                  Sherman, Brad    Chandler Blvd       City of Los         Los         CA          400000
                                          Bike Path Gap       Angeles--Bureau     Angeles
                                          Closure             of Street
                                                              Services
    103                               Low Chapman Avenue/     City of Garden      Garden      CA          400000
                                          Lamplighter         Grove               Grove
                                          Street Traffic
                                          Signal
    104                 Thompson, Mike    Chip Seal Program   County of Lake      Lakeport    CA          228800
                                                                                                          0
    105                Brownley, Julia    City of Ojai        City of Ojai        Ojai        CA          440000
                                          Electric Trolley
    106                 Cardenas, Tony    City of San         City of San         City of     CA          134000
                                          Fernando Fixed      Fernando            San                     0
                                          Trolley Service--                       Fernando
                                          Electric Buses
    107                 Cardenas, Tony    City of San         City of San         City of     CA          844800
                                          Fernando Sidewalk   Fernando            San
                                          Repair Project                          Fernando
    108                               Lev City of Vista       City of Vista       Vista       CA          820368
                                          Sidewalk
                                          Improvement
                                          Project on Nevada
                                          Avenue and Lemon
                                          Avenue
    109                Schiff, Adam B.    Community           City of Vista       Glendale    CA          240000
                                          Beautification                                                  0
                                          Project
    110                  Sherman, Brad    Cool Neighborhood   City of Los         Los         CA          100000
                                          Projects            Angeles--Bureau     Angeles                 0
                                                              of Street
                                                              Services
    111           Napolitano, Grace F.    Covina Grade        City of Covina      Covina      CA          300000
                                          Crossing Safety                                                 0
                                          Projects
                                          throughout
                                          Metrolink
                                          Corridor
    112                Roybal-Allard, Luc Cudahy Citywide     Los Angeles         Cudahy      CA          170000
                                          Complete Streets    County                                      0
                                          Improvement         Metropolitan
                                          Project             Transportation
                                                              Authority
                                                              (Metro).
    113                McNerney, Jerry    CUFC--Washington    Port of Stockton    Stockton    CA          120000
                                          Street Widening                                                 0
                                          Project
    114                    Bass, Karen    Culver CityBus      City of Culver      Culver      CA          350000
                                          Fleet               City                City                    0
                                          Electrification     Transportation
                                          Facility            Department
                                          Infrastructure
    115                      Sanchez, Lin Del Amo Boulevard   City of Cerritos,   Cerritos    CA          180000
                                          Bridge              California                                  00
                                          Replacement and
                                          Signal
                                          Enhancements
                                          Project
    116                    Bass, Karen    Destination         City of Los         Los         CA          760000
                                          Crenshaw            Angeles Bureau of   Angeles                 0
                                          Streetscape         Engineering
                                          Improvement
                                          Project
    117                  Peters, Scott    Downtown Mobility   City of San Diego   San Diego   CA          560000
                                          Phase 3A                                                        0
    118           Napolitano, Grace F.    Duarte--Donald &    Duarte, CA          Duarte      CA          122500
                                          Bernice Watson                                                  0
                                          Multi-Use Pathway
                                          Improvement
                                          Project
    119                 Speier, Jackie    East Bayshore       City of East Palo   East Palo   CA          100000
                                          Road Safety         Alto                Alto                    0
                                          Improvements
    120                   Gomez, Jimmy    East Los Angeles    Los Angeles         Los         CA          800000
                                          Community           County Public       Angeles
                                          Mobility            Works
    121                               Lee East Oakland        Alameda-Contra      Oakland     CA          200000
                                          Hydrogen Fueling    Costa Transit                               0
                                          Upgrade             District (AC
                                                              Transit)
    122                 Cardenas, Tony    East San Fernando   City of Los         Van Nuys    CA          179731
                                          Valley Traffic      Angeles and the     and North               2
                                          Signals on the      Los Angeles         Hollywood
                                          High Injury         Department of
                                          Network             Transportation
    123                 Cardenas, Tony    East San Fernando   City of Los         Van Nuys,   CA          123600
                                          Valley Transit      Angeles             Arleta,                 0
                                          Corridor (ESFVTC)                       Pacoima
                                          Transit-Oriented
                                          Community (TOC)
                                          Plan
    124                 Cardenas, Tony    East San Fernando   Los Angeles         City of     CA          100000
                                          Valley Transit      County              San                     00
                                          Corridor Project    Metropolitan        Fernando
                                                              Transportation      to Van
                                                              Authority           Nuys
    125                               Lof East San Jose       City of San Jose    San Jose    CA          470000
                                          Corridor Safety     Dept of                                     0
                                          Improvement         Transportation
                                          Project
    126                               Lev El Camino Real to   City of San Diego   San Diego   CA          250000
                                          Via De LaValle                                                  0
    127               DeSaulnier, Mark    El Cerrito del      City of El          El          CA          224400
                                          Norte Area TOD      Cerrito             Cerrito                 0
                                          Complete Streets
                                          Improvements
                                          Project
    128         Barragan, Nanette Diaz    Electric Vehicle    Housing Authority   San Pedro   CA          120650
                                          Car Share Program   of the City of
                                                              Los Angeles
    129                     Costa, Jim    Elm Avenue Road     City of Fresno      Fresno      CA          375000
                                          Diet                                                            0
                                          Reconstruction
                                          and Class IV-
                                          Ventura/
                                          California to
                                          North Avenue
    130                  Pelosi, Nancy    Embarcadero         San Francisco Bay   San         CA          625000
                                          Station Platform    Area Rapid          Francisco               0
                                          Elevator Capacity   Transit (BART)
                                          and Redundancy
                                          Project
    131                      Chu, Judy    Emerald Necklace    County of Los       Arcadia     CA          154880
                                          Quarry Clasp Peck   Angeles,                                    0
                                          Park Trail          Department of
                                                              Public Works
    132                     Khanna, Ro    Evelyn Avenue       City of Sunnyvale   Sunnyvale   CA          380000
                                          Multi-Use Trail                                                 0
    133                Schiff, Adam B.    Flint Canyon        City of La Canada   La Canada   CA          480000
                                          Trail Repair/       Flintridge          Flintridg               0
                                          Restoration                             e
    134                Roybal-Allard, Luc Florence A Line     Los Angeles         Los         CA          400000
                                          FLM Improvements    County              Angeles                 0
    135           Napolitano, Grace F.    Francisquito        Baldwin Park, CA    Baldwin     CA          230000
                                          Avenue Metrolink                        Park                    0
                                          At-Grade Safety
                                          Improvements
    136                 Waters, Maxine    Gardena GTrans      Gardena GTrans      Gardena     CA          440000
                                          Zero-Emission Bus                                               0
                                          Project
    137         Barragan, Nanette Diaz    Garfield Avenue     City of South       San Pedro   CA          150000
                                          Complete Streets    Gate                                        0
    138                      Chu, Judy    Glendora People     City of Glendora    Glendora    CA          500000
                                          Movement                                                        0
    139                      Bera, Ami    Gold Line Light     Sacramento          Folsom      CA          191378
                                          Rail Low Floor      Regional Transit    and                     8
                                          Station             District            Rancho
                                          Conversion                              Cordova
    140                  Pelosi, Nancy    Golden Gate         Golden Gate         San         CA          655000
                                          Bridge Physical     Bridge, Highway     Francisco               0
                                          Suicide Deterrent   and
                                          System (SDS)        Transportation
                                          Project             District
    141                               Lof Hale Avenue/Santa   City of Morgan      Morgan      CA          800000
                                          Teresa Expressway   Hill                Hill
                                          Extension Phase
                                          2A
    142   .............................   Harbor Drive 2.0    Port of San Diego   San Diego   CA          800000
                                                                                  and
                                                                                  National
                                                                                  City
                         Peters, Scott   ..................  ..................  ..........  ..........   400000
                          Vargas, Juan   ..................  ..................  ..........  ..........   400000
    143                 Waters, Maxine    Hawthorne--120th    City of Hawthorne   Hawthorne   CA          950000
                                          Street
                                          Improvement
                                          Project
    144                               Lie High Voltage        City of Los         City of     CA          347200
                                          Conversion Fed      Angeles,            Los
                                          Program Unit 2      Department of       Angeles
                                                              Public Works,
                                                              Bureau of Street
                                                              Lighting
    145                  Aguilar, Pete    Highland Avenue     City of Redlands    Redlands    CA          400000
                                          and Wabash Avenue
                                          Intersection
                                          Improvement
                                          Project
    146                 Speier, Jackie    Highway 1 North     City of Half Moon   Half Moon   CA          100000
                                          Bicycle/            Bay                 Bay                     0
                                          Pedestrian
                                          Improvements
                                          Project
    147                 Thompson, Mike    Highway 116/West    City of Cotati      Cotati      CA          200000
                                          Cotati                                                          0
                                          Intersection
                                          Safety
                                          Improvement
                                          Project
    148               DeSaulnier, Mark    Highway 24          Contra Costa        Orinda      CA          200000
                                          LaMorinda Smart     Transportation      and                     0
                                          Signal System       Authority           Lafayette
                                          project
    149                 Eshoo, Anna G.    Highway 9 Safety    City of Monte       Monte       CA          520000
                                          Improvement         Sereno              Sereno
                                          Project
    150                   Gomez, Jimmy    Highways to         Southern            Los         CA          480000
                                          Boulevards          California          Angeles
                                                              Association of
                                                              Governments
    151               Matsui, Doris O.    I Street Bridge     The City of         Sacrament   CA          150000
                                          Replacement         Sacramento          o and                   00
                                          Project                                 West
                                                                                  Sacrament
                                                                                  o
    152                  Sherman, Brad    I-405 Sepulveda     LA County           Los         CA          500000
                                          Pass (Phase 1)      Metropolitan        Angeles                 0
                                          ExpressLanes        Transportation
                                                              Authority
    153                Garamendi, John    I-505 Vaca Valley   Solano              Vacaville   CA          400000
                                          Parkway Corridor    Transportation                              0
                                          Multimodal          Authority
                                          Improvements
                                          Project
    154                 Waters, Maxine    Inglewood Transit   City of Inglewood   Inglewood   CA          920000
                                          Connector (ITC)                                                 0
    155                   Takano, Mark    Interstate 15       Riverside County    Jurupa      CA          200000
                                          Northern            Transportation      Valley                  00
                                          Extension (I-15     Commission (RCTC)   and
                                          NEXT)               is partnered with   Eastvale
                                                              the San
                                                              Bernardino
                                                              Transportation
                                                              Authority (SBCTA)
    156                Garamendi, John    Jepson Parkway      Solano              Fairfield   CA          746000
                                          Vanden Road         Transportation                              0
                                          Complete Streets    Authority
                                          Project to Travis
                                          Air Force Base
    157                   Gomez, Jimmy    LA Streetcar        Los Angeles         Los         CA          200000
                                          Power Utility       Department of       Angeles                 0
                                          Relocations         Water and Power
    158                 Waters, Maxine    Lawndale--Redondo   City of Lawndale    Lawndale    CA          100000
                                          Beach Blvd                                                      0
                                          Project
    159                Brownley, Julia    Leesdale Passing    Los Angeles--San    Camarillo   CA          600000
                                          Siding Extension    Diego--San Luis                             0
                                          and Upgrade,        Obispo Rail
                                          Ventura County,     Corridor Agency
                                          CA                  and the Ventura
                                                              County
                                                              Transportation
                                                              Commission
    160                               Lev Leucadia            City of Encinitas   Encinitas   CA          400000
                                          Streetscape Phase                                               0
                                          2 (Shown in the
                                          TransNet as North
                                          Coast Highway 101
                                          Beautification)
    161                               Lie Liberty Canyon      California          Agoura      CA          500000
                                          (Crossing)          Natural Resources   Hills                   0
                                                              Agency
    162                   Gomez, Jimmy    Link Union          Los Angeles         Los         CA          500000
                                          Station             County              Angeles                 0
                                                              Metropolitan
                                                              Transportation
                                                              Authority
    163                      Sanchez, Lin Los Nietos          Los Angeles         Unincorpo   CA          480000
                                          Sunshine Shuttle    County              rated Los
                                          Electric Bus        Metropolitan        Nietos
                                          Replacement         Transportation
                                                              Authority
    164                               Lev LOSSAN Corridor     San Diego           Del Mar     CA          125000
                                          Improvements        Association of                              00
                                                              Governments
                                                              (SANDAG)
    165               Torres, Norma J.    Malaga Bridge       City of Fontana     Fontana     CA          150000
                                          Project                                                         00
    166               DeSaulnier, Mark    Market Avenue       Contra Costa        N.          CA          217000
                                          Complete Street     County Public       Richmond                0
                                                              Works Dept.
    167                Schiff, Adam B.    Melrose Avenue      City of West        West        CA          494414
                                          Complete Street     Hollywood           Hollywood               9
                                          Improvements
    168                               Lie Metro Purple Line   City of Beverly     City        CA          500000
                                          Beverly/Wilshire    Hills               Beverly                 0
                                          North Portal                            Hills
                                          Project
    169                 Eshoo, Anna G.    Middle Avenue       City of Menlo       Menlo       CA          650000
                                          Pedestrian/         Park                Park                    0
                                          Bicycle Rail
                                          Crossing Project
    170                     Khanna, Ro    Mission Bl/ Pine    City of Fremont     Fremont     CA          200000
                                          St Safety                                                       0
                                          Improvement
                                          Project
    171               DeSaulnier, Mark    Mobility for All    Contra Costa        N.          CA          200000
                                          Project             County Public       Richmond                0
                                                              Works Dept.         and Bay
                                                                                  Point
    172                               Lie Mobility Wallet     Southern            Los         CA          400000
                                          Demonstration and   California          Angeles                 0
                                          Research Study      Association of      County
                                                              Governments
                                                              (SCAG)
    173                     Ruiz, Raul    Monroe Street       City of Indio       Indio       CA          200000
                                          Interchange                                                     00
                                          Project
    174                 Thompson, Mike    Napa Valley Vine    County of Napa      St.         CA          300000
                                          Trail--Yountville                       Helena                  0
                                          to St. Helena
    175                  Sherman, Brad    New Traffic         City of Los         Los         CA          710000
                                          Signal at           Angeles             Angeles
                                          Morrison and
                                          Sepulveda
    176                  Sherman, Brad    New Traffic         City of Los         Los         CA          710400
                                          Signal at Plummer   Angeles             Angeles
                                          and White Oak
                                          Avenue
    177                     Khanna, Ro    New Traffic         City of Fremont     Fremont     CA          950000
                                          Signal at Scott
                                          Creek Rd/
                                          Zinfandel St
    178                Roybal-Allard, Luc New Transit         City of Commerce    Commerce    CA          200000
                                          Maintenance                                                     0
                                          Facility
    179                     Khanna, Ro    North San Jose      City of San Jose    San Jose    CA          383834
                                          Bike Plan                                                       8
                                          Implementation
    180                               Lee Oakland 7th St      City of Oakland     Oakland     CA          250000
                                          Bike/Ped                                                        0
                                          Improvements
    181                               Lee Oakland Alameda     Alameda County      Oakland     CA          299600
                                          Access Project      Transportation      and                     0
                                                              Commission          Alameda
    182                Brownley, Julia    Ojai Avenue         City of Ojai        Ojai        CA          440000
                                          Pedestrian
                                          Crossing Safety
                                          Lighting
                                          Improvements
    183               Matsui, Doris O.    Old I Street        The City of West    West        CA          415000
                                          Bridge Deck         Sacramento          Sacrament               0
                                          Conversion for                          o
                                          Active
                                          Transportation
                                          Project
    184                      Bera, Ami    Old Town            City of Elk Grove   Elk Grove   CA          200000
                                          Streetscape Phase                                               0
                                          2
    185                Schiff, Adam B.    Olive/Magnolia      City of Burbank     Burbank     CA          200000
                                          Bridge Safety                                                   0
                                          Barrier Rail
                                          Project
    186                   Vargas, Juan    Otay Mesa Truck     City of San Diego   San Diego   CA          130000
                                          Route Phase 4                                                   0
    187                 Huffman, Jared    Overlook and        Tolowa Dee-ni'      Smith       CA          500000
                                          Viewpoint           Nation              River
                                          Improvements to
                                          end of Mouth of
                                          Smith River Road
    188                               Lie Pacific Coast       City of Torrance    City of     CA          652800
                                          Highway at                              Torrance
                                          Crenshaw
                                          Boulevard
                                          Intersection
                                          Capacity
                                          Enhancements
    189           Napolitano, Grace F.    Parkway Drive and   City of El Monte    El Monte    CA          260000
                                          Merced Street                                                   0
                                          Bicycle and
                                          Pedestrian
                                          Improvements
    190                      Chu, Judy    Pedestrian, ADA,    City of Temple      Temple      CA          620000
                                          Traffic Signal      City                City                    0
                                          and Pavement
                                          Improvements
                                          along Bus Routes
    191               Torres, Norma J.    Pine Avenue         City of Chino       Chino       CA          500000
                                          Extension                                                       0
    192                Brownley, Julia    Port of Hueneme     Port of Hueneme/    Oxnard      CA          300000
                                          Intermodal          Oxnard Harbor                               0
                                          Improvement         District
                                          Project to
                                          Modernize the
                                          Port Wharf and
                                          Pier and Cargo
                                          Facilities
    193                               Lee Port of Oakland     Port of Oakland     Oakland     CA          100000
                                          Solar, Battery                                                  0
                                          Storage and
                                          Electric Vehicle
                                          Truck Charger
                                          Deployment
    194           Napolitano, Grace F.    Puddingstone        City of La Verne    La Verne    CA          998000
                                          Drive Bicycle and
                                          Pedestrian
                                          Project
    195             Carbajal, Salud O.    Purchase of         San Luis Obispo     San Luis    CA          500000
                                          eleven Battery-     Regional Transit    Obispo                  0
                                          Electric Buses--    Authority
                                          SLORTA
    196                  Pelosi, Nancy    Quint-Jerrold       San Francisco       San         CA          720000
                                          Connector Road      County              Francisco               0
                                                              Transportation
                                                              Authority
    197                    Bass, Karen    Rail to Rail/       Los Angeles         Los         CA          500000
                                          River Active        County              Angeles                 0
                                          Transportation      Metropolitan
                                          Corridor Project    Transportation
                                                              Authority
    198                  Aguilar, Pete    Reche Canyon Road   City of Colton      Colton      CA          445200
                                          Alignment                                                       0
    199                  Aguilar, Pete    Replacement of      City of San         San         CA          200000
                                          2nd Street Bridge   Bernardino          Bernardin               0
                                          over Warm Creek                         o
    200                 Thompson, Mike    Resilient State     Sonoma County       Sonoma      CA          700000
                                          Route 37 Corridor   Transportation                              0
                                          Enhancement         Authority
                                          Program
    201               DeSaulnier, Mark    Richmond Parkway    Contra Costa        Richmond    CA          100000
                                          Transit Center      Transportation                              0
                                          and Freeway         Authority
                                          Access
                                          Improvements
    202                 Cardenas, Tony    San Fernando Road   City of Los         Sun         CA          594027
                                          Bike Path Phase     Angeles             Valley
                                          III                                     and North
                                                                                  Hollywooo
                                                                                  d
    203                               Lee San Francisco Bay   San Francisco Bay   Oakland,    CA          300000
                                          Area Rapid          Area Rapid          San                     0
                                          Transit (BART)      Transit District    Leandro,
                                          Station Restroom                        Berkeley
                                          and Lighting
                                          Enhancements
    204                               Lof San Francisco Bay   Metropolitan        lameda,     CA          500000
                                          Area regional       Transportation      Contra                  0
                                          advance             Commission          Costa,
                                          mitigation                              and Santa
                                          program                                 Clara
                                                                                  counties
    205                 Thompson, Mike    San Pablo Avenue    City of Pinole      Pinole      CA          742000
                                          Rehabilitation,
                                          City Limits to
                                          Pinole Shores
    206                 Huffman, Jared    San Rafael          City of San         San         CA          200000
                                          Channel Crossing    Rafael              Rafael                  0
                                          Swing Bridge
    207                 Panetta, Jimmy    Santa Cruz METRO    Santa Cruz          Santa       CA          184000
                                          Bus Replacements    Metropolitan        Cruz                    0
                                                              Transit District
    208                 Eshoo, Anna G.    Santa Cruz          Santa Cruz          Santa       CA          505750
                                          Paratransit Vans    Metropolitan        Cruz
                                          Replacement         Transit District
                                          Project
    209                 Eshoo, Anna G.    Saratoga            City of Saratoga    Saratoga    CA          120000
                                          Pedestrian                                                      0
                                          Walkway Project
    210                 Eshoo, Anna G.    Scotts Creek        Santa Cruz County   Unincorpo   CA          350000
                                          Coastal             Regional            rated                   0
                                          Resiliency          Transportation      Santa
                                          Project             Commission          Cruz
                                                                                  County
                                                                                  north of
                                                                                  Davenport
    211   .............................   Sepulveda Transit   Los Angeles         City of     CA          100000
                                          Corridor            County              Los                     00
                                                              Metropolitan        Angeles
                                                              Transportation
                                                              Authority
                                      Lie..................  ..................  ..........  ..........   500000
                                                                                                          0
                         Sherman, Brad   ..................  ..................  ..........  ..........   500000
                                                                                                          0
    212                 Speier, Jackie    Serramonte          Town of Colma       Colma       CA          400000
                                          Boulevard and
                                          Serramonte Center
                                          Driveway Traffic
                                          Signal
    213                 Speier, Jackie    Sharp Park          City of Pacifica    Pacifica    CA          960000
                                          Priority
                                          Development Area
                                          (PDA) Access
                                          Resurfacing
                                          Project
    214                Roybal-Allard, Luc Slauson Avenue      Los Angeles         Huntingto   CA          100000
                                          Congestion          County              n Park                  0
                                                              Metropolitan
                                                              Transportation
                                                              Authority (Metro)
    215                 Huffman, Jared    SMART Russian       Sonoma-Marin Area   Healdsbur   CA          136068
                                          River Rail Bridge   Rail Transit        g                       40
                                          Rehabilitation      District (SMART)
    216                McNerney, Jerry    Solar Energy        San Joaquin         Stockton    CA          530000
                                          Project (Phase 2)   Regional Transit                            0
                                                              District
    217                   Vargas, Juan    SR 86 Improvement   City of Imperial    Imperial    CA          300000
                                          Project                                                         0
    218                Garamendi, John    SR128/I-505         City of Winters,    Winters     CA          854000
                                          Overcrossing (Br.   CA                                          0
                                          22-0110)/Russell
                                          Blvd Bicycle and
                                          Pedestrian
                                          Improvements
    219                   Vargas, Juan    State Route 11/     California          San Diego   CA          125000
                                          Otay Mesa East      Transportation                              00
                                          Port of Entry       Agency, Caltrans,
                                                              San Diego
                                                              Association of
                                                              Governments
    220                   Harder, Josh    State Route 132     Stanislaus          Modesto     CA          120000
                                          West Project        Council of                                  00
                                                              Governments
                                                              (StanCOG)
    221                 Panetta, Jimmy    State Route 25      Council of San      Hollister   CA          100000
                                          Expressway          Benito County                               00
                                          Conversion and      Governments
                                          State Route 25/
                                          156 Interchange
                                          Project
    222                 Thompson, Mike    State Route 37      Solano              Vallejo     CA          400000
                                          and Fairgrounds     Transportation                              0
                                          Drive Interchange   Authority
                                          Improvements
    223                     Costa, Jim    State Route 99      Madera County       Madera      CA          100000
                                          Madera South--      Transportation                              00
                                          Operational         Commission
                                          Improvement
                                          Project
    224                McNerney, Jerry    Stockton Rail       San Joaquin         Stockton    CA          671500
                                          Maintenance         Regional Rail                               0
                                          Facility            Commission
                                          Expansion
    225                  Aguilar, Pete    Sustainable         City of Redlands    Redlands    CA          175663
                                          Mobility                                                        0
                                          Expansion Project
    226                  Sherman, Brad   Tarzana Crossing     City of Los         Tarzana--   CA          500000
                                          Great Streets       Angeles--Bureau     Los
                                          Project             of Street           Angeles
                                                              Services
    227             Carbajal, Salud O.    The Highway 101     Santa Barbara       Santa       CA          110000
                                          Multimodal          County              Barbara                 00
                                          Corridor Project    Association of
                                          from Santa          Governments
                                          Barbara to
                                          Montecito with
                                          improvements on
                                          Highway 101 (SB-
                                          101-PM 9.1/12.3)
                                          and Adjacent
                                          Local Streets
                                          including the
                                          Cabrillo
                                          Boulevard Bicycle
                                          and Pedestrian
                                          Improvement
                                          Project
    228                     Khanna, Ro    Thornton Avenue     City of Newark      Newark      CA          200000
                                          Pavement                                                        0
                                          Rehabilitation
    229                 Waters, Maxine    Torrance to         Torrance Transit    Torrance    CA          443292
                                          Florence Bus                                                    4
                                          Service
    230                  Aguilar, Pete    Track               Southern            City of     CA          200000
                                          Rehabilitation of   California          Rancho                  0
                                          the San             Regional Rail       Cucamonga
                                          Bernardino Line     Authority           ,
                                                                                  Californi
                                                                                  a
                                                                                  spanning
                                                                                  to the
                                                                                  City of
                                                                                  Montclair
                                                                                  ,
                                                                                  Californi
                                                                                  a
                                                                                  including
                                                                                  the
                                                                                  cities of
                                                                                  Rancho
                                                                                  Cucamonga
                                                                                  , Upland,
                                                                                  and
                                                                                  Montclair
    231               DeSaulnier, Mark    Traffic Signal      Contra Costa        Danville,   CA          600000
                                          System Upgrades     Transportation      Walnut                  0
                                          on I-680 Project    Authority           Creek,
                                                                                  Concord,
                                                                                  Pleasant
                                                                                  Hill
    232   .............................   Tri MyRide Fleet    Eastern Contra      Antioch     CA          176000
                                          Expansion Project   Costa Transit                               0
                                                              Authority
                      DeSaulnier, Mark   ..................  ..................  ..........  ..........   880000
                       McNerney, Jerry   ..................  ..................  ..........  ..........   880000
    233                   Gomez, Jimmy    TRI-CONNECT,        Southern            Los         CA          335789
                                          SoCal Freight       California          Angeles                 5
                                          Initiative          Association of
                                                              Governments
    234                Brownley, Julia    U.S. 101 and Del    City of Oxnard      Oxnard      CA          300000
                                          Norte Boulevard                                                 0
                                          Interchange
    235                      Chu, Judy    Union Street        City of Pasadena    Pasadena    CA          160000
                                          Protected Bike                                                  0
                                          Lanes
    236                 Eshoo, Anna G.    US 101 / Woodside   City of Redwood     Redwood     CA          250000
                                          Interchange         City                City                    0
                                          Improvement
    237                 Panetta, Jimmy    US 101 Safety       Transportation      Salinas     CA          200000
                                          Improvements--Sou   Agency for          and                     0
                                          th of Salinas       Monterey County     Chualar
                                                                                  (Monterey
                                                                                  County)
    238                 Panetta, Jimmy    US 101/SR 25        Santa Clara         Gilroy      CA          500000
                                          Interchange Phase   Valley                                      0
                                          2--Santa Teresa     Transportation
                                          Boulevard           Authority
                                          Extension
    239                 Speier, Jackie    US-101 Managed      City/County         San Mateo   CA          100000
                                          Lane Project        Association of                              00
                                          North of I-380      Governments (C/
                                                              CAG) of San Mateo
                                                              County
    240                 Swalwell, Eric    Valley Link--       Tri-Valley--San     Livermore   CA          200000
                                          Implementation of   Joaquin Valley                              00
                                          Sustainability      Regional Rail
                                          Blueprint           Authority
    241                McNerney, Jerry    Vasco Road Safety   Contra Costa        Byron       CA          390500
                                          Improvements        County Public                               0
                                          Phase II            Works
    242   .............................   Vermont Transit     Los Angeles         Los         CA          100000
                                          Corridor            County              Angeles                 00
                                          Improvements        Metropolitan
                                                              Transportation
                                                              Authority
                           Bass, Karen   ..................  ..................  ..........  ..........   390000
                                                                                                          0
                          Gomez, Jimmy   ..................  ..................  ..........  ..........   610000
                                                                                                          0
    243         Barragan, Nanette Diaz    Walnut Park Bus     County of Los       Walnut      CA          120000
                                          Stop Improvements   Angeles             Park                    0
    244         Barragan, Nanette Diaz    Walnut Park         County of Los       Walnut      CA          120000
                                          Pedestrian Plan     Angeles             Park                    0
                                          Implementation
    245                               Lof Warm Springs        City of San Jose    San Jose    CA          770310
                                          Grade Crossing                                                  0
                                          Improvements
    246                               Lee West Berkeley       City of Berkeley    Berkeley    CA          704000
                                          Bicycle and
                                          Pedestrian
                                          Improvements
    247                 Eshoo, Anna G.    West San Jose       City of San Jose    San Jose    CA          328568
                                          Priority Bikeways                                               0
                                          Implementation
                                          Project
    248                Roybal-Allard, Luc West Santa Ana      Los Angeles         Los         CA          500000
                                          Branch Transit      County              Angeles                 0
                                          Corridor            Metropolitan
                                                              Transportation
                                                              Authority (Metro)
    249                  Aguilar, Pete    West Valley         San Bernardino      San         CA          500000
                                          Connector Bus       County              Bernardin               0
                                          Rapid Transit--     Transportation      o
                                          Phase 1, and Zero-  Authority
                                          Emission Bus
                                          Initiative
    250                      Bera, Ami    White Rock Road--   City of Rancho      Rancho      CA          123070
                                          0.5 Miles East of   Cordova, CA         Cordova                 00
                                          Rancho Cordova
                                          Parkway to the
                                          Easterly City
                                          Limits
    251                Brownley, Julia    Widen Central Ave   City of Camarillo   Camarillo   CA          400000
                                          to add new Class                                                0
                                          II Bike Lanes
                                          near U.S. 101 to
                                          the northwest
                                          city limits
    252         Barragan, Nanette Diaz    Wilmington          Port of Los         Wilmingto   CA          100000
                                          Waterfront-Avalon   Angeles             n                       0
                                          Pedestrian Bridge
    253                 Cardenas, Tony    Woodman Ave.        City of Los         Panorama    CA          325659
                                          Pedestrian          Angeles,            City                    1
                                          Improvement         Department of
                                          Project             Public Works,
                                                              Bureau of
                                                              Engineering,
                                                              Bureau of Street
                                                              Services
    254               DeSaulnier, Mark    Ygnacio Valley      City of Walnut      Walnut      CA          100000
                                          Road Project        Creek               Creek                   0
    255                     Costa, Jim    Yosemite Area       Yosemite Area       Merced      CA          225000
                                          Regional            Regional                                    0
                                          Transportation      Transportation
                                          System              System (YARTS) in
                                                              partnership with
                                                              Merced County
                                                              Association of
                                                              Governments
                                                              (MCAG)
    256                Brownley, Julia    Zero Emission Bus   Gold Coast          Oxnard      CA          167500
                                          Replacements,       Transit District                            0
                                          Charging
                                          Infrastructure
                                          and Zero
                                          Emissions Job
                                          Training
    257         Barragan, Nanette Diaz    Zero Emission       Los Angeles         Wilmingto   CA          500000
                                          Buses and           County              n                       0
                                          Charging            Metropolitan
                                          Infrastructure      Transportation
                                                              Authority
    258                      Chu, Judy    Zero Emissions      City of Pasadena    Pasadena    CA          210000
                                          Bus Purchase--                                                  0
                                          Pasadena, CA
    259                 DeGette, Diana    16th St Mall        City and County     Denver      CO          653000
                                          Reconstruction      of Denver                                   0
                                          Program
    260                    Crow, Jason    Aurora Bicycle      The City of         Aurora      CO          800000
                                          and Pedestrian      Aurora
                                          Master Plan
                                          Update
    261                    Neguse, Joe    Big Barnes Ditch    City of Loveland    Loveland    CO          500000
                                          Trail
                                          Improvements
    262                    Neguse, Joe    Cameron Peak Post-  Colorado            Larimer     CO          200000
                                          Fire Emergency      Department of       County                  0
                                          Funding             Transportation
    263                 DeGette, Diana    Central Corridor    Regional            Denver      CO          793000
                                          Rail Replacement    Transportation                              0
                                                              District (RTD)
    264                    Neguse, Joe    CO 9 Widening       Colorado            Summit      CO          100000
                                          from Iron Springs   Department of       County                  0
                                          to Frisco           Transportation
    265                    Crow, Jason    Easter/Havana       City of             Centennia   CO          600000
                                          Intersection        Centennial          l                       0
                                          Improvements
    266                    Neguse, Joe    Eisenhower          Colorado            Dillon      CO          400000
                                          Johnson Memorial    Department of                               0
                                          Tunnel (EJMT)       Transportation
                                          Repairs and
                                          Upgrades
    267                    Crow, Jason    Expansion of Gun    City of Aurora      Aurora      CO          150000
                                          Club Road                                                       0
    268                 Perlmutter, Ed    Federal Parkway     City of             Westminst   CO          410711
                                          Multimodal          Westminster         er                      4
                                          Transportation
                                          Improvements
    269                    Neguse, Joe    Frisco Transit      Colorado            Frisco      CO          665000
                                          Center              Department of                               0
                                                              Transportation
    270                 DeGette, Diana    I-25 Valley         Colorado            Denver      CO          553000
                                          Highway: Phases 3   Department of                               0
                                          and 4 ROW           Transportation
                                          Acquisition
    271                    Crow, Jason    I-25/Belleview      Arapahoe County     Greenwood   CO          100000
                                          Avenue                                  Village                 00
                                          Interchange
                                          Improvements
    272                 Perlmutter, Ed    I-70 and 32nd       Colorado            Wheat       CO          200000
                                          Ave. Bridge         Department of       Ridge                   0
                                          Replacement         Transportation
    273                 Perlmutter, Ed    SH-72 (Indiana      City of Arvada      Arvada      CO          109587
                                          St) Widening at                                                 2
                                          UPRR
    274                    Neguse, Joe    State Highway 119   Boulder County      Boulder     CO          500000
                                          and State Highway                       County                  0
                                          52 Multimodal
                                          Intersection
                                          Improvements
    275                    Neguse, Joe    US 36 and           Colorado            Estes       CO          850000
                                          Community Drive     Department of       Park
                                          Roundabout          Transportation
    276                 Perlmutter, Ed    Wadsworth           City of Wheat       Wheat       CO          100000
                                          Widening: 35th      Ridge               Ridge                   00
                                          Avenue to I-70
    277                 Perlmutter, Ed    West Colfax         City of Lakewood    Lakewood    CO          175000
                                          Pedestrian Safety                                               0
                                          and
                                          Infrastructure
                                          Project
    278                     Himes, Jim    Branchville         Connecticut         Ridgefiel   CT          185312
                                          Transit Oriented    Department of       d                       0
                                          Development         Transportation
                                          Pedestrian/
                                          Bicycle
                                          Improvement
    279                     Himes, Jim    Comstock Brook      Connecticut DOT     Wilton      CT          240000
                                          Bridge (No.                                                     0
                                          04975)
                                          Replacement
    280                  Courtney, Joe    Coventry Main       Town of Coventry    Coventry    CT          120000
                                          Street Sidewalk                                                 0
                                          Project Final
                                          Extension
    281                  Courtney, Joe    CT-195 (Storrs      Town of Mansfield   Mansfield   CT          224000
                                          Road) Pedestrian                                                0
                                          Safety
                                          Improvements
    282                  Courtney, Joe    East Haddam/        Connecticut         East        CT          500000
                                          Haddam Swing        Department of       Haddam                  0
                                          Bridge              Transportation
                                          Rehabilitation
                                          Project
    283                  Courtney, Joe    Essex River Road    Town of Essex       Essex       CT          240000
                                          Bridge and                                                      0
                                          Sidewalk Project
    284                     Himes, Jim    Five Mile River     Connecticut DOT     Norwalk     CT          286000
                                          Bridge (No.                                                     0
                                          04152)
                                          Replacement
    285                               Lar Greater Hartford    Connecticut         Hartford    CT          160000
                                          Mobility Study--    Department of       and East                00
                                          Planning and        Transportation      Hartford
                                          Preliminary
                                          Engineering
    286                     Himes, Jim    Greenwich Creek     Connecticut DOT     Greenwich   CT          253000
                                          Bridge (No.                                                     0
                                          01872)
                                          Replacement
    287                  Hayes, Jahana    Harbor Brook        Connecticut         Meriden     CT          280000
                                          Bridge (No.         Department of                               0
                                          04185)              Transportation
                                          Replacement
                                          Project
    288                  Hayes, Jahana    Intersection        Connecticut         Danbury     CT          333200
                                          Improvements on     Department of                               0
                                          Route 39 at         Transportation
                                          Beckerle Street
                                          and East Gate
                                          Road
    289                     Himes, Jim    Mill River Bridge   Connecticut DOT     Fairfield   CT          270000
                                          (No. 04953)                                                     0
                                          Replacement
    290                             DeLau New Haven           City of New Haven   New Haven   CT          200000
                                          Downtown Crossing                                               00
                                          Phase 4--Temple
                                          Street Crossing
    291                  Courtney, Joe    New London          State of            New         CT          486000
                                          Pedestrian Bridge   Connecticut         London                  0
                                          and Public Access   Department of
                                          Project             Economic and
                                                              Community
                                                              Development (CT-
                                                              DECD)
    292                     Himes, Jim    Park Avenue         Connecticut DOT     Bridgepor   CT          268600
                                          Traffic Signals                         t                       0
    293                  Courtney, Joe    Quinebaug River     Town of             Plainfiel   CT          217995
                                          Trail--Plainfield   Plainfield          d                       3
                                          Section
    294                  Hayes, Jahana    Route 10 Hop        Connecticut         Simsbury    CT          240000
                                          Brook Bridge (No.   Department of                               0
                                          00653)              Transportation
                                          Replacement
                                          Project
    295                  Hayes, Jahana    Route 109 Bridge    Connecticut         Morris      CT          152000
                                          (No. 05417)         Department of                               0
                                          Replacement         Transportation
                                          Project
    296                  Hayes, Jahana    Route 202           Connecticut         Brookfiel   CT          740000
                                          Intersection        Department of       d                       0
                                          Improvement         Transportation
                                          Project
    297                     Himes, Jim    Route 25 Bridge     Connecticut         Trumbull    CT          146400
                                          (No. 06750)         Department of                               0
                                          Rehabilitation      Transportation
    298                     Himes, Jim    Stamford            Connecticut DOT     Stamford    CT          350000
                                          Transportation                                                  0
                                          Center
                                          Improvement
    299         Norton, Eleanor Holmes    20 x 22 Protected   District of         Washingto   DC          300000
                                          Bike Lanes          Columbia            n                       0
                                                              Department of
                                                              Transportation
    300         Norton, Eleanor Holmes    Arboretum Bridge    District of         Washingto   DC          400000
                                          and Trail           Columbia            n                       0
                                                              Department of
                                                              Transportation
    301         Norton, Eleanor Holmes    Bus Priority        District of         Washingto   DC          400000
                                          Program             Columbia            n                       0
                                                              Department of
                                                              Transportation
    302         Norton, Eleanor Holmes    H Street Bridge     District of         Washingto   DC          300000
                                                              Columbia            n                       0
                                                              Department of
                                                              Transportation
    303         Norton, Eleanor Holmes    Metropolitan        District of         Washingto   DC          300000
                                          Branch Trail--      Columbia            n                       0
                                          Fort Totten to      Department of
                                          Takoma              Transportation
    304         Norton, Eleanor Holmes    Pavement            District of         Washingto   DC          300000
                                          Restoration,        Columbia            n                       0
                                          National Highway    Department of
                                          Performance         Transportation
                                          Program
    305              Blunt Rochester, Lis US 113/SR 20        Delaware            Millsboro   DE          100000
                                          Grade Separated     Department of                               00
                                          Intersection        Transportation
    306              Blunt Rochester, Lis West Camden         Delaware            Camden      DE          100000
                                          Bypass              Department of                               00
                                                              Transportation
    307               Rutherford, John    Approach Road at    Jacksonville        Jacksonvi   FL          600000
                                          Cecil Air and       Aviation            lle
                                          Space Port          Authority
    308             Gimenez, Carlos A.    Card Sound Bridge   Monroe County,      Key Largo   FL          420000
                                          Replacement         Florida                                     0
                                          Planning and
                                          Design Project
    309                 Salazar, Maria    City of South       City of South       South       FL          433000
                                          Miami Pedestrian    Miami               Miami                   0
                                          Bridge
    310                 Salazar, Maria    Commodore Trail     Florida             Miami /     FL          999205
                                          Missing Link        Department of       Coral
                                                              Transportation      Gables
    311   .............................   Dunedin Causeway    Pinellas County     Dunedin     FL          800000
                                          Bridge Project      Government                                  0
                        Bilirakis, Gus   ..................  ..................  ..........  ..........   500000
                                                                                                          0
                        Crist, Charlie   ..................  ..................  ..........  ..........   300000
                                                                                                          0
    312                   Stuebe, Greg    Harborview Road     Charlotte County,   Port        FL          200000
                                          from Melbourne      Florida             Charlotte               00
                                          Street to I-75
    313                 Salazar, Maria    Marlin Road         The Town of         Cutler      FL          880000
                                          Roadway             Cutler Bay          Bay                     0
                                          Improvements
                                          Project
    314                 Salazar, Maria    Miami River         Florida             Miami       FL          239200
                                          Greenway--Curtis    Department of                               0
                                          Park East           Transportation
    315                    Mast, Brian    Midway Road         St. Lucie County    Port St.    FL          150000
                                          Multimodal/                             Lucie                   00
                                          Freight
                                          Improvements and
                                          Florida-s
                                          Turnpike
                                          Connection
    316                 Salazar, Maria    North Bay Village   North Bay Village   North Bay   FL          100000
                                          79th Street                             Village                 0
                                          Complete Streets
                                          Project
    317                    Mast, Brian    Port St. Lucie      City of Port St.    Port St.    FL          500000
                                          Boulevard South--   Lucie               Lucie                   0
                                          Segment 2.2
                                          (Alcantarra
                                          Boulevard to Paar
                                          Drive)
    318                 Salazar, Maria    PortMiami Shore     Miami Dade          Miami       FL          200000
                                          Power Pilot         County--PortMiami                           0
                                          Program
    319                Franklin, Scott    Reconstruction of   City of Lakeland,   Lakeland    FL          200000
                                          State Road 33/      Florida                                     00
                                          Interstate 4
                                          Interchange (Exit
                                          38)
    320                 Bilirakis, Gus    Ridge Road          Pasco County        Unincorpo   FL          150000
                                          Extension Phase     Board of            rated                   00
                                          2B                  Supervisors         Pasco
                                                                                  County
    321              Wilson, Frederica    Alleyways           City of Miami       Miami       FL          240000
                                          Drainage            Gardens Public      Gardens
                                          Improvement         Works Department
                                          Project
    322            Deutch, Theodore E.    Breakers Avenue     City of Fort        City of     FL          520000
                                          Streetscape         Lauderdale          Fort                    0
                                          Project                                 Lauderdal
                                                                                  e
    323                  Castor, Kathy    Cass Street         City of Tampa       Tampa       FL          511600
                                          Bridge                                                          0
                                          Rehabilitation
    324            Demings, Val Butler    Central Florida     Central Florida     Orlando     FL          103250
                                          Regional            Regional                                    0
                                          Transportation      Transportation
                                          Electronic          Authority (LYNX),
                                          Contactless         Orlando, Florida
                                          Payment System
    325                      Frankel, Loi City of West Palm   City of West Palm   West Palm   FL          120000
                                          Beach Grand View    Beach               Beach                   0
                                          Heights Street
                                          Pedestrian Safety
                                          Improvements
                                          Phase 2
    326              Murphy, Stephanie    Corrine Drive       City of Orlando     Orlando     FL          690000
                                          Complete Streets                                                0
                                          Project
    327              Wilson, Frederica    County Line Road    Broward MPO &       West Park   FL          944000
                                          Improvement         City of West Park
                                          Project
    328            Deutch, Theodore E.    Crystal Lake        City of Deerfield   City of     FL          389088
                                          Drive Project       Beach               Deerfield
                                                                                  Beach
    329              Murphy, Stephanie    E.E. Williamson     Seminole County     Longwood    FL          434600
                                          Road Trail          Government                                  0
                                          Connect
    330                   Soto, Darren    Econlockhatchee     City of Orlando     Orlando     FL          819350
                                          Trail Multimodal                                                0
                                          Corridor
                                          Improvements
    331                      Frankel, Loi Flavor Pict Road    Palm Beach County   Delray      FL          478000
                                          from Lyons Road                         Beach                   0
                                          to Hagen Ranch
                                          Road
    332                 Crist, Charlie    Gulf to Bay         Pinellas County     Clearwate   FL          600000
                                          (SR60) Duke         Government          r                       0
                                          Energy Trail
                                          Overpass
    333                  Castor, Kathy    HART Bus Shelter    Hillsborough Area   Tampa       FL          699010
                                          Revitalization      Regional Transit                            0
                                          and Expansion       Authority
    334                   Soto, Darren    Hinson Avenue       City of Haines      Haines      FL          137500
                                          Widening Project    City                City                    0
    335            Demings, Val Butler    International       Orange County,      Orlando     FL          700000
                                          Drive and Sand      Florida                                     0
                                          Lake Road (SR
                                          482) Pedestrian
                                          Bridge
    336                  Castor, Kathy    InVision Tampa      City of Tampa, co-  Tampa       FL          770000
                                          Streetcar           funded by the                               0
                                                              Florida
                                                              Department of
                                                              Transportation
                                                              and Hillsborough
                                                              Area Regional
                                                              Transit Authority
                                                              (HART)
    337      Wasserman Schultz, Debbie    Johnson Street      City of Hollywood   Hollywood   FL          290400
                                          Bridge                                                          0
                                          Replacement
                                          Project
    338                               Law JTA-sl, Jr.         Jacksonville        Jacksonvi   FL          231584
                                          Sustainability      Transportation      lle                     0
                                          and Renewable       Authority
                                          Energy Transit
                                          Facility (Project
                                          ID 425454-2)
    339              Murphy, Stephanie    Lake Monroe Loop    MetroPlan Orlando   Sanford     FL          331318
                                          Trail                                                           1
    340                      Frankel, Loi Lowson Boulevard    City of Delray      Delray      FL          110629
                                          from Dover Road     Beach               Beach                   6
                                          to Federal
                                          Highway
    341            Deutch, Theodore E.    Loxahatchee Rd.     Broward             City of     FL          500000
                                          from Arthur         Metropolitan        Parkland                0
                                          Marshall            Planning
                                          Loxahatchee         Organization
                                          Refuge to SR-7/US-  (MPO)
                                          441
    342            Deutch, Theodore E.    Lyons Road          Broward             City of     FL          270000
                                          Pedestrian          Metropolitan        Coconut                 0
                                          Mobility Lighting   Planning            Creek
                                          and Safety          Organization
                                          Project             (MPO)
    343                               Law Magnolia Drive      Blueprint           Tallahass   FL          500000
                                          Trail--Phase 1,     Intergovernmental   ee                      0
                                          2, & 4 (Project     Agency
                                          ID: 4098037)
    344                   Soto, Darren    Marigold Ave from   MetroPlan Orlando   Poinciana   FL          473158
                                          San Lorenzo Rd to                                               6
                                          Peabody Rd (4
                                          Roundabouts)
    345                   Soto, Darren    Neptune Road        Osceola County      Kissimmee   FL          500000
                                          Widening and                                                    0
                                          Improvement
                                          Project
    346              Wilson, Frederica    NW 183rd to 191st   City of Miami       Miami       FL          120000
                                          Street and NW       Gardens Public      Gardens                 0
                                          27th to 42nd        Works Department
                                          Avenue Road and
                                          Sidewalk Project
    347              Wilson, Frederica    NW 187th Street     City of Miami       Miami       FL          960000
                                          to NW 199th         Gardens             Gardens
                                          Street, from NW
                                          Sunshine State
                                          Parkway East to
                                          NW 12th Avenue
                                          Area-Road
                                          Resurfacing,
                                          Sidewalks, and
                                          Drainage
                                          Improvement
                                          Project
    348              Wilson, Frederica    NW 191st to 199th   City of Miami       Miami       FL          600000
                                          Street and NW 2nd   Gardens Public      Gardens
                                          to 7th Avenue       Works Department
                                          Roadway and
                                          Sidewalk Project
    349              Wilson, Frederica    NW 199th to 202nd   City of Miami       Miami       FL          960000
                                          Street between NW   Gardens             Gardens
                                          3rd and 15th
                                          Avenue-Road
                                          Resurfacing and
                                          Sidewalks
                                          Improvement
                                          Project
    350              Wilson, Frederica    NW/NE 87th Street   Village of El       Village     FL          132055
                                          Corridor            Portal              of El                   1
                                                                                  Portal
    351              Wilson, Frederica    Opa-locka           Florida             Opa-Locka   FL          240000
                                          Railroad Crossing   Department of                               0
                                          Repair              Transportation
    352            Demings, Val Butler    Orange Blossom      MetroPlan Orlando   Orlando     FL          301247
                                          Trail Sidewalks                                                 2
                                          Phase 2A
    353   .............................   Palm Beach County   Palm Tran Public    Palm        FL          830000
                                          Bus Shelter         Transit Agency      Beach                   0
                                          Infrastructure                          County
                   Deutch, Theodore E.   ..................  ..................  ..........  ..........   300000
                             Frankel, Loi..................  ..................  ..........  ..........   800000
                                                                                                          0
    354                      Frankel, Loi Palm Springs, FL,   Village of Palm     Palm        FL          854550
                                          Park Connector      Springs, FL         Springs
                                          Pathway System
    355            Demings, Val Butler    Pine Hills Trail    Orange County,      Orlando     FL          557000
                                          Phase 2 from        Florida
                                          Silver Star Road
                                          (SR 438) to
                                          Clarcona-Ocoee
                                          Road
    356            Demings, Val Butler    President Barack    City of Orlando,    Orlando     FL          836000
                                          Obama Parkway,      FL                                          0
                                          Phase 2, Orlando,
                                          Florida
    357   .............................   Rolling Stock       South Florida       Hallandal   FL          900000
                                                              Regional            e Beach,                0
                                                              Transportation      Hollywood
                                                              Authority           , Dania
                                                                                  Beach,
                                                                                  Fort
                                                                                  Lauderdal
                                                                                  e, Wilton
                                                                                  Manors,
                                                                                  Oakland
                                                                                  Park,
                                                                                  Pompano
                                                                                  Beach,
                                                                                  Deerfield
                                                                                  Beach and
                                                                                  Palm
                                                                                  Beach
                                                                                  County
             Wasserman Schultz, Debbie   ..................  ..................  ..........  ..........   500000
                                                                                                          0
                             Frankel, Loi..................  ..................  ..........  ..........   400000
                                                                                                          0
    358              Wilson, Frederica    SMART Plan Beach    Miami-Dade          Miami       FL          910000
                                          Express (BERT)      Department of                               0
                                          North Capital Bus   Transportation
                                          Purchase            and Public Works
    359                 Crist, Charlie    Solar-Powered       Pinellas Suncoast   St.         FL          600000
                                          Zero-Emission Bus   Transit Authority   Petersbur               0
                                          and Facility                            g
                                          Charging
                                          Infrastructure
    360                               Law South City.         City of             Tallahass   FL          240000
                                          Transit Capital     Tallahassee         ee                      0
                                          Project StarMetro   StarMetro
                                          Modernization
    361              Murphy, Stephanie    Southcot Drive      MetroPlan Orlando   Casselber   FL          189357
                                          Sidewalk                                ry
    362              Murphy, Stephanie    SR 50 (Colonial)    MetroPlan Orlando   Orlando     FL          917933
                                          from Thornton Ave
                                          to Mills Ave
    363                               Law SR 63 (US 27)       Capital Region      Tallahass   FL          240000
                                          Monroe Street       Transportation      ee                      0
                                          from John Knox      Planning Agency
                                          Road to Lakeshore   (CRTPA)
                                          Drive (Project ID
                                          4450531)
    364      Wasserman Schultz, Debbie    SR-5/US-1/Federal   Broward MPO         Hollywood   FL          189930
                                          Hwy from Johnson                                                8
                                          St. to SR-822/
                                          Sheridan St.
    365      Wasserman Schultz, Debbie    SR-820/Pines Blvd   Broward MPO         Pembroke    FL          500000
                                          from W of SW                            Pines                   0
                                          136th Ave to E of
                                          NW 118th Ave
    366      Wasserman Schultz, Debbie    SR-A1A from         Broward MPO         Hallandal   FL          107535
                                          Hallandale Beach                        e Beach,                0
                                          Boulevard to                            Hollywood
                                          Dania Beach                             , and
                                          Boulevard                               Dania
                                          Drainage                                Beach
                                          Improvement
                                          Project
    367                               Law StarMetro Bus       City of             Tallahass   FL          180000
                                          Replacement         Tallahassee--Star   ee                      0
                                                              Metro
    368              Wilson, Frederica    SW 36th Street      Broward MPO &       West Park   FL          160000
                                          Complete Street     City of West Park                           0
                                          Improvements
                                          Project
    369              Wilson, Frederica    SW 52nd Avenue      Broward MPO &       West Park   FL          602400
                                          Complete Street     City of West Park
                                          Improvements
                                          Project
    370                 Crist, Charlie    Treasure Island     City of Treasure    Treasure    FL          448000
                                          Causeway Bridge     Island              Island                  0
                                          Project
    371              Murphy, Stephanie    University          Orange County       Orlando     FL          100000
                                          Boulevard at Dean   Government                                  0
                                          Road Intersection
                                          Improvement
    372            Deutch, Theodore E.    University Drive    Broward             City of     FL          500000
                                          from NW 40th St.    Metropolitan        Coral                   0
                                          to Sawgrass         Planning            Springs
                                          Expressway          Organization
                                                              (MPO)
    373              Murphy, Stephanie    West Warren         City of Longwood    Longwood    FL          400000
                                          Avenue Complete
                                          Street
    374               Williams, Nikema    Atlanta Beltline    City of Atlanta /   Atlanta     GA          500000
                                                              Atlanta                                     0
                                                              Development
                                                              Authority
    375             Bourdeaux, Carolyn    Big Creek           Forsyth County      Cumming     GA          300000
                                          Greenway Phase 2                                                0
                                          Renovation-Replac
                                          ement
    376        Bishop, Sanford D., Jr.    Brennan Road        Columbus            Columbus    GA          736000
                                          Improvements        Consolidated                                0
                                                              Government
    377                       McBath, Luc Buford Highway      City of Doraville   Doraville   GA          137385
                                          Pedestrian                                                      9
                                          Improvements
    378    Johnson, Henry C. ``Hank'',    Bus/Paratransit     Gwinnett County     Snellvill   GA          600000
                                   Jr.    Vehicle             Department of       e/                      0
                                          Acquisition for     Transportation      Northern
                                          Local Route 70                          Dekalb
    379               Williams, Nikema    Cascade             City of Atlanta     Atlanta     GA          100000
                                          Multimodal                                                      0
                                          Corridor
    380                               Lou Cherokee Area       Cherokee County     Canton      GA          240000
                                          Transportation      Board of                                    0
                                          System              Commissioners
                                          Headquarters
    381               Williams, Nikema    City of Forest      City of Forest      Forest      GA          200000
                                          Park Pedestrian     Park                Park                    0
                                          Bridge
    382             Bourdeaux, Carolyn    City of Sugar       City of Sugar       Sugar       GA          500000
                                          Hill-s Highway 20   Hill                Hill                    0
                                          Pedestrian Bridge
    383                   Scott, David    Clayton Justice     Metropolitan        Jonesboro   GA          496000
                                          Center Transit      Atlanta Rapid                               0
                                          Hub--Phase II       Transit Authority
                                                              (MARTA)
    384                               Lou Cobb Parkway at     Cobb County         Kennesaw    GA          350000
                                          McCollum Parkway    Department of                               0
                                          Road Realignment    Transportation
    385                       McBath, Luc Cumberland Core     Cobb County         Atlanta     GA          170000
                                          Loop                Government                                  0
    386                   Scott, David    East West           Cobb County         Smyrna      GA          450000
                                          Connector           Department of                               0
                                          Corridor            Transportation
                                          Improvement, Cobb
                                          County GA
    387               Williams, Nikema    Emory-CDC           Atlanta Regional    Atlanta     GA          550000
                                          Intersection        Commission
                                          Project
    388        Bishop, Sanford D., Jr.    GDOT Project No.    Georgia             Americus    GA          121695
                                          0013752             Department of                               8
                                                              Transportation
    389        Bishop, Sanford D., Jr.    GDOT Project No.    Georgia             Cuthbert    GA          240528
                                          0015563             Department of                               0
                                                              Transportation
    390        Bishop, Sanford D., Jr.    GDOT Project No.    Georgia             Reynolds    GA          160800
                                          0015638             Department of                               0
                                                              Transportation
    391        Bishop, Sanford D., Jr.    GDOT Project No.    Georgia             Arabi       GA          568000
                                          0015651             Department of
                                                              Transportation
    392        Bishop, Sanford D., Jr.    GDOT Project No.    Georgia             Talbotton   GA          984000
                                          0015652             Department of
                                                              Transportation
    393                   Scott, David    Global Gateway      City of College     College     GA          354235
                                          Connector           Park                Park                    5
    394             Bourdeaux, Carolyn    Gwinnett Place      Gwinnett County     Gwinnett    GA          500000
                                          Transit Center/                         County                  0
                                          Mall of Georgia
                                          local bus service
    395                   Scott, David    I-20 Diverging      Douglas County      Douglasvi   GA          500000
                                          Diamond                                 lle                     0
                                          Interchange at
                                          Chapel Hill Road
    396             Bourdeaux, Carolyn    Lawrenceville       Gwinett County      Lawrencev   GA          480000
                                          Area Park and       Transit             ille                    0
                                          Ride Lot
    397        Bishop, Sanford D., Jr.    Macon Transit       Macon-Bibb County   Macon       GA          260000
                                          Authority           Transit Authority                           0
                                          Electric Transit
                                          and Paratransit
                                          Vehicle Purchases
    398    Johnson, Henry C. ``Hank'',    MARTA Route 115--   Metropolitan        Decatur     GA          200000
                                   Jr.    Covington Highway   Atlanta Rapid                               0
                                                              Transit Authority
                                                              (MARTA)
    399             Bourdeaux, Carolyn    McDaniel Farm       Gwinnett County     Gwinnett    GA          200000
                                          Park Connector                          County                  0
                                          multi-use path
    400               Williams, Nikema    Metropolitan        Metropolitan        Atlanta     GA          300000
                                          Parkway Arterial    Atlanta Rapid                               0
                                          Rapid Transit       Transit Authority
                                          (ART)               (MARTA)
    401    Johnson, Henry C. ``Hank'',    New Bus Rapid       Gwinnett County     Snellvill   GA          500000
                                   Jr.    Transit Service     Dept. of            e/Stone                 0
                                          along US 78         Transportation      Mountain
    402    Johnson, Henry C. ``Hank'',    North Avondale      City of Avondale    Avondale    GA          197556
                                   Jr.    Road Complete       Estates             Estates                 0
                                          Streets Project
    403               Williams, Nikema    Peachtree Creek     City of             Brookhave   GA          338200
                                          Greenway            Brookhaven          n                       0
    404                  Carter, Earl L.  Project DeRenne     City of Savannah    Savannah    GA          200000
                                                                                                          00
    405        Bishop, Sanford D., Jr.    Safety              City of Albany      Albany      GA          368791
                                          Improvements--Int
                                          ersection of N
                                          Westover Blvd at
                                          Nottingham Way
    406                               Lou South Barrett       Cobb County         Kennesaw    GA          200000
                                          Parkway Reliever    Department of                               0
                                                              Transportation
    407                   Scott, David    South Cobb Drive    City of Smyrna      Smyrna      GA          250000
                                          Corridor
    408                       McBath, Luc SR 120 (Abbotts     City of Johns       Johns       GA          138000
                                          Bridge Road)        Creek               Creek                   00
                                          Operational and
                                          Safety
                                          Improvements
    409        Bishop, Sanford D., Jr.    SR234 and           City of Albany      Albany      GA          349295
                                          Westover Blvd--
                                          Add Westbound
                                          Right Turn and
                                          Southbound Left
    410    Johnson, Henry C. ``Hank'',    Stonecrest          Metropolitan        Stonecres   GA          500000
                                   Jr.    Transit Hub         Atlanta Rapid       t                       0
                                                              Transit Authority
                                                              (MARTA)
    411        Bishop, Sanford D., Jr.    Widen and Realign   City of Albany      Albany      GA          250931
                                          Intersection of                                                 9
                                          Sands Drive and
                                          Radium Springs
    412                   Scott, David    Windy Hill          City of Smyrna      Smyrna      GA          500000
                                          Boulevard           and Cobb County
    413     San Nicolas, Michael F. Q.    Guam Public         Guam Regional       Hagatna     GU          200000
                                          Transit             Transit Authority                           00
                                          Modernization--Bu
                                          s Shelters
    414   .............................   Bus and Handi Van   Honolulu            Honolulu    HI          739840
                                          Acquisition         Department of                               0
                                          Program (Battery    Transportation
                                          Electric Buses;     Services
                                          Electrification
                                          of Route 40)
                              Case, Ed   ..................  ..................  ..........  ..........   369920
                                                                                                          0
                      Kahele, Kaiali'i   ..................  ..................  ..........  ..........   369920
                                                                                                          0
    415               Kahele, Kaiali'i    Hanapepe Road       County of Kauai     Hanapepe    HI          368000
                                          Resurfacing                                                     0
    416                       Case, Ed    Hawaii              Hawaii Department   Multiple    HI          400000
                                          Recreational        of Land and         Cities                  0
                                          Trails Program      Natural Resources
                                          (Hawaii
                                          Integrated Trail
                                          System)
    417                       Case, Ed    Interstate Route    Hawaii State        Honolulu    HI          615000
                                          H-1 Improvements,   Department of                               0
                                          Eastbound, Ola      Transportation
                                          Lane Overpass to
                                          Vineyard
                                          Boulevard
    418                       Case, Ed    Leeward Bikeway,    Hawaii Department   Honolulu    HI          615000
                                          Philippine Sea      of Transportation                           0
                                          Road to Waipahu
                                          Depot Street
    419               Kahele, Kaiali'i    Papalaua Street     Maui County         Maui        HI          115400
                                          (RTS 3020, MP                                                   0
                                          0.13-MP0.17)
                                          Traffic Signal
                                          Upgrade at Wainee
                                          Street (Route
                                          3015, MP 0.3-
                                          MP0.34)
    420               Kahele, Kaiali'i    Waianuenue Avenue   County of Hawaii    Hilo        HI          727749
                                          Rehabilitation                                                  9
    421               Kahele, Kaiali'i    Waimea to Kekaha    Kauai County        Hanapepe    HI          200000
                                          Shared Use Path                                                 0
    422               Kahele, Kaiali'i    Wakea Avenue        Maui County         Maui        HI          218600
                                          (Route 3920, MP                                                 0
                                          0.70-MP 0.71) and
                                          Kamehameha Avenue
                                          (Route 3940, MP
                                          0.91-MP0.92)
                                          Intersection
                                          Improvements
    423      Miller-Meeks, Mariannette    HIRTA Regional      Heart of Iowa       Waukee      IA          232100
                                          Transit Facility    Regional Transit                            0
                                                              Agency
    424      Miller-Meeks, Mariannette    In the City of      Iowa Department     Iowa City   IA          994360
                                          Iowa City, on       of Transportation                           0
                                          Dodge Street,
                                          from Burlington
                                          Street north to
                                          Governor Street.
    425      Miller-Meeks, Mariannette    Iowa 136 bridge     Iowa Department     Clinton     IA          114480
                                          replacement over    of Transportation   County                  0
                                          Elwood Creek 3.1
                                          miles west of US
                                          61 in Clinton
                                          County
    426      Miller-Meeks, Mariannette    Marion County--     Marion County       Marion      IA          200000
                                          County Road G28     County Engineer     County                  0
                                          corridor            and County Roads
                                                              Department
    427      Miller-Meeks, Mariannette    Red Rock Prarie     Jasper County       Prairie     IA          900000
                                          Trail (Iowa 117     Conservation        City
                                          to Co Rd S27)
    428                  Axne, Cynthia    Bus Replacements    Iowa DOT            Des         IA          500000
                                          Across the                              Moinse                  0
                                          District
    429                  Axne, Cynthia    Mills Civic         City of West Des    West Des    IA          200000
                                          Parkway             Moines              Moines                  0
                                          Improvements
    430                  Axne, Cynthia    Red Oak Bridge      Iowa DOT            Red Oak     IA          700000
                                          Replacement
    431                  Axne, Cynthia    Southeast           City of Des         Des         IA          700000
                                          Connector           Moines              Moines                  0
    432                  Axne, Cynthia    Traffic Incident    Iowa DOT            Johnston    IA          488000
                                          Management Center                                               0
                                          at Camp Dodge--
                                          Phase I
    433                  Simpson, Mike    1st Street          City of Ammon       Ammon       ID          537570
                                          Reconstruction                                                  0
    434                  Simpson, Mike    Center Street       City of             Pocatello   ID          427700
                                          Railroad Bridge     Pocatello, ID                               0
                                          Underpass
    435                  Simpson, Mike    Fort Hall Connect-  Shoshone-Bannock    Fort Hall   ID          350000
                                           Upgrade of Ross    Tribes                                      0
                                          Fork Road
    436                  Simpson, Mike    I-15B (US-30)       Idaho               McCammon    ID          171666
                                          McCammon IC TO      Transportation                              0
                                          Old US-91           Department
    437                  Simpson, Mike    State Street        Valley Regional     Boise and   ID          200000
                                          Premium Corridor,   Transit             Garden                  0
                                          Part 2, Boise                           City
                                          Area, Valley
                                          Regional Transit
    438                     Bost, Mike    Alton Avenue        City of Madison     Madison     IL          624000
                                          Reconstruction
    439                  Davis, Rodney    Alton Road          City of             Carlinvil   IL          616000
                                          Reconstruction      Carlinville         le
                                          Phase I & II
    440                  Davis, Rodney    Brush College       City of Decatur     Decatur     IL          200000
                                          Road and Faries                                                 0
                                          Parkway Grade
                                          Separation
    441                Kinzinger, Adam    Calhoun Street      City of Morris      City of     IL          120000
                                          Bridge                                  Morris                  0
                                          Replacement
    442                               LaH Candy Lane          City of Macomb      Macomb      IL          350000
                                                                                                          0
    443                  Davis, Rodney    Centennial Park     Village of          Heyworth    IL          963540
                                          Shared Use Path     Heyworth
    444                     Bost, Mike    Cloverleaf and      City of Madison     Madison     IL          296000
                                          East Madison
                                          Subdivisions
                                          Improvements
    445                  Davis, Rodney    Curtis Road Grade   Village of Savoy    Savoy       IL          329370
                                          Separation &                                                    0
                                          Complete Streets
                                          Project
    446                     Bost, Mike    Dix Irvington       Jefferson County    Centralia   IL          600000
                                          Road Safety         Highway
                                          Project             Department
    447                     Bost, Mike    Dupo Interchange    Village of Dupo     Dupo        IL          170000
                                                                                                          0
    448                     Bost, Mike    Edwardsville Road   City of Wood        Wood        IL          668000
                                          Resurfacing         River               River
                                          Project
    449                     Bost, Mike    Frank Scott         St. Clair County    Shiloh      IL          125120
                                          Parkway East        Government                                  00
                                          Extension
    450   .............................   Hamilton Road       City of             Bloomingt   IL          700000
                                          East-West           Bloomington         on                      0
                                          Connection
                                          Project
                         Davis, Rodney   ..................  ..................  ..........  ..........   350000
                                                                                                          0
                                      LaH..................  ..................  ..........  ..........   350000
                                                                                                          0
    451                  Davis, Rodney    Hilltop Road        City of             Springfie   IL          440000
                                          Multi-Use Trail     Springfield         ld
                                          Extension Project
    452                  Davis, Rodney    Lincoln Prairie     City of Pana        Taylorvil   IL          487161
                                          Trail Bridge                            le
                                          Replacement
                                          Project
    453                     Bost, Mike    Madison Avenue      Granite City        Granite     IL          759420
                                          from 23rd Street    Government          City
                                          to 27th Street
                                          Resurfacing
    454                Kinzinger, Adam    Main Street         Village of Roscoe   Roscoe      IL          388000
                                          Reconstruction                                                  0
                                          Project
    455                     Bost, Mike    Marissa--Main St.   Village of          Marissa     IL          476000
                                          Resurfacing         Marrisa
    456                               LaH Pioneer Parkway     Peoria, Illinois    Peoria      IL          500000
                                          Reconstruction                                                  0
    457                               LaH Prospect Road       VIllage of Peoria   Peoria      IL          600000
                                          Revitalization      Heights             Heights                 0
    458                  Davis, Rodney    Reas Bridges        Macon County        Decatur     IL          350000
                                          Replacement                                                     0
                                          Project over Lake
                                          Decatur
    459                  Davis, Rodney    Reconstruction of   City of Staunton    Staunton    IL          156945
                                          Main Street from                                                6
                                          Elm Street to
                                          Madison Street
    460                     Bost, Mike    Resurfacing of      Williamson County   Williamso   IL          352000
                                          County Highway 16                       n County
                                          in Williamson
                                          County
    461                     Bost, Mike    Resurfacing of      City of Marion      Marion      IL          572000
                                          Main Street,
                                          Bainbridge Trail,
                                          and Penecost
                                          Streets
    462                Kinzinger, Adam    Riverside           Winnebago County    Loves       IL          149200
                                          Boulevard           Highway             Park and                00
                                          Reconstruction      Department          Rockford
                                          and Widening
                                          (Phase II and
                                          III)
    463                  Davis, Rodney    Royal Lakes Road    Village of Royal    Royal       IL          23408
                                          Rehabilitation      Lakes               Lakes
                                          Project
    464                     Bost, Mike    Spotsylvania        Village of New      New         IL          452000
                                          Street              Athens              Athens
                                          Improvements
    465                  Davis, Rodney    Stanford Avenue     City of             Springfie   IL          127903
                                          Reconstruction      Springfield         ld                      5
                                          from 11th Street
                                          to Fox Bridge
                                          Road
    466                     Bost, Mike    Structure           City of             Carbondal   IL          504000
                                          Replacement Over    Carbondale          e
                                          Piles Fork Creek
    467                  Davis, Rodney    US 67 Widening      Illinois            Jerseyvil   IL          120000
                                          from Delhi Bypass   Department of       le                      0
                                          Project to          Transportation
                                          Crystal Lake Rd.
    468                  Davis, Rodney    West Main Cross     City of             Taylorvil   IL          112770
                                          Street              Taylorville         le                      0
                                          Improvements from
                                          Webster Street to
                                          Shumway Street
    469                               LaH Western Road--      Marshall County     Henry       IL          200000
                                          Marshall County                                                 0
    470                Davis, Danny K.    118 N Clark         Cook County         Chicago     IL          270000
                                          Pedway Extension    Department of                               0
                                                              Transportation
    471                  Newman, Marie    143rd St            Village of Orland   Orland      IL          924770
                                          Expansion--West     Park                Park                    2
                                          Ave to SW Highway
    472   .............................   143rd St from IL    Village of          Plainfiel   IL          620000
                                          59 to IL 126        Plainfield          d                       0
                          Foster, Bill   ..................  ..................  ..........  ..........   370000
                                                                                                          0
                           Underwood, Lau..................  ..................  ..........  ..........   250000
                                                                                                          0
    473      Garcia, Jesus G. ``Chuy''    34th Street Road    City of Berwyn      Berwyn      IL          502232
                                          Modernization and                                               3
                                          Stormwater
                                          Management
                                          Improvements
                                          Phase I Design
    474                  Quigley, Mike    606 Extension--     Cook County         Chicago     IL          144000
                                          Ashland Ave to      Department of                               0
                                          Elston Ave          Transportation
                                                              and Highways
    475                   Foster, Bill    75th Street from    DuPage County       Napervill   IL          648560
                                          Milbrook Drive to                       e
                                          Greene Road
    476                   Rush, Bobby L.  80th Ave from       Will County         Tinley      IL          150000
                                          191st to 183rd St                       Park                    0
                                          Lane Improvements
    477                  Bustos, Cheri    9th Street Two-     City of Rockford    Rockford    IL          405000
                                          Way Conversion                                                  0
                                          (Whitman
                                          Interchange)
    478                    Underwood, Lau Algonquin Road      McHenry County      Spring      IL          240000
                                          (Various            Division of         Grove                   0
                                          Intersections)      Transportation
                                          and Wilmot Road
                                          at Main Street
                                          Intersection
                                          Improvements
    479                  Quigley, Mike    All Stations        Chicago Transit     Chicago     IL          433000
                                          Accessibility       Authority                                   0
                                          Program--Blue
                                          Line Irving Park
    480      Garcia, Jesus G. ``Chuy''    Arterial            Chicago             Chicago     IL          935767
                                          Resurfacing         Department of                               7
                                                              Transportation
    481                Davis, Danny K.    Berkeley            Village of          Chicago     IL          424500
                                          Industrial          Berkeley
                                          Pedestrian
                                          Connector
    482                   Casten, Sean    Bike Path along     Lake County         Hawthorn    IL          100000
                                          Quentin Road                            Woods/                  0
                                                                                  Lake
                                                                                  Zurich
    483                    Underwood, Lau Bliss Rd/Fabyan     Kane County         Geneva      IL          700000
                                          from Fabyan to                                                  0
                                          Bliss Rd
    484                   Kelly, Robin    Butler Drive        Cook County         Chicago     IL          450000
                                                              Department of                               0
                                                              Transportation
                                                              and Highways
    485           Krishnamoorthi, Raja    Central Road:       Cook County         Hoffman     IL          200000
                                          Barringon Rd to     Department of       Estates                 0
                                          Huntington Blvd     Transportation
                                                              and Highways
    486                Davis, Danny K.    City of Berwyn,     IL, Village of      Chicago     IL          196746
                                          16th Street         Berwyn                                      8
                                          Rehabilitation
                                          Project
    487                  Bustos, Cheri    City of Peoria      City of Peoria      Peoria      IL          500000
                                          Adams/Jefferson 2-                                              0
                                          Way Conversion
    488                   Kelly, Robin    Columbia Bridge     Chicago             Chicago     IL          200000
                                                              Department of                               0
                                                              Transportation
    489      Garcia, Jesus G. ``Chuy''    CTA--ASAP           Chicago Transit     Chicago     IL          337000
                                          (Belmont Station)   Authority                                   0
    490                Schakowsky, Jan    CTA Red Line--      Chicago Transit     Chicago     IL          360000
                                          Loyola Station      Authority                                   0
                                          Improvements
    491                    Underwood, Lau DeKalb Traffic      City of DeKalb      DeKalb      IL          570000
                                          Signal Upgrades
    492                Davis, Danny K.    Division Street     The Village of      Oak Park    IL          200000
                                          Resurfacing         Oak Park                                    0
    493           Krishnamoorthi, Raja    Dundee Ave          City of Elgin       Elgin       IL          590000
                                          Reconstruction                                                  0
    494                   Casten, Sean    East Branch         DuPage County       Lombard     IL          120000
                                          DuPage River                                                    0
                                          Trail
    495                   Foster, Bill    East New York       City of Aurora      Aurora      IL          113830
                                          Street from North                                               0
                                          Farnsworth Ave to
                                          Welsh Drive
    496           Krishnamoorthi, Raja    Fullerton Avenue    Village of          Glendale    IL          696500
                                          between N Schmale   Glendale Heights    Heights
                                          Rd and
                                          Bloomingdale Rd
    497                   Foster, Bill    Gougar Road from    Will County         Joliet      IL          270000
                                          Laraway Road to                         and New                 0
                                          Francis Road                            Lenox
    498                  Bustos, Cheri    Greater Downtown    City of East        East        IL          494600
                                          Master Plan Phase   Moline              Moline                  0
                                          4A
    499                   Foster, Bill    Hobson Rd 63rd St   DuPage County       Woodridge   IL          490000
                                          from Woodridge Dr
                                          to Janes Ave
    500                Davis, Danny K.    Homan Corridor      City of Chicago     Chicago     IL          500000
                                          Improvements
    501                  Newman, Marie    I-294 103rd         Cook County         Chicago     IL          500000
                                          Street              Department of       Ridge                   0
                                          Interchange         Transportation
                                                              and Highways
    502                   Rush, Bobby L.  I-294 Crestwood/    Cook County         Crestwood   IL          480000
                                          Robbins             Department of       and                     0
                                          Interchange         Transportation      Robbins
                                                              and Highways
    503                   Kelly, Robin    I-57 Interchange    Illinois            Unincorpo   IL          450000
                                          near Mile Marker    Department of       rated                   0
                                          332 (Between        Transportation      Will
                                          Harlem Avenue and                       County
                                          Pauling Road)
    504                  Newman, Marie    IL 171 (State       City of Lockport    Lockport    IL          140000
                                          Street)                                                         0
                                          Pedestrian Safety
                                          Improvements
    505                   Casten, Sean    IL 38/Roosevelt     DuPage County       Wheaton     IL          480000
                                          Road at                                                         0
                                          Naperville Road
    506                   Kelly, Robin    IL 50 from S of     Illinois            Kankakee    IL          500000
                                          Brookmont Blvd to   Department of                               0
                                          N of US 45/52 &     Transportation
                                          Indiana Ave to
                                          Fair St in
                                          Kankakee
    507       Schneider, Bradley Scott    IL-21 Milwaukee     Village of          Glenview    IL          200000
                                          Ave Improvements    Glenview in                                 0
                                          (Glenview)          coordination with
                                                              the Illinois
                                                              Department of
                                                              Transportation
    508           Krishnamoorthi, Raja    IL-62 Algonquin     City of Rolling     Rolling     IL          226935
                                          Rd at New Wilke     Meadows, Village    Meadows
                                          Rd Intersection     of Arlington
                                          Improvements        Heights
    509                Davis, Danny K.    Jackson Blvd        Village of Forest   Chicago     IL          800000
                                          Resurfacing         Park
                                          (Desplaines to
                                          Harlem Ave)
    510                Davis, Danny K.    Kedzie and Lake     City of Chicago     Chicago     IL          500000
                                          improvements
    511           Krishnamoorthi, Raja    Lake Cook Road      Cook County         Mount       IL          300000
                                          (IL-53 to Raupp     Department of       Prospect                0
                                          Blvd)               Transportation      and
                                                              and Highways        Desplains
    512           Krishnamoorthi, Raja    Lombard Rd          Village of          Addison     IL          900000
                                          Resurfacing and     Addison
                                          Improvements
    513                Davis, Danny K.    Madison Street      Village of          Bellwood    IL          110720
                                          Resurfacing         Bellwood                                    0
    514                    Underwood, Lau Main Street         City of Batavia     Batavia     IL          600000
                                          Reconstruction
                                          from Randall Road
                                          to Van Nortwick
                                          Avenue
    515                  Bustos, Cheri    McConnell Road      Stephenson County   Freeport    IL          252820
                                          Intersection and                                                0
                                          Roadway
                                          Improvements
    516   .............................   Metra Zero          Metra (subsidiary   Chicago     IL          120000
                                          Emission Vehicle    of the Regional     Region                  00
                                          Pilot               Transportation
                                                              Authority)
                  Krishnamoorthi, Raja   ..................  ..................  ..........  ..........   100000
                                                                                                          0
                          Foster, Bill   ..................  ..................  ..........  ..........   500000
                                                                                                          0
              Schneider, Bradley Scott   ..................  ..................  ..........  ..........   600000
                                                                                                          0
    517                  Newman, Marie    Midway Bus          Chicago Transit     Chicago     IL          550000
                                          Terminal            Authority
                                          Electrification
                                          Concept Design
    518                Schakowsky, Jan    N Lake Shore        City of Chicago     Chicago     IL          200000
                                          Drive                                                           0
                                          Improvements
    519       Schneider, Bradley Scott    North Chicago       City of North       North       IL          508080
                                          Pace Route Access   Chicago             Chicago
    520                  Newman, Marie    Oak Park Avenue--   Village of Worth,   Worth       IL          520000
                                          111th St to 107th   IL
                                          St
    521                  Quigley, Mike    Pace Cermak Road    Pace Suburban Bus   Westchest   IL          390000
                                          Transit Signal                          er, Oak
                                          Priority                                Brook and
                                                                                  Oakbrook
                                                                                  Terrace
    522                Schakowsky, Jan    Pace Pulse Line--   Pace Suburban Bus   Morton      IL          400000
                                          Harlem Avenue                           Grove
                                          Traffic Signal
                                          Improvements
    523                   Rush, Bobby L.  Pace Pulse South    Pace, the           Chicago,    IL          900000
                                          Halsted Line        Suburban Bus        Riverdale
                                                              Division of the     , and
                                                              Regional            Harvey
                                                              Transportation
                                                              Authority
    524      Garcia, Jesus G. ``Chuy''    PACE Transit        PACE                Chicago     IL          900000
                                          Signal Priority
    525           Krishnamoorthi, Raja    Park Blvd           Village of          Streamwoo   IL          220783
                                          Resurfacing         Streamwood          d
    526       Schneider, Bradley Scott    Patriot Path        Lake County         Lake        IL          979464
                                                              Division of         County                  0
                                                              Transportation
    527                  Bustos, Cheri    Proposed Midwest    City of Galena      Galena      IL          200000
                                          Medical Center                                                  0
                                          Entrance and
                                          Highway
                                          Improvements
    528                Davis, Danny K.    Pulaski Corridor    City of Chicago     Chicago     IL          500000
                                          Improvements
    529                   Rush, Bobby L.  Pulaski Road:       Cook County         Alsip,      IL          250000
                                          127th St to 159th   Department of       Crestwood               0
                                          St                  Transportation      ,
                                                              and Highways        Midlothia
                                                                                  n,
                                                                                  Markham,
                                                                                  and
                                                                                  Robbins
    530                Schakowsky, Jan    Rand US-12 /        Village of Mount    Mount       IL          450000
                                          Kensington / IL-    Prospect            Prospect                0
                                          83 Intersection
                                          Improvements
    531           Krishnamoorthi, Raja    Rand/Central/Mt     Village of Mount    Mount       IL          371000
                                          Prospect Road       Prospect            Prospect
                                          Intersection                            and
                                          Improvements                            Desplains
    532                   Casten, Sean    Randall and Hopps   Kane County         Elgin       IL          500000
                                          Road Intersection                                               0
    533                   Casten, Sean    Randall Road from   McHenry County      Lake in     IL          200000
                                          Alexandra Blvd to                       the Hills               0
                                          Polaris Dr/Acorn
                                          Ln
    534                  Quigley, Mike    Rehabilitative      Illinois            Franklin    IL          588000
                                          Resurfacing of      Department of       Park
                                          Belmont Avenue--    Transportation
                                          25th Ave to W of
                                          Elm St, Fran
    535                  Quigley, Mike    Rehabilitative      Illinois            Elmwood     IL          792000
                                          Resurfacing of      Department of       Park,                   0
                                          Ill 64 North Ave--  Transportation      Melrose
                                          I-294 to Harlem                         Park,
                                          Ave & N Frontage                        Northlake
                                          Rd--7th Ave to                          , River
                                          5th Ave                                 Forest,
                                                                                  River
                                                                                  Grove
    536           Krishnamoorthi, Raja    Rodenburg Road      Village of          Roselle     IL          928000
                                          Corridor            Schaumburg,
                                          Improvement         Village of
                                          Project             Roselle
    537           Krishnamoorthi, Raja    Schick Road         Village of          Hanover     IL          257045
                                          Resurfacing         Hanover Park        Park
    538                Schakowsky, Jan    Skokie Valley       Cook County         Skokie      IL          352680
                                          Trail Path          Department of                               0
                                          Improvements        Transportation
    539                   Casten, Sean    Spring Street       Village of South    South       IL          171264
                                          Resurfacing         Elgin               Elgin
    540                   Rush, Bobby L.  Study of S.         City of Chicago     Chicago     IL          800000
                                          Chicago/79th St/
                                          Stony Island
                                          Intersection
    541           Krishnamoorthi, Raja    Tonne Road          Elk Grove Village   Elk Grove   IL          430000
                                          Reconstruction--N                       Village                 0
                                          orthern Section
    542      Garcia, Jesus G. ``Chuy''    Traffic Signal      Chicago             Chicago     IL          135000
                                          Modernization--Ci   Department of                               0
                                          ty of Chicago       Transportation
    543                    Underwood, Lau US Route 20 and     City of Elgin       Elgin       IL          120000
                                          Reinking Road                                                   0
                                          Roundabout
    544                   Kelly, Robin    US Route 30 at      Illinois            Matteson    IL          400000
                                          Illinois Route 50   Department of                               0
                                                              Transportation
    545                Davis, Danny K.    Washington          Village of          Maywood     IL          142400
                                          Boulevard           Maywood                                     0
                                          Improvements--21s
                                          t Avenue to 9th
                                          Avenue
    546   .............................   Weber Road from     Will County         Romeovill   IL          210000
                                          135th Street to                         e                       0
                                          Airport Road
                          Foster, Bill   ..................  ..................  ..........  ..........   100000
                                                                                                          0
                         Newman, Marie   ..................  ..................  ..........  ..........   110000
                                                                                                          0
    547                   Casten, Sean    West Branch         Forest Preserve     West        IL          500000
                                          DuPage River        District of         Chicago
                                          Trail Connection    DuPage County
                                          from West DuPage
                                          Woods Forest
                                          Preserve to
                                          Blackwell Forest
                                          Preserve
    548                   Rush, Bobby L.  Western Avenue      Cook County         Blue        IL          450000
                                          Grade Separations   Department of       Island,                 0
                                                              Transportation      Posen,
                                                              and Highways        and
                                                                                  Dixmoor
    549   .............................   Wolfs Crossing      Village of Oswego   Oswego      IL          482200
                                          Road from US 34                                                 0
                                          Chicago Road to
                                          Eola Road--
                                          Douglas Road
                                          Intersection
                          Foster, Bill   ..................  ..................  ..........  ..........   361650
                                                                                                          0
                           Underwood, Lau..................  ..................  ..........  ..........   120550
                                                                                                          0
    550                    Underwood, Lau Woodstock           County of McHenry   Woodstock   IL          400000
                                          Railyard                                                        0
                                          Relocation &
                                          Expansion
    551   .............................   Zero Emission       Metra (subsidiary   Blue        IL          700000
                                          Locomotive          of the Regional     Island,                 0
                                          Commuter Rail       Transportation      Chicago,
                                          Pilot               Authority)          Joliet,
                                                                                  Midlothia
                                                                                  n,
                                                                                  Mokena,
                                                                                  New
                                                                                  Lenox,
                                                                                  Oak
                                                                                  Forest,
                                                                                  Robbins,
                                                                                  Tinley
                                                                                  Park
                       Davis, Danny K.   ..................  ..................  ..........  ..........   200000
                                                                                                          0
                          Rush, Bobby L. ..................  ..................  ..........  ..........   500000
                                                                                                          0
    552       Schneider, Bradley Scott    Zion 27th Street    City of Zion        Zion        IL          920320
                                          Resurfacing
    553                   Mrvan, Frank    Added Travel        Lake County Board   Unincorpo   IN          150000
                                          Lanes at 45th       of Commissioners    rated                   0
                                          Avenue                                  Lake
                                                                                  County
    554                   Mrvan, Frank    Central Avenue      City of Portage,    Portage     IN          200000
                                          Road                Indiana                                     0
                                          Reconstruction
    555                  Carson, Andre    IndyGo EV           IndyGo              Indianapo   IN          774000
                                          Charging Stations                       lis
    556                   Mrvan, Frank    Kennedy Avenue      Little Calumet      Highland    IN          810000
                                          Bridge              River Basin         and                     0
                                          Replacement         Development         Hammond
                                                              Commission
    557                  Carson, Andre    Monument Circle/    City of             Indianapo   IN          128640
                                          Market Street       Indianapolis, DPW   lis                     00
                                          Reconstruction
    558                   Mrvan, Frank    Willowcreek Road    Porter County       Unincorpo   IN          741120
                                          Extension           Board of            rated                   0
                                                              Comissioners        Porter
                                                                                  County
    559                     Estes, Ron    Bridge              Sedgwick County     Sedgwick    KS          360000
                                          Replacement on                          County                  0
                                          151st Street West
                                          over the
                                          Ninnescah River
                                          (B485)
    560                               LaT Centennial Bridge   Kansas Department   Leavenwor   KS          100000
                                          Replacement         of Transportation   th                      0
    561                               LaT K-7 Bourbon         Kansas Department   Fort        KS          200000
                                          County              of Transportation   Scott                   0
    562                               LaT K-7 Crawford        Kansas Department   Girard      KS          200000
                                          County              of Transportation                           0
    563                     Estes, Ron    Reconstruction of   Sedgwick County     Sedgwick    KS          320000
                                          151st St West                           County                  0
                                          between 53rd St
                                          North and Highway
                                          K-96 (R356)
    564                     Estes, Ron    Reconstruction of   Sedgwick County     Sedgwick    KS          880000
                                          the South Half                          County
                                          Mile of 135th
                                          Street West
                                          between 53rd and
                                          61st Streets
                                          North (R348)
    565                               LaT Route 458e          Douglas County      Lawrence    KS          750000
                                          Improvements
    566                               LaT SW Topekae          City of Topeka      Topeka      KS          148000
                                          Boulevard (21st                                                 0
                                          to 29th) Street
                                          Resurfacing
    567                               LaT TopekaJake          Topeka              Topeka      KS          300000
                                          Metropolitan Bus    Metropolitan                                0
                                          Replacement         Transit Authority
    568                               LaT US-169 Neosho       Kansas Department   Thayer      KS          300000
                                          County              of Transportation                           0
    569                               LaT US-400 Cherokee     Kansas Department   Cherokee    KS          200000
                                          County              of Transportation                           0
    570                     Estes, Ron    US-400 Greenwood    Kansas Department   Greenwood   KS          500000
                                          County (KDOT        of Transportation   County                  0
                                          Project Number
                                          400-037 KA-5790-
                                          01)
    571                               LaT US-56 Douglas       Kansas Department   Baldwin     KS          300000
                                          County              of Transportation   City                    0
    572                               LaT Wakarusa Drive      City of Lawrence    Lawrence    KS          100000
                                          Reconstruction                                                  0
    573                               LaT Washington Creek    Douglas County      Lawrence    KS          400000
                                          Bridge
                                          Replacement
    574                     Estes, Ron    West Kellogg/US-    City of Witchita    Wichita     KS          180000
                                          54/400 Expansion                                                0
    575                Davids, Sharice    U.S. 69/167th St.   Kansas Department   Overland    KS          150000
                                          Interchange         of Transportation   Park                    00
                                          Improvement
                                          Project
    576                 Massie, Thomas    Congestion          City of Covington   Covington   KY          200000
                                          reduction and                                                   0
                                          traffic
                                          improvement
                                          project on KY-17/
                                          Scott Boulevard/
                                          Greenup Street
    577                 Guthrie, Brett    Extend KY 3155      Kentucky            Leitchfie   KY          320000
                                          from the southern   Transportation      ld,                     0
                                          Intersection at     Cabinet (SYP Item   Grayson
                                          KY 259 westerly     Number 4-8954)      County
                                          to KY 54
    578                  Yarmuth, John    I-65 SB Ramp to     Louisville Metro    Louisvill   KY          960000
                                          Brook St            Government          e                       0
    579                 Guthrie, Brett    Improve KY 54       Kentucky            Owensboro   KY          460000
                                          from west of the    Transportation      , Daviess               0
                                          US 60 Bypass to     Cabinet             County
                                          CR 1021
    580                Rodgers, Harold    Improve KY 461      Kentucky            Mount       KY          182000
                                          from US 150 to US   Transportation      Vernon,                 00
                                          25                  Cabinet             Rockcastl
                                                                                  e County
    581                Rodgers, Harold    Improve US 421      Kentucky            Cranks,     KY          960000
                                          near the Virginia   Transportation      Harlan
                                          State Line          Cabinet             County
    582                 Guthrie, Brett    Improve westbound   Kentucky            Lewisport   KY          320000
                                          lanes of US 60      Transportation      , Hancock               0
                                          from KY 1957 to     Cabinet (SYP Item   County
                                          KY 6106             Number 2-226)
    583                 Guthrie, Brett    KY 335              Kentucky            Horse       KY          320000
                                          improvements from   Transportation      Cave,                   0
                                          US 31W south of     Cabinet (SYP Item   Hart
                                          KY 218 to I-65      Number 4-441)       County
    584                 Massie, Thomas    KYCT project 6-     KYCT                Boone       KY          520000
                                          80101, KY -18 /                         County                  0
                                          Superstreet
                                          construction
    585                 Massie, Thomas    KYTC Project 6-     Kenton County       Kenton      KY          120640
                                          162.40, KY-536      Fiscal Court        County                  00
                                          from Williamswood
                                          Rd. to Calvery
                                          Dr. to KY-17
    586                     Barr, Andy    Newtown Pike        Kentucky            Lexington   KY          200000
                                          Extension           Transportation                              00
                                          Project--Phase      Cabinet
                                          III Scott Street
                                          Connector
    587                 Guthrie, Brett    Reconstruction of   Kentucky            Mount       KY          480000
                                          KY 44 from US 31E   Transportation      Washingto               0
                                          to KY 1319          Cabinet (SYP Item   n, Bullit
                                                              Number 5-347.50)    County
    588                  Yarmuth, John    Reimagine 9th       Louisville Metro    Louisvile   KY          500000
                                          Street              Government                                  0
    589                  Yarmuth, John    Smart Signal        Louisville Metro    Louisvill   KY          290000
                                          Network             Government          e                       0
    590                  Yarmuth, John    Traffic Calming     Kentucky            Louisvill   KY          240000
                                          Measures for        Transportation      e                       0
                                          Shelby Park and     Cabinet
                                          Smoketown
                                          Neighborhoods
    591                 Graves, Garret    Audubon Ave         City of Thibodaux   Thibodaux   LA          468510
                                          OVLY:LA 1 to
                                          Terrebonne P/L
    592                  Higgins, Clay    I-10 (Calcasieu     Louisiana           Lake        LA          100000
                                          River Bridge /      Department of       Charles                 00
                                          Approach)           Transportation
    593                  Higgins, Clay    I-49 Lafayette      Louisiana           Lafayette   LA          100000
                                          Connector           Department of                               00
                                                              Transportation
                                                              and Development
    594                Carter, Troy A.    LA 3127             Louisiana           St. James   LA          100000
                                                              Department of       Parish                  00
                                                              Transportation
                                                              and Development
    595                Carter, Troy A.    LA 428, General     Louisiana           New         LA          856000
                                          Meyer Blvd          Department of       Orleans                 0
                                                              Transportation
                                                              and Development
    596                 Graves, Garret    MRB South GBR: LA   Louisiana           Baton       LA          160000
                                          1 to LA 30          Department of       Rouge                   0
                                          Connector-          Transportation
                                          Environmental       and Development
                                          Evaluation
    597                 Graves, Garret    MRB South GBR: LA   Louisiana           Baton       LA          800000
                                          1 to LA 30          Department of       Rouge                   0
                                          Connector (Pre-     Transportation
                                          Engineering         and Development
                                          Design)
    598             McGovern, James P.    Amherst Town        Town of Amherst     Amherst     MA          134400
                                          Common                                                          0
                                          Transportation
                                          and Mobility
                                          Improvements
    599               Neal, Richard E.    Barker Road         City of             Pittsfiel   MA          100000
                                          Bridge Project      Pittsfield, MA      d                       0
    600              Auchincloss, Jake    Beacon Street       Town of             Brookline   MA          200000
                                          Bridle Path         Brookline,                                  0
                                                              Massachusetts
    601            Clark, Katherine M.    Belmont Community   Town of Belmont     Belmont     MA          350000
                                          Path                                                            0
    602             McGovern, James P.    Blackstone Valley   Massachusetts       Blackston   MA          813084
                                          Multi-Use Path      Department of       e                       2
                                          Phase 1, Segment--  Conservation and
                                          2                   Recreation (DCR)
    603            Clark, Katherine M.    Blue Line Signal    MBTA                Revere,     MA          600000
                                          Program                                 Boston                  0
    604            Keating, William R.    Bourne Rail Trail   Town of Bourne      Bourne      MA          147286
                                                                                                          80
    605                               Lyn Brockton Area       Brockton Area       Brockton    MA          292000
                                          Transit--Buy        Transit                                     0
                                          Replacement 35'
                                          Bus (6)
    606                               Lyn Brockton Area       Brockton Area       Brockton    MA          316000
                                          Transit--Buy        Transit                                     0
                                          Replacement 35'
                                          Electric Bus (5)
    607                               Lyn Brockton Area       Brockton Area       Brockton    MA          480000
                                          Transit--Purchase   Transit
                                          Misc. Electric
                                          Power Equipment
    608              Auchincloss, Jake    Christina Street    City of Newton      Newton      MA          160000
                                          Rail Bridge         and Town of                                 0
                                                              Needham
    609                               Lyn Columbian Square    Town of Weymouth    Weymouth    MA          300000
                                          Intersection                                                    0
                                          Improvements
    610            Keating, William R.    Court and Cherry    Town of Plymouth    Plymouth    MA          200000
                                          Street                                                          0
                                          Intersection
                                          Improvement
    611               Pressley, Ayanna    Davis Square        Massachusetts       Somervill   MA          100000
                                          Transit Signal      Department of       e
                                          Priority Project    Transportation
    612               Neal, Richard E.    Division Street     Town of Great       Great       MA          200000
                                          Bridge Project      Barrington          Barringto               0
                                                                                  n
    613   .............................   Double-Tracking     Massachusetts Bay   Andover     MA          580000
                                          on Haverhill Line   Transportation      and                     0
                                          in Massachusetts    Authority           Wilmingto
                                                                                  n
                         Moulton, Seth   ..................  ..................  ..........  ..........   290000
                                                                                                          0
                              Trahan, Lor..................  ..................  ..........  ..........   290000
                                                                                                          0
    614            Keating, William R.    Drift Road at       Town of Westport    Westport    MA          600000
                                          Kirby Brooke
                                          Replacement
                                          Project
    615                  Moulton, Seth    Fiske Street and    Tewksbury           Tewksbury   MA          456000
                                          Andover Street      Department of
                                          Sidewalk and        Public Works
                                          Street
                                          Improvements
    616               Neal, Richard E.    Glendale Street     City of             Easthampt   MA          100000
                                          Bridge Project      Easthampton, MA     on                      0
    617               Neal, Richard E.    Intersection        Massachusetts       Southbrid   MA          100000
                                          Improvements at     Department of       ge                      0
                                          Central Street,     Transportation
                                          Foster St, Hook
                                          St, Hamilton St
    618                       Trahan, Lor Intersection        Massachusetts       Ashby       MA          100000
                                          improvements at     Department of                               0
                                          Greenville Road     Transportation
                                          (Rte 31) and
                                          Turnpike Road
    619                       Trahan, Lor Intersection        Massachusetts       Acton       MA          110000
                                          Improvements at     Department of                               0
                                          Massachusetts       Transportation
                                          Avenue (Route
                                          111) and Main
                                          Street (Route 27)
                                          (Kelley's Corner)
    620                       Trahan, Lor Intersection        Massachusetts       Methuen     MA          100000
                                          improvements at     Department of                               0
                                          Riverside Drive     Transportation
                                          and Burnham Road
    621             McGovern, James P.    Intersection        Town of Sterling    Sterling    MA          320000
                                          Improvements at
                                          Route 140/Route
                                          62
    622                       Trahan, Lor Intersection        Massachusetts       Ayer and    MA          100000
                                          Improvements on     Department of       Littleton               0
                                          Route 2A at         Transportation
                                          Willow Road and
                                          Bruce Street
    623                       Trahan, Lor Intersection        Massachusetts       Haverhill   MA          100000
                                          reconstruction on   Department of                               0
                                          Rte 108 (Newton     Transportation
                                          Road) at Rte 110
                                          (Kenoza Ave. and
                                          Amesbury Road)
    624               Neal, Richard E.    James Street        City of Chicopee,   Chicopee    MA          200000
                                          Project             MA                                          0
    625            Clark, Katherine M.    Lake Cochituate     Town of Natick      Natick      MA          307872
                                          Path                                                            2
    626             McGovern, James P.    Leyden Road         City of             Greenfiel   MA          184000
                                          Sidewalk            Greenfield          d                       0
                                          Construction
    627                  Moulton, Seth    Lynn Commuter       Massachusetts Bay   Lynn        MA          100000
                                          Rail Station        Transportation                              00
                                          Rehabilitation      Authority
    628               Pressley, Ayanna    McGrath Highway     Massachusetts       Somervill   MA          500000
                                          Road Diet /         Department of       e
                                          Protected Bike      Transportation
                                          Lane Project
    629                               Lyn Merrymount Bridge   City of Quincy      Quincy      MA          600000
                                          Reconstruction                                                  0
                                          Project
    630            Clark, Katherine M.    MetroWest           MetroWest           Framingha   MA          160000
                                          Regional Transit    Regional Transit    m                       0
                                          Authority Blandin   Authority (MWRTA)
                                          Back Entrance
                                          (MWRTA BEB
                                          Project)
    631                       Trahan, Lor New vans for        Merrimack Valley    Haverhill   MA          375000
                                          elderly and those   Regional Transit
                                          with disabilities   Authority
    632               Neal, Richard E.    North Adams         City of North       North       MA          200000
                                          Adventure Trail     Adams, MA           Adams                   0
    633                  Moulton, Seth    Peabody Canal       Peabody             Peabody     MA          664298
                                          Riverwalk           Department of                               0
                                          Construction        Community
                                                              Development and
                                                              Planning
    634                               Lyn Planning and.       City of Boston      Boston      MA          250000
                                          Design for                                                      0
                                          protecting
                                          critical
                                          transportation
                                          infrastructure
                                          and improving
                                          pedestrian access
                                          to the Northern
                                          Avenue Bridge and
                                          along the Fort
                                          Point Channel
    635            Clark, Katherine M.    Reconstruction      Town of Winthrop    Winthrop    MA          505849
                                          and Related Work                                                3
                                          Along Revere
                                          Street Corridor
    636                       Trahan, Lor Reconstruction      Massachusetts       Lowell      MA          300000
                                          and related work    Department of                               0
                                          on VFW Highway      Transportation
    637                       Trahan, Lor Reconstruction of   Massachusetts       Littleton   MA          200000
                                          Foster Street       Department of                               0
                                                              Transportation
    638              Auchincloss, Jake    Regional Bike and   Town of North       North       MA          150000
                                          Walking Trail       Attleborough        Attleboro               0
                                          (North                                  ugh
                                          Attleborough
                                          Branch)
    639                       Trahan, Lor Rehab Fitchburg     Montachusett        Fitchburg   MA          400000
                                          Intermodal Center   Regional Transit
                                                              Authority
    640             McGovern, James P.    Rehabilitation &    Town of             Shrewsbur   MA          800000
                                          Box Widening on     Shrewsbury          y                       0
                                          Route 20, from
                                          Route 9 to South
                                          Street
    641                       Trahan, Lor Rehabilitation of   Massachusetts       Westford    MA          200000
                                          Boston Road         Department of                               0
                                                              Transportation
    642                       Trahan, Lor Replace diesel      Lowell Regional     Lowell      MA          624800
                                          bus with hybrid     Transit Authority
                                          bus
    643                       Trahan, Lor Replace fueling     Lowell Regional     Lowell      MA          775200
                                          station at 100      Transit Authority
                                          Hale Street
    644                       Trahan, Lor Riverbank           Merrimack Valley    Haverhill   MA          725000
                                          stabilization       Regional Transit
                                          construction at     Authority
                                          MVRTA bus garage
                                          and
                                          administration
                                          building
    645                       Trahan, Lor Roadway             Massachusetts       Ashburnha   MA          100000
                                          rehabilitation on   Department of       m                       0
                                          route 101 south     Transportation
                                          (Ashburnham)
    646               Neal, Richard E.    Route 131 Bridge    Massachusetts       Dudley      MA          100000
                                          Project             Department of                               0
                                                              Transportation
    647               Pressley, Ayanna    Route 28 / Route    City of             Somervill   MA          300000
                                          38 Intersection     Somerville          e                       0
                                          Safety
                                          Improvements
                                          Project
    648               Pressley, Ayanna    Ruggles Station     Massachusetts Bay   Roxbury     MA          300000
                                          State of Good       Transportation                              0
                                          Repair              Authority
                                          Improvements
    649                               Lyn Stoughtonn F.       Town of Stoughton   Stoughton   MA          184000
                                          Intersection                                                    0
                                          Improvements at
                                          Canton St. (Route
                                          27), School St.,
                                          and Summer St.
    650               Neal, Richard E.    Sturbridge          Massachusetts       Sturbridg   MA          100000
                                          Roundabout          Department of       e                       0
                                          Construction        Transportation
    651                       Trahan, Lor Sudbury-Concord     Massachusetts       Concord     MA          100000
                                          Bike Path           Department of                               0
                                          Construction        Transportation
                                          (Bruce Freeman
                                          Trail)
    652              Auchincloss, Jake    Taunton River       City of Taunton     Taunton     MA          480000
                                          Trail                                                           0
    653               Neal, Richard E.    Union Station       City of             Springfie   MA          600000
                                          Regreening &        Springfield, MA     ld                      0
                                          Lighting Project
    654              Auchincloss, Jake    Walnut Street       Town of             Foxboroug   MA          200000
                                          Signalization       Foxborough          h                       0
                                          Project
    655               Pressley, Ayanna    Warren Street /     Massachusetts       Boston      MA          120000
                                          Blue Hill Avenue    Department of                               00
                                          Multi-modal         Transportation
                                          Corridor Phase I
    656            Keating, William R.    West Rodney         City of New         New         MA          237368
                                          French              Bedford             Bedford                 0
                                          Improvement
                                          Project
    657              Auchincloss, Jake    West Street/Route   Town of Medfield    Medfield    MA          144000
                                          27 Intersection                                                 0
                                          Reconstruction
    658   .............................   Baltimore           Baltimore City      Baltimore   MD          132000
                                          Greenway Trails     Department of       City                    00
                                          Network: Critical   Transportation
                                          Corridor
                                          Advancements
                          Mfume Kweisi   ..................  ..................  ..........  ..........   440000
                                                                                                          0
            Ruppersberger, C. A. Dutch   ..................  ..................  ..........  ..........   440000
                                                                                                          0
                        Sarbanes, John   ..................  ..................  ..........  ..........   440000
                                                                                                          0
    659                  Raskin, Jamie    Bicycle-Pedestria   Montgomery County   Montgomer   MD          650000
                                          n Priority Area     Department of       y County                0
                                          Improvements--Pur   Transportation
                                          ple Line (TIP
                                          3642 Pedestrian
                                          Safety Program)
    660                 Sarbanes, John    Dobbin Road         Howard County,      Columbia    MD          320000
                                          Pathway             Office of                                   0
                                                              Transportation
    661   .............................   Dual Locomotives    Maryland            Baltimore   MD          200000
                                          for Commuter Rail   Department of       City                    0
                                          Service in the      Transportation
                                          Future B&P Tunnel   Maryland Transit
                                                              Administration
                        Brown, Anthony   ..................  ..................  ..........  ..........   100000
                                                                                                          0
                          Mfume Kweisi   ..................  ..................  ..........  ..........   100000
                                                                                                          0
    662   .............................   East-West           Maryland Transit    Baltimore   MD          150000
                                          Priority Corridor   Administration                              00
                                                              and Baltimore
                                                              City Department
                                                              of Transportation
                          Mfume Kweisi   ..................  ..................  ..........  ..........   500000
                                                                                                          0
            Ruppersberger, C. A. Dutch   ..................  ..................  ..........  ..........   500000
                                                                                                          0
                        Sarbanes, John   ..................  ..................  ..........  ..........   500000
                                                                                                          0
    663   .............................   Electric Bus        Montgomery County   Rockville   MD          499200
                                          Grants              Department of       , Silver                0
                                                              Transportation      Spring
                         Raskin, Jamie   ..................  ..................  ..........  ..........   193700
                                                                                                          0
                          Trone, David   ..................  ..................  ..........  ..........   178000
                                                                                                          0
                        Sarbanes, John   ..................  ..................  ..........  ..........   127500
                                                                                                          0
    664                   Trone, David    Fayette Street      Mayor/City          Cumberlan   MD          480000
                                          Bridge              Council of          d                       0
                                          Replacement         Cumberland MD
    665                  Raskin, Jamie    Frederick and       Frederick County    City of     MD          256000
                                          Pennsylvania        Government          Frederick               0
                                          Railroad Trail                          and
                                                                                  Walkersvi
                                                                                  lle
    666                   Mfume Kweisi    Howard County       Howard County,      Columbia    MD          320000
                                          Flash Extension     Maryland                                    0
    667                   Trone, David    I-81 Phase 2        Maryland DOT        Hagerstow   MD          462000
                                          Reconstruction                          n                       0
    668                Hoyer, Steny H.    Interstate 95/      Maryland            Greenbelt   MD          200000
                                          Greenbelt METRO/    Department of                               00
                                          MARC Station        Transportation/
                                          Access and          Prince George's
                                          Redevelopment       County Department
                                          Project             of Transportation
    669                   Mfume Kweisi    MicroTransit &      Baltimore County    Owings      MD          201901
                                          Demand Response     Department of       Mills                   2
                                          Electric Transit    Public Works and
                                          Vehicles and        Maryland
                                          Infrastructure      Department of
                                                              Transportation
                                                              Maryland Transit
                                                              Administration
    670                 Brown, Anthony    New Carrollton      Prince George's     Landover    MD          184800
                                          Metro/MARC/Amtrak/  County                                      00
                                          Purple Line
                                          Multimodal
                                          Transit District
                                          Right-of-Way
                                          Improvements
    671     Ruppersberger, C. A. Dutch    Northwest           Baltimore County    Owings      MD          800000
                                          Expressway (I-      DPW and MDOT-SHA    Mills
                                          795) at Dolfield
                                          Boulevard
                                          Interchange
                                          Redesign
    672                 Sarbanes, John    Parole              Anne Arundel        Annapolis   MD          200000
                                          Transportation      County                                      0
                                          Center
    673     Ruppersberger, C. A. Dutch    US 1 Safety         Howard County,      North       MD          320000
                                          Projects            Maryland            Laurel,                 0
                                                                                  Savage,
                                                                                  Jessup,
                                                                                  Elkridge
    674                   Trone, David    US 15 Frederick     Maryland DOT        Frederick   MD          880000
                                          Freeway                                                         0
                                          Reconstruction
    675                 Sarbanes, John    US 29 Rapid         Montgomery County   Silver      MD          400000
                                          Transit             Department of       Spring                  0
                                          Improvements--Pha   Transportation
                                          se 2 Design
    676                  Raskin, Jamie    Veirs Mill /        MCDOT               Rockville   MD          600000
                                          Randolph Bicycle                                                0
                                          & Pedestrian
                                          Priority
                                          Improvements
    677     Ruppersberger, C. A. Dutch    Woodley Road        Harford County,     Aberdeen    MD          500000
                                          Extension to MD     Maryland                                    0
                                          715
    678               Pingree, Chellie    Berwick Route 9--   Kittery Area        Berwick     ME          800000
                                          Intersection        Comprehensive
                                          Improvements        Transportation
                                                              System (PACTS)
    679               Pingree, Chellie    Casco Bay Lines     Casco Bay Lines     Portland    ME          750000
                                          Replacement Ferry   Transit District                            0
    680               Pingree, Chellie    Maine State Ferry   Maine Department    Rockland    ME          750000
                                          Vessel              of Transportation                           0
                                          Replacement
    681                  Golden, Jared    Milo, Sebec River   MaineDOT            Milo        ME          800000
                                          Bridge                                                          0
                                          Replacements and
                                          Village
                                          Improvements
    682                  Golden, Jared    New Transit Hub     City of Bangor--    Bangor      ME          327600
                                                              Community
                                                              Connector
    683               Pingree, Chellie    Sanford SRTS        Maine Department    Sanford     ME          400000
                                          Multi-Use Trail     of Transportation
    684               Pingree, Chellie    Sanford US Route    Maine Department    Sanford     ME          360000
                                          202/State Route     of Transportation                           0
                                          4A
    685                  Golden, Jared    U.S. Route 1        MaineDOT            Van Buren   ME          107000
                                          Improvements                                                    00
    686                               Lev 10 Mile Signal      City of Center      Center      MI          550068
                                          Modernization       Line                Line
    687                               Lev 14 Mile Rd          Village of          Beverly     MI          120808
                                          Rehabilitation,     Beverly Hills       Hills                   0
                                          Lahser to
                                          Evergreen
    688                               Lev 14 Mile Road        City of Roseville   Roseville   MI          310000
                                                                                                          0
    689                      McClain, Lis 21 Mile Road        Macomb Township     Macomb      MI          161680
                                          Bridge                                  Township                0
                                          Replacement over
                                          the Gloede Drain
    690                   Walberg, Tim    Airport Road        Jackson County      Blackman    MI          493000
                                          Rehabilitation      DOT                 Township,               0
                                          Project                                 Jackson
                                                                                  County
    691                 Stevens, Haley    Beck Road           City of Wixom       Wixom       MI          186120
                                          Business Corridor                                               00
                                          Railroad Grade
                                          Crossing Safety
                                          Project
    692                               Law Bridge andda        Michigan            Detroit     MI          183881
                                          Pedestrian          Department of                               2
                                          Facility Upgrades   Transportation
                                          on the Detroit
                                          Riverwalk
    693                    Kildee, Dan    Bristol Road and    Genesee County      Flint       MI          700000
                                          Van Slyke Road      Road Commission     Township
                                          Concrete Pavement
                                          Reconstruction
                                          Project
    694                    Kildee, Dan    Bristol Road:       City of Burton      Burton      MI          124800
                                          Mill and                                                        0
                                          Resurface
    695                Slotkin, Elissa    Burcham Dr.         City of East        East        MI          101783
                                                              Lansing             Lansing                 8
    696                    Kildee, Dan    Center Road         Genesee County      Genesee     MI          600000
                                          Reconstruction      Road Commission     Township
                                          Project
    697                Slotkin, Elissa    Coolidge Rd (Road   City of East        East        MI          883359
                                          Rehabilitation      Lansing             Lansing
                                          and Bike Lanes)
    698                  Meijer, Peter    Division Avenue     City of Grand       Grand       MI          420000
                                          Project             Rapids              Rapids                  0
    699                Slotkin, Elissa    E Michigan Avenue   City of Lansing     Lansing     MI          258912
                                                                                                          1
    700                    Kildee, Dan    Feher Drive         City of Montrose    Montrose    MI          680000
                                          Reconstruction &
                                          Pedestrian
                                          Improvement
                                          Project
    701                    Kildee, Dan    Fenton Road         City of Flint and   Flint       MI          400000
                                          Bridge over the     Michigan
                                          Thread Creek        Department of
                                                              Transportation
                                                              (MDOT)
    702                    Kildee, Dan    Flint Mass          Flint Mass          Flint       MI          106238
                                          Transportation      Transportation                              7
                                          Authority (MTA)     Authority (MTA)
                                          Rides to Wellness
                                          Facility
                                          Expansion/
                                          Renovation
    703                      McClain, Lis Genesee Street      City of Lapeer      Lapeer      MI          189675
                                          Bridge over                                                     0
                                          Farmers Creek
    704                  Meijer, Peter    Grandville Avenue   City of Grand       Grand       MI          400000
                                          Project             Rapids              Rapids                  0
    705                      McClain, Lis Haist Road over     Huron County Road   Winsor      MI          194000
                                          Pigeon River        Commission          Township
                                          Preventive
                                          Maintenance
    706                               Lev Hubbard Street      City of Mount       Mount       MI          942400
                                          Rehabilitation      Clemens             Clemens
    707                 Tlaib, Rashida    Inkster Road        Wayne County        Inkster     MI          329600
                                          Bridge Over the
                                          Lower Rouge
                                          River--Capital
                                          Preventative
                                          Maintenance
    708                               Law Intelligenta        Michigan            Pontiac     MI          224000
                                          Transportation      Department of                               0
                                          Systems Capital     Transportation
                                          Investments in
                                          Traffic Signals
                                          on M-59
    709                    Kildee, Dan    Iron Belle Trail    City of Burton      Burton      MI          120000
                                                                                                          0
    710                               Law Joe Louisnda        City of Detroit     City of     MI          392000
                                          Greenway                                Hamtramck               0
                                          Hamtramck Drive
                                          Shared Use Path
    711                    Upton, Fred    Kalamazoo US-131/   Michigan            Kalamazoo   MI          147456
                                          US-131BR            Department of                               00
                                                              Transportation
    712                               Lev Kelly Road          City of Fraser      Fraser      MI          350000
                                                                                                          0
    713                      McClain, Lis King Road Bridge    St. Clair County    China       MI          229980
                                          Replacement over                        Township                0
                                          the Belle River
    714                      McClain, Lis Kuhl Road over      Huron County Road   Fairhaven   MI          128240
                                          Shebeon Drain       Commission          Township                0
                                          Bridge
                                          Replacement
    715                  Bergman, Jack    Lake Shore Drive,   Houghton County     Calumet     MI          104000
                                          Houghton County,    Road Commission     and                     0
                                          Michigan                                Hancock
                                                                                  Township
    716                Slotkin, Elissa    M-143W              City of Lansing     Lansing     MI          597767
    717                      McClain, Lis M-46 and M-19       Michigan            Elmer       MI          100730
                                          Reconstruction      Department of       Township                42
                                                              Transportation
    718                      McClain, Lis Marlette Road       Sanilac Road        Marlette    MI          140600
                                          Bridge over South   Commission                                  0
                                          Branch of the
                                          Cass River
    719                Dingell, Debbie    Miller Road and     Wayne County        Dearborn    MI          200000
                                          Rotunda Drive                                                   00
                                          Bridges
    720   .............................   Mound Road          Macomb County       Macomb      MI          110000
                                          Industrial                              County,                 00
                                          Corridor                                Warren
                                          Technology and
                                          Innovation
                                          Project
                             McClain, Lis..................  ..................  ..........  ..........   100000
                                                                                                          0
                                      Lev..................  ..................  ..........  ..........   100000
                                                                                                          00
    721                               Law Mt. Vernon Street   City of             Southfiel   MI          440000
                                          Reconstruction      Southfield          d                       0
    722                Slotkin, Elissa    N Cedar St          Ingham County       Mason       MI          254308
                                                              Road Department                             3
    723                Slotkin, Elissa    N Putnam St         City of             Williamst   MI          375000
                                                              Williamston         on
    724                    Kildee, Dan    N. Leroy            City of Fenton      Fenton      MI          160000
                                          Streetscape and                                                 0
                                          Resurfacing
                                          Project
    725                 Tlaib, Rashida    North Beech Daily   Wayne County        Dearborn    MI          141722
                                          Road                                    Heights                 6
                                          Rehabilitation
                                          Project
    726                 Tlaib, Rashida    Oakland Avenue      Highland Park       Highland    MI          121216
                                          Road                                    Park                    9
                                          Rehabilitation
                                          Project
    727                   Walberg, Tim    Oakville Waltz      Monroe County       London      MI          372800
                                          Road                Roadd Commission    Township                0
    728                               Law Orchard Lake Road   Road Commission     Farmingto   MI          107608
                                          from 13 Mile to     for Oakland         n Hills                 5
                                          14 Mile             County
    729                               Law Orchard Lake Road   Road Commission     City of     MI          200000
                                          from Middlebelt     for Oakland         Sylvan                  0
                                          to Pontiac City     County              Lake,
                                          Limits                                  West
                                                                                  Bloomfiel
                                                                                  d and
                                                                                  Bloomfiel
                                                                                  d
                                                                                  Township
                                                                                  in
                                                                                  Oakland
                                                                                  County
    730                  Meijer, Peter    Ottawa Avenue       City of Grand       Grand       MI          845000
                                          Project             Rapids              Rapids
    731                 Tlaib, Rashida    Pedestrian          Michigan            Wayne       MI          828000
                                          Improvements on     Department of
                                          US-12               Transportation
    732                 Tlaib, Rashida    Pennsylvania Road   Wayne County        On border   MI          150000
                                          Grade Separation                        of City                 00
                                                                                  of
                                                                                  Romulus
                                                                                  and Huron
                                                                                  Township
    733                    Kildee, Dan    Pierson Road        Genesee County      Mt.         MI          240000
                                          Reconstruction      Road Commission     Morris                  0
                                          Project                                 Township
    734                   Walberg, Tim    Plank Road over     Michigan DOT        Milan       MI          433561
                                          US-23                                                           8
    735                    Kildee, Dan    Reid Road           City of Grand       Grand       MI          700000
                                          Downtown            Blanc               Blanc
                                          Streetscape and
                                          Rehabilitation
                                          Spur Community
                                          Project
    736                               Law Resurfacing of 12   Road Commission     Southfiel   MI          750000
                                          Mile Road in        for Oakland         d
                                          Southfield from     County
                                          Northwester Hwy
                                          to Telegraph Road
    737                Slotkin, Elissa    S Pennsylvania      City of Lansing     Lansing     MI          147200
                                          Ave                                                             0
    738                    Kildee, Dan    Saginaw Street      City of Flint and   Flint       MI          160000
                                          Road                Michigan                                    0
                                          Reconstruction      Department of
                                          Project             Transportation
                                                              (MDOT)
    739                    Kildee, Dan    Saginaw Transit     Saginaw Transit     Saginaw     MI          238845
                                          Authority           Authority                                   6
                                          Regional Services   Regional Services
                                          (STARS) Bus         (STARS)
                                          Replacement
    740                    Kildee, Dan    Saginaw Transit     Saginaw Transit     Saginaw     MI          200000
                                          Authority           Authority
                                          Regional Services   Regional Services
                                          (STARS) Potter      (STARS)
                                          Street Station
                                          Study
    741                    Kildee, Dan    Silver Lake Road    City of Fenton      Fenton      MI          868682
                                          Connector Trail                         and
                                                                                  Linden
    742                  Bergman, Jack    Skanee Road         Baraga County       L-Anse      MI          753000
                                          Improvements        Road Commission     and Arvon               0
                                          (from Jentoft                           Townships
                                          Road to Town
                                          Road)
    743                  Bergman, Jack    Skanee Road         Baraga County       Arvon       MI          400000
                                          Improvements        Road Commission     Township                0
                                          (from Town Road
                                          to Portice Road)
    744                Slotkin, Elissa    Snyder Rd.          City of East        East        MI          263500
                                                              Lansing             Lansing
    745                  Bergman, Jack    St. Ignace Road     Mackinac County     Marquette   MI          800000
                                          Reconstruction      Road Commission     Township
    746                    Kildee, Dan    State Park Drive    Bay County Road     Charter     MI          200000
                                          Reconstruction      Commission (BCRC)   Township                0
                                                                                  of Bangor
                                                                                  and Bay
                                                                                  City
    747                   Walberg, Tim    US-12 over the      Michigan DOT        Coldwater   MI          645360
                                          Coldwater River
                                          Reconstruction
    748                   Walberg, Tim    US-127 and US-223   Michigan DOT        Addison     MI          480000
                                          Resurfacing                                                     0
    749                Slotkin, Elissa    W Grand River Rd    Livingston          Howell      MI          296826
                                                              Essential
                                                              Transportation
                                                              Service (LETS)
    750                Slotkin, Elissa    W Silver Bell Rd    Road Commission     Auburn      MI          420000
                                                              for Oakland         Hills and               0
                                                              County (RCOC)       Orion
                                                                                  Township
    751                Slotkin, Elissa    Waverly Rd          City of Lansing     Lansing     MI          744762
    752                  Meijer, Peter    Wealthy Street-     City of Grand       Grand       MI          725000
                                          Fuller Ave to       Rapids              Rapids                  0
                                          East City Limits
    753                    Kildee, Dan    Wenona Avenue       City of Bay City    Bay City    MI          232500
                                          Reconstruction                                                  0
    754                   Craig, Angie    Apple Valley        Minnesota Valley    Apple       MN          800000
                                          Transit Station     Transit Authority   Valley
                                          Modernization
    755   .............................   Bottineau LRT       Metropolitan        Minneapol   MN          200000
                                          Project             Council             is to                   00
                                                                                  Brooklyn
                                                                                  Park
                           Omar, Ilhan   ..................  ..................  ..........  ..........   100000
                                                                                                          00
                        Phillips, Dean   ..................  ..................  ..........  ..........   100000
                                                                                                          00
    756                   Craig, Angie    Burnsville Bus      Minnesota Valley    Burnsvill   MN          240000
                                          Garage              Transit Authority   e                       0
                                          Modernization
    757                   Craig, Angie    City of Wabasha     City of Wabasha     Wabasha     MN          397500
                                          Highway 60                                                      0
                                          Realignment
    758   .............................   E-Line Bus Rapid    Metro Transit       Minneapol   MN          500000
                                          Transit (BRT)                           is to                   0
                                                                                  Edina
                           Omar, Ilhan   ..................  ..................  ..........  ..........   250000
                                                                                                          0
                        Phillips, Dean   ..................  ..................  ..........  ..........   250000
                                                                                                          0
    759                    Omar, Ilhan    F-Line Bus Rapid    Metro Transit       Columbia    MN          450000
                                          Transit (BRT)                           Heights                 0
    760                   Craig, Angie    Goodhue County      Goodhue County      Red Wing    MN          640000
                                          CSAH 2 Bridge
                                          Replacement
    761                   Craig, Angie    I-35/CSAH 50        Dakota County       Lakeville   MN          700000
                                          Interchange
                                          Preliminary
                                          Engineering
    762                     Emmer, Tom    I-94 Expansion      Minnesota           St. Paul    MN          200000
                                                              Department of                               00
                                                              Transportation
    763                McCollum, Betty    Kellogg-Third       City of Saint       St. Paul    MN          750000
                                          Street Bridge       Paul                                        0
    764                    Omar, Ilhan    Pedestrian Bridge   MN DOT              Minneapol   MN          300000
                                          Over I-94                               is                      0
    765                McCollum, Betty    Reconnect Rondo     Minnesota           Saint       MN          520000
                                          Land Bridge         Department of       Paul                    0
                                                              Transportation
    766                McCollum, Betty    Rice Street         Ramsey County       Saint       MN          686400
                                          Revitalization                          Paul                    0
                                          Project
    767                 Phillips, Dean    University of       University of       Chaska      MN          584000
                                          Minnesota           Minnesota                                   0
                                          Arboretum Access
                                          and Egress
                                          Improvements
    768                   Craig, Angie    US 169/TH 282/ CH   Scott County        Jordan      MN          230000
                                          9 Interchange                                                   0
                                          Project
    769                  Stauber, Pete    US Highway 8        Chicago County      Chisago     MN          200000
                                          Reconstruction                          City,                   00
                                                                                  Wyoming,
                                                                                  Forest
                                                                                  Lake
    770                   Craig, Angie    Veterans Memorial   Dakota County       Eagan       MN          500000
                                          Greenway                                                        0
    771                     Bush, Cori    Adding signing      Missouri            St. Louis   MO          708800
                                          and striping for    Department of
                                          wrong way counter-  Transportation
                                          measures at
                                          various ramp
                                          locations
                                          throughout the
                                          St. Louis
                                          District
    772                               Lue Bridger, Blaine     Missouri            Montgomer   MO          720000
                                          improvement and     Department of       y County
                                          widening over       Transportation
                                          Elkhorn Creek 1.6
                                          miles south of
                                          Rte. CC near
                                          Buell
    773                               Lue Bridge Rehab at     Missouri            Wentzvill   MO          308800
                                          Pitman Ave, I-70,   Department of       e                       0
                                          and I-64 in         Transportation
                                          Wentzville
    774                     Bush, Cori    Bridge              Missouri            St. Louis   MO          257600
                                          Rehabilitation      Department of                               0
                                          and Pavement        Transportation
                                          Repairs
    775                               Lon Chadwick Flyer      Ozarks              Springfie   MO          400000
                                          Central Greenway    Transportation      ld                      0
                                          Trail               Organization
    776               Cleaver, Emanuel    Cliffs Drive        Department of       Kansas      MO          216000
                                          State Scenic        Parks and           City                    0
                                          Byway               Recreation, City
                                          Improvements        of Kansas City,
                                                              Missouri
    777               Cleaver, Emanuel    Downtown Odessa     City of Odessa      Odessa      MO          900000
                                          Infrastructure
                                          Improvements
    778                               Lon Expand I-44 to 6    Ozarks              Springfie   MO          180000
                                          lanes in the        Transportation      ld                      0
                                          Springfield area    Organization
    779                               Lon Grand Street        Ozarks              Springfie   MO          300000
                                          Pedestrian          Transportation      ld                      0
                                          Underpass and       Organization
                                          Streetscape
                                          Improvements
    780                               Lue Hydraulic Study     Missouri            Washingto   MO          240000
                                          for causeway        Department of       n
                                          north of            Transportation
                                          Washington
    781                Hartzler, Vicky    I-44: Bridge        Missouri            Laclede     MO          331200
                                          rehabilitation      Department of       County
                                          over Gasconade      Transportation
                                          overflow. Project
                                          involves bridge
                                          L0753
    782                Hartzler, Vicky    I-70: Bridge        Missouri            Cooper      MO          246400
                                          improvements over   Department of       County
                                          Chouteau Creek.     Transportation
                                          Project involves
                                          bridge A5118 and
                                          A5119
    783                Hartzler, Vicky    Improve bridge      Missouri            Audrain     MO          548800
                                          conditions at Rt.   Department of       County
                                          C in Audrain        Transportation
                                          County
    784                Hartzler, Vicky    Improve pavement    Missouri            Randolph    MO          600800
                                          condition Rt. BB    Department of       County
                                          Randolph County     Transportation
    785                Hartzler, Vicky    Improve pavement    Missouri            Randolph    MO          763200
                                          condition Rt. K     Department of       County
                                          Randolph County     Transportation
    786                    Graves, Sam    Interstate 35 and   Missouri            Kearney     MO          550000
                                          19th Street         Department of                               0
                                          Interchange         Transportation
    787               Cleaver, Emanuel    Jazz District       City of Kansas      Kansas      MO          600000
                                          Pedestrian Plaza    City                City                    0
                                          at 18th & Vine
    788   .............................   Kansas City         Kansas City Area    Kansas      MO          105000
                                          Regional Zero       Transportation      City                    00
                                          Emission Electric   Authority
                                          Bus Program
                      Cleaver, Emanuel   ..................  ..................  ..........  ..........   600000
                                                                                                          0
                       Davids, Sharice   ..................  ..................  ..........  ..........   450000
                                                                                                          0
    789                    Graves, Sam    Little Blue         City of Kansas      Kansas      MO          500000
                                          Trace--Rock         City                City
                                          Island Trail
                                          Connector
    790                               Lon MM Highway          City of Republic    Republic    MO          320000
                                          Expansion from I-                                               0
                                          44 to US 60
    791                               Lue MO 100: Bridgee     Missouri            Osage       MO          917600
                                          improvements over   Department of       County
                                          Cedar Creek         Transportation
                                          Project involves
                                          A1848
    792                     Bush, Cori    MO 100: Upgrade     Missouri            St. Louis   MO          250000
                                          pedestrian          Department of                               0
                                          facilities to       Transportation
                                          comply with ADA
                                          Transition Plan
                                          and pavement
                                          resurfacing from
                                          Rte. 61 to Big
                                          Bend Blvd, bridge
                                          replacement over
                                          Black Creek,
                                          signal
                                          replacement
    793                Hartzler, Vicky    MO 127: Bridge      Missouri            Pettis      MO          786400
                                          rehabilitation      Department of       County
                                          over Basin Fork     Transportation
                                          Creek 0.6 mile
                                          south of Dove
                                          Road and 0.7 mile
                                          north of Chaney
                                          Road. Project
                                          involves bridge
                                          X0439
    794                Hartzler, Vicky    MO 13: Add turn     Missouri            Johnson     MO          425600
                                          lanes at the        Department of       County
                                          intersection of     Transportation
                                          Rte. E
    795                Hartzler, Vicky    MO 13: Pavement     Missouri            St. Clair   MO          748800
                                          improvements on     Department of       County
                                          the southbound      Transportation
                                          lanes from SE
                                          1100 Road to NE
                                          201 Road
    796                               Lue MO 19: I-70 toe     Missouri            Montgomer   MO          880000
                                          Hermann add         Department of       y County
                                          shoulders           Transportation
    797                Hartzler, Vicky    MO 23: Add turn     Missouri            Johnson     MO          395200
                                          lanes at the        Department of       County
                                          intersection of     Transportation
                                          Rte. D
    798                Hartzler, Vicky    MO 254: Pavement    Missouri            Hermitage   MO          440000
                                          improvements from   Department of
                                          Route 64 to Route   Transportation
                                          54 in Hermitage.
    799                Hartzler, Vicky    MO 38: Pavement     Missouri            Webster     MO          676800
                                          resurfacing from    Department of       County
                                          Rte. J to west of   Transportation
                                          Rte. CC.
    800                               Lue MO 47:r, Blaine     Missouri            Troy and    MO          925600
                                          Engineering for     Department of       Hawk
                                          pavement            Transportation      Point
                                          improvements from
                                          H to A.
    801                Hartzler, Vicky    MO 7: Bridge        Missouri            Benton      MO          96000
                                          Rehabilitation      Department of       County
                                          over Truman Lake.   Transportation
                                          Project involves
                                          bridge A3465
    802                               Lue MO 89: Pavement     Missouri            Rte. 50     MO          283360
                                          improvements from   Department of       to Rte. E               0
                                          Rte. 50 to Rte. E   Transportation      in Osage
                                                                                  County
    803                               Lue MO94 Bridge over    Missouri            Warren      MO          640800
                                          Treloar Creek       Department of       County
                                          Bridge              Transportation
    804                    Graves, Sam    North Baltimore     Missouri            Kirksvill   MO          955294
                                          (Business 63)       Department of       e
                                          Improvements        Transportation
    805                Hartzler, Vicky    OR 70: Bridge       Missouri            Boone       MO          852800
                                          replacement over    Department of       County
                                          Little Cedar        Transportation
                                          Creek. Project
                                          involves bridge
                                          N0974
    806                Hartzler, Vicky    Pavement            Missouri            Pulaski     MO          265600
                                          improvements and    Department of       County                  0
                                          add rumblestripes   Transportation
                                          from I-44 outer
                                          road to end of
                                          state
                                          maintenance, Rte.
                                          W from Rte. 7 to
                                          end of state
                                          maintenance, and
                                          Rte. O from Rte.
                                          28 to end of
                                          state
                                          maintenance.
    807                Hartzler, Vicky    Payment to St.      Missouri            St.         MO          547200
                                          Robert to add       Department of       Robert
                                          sidewalks and       Transportation
                                          upgrade
                                          signalized
                                          intersection at
                                          St. Robert
                                          Boulevard in St.
                                          Robert
    808               Cleaver, Emanuel    Raum Road Bridge    City of Lawson      Lawson      MO          312800
                                          Replacement                                                     0
    809                    Graves, Sam    Riverway            City of Riverside   Riverside   MO          320000
                                          Boulevard                                                       0
                                          Reconstruction
    810                Hartzler, Vicky    RT 18: Pavement     Missouri            Adrian      MO          158640
                                          improvements from   Department of                               0
                                          Rte. Y to I-49 in   Transportation
                                          Adrian and on
                                          Loop 49 from
                                          Passaic to Rte.
                                          52 in Butler.
    811                Hartzler, Vicky    RT A: Bridge        Missouri            Moniteau    MO          109120
                                          replacement over    Department of       County                  0
                                          Enon Creek.         Transportation
                                          Project involves
                                          bridge K0851
    812                               Lue RT A: Bridgeine     Missouri            Cole        MO          545600
                                          replacement over    Department of       County
                                          Moreau Creek.       Transportation
                                          Project involves
                                          R0235
    813                Hartzler, Vicky    RT J: Bridge        Missouri            Peculiar    MO          555200
                                          rehabilitation      Department of
                                          over Young          Transportation
                                          Branch, 0.1 mile
                                          south of 217th
                                          Street and 0.4
                                          mile northeast of
                                          Branic Drive in
                                          Peculiar. Project
                                          involves bridge
                                          A2331
    814                Hartzler, Vicky    RT J: Bridge        Missouri            Camden      MO          204800
                                          removal over the    Department of       County
                                          Niangua River.      Transportation
                                          Project involves
                                          bridge S0391
    815                Hartzler, Vicky    RT K: Pavement      Missouri            Nevada      MO          448000
                                          improvements from   Department of
                                          I-49 to County      Transportation
                                          Road 1800 near
                                          Nevada.
    816                Hartzler, Vicky    RT PP: Pavement     Missouri            Roseland    MO          453600
                                          improvements from   Department of
                                          Route C in          Transportation
                                          Roseland to Route
                                          7 in Tightwad
    817                Hartzler, Vicky    RT T: Pavement      Missouri            Morgan      MO          302000
                                          improvements and    Department of       County                  0
                                          add rumblestripes   Transportation
                                          from Rte. 52 to
                                          Rte. 135 and from
                                          Rte. 135 to the
                                          end of state
                                          maintenance
    818                               Lue RT. K bridgeine     Missouri            Montgomer   MO          965600
                                          replacement over    Department of       y County
                                          Dry Fork Creek      Transportation
                                          Bridge
    819                               Lue Study to Blaine     Missouri            McKittric   MO          80000
                                          determine base      Department of       k
                                          stability and       Transportation
                                          flood resiliency
                                          near McKitrick
    820                               Lue Updated study for   Missouri            High Hill   MO          160000
                                          RR overpass near    Department of                               0
                                          High Hill           Transportation
    821                Hartzler, Vicky    Upgrade             Missouri            Windsor     MO          140800
                                          pedestrian          Department of
                                          facilities to       Transportation
                                          comply with the
                                          ADA Transition
                                          Plan on Rte. 2
                                          from Chisman
                                          Street to Rte. 52
                                          in Windsor and on
                                          Rte. Y from Rte.
                                          52 to Wall Street
                                          in Windsor
    822                Hartzler, Vicky    US 160: Pavement    Missouri            Lamar       MO          609600
                                          improvements from   Department of
                                          I-49 in Lamar       Transportation
                                          Heights to County
                                          Road 30th Lane
                                          east of Lamar.
    823                               Lue US 50:r, Blaine     Missouri            Rte. EE     MO          280000
                                          Reconstruct         Department of       to                      0
                                          concrete pavement   Transportation      Independe
                                          from Rte. EE to                         nce Road
                                          Independence Rd.                        in
                                                                                  Franklin
                                                                                  County
    824                               Lue US 50:r, Blaine     Missouri            Rte. Y to   MO          264000
                                          Reconstruct         Department of       Rte. C in               0
                                          pavement from       Transportation      Franklin
                                          Rte. Y to Rte. C                        County
    825   .............................   US 54: Study for    Missouri            Louisiana   MO          800000
                                          updated scope &     Department of
                                          estimate for        Transportation
                                          shared 4-lane
                                          from Mexico to
                                          Louisiana
                           Graves, Sam   ..................  ..................  ..........  ..........   400000
                       Hartzler, Vicky   ..................  ..................  ..........  ..........   400000
    826                               Lon US60 and Route      Missouri            Rogersvil   MO          525000
                                          125 Interchange     Department of       le                      0
                                                              Transportation
    827                Hartzler, Vicky    US65: Pavement      Missouri            Warsaw      MO          104960
                                          improvements from   Department of                               0
                                          the Osage River     Transportation
                                          in Warsaw to 0.4
                                          mile south of
                                          Rte. MM.
    828                     Bush, Cori    West Florissant     St. Louis County    Ferguson,   MO          100000
                                          Avenue Great                            Dellwood,               00
                                          Streets                                 and
                                                                                  Jennings
    829        Sablan, Gregorio Kilili    A/E Design for      Commonwealth        Saipan      MP          300000
                               Camacho    the Fixed Route     Office of Transit
                                          Bus Stops           Authority
    830        Sablan, Gregorio Kilili    Construction of     Commonwealth        Saipan      MP          900000
                               Camacho    Bus Transfer        Office of Transit
                                          Stations at the     Authority
                                          Northern Marianas
                                          College, Paseo De
                                          Marianas and
                                          Kagman
    831        Sablan, Gregorio Kilili    Construction of     Commonwealth        Saipan      MP          300000
                               Camacho    the Commonwealth    Office of Transit                           0
                                          Office of Transit   Authority
                                          Authority Covered
                                          Bus Parking
                                          Facility
    832        Sablan, Gregorio Kilili    Design and          Commonwealth        Rota        MP          520000
                               Camacho    Construction of     Office of Transit
                                          the Rota Transit    Authority
                                          Maintenance
                                          Facility
    833        Sablan, Gregorio Kilili    Design and          Commonwealth        Tinian      MP          520000
                               Camacho    Construction of     Office of Transit
                                          Tinian Transit      Authority
                                          Maintenance
                                          Facility
    834        Sablan, Gregorio Kilili    Procurement of      Commonwealth        Rota and    MP          480000
                               Camacho    Four (4) Rolling    Office of Transit   Tinian
                                          Stocks for Rota     Authority
                                          and Tinian Demand
                                          Responsive
                                          Services
    835        Sablan, Gregorio Kilili    Route 10 Drainage   CNMI Department     Rota        MP          200000
                               Camacho    Improvements and    of Public Works                             0
                                          Road Overlay
    836        Sablan, Gregorio Kilili    Route 205 Road      CNMI Department     Tinian      MP          200000
                               Camacho    and Drainage        of Public Works                             0
                                          Improvements
    837        Sablan, Gregorio Kilili    Route 30 (Chalan    CNMI Department     Saipan      MP          200000
                               Camacho    Pale Arnold)        of Public Works                             0
                                          Safety
                                          Improvements
    838        Sablan, Gregorio Kilili    Route 302 (Naftan   CNMI Department     Saipan      MP          200000
                               Camacho    Road)               of Public Works                             0
                                          Improvements
    839        Sablan, Gregorio Kilili    Supply and          Commonwealth        Saipan      MP          450000
                               Camacho    Installation of     Office of Transit                           0
                                          187 Bus Stop        Authority
                                          Shelters
    840        Sablan, Gregorio Kilili    Supply of           Commonwealth        Saipan      MP          400000
                               Camacho    Maintenance         Office of Transit
                                          Equipment & Tools   Authority
                                          for the COTA
                                          Maintenance
                                          Facility
    841                 Guest, Michael    Bulldog Way         Mississippi State   Starkvill   MS          336000
                                          Extended            University          e                       0
                                          Improvements
    842                 Guest, Michael    Jackson Point       Wilkinson County,   Wilkinson   MS          400000
                                          Road Bridge         Mississippi         County                  0
    843                 Guest, Michael    Mississippi Band    Mississippi Band    Choctaw     MS          265319
                                          of Choctaw          of Choctaw                                  5
                                          Indians Multi-      Indians
                                          Road Overlay
                                          Project
    844                 Guest, Michael    Morgantown Road     Adams County,       Natchez     MS          240000
                                          Safety              Mississippi                                 0
                                          Improvements
    845                 Guest, Michael    Bozeman Segment     Madison County      Madison     MS          400000
                                          One--Reunion        Board of                                    0
                                          Access Network      Supervisors
    846               Ross, Deborah K.    Airport Boulevard   NCDOT               Morrisvil   NC          208000
                                          Sidewalk                                le
    847                 Manning, Kathy    Atlantic & Yadkin   City of             Greensbor   NC          640000
                                          Greenway, Phase 2   Greensboro          o                       0
    848               Ross, Deborah K.    Avent Ferry Road    Town of Holly       Holly       NC          100000
                                          Realignment         Springs             Springs                 0
    849              Cawthorn, Madison    B-5871 Replace      North Carolina      Lake Lure   NC          800000
                                          Bridge no. 628      Department of                               0
                                          Over Lake Lure      Transportation
                                          5250. Dam and
                                          Broad River
    850               Ross, Deborah K.    Black Creek         NCDOT               Cary        NC          498480
                                          Greenway                                                        0
    851                Price, David E.    Bryant Bridge       City of Durham/     Durham      NC          232000
                                          North/Goose Creek   NCDOT                                       0
                                          West Trail
    852                Price, David E.    Bus Replacement     Town of Chapel      Chapel      NC          800000
                                          Funding for         Hill/Chapel Hill    Hill                    0
                                          Triangle Transit    Transit
                                          Systems
    853                 Adams, Alma S.    CATS Battery        Charlotte Area      Charlotte   NC          800000
                                          Electric Bus        Transit System                              0
                                          Fleet Transition    (CATS)
    854             Butterfield, G. K.    Downtown            City of Rocky       Rocky       NC          400000
                                          Pedestrian Bridge   Mount               Mount                   0
    855                Price, David E.    Duke Beltline       City of Durham/     Durham      NC          772600
                                          Trail               NCDOT                                       0
    856              Cawthorn, Madison    EB-5753 Baldwin     North Carolina      Marion      NC          349600
                                          Avenue Sidewalk     Department of
                                          Project             Transportation
    857                 Manning, Kathy    Electric buses      City of             Greensbor   NC          275900
                                          and charging        Greensboro          o                       0
                                          infrastructure,
                                          City of
                                          Greensboro
    858                 Adams, Alma S.    Festival Street     Town of             Cornelius   NC          220000
                                                              Cornelius, NC                               0
    859               Ross, Deborah K.    Fuquay-Varina       NCDOT               Fuquay-Va   NC          256000
                                          Townwide ITS/                           rina                    0
                                          Signal System
    860               Ross, Deborah K.    GoRaleigh/GoWake    GoRaleigh Transit   Raleigh     NC          900000
                                          Coordinated ADA     System                                      0
                                          Paratransit
                                          Facility
    861             Butterfield, G. K.    Greenville Bridge   Greenville Urban    Greenvill   NC          285120
                                          Repair and          Area Metropolitan   e                       0
                                          Replacement         Planning
                                                              Organization
                                                              (GUAMPO)
    862              Cawthorn, Madison    Hanging Dog         North Carolina      Murphy      NC          167600
                                          Bridge              Department of                               0
                                                              Transportation
    863                 Manning, Kathy    High Point          City of High        High        NC          400000
                                          Heritage            Point               Point                   0
                                          Greenway--Phase 1
    864              Cawthorn, Madison    Jonathan Creek      North Carolina      Maggie      NC          160000
                                          Safety Project      Department of       Valley
                                                              Transportation
    865                  Rouzer, David    Military Cutoff     Wilmington Urban    Wilmingto   NC          384000
                                          Road (US 17)/       Area Metropolitan   n                       0
                                          Eastwood Road (US   Planning
                                          74) Interchange     Organization
                                          (Drysdale Drive
                                          Extension)
    866              Cawthorn, Madison    N. Fork Coweeta     North Carolina      Otta        NC          452000
                                          Creek Bridge        Department of
                                          Replacement         Transportation
    867             Butterfield, G. K.    Pender Street       City of Wilson--    Wilson      NC          840000
                                          Pedestrian          Public Works                                0
                                          Improvement,
                                          Infrastructure
                                          Repair, and
                                          Resurfacing
    868             Butterfield, G. K.    RIDE- Rural         City of Wilson--    Wilson      NC          200000
                                          Microtransit        Wilson Transit                              0
    869                 Manning, Kathy    Silas Creek         Winston-Salem, NC   Winston-S   NC          453360
                                          Parkway Sidewalk                        alem                    0
    870             Butterfield, G. K.    South Tar River     Greenville Urban    Greenvill   NC          177500
                                          Greenway            Area Metropolitan   e                       0
                                                              Planning
                                                              Organization
                                                              (GUAMPO)
    871                 Adams, Alma S.    Streetlighting on   City of Charlotte   Charlotte   NC          800000
                                          High Injury                                                     0
                                          Network
    872                Price, David E.    Transit Bus Stop    Town of Chapel      Chapel      NC          900000
                                          Improvements        Hill/Chapel Hill    Hill
                                                              Transit
    873              Cawthorn, Madison    US 19/129 Road      North Carolina      Murphy      NC          385100
                                          Improvements        Department of                               0
                                                              Transportation
    874              Cawthorn, Madison    US 74/NC 108        North Carolina      Columbus    NC          100000
                                          Interchange         Department of                               0
                                                              Transportation
    875                  Smith, Adrian    Heartland           Nebraska            Minatare    NE          100000
                                          Expressway Phase    Department of                               00
                                          III                 Transportation
    876                     Bacon, Don    Signal System       City of Omaha       Omaha       NE          200000
                                          Master Plan                                                     00
                                          Accelerated
                                          Implementation
    877              Fortenberry, Jeff    US-275 Norfolk to   Nebraska            Norfolk     NE          200000
                                          Wisner              Department of       to Wisner               00
                                                              Transportation
    878                    Kuster, Ann    Ashuelot-Trail      Town of Swanzey     Swanzey     NH          120000
                                          Cheshire Trail                                                  0
                                          (42511)
    879                  Pappas, Chris    Bedford 40664--     Town of Bedford,    Bedford     NH          498000
                                          U.S. 3 Widening     NH (local                                   0
                                          from Hawthorne      government) and
                                          Drive North to      Southern NH
                                          Manchester          Planning
                                          Airport Access      Commission (MPO)
                                          Road
    880                    Kuster, Ann    Claremont           City of Claremont   Claremont   NH          100000
                                          Intersection                                                    0
                                          Improvements
                                          (13428)
    881                  Pappas, Chris    Conway Phase II     Town of Conway      Conway      NH          165600
                                          Pathway                                                         0
    882                  Pappas, Chris    Derry Rail Trail    Town of Derry       Derry       NH          792000
                                          (Folsom Rd to
                                          Londonderry town
                                          line)
    883                    Kuster, Ann    George Street       City of Keene       Keene       NH          729191
                                          Bridge (40653)
    884                    Kuster, Ann    Gorham Sidewalk     Town of Gorham      Gorham      NH          898196
                                          (Route 2
                                          (Lancaster Rd))
    885                    Kuster, Ann    Heritage Rail       City of Nashua      Nashua      NH          120000
                                          Trail East                                                      0
    886                    Kuster, Ann    Littleton           Town of Littleton   Littleton   NH          710159
                                          Sidewalk Project
                                          (41362)
    887                    Kuster, Ann    Loudon              NHDOT               Loudon      NH          234725
                                          Intersection                                                    6
                                          Improvements
                                          (40632)
    888                    Kuster, Ann    Malboro Street      City of Keene       Keene       NH          681123
                                          Cheshire Rail
                                          Trail (42515)
    889                  Pappas, Chris    Maplewood Avenue    City of             Portsmout   NH          280430
                                          Complete Streets    Portsmouth          h                       0
    890                    Kuster, Ann    Merrimack River     City of Concord     Concord     NH          158480
                                          Greenway                                                        0
    891                    Kuster, Ann    Multi-use Path      Town of Warner      Warner      NH          920000
                                          Connecting Warner
                                          Village to Exit 9
                                          Business Area
    892                    Kuster, Ann    NH 128 and          Town of Pelham      Pelham      NH          124000
                                          Sherburne Road                                                  0
                                          and Mammoth and
                                          111A
    893                  Pappas, Chris    Pedestrian Bridge   City of             Mancheste   NH          336000
                                          Crossing Granite    Manchester          r                       0
                                          Street
    894                    Kuster, Ann    Plymouth Sidewalk   Town of Plymouth    Plymouth    NH          414000
                                          Project
    895                    Kuster, Ann    Reconstruct         City of Lebanon     Lebanon     NH          240000
                                          Mechanic St /                                                   0
                                          High St / Mascoma
                                          St Intersection
                                          (4094)
    896                  Pappas, Chris    Rt 11 Safety and    City of Rochester   Rochester   NH          566400
                                          Capacity            and Strafford                               0
                                          Improvements        Regional Planning
                                                              Commission
    897                    Kuster, Ann    Spruce Street       City of Nashua      Nashua      NH          100000
                                          Connector                                                       0
    898                    Kuster, Ann    Trestle Bridge--    City of Franklin    Franklin    NH          120000
                                          Mill City Park                                                  0
                                          Trail
    899                    Kuster, Ann    Waterville Valley   Town of             Watervill   NH          948110
                                          Pedestrian          Waterville Valley   e Valley
                                          Improvements
    900                    Kuster, Ann    Whitefield          Town of             Whitefiel   NH          396704
                                          Sidewalk Project    Whitefield          d
    901                Malinowski, Tom    Berkshire Valley    County of Morris    Kenvil      NJ          200000
                                          Road Truck                              (Roxbury                0
                                          Circulation                             Township)
                                          Project
    902   .............................   Bloomfield Avenue   Essex County, NJ    West        NJ          100000
                                          Roadway                                 Caldwell,               00
                                          Improvements &                          Caldwell,
                                          Traffic Signal                          North
                                          Modernization                           Caldwell,
                                                                                  Verona,
                                                                                  Montclair
                                                                                  , Glen
                                                                                  Ridge,
                                                                                  Bloomfiel
                                                                                  d, and
                                                                                  Newark
                 Payne, Donald M., Jr.   ..................  ..................  ..........  ..........   500000
                                                                                                          0
                       Sherrill, Mikie   ..................  ..................  ..........  ..........   500000
                                                                                                          0
    903          Payne, Donald M., Jr.    Bloomfield          NJ Transit and      Bloomfiel   NJ          200000
                                          Station             NJDOT               d                       0
                                          Rehabilitation
                                          Project
    904            Pallone, Frank, Jr.    Carteret Ferry      Borough of          Carteret    NJ          562500
                                          Terminal Project    Carteret                                    0
    905            Pascrell, Bill, Jr.    City of Passaic     City of Passaic     Passaic     NJ          883432
                                          Pedestrian
                                          Greenway Project
    906                Malinowski, Tom    Construction of     County of Morris    Long        NJ          100000
                                          Pedestrian Bridge                       Valley                  0
                                          on Columbia Trail                       (Washingt
                                          (Relocation of                          on
                                          Openaki Bridge                          Township)
                                          Truss)
    907                Malinowski, Tom    Cranford Station    New Jersey          Cranford    NJ          112000
                                          Rehabilitation      Transit                                     0
                                          Project
    908                 Van Drew, Jeff    Dennisville         Cape May County     Dennis      NJ          164000
                                          Petersburg Road                         Township                0
                                          (CR 610)
                                          Resurfacing
                                          Improvements
    909         Watson Coleman, Bonnie    Dunellen Bikeway    Borough of          Dunellen    NJ          475723
                                          and Pedestrian      Dunellen
                                          Safety
                                          Improvements
    910          Payne, Donald M., Jr.    East Orange Train   City of East        East        NJ          800000
                                          Station             Orange              Orange
    911               Norcross, Donald    Enhanced Laydown    Gloucester County   Paulsboro   NJ          475000
                                          Area for Offshore   Improvement                                 0
                                          Wind Industry,      Authority
                                          Paulsboro Marine
                                          Terminal
    912             Smith, Christopher    Freehold-s          Freehold Borough    Freehold    NJ          557716
                                          Parking                                 Borough
                                          Improvement
                                          project
    913            Pascrell, Bill, Jr.    Great Falls         County of Passaic   Paterson    NJ          972000
                                          Gateway Phase II
    914               Gottheimer, Josh    Hackettstown        New Jersey DOT      Hackettst   NJ          471200
                                          Mobility                                own                     0
                                          Improvement
    915         Watson Coleman, Bonnie    Hamilton Street     Borough of Bound    Bound       NJ          176000
                                          Plaza Project       Brook               Brook                   0
    916                 Van Drew, Jeff    Hand Avenue (CR-    Cape May County     Middle      NJ          131000
                                          658) Bridge Over                        Township                0
                                          Skeeter Island
                                          Creek
    917                Sherrill, Mikie    Highlands Rail      County of Passaic   Wanaque     NJ          800000
                                          Trail Phase II
    918            Pascrell, Bill, Jr.    Hudson County-s     Hudson County       Secaucus    NJ          140000
                                          County Avenue                                                   0
                                          Reconstruction
    919          Payne, Donald M., Jr.    Irvington Avenue    Township of South   South       NJ          275000
                                          Sidewalks and       Orange Village      Orange                  0
                                          Streetscape
                                          Improvements
    920            Pascrell, Bill, Jr.    Jackson Avenue/     County of Bergen    Rutherfor   NJ          250000
                                          Riverside Avenue                        d
                                          Improvements
                                          Project
    921            Pascrell, Bill, Jr.    Kingsland Avenue    Bergen County       Lyndhurst   NJ          500000
                                          Bridge                                  and                     0
                                          Replacement                             Nutley
                                          Project
    922             Smith, Christopher    Koleda Park         Middletown          Middletow   NJ          800000
                                          Improvement         Township            n
                                          Project
    923               Gottheimer, Josh    Lackawanna Cut-     New Jersey          Byram       NJ          160000
                                          off Culvert         Transit                                     0
                                          Relocation
    924                   Sires, Albio    Lincoln Avenue      City of Elizabeth   Elizabeth   NJ          208000
                                          Drainage                                                        0
                                          Improvements
                                          Project
    925            Pallone, Frank, Jr.    Long Branch         New Jersey          Long        NJ          130000
                                          Intermodal          Department of       Branch                  00
                                          Station Project     Transportation
    926                Sherrill, Mikie    McBride Avenue      County of Passaic   Woodland    NJ          960000
                                          Roundabout                              Park
                                          Project
    927             Smith, Christopher    Mercer County Bus   DVRPC               West        NJ          732000
                                          Purchase                                Trenton
    928         Watson Coleman, Bonnie    Mercer County       Mercer County,      Trenton     NJ          454500
                                          Electric Vehicles   New Jersey
                                          and Electric
                                          Vehicle Charging
                                          Stations
    929             Smith, Christopher    Mercer County       Mercer County DOT   Mercer      NJ          640000
                                          Roadway Safety                          County
                                          Improvements
    930          Payne, Donald M., Jr.    Newark Broad        City of Newark      Newark      NJ          165000
                                          Street Signal                                                   0
                                          Optimization
    931          Payne, Donald M., Jr.    North Broad         City of Newark      Newark      NJ          120000
                                          Street                                                          0
                                          Redevelopment
                                          Project
    932                 Van Drew, Jeff    Ocean Drive         Cape May County     Lower       NJ          700000
                                          (CR621) Upgrades                        Township                0
                                          and Bridge
                                          Improvements
    933               Norcross, Donald    Parkside            Camden County       Camden      NJ          600000
                                          Neighborhood                                                    0
                                          School and
                                          Pedestrian
                                          Traffic Safety
    934            Pascrell, Bill, Jr.    Passaic Bus         NJ Transit          Passaic     NJ          160000
                                          Terminal Canopy     Corporation                                 0
    935               Gottheimer, Josh    Patriots Way        Borough of          Oakland     NJ          418483
                                          Bridge              Oakland, New                                0
                                          Superstructure      Jersey
                                          Replacement
    936            Pascrell, Bill, Jr.    Pedestrian Bridge   City of Paterson    Paterson    NJ          100000
                                          at the Great                                                    0
                                          Falls National
                                          Historical Park
    937            Pallone, Frank, Jr.    Pedestrian          Township of         Township    NJ          125000
                                          Improvement for     Woodbridge          of                      0
                                          Metro Park                              Woodbridg
                                                                                  e
    938                   Sires, Albio    Permanent Ferry     City of Bayonne/    Bayonne     NJ          432160
                                          Terminal            Hudson County                               0
                                          Peninsula Project
    939                   Sires, Albio    Pleasant Avenue &   Towns of            Weehawken   NJ          752000
                                          Park Avenue /       Weehawken and                               0
                                          Pedestrian &        Union City
                                          Vehicular Safety
                                          Improvements &
                                          Restoration
                                          Project
    940             Smith, Christopher    Point Pleasant      Point Pleasant      Point       NJ          139978
                                          Beach Channel       Beach Borough       Pleasant                5
                                          Drive ADA                               Beach
                                          Compliance                              Borough
                                          Upgrade and
                                          Surface
                                          Revitalization
                                          project
    941                Sherrill, Mikie    Pompton River       County of Morris    Township    NJ          150000
                                          Rail Bridge                             of                      0
                                          (Pequannock                             Pequannoc
                                          Valley Pedestrian                       k, Morris
                                          Trail)                                  County,
                                          Substructure                            and
                                          Repair                                  Township
                                                                                  of Wayne,
                                                                                  Passaic
                                                                                  County
    942                Malinowski, Tom    Reconstruction of   Somerset County     Bridgewat   NJ          128000
                                          Pedestrian                              er                      0
                                          Bridges over Cole
                                          Drive
                                          (Bridgewater
                                          Train Station)
    943                Sherrill, Mikie    Replacement of      County of Morris    Montville/  NJ          200000
                                          Morris County                           Pine                    0
                                          Bridge 1400-433                         Brooke
                                          on Bloomfield
                                          Avenue over a
                                          Tributary to
                                          Passaic River in
                                          the Township of
                                          Montville, Morris
                                          County
    944                Sherrill, Mikie    Replacement of      County of Morris    Denville    NJ          100000
                                          Morris County                                                   0
                                          Bridge 1400-935
                                          on Lenape Island
                                          Road over Indian
                                          Lake in the
                                          Township of
                                          Denville, Morris
                                          County
    945                   Sires, Albio    River Road          Town of West New    West New    NJ          520000
                                          Overpass            York                York                    0
    946            Pascrell, Bill, Jr.    River Road          County of Bergen,   Edgewater   NJ          176000
                                          Subsurface Soil     NJ-Department of                            0
                                          Stabilization       Planning and
                                                              Engineering
    947               Norcross, Donald    Roadway             Camden County, NJ   Somerdale   NJ          150000
                                          Rehabilitation                          , Hi-                   0
                                          East Atlantic                           Nella,
                                          Avenue CR727                            Stratford
    948               Norcross, Donald    Roadway             Camden County       Lawnside,   NJ          250000
                                          Rehabilitation                          Magnolia,               0
                                          Evesham Road, CR                        Somerdale
                                          544                                     , Cherry
                                                                                  Hill,
                                                                                  Voorhees
    949               Norcross, Donald    Roadway             Camden County, NJ   Haddon      NJ          300000
                                          Rehabilitation                          Township,               0
                                          Haddon Ave. CR561                       Collingsw
                                                                                  ood
    950               Norcross, Donald    Roadway             Gloucester County   Woodbury    NJ          176500
                                          Rehabilitation                                                  0
                                          Red Bank Avenue
                                          CR644
    951                Malinowski, Tom    Route 202, First    Somerset County     Raritan     NJ          334068
                                          Avenue                                                          5
                                          Intersection
                                          Improvements--Rig
                                          ht of Way
                                          Acquisitions
    952         Watson Coleman, Bonnie    Route 29 Tunnel     New Jersey DOT      Trenton     NJ          240000
                                          Ventilation                                                     0
                                          System
    953             Smith, Christopher    Route 33 Bridge     NJDOT               Millstone   NJ          364000
                                          Over Millstone                          Township                0
                                          River
    954             Smith, Christopher    Route 35 Bridge     NJDOT               Wall        NJ          373600
                                          Over the North                                                  0
                                          Branch of Wreck
                                          Pond
    955                 Van Drew, Jeff    Route 55/Route 47   Cumberland County   Millville   NJ          925000
                                          Interchange         Board of                                    0
                                                              Commissioners
    956                      Kim, Andy    Seaside Heights     Borough of          Seaside     NJ          400000
                                          Boardwalk           Seaside Heights     Heights
                                          Replacement
    957            Pascrell, Bill, Jr.    Shaler Boulevard    Borough of          Ridgefiel   NJ          250000
                                          Streetscape         Ridgefield          d
                                          Project
    958               Gottheimer, Josh    Skyline Drive       County of           Ringwood    NJ          800000
                                          Bicycle and         Passaic, New
                                          Pedestrian Bridge   Jersey
    959          Payne, Donald M., Jr.    South Orange        County of Essex     Newark      NJ          400000
                                          Avenue                                                          0
                                          Streetscape
                                          Improvement
                                          Project
    960                Sherrill, Mikie    Study &             Sussex County       Hopatcong   NJ          236000
                                          Engineering                                                     0
                                          Design for the
                                          Rehabilitation or
                                          Replacement of
                                          Sussex County
                                          Bridge K-03 in
                                          the Borough of
                                          Hopatcong
    961               Gottheimer, Josh    Sussex County       Sussex County,      Frankford   NJ          100000
                                          Guide Rail          New Jersey          and                     0
                                          Upgrade Program                         Wantage
    962                Sherrill, Mikie    Sussex County       Sussex County       Hamburg     NJ          400000
                                          Skylands Ride
                                          Capital Project
    963               Gottheimer, Josh    Teaneck             Town of Teaneck,    Teaneck     NJ          400000
                                          Pedestrian          New Jersey                                  0
                                          Overpass
                                          Replacement
    964            Pascrell, Bill, Jr.    Tenafly Roadway     Tenafly Borough     Borough     NJ          154500
                                          Resurface &                             of                      0
                                          Improvements                            Tenafly
    965   .............................   The County Road     Ocean County        Plumstead   NJ          800000
                                          539 Overpass                                                    0
                                          Project
                    Smith, Christopher   ..................  ..................  ..........  ..........   700000
                                                                                                          0
                             Kim, Andy   ..................  ..................  ..........  ..........   100000
                                                                                                          0
    966          Payne, Donald M., Jr.    Traffic Signal      City of Newark      Newark      NJ          160000
                                          Optimization/                                                   0
                                          Adaptive Signals
                                          Along McCarter
                                          Highway (Route
                                          21)
    967                      Kim, Andy    U.S. Route 130/     Burlington County   Florence    NJ          173200
                                          Delaware Avenue/                        Township                00
                                          Florence Columbus
                                          Road Intersection
                                          Improvements
    968                Malinowski, Tom    Union County        Union County        Union       NJ          400000
                                          Structurally                            Township
                                          Deficient Bridge
                                          Initiative--Allen
                                          Ave. Bridge,
                                          Township of Union
    969                Malinowski, Tom    Union County        Union County        Kenilwort   NJ          600000
                                          Structurally                            h
                                          Deficient Bridge
                                          Initiative--Faito
                                          ute Ave. Bridge,
                                          Kenilworth
    970                Malinowski, Tom    Union County        Union County        Summit      NJ          600000
                                          Structurally
                                          Deficient Bridge
                                          Initiative--High
                                          Street Bridge
    971                Malinowski, Tom    Union County        Union County        Summit      NJ          760000
                                          Structurally
                                          Deficient Bridge
                                          Initiative--Oakla
                                          nd Place Bridge
    972                Malinowski, Tom    Union County        Union County        Summit      NJ          800000
                                          Structurally
                                          Deficient Bridge
                                          Initiative--Pine
                                          Grove Avenue
                                          Bridge
    973                Malinowski, Tom    Union County        Union County        Summit      NJ          600000
                                          Structurally
                                          Deficient Bridge
                                          Initiative--Shunp
                                          ike Road Bridge
    974                Malinowski, Tom    Union County        Union County        Cranford    NJ          800000
                                          Structurally
                                          Deficient Bridge
                                          Initiative--Sprin
                                          g Garden Bridge,
                                          Cranford
    975                Malinowski, Tom    West County Drive   Somerset County     Township    NJ          649360
                                          (CR 646)                                of                      0
                                          Extension                               Branchbur
                                                                                  g
    976               Gottheimer, Josh    West Milford        Township of West    West        NJ          536000
                                          Bikeway Connector   Milford, New        Milford
                                          Project             Jersey
    977                      Kim, Andy    Willingboro EV      Willingboro         Willingbo   NJ          800000
                                          Charging Stations   Township            ro
    978                 Van Drew, Jeff    Woodbine Bikeway    Borough of          Borough     NJ          800000
                                          and Trailhead       Woodbine            of
                                          Improvements                            Woodbine
    979                               Leg Arroyo De LosTeresa City of Santa Fe    Santa Fe    NM          490000
                                          Chamisos Crossing                                               0
    980                               Leg Coal Avenue, Teresa City of Gallup      Gallup      NM          350000
                                          Commons ``Event                                                 0
                                          Street''
    981                               Leg County Road 43--esa McKinley County     McKinley    NM          450000
                                          Superman Canyon                         County--C               0
                                          Bridges                                 hurchrock
                                                                                  Chapter
    982                               Leg Foothills Driveresa City of             Farmingto   NM          132480
                                          Enhancement Phase   Farmington          n                       0
                                          III
    983                               Leg Kilgore Streeteresa City of Portales    Portales    NM          207900
                                          Improvements                                                    0
    984                               Leg Rio Lucero Roadresa Taos Pueblo         Taos        NM          304891
                                          Improvement                             Pueblo                  0
                                          Project
    985                               Leg Wild Rose Roaderesa Santa Clara         Santa       NM          618000
                                          (Route #670) and    Pueblo              Clara
                                          Pedestrian                              Pueblo
                                          Improvement
                                          Project
    986                   Amodei, Mark    Arlington Avenue    RTC Washoe          Reno        NV          600000
                                          Bridges Project                                                 0
    987                    Titus, Dina    Charleston          City of Las Vegas   Las Vegas   NV          700000
                                          Boulevard                                                       0
                                          Underpass
    988               Horsford, Steven    Charleston Park     County of Nye       Pahrump     NV          155207
                                          Avenue                                                          9
                                          Reconstruction
                                          Project
    989                   Amodei, Mark    Coleman Road        Churchill County    Fallon      NV          500000
                                          Expansion                                                       0
    990                   Amodei, Mark    Hydrogen Fuel       RTC Washoe          Reno        NV          524000
                                          Cell Bus and Fuel                                               0
                                          Site Project
    991                    Titus, Dina    I-15 South          Nevada Department   Las Vegas   NV          500000
                                          Package 2--Sloan    of Transportation                           0
                                          to Blue Diamond
    992                    Titus, Dina    Maryland Parkway    Regional            Las Vegas   NV          500000
                                          Bus Rapid Transit   Transportaton                               0
                                          Zero Emission       Commission of
                                          Fleet               Southern Nevada
    993               Horsford, Steven    North Las Vegas     City of North Las   North Las   NV          120000
                                          Street Light        Vegas               Vegas                   00
                                          Conversion
    994                    Titus, Dina    Rancho Drive        City of Las Vegas   Las Vegas   NV          300000
                                          Complete Streets                                                0
                                          Improvements
    995                   Amodei, Mark    SR28 Central        Tahoe Regional      Carson      NV          176000
                                          Corridor Sand       Planning Agency     City                    0
                                          Harbor to
                                          Spooner--Secret
                                          Harbor to Skunk
                                          Harbor Trail,
                                          Parking and
                                          Safety
                                          Improvements
    996                   Amodei, Mark    William Street      Carson City         Carson      NV          200000
                                          Complete Streets    Public Works        City                    0
                                          Project             Department
    997               Jeffries, Hakeem    ADA: Classon Ave /  MTA--NYCT           Brooklyn    NY          500000
                                           Crosstown Line                                                 0
                                          (G Train)
    998                    Meng, Grace    ADA: Forest Hills   MTA Long Island     Queens      NY          169100
                                          Platform            Rail Road                                   00
                                          Extensions &
                                          Elevators
    999                Torres, Ritchie    ADA: Parkchester-   Metropolitan        Bronx       NY          150000
                                          E.177 St / Pelham   Transportation                              00
                                          Line (6 Train)      Authority and New
                                                              York City Transit
   1000              Suozzi, Thomas R.    Asharoken Avenue    Village of          Northport   NY          800000
                                                              Asharoken
   1001              Rice, Kathleen M.    Bannister Creek     Nassau County       Lawrence    NY          494000
                                          Bridge              Department of                               0
                                          Rehabilitation      Public Works
   1002                Jones, Mondaire    Basher Pedestrian   Village of          Tarrytown   NY          494400
                                          Bridge              Tarrytown
                                          Rehabilitation
   1003              Suozzi, Thomas R.    Bayville Bridge     Nassau County       Bayville    NY          144894
                                                              Department of                               46
                                                              Public Works
   1004                Jones, Mondaire    Bridge Repair/     New York State       Tarrytown   NY          109639
                                          Safety Assurance,   Department of                               5
                                          Westchester         Transportation
                                          County
   1005                       Zeldin, Lee Bridge              Suffolk County      Brookhave   NY          720000
                                          Replacement of                          n                       0
                                          CR46 (William
                                          Floyd Parkway)
                                          over Narrow Bay
   1006               Jeffries, Hakeem    Broadway Junction   New York City       Brooklyn    NY          800000
                                          Improvements        Economic                                    0
                                          Phase 1,            Development
                                          Brooklyn, NY, 8th   Corporation on
                                          Congressional       behalf of NYC
                                          District
   1007          Maloney, Sean Patrick    City of             City of             Poughkeep   NY          240000
                                          Poughkeepsie        Poughkeepsie        sie                     0
                                          Market Street
                                          Connectivity
                                          Project
   1008                       Zeldin, Lee Concrete Pavement   NYSDOT              Brookhave   NY          799804
                                          Rehabilitation I-                       n                       8
                                          495
   1009               Delgado, Antonio    County Route 7&8--  Ulster County       Towns of    NY          360000
                                          RTE 299 Roadway     Department of       New Paltz               0
                                          Repaving            Public Works        and
                                                                                  Gardiner
   1010                    Tonko, Paul    Craig Street        City of             Schenecta   NY          270000
                                          Corridor Project    Schenectady         dy                      0
   1011                Torres, Ritchie    Del Valle Square/   New York City DOT   Bronx       NY          487000
                                          Crames Square                                                   0
                                          Traffic, Safety,
                                          and Plaza
                                          Improvements
   1012                 Higgins, Brian    DL&W Station        Niagara Frontier    Buffalo     NY          500000
                                                              Transportation                              0
                                                              Authority
   1013                Morelle, Joseph    Electric Bus        Rochester Genesee   Rochester   NY          800000
                                          Charging Facility   Regional
                                                              Transportation
                                                              Authority.
   1014                Morelle, Joseph    Elmwood Avenue      Monroe County,      Rochester   NY          859600
                                          Multiuse Corridor   New York in                                 0
                                          Improvement         cooperation with
                                                              the Town of
                                                              Brighton
   1015                  Jacobs, Chris    Griswold Road       Genesee County      Darien      NY          120320
                                          over Murder Creek   Highway                                     0
                                          Bridge              Department
                                          Replacement
   1016                Jones, Mondaire    Half Moon Bay       Village of Croton-  Croton-on   NY          150000
                                          Bridge              on-Hudson           -Hudson                 0
                                          Reconstruction
                                          Project
   1017          Maloney, Sean Patrick    Heritage Trail      Orange County       Town of     NY          500000
                                          Extension:                              Goshen
                                          Hartley Road to
                                          Downtown
                                          Middletown
                                          (Segment 2)
   1018                Nadler, Jerrold    High Line           New York State      New York    NY          500000
                                          Connections--Huds   Empire State                                0
                                          on River Park /     Development
                                          Javits Center
                                          Connection
   1019          Maloney, Sean Patrick    Highland Avenue     Orange County       Otisville   NY          125000
                                          over Wallace                                                    0
                                          Street
   1020          Maloney, Sean Patrick    Highway and         Village of Kiryas   Kiryas      NY          138000
                                          Pedestrian Safety   Joel                Joel                    0
                                          Infrastructure
                                          Improvements
   1021              Garbarino, Andrew    Highway             Town of Oyster      Oyster      NY          100000
                                          Improvements to     Bay, NY             Bay                     0
                                          the Interval
                                          Avenue Area,
                                          Farmingdale
   1022          Maloney, Sean Patrick    Hudson Highlands    Dutchess County     Beacon      NY          435000
                                          Fjord Trail                                                     0
   1023                Jones, Mondaire    Hudson Line         MTA--Metro-North    Peekskill   NY          455000
                                          Tunnels                                                         0
   1024          Maloney, Sean Patrick    I-84/Route 9D       Dutchess County     Beacon      NY          400000
                                          Connectivity                            and Town
                                          (Beacon-Fishkill)                       of
                                                                                  Fishkill
   1025              Garbarino, Andrew    Improvements to     NYSDOT              Oyster      NY          100000
                                          East Lincoln                            Bay                     0
                                          Avenue, Riverdale
                                          Avnenue and
                                          Pirates Cove,
                                          Massapequa
   1026                Morelle, Joseph    Inner Loop North    City of             Rochester   NY          400000
                                          Transformation      Rochester, NY                               0
                                          Project
   1027          Maloney, Sean Patrick    Lake St. Bridge     City of Newburgh    Newburgh    NY          175000
                                          Project                                                         0
   1028                      Reed, Tom    Lake to Lake Road   Ontario County      Town of     NY          146400
                                          Bridge                                  Gorham                  0
                                          Replacement
   1029                    Meng, Grace    Level 2 EV          NYCDOT              Queens      NY          734400
                                          Charging Network
                                          in NYCDOT
                                          Municipal Parking
                                          Facilities
   1030              Suozzi, Thomas R.    Little Bay Park     New York City       Bayside     NY          100000
                                          Promenade           Department of                               0
                                                              Parks &
                                                              Recreation
   1031              Rice, Kathleen M.    Long Beach Road     Nassau County       Rockville   NY          478000
                                          Improvements,       Department of       Centre                  0
                                          South Hempstead,    Public Works
                                          NY
   1032                    Tonko, Paul    Multi-Modal Phase   City of Amsterdam   Amsterdam   NY          450000
                                          I/Pedestrian                                                    0
                                          Connector Project
   1033          Maloney, Sean Patrick    Newburgh Ferry      Orange County       Newburgh    NY          400000
                                          Landing Pier                                                    0
   1034              Suozzi, Thomas R.    Northport           Inc. Village of     Northport   NY          139200
                                          Flooding on Main    Northport                                   0
                                          St.
   1035                 Bowman, Jamaal    Northwest Bronx     New York City       Bronx       NY          233100
                                          School Safety       Department of                               0
                                          Improvement         Transportation
                                          Project
   1036                    Tonko, Paul    NY 146 and NY146A   Town of Clifton     Clifton     NY          105500
                                          Bicycle &           Park                Park                    0
                                          Pedestrian Access
                                          Improvements
   1037                Jones, Mondaire    NYS Route 133       Town of Ossining    Ossining    NY          150000
                                          Bike Lane                                                       0
   1038                    Katko, John    Onondaga Lake       Onondaga County     Syracuse    NY          800000
                                          Canalways Trail--   Department of                               0
                                          Salina Extension    Transportation
                                          Project
   1039          Maloney, Sean Patrick    Orange-Dutchess     Orange County       Goshen      NY          400000
                                          Transportation
                                          Access and
                                          Mobility Study
   1040                 Higgins, Brian    Outer Harbor        Erie Canal Harbor   Buffalo     NY          200000
                                          Multi-Use Trails    Development                                 0
                                                              Corporation
   1041               Jeffries, Hakeem    Park Ave--          NYC DOT             Brooklyn    NY          194200
                                          Ingersoll Houses                                                0
                                          Safety
                                          Improvements
   1042                  Jacobs, Chris    Perry Road (CR      Livingston County   Mt.         NY          144000
                                          64) Highway         Highway             Morris                  0
                                          Rehabilitation      Department
   1043                    Katko, John    Phase 1 of the      City of Auburn      Auburn      NY          277840
                                          New York State                                                  0
                                          Route 38--State
                                          Street Pavement
                                          Preservation
                                          Project
   1044                Stefanik, Elise    Preventative        New York State      Town of     NY          339475
                                          Maintenance         DOT                 Johnstown               2
                                          Pavement from                           &
                                          Route 67/Route 10                       Ephratah
                                          Ephratah to
                                          Johnstown City
                                          Line
   1045                    Tonko, Paul    Purchase of Eight   Capital District    Albany      NY          600000
                                          Electric Buses      Transportation                              0
                                          for Use in          Authority (CDTA)
                                          Emerging Markets--
                                          Montgomery County
   1046          Maloney, Sean Patrick    Putnam County's     County of Putnam    Carmel      NY          150000
                                          Donald B. Smith                                                 0
                                          Transit Hub
   1047                  Jacobs, Chris    Rapids Road         Niagara County      Lockport    NY          400000
                                          Highway             Department of                               0
                                          Improvements        Public Works
   1048                    Katko, John    Reconstruction of   City of Auburn      Auburn      NY          440720
                                          Osborne Street                                                  0
   1049               Delgado, Antonio    Reconstruction of   New York State      Oneonta     NY          320000
                                          the Intersection    Department of                               0
                                          of Rt 7, Rt 23      Transportation
                                          and Maple St in
                                          Oneonta into
                                          Roundabout
                                          Configuration
   1050               Delgado, Antonio    Replacement of      Schoharie County    Schoharie   NY          625440
                                          the Bridge Street                                               0
                                          Bridge over
                                          Schoharie Creek
   1051                Jones, Mondaire    Restoration of      Village of Croton-  Croton-on   NY          600000
                                          Van Cortlandt       on-Hudson, NY       -Hudson
                                          Manor Entrance
                                          Road Project
   1052                Nadler, Jerrold    Riverside Drive     New York City       New York    NY          240000
                                          Pedestrian Mall     Parks &                                     0
                                                              Recreation
   1053                  Jacobs, Chris    Rose Road over      Genesee County      Batavia     NY          103360
                                          Bowen Creek         Highway                                     0
                                          Bridge              Department
                                          Replacement
   1054                    Katko, John    Route 104           NYSDOT              Ontario     NY          125440
                                          Intersection                                                    0
                                          Improvement
                                          Project
   1055                    Tonko, Paul    Route 2 Multi-      City of Troy        Troy        NY          570000
                                          Modal                                                           0
                                          Connectivity
                                          Project
   1056                Stefanik, Elise    Route 28/South      New York State      Town of     NY          662124
                                          Inlet Lake          DOT                 Arietta                 8
   1057                    Katko, John    Route 31            NYSDOT              Wayne       NY          297040
                                          Improvement                             County                  0
                                          Project
   1058                Stefanik, Elise    RT 12E/Chaumont     New York State      Village     NY          998400
                                          River               DOT                 of                      0
                                                                                  Chaumont
   1059               Delgado, Antonio    Safe and            City of Kingston    Kingston    NY          605381
                                          Accessible                                                      8
                                          Midtown Kingston
   1060                      Reed, Tom    Safe Passage for    Town of Cuba        Cuba        NY          147200
                                          CRCS Students                                                   0
   1061             Espaillat, Adriano    Safe Routes to      New York City       Bronx       NY          168200
                                          School--Bronx       Department of                               0
                                          (HWCSCH4D)          Transportation
   1062             Espaillat, Adriano    Safe Routes to      New York City       New York    NY          364300
                                          School--Manhattan   Department of                               0
                                          (HWCSCHMN)          Transportation
   1063            Malliotakis, Nicole    Safe Routes to      New York DOT        Brooklyn    NY          251600
                                          Transit 86th                                                    0
                                          Street
   1064              Suozzi, Thomas R.    Sands Point         Nassau County       Village     NY          178400
                                          Preserve Bridge     Department of       of Sands                0
                                                              Public Works        Point
   1065                  Jacobs, Chris    Sharp Road (CR      Erie County         Concord     NY          140000
                                          181) over Spring    Department of                               0
                                          Brook Bridge        Public Works
                                          Replacement
   1066                 Higgins, Brian    Shoreline Trail     Erie County, N.Y.   Lackawann   NY          200000
                                                                                  a and                   0
                                                                                  Hamburg
   1067              Meeks, Gregory W.    Southeast Queens    New York City DOT   Queens      NY          385900
                                          Flooding Relief                                                 0
   1068               Jeffries, Hakeem    Street              NYC DOT             Brooklyn    NY          488400
                                          Restoration in                                                  0
                                          Brooklyn--Hancock
                                          St, Bushwick Ave,
                                          Hill St, E 80th
                                          St
   1069                Morelle, Joseph    The Maiden Lane     Town of Greece      Greece      NY          660400
                                          Rehabilitation                                                  0
                                          Project
   1070                 Bowman, Jamaal    The New Rochelle    City of New         New         NY          130000
                                          LINC Project        Rochelle, New       Rochelle                00
                                                              York
   1071                 Higgins, Brian    The Riverline       Niagara Frontier    Buffalo     NY          105000
                                                              Transportation                              00
                                                              Authority
   1072                 Higgins, Brian    Twin Cities         The City of North   Tonawanda   NY          500000
                                          Highway Complete    Tonawanda, N.Y.     and North
                                          Streets                                 Tonawanda
   1073               Delgado, Antonio    Ulster County       Ulster County       Kingston    NY          800000
                                          Electric Bus
                                          Charging
                                          Infrastructure
   1074                    Meng, Grace    Union Turnpike      NYCDOT              Queens      NY          235520
                                          Center Median                                                   0
                                          Replacement
   1075              Meeks, Gregory W.    Van Wyck            New York State      Queens      NY          161410
                                          Expressway Access   DOT                                         00
                                          Improvement to
                                          John F. Kennedy
                                          Airport
   1076                  Jacobs, Chris    Victor Traffic      Ontario County      Victor      NY          992000
                                          Mitigation                                                      0
                                          Project
   1077                Jones, Mondaire    Village of          Village of          Ossining    NY          100000
                                          Ossining Route 9    Ossining                                    0
                                          Road Diet Project
   1078                      Reed, Tom    Water Street        City of Elmira      Elmira      NY          128940
                                          Rejuvenation                                                    0
                                          Project
   1079              Rice, Kathleen M.    West Broadway       Nassau County       Woodmere    NY          967000
                                          Rehabilitation      Department of       to                      0
                                                              Public Works        Cedarhurs
                                                                                  t
   1080                  Jacobs, Chris    West Lake Road      Wyoming County      Perry       NY          931478
                                          (CR 3)              Highway
                                          Preventative        Department
                                          Maintenance
   1081             Espaillat, Adriano    Williams Bridge     MTA--Metro-North    Bronx       NY          146750
                                          Station Renewal                                                 00
   1082                 Bowman, Jamaal    Yonkers Greenway    City of Yonkers     Yonkers     NY          179160
                                                                                                          0
   1083                     Gibbs, Bob    11th Street         City of Canton      Canton      OH          150000
                                          Reconstruction                                                  0
                                          Project
   1084              Gonzalez, Anthony    Arlington Road      City of Green       Green       OH          557855
                                          Corridor                                                        1
   1085                     Gibbs, Bob    Bagley Road         City of North       North       OH          150000
                                          Reconstruction      Ridgeville          Ridgevill               0
                                                                                  e
   1086                 Wenstrup, Brad    BRO-32-4.16         Ohio Department     Mt. Orab    OH          100000
                                                              of Transportation                           00
   1087                     Gibbs, Bob    Cherry Rd Bridges   Stark County        Massillon   OH          148000
                                          Rehabilitation      Engineers                                   0
   1088                 Wenstrup, Brad    CLE CR 3--          Clermont County     Cincinnat   OH          200000
                                          Aicholtz Road       Transportation      i                       0
                                          Roundabouts         Improvement
                                                              District
   1089                 Wenstrup, Brad    CLE SR32-2.33--     Ohio Department     Batavia     OH          150000
                                          CLE CR55 Overpass   of Transportation                           0
   1090                Balderson, Troy    Cleveland Avenue    Central Ohio        Westervil   OH          800000
                                          Multimodal          Transit Authority   le
                                          Facility Project
   1091              Gonzalez, Anthony    Columbia Road--I-   City of Westlake    Westlake    OH          190000
                                          90 Interchange                                                  0
   1092                     Gibbs, Bob    E. Main Street      City of             Louisvill   OH          120000
                                          (SR153) & Nickel    Louisville          e                       0
                                          Plate
                                          Intersection
                                          Improvement
   1093                Turner, Michael    East Dayton Rails-  City of Dayton      Dayton      OH          200000
                                          to-Trails (Flight                                               0
                                          Line)
   1094                     Gibbs, Bob    Easton Street/      Stark County        Canton      OH          575000
                                          GlenOak HS          Engineer
                                          Intersection
                                          Improvements
   1095                Turner, Michael    Electric Trolley    Greater Dayton      Dayton      OH          360000
                                          Power               Regional Transit                            0
                                          Distribution        Authority (RTA)
                                          System
   1096                     Gibbs, Bob    French Creek        City of Avon        Avon        OH          595637
                                          Greenway Phase 1
   1097                Balderson, Troy    Gaysport Bridge     Muskingam County    Philo       OH          300000
                                          Replacement         Engineer's Office                           0
                                          Project
   1098   .............................   HAM-75-1.95         ODOT                Cincinnat   OH          864000
                                                                                  i                       0
                         Chabot, Steve   ..................  ..................  ..........  ..........   432000
                                                                                                          0
                        Wenstrup, Brad   ..................  ..................  ..........  ..........   432000
                                                                                                          0
   1099                     Gibbs, Bob    Hydrogen            Stark Area          Canton      OH          100000
                                          Infrastructure      Regional Transit                            0
                                          Tank Increase       Authority (SARTA)
   1100                Balderson, Troy    Interchange         Deleware County     Sunbury     OH          300000
                                          Construction        Transportation                              0
                                          Project on I-71     Improvement
                                          at Sunbury          District and Ohio
                                          Parkway             Department of
                                                              Transportation
   1101              Gonzalez, Anthony    Kungle Road         City of Norton      Norton      OH          308000
                                          Culvert
                                          Replacement
   1102                               Lat LUC IR 475 @ US''   Lucas County        Lucas       OH          100000
                                          20A Interchange     Transportation      County                  00
                                                              Improvement
                                                              District
   1103                Balderson, Troy    Main Street         City of Mansfield   Mansfield   OH          200000
                                          Corridor                                                        0
                                          Improvement Plan
   1104                   Joyce, David    Miller Road--I77    Ohio Department     Brecksvil   OH          120000
                                          Interchange         of Transportation/  le                      00
                                                              City of
                                                              Brecksville
   1105              Gonzalez, Anthony    Olmsted Falls       City of Olmsted     Olmsted     OH          190000
                                          Columbia Rd.        Falls               Falls                   0
   1106              Gonzalez, Anthony    Pearl Road          City of Brunswick   Brunswick   OH          271870
                                          Brunswick                                                       0
   1107                     Gibbs, Bob    Pearl Road          City of Brunswick   Brunswick   OH          150000
                                          Improvements                                                    0
   1108                     Gibbs, Bob    River Styx Road/    Northeast Ohio      Montville   OH          320000
                                          SR 162              Areawide            Township                0
                                          Intersection        Coordinating
                                          Roundabout          Agency
   1109              Gonzalez, Anthony    Sprague Road        City of Parma       Parma       OH          800000
                                          Widening Parma
   1110                   Joyce, David    SR283 Capacity      City of Mentor      Mentor      OH          314800
                                          Improvements                                                    0
   1111              Gonzalez, Anthony    Stark County CR-    Stark County        North       OH          350000
                                          224                 Engineers           Canton
   1112                     Gibbs, Bob    State Route 13      City of Mount       Mount       OH          190040
                                          Relocation          Vernon              Vernon                  5
   1113                     Gibbs, Bob    State Route 254 &   City of Avon        Avon        OH          150000
                                          State Route 83                                                  0
                                          Intersection
                                          Improvement
   1114                   Joyce, David    Study and Design    Ohio Department     Ashtabula   OH          240000
                                          of ATB 531          of Transportation                           0
   1115                Balderson, Troy    The Point           City of Delaware    Delaware    OH          400000
                                          Intersection-US                                                 0
                                          36/SR 37
   1116                Balderson, Troy    Thornwood           City of Newark      Newark      OH          500000
                                          Crossing Project                                                0
   1117                     Gibbs, Bob    U.S. Route 30--     Ohio Department     East        OH          150000
                                          East Canton         of Transportation   Canton                  0
                                          Expansion
   1118                   Joyce, David    US-422 Harper       Ohio Department     Solon       OH          241428
                                          Road Interchange    of Transportation/                          8
                                                               City of Solon
   1119                     Gibbs, Bob    W. Tuscarawas       City of Canton      Canton      OH          100000
                                          Street Safety                                                   0
                                          Corridor Project
   1120              Gonzalez, Anthony    Wadsworth           City of Wadsworth   Wadsworth   OH          250000
                                          Streetscape                                                     0
   1121              Gonzalez, Anthony    Wayne CR-30         Wayne County        Wooster     OH          121996
                                          Resurfacing                                                     2
                                          project
   1122              Gonzalez, Anthony    West Creek          City of Parma       Parma       OH          272000
                                          Greenway                                                        0
   1123                  Chabot, Steve    Western Hills       City of             Cincinnat   OH          150000
                                          Viaduct             Cincinatti          i                       00
                                          Replacement
                                          Project
   1124                  Beatty, Joyce    Bobcat Way:         City of Grandview   Grandview   OH          100000
                                          Transformation of   Heights             Heights                 0
                                          Fairview Avenue
   1125                  Beatty, Joyce    Broad Street and    City of Columbus    Columbus    OH          100000
                                          James Road                                                      0
                                          Intersection
   1126                  Beatty, Joyce    Cherry Bottom       City of Gahanna     Gahanna     OH          860000
                                          Road Emergency
                                          Stabilization
   1127                      Ryan, Tim    City of Akron--     City of Akron       Akron       OH          400000
                                          North Main Street                                               0
                                          Complete Streets
                                          Project
   1128                  Kaptur, Marcy    Cleveland Hopkins   Northeast Ohio      Cleveland   OH          200000
                                          Airport Master      Areawide                                    0
                                          Plan Interstate     Coordinating
                                          Access              Agency (NOACA),
                                          Improvement         the metropolitan
                                          Project             planning
                                                              organization
                                                              (MPO) for Greater
                                                              Cleveland
   1129                      Ryan, Tim    Cuyahoga Falls --   City of Cuyahoga    City of     OH          720000
                                          Gorge Terrace       Falls               Cuyahoga                0
                                          Street                                  Falls
                                          Transformation
                                          Project
   1130                      Ryan, Tim    Eastgate--State     Eastgate Regional   Howland     OH          400000
                                          Route 46 and        Council of          Township                0
                                          Warren-Sharon       Governments
                                          Road Intersection
                                          Safety
                                          Improvements
   1131                  Beatty, Joyce    Ferris Road         Franklin County     Columbus    OH          200000
                                          Corridor            Engineer                                    0
   1132                  Beatty, Joyce    Hiawatha Park       City of Columbus    Columbus    OH          100000
                                          Drive Urban                                                     0
                                          Greenway
   1133                  Beatty, Joyce    Hudson Street and   City of Columbus    Columbus    OH          100000
                                          Greenway Trail                                                  0
   1134                  Kaptur, Marcy    Jackson Street/     City of Toledo      Toledo      OH          400000
                                          Civic Center Mall                                               0
                                          Corridor-Lucas
                                          County
   1135                  Kaptur, Marcy    Life and Safety     TARTA, the Toledo   Toledo      OH          400000
                                          Facility            Area Regional                               0
                                          Upgrades, TARTA     Transit Authority
                                          M&O Facility
   1136                  Kaptur, Marcy    Lorain County       Northeast Ohio      Lorain      OH          400000
                                          Lakefront           Areawide            Ohio                    0
                                          Connectivity        Coordinating
                                          Project             Agency (NOACA)
   1137                      Ryan, Tim    Mahoning Avenue     The Mahoning        Jackson     OH          400000
                                          Industrial          County Engineer     Township                0
                                          Corridor Upgrade
   1138                  Kaptur, Marcy    Multimodal          Cuyahoga County,    City of     OH          200000
                                          Lakefront Access,   Ohio                Cleveland               0
                                          Cuyahoga County,                        Boundary,
                                          Ohio                                    including
                                                                                  Bay
                                                                                  Village,
                                                                                  Rocky
                                                                                  River,
                                                                                  and
                                                                                  Lakewood
   1139                  Beatty, Joyce    Operation           City of Columbus    Columbus    OH          200000
                                          Safewalks--Refuge                                               0
                                          e Road
   1140                  Beatty, Joyce    Reynoldsburg East   City of             Reynoldsb   OH          158500
                                          Main Phase II       Reynoldsburg        urg                     0
   1141                  Beatty, Joyce    Reynoldsburg Park   Central Ohio        Reynoldsb   OH          500000
                                          & Ride              Transit Authority   urg
                                                              (COTA)
   1142                  Beatty, Joyce    Rickenbacker Area   Franklin County     Columbus    OH          500000
                                          Access--Northboun   Engineer                                    0
                                          d Bridge Project
   1143                  Beatty, Joyce    Rickenbacker Area   Central Ohio        Columbus    OH          300000
                                          Mobility Center     Transit Authority                           0
                                          (RAMC)              (COTA)
   1144                  Kaptur, Marcy    Sandusky Bay        City of Sandusky    Sandusky    OH          400000
                                          Pathway                                                         0
   1145                Bice, Stephanie    Bridges on          City of Edmond      Edmond      OK          100000
                                          Interstate 35 at                                                00
                                          Interchanges
                                          between Memorial
                                          and 2nd Street
   1146                      Cole, Tom    I-35 Widening in    ODOT                Love        OK          171200
                                          Love County                             County                  00
   1147                Bice, Stephanie    I35/I240            Oklahoma            Oklahoma    OK          100000
                                          Interchange         Department of       City                    00
                                                              Transportation
   1148                               Luc I-40 and Exit 65    Oklahoma            Clinton     OK          325000
                                          in Clinton          Department of                               0
                                                              Transportation
   1149                      Cole, Tom    S.E. 29th Street    ODOT                Midwest     OK          288000
                                          Bridge                                  City                    0
                                          Replacement &
                                          Repair Project
   1150                               Luc SH30 from SH33 N.   Oklahoma            Durham      OK          200000
                                          2 miles in Roger    Department of                               0
                                          Mills Co            Transportation
   1151                               Luc SH-33 from Blaine   Oklahoma            Kingfishe   OK          325000
                                          County line east    Department of       r                       0
                                          to SH-74            Transportation
   1152                               Luc US-270 between      Oklahoma            Watonga     OK          325000
                                          Watonga and         Department of                               0
                                          Seiling             Transportation
   1153                               Luc US-287 from Boise   Oklahoma            Boise       OK          325000
                                          City north to       Department of       City                    0
                                          Colorado (Ports-    Transportation
                                          to-Plains
                                          Corridor)
   1154               Blumenauer, Earl    181st Safety        City of Gresham     Gresham     OR          400000
                                          Improvements                                                    0
   1155               Blumenauer, Earl    82nd Avenue         City of Portland    Portland    OR          500000
                                          Safety Projects                                                 0
   1156              DeFazio, Peter A.    Albany Transit      City of Albany      Albany      OR          156397
                                          Operations                                                      8
                                          Facility
   1157              Bonamici, Suzanne    Beaverton           City of Beaverton   Beaverton   OR          400000
                                          Downtown Loop:                                                  0
                                          Phase 1
                                          Improvements
   1158              DeFazio, Peter A.    Benton Area         Benton County       Corvallis   OR          528000
                                          Transit Vehicle
                                          Replacement
   1159              DeFazio, Peter A.    Corvallis Area      City of Corvallis   Corvallis   OR          880000
                                          Pedestrian
                                          Crossing
                                          Improvements
   1160              DeFazio, Peter A.    Georgia Pacific     Port of Coos Bay    Coos Bay    OR          450000
                                          Mill Site Rail-                                                 0
                                          Served Marine
                                          Terminal
   1161                 Schrader, Kurt    I-5: Aurora-        Oregon DOT          Aurora      OR          200000
                                          Donald                                                          00
                                          Interchange
                                          Improvement
                                          Project
   1162              DeFazio, Peter A.    Libby Lane          Coos County         Coos Bay    OR          486400
                                          Repaving
   1163              DeFazio, Peter A.    LTD Electric Bus    Lane Transit        Eugene      OR          184432
                                          Replacement         District                                    2
   1164              Bonamici, Suzanne    Main Avenue/OR      City of Warrenton   Warrenton   OR          136000
                                          104 Pedestrian                                                  0
                                          Route
   1165              DeFazio, Peter A.    NW Circle           City of Corvallis   Corvallis   OR          280000
                                          Boulevard                                                       0
                                          Reconstruction/
                                          Rehabilitation
   1166              Bonamici, Suzanne    OR18: Newberg-      Oregon Department   Newberg     OR          800000
                                          Dundee Bypass       of Transportation                           0
                                          Phase 2 (OR219
                                          Section)
   1167              DeFazio, Peter A.    River Road--Santa   City of Eugene      Eugene      OR          150000
                                          Clara Bicycle and                                               0
                                          Pedestrian Bridge
   1168               Blumenauer, Earl    Rose Lane / High    City of Portland    Portland    OR          500000
                                          Crash Corridor--                                                0
                                          Smart Tech and
                                          Safety
                                          Improvements--122
                                          nd
   1169   .............................   Safety and Smart    City of Portland    Portland    OR          400000
                                          Technology                                                      0
                                          Investments:
                                          Central City,
                                          Broadway
                      Blumenauer, Earl   ..................  ..................  ..........  ..........   200000
                                                                                                          0
                     Bonamici, Suzanne   ..................  ..................  ..........  ..........   200000
                                                                                                          0
   1170              DeFazio, Peter A.    Siuslaw River       ODOT                Florence    OR          897300
                                          Bridge Pedestrian
                                          and Bicycle
                                          Improvement
                                          Project
   1171              DeFazio, Peter A.    Territorial         Lane County         Lane        OR          500000
                                          Highway                                 County                  0
                                          Reconstruction
                                          Phase 3
   1172               Blumenauer, Earl    TriMet Zero         TriMet              Portland    OR          400000
                                          Emission Bus                                                    0
                                          Infrastructure
   1173              Bonamici, Suzanne    Tualatin Valley     Oregon Department   Cornelius   OR          400000
                                          Highway Safety      of Transportation   ,                       0
                                          Improvements                            Hillsboro
                                                                                  ,
                                                                                  unincorpo
                                                                                  rated
                                                                                  Washingto
                                                                                  n County
   1174                    Joyce, John    Amtran Bus          AMTRAN              Altoona     PA          900000
                                          Replacement
   1175                   Keller, Fred    Asset Management    Northern Tier RPO   Washingto   PA          280000
                                          Phase 1                                 n/North                 0
                                                                                  Branch/
                                                                                  Forkston
                                                                                  Townships
   1176         Thompson, Glenn ``GT''    Bradford Bypass     North Central       Bradford    PA          568000
                                                              Pennsylvania                                0
                                                              Regional Planning
                                                              and Development
                                                              Commission
   1177             Fitzpatrick, Brian    Bristol Station     Southeastern        Bristol     PA          500000
                                          Improvements        Pennsylvania                                0
                                                              Transportation
                                                              Authority (SEPTA)
   1178                    Joyce, John    Cambria County      CamTran             Johnstown   PA          616000
                                          Transit Authority                                               0
                                          (CamTran) Bus
                                          Replacements
   1179             Reschenthaler, Guy    Crawford Avenue     PennDOT             Connellsv   PA          568218
                                          Bridge              Engineering         ille                    0
                                          Rehabilitation      District 12-0
   1180                    Kelly, Mike    East Washington     PennDOT             New         PA          311600
                                          Road (PennDOT ID    Engineering         Castle                  0
                                          91768)              District 11-0
   1181                    Kelly, Mike    East Washington     PennDOT             New         PA          140000
                                          Street Bridge       Engineering         Castle                  0
                                          (PennDOT ID         District 11-0
                                          100743)
   1182                    Joyce, John    Johnstown           Vision Together     Johnstown   PA          150000
                                          Mainstreet          2025                                        0
                                          Greenway & Urban
                                          Connectivity
                                          Improvements
   1183                    Joyce, John    Laurel Valley       PennDOT             Mt          PA          500000
                                          Transportation      Engineering         Pleasant                0
                                          Improvement         District 12-0       and Unity
                                          Project SR 130 to                       Townships
                                          Arnold Palmer
                                          Airport
   1184             Fitzpatrick, Brian    Lower State Road    Southeastern        Philadelp   PA          120000
                                          Grade Crossing      Pennsylvania        hia                     0
                                          Safety              Transportation
                                          Improvements        Authority (SEPTA)
   1185                   Keller, Fred    Marsh Creek         Tioga County        Wellsboro   PA          500000
                                          Greenway            Board of                                    0
                                                              Commissioners
   1186         Thompson, Glenn ``GT''    PA Route 26         Centre County       Bellefont   PA          500000
                                          Jacksonville Road   Metropolitan        e                       0
                                          Betterment          Planning
                                                              Organization
   1187             Fitzpatrick, Brian    PA Turnpike / I-    Pennsylvania        Bensalem    PA          500000
                                          95 Interchange      Turnpike                                    0
                                          Project, Section    Commission
                                          C
   1188             Fitzpatrick, Brian    PA Turnpike / I-    Pennsylvania        Bensalem    PA          500000
                                          95 Interchange      Turnpike                                    0
                                          Project, Section    Commission
                                          D30
   1189         Thompson, Glenn ``GT''    Purchase of 8       Centre Area         State       PA          416000
                                          Microtransit Vans   Transit Authority   College
   1190                    Meuser, Dan    Route 61            Northeastern        Schuykill   PA          152000
                                          Revitalization      Pennsylvania        County                  00
                                                              Alliance
   1191                    Kelly, Mike    Sassafras Street    PennDOT             Erie        PA          440000
                                          Extension           Engineering                                 0
                                          Pedestrian Bridge
   1192                   Keller, Fred    SR 1001             SEDA-COG            Woodward    PA          120000
                                          Farrandsville       Metropolitan        Township                0
                                          Road Improvements   Planning            and Lock
                                                              Organization        Haven
   1193                   Keller, Fred    SR 104 over         SEDA-COG            Chapman     PA          100000
                                          Mahantango Creek    Metropolitan        Township                0
                                                              Planning
                                                              Organization
   1194             Reschenthaler, Guy    SR2027 Speers       PennDOT             Speers      PA          567256
                                          Bridge              Engineering         Borough                 4
                                          Replacement over    District 12-0
                                          I-70
   1195                   Keller, Fred    SR87 ov Kettle      Northern Tier RPO   Hillsgrov   PA          104000
                                          Creek                                   e                       0
                                                                                  Township
   1196                    Kelly, Mike    State Route 68      PennDOT             Butler      PA          663000
                                          Corridor            Engineering                                 0
                                          Improvements        District 10-0
   1197                    Kelly, Mike    US 422 Bypass       PennDOT             Butler,     PA          245400
                                          Phase 2             Engineering         Connoquen               0
                                                              District 10-0       essing,
                                                                                  and
                                                                                  Franklin
                                                                                  Townships
   1198                    Kelly, Mike    US 6: Reynolds      PennDOT             Meadville   PA          200000
                                          St--Baldwin St      Engineering                                 0
                                          Ext (Route 6        District 10-0
                                          Highway
                                          Reconstruction)
   1199                   Keller, Fred    US Business Route   Centre County       State       PA          555000
                                          322 (State Route    Metropolitan        College                 0
                                          3014) Atherton      Planning
                                          Street Section      Organization
                                          153 Drainage/       (CCMPO)
                                          Repaving Project
   1200                   Keller, Fred    Warrensville Road   Lycoming County,    Williamsp   PA          336000
                                          Slide               PA                  ort                     0
                                          Rehabilitation
   1201             Reschenthaler, Guy    Waynesburg          PennDOT             Waynesbur   PA          800000
                                          Betterment          Engineering         g Borough               0
                                                              District 12-0       &
                                                                                  Franking
                                                                                  Township
   1202              Scanlon, Mary Gay    69th Street         Southeastern        Upper       PA          160000
                                          Transportation      Pennsylvania        Darby                   0
                                          Center Master       Transportation
                                          Plan                Authority
   1203               Cartwright, Matt    Blakely Borough     Lackawanna County   Blakely     PA          149741
                                          Main Street                             Borough,                7
                                          Corridor                                Lackwanna
                                          Improvement                             County
                                          Project
   1204                    Wild, Susan    Bridge              Northeastern        Hamilton    PA          200000
                                          Replacement 209 &   Pennsylvania        Township                0
                                          33 NB over          Metropolitan
                                          Appenzell Creek     Planning
                                                              Organization
                                                              (NEPA MPO)
   1205                    Wild, Susan    Bushkill Creek      Lehigh Valley       Easton      PA          400000
                                          Bridge              Transportation                              0
                                          Replacements (2)    Study
                                          Carrying State
                                          Route 33
   1206                               Lam Carnegie Station    Port Authority of   Carnegie    PA          969920
                                          Improvement and     Allegheny County                            0
                                          Park and Ride
                                          Expansion
   1207              Boyle, Brendan F.    Castor Ave          City of             Philadelp   PA          300000
                                          Complete Street     Philadelphia        hia                     0
   1208                    Wild, Susan    Cementon Bridge     Lehigh Valley       Whitehall   PA          100000
                                          Replacement         Transportation      ,                       00
                                          carrying State      Study               Northampt
                                          Route 329 over                          on
                                          the Lehigh River
   1209                  Evans, Dwight    Chestnut Street     City of             Philadelp   PA          300000
                                          Pedestrian Safety   Philadelphia        hia                     0
                                          Islands
   1210   .............................   Cobbs Creek         City of             Philadelp   PA          200000
                                          Parkway             Philadelphia        hia                     0
                                          Multimodal Safety
                                          Improvements:
                                          Larchwood Avenue
                                          to 67th St.
                     Scanlon, Mary Gay   ..................  ..................  ..........  ..........   120000
                                                                                                          0
                         Evans, Dwight   ..................  ..................  ..........  ..........   800000
   1211               Cartwright, Matt    County of           County of           Scranton    PA          500000
                                          Lackawanna          Lackawanna                                  0
                                          Transit System      Transit System
                                          Transit Facility    (COLTS)
                                          Renovation
   1212               Cartwright, Matt    Crestwood Drive     Luzerne County      Wright      PA          120000
                                          Resurfacing                             Township,               0
                                          Project                                 Luzerne
                                                                                  County
   1213              Doyle, Michael F.    Critical            City of             Pittsburg   PA          500000
                                          Pedestrian          Pittsburgh,         h                       0
                                          Connections--Publ   Department of
                                          ic Steps            Mobility and
                                          Reconstruction      Infrastructure
   1214                Dean, Madeleine    Cross County        Montgomery          Plymouth    PA          484000
                                          Trail--Germantown   County, PA          Township                0
                                          Pike Crossing and
                                          Extension
   1215   .............................   Erie Station        Southeastern        Philadelp   PA          720000
                                          (Broad Street       Pennsylvania        hia                     0
                                          Line)               Transportation
                                          Accessibility       Authority (SEPTA)
                                          Improvements
                     Boyle, Brendan F.   ..................  ..................  ..........  ..........   360000
                                                                                                          0
                         Evans, Dwight   ..................  ..................  ..........  ..........   360000
                                                                                                          0
   1216              Houlahan, Chrissy    Exton Station       Southeastern        Exton       PA          480000
                                          Intermodal          Pennsylvania                                0
                                          Connectivity        Transportation
                                                              Authority (SEPTA)
   1217              Boyle, Brendan F.    Frankford Creek     City of             Philadelp   PA          200000
                                          Greenway: Adams     Philadelphia        hia                     0
                                          Avenue to Bristol
                                          Street
   1218                  Evans, Dwight    Franklin Square     Delaware River      Philadelp   PA          240000
                                          Pedestrian and      Port Authority      hia
                                          Bicycle             (``DRPA'')
                                          Improvement--7th
                                          and Race Specific
   1219               Cartwright, Matt    Hazleton Buses      Lackwanna/Luzerne   Hazleton    PA          150000
                                          and Bus             Transportation                              0
                                          Infrastructure      Study MPO
   1220              Doyle, Michael F.    Hill District       City of             Pittsburg   PA          600000
                                          Corridor            Pittsburgh,         h                       0
                                          Enhancements        Department of
                                                              Mobility and
                                                              Infrastructure
   1221              Doyle, Michael F.    Improvements to     PennDOT             Pittsburg   PA          500000
                                          Boulevard of the    Engineering         h                       0
                                          Allies              District 11-0
   1222                               Lam Kittanning Pike     Pennsylvania        O'Hara      PA          220000
                                          Flood Control       Department of       Township                0
                                                              Transportation
                                                              (PennDOT)
   1223               Cartwright, Matt    Lower Demunds       Luzerne County,     Dallas      PA          120000
                                          Road Resurfacing    PA                  Township,               0
                                          Project                                 Luzerne
                                                                                  County
   1224              Scanlon, Mary Gay    Main Street Grade   PA Department of    Darby       PA          100000
                                          Crossing in Darby   Transportation      Borough                 0
                                          Borough
   1225                  Evans, Dwight    Mantua              City of             Philadelp   PA          400000
                                          Neighborhood        Philadelphia        hia                     0
                                          Traffic Safety
                                          Project (34th
                                          St.)
   1226              Scanlon, Mary Gay    Marcus Hook         Southeastern        Marcus      PA          112500
                                          Regional Rail       Pennsylvania        Hook                    00
                                          Station             Transportation
                                          Accessibility       Authority
                                          Improvements
   1227                               Lam Market Place        Moon                Moon        PA          310080
                                          District            Transportation      Township                0
                                          Improvements        Authority
                                          Project
   1228                               Lam McKees Rocks        PennDOT             McKees      PA          500000
                                          Bridge                                  Rocks                   0
   1229              Doyle, Michael F.    McKeesport--Duque   PennDOT             McKeespor   PA          400000
                                          sne Bridge          Engineering         t                       0
                                          Preservation        District 11-0
   1230              Houlahan, Chrissy    PA 12 West          Pennsylvania        Wyomissin   PA          400000
                                          Resurface- 422      Department of       g Borough               0
                                                              Transportation
   1231                  Evans, Dwight    Parkside Avenue--   City of             Philadelp   PA          400000
                                          Safe Access to      Philadelphia        hia                     0
                                          Parks
   1232                  Evans, Dwight    Penn Center         SEPTA               Philadelp   PA          397500
                                          Transit Gateway                         hia                     0
   1233              Scanlon, Mary Gay    PHL Airport Bike    The City of         Philadelp   PA          300000
                                          Lanes               Philadelphia        hia                     0
   1234               Cartwright, Matt    Replacement of SR   Wayne County, PA    Salem       PA          560000
                                          590 Bridge over                         Township,
                                          Branch of Ariel                         Wayne
                                          Creek                                   County
   1235               Cartwright, Matt    Replacement of SR   Wayne County, PA    Paupack     PA          432000
                                          590 Bridge over                         Township,
                                          Inlet to Finn                           Wayne
                                          Swamp                                   County
   1236              Boyle, Brendan F.    Roosevelt           City of             Philadelp   PA          196000
                                          Boulevard           Philadelphia        hia                     0
                                          Intersection
                                          Improvements
   1237              Houlahan, Chrissy    Schuylkill Avenue   Pennsylvania        Reading     PA          490403
                                          Bridge              Department of                               6
                                                              Transportation
                                                              (PennDOT)
   1238              Boyle, Brendan F.    Second Street       City of             Philadelp   PA          240000
                                          Signal              Philadelphia        hia                     0
                                          Optimization
                                          (Lehigh Ave to
                                          Callowhill St)
   1239              Scanlon, Mary Gay    SEPTA Platform      City of             Philadelp   PA          120500
                                          Rehabilitation      Philadelphia        hia                     0
                                          Project at PHL
   1240               Cartwright, Matt    Sleepy Hollow       Lackawanna          Butler      PA          120000
                                          Road Bridge         County, PA          Township,               0
                                          Replacement                             Luzerne
                                                                                  County
   1241                Dean, Madeleine    South Henderson     Upper Merion        Upper       PA          500000
                                          Road Widening       Transportation      Merion                  0
                                                              Authority
   1242                Dean, Madeleine    SR 29 & SR 113      Perkiomen           Perkiomen   PA          367651
                                          Intersection        Township            Township                2
                                          Improvements
   1243                Dean, Madeleine    SR 4004--Park       Lower Providence    Audubon     PA          474560
                                          Ave, Eagleville     Township                                    4
                                          Road, Crawford
                                          Road Intersection
                                          Realignment
                                          Project
   1244               Cartwright, Matt    State Route 115     Northeast           Chestnuth   PA          400000
                                          Corridor            Pennsylvania MPO    ill                     0
                                          Improvements        (NEPA Alliance)     Township,
                                          Effort                                  Monroe
                                                                                  County
   1245               Cartwright, Matt    State Route 590     Northeast           Lackawaxe   PA          240000
                                          Paving Project      Pennsylvania MPO    n                       0
                                                              (NEPA Alliance)     Township,
                                                                                  Pike
                                                                                  County
   1246               Cartwright, Matt    State Route 652     Wayne County        Berlin      PA          100800
                                          Resurfacing                             Township,               0
                                          Project                                 Wayne
                                                                                  County
   1247                    Wild, Susan    Tilghman Street     Lehigh Valley       South       PA          400000
                                          and State Route     Transportation      Whitehall               0
                                          309 Interchange     Study               Township
                                          Reconstruction
   1248              Scanlon, Mary Gay    Upper Darby         Upper Darby         Upper       PA          745000
                                          Walnut Street       Township            Darby
                                          Multimodal
                                          Connectivity
                                          Project
   1249              Houlahan, Chrissy    US 222 Hard         Pennsylvania        Wyomissin   PA          500000
                                          Shoulder            Department of       g Borough               0
                                                              Transportation
                                                              (PennDOT)
   1250      Gonzalez-Colon, Jenniffer    PRHTA-01 Lajas to   Puerto Rico         Lajas       PR          500000
                                          San German          Highways and                                0
                                                              Transportation
                                                              Authority
   1251      Gonzalez-Colon, Jenniffer    PRHTA-02 Gurabo     Puerto Rico         Gurabo      PR          480000
                                                              Highways and                                0
                                                              Transportation
                                                              Authority
   1252      Gonzalez-Colon, Jenniffer    PRHTA-03 Bayamon    Puerto Rico         Bayamon     PR          788400
                                                              Highways and                                0
                                                              Transportation
                                                              Authority
   1253            Cicilline, David N.    East Main Road--    Rhode Island        Portsmout   RI          240000
                                          Union Avenue to     Department of       h
                                          Sandy Point         Transportation
                                          Avenue Safe
                                          Shared-Use Path
   1254            Cicilline, David N.    Hope and Main       Rhode Island        Bristol     RI          800000
                                          Street Sidewalks    Department of       and                     0
                                                              Transportation      Warren
   1255            Cicilline, David N.    Pawtucket Avenue    Rhode Island        East        RI          560000
                                          Veteran-s           Department of       Providenc               0
                                          Memorial Parkway    Transportation      e
                                          to Waterman
                                          Avenue
   1256                               Lan Post Road and Old   Rhode Island        Westerly,   RI          104000
                                          Post Road           Department of       Charlesto               00
                                          Improvements        Transportation      wn
                                                              (RIDOT)
   1257                               Lan Route 2, Bald.      Rhode Island        Warwick/    RI          400000
                                          Hill Road, and      Department of       Cranston                0
                                          New London Avenue   Transportation
                                          Improvements        (RIDOT)
   1258            Cicilline, David N.    RT-114, Wampanoag   Rhode Island        Barringto   RI          592000
                                          Trail (East Shore   Department of       n and                   0
                                          Expressway to       Transportation      East
                                          Federal Road)                           Providenc
                                                                                  e
   1259                               Lan Trestle Trail--     Town of Coventry    Coventry    RI          440000
                                          West Section                                                    0
   1260                    Mace, Nancy    I 26/ 526           SCDOT               North       SC          200000
                                          Interchange                             Charlesto               00
                                                                                  n
   1261                    Wilson, Joe    SC-126 Belvedere    Augusta-Aiken       Clearwate   SC          130696
                                          Clearwater Road     Metropolitan        r                       95
                                          Widening            Planning
                                                              Organization
   1262              Clyburn, James E.    Corridor            Lower Savannah      Calhoun     SC          110000
                                          Improvement at      Council of          County                  0
                                          Old State Road      Governments
                                          (US 21/176) from
                                          Savany Hunt Creek
                                          Road (S-86) to
                                          Old Sandy Run
                                          Road (S-31)
   1263              Clyburn, James E.    Intersection        Lower Savannah      Gaston      SC          110000
                                          Improvement at      Council of                                  0
                                          Old State Road      Governments
                                          (US 21/176) and
                                          Savany Hunt Creek
                                          Road (S-86)
   1264              Clyburn, James E.    Santee Wateree      Santee Wateree      Sumter      SC          200000
                                          Regional            Regional                                    0
                                          Transportation      Transportation
                                          #2022               Authority
   1265              Clyburn, James E.    Sumter Manning      City of Sumter,     Sumter      SC          400000
                                          Avenue Bridge       South Carolina                              0
                                          Multimodal
                                          Enhancements
   1266              Clyburn, James E.    US 21/178 Bypass    County of           Orangebur   SC          780000
                                          (Joe S. Jeffords    Orangeburg          g                       0
                                          Highway) Corridor
                                          Improvement
   1267              Clyburn, James E.    Walk Bike           City of Columbia    Columbia    SC          400000
                                          Columbia                                                        0
   1268                  Burchett, Tim    Blount County       Blount County       Blount      TN          342080
                                          Greenway            Highway             County                  0
                                                              Department
   1269                   Cohen, Steve    Elvis Presley       Tennessee           Memphis     TN          700000
                                          Boulevard           Department of                               0
                                                              Transportation
                                                              (TDOT)
   1270             Harshbarger, Diana    Knob Creek Road     Tennessee           Johnson     TN          263000
                                                              Department of       City                    0
                                                              Transportation
   1271                  Burchett, Tim    Magnolia Avenue     City of Knoxville   Knoxville   TN          100000
                                          Corridor                                                        00
   1272                   Cohen, Steve    MATA Electric Bus   Memphis Area        Memphis     TN          700000
                                          Program             Transit Authority                           0
                                                              (MATA)
   1273                   Cohen, Steve    Memphis 3.0         City of Memphis     Memphis     TN          300000
                                          (Kimball at                                                     0
                                          Pendleton)
   1274                   Cohen, Steve    Mississippi         City of Memphis     Memphis     TN          114144
                                          Boulevard                                                       0
                                          Signalized
                                          Pedestrian
                                          Crossing
   1275                   Cohen, Steve    Overton Park        City of Memphis     Memphis     TN          173943
                                          Cooper Street                                                   2
                                          Entrance
   1276             Harshbarger, Diana    SR-126              Tennessee           Kingsport   TN          566200
                                                              Department of                               0
                                                              Transportation
   1277             Harshbarger, Diana    SR-34               Tennessee           Morristow   TN          239400
                                                              Department of       n                       0
                                                              Transportation
   1278             Harshbarger, Diana    SR-35               Tennessee           Greenvill   TN          201800
                                                              Department of       e                       0
                                                              Transportation
   1279             Harshbarger, Diana    SR-36               Tennessee           Spurgeon    TN          544500
                                                              Department of                               0
                                                              Transportation
   1280             Harshbarger, Diana    SR-499 EXT          Tennessee           Seviervil   TN          832000
                                                              Department of       le
                                                              Transportation
   1281             Harshbarger, Diana    SR-93 Horse Creek   Tennessee           Kingsport   TN          777000
                                                              Department of
                                                              Transportation
   1282             Harshbarger, Diana    SR-93               Tennessee           Fall        TN          242000
                                          Miscellaneous       Department of       Branch
                                          Safety              Transportation
                                          Improvements
   1283           Fleischmann, Charles    Third/Fourth        City of             Chattanoo   TN          250000
                             ``Chuck''    Street Corridor     Chattanooga         ga                      0
                                          Project,
                                          Chattanooga, TN
   1284                     Rose, John    US-127 (SR-28)      Tennessee           Fentress    TN          200000
                                                              Department of       County /                00
                                                              Transportation      Cumberlan
                                                                                  d County
   1285                       Jackson Lee 54 Scott Street     Metropolitan        Houston     TX          200000
                                          BOOST Corridor      Transit Authority                           00
                                          project             of Harris County,
                                                              Houston, Texas
                                                              (METRO)
   1286                      Doggett, Llo Austin Bergstrom    City of Austin,     Austin      TX          100000
                                          Spur Urban Trail    Texas                                       00
   1287                      Doggett, Llo Austin Ross Road    City of Austin,     Austin      TX          100000
                                          Substandard         Texas                                       00
                                          Street
   1288         Johnson, Eddie Bernice    Bear Creek Road     City of Glenn       Glenn       TX          332941
                                          Improvement         Heights             Heights                 7
                                          Project
   1289                 Garcia, Sylvia    City of South       City of South       South       TX          126453
                                          Houston--Concrete   Houston             Houston                 0
                                          Sidewalks
   1290                  Crenshaw, Dan    Clay Road Bridge    City of Houston-    Houston     TX          992957
                                          Reconstruction      Houston Public                              7
                                          Project             Works
   1291         Johnson, Eddie Bernice    Dallas East Grand   City of Dallas      Dallas      TX          130000
                                          Avenue (SH-78)                                                  0
                                          Corridor Study &
                                          Infrastructure
                                          Improvements
   1292         Johnson, Eddie Bernice    Dallas Vision       City of Dallas      Dallas      TX          100000
                                          Zero                                                            00
                                          Implementation
   1293                   Veasey, Marc    DART LED Light      Dallas Area Rapid   Dallas      TX          208000
                                          Replacement         Transit (DART)                              0
                                          Project
   1294                  Allred, Colin    DART Mobile Data    Dallas Area Rapid   Dallas      TX          176000
                                          Terminals System    Transit (DART)                              0
                                          Upgrade Project
   1295         Johnson, Eddie Bernice    East Dallas Bus     Dallas Area Rapid   Dallas      TX          891992
                                          and Maintenance     Transit (DART)
                                          Facility
                                          Renovation
                                          Project
   1296                   Carter, John    FM 3349/US 79       Williamson County   Hutto &     TX          100000
                                          Railroad Grade                          Taylor                  00
                                          Separation
                                          Project
   1297                 Sessions, Pete    FM 60 from 2        Texas Department    Caldwell    TX          400000
                                          miles east of SH    of Transportation                           0
                                          36 to .8 miles
                                          west of FM 2039
   1298                 Garcia, Sylvia    Foley Street &      East End District   Houston     TX          100000
                                          Navigation                                                      00
                                          Realignment &
                                          Infrastructure Re-
                                          Use Construction
                                          Phase
   1299                      Green, Al    Fondren Road        Houston Public      Houston     TX          110000
                                          Reconstruction      Works                                       00
                                          with Transit and
                                          Pedestrian
                                          Enhancements
   1300         Johnson, Eddie Bernice    Greater Downtown    City of Dallas      Dallas      TX          160000
                                          Dallas Master                                                   0
                                          Plan
   1301                   Veasey, Marc    Grove Street        Fort Worth          Fort Wort   TX          325000
                                          Intermodal Campus   Transportation                              0
                                          Rehabilitation      Authority (-
                                                              Trinity Metro-)
   1302              Gonzalez, Vicente    High Line Project   City of Pharr       Pharr       TX          940160
   1303                  Vela, Filemon    IBTC                Texas DOT           Donna and   TX          350000
                                                                                  Alamo                   0
   1304                 Sessions, Pete    IH 45 from 1.5      Texas Department    Fairfield   TX          100000
                                          miles south of S    of Transportation                           0
                                          84 to US 84
   1305                  Vela, Filemon    IH 69E              Texas DOT           Lyford      TX          350000
                                                                                  and                     0
                                                                                  Sebastian
   1306                Pfluger, August    Intersection at     Permian Basin MPO   Midland     TX          652000
                                          SH 191 and Yukon                                                0
                                          Rd.
   1307              Escobar, Veronica    John Hayes          County of El Paso   El Paso     TX          120000
                                          Extension                                                       00
   1308                      Green, Al    Meadowglen West     Westchase           Houston     TX          400000
                                          Complete Street     District                                    0
                                          Project
   1309                     Fletcher, Liz Memorial Park       Uptown Houston      Houston     TX          400000
                                          Connector South     District                                    0
   1310                      Green, Al    Missouri City/BW    Metropolitan        Missouri    TX          500000
                                          8 Transit           Transit Authority   City                    0
                                          Facility            of Harris County,
                                                              Houston, Texas
                                                              (METRO)
   1311                Pfluger, August    New Construction    Permian Basin MPO   Odessa      TX          200000
                                          Overpass at Loop                                                0
                                          338 and South US
                                          385
   1312              Gonzalez, Vicente    Pharr               City of Pharr       Pharr       TX          286391
                                          International                                                   8
                                          Bridge Dock
                                          Expansion 1
   1313              Gonzalez, Vicente    Pharr               City of Pharr       Pharr       TX          388000
                                          International                                                   0
                                          Bridge-Commercial
                                          Vehicle Staging
                                          Area
   1314               Arrington, Jodey    Phase 3A--SL 88     Texas Department    Lubbock     TX          118200
                                          from Memphis to     of Transportation                           00
                                          CR 2240 (Ave. U)
                                          (TxDOT Project
                                          Id: 1502-01-029)
   1315               Arrington, Jodey    Phase 3B--SL 88     Texas Department    Lubbock     TX          818000
                                          from SL 88 from     of Transportation                           0
                                          Chicago Avenue to
                                          Memphis Avenue
                                          (TxDOT Project
                                          Id: 1502-01-030)
   1316                Pfluger, August    Reconstruction of   Permian Basin MPO   Odessa      TX          100000
                                          US385 in Odessa                                                 0
   1317                  Allred, Colin    Re-establish        City of Mesquite    Mesquite    TX          100000
                                          Northwest Drive                                                 00
                                          Direct Access to
                                          IH 635
   1318                   Carter, John    RM 2243             Williamson County   Leander     TX          100000
                                          Resiliency                                                      00
                                          Project
   1319                 Garcia, Sylvia    Safe Access to      Greater Northside   Houston     TX          120000
                                          Transit             Management                                  0
                                          Improvements        District
   1320                  Vela, Filemon    SH 550              Cameron County      Brownsvil   TX          379152
                                                              Regional Mobility   le                      9
                                                              Authority (CCRMA)
   1321                 Sessions, Pete    SH 6 from BS 6-R    Texas Department    College     TX          400000
                                          to SH 40            of Transportation   Station                 0
   1322                  Vela, Filemon    South Parallel      Cameron County      San         TX          650000
                                          Corridor Phase                          Benito                  0
                                          III
   1323              Gonzalez, Vicente    South Park and      City of McAllen--   McAllen     TX          470000
                                          Ride Project/       Metro McAllen                               0
                                          Electric Bus
                                          Project Expansion
   1324                 Sessions, Pete    Speegleville        City of Waco        Waco        TX          837900
                                          Road: Bridge at                                                 0
                                          Middle Bosque
                                          River
   1325              Escobar, Veronica    Stanton Street      City of El Paso     El Paso     TX          720000
                                          Bridge ``Good                                                   0
                                          Neighbor
                                          International
                                          Bridge''
                                          Intelligent
                                          Transportation
                                          System
   1326                  Allred, Colin    The I-35            Texas A&M           Dallas      TX          750000
                                          Innovative          Transportation                              0
                                          Corridor Project    Institute
   1327                Pfluger, August    Traffic Signal      Permian Basin MPO   Odessa      TX          248000
                                          Improvements Loop                                               0
                                          338 at W Yukon Rd
   1328                   Veasey, Marc    Trinity Lakes       Fort Worth          Fort        TX          119628
                                          Station--Fort       Transportation      Worth                   00
                                          Worth               Authority
                                          Transportation      (``Trinity
                                          Authority           Metro'')
   1329                    Nehls, Troy    TX SH 36            Texas Department    Fort Bend   TX          200000
                                          Expansion           of Transportation   County                  00
   1330                 Cuellar, Henry    Vallecillo Road     Webb County--City   Laredo      TX          140000
                                          Project             of Laredo                                   00
                                                              Regional Mobility
                                                              Authority
   1331                     Fletcher, Liz Westheimer BOOST    Metropolitan        Houston     TX          160000
                                                              Transit Authority                           00
                                                              of Harris County,
                                                              Houston, Texas
                                                              (METRO)
   1332                 Cloud, Michael    Widen US-77         TxDOT               Victoria    TX          200000
                                                                                                          00
   1333                 Cuellar, Henry    Widening of US-83   Zapata County       Zapata      TX          578014
                                          South of Zapata                                                 8
                                          Townsite Project
   1334                Castro, Joaquin    Zarzamora/Frio      City of San         San         TX          156000
                                          City Road RR        Antonio             Antonio                 00
                                          Overpass
   1335                 Owens, Burgess    1300 East/          Salt Lake City      Salt Lake   UT          200000
                                          Richmond Street     Corporation         City                    0
                                          Reconstruction
   1336                   Moore, Blake    1500 West and       Clinton City        Clinton     UT          120000
                                          1300 North                              City                    0
                                          Roundabout
   1337                 Owens, Burgess    4700 South          West Valley City    West        UT          300000
                                          Project WVC                             Valley                  0
                                                                                  City
   1338                 Owens, Burgess    700 West Project    City of South       South       UT          300000
                                                              Salt Lake           Salt Lake               0
                                                                                  City
   1339                   Moore, Blake    BRT from Kimball    High Valley         Park City   UT          650000
                                          Junction to Park    Transit District                            0
                                          City (S.R. 224)
   1340                   Curtis, John    Colorado River      Grand County        Moab/       UT          100000
                                          Pathway Phase IV                        Grand                   0
                                                                                  County
   1341                   Curtis, John    Fort Street         Draper City         Draper      UT          915294
                                          Reconstruct
   1342                 Owens, Burgess    Frontage Road       Herriman City       Herriman    UT          480000
                                          Bypass                                                          0
   1343                   Curtis, John    FrontRunner         Utah Transit        Provo to    UT          330000
                                          Forward             Authority           Ogden                   0
   1344                 Stewart, Chris    Legacy Highway      City of             Centervil   UT          150000
                                          Frontage Road       Centerville, Utah   le                      0
                                          Project
   1345                 Owens, Burgess    Midvalley           Utah Transit        Murray,     UT          550000
                                          Connector           Authority           West                    0
                                                                                  Valley,
                                                                                  Salt Lake
                                                                                  City
   1346   .............................   Neffs Canyon        City of             Salt Lake   UT          800000
                                          Trailhead           Millcreek, Public   City
                                          Redesign            Works Department
                                                              with USDA Forest
                                                              Service, Salt
                                                              Lake County Parks
                                                              & Rec, Unified
                                                              Fire Authority,
                                                              and Utah Division
                                                              of Forestry,
                                                              Fire, and State
                                                              Lands
                          Curtis, John   ..................  ..................  ..........  ..........   400000
                        Owens, Burgess   ..................  ..................  ..........  ..........   400000
   1347                 Stewart, Chris    North Sugar         Sanpete County      Gunnison    UT          172720
                                          Factory Road                                                    0
   1348                   Moore, Blake    Ogden 25th Street   Utah Transit        Ogden       UT          550000
                                          Rebuild Project     Authority                                   0
   1349                   Moore, Blake    Ogden Canyon        Ogden City          Ogden       UT          400000
                                          Shared Use                                                      0
                                          Pathway Project
   1350                   Moore, Blake    Park City Arts      Park City           Park City   UT          120000
                                          and Culture         Municipal                                   0
                                          District Roadway    Corporation
                                          and Connectivity
                                          Project
   1351                   Curtis, John    Provo Intermodal    Provo City          Provo       UT          100000
                                          Center Pedestrian                                               0
                                          Bridge Project
   1352                   Curtis, John    Safe Route to       Greater Salt Lake   Salt Lake   UT          73345
                                          School Sidewalk     Municipal           County
                                          Project             Services District
   1353                   Curtis, John    Sharp/Tintic        Utah Transit        Springvil   UT          170000
                                          Railroad            Authority           le and                  0
                                          Connection                              Spanish
                                                                                  Fork
   1354                 Stewart, Chris    SR-7 Exit 5         City of St.         St.         UT          500000
                                          Interchange,        George              George                  0
                                          Southern Hills
                                          Bridge and
                                          Roadway
   1355                   Moore, Blake    Young Street        Morgan City         Morgan      UT          154740
                                          Bridge and                              City                    1
                                          Connector Road
                                          Project
   1356          Beyer, Donald S., Jr.    Arlington Ridge     Arlington County    Arlington/  VA          900000
                                          Road Bridge         and City of         Alexandri               0
                                                              Alexandria          a
   1357     Scott, Robert C. ``Bobby''    Berkley Avenue      City of Norfolk     Norfolk     VA          500000
                                          Bridge                                                          0
   1358            McEachin, A. Donald    Chesapeake All-     City of             Chesapeak   VA          160000
                                          Electric Mobile     Chesapeake, VA      e                       0
                                          Command Vehicle
                                          Demonstration
                                          Project
   1359            McEachin, A. Donald    Coalfields          Virginia            Grundy      VA          409750
                                          Expressway--RTE     Coalfields                                  0
                                          121 West Virginia   Expressway
                                          State Line to       Authority
                                          Grundy, VA
   1360            McEachin, A. Donald    Commerce Road       City of Richmond    Richmond    VA          160000
                                          Improvements                                                    0
                                          Project
   1361                               Lur Craney Island       Virginia            Portsmout   VA          311150
                                          Access Road         Department of       h                       0
                                                              Transportation
   1362     Scott, Robert C. ``Bobby''    Electric            City of             Chesapeak   VA          160000
                                          Emergency           Chesapeake          e                       0
                                          Response Vehicles
   1363            McEachin, A. Donald    Fall Line Trail--   City of Richmond    Richmond    VA          150000
                                          Downtown Core                                                   0
                                          Enhancements
   1364                               Lur HRT Busne G.        Transportation      Virginia    VA          237700
                                          Replacement         District            Beach                   0
                                                              Commission of
                                                              Hampton Roads dba
                                                              Hampton Roads
                                                              Transit
   1365      Spanberger, Abigail Davis    I-64 at Oilville    Goochland County    Goochland   VA          343600
                                          Road (Rte. 617)                         County                  0
                                          Interchange
   1366            Connolly, Gerald E.    I-66                Fairfax County      Fairfax     VA          400000
                                          Transportation      Government                                  0
                                          Alternatives
   1367            McEachin, A. Donald    I-81 Northbound     Virginia            Marion      VA          111600
                                          Truck Climbing      Department of                               00
                                          Lane--Mile Marker   Transportation
                                          39.5                (VDOT)
   1368      Spanberger, Abigail Davis    Intersection        County of Louisa    Troy        VA          508270
                                          Safety                                                          0
                                          Improvements at
                                          the Intersection
                                          of Route 15 and
                                          Route 250
   1369      Spanberger, Abigail Davis    Intersection        County of Louisa    Louisa      VA          205000
                                          Safety                                                          0
                                          Improvements at
                                          the Intersection
                                          of Route 22 and
                                          Route 780
   1370            McEachin, A. Donald    Interstate 95 and   Chesterfield        Chesterfi   VA          320000
                                          Willis Road         County              eld                     0
                                          Interchange
                                          Improvements
                                          Project
   1371            McEachin, A. Donald    Jahnke Road:        City of Richmond    Richmond    VA          160000
                                          Blakemore Road to                                               0
                                          Forest Hill
                                          Avenue
   1372          Beyer, Donald S., Jr.    Long Bridge         Virginia            Arlington   VA          400000
                                                              Department of                               0
                                                              Rail and Public
                                                              Transportation
   1373               Wexton, Jennifer    Mathis Corridor     City of Manassas    Manassas    VA          700000
                                          Revitalization                                                  0
                                          Project
   1374          Beyer, Donald S., Jr.    Multimodal          City of Falls       Falls       VA          200000
                                          Transportation      Church              Church                  0
                                          Infrastructure
                                          Improvements
   1375                               Lur Nimmo Parkway       City of Virginia    Virginia    VA          500000
                                          Phase VII-B         Beach               Beach                   0
   1376            Connolly, Gerald E.    Old Bridge Road     Prince William      Woodbridg   VA          400000
                                          at Gordon           County Government   e                       0
                                          Boulevard
                                          Interchange/
                                          Intersection
                                          Improvements
   1377                               Lur Parallele G.        Chesapeake Bay      Northampt   VA          311150
                                          Chesapeake Tunnel   Bridge and Tunnel   on County               0
                                          Project             District
   1378     Scott, Robert C. ``Bobby''    Peninsula Transit   Transportation      Newport     VA          970207
                                          Signal Priority     District            News and                1
                                          Improvements        Commission of       Hampton
                                                              Hampton Roads
                                                              (Hampton Roads
                                                              Transit)
   1379      Spanberger, Abigail Davis    Red Lane Road/Rt.   Powhatan County     Powhatan    VA          314566
                                          60 Continuous                                                   3
                                          Green T
   1380          Beyer, Donald S., Jr.    Richmond Highway    Fairfax County      Fairfax     VA          500000
                                          Bus Rapid Transit   Government          County                  0
   1381            McEachin, A. Donald    Roundabout at the   Prince George       Prince      VA          354080
                                          intersection of     County              George                  6
                                          Middle Road (Rt.                        County
                                          646) and
                                          Jefferson Park
                                          Road (Rt. 630)
   1382            McEachin, A. Donald    Route 31 Bicycle    Virginia            Surry       VA          637900
                                          Accommodations      Department of                               0
                                          Project             Transportation,
                                                              and Surry County
   1383               Wexton, Jennifer    Route 7/Route 690   Loudoun County,     Purcellvi   VA          100000
                                          Interchange         Virginia            lle                     00
   1384      Spanberger, Abigail Davis    Rt. 208             Virginia            Frederick   VA          115100
                                          (Courthouse Road)   Department of       sburg                   0
                                          and Hood Drive      Transportation
                                          Intersection
                                          Improvement (UPC
                                          110987)
   1385            Connolly, Gerald E.    Silver Line         Fairfax County      Fairfax     VA          105000
                                          Support             Government                                  00
                                          Transportation
                                          Alternatives
   1386     Scott, Robert C. ``Bobby''    The Birthplace of   City of Newport     Newport     VA          316000
                                          America Trail       News                News                    0
   1387                               Lur Tidewater Drive     City of Norfolk     Norfolk     VA          640000
                                          Reconstruction                                                  0
   1388      Spanberger, Abigail Davis    Transit             Chesterfield        Chesterfi   VA          468880
                                          Enhancement and     County              eld                     0
                                          Expansion
   1389            Plaskett, Stacey E.    St. Croix/St.       Virgin Islands      Christian   VI          150000
                                          Thomas Ferry        Department of       sted                    00
                                                              Public Works
   1390                   Welch, Peter    Barre City-Barre    Vermont Agency of   Barre       VT          475000
                                          Town VT Route 14 /  Transportation                              0
                                           Quarry Street
                                          and Quarry Hill
                                          Road Intersection
                                          Reconstruction
   1391                   Welch, Peter    Essex Junction      Vermont Agency of   Essex       VT          540000
                                          Crescent            Transportation                              0
                                          Connector
   1392                   Welch, Peter    Railyard            Vermont Agency of   Burlingto   VT          225000
                                          Enterprise          Transportation,     n                       0
                                          Project (Design &   City of
                                          Permitting Phase)   Burlington--Depar
                                                              tment of Public
                                                              Works
   1393                   Welch, Peter    Town of Hartford    Vermont Agency of   Hartford    VT          760000
                                          (Quechee) U.S 4     Transportation                              0
                                          Bridge
                                          Rehabilitation
   1394        McMorris Rodgers, Cathy    Bigelow Gulch and   City of Spokane     Spokane     WA          265000
                                          Sullivan Road       Valley and          Valley                  0
                                          Corridor            Spokane County
   1395        McMorris Rodgers, Cathy    City of Waitsburg   City of Waitsburg   Waitsburg   WA          350000
                                          Highway 12
                                          Preston Bridge
                                          Replacement
   1396         Herrera Beutler, Jaime    Columbia Heights    City of Longview    Longview    WA          550000
                                          Road                                                            0
                                          Reconstruction
   1397        McMorris Rodgers, Cathy    Ferry County        Ferry County        Curlew      WA          179700
                                          Kettle River Road                                               0
                                          Rehabilitation
   1398         Herrera Beutler, Jaime    I-5/SR 503          Washington State    Woodland    WA          117600
                                          Interchange Area    Department of                               00
                                          Improvements        Transportation
   1399         Herrera Beutler, Jaime    Industrial Rail     Port of Longview    Longview    WA          274000
                                          Corridor                                                        0
                                          Expansion (IRCE)
   1400        McMorris Rodgers, Cathy    Palouse River       Washington State    Colfax      WA          600000
                                          Bridge              Department of                               0
                                          Replacement         Transportation
   1401        McMorris Rodgers, Cathy    Spokane Airport     Spokane Airport     Spokane     WA          674900
                                          Spotted Road        Board                                       0
                                          Project
   1402                  Newhouse, Dan    SR 410/Rock Creek   Washington State    Naches      WA          356200
                                          Vic--Chronic        Department of                               0
                                          Environmental       Transportation
                                          Deficiency
   1403        McMorris Rodgers, Cathy    SW Mojonnier Road   City of College     College     WA          245357
                                          Reconstruction      Place               Place                   4
   1404                  Newhouse, Dan    US 12 Naches Vic    Washington State    Naches      WA          145200
                                          to Yakima Vic--     Department of                               0
                                          Intersection        Transportation
                                          Safety
                                          Improvements
   1405                  Newhouse, Dan    US 97/Jones Rd--    Washington State    Wapato      WA          446400
                                          Intersection        Department of                               0
                                          Improvements        Transportation
   1406                  Newhouse, Dan    US Highway 12       Port of Walla       Touchet     WA          596593
                                          Phase 8 Final       Walla                                       1
                                          Design and Right
                                          of Way
                                          Acquisition
   1407                  Newhouse, Dan    Yakima County,      Yakima County, WA   Yakima      WA          400000
                                          East-West                                                       0
                                          Corridor Phase II
                                          Project.
   1408                               Lar 169th Street        City of Arlington   Arlington   WA          390000
                                          Connecting                                                      0
                                          Segment
   1409                 DelBene, Suzan    20th Street NE /    City of Lake        Lake        WA          200000
                                          Main Street         Stevens             Stevens                 0
                                          Improvements
   1410                    Smith, Adam    42nd Ave S Bridge   City of Tukwila     Tukwila     WA          127000
                                          Replacement                                                     0
                                          Project
   1411                  Kilmer, Derek    Aberdeen US 12      City of Aberdeen    Aberdeen    WA          208000
                                          Highway-Rail                                                    0
                                          Separation
                                          Project
   1412                 DelBene, Suzan    Access and          Town of             Town of     WA          129186
                                          Circulation Roads   Darrington          Darringto               9
                                          for the                                 n
                                          Darrington Wood
                                          Innovation Center
   1413                    Smith, Adam    Bellevue Transit    City of Bellevue    Bellevue    WA          100000
                                          Center Safety and                                               0
                                          Connectivity
                                          Project
   1414                 DelBene, Suzan    City of Carnation   City of Carnation   Carnation   WA          240000
                                          Larson / 40th                                                   0
                                          Street Bypass
                                          Project
   1415                 DelBene, Suzan    City of Kenmore     City of Kenmore     Kenmore     WA          122400
                                          Fish Passable                                                   0
                                          Culvert
                                          Replacements
   1416            Strickland, Marilyn    College Street      City of Lacey       Lacey       WA          600000
                                          Corridor                                                        0
                                          Improvements
                                          Phase III
   1417                   Schrier, Kim    Columbia River      City of Wenatchee   Wenatchee   WA          860000
                                          Pedestrian Bridge                                               0
                                          Extension, Apple
                                          Capital Loop
                                          Trail
   1418            Strickland, Marilyn    E. 64th Street      City of Tacoma      Tacoma      WA          560000
                                          Phase II                                                        0
   1419               Jayapal, Pramila    East Marginal Way   Seattle             Seattle     WA          234000
                                          Corridor            Department of                               0
                                          Improvements--Pha   Transportation
                                          se 1                (SDOT)
   1420                    Smith, Adam    Eastrail            King County         Bellevue    WA          168000
                                          Wilburton                                                       0
                                          Critical Crossing
   1421                    Smith, Adam    Georgetown to       Seattle Dept of     Seattle     WA          180000
                                          South Park          Transportation                              0
                                          Connection          (SDOT)
   1422                  Kilmer, Derek    Gorst Area          Washington State    Bremerton   WA          800000
                                          Resiliency and      Department of                               0
                                          Redundancy          Transportation
                                          Alternatives
                                          Study
   1423                               Lar Guemes Island       Skagit County       Anacortes   WA          800000
                                          Ferry Replacement                                               0
                                          Project
   1424               Jayapal, Pramila    I-5/Lake            Washington State    Seattle     WA          500000
                                          Washington Ship     Department of                               0
                                          Canal Bridge        Transportation
   1425                   Schrier, Kim    Lea Hill Corridor   City of Auburn      Aubrun      WA          444620
                                          112th Ave SE &                                                  0
                                          105th Pl SE
                                          Intersection
                                          Improvements
   1426                  Kilmer, Derek    Links to            City of Tacoma      Tacoma      WA          200000
                                          Opportunity                                                     0
                                          Streetscape
                                          Project
   1427               Jayapal, Pramila    Lyon Creek          City of Lake        Lake        WA          310000
                                          Culvert             Forest Park         Forest                  0
                                          Replacement                             Park
                                          Project
   1428                    Smith, Adam    Meeker Complete     Kent, WA            Kent        WA          250000
                                          Street/Safe                                                     0
                                          Routes to School
                                          Project
   1429                    Smith, Adam    MLK Jr. Way S       City of Seattle     Seattle     WA          750000
                                          Safety and          Department of
                                          Accessibility       Transportation
                                          Improvements
                                          Project
   1430                 DelBene, Suzan    NE 124th St /       City of Kirkland    Kirkland    WA          200000
                                          124th Ave NE                                                    0
                                          Pedestrian Bridge
                                          (Totem Lake Non-
                                          Motorized Bridge)
   1431                   Schrier, Kim    Orting HWY 162      City of Orting      Oting       WA          600000
                                          Pedestrian Bridge                                               0
   1432                    Smith, Adam    Puyallup Avenue     City of Tacoma      Tacoma      WA          200000
                                          Transit/Complete                                                0
                                          Street
                                          Improvements
   1433                    Smith, Adam    Rainier Avenue      City of Renton      Renton      WA          200000
                                          South Corridor                                                  0
                                          Improvements--Pha
                                          se 4A
   1434                 DelBene, Suzan    Redmond Central     City of Redmond     Redmond     WA          300000
                                          Connector Phase                                                 0
                                          III
   1435                 DelBene, Suzan    Roundabout on US-   City of Sultan      Sultan      WA          900000
                                          2 and Main Street
   1436                  Kilmer, Derek    Safe Routes to      City of Tacoma      Tacoma      WA          100000
                                          School                                                          0
                                          Improvements:
                                          Whitman
                                          Elementary and
                                          Edison Elementary
                                          Schools
   1437            Strickland, Marilyn    Sheffield Trail     City of Fife        Fife        WA          275000
                                          Improvement                                                     0
                                          Project
   1438                    Smith, Adam    South Campus        King County Metro   Tukwila     WA          300000
                                          Interim Base                                                    0
                                          Electrification
   1439            Strickland, Marilyn    South Tacoma Way,   City of Lakewood    Lakewood    WA          240000
                                          88th Street S to                                                0
                                          80th Street Court
                                          SW.
   1440                               Lar South Whidbey--     Port of South       Clinton     WA          150000
                                          Clinton Area        Whidbey                                     0
                                          Transportation
                                          Infrastructure
                                          Improvements
   1441                    Smith, Adam    SR 99/NB Duwamish   Washington State    Seattle     WA          200000
                                          River Bridge--      Dept of                                     0
                                          Grid Deck           Transportation
                                          Replacement
   1442                 DelBene, Suzan    SR522 Corridor      WSDOT               Maltby      WA          400000
                                          Improvement                                                     0
   1443                               Lar Town to Zylstra     San Juan County     Friday      WA          528000
                                          Lake Multi-Modal    Public Works        Harbor                  0
                                          Trail               Department
   1444                    Smith, Adam    Tukwila             Sound Transit       Tukwila     WA          200000
                                          International                                                   0
                                          Boulevard Bus
                                          Rapid Transit
                                          Station
   1445                  Kilmer, Derek    US 12/Heron St      Washington State    Aberdeen    WA          203816
                                          Bridge Tier 1--     Department of                               6
                                          Bridge              Transportation
                                          Rehabilitation
   1446   .............................   US-2 WB Trestle     WSDOT               Lake        WA          168000
                                                                                  Stevens,                0
                                                                                  Everett
                        DelBene, Suzan   ..................  ..................  ..........  ..........   840000
                                      Lar..................  ..................  ..........  ..........   840000
   1447               Jayapal, Pramila    Washington State    Washington State    Seattle     WA          420000
                                          Ferries Seattle     Department of                               0
                                          Ferry Terminal      Transportation
                                          Shoreside
                                          Electrification
   1448               Jayapal, Pramila    West Seattle and    Sound Transit       Seattle     WA          536000
                                          Ballard Link                                                    0
                                          Extensions
                                          (WSBLE)
   1449            Strickland, Marilyn    X Street            City of Tumwater    Tumwater    WA          325000
                                          Roundabout                                                      0
   1450                    Pocan, Mark    Atwood Ave. (Fair   City of Madison     Madison     WI          627500
                                          Oaks Ave. to                                                    0
                                          Cottage Grove
                                          Rd.)
   1451                    Moore, Gwen    BeerLine Bike and   City of Milwaukee   Milwaukee   WI          120000
                                          Pedestrian Trail    Department of                               0
                                                              Public Works
   1452                    Pocan, Mark    CTH CC from Ash     Dane County         Oregon      WI          200000
                                          Street to CTH D                                                 0
   1453                    Pocan, Mark    CTH CV from         Dane County         Madison     WI          200000
                                          Government Road                                                 0
                                          to USH 51
   1454                    Pocan, Mark    CTH M/Century       Dane County         Middleton   WI          200000
                                          Avenue Bridge (B-                                               0
                                          13-0046) over
                                          Pheasant Branch
                                          Replacement
                                          Including
                                          Approaches and
                                          Branch Street
                                          Intersection
   1455                    Pocan, Mark    CTH P from CTH PD   Dane County         Klevenvil   WI          200000
                                          to CTH S                                le                      0
   1456                    Moore, Gwen    I-94 Screening      Wisconsin           Milwaukee   WI          200000
                                          Wall at Woods       Department of                               0
                                          National Cemetery   Transportation
   1457                    Moore, Gwen    Milwaukee Country   Milwaukee County    Wauwatosa   WI          400000
                                          Transit Bus         Department of                               0
                                          Purchase            Transportation
   1458                    Moore, Gwen    Milwaukee County    Milwaukee County    Wauwatosa   WI          200000
                                          Transit Security    Department of                               0
                                          Initiative          Transportation
   1459                    Moore, Gwen    Reconstruction of   City of Glendale    Glendale    WI          450000
                                          Silver Spring                                                   0
                                          Drive
   1460                    Pocan, Mark    Reedsburg--Barabo   Wisconsin           Reedsburg   WI          125000
                                          o, Preston Avenue   Department of
                                          to STH 23 Const./   Transportation
                                          Mill & Overlay,
                                          State 3R
   1461                    Pocan, Mark    Reedsburg--Wiscon   Wisconsin           Reedsburg   WI          160000
                                          sin Dells STH 136   Department of                               0
                                          Intersection        Transportation
                                          Const./
                                          Intersection
                                          Improvement/RAB
                                          Safety
   1462                    Moore, Gwen    South               City of St.         St.         WI          700000
                                          Kinnickinnic        Francis             Francis
                                          Avenue              Department of
                                          Resurfacing         Public Works
                                          Project
   1463                    Pocan, Mark    US 14 (Wisconsin    Wisconsin           Arena       WI          200000
                                          River to Oak        Department of                               0
                                          Street) between     Transportation
                                          Spring Green &
                                          Madison
   1464                    Moore, Gwen    Vliet Street        City of Milwaukee   Milwaukee   WI          420000
                                          Resurfacing         Department of                               0
                                          Project             Public Works
   1465                  Miller, Carol    Hal Greer           City of             Huntingto   WV          640000
                                          Boulevard           Huntington, WV      n                       0
                                          Corridor Upgrade
   1466                McKinley, David    Michael Angiulli    West Virginia DOT   North       WV          208000
                                          Memorial Bridge                         View                    0
   1467                McKinley, David    New Cumberland--    West Virginia DOT   New         WV          320000
                                          WV 2                                    Cumberlan               0
                                                                                  d
   1468                  Miller, Carol    Princeton           West Virginia       Princeton   WV          360000
                                          Overhead Bridge     Department of                               0
                                                              Transportation
   1469                  Miller, Carol    Rock Creek          West Virginia       Rock        WV          100000
                                          Interchange--New    Department of       Creek                   00
                                          Access Road         Transportation
   1470                McKinley, David    Route 93 Scherr     West Virginia DOT   Scherr      WV          312000
                                          Overpass                                                        0
   1471                McKinley, David    Van Voorhis Road    West Virginia DOT   Morgantow   WV          680000
                                                                                  n                       0
   1472                McKinley, David    WVU PRT Passenger   West Virginia       Morgantow   WV          480000
                                          Stations            University          n                       0
                                          Rehabilitation      Personal Rapid
                                          Project             Transit System
   1473                    Graves, Sam    Excelsior Springs   City of Excelsior   Excelsior   MO          944470
                                          Safe Streets and    Springs             Springs                 6
                                          Sidewalks
----------------------------------------------------------------------------------------------------------------

                       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 Chairman 
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 finds that H.R. 3684 preempts the 
following state, local, or tribal laws.
    Specifically, Section 9553 establishes a 10-minute time 
limit for freight trains blocking public grade crossings 
enforced by the Federal Railroad Administration. This new 
federal provision provides all parties certainty by preempting 
state, local, and tribal provisions addressing blocked 
crossings in accordance with the railroad safety preemption 
provisions in 49 U.S.C.  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 1636 of the bill establishes the Roadway Worker 
Protection Working Group. Consisting of at least one 
representative of each of the following categories: state 
departments of transportation; local governments or 
metropolitan planning organizations; temporary traffic control 
organizations; roadway user organizations; vehicle and 
commercial vehicle manufacturers; labor organizations; traffic 
safety organizations; motor carrier and independent owner-
operator organizations; law enforcement and first responder 
organizations; autonomous vehicle technology companies; and any 
other stakeholders that the Secretary determines appropriate. 
Not later than 2 years after the date on which it is 
established, the Working Group shall submit to the Secretary a 
report that includes the findings of the review required under 
this section and recommendations on safety countermeasures, 
technologies, programs and policies for the Department of 
Transportation to improve roadway work zone safety and 
practices. The Working Group terminates 6 months after 
completion of a report to Congress.
    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 2 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 2 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.
    Section 6008 of the bill establishes the Transportation 
Equity Advisory Committee. The Secretary shall appoint an odd 
number of members of not less than nine but not more than 15 
members with balanced representation from academia, community 
groups, industry and business, non-governmental organizations, 
state and local governments, federally recognized Tribal 
Governments, advocacy organizations, and indigenous groups. 
Each member of the committee shall serve a 2-year term with not 
more than two consecutive term reappointments, but may continue 
service until a replacement is appointed. The committee shall 
meet not less than two times each year with not more than 9 
months between meetings.
    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 1403); Dig Once Funding 
Task Force (section 1603); 21st Century Workforce Task Force 
(section 1609); Transportation Construction Materials Working 
Group (section 1613); Motorcyclist Advisory Council (section 
3013); Truck Leasing Task Force (section 4305); Women of 
Trucking Advisory Board (section 4309); Task Force to Promote 
American Vehicle Competitiveness (5310); 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. L  Short title.
    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''.
Sec. 2. LTable of contents.
    This section provides for the table of contents of the 
bill.
Sec. 3. LReferences.
    This section provides that any references to ``this Act'' 
applies only to the provisions of this bill within that 
division.

  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2022

Sec. 101. LDefinitions.
    Provides definitions for Division A.
Sec. 102. LExtension of Federal Surface Transportation programs.
    Extends Fiscal Year (FY) 2021 enacted levels for Federal-
aid highway, transit, and safety programs through FY22. 
Provides additional administrative expenses out of the Highway 
Trust Fund (HTF) for the Federal Highway Administration (FHWA) 
and the National Highway Traffic Safety Administration (NHTSA) 
and out of the general fund for the Federal Transit 
Administration (FTA). Increases the authorization for the 
Capital Investment Grant (CIG) program. Adjusts the INFRA 
multimodal cap to cover FY22. Ensures that Disadvantaged 
Business Enterprise requirements apply to amounts made 
available for highway and transit programs for FY22.
Sec. 103. LAdditional amounts for the Federal-aid highway program and 
        member designated projects.
    Authorizes an additional $14.7 billion in contract 
authority from the highway account above FY21 levels, provides 
an equal amount of obligation authority to be distributed with 
these funds, and distributes these amounts according to 
existing formulas. Funds are distributed to states, Tribes, 
Puerto Rico, territories, and Federal Land Management Agencies 
for expenditure according to the broadest eligibilities under 
each of those programs.
    Of amounts distributed to states, territories, and Puerto 
Rico, section 107 designates amounts for obligation on member 
designated projects in accordance with the table in section 
107(c). Allows for transit projects to be transferred to FTA 
for administration consistent with FTA requirements. Amounts 
designated for member designated projects are available until 
expended, unless repurposed.
    If funds cannot be obligated within a timely manner for a 
member designated project, subsection (i)(2) provides a 
mechanism to repurpose the contract authority and associated 
obligation limitation for projects eligible under title 23 or 
chapter 53 of title 49. Redistributed funds must be expended 
within the same geographic area of the member designated 
project, or on a project predominantly serving such area. 
Repurposed funds are available for obligation for three fiscal 
years after the Fiscal Year in which they are repurposed.
Sec. 104. LFederal Transit Administration.
    Authorizes $1 billion from the mass transit account to 
bring additional transit stations into compliance with the 
Americans with Disabilities Act. Authorizes $1 billion from the 
mass transit account to increase transit options, including 
through startup operating expense assistance, in unserved and 
underserved areas. Authorizes such sums as may be necessary 
from the general fund to increase the Federal share for key 
projects that demonstrate the need for additional Federal 
investment.
Sec. 105. LNational 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.
Sec. 106. LFederal motor carrier safety administration.
    Provides an additional $209.9 million in contract authority 
in FY21 for FMCSA motor carrier safety programs.
Sec. 107. LMember designated project authorizations.
    Authorizes projects designated by Members of Congress for 
allocation from amounts made available under section 103. 
Ensures that the Secretary has sufficient flexibility to carry 
out the projects consistent with the intent of Congress.

                   DIVISION B--SURFACE TRANSPORTATION

Sec. 1001. LApplicability of division.
    Delays the applicability and effective date of Division B 
until October 1, 2022, except for sections 1105, 1107, 1305, 
2104(c)(1), 2104(d), 2106, 2112, 2204(1)(A), 2204(1)(A), 2305, 
2307, and 2902(2).

                     TITLE I--FEDERAL AID HIGHWAYS

           Subtitle A--Authorizations and Program Conditions

Sec. 1101. LAuthorization of appropriations.
    Authorizes $271.7 billion in contract authority for FY23 
through FY26 for the Federal-aid Highway Program.
    Reauthorizes U.S. DOT's Disadvantaged Business Enterprise 
(DBE) program. Updates the findings based on committee review 
of a number of disparity studies on file with the committee, as 
well as a committee hearing titled ``Driving Equity: The U.S. 
Department of Transportation's Disadvantaged Business 
Enterprise Program'' held on September 23, 2020. This combined 
information demonstrated the continued serious and significant 
obstacles to success for minority-and women-owned businesses 
caused by race and gender discrimination in the federally 
assisted surface transportation market and related markets 
across the United States. Revises the DBE size standard by 
removing the surface-transportation specific business size 
standards. Includes a Sense of Congress that contractors 
utilizing disadvantaged business enterprises should ensure that 
the percentage of the contract promised to the DBE is 
fulfilled.
Sec. 1102. LObligation limitation.
    Provides obligation authority to match the contract 
authority authorized for FY23 through FY26. 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. LDefinitions 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. LApportionment. [23 USC 104]
    Authorizes administrative expenses for the FHWA for FY23 
through FY26. 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), the Carbon 
Pollution Reduction Program, and the Clean Corridors Program.
Sec. 1105. LAdditional deposits into Highway Trust Fund.
    Extends a provision to allow any additional sums deposited 
into the HTF 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. LTransparency. [23 USC 104(g); 106]
    Revises the reporting requirements in 23 USC 104(g) to 
ensure 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 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 provide public notice and congressional 
reporting for any activities conducted under this authority. 
Directs the Government Accountability Office (GAO) to assess 
the consistency of determinations made by FHWA division offices 
and make recommendations based on the findings of this 
assessment. Directs FHWA to strengthen the risk-based 
stewardship and oversight program, based on the findings of a 
Department of Transportation Office of the Inspector General 
report.\1\
---------------------------------------------------------------------------
    \1\Gaps in FHWA's Guidance and the Florida Division's Process for 
Risk-Based Project Involvement May Limit Their Effectiveness. U.S. DOT 
Office of Inspector General Report No. ST2020035: Published May 12, 
2020.
---------------------------------------------------------------------------
    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.\2\ 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 
followup. In addition, some projects received awards even 
though they did not address all of the 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.
---------------------------------------------------------------------------
    \2\Actions Needed to Improve Consistency and Transparency in DOT's 
Application Evaluations. GAO-19-541: Published: Jun 26, 2019. Publicly 
Released: 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. LComplete 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.
    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 the American Association of State Highway and 
Transportation Officials, 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 highway 
projects off the NHS.
Sec. 1108. LInnovative project delivery Federal share. [23 USC 120]
    Increases the Federal share for projects that use 
innovative materials, recycled content, processes that reduce 
greenhouse gas emissions and other pollution, innovative bridge 
construction technologies, advanced digital construction 
systems, and work zone safety contingency funds.
    Allowing states to increase the Federal share can 
accelerate the adoption of effective and innovative project 
delivery methods. These changes will encourage states to adopt 
new practices that have shown promise to increase safety in 
work zones, improve environmental outcomes, and accelerate 
project delivery. For example, the use of advanced digital 
construction management systems throughout the construction 
lifecycle has been identified as one way to reduce project 
costs and improve asset management practices once construction 
is complete.
Sec. 1109. LTransferability 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 the 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, which is consistent with the treatment of funds 
under the existing railway-highway grade crossing set aside 
established under 23 USC 130. Restricts the transferability of 
funds apportioned for the Clean Corridors Program.
    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. LTolling. [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 transportation equity 
impacts; impacts on freight movement; and economic impacts on 
travelers. 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 
and seeks to facilitate interoperable electronic tolling.
    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 (DOT) carry 
out any existing projects under 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 the Intermodal Surface Transportation 
Efficiency Act (ISTEA) of 1991, 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 existing Surface 
Transportation Block Grant Program, and it has been FHWA's 
longstanding interpretation that CMAQ 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.
Sec. 1111. LHOV facilities. [23 USC 166]
    Ensures that only low emission and hybrid single occupancy 
vehicles can utilize HOV lanes. Allows emergency vehicles and 
blood transport vehicles to use HOV lanes when responding to an 
emergency. 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. LBuy America. [23 USC 313]
    Adds ``construction materials'' to the materials covered by 
Buy America and requires FHWA to issue a rule implementing this 
requirement that allows FHWA to increase domestic content for 
construction materials over time based on availability. Directs 
FHWA to carry out research on domestic availability and 
identify suppliers of Buy America compliant materials to 
facilitate compliance with these requirements and support 
domestic jobs.
    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 5 years, including the 
manufactured products waiver, to determine whether those 
waivers remain necessary. This reevaluation must take into 
consideration the research on domestic availability and supply 
chains described above. Codifies longstanding congressional 
reporting requirements. Clarifies that the reevaluation does 
not apply to FHWA policy or regulations regarding iron and 
steel.
    Clarifies that the application of Buy America requirements 
within the scope of a NEPA determination under 23 USC 313(g) 
also applies to an applicable environmental process, review, or 
finding authorized under the NEPA substitution authority 
pursuant to 23 USC 330.
Sec. 1113. LFederal-aid highway project requirements.
    Ensures that prevailing wage requirements in 23 USC 113 
apply to any funds made available for highway construction 
under title I of this Act or title 23, USC. Non-highway or 
multimodal projects that are awarded funding under sections 
1301, 1302, 1304, or 1306 are required to follow the relevant 
labor requirements of the applicable mode, as described in 
those sections. Makes conforming edits to clarify the treatment 
of projects under the STP, NHFP, and Jason's Law.
Sec. 1114. LState assumption of responsibility for categorical 
        exclusions. [23 USC 326]
    Increases the allowable agreement term under 23 USC 326 
from three to 5 years for a state that has assumed the 
responsibility under that section for at least 10 years.
Sec. 1115. LSurface transportation project delivery program written 
        agreements. [23 USC 327]
    Increases the allowable agreement under 23 USC 327 from 
five 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 the 
Equal Access to Justice Act, and clarifies that funds under 
title 23 can be used to pay for state costs incurred carrying 
out this section.
Sec. 1116. LCorrosion prevention for bridges.
    Requires states to implement corrosion management 
requirements 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 and 
utilize certified coating applicators on covered bridge 
projects.
Sec. 1117. LSense 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 its anticipated life.
Sec. 1118. LAccommodation of certain facilities in right-of-way.
    Streamlines the requirements for accommodation of certain 
beneficial facilities, such as renewable energy generation and 
electrical transmission facilities in the right-of-way of a 
Federal-aid highway.
Sec. 1119. LFederal grants for pedestrian and bike safety improvements.
    Grants an allowance for a public authority in a National 
Scenic Area to receive Federal funding for pedestrian and bike 
safety improvements on that facility.

           Subtitle B--Programmatic Infrastructure Investment

Sec. 1201. LNational 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. The 
term ``new capacity'' applies to through travel lanes and does 
not include essential safety or other operational improvements, 
such as adding turn or merge lanes, straightening curves, 
improving shoulders, or widening the facility to better 
accommodate people walking and biking.
    Adds eligibilities for protective features, as defined in 
23 USC 101. This term provides eligibility for resilience 
investments that are eligible under the PDM program for 
facilities eligible under NHPP, such as improving culverts and 
other flood management strategies, integrating of natural 
infrastructure into roadway design undergrounding, and 
undergrounding public utilities while undertaking a 
transportation project. In addition, provides explicit 
eligibility for evacuation routes, projects to reduce carbon 
pollution eligible under the CPR program, and wildlife 
crossings. Adds eligibility for the removal, retrofit, or 
repurposing of a highway on the NHS that creates a barrier to 
community connectivity to improve access to multiple modes of 
transportation. It is the sense of the committee that providing 
such cross-program eligibility increases the flexibility of the 
Federal-aid Highway Program and facilitates project delivery, 
and FHWA should continue to harmonize eligibilities across 
programs, consistent with Federal law.
    Requires states to consider climate change when preparing 
their transportation asset management plans. Many states are 
already doing this work and realize cost savings over the life 
cycle of their transportation assets, but FHWA can provide 
technical assistance and facilitate the adoption of best 
practices to ensure the resilience and cost effective 
maintenance of the transportation system.
Sec. 1202. LIncreasing 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.
    Requires projects that encroach within the limits of a 
flood-prone area to be designed and constructed to be resilient 
to current and projected changes in flooding, taking into 
consideration anticipated changes due to climate change and 
planned land use changes.
Sec. 1203. LEmergency relief. [23 USC 125]
    Clarifies that cost-justified resilience improvements are 
eligible for Emergency Relief (ER) funding. For ER projects to 
permanently repair or reconstruct a ``repeatedly damaged 
facility'' identified in the state's transportation asset 
management plan, a recipient of ER funding must consider and 
incorporate any cost justified resilience improvements to 
reduce the likelihood of future damage to that facility. 
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 for appropriation a ``Pre-Disaster Hazard 
Mitigation Pilot Program'' that, on an annual basis, 
distributes any appropriated funding in an amount up to 5 
percent of the total amount of funds made available to each 
eligible entity under the ER program. Funds distributed under 
this program must be used to increase the resilience of 
transportation facilities under the jurisdiction of the 
recipient.
    Directs FHWA to update the ER manual to incorporate the 
resilience requirements established under this section, develop 
best practices for incorporating resilience in transportation 
projects, and provide this information to states and division 
offices.
Sec. 1204. LRailway 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 and removes the statutory cap 
on these contributions. Expands eligibilities to projects to 
mitigate lost access from a crossing closure and strategies to 
prevent or reduce trespasser fatalities and injuries along 
railroad rights-of-way. Clarifies that replacement of 
functionally obsolete protective devices is eligible under the 
program. 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 GAO 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. LSurface transportation program. [23 USC 133]
    Adds eligibilities for resilience improvements, natural 
infrastructure, reducing carbon pollution, bus frequency and 
ridership enhancement projects, wildlife crossings, and 
hovercraft and hovercraft terminal facilities. Allows for up to 
15 percent of STP funds suballocated to rural areas and small 
cities to be expended on local roads and rural minor collectors 
(such as farm to market roads).
    Increases the percentage of STP funds that are suballocated 
based on population from 55 percent under current law 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. Requires that the state 
DOTs provide metropolitan planning areas representing 
transportation management areas an estimate of the amount of 
obligation authority that is expected to be made available to 
that area each fiscal year.
    Authorizes a joint technical assistance program for areas 
with a population of 200,000 and above to ensure efficient 
project delivery and facilitate compliance with applicable 
state and Federal project requirements. Such technical 
assistance can include employing a state, regional, or local 
government liaison to facilitate enhanced collaboration between 
state and local governments in the administration of highway 
projects. Requires states to provide metropolitan planning 
organizations with an estimate of the amount of obligation 
limitation that will be provided in each area at the beginning 
of each fiscal year, to make it easier to local governments to 
plan 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. Consistent with existing law, 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 established under section 1207 of 
this Act.
Sec. 1206. LTransportation 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 can be obligated in 
a timely manner, consistent with the requirement under STP.
    Lists the longstanding eligibilities under the program in 
23 USC 133(h), and adds vulnerable road user safety planning as 
an explicit eligibility. Adds metropolitan planning 
organizations that serve urbanized areas with a population of 
200,000 or fewer as eligible recipients. Allows state DOTs to 
carry out TAP projects at the request of any other eligible 
applicant. Ensures that the competitive process carried out 
under this section includes consideration for low impact, 
transit dependent, and high need areas.
    Allows a state to set aside up to 5 percent of the 
program's funds to assist project sponsors with improving their 
applications and expediting project delivery. Allows the 
Secretary to take such action as may be necessary to facilitate 
efficient and timely delivery of small and low impact projects 
carried out within the existing built environment. Strengthens 
the reporting and tracking of projects carried out under this 
section.
    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 for a TAP project on a multiple-project or 
programmatic basis.
Sec. 1207. LBridge 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 4-year period from FY23 
through FY26.
    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 toward the minimum bridge 
investment requirement.
    Requires the Secretary to annually issue a bridge 
investment report detailing state-by-state expenditure of 
Federal funding on bridge projects.
Sec. 1208. LConstruction 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. LHighway 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. Directs MPOs to also establish a vulnerable road user 
safety assessment and provides funding to MPOs that represent 
high-risk areas to address safety hazards if the MPO has 
established a vulnerable road user safety assessment. These 
assessments will also identify projects that are eligible for 
funding under the safe streets for all set aside established 
under section 1218 (23 USC 148(m)).
    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. Makes vision 
zero planning under section 1601 an eligible HSIP expense.
    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 2-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. LCongestion mitigation and air quality improvement program. 
        [23 USC 149]
    Adds eligibility for shared micromobility projects, 
including bikeshare, shared scooters, and docking stations. 
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. LElectric 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, 
accessible to all members of the public, and network-capable. 
Directs U.S. DOT to establish guidance to provide for the 
interoperability of EV charging stations, in consultation with 
the Secretary of Energy. Such standards include training of 
technicians, network connectivity, and physical and payment 
interoperability. Allows EV charging in the interstate right of 
way, including rest areas and park and rides.
Sec. 1212. LNational highway freight program. [23 USC 167]
    Revises the program's goals to include further 
consideration of environmental and equity impacts. Allows 
states to designate additional critical rural freight corridor 
and critical urban freight corridor 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. LCarbon 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 bus vehicles and facilities 
and 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 (EPA), 
will periodically issue a report detailing which types of 
projects eligible under this section prove most effective in 
reducing carbon pollution.
Sec. 1214. LRecreational 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. Clarifies that ``motorized recreation'' does 
not include electric bicycles and aligns the definition of e-
bikes with 23 USC 217 to reduce potential conflicts on trails 
between motorized and non-motorized users. Ensures that 
volunteers and non-profits can continue to carry out 
recreational trails projects, consistent with existing law.
Sec. 1215. LSafe 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 TAP and HSIP. 
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. LBicycle transportation and pedestrian walkways. [23 USC 
        217]
    Ensures that the state pedestrian and bicycle coordinator 
is a full-time position. Aligns the definition of electric 
bicycle with other existing standards, subject to state and 
local safety regulations. Defines ``micromobility device'' and 
allows these devices to use bike infrastructure, consistent 
with state and local safety regulations.
Sec. 1217. LNoise barriers.
    Permits the use of Federal-aid highway funds to construct 
certain Type II noise barriers along Federal-aid highways and 
makes the planning, design, or construction of such noise 
barriers eligible for surface transportation program funding.
Sec. 1218. LSafe streets for all. [23 USC 148(m)]
    Section 1104 provides an additional $500 million per year 
for HSIP, which is set aside under this section for activities 
to construct complete streets and other safety initiatives for 
vulnerable road users. Suballocates these funds to urbanized 
areas, mid-size cities, and rural areas to ensure that all 
communities see the safety benefits. Eligible projects include 
complete streets projects, safe routes to schools 
infrastructure and non-infrastructure projects, development of 
context-sensitive design standards under 23 USC 109, vision 
zero planning and plan implementation, any activity in 
furtherance of a vulnerable road user safety assessment, and 
any other activities eligible under HSIP that the Secretary 
determines provides for the safe and adequate accommodation of 
vulnerable road users.
Sec. 1219. LYouth service and conservation corps. [23 USC 212]
    Codifies section 1524 of MAP-21, encouraging the use of 
certified youth service and conservation corps on certain low-
cost projects.

                 Subtitle C--Project-Level Investments

Sec. 1301. LProjects of national and regional significance. [23 USC 
        117]
    Establishes a Projects of National and Regional 
Significance (PNRS) program, which provides more than $12 
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. Includes the 
authority for the Secretary to award large grants over multiple 
years. 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. The Secretary is also directed to 
consider 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; whether 
the project spans two states; whether the project serves as a 
connection between two metropolitan areas over 500,000; and 
whether the project improves transportation in a multistate 
corridor. The committee understands that multistate corridor 
organizations or coalitions may be engaged in transportation 
improvement projects that span multiple states.
    Sets aside $4 billion for bridge investments, providing a 
dedicated, multi-year source of funding for some of the largest 
and most complex bridge projects in the country.
Sec. 1302. LCommunity 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 
(defined as communities with a population of less than 75,000) 
and a minimum of 25 percent of program funds for projects in 
communities between 75,000 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 to 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. LClean corridors program. [23 USC 151]
    Establishes a $1 billion per year clean corridors program 
to provide formula funding to states for electric vehicle 
charging and hydrogen fueling infrastructure. Funds are 
eligible for use on alternative fuel corridors designated under 
151(a) or by a state or group of states. Notwithstanding 23 USC 
118, funds are available until expended but subject to 
repurposing if they are not obligated expeditiously. Each year, 
the Secretary shall set aside $100m to make discretionary 
grants to fill any identified gaps in designated electric 
vehicle charging or hydrogen fueling corridors, including in 
rural areas.
    Requires the states to establish a plan for the expenditure 
of funds. If a state fails to make an adequate plan, or the 
Secretary determines that the state has not taken necessary 
action to carry out its plan, the Secretary may withdraw the 
funds from the state and award them, on a competitive basis, to 
local governments within that state for eligible projects. If 
the Secretary determines that withdrawn funds cannot be awarded 
within the state, the Secretary may redistribute those funds to 
all other states.
    Directs the Secretary, in coordination with the Secretary 
of Energy, to develop guidance to facilitate the strategic 
deployment of charging and fueling infrastructure along 
designated alternative fuel corridors. In developing this 
guidance, the Secretary shall consider various factors, 
including: the distance between stations, connections to the 
grid or fuel distribution infrastructure, plans regarding load 
management and the use of renewable energy to power the 
charging stations or produce the hydrogen gas, the long term 
operation and maintenance of charging and fueling 
infrastructure funded under this section, and the specific 
needs of rural areas. In addition, the guidance should seek to 
foster an enhanced, coordinated, public-private or private 
investment in charging and fueling infrastructure.
    In developing the guidance, the Secretary shall consider 
the proximity of proposed infrastructure to existing off 
highway businesses, including travel centers, fuel retails, and 
other small businesses. The Secretary should also consider the 
availability of onsite amenities at a proposed site to improve 
the user experience, such as restrooms or food facilities. 
Further, the Secretary should consider consumer protection and 
pricing transparency in developing the guidance. It is the 
intent of the committee to facilitate competitive market 
pricing in publicly accessible charging. The committee believes 
that robust private sector involvement is necessary to maximize 
investment in and widespread availability of electric vehicle 
charging and hydrogen fueling infrastructure.
    Requires the Secretary to publish additional guidance to 
provide for the interoperability EV charging infrastructure, 
similar to the guidance established under section 1211.
    Directs the Secretary of Transportation to definite 
national electric vehicle charging and hydrogen fueling freight 
corridors that identify the near-and long-term need for and 
availability of charging and fueling infrastructure to support 
goods movement along the National Highway System, the National 
Highway Freight Network, and other goods movement corridors.
Sec. 1304. LCommunity 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 bus vehicles and 
facilities and 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. Requires the Secretary to set aside not 
less than 10 percent of the amounts made available to carry 
this section for projects located in rural areas (defined as 
areas with a population of less than 75,000).
Sec. 1305. LMetro performance program.
    Provides $1 billion 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. LGridlock reduction grant program.
    Establishes a $500 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. LRebuild rural bridges program.
    Provides $1 billion over the life of the bill for 
discretionary grants to improve the safety and state of good 
repair of bridges in rural communities. Funds may be used to 
inspect, replace, rehabilitate, or preserve an off-system 
bridge, a bridge on Tribal land, or a bridge in poor condition 
located in a rural area. The Secretary may provide grants for a 
single bridge or a bundle of bridges.
    Provides a $10 million set-aside for bridge investments in 
colonias, which are border communities that lack a potable 
water supply; adequate sewage systems; and decent, safe, and 
sanitary housing.
Sec. 1308. LParking for commercial motor vehicles.
    Provides $1 billion over the life of the bill for a grant 
program to address the shortage of parking for commercial motor 
vehicles to improve the safety of commercial motor vehicle 
drivers.
Sec. 1309. LActive connected transportation grant program.
    Provides $1 billion over the life of the bill for a grant 
program to support infrastructure investment in connected 
active transportation networks. Requires 30 percent of the 
funds to develop active transportation networks to connect 
points within a community, and 30 percent of the funds to be 
used for active transportation spines to connect communities to 
one another, including nationally and regionally significant 
greenway trails. 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.
Sec. 1310. LWildlife crossings program.
    Authorizes $100 million per year for projects designed to 
reduce wildlife-vehicle collisions and reduce habitat 
connectivity for terrestrial and aquatic species. Providing 
funding to improve habitat connectivity for aquatic species 
helps several states in meeting their treaty obligations to 
Indian tribes and Tribal organizations.
    According to a FHWA report entitled ``Wildlife-Vehicle 
Collision Reduction Study,'' there are more than 1,000,000 
wildlife-vehicle collisions every year; wildlife-vehicle 
collisions present a danger to human safety and wildlife 
survival and represent a persistent concern that results in 
tens of thousands of serious injuries and hundreds of 
fatalities on highways; and the total annual cost associated 
with wildlife-vehicle collisions has been estimated to be 
$8,388,000,000; and wildlife-vehicle collisions are a major 
threat to the survival of species.
Sec. 1311. LReconnecting neighborhoods program.
    Provides $3 billion over the life of the bill on a 
reconnecting neighborhoods discretionary grant program. The 
program is focused on remediating economically disadvantaged 
and underserved communities and emphasizes projects that 
provide for inclusive economic development.
    The program allows the Secretary to award planning grants 
and provide technical assistance to eligible entities to 
analyze neighborhood barriers and identify candidates for 
remediation, repurposing, or removal, if appropriate. Eligible 
public entities may partner with non-profits or universities 
(including historically black colleges and universities) to 
carry out activities under this section. To ensure that any 
subsequent redevelopment of the area is equitable and 
inclusive, planning grants under this section may be used to 
establish a community advisory board or a land trust. Planning 
grants may also be used for the following activities related to 
a connectivity project: assessing impacts on the transportation 
network, considering safety benefits or impacts, facilitating 
public engagement activities, establishing anti-displacement 
and equitable neighborhood revitalization strategies, and 
assessing any necessary land use or zoning changes to maximize 
the benefits of the project. Planning grants may not exceed $2 
million per award.
    The program also provides funding for capital construction 
grants, with a minimum project cost of $5 million, to remove or 
repurpose eligible facilities that are underutilized or create 
a barrier to community connectivity. In assessing an 
application for a capital construction grant, the Secretary 
shall consider various factors, including: the degree to which 
the project will improve mobility and access; the 
appropriateness of removing, retrofitting, or remediating a 
facility based on current traffic patterns and the ability of 
the proposed facility and the regional transportation network 
to absorb transportation demand; any impacts on freight 
movement; how the costs of the project compare to the benefits; 
any opportunities for inclusive economic development and reuse 
of underutilized land; and consistency of the project with 
existing transportation plans and performance measures. In 
order to ensure that the project benefits all members of the 
community in which a project is located, the eligible entity 
must demonstrate that jurisdiction in which the eligible 
facility is located must have an anti-displacement policy or a 
community land trust in place. Prioritizes applications that 
have a community benefits agreement in place, have demonstrated 
a plan for employing local residents, and projects that have a 
demonstrated plan to improve transportation system access, 
including access for multiple modes of transportation.
Sec. 1312. LApprenticeship utilization.
    Requires grants under section 1301, 1302, and 1311 to meet 
apprenticeship utilization requirements.

        Subtitle D--Planning, Performance Management, and Asset 
                               Management

Sec. 1401. LMetropolitan 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. LStatewide 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 4 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. LNational 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 work 
force training, and financial institutions). Considers the 
level of access for various modes of travel. Once the access 
measure has been established, requires TIPs and STIPs to 
demonstrate an improvement in transportation system access as 
described in the measure. Delays implementation of these 
planning requirements until the rule establishing the measure 
has been finalized.
    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. LTransportation 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. LFiscal 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 4 years, rather than the first 10 years of the 
plan. The 4-year window is consistent with other metropolitan 
and performance planning requirements.

           Subtitle E--Federal Lands, Tribes, and Territories

Sec. 1501. LTerritorial and Puerto Rico highway program. [23 USC 165]
    Provides $340 million per year for Puerto Rico from the 
HTF, bringing it up to a level of investment more consistent 
with that of a state. Provides flexibility for Puerto Rico to 
flex up to 50 percent of the amount under each of its 
allocations for any other purpose, mirroring the 
transferability provision for states under 23 USC 126.
    Significantly increases the amount of funds for the 
Territorial and Puerto Rico highway program, to an amount that 
approximates 1/5 of 1 percent of the total Federal-aid highway 
apportionment in each fiscal year. This is consistent with the 
percentage of Federal-aid primary system funds provided to the 
territories under ISTEA. Since the territorial allocation was 
untethered from the state apportionments in MAP-21, the share 
of funding to the territories has decreased significantly, 
while the needs of territorial highway infrastructure have 
grown, including needs due to extreme weather and sea level 
rise brought on by climate change.
    Allows territories to use funds made available under title 
23 to be expended for certain access and development roads.
    Section 1606 directs the Secretary to conduct a highway 
formula modernization report. This report will consider the 
needs-based share of funding that is necessary for the 
territories. It will also determine how to incorporate Puerto 
Rico into the state apportionments.
Sec. 1502. LTribal 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 HTF. 
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. LTribal High Priority Projects program.
    Provides $50 million annually out of the HTF 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. LFederal lands transportation program. [23 USC 203]
    Under section 1101, the bill significantly increases 
funding levels for the Federal Lands Transportation Program, 
providing $555 million per year out of the HTF for the program. 
Provides specified allocations for the Bureau of Land 
Management, the Bureau of Reclamation, the United States Army 
Corps of Engineers, and independent Federal agencies.
    The bill also provides an additional $345 million per year 
out of the HTF 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 Federal lands 
transportation facility 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. LFederal 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 HTF 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. LOffice 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. LAlternative contracting methods. [23 USC 201]
    Allows tribes and Federal land management agencies to use 
the same alternative contracting methods available to states.
Sec. 1508. LDivestiture 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. LStudy on Federal funding available to Indian Tribes.
    Requires the Secretary to report to Congress annually 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. LGAO study.
    Directs GAO to study the deferred maintenance backlog on 
U.S. Forest Service roads.
Sec. 1511. LFederal lands access program.
    Authorizes certain beautification and economic development 
activities in gateway communities as eligible activities under 
the Federal Lands Access Program.

                   Subtitle F--Additional Provisions

Sec. 1601. LVision 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, and authorizes these funds for projects in 
furtherance of a vision zero plan. 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. LSpeed 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. LDig Once for 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. LStormwater 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. 1605. LPedestrian 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. 1606. LHighway 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.
    Directs the Secretary to consider the needs-based share of 
funding that is necessary for the territories and determine how 
to incorporate Puerto Rico into the state apportionments.
Sec. 1607. LConsolidation 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. 1608. LStudent 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. 1609. LTask 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 work force needs and ways to increase 
representation of women and minorities in surface 
transportation careers.
Sec. 1610. LOn-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 work force development plans 
to identify and address work force gaps and underrepresentation 
of women and minorities and to establish annual work force 
development compacts with state work force development boards 
and other appropriate agencies.
Sec. 1611. LAppalachian development highway system funding flexibility.
    Allows Appalachian states flexibility to use funding 
provided under the Appalachian Development Highway System 
(ADHS) program for other transportation purposes.
Sec. 1612. LTransportation 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 work force.
Sec. 1613. LWorking 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. 1614. LNumbering 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. 1615. LToll credits.
    Directs the U.S. DOT to analyze the impact of the toll 
credits on transportation expenditures and the viability of 
establishing a toll credit exchange.
Sec. 1616. LTransportation 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. 1617. LNationwide 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. 1618. LClimate 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. 1619. LNatural gas, electric battery, and zero emission vehicles.
    Expands the existing 2,000 pound additional weight 
allowance for natural gas vehicles to electric battery and zero 
emission vehicles.
Sec. 1620. LGuidance on evacuation routes.
    Requires FHWA, in consultation with the Federal Emergency 
Management Agency (FEMA), to revise existing guidance or issue 
new guidance, as appropriate, regarding the design, 
construction, maintenance, and repair of evacuation routes. 
Directs FHWA, in coordination with FEMA, to study the 
vulnerability of evacuation routes to the impacts of extreme 
weather, including flooding and storm surge. The Secretary of 
Transportation shall prepare a report to Congress on the 
results of the study.
Sec. 1621. LHigh priority corridors on National Highway System.
    Designates certain high priority corridors and future 
interstates.
Sec. 1622. LGuidance on inundated and submerged roads.
    Requires FHWA, in coordination with FEMA, to review 
guidance issued pursuant to section 1228 of the Disaster 
Recovery Reform Act of 2018 (P.L. 115-254) and issue guidance 
regarding the repair, restoration, and replacement of inundated 
or submerged roads.
Sec. 1623. LDry bulk weight tolerance.
    Authorizes a 10 percent axle weight tolerance for 
commercial vehicles transporting dry bulk goods.
Sec. 1624. LHighway use tax evasion projects.
    Reauthorizes the highway use tax evasion program.
Sec. 1625. LLabor standards.
    Reiterates the policy of the United States, consistent with 
the International Labor Organization Convention and legislation 
dating to back to the Tariff Act of 1930, that the Federal 
Government shall not purchase items produced through the use of 
child labor.
Sec. 1626. LClimate resiliency report by GAO.
    Directs GAO to evaluate the economic benefits, including 
avoided impacts on property and life, of the use of building 
codes and standards to support resilience to climate impacts.
Sec. 1627. LDesignation of John R. Lewis Voting Rights Highway.
    Designates U.S. Route 80 in Alabama as the ``John R. Lewis 
Voting Rights Highway.''
Sec. 1628. LGAO study on capital needs of public ferries.
    Direct the GAO to study the capital investment needs of 
public ferries and how federally funded programs are meeting 
such needs. Requires GAO to examine the feasibility of 
including public ferries in the annual Department of 
Transportation Conditions & Performance report.
Sec. 1629. LUse of modeling and simulation technology.
    States the sense of Congress that the DOT should utilize, 
to the fullest extent practicable, modeling and simulation 
technology to analyze highway and public transportation 
projects.
Sec. 1630. LGAO study on per-mile user fee equity.
    Directs the GAO to study the equity impacts of per-mile 
user fee systems, including their impact on underserved 
communities, access to jobs and services, effects on both urban 
and rural areas, and impacts on passenger and commercial 
vehicles.
Sec. 1631. LGAO review of equity considerations at State DOTs.
    Directs the GAO to review the extent to which state DOTs 
consider the needs of underserved populations in the 
transportation planning, project selection, and project 
delivery processes.
Sec. 1632. LStudy on effectiveness of suicide prevention nets and 
        barriers for structures other than bridges.
    Directs GAO to study the effectiveness of suicide nets and 
barriers.
Sec. 1633. LTransportation planning activities.
    Authorizes the Secretary to take all reasonable efforts to 
provide assistance for an Olympic event, a Paralympic event, or 
a Special Olympics event, including planning activities, 
technical assistance, and project reviews and approvals.
Sec. 1634. LBetter Utilizing Infrastructure for Lasting Development of 
        Veterans Businesses Act.
    Establishes a veteran-owned enterprise program to support 
veteran owned and controlled small business concerns ability to 
secure work on highway and transit projects funded under this 
Act.
Sec. 1635. LVehicle weight limitations.
    Expands state authority to issue 120-day commercial vehicle 
weight limit waivers to include emergencies under the Stafford 
Act.
Sec. 1636. LRoadway worker protection working group.
    Directs the Secretary to establish a working group to 
review the methods, practices, and technologies necessary to 
protect workers in roadway work zones.
Sec. 1637. LGAO study on nature-based solutions for coastal highway 
        resilience.
    Directs GAO to conduct a study on the utilization of 
nature-based solutions for improving the resilience of coastal 
highways and bridges.
Sec. 1638. LProhibition on the use of civil penalties for campaign 
        finance.
    Provides that any amounts assessed on civil penalty funds 
collected pursuant to Section 5309 of the INVEST in America Act 
or section 20704, 20171, 5 20174, or 80502 of title 49, United 
States Code may not be used in support of a congressional 
campaign.
Sec. 1639. LRepeal of pilot program.
    Repeals an obsolete pilot program.
Sec. 1640. LTechnical corrections.
    Makes technical corrections to title 23, USC.

               Subtitle A--Federal Transit Administration

Sec. 2101. LAuthorizations. [49 USC 5338]
    Authorizes $73.5 billion in contract authority for FY23 
through FY26 for the Federal transit program. Creates a new set 
aside for administrative costs for Buy America. Ensures that 
funds provided may not be used to provide a contract, grant, or 
loan to a state-owned or--related enterprise.
Sec. 2102. LChapter 53 definitions. [49 USC 5302]
    Adds definitions for ``resilience'' and ``assault on a 
transit worker.'' Includes bike share and micromobility under 
the definition for associated transit improvements. Amends the 
definition of a transit capital project to include the 
employment of cybersecurity experts. Amends the FTA Joint 
Development Program to remove the fair share revenue 
requirement for transit-oriented development projects that 
include at least 50 percent affordable housing. This is a 
higher threshold than other programs because FTA provides 
direct funding for Joint Development.
Sec. 2103. LGeneral 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. Prohibits the consideration of 
demographics as a reason for the denial of reasonable access. 
Requires a report to Congress on instances in which access is 
denied. Restores the ability to incorporate art into transit 
facilities. Creates a uniform and customer-friendly ADA 
complaint process.
Sec. 2104. LMiscellaneous 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 and on cybersecurity and 
mitigating the threat of ransomware. Requires that 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 in 
the provision of operating assistance. Allows the use of 
transportation development credits as local match for certain 
programs. Clarifies the definition of ``incidental use'' under 
the 5310 program.
Sec. 2105. LPolicies and purposes. [49 USC 5301]
    Adds reductions in carbon emissions and improvements to 
resiliency to the purpose of the Federal transit program.
Sec. 2106. LFiscal years 2022 and 2023 formulas.
    Ensures that transit data from Fiscal Year 2020 and 2021 
and impacted by COVID-19 will not be used in the calculation of 
transit formula apportionments.
Sec. 2107. LMetropolitan 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. LStatewide 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 4 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. LObligation limitation.
    Provides obligation authority to match the contract 
authority authorized for FY23 through FY26.
Sec. 2110. LPublic transportation emergency relief funds. [49 USC 5328]
    Increases the deadline for construction under the emergency 
relief program to 6 years.
Sec. 2111. LCertification 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 (P.L. 115-232).
Sec. 2112. LHold harmless.
    Permits Capital Investment Grant project sponsors to use 
ridership and service data and projections collected prior to 
the onset of the COVID-19 pandemic.
Sec. 2113. LStudy on accessibility of public transportation.
    Requires the Secretary to submit to Congress a report on 
public transportation access challenges.

              Subtitle B--mproving Frequency and Ridership

Sec. 2201. LMulti-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. LIncentivizing 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 
operations. This formula change is phased in, providing time to 
collect the data and improve frequency on the highest ridership 
routes.
Sec. 2203. LMobility innovation. [49 USC 5316]
    Creates a new set of Federal rules for mobility on demand 
services and mobility as a service. Transit agencies are 
allowed to shift urban, rural, and seniors and individuals with 
disabilities funding 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 third-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. LFormula 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 59 percent 
in the first year of the bill, with $10 million for competitive 
grants and $45 million for Tribal formula funds. Provides 
flexibility to fund continuous intercity bus service across 
state lines, requires public documentation of state 
certifications to waive the 15 percent of funds for intercity 
service, and ensures that service provides meaningful 
connections to the national intercity bus network. Clarifies 
that volunteer hours satisfy local cost share requirements for 
social service trips.
Sec. 2205. LOne-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 
bank. The grant will cover reporting costs and costs associated 
with the extra stops.

         Subtitle C--Buy America and Other Procurement Reforms

Sec. 2301. LBuy 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. 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. LBus procurement streamlining. [49 USC 5323(x)]
    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. LBus testing facility. [49 USC 5318]
    Provides a deadline to the Secretary 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.
Sec. 2304. LRepayment requirement.
    Requires repayment of certain COVID-19 relief transit funds 
if those funds were used to purchase rolling stock from a 
state-owned enterprise.
Sec. 2305. LDefinition of urbanized areas following a major disaster. 
        [49 USC 5323(y)]
    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. LSpecial rule for certain rolling stock procurements. [49 
        USC 5323(u)]
    Creates new conditions on Federal financial assistance 
pertaining to the purchase of restricted rolling stock. Amends 
section 5323(u) of chapter 53 of title 49 by removing an 
exemption for transit agencies who have previously purchased 
restricted rail rolling stock.
Sec. 2307. LSpare ratio waiver. [49 USC 5323(z)]
    Waives the FTA spare ratio for rolling stock for a period 
of 2 years to provide transit agencies with flexibility to 
recover from the COVID-19 pandemic.

                     Subtitle D--Bus Grant Reforms

Sec. 2401. LFormula grants for buses. [49 USC 5339(a)]
    Provides $5 billion for FY23 through FY26. Increases the 
national distribution baseline for states and territories.
Sec. 2402. LBus facilities and fleet expansion competitive grants. [49 
        USC 5339(b)]
    Provides $1.6 billion for FY23 through FY26. 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. LZero emission bus grants. [49 USC 5339(c)]
    Provides $4.085 billion for FY23 through FY26, an average 
annual increase of 1,500 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. Provides dedicated funds for states 
and transit agencies with accelerated fleet conversion plans; 
rural areas; low-income communities; and areas in Clean Air Act 
nonattainment or maintenance areas. Requires an agency plan for 
long term zero-emission bus needs and a fleet transition study.
Sec. 2404. LRestoration 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.
Sec. 2405. LWorkforce development training grants. [49 USC 5339(e)]
    Authorizes 12.5 percent of the funds made available to 
carry out section 5339(c) for work force training related to 
the maintenance and operation of zero-emission vehicles.

                   Subtitle E--Supporting All Riders

Sec. 2501. LLow-income urban formula funds. [49 USC 5336(j)]
    Doubles the urban formula low-income set aside from three 
to 6 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. LRural 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. LDemonstration 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.
Sec. 2504. LEquity in transit service planning.
    Requires the Secretary to issue best practices to aid 
transit agencies in defining a ``major service change'' for 
purposes of compliance with Title VI of the Civil Rights Act. 
Following the publication of these best practices, initiates a 
Transit Cooperative Research Program survey of the methods that 
transit agencies use for defining a major service change and 
the extent of adoption of the best practices.
Sec. 2505. LGAO study on fare-free transit.
    Requires a GAO report on the provision of fare-free transit 
service in the U.S., including an assessment of the prevalence 
of fare-free transit and its potential impacts.

     Subtitle F--Supporting Frontline Workers and Passenger Safety

Sec. 2601. LNational 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. LPublic 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 work force 
training program on safety and de-escalation.
Sec. 2603. LInnovation 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. Transit agencies considering transit automated 
vehicles and mobility on demand service are required to develop 
a work force 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. LSafety performance measures and set asides. [49 USC 5329]
    The safety committee must establish performance measures 
for the risk reduction program using a 3-year rolling average 
of the data in the National Transit Data base. 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, including modifications to rolling stock 
and de-escalation training.
Sec. 2605. LU.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. LTechnical assistance and workforce development. [49 USC 
        5314]
    Provides technical assistance to rural and Tribal public 
transit focused on innovation and capacity-building.
Sec. 2607. LResilient public transportation study.
    Requires the Secretary to conduct a study on resilience 
planning for public transportation and shared mobility.

               Subtitle G--Transit-Supportive Communities

Sec. 2701. LTransit-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 projects in 
proximity to a new fixed guideway transit line, 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. LProperty 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. LAffordable 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. LMobility 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. LTransit 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. LFederal 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. LTechnical corrections. [49 USC 5312]
    Replaces research and deployment of low-and no-emission 
buses with zero-emission buses. Fixes several clerical errors.
Sec. 2805. LNational 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.
Sec. 2806. LPublic transportation innovation. [49 USC 5312]
    Supports competitive selection in the transit innovation 
program.
Sec. 2807. LTransit vehicle battery recycling and reuse.
    Requires the Secretary to issue regulations allowing for 
the recycling, reuse, repurposing, sale, or lease of transit 
vehicle batteries or battery components that are past their 
useful life for the purpose of transit vehicle propulsion but 
still retain utility for other purposes. Requires such 
regulations to enhance the reuse and recycling of batteries and 
component critical minerals, reduce costs for recipients, and 
encourage innovative second life uses including energy storage 
and wayside charging.

               Subtitle I--Other Program Reauthorizations

Sec. 2901. LReauthorization 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. LOther apportionments. [49 USC 5336]
    Provides $245 million for FY23 through FY26 for passenger 
ferries. Increases the Small Transit Intensive Cities (STIC) 
program set-aside to 3 percent and provides a 3-year phaseout 
for prior STIC recipients who no longer qualify under a new 
census designation.

                        Subtitle J--Streamlining

Sec. 2911. LFixed 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 compared to the 
Federal approval process for a new highway project. 
Modifications to the CIG program include:
     LSmall 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.
     LCore Capacity: Adds station expansion eligibility 
to core capacity projects. Allows these projects to start 
planning additional capacity 10 years before the corridor 
reaches capacity.
     LEngineering phase: Increases to 3 years the time 
projects have to move into the engineering phase.
     LProject 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.
     LFederal 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.
     LContingency Funds: For projects that seek the 
higher cost share, FTA will now provide 50 percent of the 
contingency amount required.
     LProject 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.
     LTransparency: 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.
     LCongressional Notification: Reduces the number of 
days before a project can be signed after congressional 
notification to accelerate project approval.
     LInterrelated 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.
Sec. 2912. LRural 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. LDisposition 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. LInnovative coordinated access and mobility. [49 USC 5310]
    Expands an existing program designed to streamline the 
coordination of public transportation services and non-
emergency medical transportation. Creates startup 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. LPassenger ferry grants.
    Authorizes the Secretary to make grants for zero-or 
reduced-emission passenger ferries.
Sec. 2916. LEvaluation of benefits and Federal investment.
    Amends the Capital Investment Grant program criteria to 
include projects that improve transportation options to 
economically distressed areas.
Sec. 2917. LBest practices for the application of National 
        Environmental Policy Act of 1969 to federally funded bus 
        shelters.
    Provides for the issuance of best practices related to the 
application of NEPA to federally funded bus shelter projects.
Sec. 2918. LCapital investment grant streamlining.
    Repeals the Expedited Project Delivery pilot program. 
Grandfathers in projects currently participating in the 
program.
Sec. 2919. LDisposition of rolling stock to improve air quality goals.
    Modifies the process for disposition of rolling stock in 
certain non-attainment areas.

                   TITLE III--HIGHWAY TRAFFIC SAFETY

Sec. 3001. LAuthorization of appropriations.
    Authorizes $4.4 billion in contract authority for FY23 
through FY26 for National Highway Traffic Safety Administration 
(NHTSA) programs.
Sec. 3002. LHighway safety programs. [23 USC 402]
    Creates new state highway safety program eligibilities to: 
educate the public on the dangers of pediatric vehicular 
hyperthermia; purchase and distribute child restraints to low-
income families; 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. LFair and equitable traffic safety enforcement.
    Directs the Secretary to make grants to an eligible non-
profit institution of higher education to establish and operate 
a national center of excellence for fair and equitable traffic 
safety enforcement (Center). The purpose of the Center will be 
to promote fair and equitable traffic safety enforcement with 
the goal of reducing traffic fatalities and injuries. The 
Center's duties will include researching and identifying best 
practices for states to promote fair and equitable traffic 
safety enforcement programs and to provide technical assistance 
to states participating in the Sec. 1906 Program to Prohibit 
Racial Profiling. In carrying out its duties, the Center will 
be required to consult with relevant stakeholders including 
civil rights organizations, traffic safety advocacy groups, law 
enforcement representatives, state highway safety offices, and 
others. The Secretary will be required to report to Congress on 
the Center's progress toward meeting its goals. Authorizes $35 
million per year in contract authority for the Center for FY23 
through FY26.
Sec. 3004. LHighway 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 
and increases funding for the program from $2.5 million to $3.5 
million per year. Removes the set-aside for the in-vehicle 
alcohol detection device research program.
Sec. 3005. LGrant program to prohibit racial profiling. [23 USC 403(j)]
    Reauthorizes and codifies a grant program, commonly 
referred to as the Sec. 1906 Program, encouraging states to 
prohibit the use of racial profiling by law enforcement during 
traffic safety stops and to collect statewide data on motor 
vehicle stops for analysis. Adds eligible uses of funds and 
increases funding to $15 million each year. Removes the 
prohibition on receiving grant funds for more than 2 years for 
states who partially participate in the program but creates 
incentivize for states to increase their participation and 
rewards states who are fully participating.
Sec. 3006. LNational safety campaigns. [23 USC 404]
    Requires the Secretary to carry out one high-visibility 
enforcement campaign each year dedicated to: reducing drunk 
driving; reducing drunk and drug-impaired driving; and 
increasing seatbelt use. Improves visibility and education 
efforts of high-visibility enforcement campaigns through 
coordinated use of dynamic highway messaging signs. Adds 
requirement for NHTSA to carry out national traffic safety 
public awareness campaigns to increase the proper use of 
seatbelts and child safety restraints; reduce instances of 
distracted driving; and reduce instances of drivers speeding.
Sec. 3007. LNational 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. 
Also expands eligibility under the state traffic safety 
information system improvements grant to improve data sharing 
and interoperability between states' driver record systems. 
Creates new grant program which encourages 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. LMinimum penalties for repeat offenders for driving while 
        intoxicated or driving under the influence. [23 USC 164]
    Adds flexibility to the 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. LNational priority safety program grant eligibility.
    Requires the Secretary to list all deficiencies that made a 
state ineligible for a grant under the Sec. 405 program to help 
states identify and address remaining issues.
Sec. 3010. LImplicit bias research and training grants.
    Establishes a discretionary grant program available to 
institutions of higher education for research, development, 
technology transfer, and training activities in the operation 
or establishment of an implicit bias training program as it 
relates to racial profiling at traffic stops. Authorizes $20 
million annually to be appropriated for the program out of the 
general fund.
Sec. 3011. LStop motorcycle checkpoint funding.
    Amends Sec. 4007 of the FAST Act, which prohibits the use 
of funds under title 23 from being used to establish 
checkpoints targeting motorcyclists, to include a prohibition 
on stopping motorcyclists based on their clothing or mode of 
transportation.
Sec. 3012. LElectronic driver's license.
    Allows state-provided electronic driver licenses to qualify 
as acceptable identification under the REAL ID Act.
Sec. 3013. LMotorcyclist Advisory Council.
    Establishes a motorcyclist advisory council to advise the 
Secretary on issues of concern to motorcyclist regarding 
barrier designs, roadway designs and maintenance, and 
implementation of intelligent transportation system 
technologies. Requires the Secretary to accept or reject 
recommendations from the council and to report to Congress on 
the Secretary's determinations.
Sec. 3014. LReport on marijuana research.
    Requires the Secretary, in consultation with the 
Departments of Justice and Health and Human Services, to 
develop recommendations on ways to improve access to marijuana 
samples and strains for scientific researchers studying 
impairment while driving under the influence of marijuana. 
Requires the Secretary to report the recommendations to 
Congress within 2 years of enactment of this Act.
Sec. 3015. LComptroller General study on national DUI reporting.
    Directs GAO to study states' reporting of alcohol-impaired 
driving arrest and citation results into Federal data bases and 
to make recommendations for improving data reporting to the 
Secretary.
Sec. 3016. LReport on impaired driving.
    Requires the Secretary, in consultation with other relevant 
Federal agencies and traffic safety stakeholders, to research 
and report to Congress on barriers states encounter in 
submitting drug and alcohol toxicology results to the FARS data 
base. Also requires the Secretary to provide recommendations on 
how to address such barriers and steps the Secretary will take 
to address them.
Sec. 3017. LImpaired driving countermeasure. [23 USC 405(d)]
    Expresses the sense of Congress that more should be done to 
address multi-substance impaired driving. Expands eligible uses 
of funds under NHTSA's national priority safety program to 
better combat impaired driving.

                     TITLE IV--MOTOR CARRIER SAFETY

       Subtitle A--Motor Carrier Safety Grants, Operations, and 
                                Programs

Sec. 4101. LMotor carrier safety grants. [49 USC 31104]
    Authorizes $2.2 billion in contract authority for FY23 
through FY26 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 (CDL) Program Implementation grants; and $4.3 
million for Commercial Motor Vehicle Operators grants. 
Authorizes the Administrator to carry out training for state 
enforcement personnel through grants with one or more not-for-
profit organizations. Extends the grant period of performance 
by 1 year to ensure program funds do not lapse and allows the 
Secretary to redistribute unobligated funds.
    Amends CDL Program Implementation grants to limit to 
$250,000 the amount a state can receive under the program for 
certain grant eligibilities 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. LMotor carrier safety operations and programs. [49 USC 
        31101]
    Authorizes $1.5 billion for FY23 through FY26 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. LImmobilization grant program. [49 USC 31102(l)]
    Establishes a new incentive grant to encourage states to 
fully participate in the Performance and Registration 
Information Systems Management (PRISM) program. Full 
participation requires the impoundment or immobilization of 
passenger-carrying commercial motor vehicles with gross vehicle 
weights between 10,001 and 26,000 lbs. found to have 
significant safety violations. States can use the grant funds 
to impound or otherwise immobilize a passenger-carrying 
commercial motor vehicle found to have such violations.
Sec. 4104. LOperation of small commercial vehicles study.
    Directs the Secretary to initiate a review of the 
prevalence of, characteristics of, and safe operation of 
package delivery commercial vehicles weighing under 10,000 
pounds. The study shall examine facets such as fleet 
structures, fleet management, driver treatment, driver 
training, and safety performance metrics.

               Subtitle B--Motor Carrier Safety Oversight

Sec. 4201. LMotor Carrier Safety Advisory Committee.
    Extends the authorization for the Motor Carrier Safety 
Advisory Committee through FY26 and adds small carriers among 
those required to be represented on the committee.
Sec. 4202. LCompliance, safety, accountability.
    Requires the Secretary, within 1 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 upon revision of the 
methodology. 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. LTerms 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. LSafety 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. LProviders 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. LAmendments 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.
Sec. 4207. LBroker guidance.
    Directs DOT to issue guidance to clarify the definitions 
and roles of brokers and bona fide agents. Requires the 
Secretary to consider the impact of technology and the role of 
dispatch services in the freight transportation industry.

           Subtitle C--Commercial Motor Vehicle Driver Safety

Sec. 4301. LCommercial driver's license for passenger carriers. [49 USC 
        31301]
    Requires drivers of limousines to hold a CDL.
Sec. 4302. LAlcohol 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 
DOT amends its drug and alcohol testing regulations to permit 
oral fluids testing.
Sec. 4303. LEntry-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. LDriver 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 an 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. LTruck 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. LHours of service.
    Requires FMCSA to conduct a comprehensive review of the 
impacts of current hours of service rules, including exemptions 
and expansions of on-duty time for commercial truck drivers 
finalized by the agency in a 2020 rulemaking. 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. LDriver recruitment.
    Requires the DOT 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. LScreening for obstructive sleep apnea.
    Directs FMCSA to, within 1 year, assess the risks posed by 
untreated obstruction sleep apnea, and initiate a rulemaking to 
establish screening criteria for obstructive sleep apnea among 
commercial vehicle drivers.
Sec. 4309. LWomen 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.
Sec. 4310. LApplication of commercial motor vehicle safety.
    Makes Puerto Rico eligible to receive Commercial Drivers' 
License Program Implementation grants under chapter 313 of 
title 49, and provides a grace period to come into compliance 
with the requirements of the program.
Sec. 4311. LUse of data.
    Allows data from Electronic Logging Devices to be used by 
FMCSA for transportation research.

       Subtitle D--Commercial Motor Vehicle and Schoolbus Safety

Sec. 4401. LSchoolbus 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. LIllegal passing of schoolbuses.
    Requires the Secretary to research drivers' understanding 
of and attitudes toward illegal school bus passing and to 
create and disseminate 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 advanced school bus 
safety technologies surrounding loading zone safety, such as 
motion activated detection systems and upgraded warning lights.
    Directs GAO to review state laws and efforts to educate 
drivers on illegal school bus passing and make recommendation 
to states on how to improve driver education efforts.
Sec. 4403. LState inspection of passenger-carrying commercial motor 
        vehicles.
    Requires the Secretary to review current state practices 
regarding annual inspection of passenger-carrying commercial 
motor vehicles to determine which inspection models are most 
used and evaluate their impact on commercial vehicle safety. 
The Secretary must report the findings to Congress.
Sec. 4404. LAutomatic emergency braking.
    Requires the Secretary, no later than 1 year after 
enactment, to prescribe a motor vehicle safety standard and 
accompanying performance requirements for newly manufactured 
heavy-duty commercial motor vehicles to be equipped with an 
automatic emergency braking system, and to require that systems 
installed in such vehicles 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. Directs the Secretary to complete research on applying 
automatic emergency braking systems in medium-duty commercial 
vehicles and, if warranted, develop performance standards for 
such automatic braking systems. 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.
Sec. 4405. LUnderride protection.
    Directs the Secretary to strengthen rear underride guard 
standards within 1 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. LTransportation 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. LAdditional 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. LUpdating 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.
Sec. 4409. LUniversal electronic identifier.
    Requires the Secretary to prescribe a motor vehicle safety 
standard to require newly manufactured commercial motor 
vehicles to be equipped with a universal electronic identifier 
that identifies the vehicle to roadside inspectors for 
enforcement purposes.

                          TITLE V--INNOVATION

Sec. 5001. LAuthorization of appropriations.
    Authorizes $2.2 billion in contract authority for FY23 
through FY26 for research programs.

                  Subtitle A-Research and Development

Sec. 5101. LHighway research and development program. [23 USC 503(b)]
    Increases funding to $144 million for FY23 through FY26 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. 
Directs DOT to develop modeling tools and data bases 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. LMaterials 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 and 
state DOTs to research greener material designs and practices 
during the production and construction process, including the 
ability for materials to sequester carbon from the atmosphere 
and the extent to which state procurement standards may be 
improved to support greener materials.
Sec. 5103. LTransportation 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 work force 
issues.
Sec. 5104. LUniversity transportation centers program. [49 USC 5505]
    Increases funding to $96 million for FY23 through FY26 for 
the University Transportation Centers Program. Adds FTA to the 
administration of the program. Increases Federal share and 
increases maximum grant amounts. Directs the Secretary to 
consider cybersecurity in making grants under the program. Adds 
focused research on transit, connected and automated vehicles, 
bicyclist and pedestrian safety, surface transportation work 
force issues, and climate change. Provides flexibility to 
transfer surplus funds to support further research in the 
Unsolicited Research Initiative in section 5105.
Sec. 5105. LUnsolicited 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. LNational 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. LWildlife-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 work force 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. LResearch activities. [49 USC 330]
    Reauthorizes the set-aside for coordination, evaluation, 
and oversight of research programs.
Sec. 5109. LTransportation equity research program.
    Reestablishes the DOT Transportation Equity Research 
Program. Authorizes research on the impacts of surface 
transportation planning, investment, and operations.
Sec. 5110. LSurface transportation research, development, and 
        technology. [23 USC 502]
    Authorizes the Secretary to enter into agreements with 
entities that represent the needs of metropolitan planning 
organizations in order to carry out research activities.
Sec. 5111. LMetropolitan planning research pilot program.
    Establishes a new pilot program to make financial awards to 
metropolitan planning organizations to carry out research 
activities. Goals of the program will include enhancing surface 
transportation metropolitan planning practices to improve the 
ability of MPOs to meet performance measures and targets, 
address climate change, improve access to jobs and services, 
and support underserved communities.
Sec. 5112. LIntegrated project delivery.
    Authorizes the Secretary to enter into an agreement with 
the National Academy of Sciences to carry out a study on the 
effectiveness of integrated project delivery in delivering 
large infrastructure projects.
Sec. 5113. LAccelerated implementation and deployment of advanced 
        digital construction management systems.
    Directs the Secretary to promote, support, and document the 
application of advanced digital construction management systems 
within the Technology and Innovation Deployment Program.

                    Subtitle B-Technology Deployment

Sec. 5201. LTechnology and innovation deployment program. [23 USC 
        503(c)]
    More than doubles funding to $152 million for FY23 through 
FY26 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. LAccelerated 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 Materials to Reduce Greenhouse Gas Emissions program in 
section 5102.
Sec. 5203. LFederal 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. LMobility through advanced technologies. [23 USC 503(c)(4)]
    Renames the Advanced Transportation and Congestion 
Management Technologies Deployment (ATCMTD) program to the 
Mobility through Advanced Technology (MTAT) 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, cybersecurity protections, 
DSRC-to-CV2X retrofitting, 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. LIntelligent transportation systems program. [23 USC 513-
        516]
    Adds consideration of greenhouse gas emissions reduction 
throughout the Intelligent Transportation Systems (ITS) 
program. Reauthorizes the ITS Program Advisory Committee. 
Removes set-asides that previously took funding away from 
intelligent transportation activities.
Sec. 5303. LNational 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. LStudy 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. LNontraditional 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 DOT.
Sec. 5306. LSurface transportation workforce retraining grant program.
    Establishes a work force 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. 5307. LThird-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. 5308. LThird-party data planning integration pilot program.
    Establishes a pilot program to leverage anonymous 
crowdsourced data from third-party entities to improve 
transportation planning.
Sec. 5309. LAutomated commercial vehicle reporting.
    Directs the Secretary to require entities operating 
automated commercial motor vehicles in interstate commerce to 
report safety data to the Secretary. Requires the Secretary to 
establish a repository of such data and make certain data 
publicly available in a safe manner that protects the privacy 
of submitting entities.
Sec. 5310. LTask Force to Promote American Vehicle Competitiveness.
    Directs the Secretary of Transportation to establish a Task 
Force to Promote American Vehicle Competitiveness to identify 
and resolve any jurisdictional or regulatory gaps or 
inconsistencies associated with domestic sourcing and 
production of electric vehicle batteries; coordinate agency 
oversight of nontraditional and emerging electric vehicle 
battery sourcing and production technologies, projects, and 
engagement with stakeholders; develop best practices for 
identifying, managing, and resolving issues regarding domestic 
sourcing and production of electric vehicle batteries; and 
carry out any other activities necessary to promote domestic 
electric vehicle manufacturing.

        Subtitle D-Surface Transportation Funding Pilot Programs

Sec. 5401. LState surface transportation system funding pilot.
    Nearly doubles funding for state-level Vehicle Miles 
Traveled (VMT) pilot programs and directs program dollars 
toward implementation of successful state programs. Adds 
cybersecurity to the scope of the pilot programs.
Sec. 5402. LNational surface transportation system funding pilot.
    Establishes a new 5 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 an advisory board to help carry out the 
pilot.

                        Subtitle E-Miscellaneous

Sec. 5501. LErgonomic 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. Requires the working group to compare design 
standards for women to those for men.
Sec. 5502. LRepeal of section 6314 of title 49, United States Code. [49 
        USC 6314]
    Repeals the Port Performance Freight Statistics Program.
Sec. 5503. LTransportation 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. LAdvisory council on transportation statistics. [49 USC 
        6305]
    Reauthorizes the Advisory Council on Transportation 
Statistics.
Sec. 5505. LGAO review of discretionary grant programs.
    Directs the Government Accountability Office to review the 
extent to which the Secretary is considering the needs of 
underserved populations in certain discretionary grant 
programs.

                  TITLE VI--MULTIMODAL TRANSPORTATION

Sec. 6001. LNational multimodal freight policy. [49 USC 70101]
    Revises the National Multimodal Freight Policy to include 
further consideration of environmental and equity impacts.
Sec. 6002. LNational freight strategic plan. [49 USC 70102]
    Revises the National Freight Strategic Plan to include 
further consideration of environmental and equity impacts.
Sec. 6003. LNational 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. LState 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. LState freight plans. [49 USC 70202]
    Revises the requirements for State Freight Plans to include 
further consideration of environmental and equity impacts.
Sec. 6006. LStudy of freight transportation fee.
    Establishes a joint task force between the DOT 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. LNational 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. LTransportation equity advisory committee.
    Requires the establishment of a Transportation Equity 
Advisory Committee to provide independent advice and 
recommendations to the Secretary on transportation equity, 
including making recommendations on national transportation 
metrics.
Sec. 6009. LSense of Congress.
    States a sense of Congress that walking, bicycling, and 
public transportation are complementary modes of 
transportation, and that pedestrian and bicycle pathways and 
related improvements within public transportation rights-of-way 
are appropriate investments for the public benefit.

    TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION 
                                  ACT

Sec. 7001. LTransportation Infrastructure Finance and Innovation Act.
    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. Clarifies the application of Buy America standards 
for commuter rail procurements under TIFIA.

             DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 8001. LShort title. [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. Clarifies the application of Buy America standards 
for commuter rail procurements under TIFIA.

                        TITLE I--AUTHORIZATIONS

Sec. 8101. LAuthorization of appropriations.
    Authorizes appropriations for the Pipeline and Hazardous 
Materials Safety Administration (PHMSA) hazardous materials 
safety program at $360 million over 5 years.

          TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT

Sec. 8201. LRepeal 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. 
Directs PHMSA to review outstanding National Transportation 
Safety Administration recommendations regarding the 
transportation of lithium batteries by air.
Sec. 8202. LTransportation of liquefied natural gas by rail tank car.
    Requires DOT to rescind any special permit or approval for 
the transport of liquified natural gas (LNG) by rail tank car 
issued before the date of enactment. Also prohibits DOT 
regulations on the transport of LNG by rail tank car from 
taking effect until DOT conducts a further safety evaluation. 
Directs PHMSA and FRA 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. LHazardous 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 5 years.
Sec. 8204. LLithium battery approval.
    Establishes a PHMSA approval program for certain high-risk 
lithium battery types, which will allow safety inspection 
personnel and carriers to verify that these batteries comply 
with international and domestic safety requirements.

                            DIVISION D--RAIL

Sec. 9001. LShort title.
    Cites the division as the ``Transforming Rail by 
Accelerating Investment nationwide Act'' or the ``TRAIN Act''.

                        TITLE I--AUTHORIZATIONS

Sec. 9101. LAuthorization of appropriations.
    Provides $32 billion over 5 years in grants to support 
Amtrak's intercity passenger rail service on the Northeast 
Corridor (NEC) and the National Network. Provides $25 billion 
over 5 years to both the Passenger Rail Improvement 
Modernization and Expansion grant program and the Bridges, 
Stations, and Tunnels grant program and $7 billion to the 
Consolidated Rail Investment and Safety Improvements grant 
program. Authorizes over the next 5 years appropriations for 
the State-Amtrak Intercity Passenger Rail Committee at $20 
million, the Northeast Corridor Commission at $30 million, and 
the Grade Crossing Separation Grant program at $2.5 billion.
    Authorizes appropriations for the Federal Railroad 
Administration (FRA) Safety and Operations account at $1.567 
billion over 5 years and requires FRA to increase the number of 
safety inspectors by 20 percent over 5 years; sets aside $20 
million a year for FRA regional planning processes; authorizes 
appropriations for the Amtrak Office of Inspector General at 
$137.5 million over 5 years and FRA's Railroad Research and 
Development account at $335 million over 5 years.
    Finally, blocks Federal financial assistance to any entity 
that is owned or controlled by a state-owned enterprise and 
includes a Sense of the Committee that a rail trust fund should 
be created and authorizes FRA grant programs to be funded by a 
rail trust fund if one is created.
Sec. 9102. LPassenger rail improvement, modernization, and expansion 
        grants.
    This new high-speed and intercity passenger rail 
competitive grant program authorizes grant funding of $25 
billion over 5 years to improve mobility, operational 
performance, or growth of high-speed or intercity passenger 
rail corridors. Priority is given for projects that incorporate 
regional planning, or have the support of multiple states, 
provide environmental benefits, such as greenhouse gas 
reduction and other air quality benefits and/or improve service 
in and to socially disadvantaged communities. The grant program 
reserves 4 percent of funds for high-speed rail corridor 
development planning and has a Federal cost-share of up to 90 
percent.
Sec. 9103. LConsolidated rail infrastructure and safety improvement 
        grants.
    Reauthorizes the FRA's CRISI competitive grant program to 
fund freight and passenger rail projects at $7 billion over 5 
years. Safety program eligibilities expressly allow for 
projects to help prevent rail trespassing and suicide. New 
preferences are added for projects that positively impact 
socially disadvantaged communities and for zero-emission 
locomotives. Commuter rail and Tribal government rail projects 
are newly eligible. The section retains the 25 percent set 
aside for rural projects and establishes a 25 percent set aside 
for projects over $100 million and removes a preference for 
projects with a lower percentage of Federal funding. The 
Federal cost share remains up to 80 percent for most projects.
Sec. 9104. LRailroad rehabilitation and improvement financing.
    Through the RRIF program, the 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 $900 million over 5 
years 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. For entities that pay a credit risk 
premium, this section provides certainty that upon loan payoff, 
the credit risk premium will be refunded. 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 for DOT Federal grant 
programs if such loans are repaid from non-Federal funds.
Sec. 9105. LBridges, stations, and tunnels (BeST) grant program.
    Authorizes $25 billion in a new directed grant program to 
fund major intercity passenger rail bridges, stations, tunnels, 
and any co-located projects that can be completed concurrently. 
Projects must be consistent with multi-state planning, have 
Tier I environmental impact statement work complete, and be in 
locations with cost-sharing methodology in place.
Sec. 9106. LBuy America.
    Requires 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.

                        TITLE II--AMTRAK REFORMS

Sec. 9201. LAmtrak 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, 
reflect the needs of all passengers, and support the U.S. work 
force.
Sec. 9202. LAmtrak status.
    Clarifies that Amtrak serves the public interest in 
providing reliable passenger rail service.
Sec. 9203. LBoard of Directors.
    Realigns the makeup of Amtrak's board of directors to 
better 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, the Amtrak CEO, 
and DOT. Also clarifies that the board members must balance 
consideration for the traveling public's interests in a 
sustainable national passenger rail service, with fiduciary 
responsibilities and Amtrak's mission and goals.
Sec. 9204. LAmtrak 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 provision 
provides a means for Amtrak to enforce its statutory right of 
preference directly in Federal court without intermediaries.
Sec. 9205. LUse of facilities and providing services to Amtrak.
    Revises the Surface Transportation Board provisions that 
govern when Amtrak seeks to operate additional trains over rail 
lines owned by another carrier by establishing a process for 
the Board to determine whether the additional trains 
unreasonably impair freight transportation and initiate a 
proceeding to evaluate what additional investments are 
required.
Sec. 9206. LProhibition 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. LAmtrak ADA assessment.
    Amtrak's trains, stations, facilities, policies, and 
decisionmaking processes must serve passengers with 
disabilities. This provision requires Amtrak to perform a 
comprehensive review every 2 years of all policies, protocols, 
and guidelines for compliance with the Americans with 
Disabilities Act (ADA). The review encompasses existing 
facilities, including trains, stations, and parking for which 
Amtrak has responsibility under the ADA.
Sec. 9208. LProhibition on smoking on Amtrak trains.
    Prohibits smoking on Amtrak trains, including electronic 
cigarettes.
Sec. 9209. LState-supported routes operated by Amtrak.
    Increases transparency of the costs for state-supported 
Amtrak routes and calls for procedures to improve financial 
planning. The section directs the State-Amtrak Intercity 
Passenger Rail Committee to update the cost methodology that 
promotes accountability and transparency. Further, the section 
requires Amtrak to engage stakeholders early when developing 
new state-supported routes, and ensures Amtrak receives 
affirmative state permission before initiating such service. 
The section also allows states and Amtrak to pursue an 
alternative cost methodology to facilitate the development, 
construction, and operation of new state-supported routes and 
the expansion of existing ones.
Sec. 9210. LAmtrak Police Department.
    Requires Amtrak to identify the mission of the Amtrak 
Police Department (APD) in mitigating risks to, and ensuring 
the safety and security of, Amtrak passengers, workers, trains, 
stations, and facilities. Amtrak must also develop a work force 
planning process that ensures adequate APD employment levels 
and set performance goals and metrics that align with the 
mission of the Department. Amtrak is directed to consult with 
experts and workers in complying with the section, and to 
report to Congress on its work.
Sec. 9211. LAmtrak 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 1 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. LClarification on Amtrak contracting out.
    Amends current Amtrak contracting limitations to clarify 
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. It also clarifies that Amtrak is 
not authorized to contract out work if prohibited to do so in 
an agreement entered into with its workers.
Sec. 9213. LAmtrak staffing.
    Prevents Amtrak from contracting out work performed at 
Amtrak call centers. The section also requires an Amtrak ticket 
agent to staff each station where there was more than an 
average of 40 Amtrak passengers boarding or deboarding per day 
in Fiscal Year 2019.
Sec. 9214. LSpecial 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. LDisaster 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. LAccess to recreational trails.
    Requires Amtrak to report to Congress before implementing a 
new policy or operation that may affect access to recreational 
trails.
Sec. 9217. LAmtrak cybersecurity enhancement and resiliency grant 
        program.
    Authorizes the Secretary to make grants to Amtrak for 
improvements to its information technology systems, including 
cyber resiliency improvements.
Sec. 9218. LAmtrak and private cars.
    Requires Amtrak to review policies regarding private car 
and charter train services and evaluate opportunities to 
strengthen these services.
Sec. 9219. LAmtrak Office of Community Outreach.
    Requires Amtrak to establish an Office of Community 
Outreach to engage and build relationships with communities 
impacted by Amtrak operations, including outreach and 
engagement around projects of community significance.
Sec. 9220. LLong-distance customer enhancement program.
    Requires Amtrak to set aside at least 2.5 percent of all 
annual appropriations to enhance the passenger experience on 
long-distance routes. Eligible initiatives include train car 
interior redesign and upgrades, food and beverage service 
improvements, wi-fi expansion, and rail stations.
Sec. 9221. LAmtrak carbon-free and renewable energy initiatives.
    Requires Amtrak to develop and publish a greenhouse gas 
emission reduction plan that sets forth a strategy to achieve 
net-zero carbon emissions within the Northeast Corridor by 
2035.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

Sec. 9301. LNortheast 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. LNortheast Corridor planning.
    Requires the Northeast Corridor Commission to submit a 
service development plan that identifies key state-of-good 
repair, capacity expansion, and capital improvement projects 
planned for the Northeast Corridor.
Sec. 9303. LProtective 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. LInterstate rail compacts.
    Encourages states to create interstate compacts to 
facilitate multi-state rail planning and encourage multi-state 
grant applications. Directs the Secretary to provide up to 
$500,000 in administrative assistance for up to 10 interstate 
rail compacts to improve, promote, and develop intercity 
passenger rail service through initiating, restoring, or 
enhancing such service. Recipients must provide a non-Federal 
match of not less than 50 percent of the administrative costs. 
The section sets applicant selection criteria and requires 
recipients to report annually on its activities and information 
related to performances measures the Secretary establishes to 
measure a recipient's progress toward achieving goals and 
objectives.
Sec. 9305. LHigh-speed rail updates.
    Updates requirements for high-speed rail projects to 
consider whether projects connect to rail stations in urban 
centers, environmental impacts including greenhouse gas 
reductions, and electrification. Establishes a consistent 
definition for high-speed rail projects to reach speeds of 150 
m.p.h. or more for projects on shared-use right of way and 186 
m.p.h. or more on dedicated right-of-way.
Sec. 9306. LState rail planning formula funds.
    Directs 1.5 percent of all Chapter 229 competitive grant 
funding (PRIME, CRISI, BeST, Restoration and Enhancement) into 
formula funding for all 50 states and the District of Columbia, 
for intercity passenger rail planning. States may use funds to 
advance rail capital projects when intercity passenger rail 
planning is not feasible. The formula is determined by a 
state's share of national rail route miles, population, and 
Amtrak's Fiscal Year 2019 ridership.

                     TITLE IV--COMMUTER RAIL POLICY

Sec. 9401. LSense of Congress regarding commuter rail liability 
        insurance.
    This section expresses the Sense of Congress that Congress 
should address the capacity and cost issues associated with the 
commuter rail liability insurance market and consider 
establishing a commuter rail insurance program within the DOT.
Sec. 9402. LSurface 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. 9403. LSurface 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.

                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

Sec. 9501. LStudy on safety impact of long trains.
    Long trains place different operational demands on the rail 
network and work force. This provision directs the Secretary to 
study the safety impacts of trains composed of more than 150 
railcars in a variety of terrains and conditions. The study 
will consider safety factors, such as loss of communication 
between crew members and in-train forces that can cause 
derailment risks. The Secretary must collaborate with 
stakeholders, including railroads, workers, and safety 
technology manufacturers, take action to address any risk 
identified by the study, and share the study results with 
stakeholders and Congress.
Sec. 9502. LFRA safety reporting.
    Expands the type of data FRA collects from railroads on 
accident and incident report forms to include train length and 
crew size. It also directs FRA to regularly review and analyze 
such report data for trends or patterns of potential safety 
risks and to take appropriate actions on risks identified.
Sec. 9503. LWaiver notice requirements.
    This section requires FRA to engage in a public process 
before granting waivers from, or suspensions of, railroad 
safety standards and regulations. FRA must give the public 
notice of a waiver or suspension request, make available a 
waiver or suspension application and any supporting data, and 
provide the public with notice and an opportunity to comment on 
waivers or suspensions before they are finalized.
Sec. 9504. LNotice of FRA comprehensive safety compliance assessments.
    Requires that the FRA notify the House Transportation and 
Infrastructure Committee and the Senate Commerce, Science, and 
Transportation Committee if it initiates a comprehensive safety 
compliance assessment of an entity providing regularly 
scheduled intercity or commuter rail transportation. Such 
notification must be made not later than 10 business days after 
the FRA commences any field investigation activity that is part 
of such assessment. Additionally, not later than 180 days after 
the assessment is complete, the FRA must transmit a summary 
report of the assessment findings to such committees.
Sec. 9505. LFRA 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. The Secretary must also develop a process for 
making accident and incident investigation reports available to 
railroads and employees for their review and comment prior to 
the FRA publishing the report.
Sec. 9506. LFreight 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. 9507. LBorder crossings.
    Requires freight trains crossing the southern border into 
the United States to follow the decades-long practice whereby 
the crews operating the trains across the border interchange 
with United States-based crews who then operate the train into 
the interior of the country. The section also addresses 
concerns of the Customs and Border Patrol (CBP) by requiring 
that such trains operate continually over the border crossing 
and stop once the train clears a CBP nonintrusive inspection 
facility. It also addresses congestion caused by freight trains 
that block highway-railroad grade crossings near the southern 
border by creating a $300 million set-aside for projects that 
separate grade crossings and relocate rail lines.
Sec. 9508. LYardmasters 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. 9509. LLeaking brakes.
    Directs the FRA to take such actions as are necessary to 
ensure that certain older air brake control valves are phased 
out on rail cars operating in cold regions of the United 
States.
Sec. 9510. LReport on PTC system failures.
    Directs the Secretary to require railroad carriers to 
regularly report on failures of positive train control (PTC) 
systems in the manner established by the Secretary.
Sec. 9511. LFatigue reduction management plans.
    Directs the Secretary to issue a final rule on fatigue 
management plans within 1 year of enactment. The Secretary may 
reopen a fatigue management plan if the FRA finds that fatigue 
was a casual or contributing factor in an accident or incident 
investigation, and the FRA must reopen such plans if the agency 
determines that fatigue is a systemic issue for the passenger 
or freight railroad involved in the accident or incident.
Sec. 9512. LAssault 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. 9513. LCritical 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. 9514. LCrewmember certification and qualification.
    Directs the Secretary to conduct an audit within 1 year of 
enactment, and every 5 years thereafter, of Class I railroads' 
qualification and certification program of locomotive engineers 
and conductors. The Secretary must consult with the railroad 
carrier and workers while conducting the audit and must submit 
to Congress a report summarizing the audit results. After the 
initial audit is complete, the Secretary must review the 
regulations governing these programs to consider whether 
updates are necessary to prepare engineers and conductors to 
safely operate trains. If any regulatory update is needed, the 
Secretary must act.
Sec. 9515. LSafety management team communication.
    Directs the FRA Administrator to implement a process that 
ensures communication between the FRA's safety management teams 
and workers is timely and responsive.
Sec. 9516. LGAO study on reorganization of Office of Railroad Safety.
    Directs the GAO to study the reorganization of the FRA's 
Office of Railroad Safety that took effect in June 2020 and 
consider how the previous and new structure compare.
Sec. 9517. LOpen-top rail car public input.
    Directs the FRA Administrator to, within 1 year of 
enactment, initiate a public process to seek input on 
addressing safety risks, spills, emissions, odors, and other 
public nuisances associated with certain rail cars, including 
evaluating the feasibility of requiring such rail cars be 
covered while in transportation.
Sec. 9518. LNew passenger service pre-revenue safety validation plan.
    Directs the Secretary to require an entity providing 
regularly scheduled intercity or commuter rail passenger 
transportation to submit to the Secretary a safety validation 
plan not later than 30 days prior to beginning new service, 
restarting service, or extending service. The plan must ensure 
the safety of such service and contain the elements specified 
by the Secretary. No such service may begin until the entity 
complies with the content of the plan. Entities must submit to 
the Secretary for review and approval any amendments to the 
plan.
Sec. 9519. LSafety oversight of nontraditional and emerging rail 
        technologies.
    Requires the Secretary to conduct a review of FRA safety 
regulations to determine the applicability of current 
regulations toward nontraditional and emerging rail 
technologies. The Secretary shall further identify gaps or 
challenges affecting the regulation of new rail technologies 
and report to Congress.

                   Subtitle B--Grade Crossing Safety

Sec. 9551. LHighway-rail grade crossing separation grants.
    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 5 years to build or 
improve grade crossing separations. Preference is given to 
projects that benefit disadvantaged communities. Right-of-way 
owners must contribute at least 10 percent of the total project 
costs, and the Federal cost-share is up to 85 percent.
Sec. 9552. LRail safety public awareness grant.
    This section authorizes a set-aside within the CRISI grant 
program at $25 million over 5 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. LEstablishment of 10-minute time limit for blocking public 
        highwayrail grade crossings.
    This section mirrors many state laws by prohibiting a 
stopped freight train from blocking a public highway-rail grade 
crossing for more than 10 minutes and allows the Secretary to 
issue civil penalties to railroad carriers for repeated 
violations of blocked crossings. Railroad carriers are granted 
60 days to rectify the cause of the blocked crossing before 
penalties can be assessed. Exemptions are made for instances 
such as accidents or compliance with Federal safety 
regulations, while higher penalties are permitted for 
repeatedly delaying emergency services.
Sec. 9554. LNational blocked crossing database.
    Directs the Secretary to develop a national blocked 
crossings data base for the public to report instances of 
blocked crossings.
Sec. 9555. LRailroad 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. Further 
requires railroads that receive complaints of blocked public 
grade crossings to enter the reported instance into FRA's 
national blocked crossings data base.
Sec. 9556. LNational highway-rail crossing inventory review.
    Requires the Secretary to conduct a review of the national 
highway-rail crossing inventory of the DOT and correct any out-
of-date or erroneous data.
Sec. 9557. LRailroad trespassing enforcement grants.
    Authorizes the Secretary to set-aside $250,000 annually 
within the CRISI grant program to make grants to fund law 
enforcement efforts to prevent trespassers along railroad 
right-of-way.
Sec. 9558. LRailroad trespassing suicide prevention grants.
    Authorizes the Secretary to set-aside $1 million annually 
within the CRISI grant program to make grants to partnerships 
of nonprofit mental health organizations and railroad carriers 
to implement public outreach campaigns centered on reducing the 
number of railroad suicides.
Sec. 9559. LIncluding railroad suicides.
    Requires the Secretary to include the number of suicides 
that occur on a railroad crossing or right-of-way in the total 
number of rail fatalities reported by DOT each year.
Sec. 9560. LReport on safety measures required for Quiet Zones.
    Requires the FRA Administrator to submit a report to 
Congress detailing the safety measures that can be used by 
communities to qualify for quiet zone implementation, as well 
as a summary of any proposed safety measures that did not meet 
the safety levels required of quiet zones.

                        TITLE VI--MISCELLANEOUS

Sec. 9601. LRail 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 a National Academies 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.
Sec. 9602. LAdvance acquisition.
    Similar to highway and transit projects, allows rail 
project sponsors to acquire real property interest for a 
transportation purpose that does not cause significant adverse 
environmental impact, prevent the lead agency from making an 
impartial decision to accept an alternative, or result in 
elimination or reduction of benefits to a displaced person. A 
real property interest may not be developed until all required 
environmental reviews for the project have been completed.
Sec. 9603. LUniversity Rail Climate Innovation Institute.
    Directs the Secretary to conduct a competitive process to 
establish a University Rail Climate Innovation Institute to 
research and develop low-and zero-emission rail technologies. 
The Institute is funded at $20 million annually, with a 50 
percent Federal cost share, and the selected university must 
partner with a railroad carrier or rail supplier.
Sec. 9604. LWorkforce diversity and development.
    Directs the Secretary to carry out at least one work force 
development pilot program within 2 years that may be in the 
form of an outreach program to increase employment 
opportunities for socially disadvantaged individuals; the 
development of a partnership with local schools and colleges to 
address work force needs; or an apprenticeship program to train 
railroad employees in needed skills. The Secretary must report 
to Congress on the pilot, including information about 
participants and outcomes of the pilot, and make 
recommendations for increasing diversity and enhancing skills 
in the railroad work force.
Sec. 9605. LRequirements for railroad freight cars entering service in 
        United States.
    Prohibits a freight rail car manufacturer from placing a 
freight car on the U.S. freight railroad interchange system if 
that car is made by a state-owned enterprise (SOE), has 
sensitive equipment made by a SOE or a county of concern, or 
contains content that originates from a SOE or entity within a 
country of concern that violated U.S. intellectual property 
rights. The section further limits freight cars to no more than 
20 percent SOE or country of concern content within 1 year 
after the date of enactment, and no more than 15 percent after 
2 years. The Secretary may fine a manufacturer up to $250,000 
per violation, (which exceeds the cost of most rail cars) and 
prohibit repeat offenders from placing any railcar on the U.S. 
freight railroad interchange system.
Sec. 9606. LRail research and development Center of Excellence.
    Authorizes the Secretary to award a grant to a university 
or consortium of universities to establish a Center of 
Excellence to research and develop improved safety, efficiency, 
and reliability of passenger and freight rail transportation. 
The grant has a 50 percent Federal cost share and preference is 
given to universities with experience in rail research, 
education, and work force development.
Sec. 9607. LFreight railroad locomotive requirements.
    Requires all Class I freight railroads to operate 
locomotives that meet the highest EPA emissions standard by 
2035.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 23, UNITED STATES CODE


Chap.                                                               Sec.
101  [Federal Aid Highways] Federal-aid Highways......................

           *       *       *       *       *       *       *


                    CHAPTER 1--FEDERAL-AID HIGHWAYS

Sec.
101 Definitions and declaration of policy.
     * * * * * * *
[117. Nationally significant freight and highway projects.]
117. Projects of national and regional significance.
     * * * * * * *
124. Predisaster mitigation program.
125. Emergency relief.
     * * * * * * *
[130. Railway-highway crossings.]
130. Railway crossings.
     * * * * * * *
[133. Surface transportation block grant program.]
133. Surface transportation program.
     * * * * * * *
[144. National bridge and tunnel inventory and inspection standards.]
144. Bridges and tunnels.
     * * * * * * *
155. Electric vehicle charging stations.
     * * * * * * *
171. Carbon pollution reduction.
172. Community climate innovation grants.
173. Community transportation investment grant program.

Sec. 101. Definitions and declaration of policy

  (a) Definitions.--In this title, the following definitions 
apply:
          (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.
          [(1)] (2) Apportionment.--The term ``apportionment'' 
        includes unexpended apportionments made under prior 
        authorization laws.
          (3) Areas of persistent poverty.--The term ``areas of 
        persistent poverty'' means--
                  (A) any county that has had 20 percent or 
                more of the population of such county living in 
                poverty over the past 30 years, as measured by 
                the 1990 and 2000 decennial censuses and the 
                most recent Small Area Income and Poverty 
                Estimates;
                  (B) any census tract with a poverty rate of 
                at least 20 percent, as measured by the most 
                recent 5-year data series available from the 
                American Community Survey of the Bureau of the 
                Census for all States and Puerto Rico; or
                  (C) any other territory or possession of the 
                United States that has had 20 percent or more 
                of its population living in poverty over the 
                past 30 years, as measured by the 1990, 2000, 
                and 2010 decennial censuses, or equivalent 
                data, of the Bureau of the Census.
          [(2)] (4) Asset management.--The term ``asset 
        management'' means a strategic and systematic process 
        of operating, maintaining, and improving physical 
        assets, with a focus on both engineering and economic 
        analysis based upon quality information, to identify a 
        structured sequence of maintenance, preservation, 
        repair, rehabilitation, and replacement actions that 
        will achieve and sustain a desired state of good repair 
        over the lifecycle of the assets at minimum practicable 
        cost.
          [(3)] (5) Carpool project.--The term ``carpool 
        project'' means any project to encourage the use of 
        carpools and vanpools, including provision of 
        carpooling opportunities to the elderly and individuals 
        with disabilities, systems for locating potential 
        riders and informing them of carpool opportunities, 
        acquiring vehicles for carpool use, designating 
        existing highway lanes as preferential carpool highway 
        lanes, providing related traffic control devices, 
        designating existing facilities for use for 
        preferential parking for carpools, and real-time 
        ridesharing projects, such as projects where drivers, 
        using an electronic transfer of funds, recover costs 
        directly associated with the trip provided through the 
        use of location technology to quantify those direct 
        costs, subject to the condition that the cost recovered 
        does not exceed the cost of the trip provided.
          (6) Climate change.--The term ``climate change'' 
        means any significant change in the measures of climate 
        lasting for an extended period of time, and may include 
        major changes in temperature, precipitation, wind 
        patterns, or sea level, among others, that occur over 
        several decades or longer.
          [(4)] (7) Construction.--The term ``construction'' 
        means the supervising, inspecting, actual building, and 
        incurrence of all costs incidental to the construction 
        or reconstruction of a highway or any project eligible 
        for assistance under this title, including bond costs 
        and other costs relating to the issuance in accordance 
        with section 122 of bonds or other debt financing 
        instruments and costs incurred by the State in 
        performing Federal-aid project related audits that 
        directly benefit the Federal-aid highway program. Such 
        term includes--
                  (A) preliminary engineering, engineering, and 
                design-related services directly relating to 
                the construction of a highway project, 
                including engineering, design, project 
                development and management, construction 
                project management and inspection, surveying, 
                assessing resilience, mapping (including the 
                establishment of temporary and permanent 
                geodetic control in accordance with 
                specifications of the National Oceanic and 
                Atmospheric Administration), and architectural-
                related services;
                  (B) reconstruction, resurfacing, restoration, 
                rehabilitation, and preservation;
                  (C) acquisition of rights-of-way;
                  (D) relocation assistance, acquisition of 
                replacement housing sites, and acquisition and 
                rehabilitation, relocation, and construction of 
                replacement housing;
                  (E) elimination of hazards of railway-highway 
                grade crossings;
                  (F) elimination of roadside hazards;
                  (G) improvements that directly facilitate and 
                control traffic flow, such as grade separation 
                of intersections, widening of lanes, 
                channelization of traffic, traffic control 
                systems, and passenger loading and unloading 
                areas; and
                  (H) capital improvements that directly 
                facilitate an effective vehicle weight 
                enforcement program, such as scales (fixed and 
                portable), scale pits, scale installation, and 
                scale houses.
          (8) Context sensitive design principles.--The term 
        ``context sensitive design principles'' means 
        principles for the design of a public road that--
                  (A) provides for the safe and adequate 
                accommodation, in all phases of project 
                planning, design, and development, 
                transportation facilities for users, including 
                pedestrians, bicyclists, public transportation 
                users, children, older individuals, individuals 
                with disabilities, motorists, and freight 
                vehicles; and
                  (B) considers the context in which the 
                facility is planned to be constructed to 
                determine the appropriate facility design.
          [(5)] (9) County.--The term ``county'' includes 
        corresponding units of government under any other name 
        in States that do not have county organizations and, in 
        those States in which the county government does not 
        have jurisdiction over highways, any local government 
        unit vested with jurisdiction over local highways.
          (10) Evacuation route.--The term ``evacuation route'' 
        means a transportation route or system that--
                  (A) is used to transport--
                          (i) the public away from an emergency 
                        event; or
                          (ii) first responders and recovery 
                        resources in the event of an emergency; 
                        and
                  (B) is identified, consistent with sections 
                134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by 
                the eligible entity with jurisdiction over the 
                area in which the route is located for the 
                purposes described in subparagraph (A).
          [(6)] (11) Federal-aid highway.--The term ``Federal-
        aid highway'' means a public highway eligible for 
        assistance under this chapter other than a highway 
        functionally classified as a local road or rural minor 
        collector.
          [(7)] (12) Federal lands access transportation 
        facility.--The term ``Federal Lands access 
        transportation facility'' means a public highway, road, 
        bridge, trail, or transit system that is located on, is 
        adjacent to, or provides access to Federal lands for 
        which title or maintenance responsibility is vested in 
        a State, county, town, township, tribal, municipal, or 
        local government.
          [(8)] (13) Federal lands transportation facility.--
        The term ``Federal lands transportation facility'' 
        means a public highway, road, bridge, trail, or transit 
        system that is located on, is adjacent to, or provides 
        access to Federal lands for which title and maintenance 
        responsibility is vested in the Federal Government, and 
        that appears on the national Federal lands 
        transportation facility inventory described in section 
        203(c).
          [(9)] (14) Forest development roads and trails.--The 
        term ``forest development roads and trails'' means 
        forest roads and trails under the jurisdiction of the 
        Forest Service.
          [(10)] (15) Forest road or trail.--The term ``forest 
        road or trail'' means a road or trail wholly or partly 
        within, or adjacent to, and serving the National Forest 
        System that is necessary for the protection, 
        administration, and utilization of the National Forest 
        System and the use and development of its resources.
          (16) Greenhouse gas.--The term ``greenhouse gas'' has 
        the meaning given the term in section 211(o)(1)(G) of 
        the Clean Air Act (42 U.S.C. 7545(o)(1)(G)).
          [(11)] (17) Highway.--The term ``highway'' includes--
                  (A) a road, street, and parkway;
                  (B) a right-of-way, bridge, railroad-highway 
                crossing, tunnel, drainage structure including 
                public roads on dams, sign, guardrail, and 
                protective structure, in connection with a 
                highway; and
                  (C) a portion of any interstate or 
                international bridge or tunnel and the 
                approaches thereto, the cost of which is 
                assumed by a State transportation department, 
                including such facilities as may be required by 
                the United States Customs and Immigration 
                Services in connection with the operation of an 
                international bridge or tunnel.
          [(12)] (18) Interstate System.--The term ``Interstate 
        System'' means the Dwight D. Eisenhower National System 
        of Interstate and Defense Highways described in section 
        103(c).
          [(13)] (19) Maintenance.--The term ``maintenance'' 
        means the preservation of the entire highway, including 
        surface, shoulders, roadsides, structures, and such 
        traffic-control devices as are necessary for safe and 
        efficient utilization of the highway.
          [(14)] (20) Maintenance area.--The term ``maintenance 
        area'' means an area that was designated as an air 
        quality nonattainment area, but was later redesignated 
        by the Administrator of the Environmental Protection 
        Agency as an air quality attainment area, under section 
        107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
          [(15)] (21) National highway freight network.--The 
        term ``National Highway Freight Network'' means the 
        National Highway Freight Network established under 
        section 167.
          (23) Natural infrastructure.--
                  (A) In general.--The term ``natural 
                infrastructure'' means infrastructure that 
                uses, restores, or emulates natural ecological 
                processes that--
                          (i) is created through the action of 
                        natural physical, geological, 
                        biological, and chemical processes over 
                        time;
                          (ii) is created by human design, 
                        engineering, and construction to 
                        emulate or act in concert with natural 
                        processes; or
                          (iii) involves the use of plants, 
                        soils, and other natural features, 
                        including through the creation, 
                        restoration, or preservation of 
                        vegetated areas using materials 
                        appropriate to the region to manage 
                        stormwater and runoff, to attenuate 
                        flooding and storm surges, and for 
                        other related purposes.
                  (B) Inclusion.--The term ``natural 
                infrastructure'' includes green infrastructure 
                and nature-based solutions.
          [(16)] (22) National Highway System.--The term 
        ``National Highway System'' means the Federal-aid 
        highway system described in section 103(b).
          [(17)] (24) Operating costs for traffic monitoring, 
        management, and control.--The term ``operating costs 
        for traffic monitoring, management, and control'' 
        includes labor costs, administrative costs, costs of 
        utilities and rent, and other costs associated with the 
        continuous operation of traffic control, such as 
        integrated traffic control systems, incident management 
        programs, and traffic control centers.
          [(18)] (25) Operational improvement.--The term 
        ``operational improvement''--
                  (A) means (i) a capital improvement for 
                installation of traffic surveillance and 
                control equipment, computerized signal systems, 
                motorist information systems, integrated 
                traffic control systems, incident management 
                programs, and transportation demand management 
                facilities, strategies, and programs, and (ii) 
                such other capital improvements to public roads 
                as the Secretary may designate, by regulation; 
                and
                  (B) does not include resurfacing, restoring, 
                or rehabilitating improvements, construction of 
                additional lanes, interchanges, and grade 
                separations, and construction of a new facility 
                on a new location.
          [(19)] (26) Project.--The term ``project'' means any 
        undertaking eligible for assistance under this title.
          [(20)] (27) Project agreement.--The term ``project 
        agreement'' means the formal instrument to be executed 
        by the Secretary and the recipient as required by 
        section 106.
          (28) Protective feature.--
                  (A) In general.--The term ``protective 
                feature'' means an improvement to a highway, 
                bridge, or other transportation facility 
                designed to increase resilience or mitigate the 
                risk of recurring damage or the cost of future 
                repairs from climate change effects (including 
                sea level rise), flooding, and extreme events 
                or other natural disasters (including 
                wildfires, seismic activity, and landslides).
                  (B) Inclusions.--The term ``protective 
                feature'' includes--
                          (i) raising roadway grades;
                          (ii) relocating roadways to higher 
                        ground above projected flood elevation 
                        levels or away from slide prone areas;
                          (iii) stabilizing slide areas;
                          (iv) stabilizing slopes;
                          (v) lengthening or raising bridges to 
                        increase waterway openings;
                          (vi) increasing the size or number of 
                        drainage structures;
                          (vii) replacing culverts with bridges 
                        or upsizing culverts;
                          (viii) installing seismic retrofits 
                        on bridges;
                          (ix) scour, stream stability, 
                        coastal, and other hydraulic 
                        countermeasures;
                          (x) the use of natural 
                        infrastructure;
                          (xi) integration of the use of 
                        traditional and natural infrastructure 
                        features;
                          (xii) undergrounding public utilities 
                        in the course of other infrastructure 
                        improvements eligible under this title; 
                        and
                          (xiii) permeable pavements for 
                        stormwater management.
          [(21)] (29) Public authority.--The term ``public 
        authority'' means a Federal, State, county, town, or 
        township, Indian tribe, municipal or other local 
        government or instrumentality with authority to 
        finance, build, operate, or maintain toll or toll-free 
        facilities.
          [(22)] (30) Public road.--The term ``public road'' 
        means any road or street under the jurisdiction of and 
        maintained by a public authority and open to public 
        travel.
          (31) Repeatedly damaged facility.--The term 
        ``repeatedly damaged facility'' means a road, highway, 
        or bridge that has required repair and reconstruction 
        activities on 2 or more occasions due to natural 
        disasters or catastrophic failures resulting in 
        emergencies declared by the Governor of the State in 
        which the road, highway, or bridge is located or 
        emergencies or major disasters declared by the 
        President under the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
          (32) Resilience.--
                  (A) In general.--The term ``resilience'' 
                means, with respect to a facility, the ability 
                to--
                          (i) anticipate, prepare for, or adapt 
                        to conditions; or
                          (ii) withstand, respond to, or 
                        recover rapidly from disruptions.
                  (B) Inclusions.--Such term includes, with 
                respect to a facility, the ability to--
                          (i) resist hazards or withstand 
                        impacts from disruptions;
                          (ii) reduce the magnitude, duration, 
                        or impact of a disruption; or
                          (iii) have the absorptive capacity, 
                        adaptive capacity, and recoverability 
                        to decrease vulnerability to a 
                        disruption.
          [(23)] (33) Rural areas.--The term ``rural areas'' 
        means all areas of a State not included in urban areas.
          [(24)] (34) Safety improvement project.--The term 
        ``safety improvement project'' means a strategy, 
        activity, or project on a public road that is 
        consistent with the State strategic highway safety plan 
        and corrects or improves a roadway feature that 
        constitutes a hazard to road users or addresses a 
        highway safety problem.
          [(25)] (35) Secretary.--The term ``Secretary'' means 
        Secretary of Transportation.
          [(26)] (36) State.--The term ``State'' means any of 
        the 50 States, the District of Columbia, or Puerto 
        Rico.
          (40) Transportation demand management; tdm.--The 
        terms ``transportation demand management'' and ``TDM'' 
        mean the use of strategies to inform and encourage 
        travelers to maximize the efficiency of a 
        transportation system leading to improved mobility, 
        reduced congestion, and lower vehicle emissions.
          (41) Transportation demand management strategies.--
        The term ``transportation demand management 
        strategies'' means the use of planning, programs, 
        policy, marketing, communications, incentives, pricing, 
        data, and technology to shift travel mode, routes used, 
        departure times, number of trips, and location and 
        design work space or public attractions.
          (42) Transportation system access.--The term 
        ``transportation system access'' means the ability to 
        travel by automobile, public transportation, 
        pedestrian, and bicycle networks, measured by travel 
        time, taking into consideration--
                  (A) the impacts of the level of travel stress 
                for non-motorized users;
                  (B) costs for low-income travelers; and
                  (C) the extent to which transportation access 
                is impacted by zoning policies and land use 
                planning practices that effect the 
                affordability, elasticity, and diversity of the 
                housing supply.
          [(27)] (37) State funds.--The term ``State funds'' 
        includes funds raised under the authority of the State 
        or any political or other subdivision thereof, and made 
        available for expenditure under the direct control of 
        the State transportation department.
          [(28)] (38) State strategic highway safety plan.--The 
        term ``State strategic highway safety plan'' has the 
        same meaning given such term in section 148(a).
          [(29)] (39) State transportation department.--The 
        term ``State transportation department'' means that 
        department, commission, board, or official of any State 
        charged by its laws with the responsibility for highway 
        construction.
          [(30)] (43) Transportation systems management and 
        operations.--
                  (A) In general.--The term ``transportation 
                systems management and operations'' means 
                integrated strategies to optimize the 
                performance of existing infrastructure through 
                the implementation of multimodal and 
                intermodal, cross-jurisdictional systems, 
                services, and projects designed to preserve 
                capacity and improve security, safety, and 
                reliability of the transportation system.
                  (B) Inclusions.--The term ``transportation 
                systems management and operations'' includes--
                          (i) actions such as traffic detection 
                        and surveillance, corridor management, 
                        freeway management, arterial 
                        management, active transportation and 
                        demand management, work zone 
                        management, emergency management, 
                        traveler information services, 
                        congestion pricing, parking management, 
                        automated enforcement, traffic control, 
                        commercial vehicle operations, freight 
                        management, and coordination of 
                        highway, rail, transit, bicycle, and 
                        pedestrian operations; and
                          (ii) coordination of the 
                        implementation of regional 
                        transportation system management and 
                        operations investments (such as traffic 
                        incident management, traveler 
                        information services, emergency 
                        management, roadway weather management, 
                        intelligent transportation systems, 
                        communication networks, and information 
                        sharing systems) requiring agreements, 
                        integration, and interoperability to 
                        achieve targeted system performance, 
                        reliability, safety, and customer 
                        service levels.
          [(31)] (44) Tribal transportation facility.--The term 
        ``tribal transportation facility'' means a public 
        highway, road, bridge, trail, or transit system that is 
        located on or provides access to tribal land and 
        appears on the national tribal transportation facility 
        inventory described in section 202(b)(1).
          [(32)] (45) Truck stop electrification system.--The 
        term ``truck stop electrification system'' means a 
        system that delivers heat, air conditioning, 
        electricity, or communications to a heavy-duty vehicle.
          [(33)] (46) Urban area.--The term ``urban area'' 
        means an urbanized area or, in the case of an urbanized 
        area encompassing more than one State, that part of the 
        urbanized area in each such State, or urban place as 
        designated by the Bureau of the Census having a 
        population of 5,000 or more and not within any 
        urbanized area, within boundaries to be fixed by 
        responsible State and local officials in cooperation 
        with each other, subject to approval by the Secretary. 
        Such boundaries shall encompass, at a minimum, the 
        entire urban place designated by the Bureau of the 
        Census, except in the case of cities in the State of 
        Maine and in the State of New Hampshire.
          [(34)] (47) Urbanized area.--The term ``urbanized 
        area'' means an area with a population of 50,000 or 
        more designated by the Bureau of the Census, within 
        boundaries to be fixed by responsible State and local 
        officials in cooperation with each other, subject to 
        approval by the Secretary. Such boundaries shall 
        encompass, at a minimum, the entire urbanized area 
        within a State as designated by the Bureau of the 
        Census.
  (b) Declaration of Policy.--
          (1) Acceleration of construction of federal-aid 
        highway systems.--Congress declares that it is in the 
        national interest to accelerate the construction of 
        Federal-aid highway systems, including the Dwight D. 
        Eisenhower National System of Interstate and [Defense,] 
        Defense Highways, because many of the highways (or 
        portions of the highways) are inadequate to meet the 
        needs of local and interstate commerce for the national 
        and civil defense.
          (2) Completion of interstate system.--Congress 
        declares that the prompt and early completion of the 
        Dwight D. Eisenhower National System of Interstate and 
        Defense Highways (referred to in this section as the 
        ``Interstate System''), so named because of its primary 
        importance to the national defense, is essential to the 
        national interest. It is the intent of Congress that 
        the Interstate System be completed as nearly as 
        practicable over the period of availability of the 
        forty years' appropriations authorized for the purpose 
        of expediting its construction, reconstruction, or 
        improvement, inclusive of necessary tunnels and 
        bridges, through the fiscal year ending September 30, 
        1996, under section 108(b) of the Federal-Aid Highway 
        Act of 1956 (70 Stat. 374), and that the entire system 
        in all States be brought to simultaneous completion. 
        Insofar as possible in consonance with this objective, 
        existing highways located on an interstate route shall 
        be used to the extent that such use is practicable, 
        suitable, and feasible, it being the intent that local 
        needs, to the extent practicable, suitable, and 
        feasible, shall be given equal consideration with the 
        needs of interstate commerce.
          (3) Transportation needs of 21st century.--Congress 
        declares that--
                  (A) it is in the national interest to 
                preserve and enhance the surface transportation 
                system to meet the needs of the United States 
                for the 21st [Century] century;
                  (B) the current urban and long distance 
                personal travel and freight movement demands 
                have surpassed the original forecasts and 
                travel demand patterns are expected to continue 
                to change;
                  (C) continued planning for and investment in 
                surface transportation is critical to ensure 
                the surface transportation system adequately 
                meets the changing travel demands of the 
                future;
                  (D) among the foremost needs that the surface 
                transportation system must meet to provide for 
                a strong and vigorous national economy are 
                safe, efficient, and reliable--
                          (i) national and interregional 
                        personal mobility (including personal 
                        mobility in rural and urban areas) and 
                        reduced congestion;
                          (ii) flow of interstate and 
                        international commerce and freight 
                        transportation; and
                          (iii) travel movements essential for 
                        national security;
                  (E) special emphasis should be devoted to 
                providing safe and efficient access for the 
                type and size of commercial and military 
                vehicles that access designated National 
                Highway System intermodal freight terminals;
                  (F) the connection between land use and 
                infrastructure is significant;
                  (G) transportation should play a significant 
                role in promoting economic growth, improving 
                the environment, and sustaining the quality of 
                life[; and];
                  (H) the Secretary should take appropriate 
                actions to preserve and enhance the Interstate 
                System to meet the needs of the 21st [Century.] 
                century;
                  (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.
          (4) Expedited project delivery.--
                  (A) In general.--Congress declares that it is 
                in the national interest to expedite the 
                delivery of surface transportation projects by 
                substantially reducing the average length of 
                the environmental review process while ensuring 
                that environmental protections are maintained.
                  (B) Policy of the united states.--
                Accordingly, it is the policy of the United 
                States that--
                          (i) the Secretary shall have the lead 
                        role among Federal agencies in carrying 
                        out the environmental review process 
                        for surface transportation projects;
                          (ii) each Federal agency shall 
                        cooperate with the Secretary to 
                        expedite the environmental review 
                        process for surface transportation 
                        projects;
                          (iii) project sponsors shall not be 
                        prohibited from carrying out 
                        preconstruction project development 
                        activities concurrently with the 
                        environmental review process;
                          (iv) programmatic approaches shall be 
                        used to reduce the need for project-by-
                        project reviews and decisions by 
                        Federal agencies; and
                          (v) the Secretary shall identify 
                        opportunities for project sponsors to 
                        assume responsibilities of the 
                        Secretary where such responsibilities 
                        can be assumed in a manner that 
                        protects public health, the 
                        environment, and public participation.
  (c) It is the sense of Congress that under existing law no 
part of any sums authorized to be appropriated for expenditure 
upon any Federal-aid highway which has been apportioned 
pursuant to the provisions of this title shall be impounded or 
withheld from obligation, for purposes and projects as provided 
in this title, by any officer or employee in the executive 
branch of the Federal Government, except such specific sums as 
may be determined by the Secretary of the Treasury, after 
consultation with the Secretary of Transportation, are 
necessary to be withheld from obligation for specific periods 
of time to assure that sufficient amounts will be available in 
the Highway Trust Fund to defray the expenditures which will be 
required to be made from such fund.
  (d) No funds authorized to be appropriated from the Highway 
Trust Fund shall be expended by or on behalf of any Federal 
department, agency, or instrumentality other than the Federal 
Highway Administration unless funds for such expenditure are 
identified and included as a line item in an appropriation Act 
and are to meet obligations of the United States heretofore or 
hereafter incurred under this title attributable to the 
construction of Federal-aid highways or highway planning, 
research, or development, or as otherwise specifically 
authorized to be appropriated from the Highway Trust Fund by 
Federal-aid highway legislation.
  (e) It is the national policy that to the maximum extent 
possible the procedures to be utilized by the Secretary and all 
other affected heads of Federal departments, agencies, and 
instrumentalities for carrying out this title and any other 
provision of law relating to the Federal highway programs shall 
encourage the substantial minimization of paperwork and 
interagency decision procedures and the best use of available 
manpower and funds so as to prevent needless duplication and 
unnecessary delays at all levels of government.

           *       *       *       *       *       *       *


Sec. 104. Apportionment

  (a) Administrative Expenses.--
          (1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to be made available to the 
        Secretary for administrative expenses of the Federal 
        Highway Administration--
                  [(A) $453,000,000 for fiscal year 2016;
                  [(B) $459,795,000 for fiscal year 2017;
                  [(C) $466,691,925 for fiscal year 2018;
                  [(D) $473,692,304 for fiscal year 2019; and
                  [(E) $480,797,689 for fiscal year 2020.]
                  (A) $530,000,000 for fiscal year 2023;
                  (B) $543,000,000 for fiscal year 2024;
                  (C) $557,000,000 for fiscal year 2025; and
                  (D) $572,000,000 for fiscal year 2026.
          (2) Purposes.--The amounts authorized to be 
        appropriated by this subsection shall be used--
                  (A) to administer the provisions of law to be 
                funded from appropriations for the Federal-aid 
                highway program and programs authorized under 
                chapter 2;
                  (B) to make transfers of such sums as the 
                Secretary determines to be appropriate to the 
                Appalachian Regional Commission for 
                administrative activities associated with the 
                Appalachian development highway system; and
                  (C) to reimburse, as appropriate, the Office 
                of Inspector General of the Department of 
                Transportation for the conduct of annual audits 
                of financial statements in accordance with 
                section 3521 of title 31.
          (3) Availability.--The amounts made available under 
        paragraph (1) shall remain available until expended.
  [(b) Division Among Programs of State's Share of Base 
Apportionment.--The Secretary shall distribute the amount of 
the base apportionment apportioned to a State for a fiscal year 
under subsection (c) among the national highway performance 
program, the surface transportation block grant program, the 
highway safety improvement program, the congestion mitigation 
and air quality improvement program, the national highway 
freight program, and to carry out section 134 as follows:
          [(1) National highway performance program.--For the 
        national highway performance program, 63.7 percent of 
        the amount remaining after distributing amounts under 
        paragraphs (4), (5), and (6).
          [(2) Surface transportation block grant program.--For 
        the surface transportation block grant program, 29.3 
        percent of the amount remaining after distributing 
        amounts under paragraphs (4), (5), and (6).
          [(3) Highway safety improvement program.--For the 
        highway safety improvement program, 7 percent of the 
        amount remaining after distributing amounts under 
        paragraphs (4), (5), and (6).
          [(4) Congestion mitigation and air quality 
        improvement program.--For the congestion mitigation and 
        air quality improvement program, an amount determined 
        by multiplying the amount of the base apportionment 
        remaining for the State under subsection (c) after 
        making the set aside in accordance with paragraph (5) 
        by the proportion that--
                  [(A) the amount apportioned to the State for 
                the congestion mitigation and air quality 
                improvement program for fiscal year 2009; bears 
                to
                  [(B) the total amount of funds apportioned to 
                the State for that fiscal year for the programs 
                referred to in section 105(a)(2) (except for 
                the high priority projects program referred to 
                in section 105(a)(2)(H)), as in effect on the 
                day before the date of enactment of the MAP-21.
          [(5) National highway freight program.--
                  [(A) In general.--For the national highway 
                freight program under section 167, the 
                Secretary shall set aside from the base 
                apportionment determined for a State under 
                subsection (c) an amount determined for the 
                State under subparagraphs (B) and (C).
                  [(B) Total amount.--The total amount set 
                aside for the national highway freight program 
                for all States shall be--
                          [(i) $1,150,000,000 for fiscal year 
                        2016;
                          [(ii) $1,100,000,000 for fiscal year 
                        2017;
                          [(iii) $1,200,000,000 for fiscal year 
                        2018;
                          [(iv) $1,350,000,000 for fiscal year 
                        2019; and
                          [(v) $1,500,000,000 for fiscal year 
                        2020.
                  [(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the 
                total set-aside amount for the national highway 
                freight program under subparagraph (B) so that 
                each State receives the amount equal to the 
                proportion that--
                          [(i) the total base apportionment 
                        determined for the State under 
                        subsection (c); bears to
                          [(ii) the total base apportionments 
                        for all States under subsection (c).
                  [(D) Metropolitan planning.--Of the amount 
                set aside under this paragraph for a State, the 
                Secretary shall use to carry out section 134 an 
                amount determined by multiplying the set-aside 
                amount by the proportion that--
                          [(i) the amount apportioned to the 
                        State to carry out section 134 for 
                        fiscal year 2009; bears to
                          [(ii) the total amount of funds 
                        apportioned to the State for that 
                        fiscal year for the programs referred 
                        to in section 105(a)(2) (except for the 
                        high priority projects program referred 
                        to in section 105(a)(2)(H)), as in 
                        effect on the day before the date of 
                        enactment of MAP-21 (Public Law 112-
                        141; 126 Stat. 405).
          [(6) Metropolitan planning.--To carry out section 
        134, an amount determined by multiplying the amount of 
        the base apportionment remaining for a State under 
        subsection (c) after making the set aside in accordance 
        with paragraph (5) by the proportion that--
                  [(A) the amount apportioned to the State to 
                carry out section 134 for fiscal year 2009; 
                bears to
                  [(B) the total amount of funds apportioned to 
                the State for that fiscal year for the programs 
                referred to in section 105(a)(2) (except for 
                the high priority projects program referred to 
                in section 105(a)(2)(H)), as in effect on the 
                day before the date of enactment of the MAP-21.
  [(c) Calculation of Amounts.--
          [(1) State share.--For each of fiscal years 2016 
        through 2020, 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) each of--
                                  [(I) the base apportionment;
                                  [(II) supplemental funds 
                                reserved under subsection 
                                (h)(1) for the national highway 
                                performance program; and
                                  [(III) supplemental funds 
                                reserved under subsection 
                                (h)(2) for the surface 
                                transportation block grant 
                                program; by
                          [(ii) the share for each State, which 
                        shall be equal to the proportion that--
                                  [(I) the amount of 
                                apportionments that the State 
                                received for fiscal year 2015; 
                                bears to
                                  [(II) the amount of those 
                                apportionments received by all 
                                States for that fiscal year.
                  [(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 2016 through 2020, the Secretary shall apportion 
        the sums authorized to be appropriated for expenditure 
        on the national highway performance program under 
        section 119, the surface transportation block grant 
        program under section 133, the highway safety 
        improvement program under section 148, the congestion 
        mitigation and air quality improvement program under 
        section 149, the national highway freight program under 
        section 167, and to carry out section 134 in accordance 
        with paragraph (1).]
  (b) Division Among Programs of State's Share of Base 
Apportionment.--The Secretary shall distribute the amount of 
the base apportionment apportioned to a State for a fiscal year 
under subsection (c) among the covered programs as follows:
          (1) National highway performance program.--For the 
        national highway performance program, 55.09 percent of 
        the amount remaining after distributing amounts under 
        paragraphs (4), (6), (7), and (10).
          (2) Surface transportation program.--For the surface 
        transportation program, 28.43 percent of the amount 
        remaining after distributing amounts under paragraphs 
        (4), (6), (7), and (10).
          (3) Highway safety improvement program.--For the 
        highway safety improvement program, 6.19 percent of the 
        amount remaining after distributing amounts under 
        paragraphs (4), (6), (7), and (10).
          (4) Congestion mitigation and air quality improvement 
        program.--
                  (A) In general.--For the congestion 
                mitigation and air quality improvement program, 
                an amount determined for the State under 
                subparagraphs (B) and (C).
                  (B) Total amount.--The total amount for the 
                congestion mitigation and air quality 
                improvement program for all States shall be--
                          (i) $2,913,925,833 for fiscal year 
                        2023;
                          (ii) $2,964,919,535 for fiscal year 
                        2024;
                          (iii) $3,024,217,926 for fiscal year 
                        2025; and
                          (iv) $3,078,653,849 for fiscal year 
                        2026.
                  (C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the 
                amount for the congestion mitigation and air 
                quality improvement program under subparagraph 
                (B) so that each State receives an amount equal 
                to the proportion that--
                          (i) the amount apportioned to the 
                        State for the congestion mitigation and 
                        air quality improvement program for 
                        fiscal year 2020; bears to
                          (ii) the total amount of funds 
                        apportioned to all States for such 
                        program for fiscal year 2020.
          (5) National highway freight program.--For the 
        national highway freight program, 3.38 percent of the 
        amount remaining after distributing amounts under 
        paragraphs (4), (6), (7), and (10).
          (6) Metropolitan planning.--
                  (A) In general.--For metropolitan planning, 
                an amount determined for the State under 
                subparagraphs (B) and (C).
                  (B) Total amount.--The total amount for 
                metropolitan planning for all States shall be--
                          (i) $507,500,000 for fiscal year 
                        2023;
                          (ii) $516,381,250 for fiscal year 
                        2024;
                          (iii) $526,708,875 for fiscal year 
                        2025; and
                          (iv) $536,189,635 for fiscal year 
                        2026.
                  (C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the 
                amount for metropolitan planning under 
                subparagraph (B) so that each State receives an 
                amount equal to the proportion that--
                          (i) the amount apportioned to the 
                        State for metropolitan planning for 
                        fiscal year 2020; bears to
                          (ii) the total amount of funds 
                        apportioned to all States for 
                        metropolitan planning for fiscal year 
                        2020.
          (7) Railway crossings.--
                  (A) In general.--For the railway crossings 
                program, an amount determined for the State 
                under subparagraphs (B) and (C).
                  (B) Total amount.--The total amount for the 
                railway crossings program for all States shall 
                be $245,000,000 for each of fiscal years 2023 
                through 2026.
                  (C) State share.--
                          (i) In general.--For each fiscal 
                        year, the Secretary shall distribute 
                        among the States the amount for the 
                        railway crossings program under 
                        subparagraph (B) as follows:
                                  (I) 50 percent of the amount 
                                for a fiscal year shall be 
                                apportioned to States by the 
                                formula set forth in section 
                                104(b)(3)(A) (as in effect on 
                                the day before the date of 
                                enactment of MAP-21).
                                  (II) 50 percent of the amount 
                                for a fiscal year shall be 
                                apportioned to States in the 
                                ratio that total public 
                                railway-highway crossings in 
                                each State bears to the total 
                                of such crossings in all 
                                States.
                          (ii) Minimum apportionment.--
                        Notwithstanding clause (i), for each 
                        fiscal year, each State shall receive a 
                        minimum of one-half of 1 percent of the 
                        total amount for the railway crossings 
                        program for such fiscal year under 
                        subparagraph (B).
          (8) Predisaster mitigation program.--For the 
        predisaster mitigation program, 2.96 percent of the 
        amount remaining after distributing amounts under 
        paragraphs (4), (6), (7), and (10).
          (9) Carbon pollution reduction program.--For the 
        carbon pollution reduction program, 3.95 percent of the 
        amount remaining after distributing amounts under 
        paragraphs (4), (6), (7), and (10).
          (10) Clean corridors.--
                  (A) In general.--For the clean corridors 
                program, an amount determined for the State 
                under subparagraphs (B) and (C).
                  (B) Total amount.--The total amount for the 
                clean corridors program for all States shall be 
                $1,000,000,000 for each of fiscal years 2023 
                through 2026.
                  (C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the 
                total amount for the clean corridors program 
                under subparagraph (B) so that each State 
                receives the amount equal to the proportion 
                that--
                          (i) the total base apportionment 
                        determined for the State under 
                        subsection (c); bears to
                          (ii) the total base apportionments 
                        for all States under subsection (c).
  (c) Calculation of Amounts.--
          (1) State share.--For each of fiscal years 2023 
        through 2026, the amount for each State shall be 
        determined as follows:
                  (A) Initial amounts.--The initial amounts for 
                each State shall be determined by multiplying--
                          (i) each of--
                                  (I) the base apportionment; 
                                and
                                  (II) supplemental funds 
                                reserved under subsection 
                                (h)(1) for the highway safety 
                                improvement program; by
                          (ii) the share for each State, which 
                        shall be equal to the proportion that--
                                  (I) the amount of 
                                apportionments that the State 
                                received for fiscal year 2020; 
                                bears to
                                  (II) the amount of those 
                                apportionments received by all 
                                States for fiscal year 2020.
                  (B) Adjustments to amounts.--The initial 
                amounts resulting from the calculation under 
                subparagraph (A) shall be adjusted to ensure 
                that each State receives an aggregate 
                apportionment equal to at least 95 percent of 
                the estimated tax payments attributable to 
                highway users in the State paid into the 
                Highway Trust Fund (other than the Mass Transit 
                Account) in the most recent fiscal year for 
                which data are available.
          (2) State apportionment.--On October 1 of fiscal 
        years 2023 through 2026, the Secretary shall apportion 
        the sums authorized to be appropriated for expenditure 
        on the covered programs in accordance with paragraph 
        (1).
  (d) Metropolitan Planning.--
          (1) Use of amounts.--
                  (A) Use.--
                          (i) In general.--Except as provided 
                        in clause (ii), the amounts apportioned 
                        to a State under [paragraphs (5)(D) and 
                        (6) of subsection (b)] subsection 
                        (b)(6) shall be made available by the 
                        State to the metropolitan planning 
                        organizations responsible for carrying 
                        out section 134 in the State.
                          (ii) States receiving minimum 
                        apportionment.--A State that received 
                        the minimum apportionment for use in 
                        carrying out section 134 for fiscal 
                        year 2009 may, subject to the approval 
                        of the Secretary, use the funds 
                        apportioned under [paragraphs (5)(D) 
                        and (6) of subsection (b)] subsection 
                        (b)(6) to fund transportation planning 
                        outside of urbanized areas.
                  (B) Unused funds.--Any funds that are not 
                used to carry out section 134 may be made 
                available by a metropolitan planning 
                organization to the State to fund activities 
                under section 135.
          (2) Distribution of amounts within states.--
                  (A) In general.--The distribution within any 
                State of the planning funds made available to 
                organizations under paragraph (1) shall be in 
                accordance with a formula that--
                          (i) is developed by each State and 
                        approved by the Secretary; and
                          (ii) takes into consideration, at a 
                        minimum, population, status of 
                        planning, attainment of air quality 
                        standards, metropolitan area 
                        transportation needs, and other factors 
                        necessary to provide for an appropriate 
                        distribution of funds to carry out 
                        section 134 and other applicable 
                        requirements of Federal law.
                  (B) Reimbursement.--Not later than 15 
                business days after the date of receipt by a 
                State of a request for reimbursement of 
                expenditures made by a metropolitan planning 
                organization for carrying out section 134, the 
                State shall reimburse, from amounts distributed 
                under this paragraph to the metropolitan 
                planning organization by the State, the 
                metropolitan planning organization for those 
                expenditures.
          (3) Determination of population figures.--For the 
        purpose of determining population figures under this 
        subsection, the Secretary shall use the latest 
        available data from the decennial census conducted 
        under section 141(a) of title 13, United States Code.
  (e) Certification of Apportionments.--
          (1) In general.--The Secretary shall--
                  (A) on October 1 of each fiscal year, certify 
                to each of the State transportation departments 
                the amount that has been apportioned to the 
                State under this section for the fiscal year; 
                and
                  (B) to permit the States to develop adequate 
                plans for the use of amounts apportioned under 
                this section, advise each State of the amount 
                that will be apportioned to the State under 
                this section for a fiscal year not later than 
                90 days before the beginning of the fiscal year 
                for which the sums to be apportioned are 
                authorized.
          (2) Notice to states.--If the Secretary has not made 
        an apportionment under this section for a fiscal year 
        beginning after September 30, 1998, by not later than 
        the date that is the twenty-first day of that fiscal 
        year, the Secretary shall submit, by not later than 
        that date, to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the 
        Senate, a written statement of the reason for not 
        making the apportionment in a timely manner.
          (3) Apportionment calculations.--
                  (A) In general.--The calculation of official 
                apportionments of funds to the States under 
                this title is a primary responsibility of the 
                Department and shall be carried out only by 
                employees (and not contractors) of the 
                Department.
                  (B) Prohibition on use of funds to hire 
                contractors.--None of the funds made available 
                under this title shall be used to hire 
                contractors to calculate the apportionments of 
                funds to States.
  (f) Transfer of Highway and Transit Funds.--
          (1) Transfer of highway funds for transit projects.--
                  (A) In general.--Subject to subparagraph (B), 
                amounts made available for transit projects or 
                transportation planning under this title may be 
                transferred to and administered by the 
                Secretary in accordance with chapter 53 of 
                title 49.
                  (B) Non-federal share.--The provisions of 
                this title relating to the non-Federal share 
                shall apply to the amounts transferred under 
                subparagraph (A).
          (2) Transfer of transit funds for highway projects.--
                  (A) In general.--Subject to subparagraph (B), 
                amounts made available for highway projects or 
                transportation planning under chapter 53 of 
                title 49 may be transferred to and administered 
                by the Secretary in accordance with this title.
                  (B) Non-federal share.--The provisions of 
                chapter 53 of title 49 relating to the non-
                Federal share shall apply to amounts 
                transferred under subparagraph (A).
          (3) Transfer of funds among states or to [federal 
        highway administration] an operating administration of 
        the department of transportation.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary may, at the request of a State, 
                transfer amounts apportioned or allocated under 
                this title to the State to another State, or to 
                [the Federal Highway Administration] an 
                operating administration of the Department of 
                Transportation, for the purpose of funding 1 or 
                more projects that are eligible for assistance 
                with amounts so apportioned or allocated.
                  (B) Apportionment.--The transfer shall have 
                no effect on any apportionment of amounts to a 
                State under this section.
                  (C) Funds suballocated to urbanized areas.--
                Amounts that are apportioned or allocated to a 
                State under subsection (b)(3) (as in effect on 
                the day before the date of enactment of the 
                MAP-21) or subsection (b)(2) and attributed to 
                an urbanized area of a State with a population 
                of more than 200,000 individuals under section 
                133(d) may be transferred under this paragraph 
                only if the metropolitan planning organization 
                designated for the area concurs, in writing, 
                with the transfer request.
          (4) Transfer of obligation authority.--Obligation 
        authority for amounts transferred under this subsection 
        shall be transferred in the same manner and amount as 
        the amounts for the projects that are transferred under 
        this section.
  [(g) Highway Trust Fund Transparency and Accountability 
Reports.--
          [(1) Compilation of data.--Not later than 180 days 
        after the date of enactment of the FAST Act, the 
        Secretary shall compile data in accordance with this 
        subsection on the use of Federal-aid highway funds made 
        available under this title.
          [(2) Requirements.--The Secretary shall ensure that 
        the reports required under this subsection are made 
        available in a user-friendly manner on the public 
        Internet website of the Department of Transportation 
        and can be searched and downloaded by users of the 
        website.
          [(3) Contents of reports.--
                  [(A) Apportioned and allocated programs.--On 
                a semiannual basis, the Secretary shall make 
                available a report on funding apportioned and 
                allocated to the States under this title that 
                describes--
                          [(i) the amount of funding obligated 
                        by each State, year-to-date, for the 
                        current fiscal year;
                          [(ii) the amount of funds remaining 
                        available for obligation by each State;
                          [(iii) changes in the obligated, 
                        unexpended balance for each State, 
                        year-to-date, during the current fiscal 
                        year, including the obligated, 
                        unexpended balance at the end of the 
                        preceding fiscal year and current 
                        fiscal year expenditures;
                          [(iv) the amount and program category 
                        of unobligated funding, year-to-date, 
                        available for expenditure at the 
                        discretion of the Secretary;
                          [(v) the rates of obligation on and 
                        off the National Highway System, year-
                        to-date, for the current fiscal year of 
                        funds apportioned, allocated, or set 
                        aside under this section, according 
                        to--
                                  [(I) program;
                                  [(II) funding category or 
                                subcategory;
                                  [(III) type of improvement;
                                  [(IV) State; and
                                  [(V) sub-State geographical 
                                area, including urbanized and 
                                rural areas, on the basis of 
                                the population of each such 
                                area; and
                          [(vi) the amount of funds transferred 
                        by each State, year-to-date, for the 
                        current fiscal year between programs 
                        under section 126.
                  [(B) Project data.--On an annual basis, the 
                Secretary shall make available a report that 
                provides, for any project funded under this 
                title (excluding projects for which funds are 
                transferred to agencies other than the Federal 
                Highway Administration) with an estimated total 
                cost as of the start of construction greater 
                than $25,000,000, and to the maximum extent 
                practicable, other projects funded under this 
                title, project data describing--
                          [(i) the specific location of the 
                        project;
                          [(ii) the total cost of the project;
                          [(iii) the amount of Federal funding 
                        obligated for the project;
                          [(iv) the program or programs from 
                        which Federal funds have been obligated 
                        for the project;
                          [(v) the type of improvement being 
                        made, such as categorizing the 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;
                          [(vi) the ownership of the highway or 
                        bridge;
                          [(vii) whether the 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; and
                          [(viii) available information on the 
                        estimated cost of the project as of the 
                        start of project construction, or the 
                        revised cost estimate based on a 
                        description of revisions to the scope 
                        of work or other factors affecting 
                        project cost other than cost overruns.
  [(h) Supplemental Funds.--
          [(1) Supplemental funds for national highway 
        performance program.--
                  [(A) Amount.--Before making an apportionment 
                for a fiscal year under subsection (c), the 
                Secretary shall reserve for the national 
                highway performance program under section 119 
                for that fiscal year an amount equal to--
                          [(i) $53,596,122 for fiscal year 
                        2019; and
                          [(ii) $66,717,816 for fiscal year 
                        2020.
                  [(B) Treatment of funds.--Funds reserved 
                under subparagraph (A) and apportioned to a 
                State under subsection (c) shall be treated as 
                if apportioned under subsection (b)(1), and 
                shall be in addition to amounts apportioned 
                under that subsection.
          [(2) Supplemental funds for surface transportation 
        block grant program.--
                  [(A) Amount.--Before making an apportionment 
                for a fiscal year under subsection (c), the 
                Secretary shall reserve for the surface 
                transportation block grant program under 
                section 133 for that fiscal year an amount 
                equal to--
                          [(i) $835,000,000 for each of fiscal 
                        years 2016 and 2017 pursuant to section 
                        133(h), plus--
                                  [(I) $55,426,310 for fiscal 
                                year 2016; and
                                  [(II) $89,289,904 for fiscal 
                                year 2017; and
                          [(ii) $850,000,000 for each of fiscal 
                        years 2018 through 2020 pursuant to 
                        section 133(h), plus--
                                  [(I) $118,013,536 for fiscal 
                                year 2018;
                                  [(II) $130,688,367 for fiscal 
                                year 2019; and
                                  [(III) $170,053,448 for 
                                fiscal year 2020.
                  [(B) Treatment of funds.--Funds reserved 
                under subparagraph (A) and apportioned to a 
                State under subsection (c) shall be treated as 
                if apportioned under subsection (b)(2), and 
                shall be in addition to amounts apportioned 
                under that subsection.
  [(i) Base Apportionment Defined.--In this section, the term 
``base apportionment'' means--
          [(1) the combined amount authorized for appropriation 
        for the national highway performance program under 
        section 119, the surface transportation block grant 
        program under section 133, the highway safety 
        improvement program under section 148, the congestion 
        mitigation and air quality improvement program under 
        section 149, the national highway freight program under 
        section 167, and to carry out section 134; minus
          [(2) supplemental funds reserved under subsection (h) 
        for the national highway performance program and the 
        surface transportation block grant program.]
  (g) Highway Trust Fund Transparency and Accountability 
Reports.--
          (1) Requirement.--
                  (A) In general.--The Secretary shall compile 
                data in accordance with this subsection on the 
                use of Federal-aid highway funds made available 
                under this title.
                  (B) User friendly data.--The data compiled 
                under subparagraph (A) shall be in a user 
                friendly format that can be searched, 
                downloaded, disaggregated, and filtered by data 
                category.
          (2) Project data.--
                  (A) In general.--Not later than 120 days 
                after the end of each fiscal year, the 
                Secretary shall make available on the website 
                of the Department of Transportation a report 
                that describes--
                          (i) the location of each active 
                        project within each State during such 
                        fiscal year, including in which 
                        congressional district or districts 
                        such project is located;
                          (ii) the total cost of such project;
                          (iii) the amount of Federal funding 
                        obligated for such project;
                          (iv) the program or programs from 
                        which Federal funds have been obligated 
                        for such project;
                          (v) whether such project is located 
                        in an area of the State with a 
                        population of--
                                  (I) less than 5,000 
                                individuals;
                                  (II) 5,000 or more 
                                individuals but less than 
                                50,000 individuals;
                                  (III) 50,000 or more 
                                individuals but less than 
                                200,001 individuals; or
                                  (IV) greater than 200,000 
                                individuals;
                          (vi) whether such project is located 
                        in an area of persistent poverty;
                          (vii) the type of improvement being 
                        made by such project, including 
                        categorizing such project as--
                                  (I) a road reconstruction 
                                project;
                                  (II) a new road construction 
                                project;
                                  (III) a new bridge 
                                construction project;
                                  (IV) a bridge rehabilitation 
                                project; or
                                  (V) a bridge replacement 
                                project; and
                          (viii) the functional classification 
                        of the roadway on which such project is 
                        located.
                  (B) Interactive map.--In addition to the data 
                made available under subparagraph (A), the 
                Secretary shall make available on the website 
                of the Department of Transportation an 
                interactive map that displays, for each active 
                project, the information described in clauses 
                (i) through (v) of subparagraph (A).
          (3) State data.--
                  (A) Apportioned and allocated programs.--The 
                website described in paragraph (2)(A) shall be 
                updated annually to display the Federal-aid 
                highway funds apportioned and allocated to each 
                State under this title, including--
                          (i) the amount of funding available 
                        for obligation by the State, including 
                        prior unobligated balances, at the 
                        start of the fiscal year;
                          (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.
  (h) Supplemental Funds.--
          (1) Amount.--Before making an apportionment for a 
        fiscal year under subsection (c), the Secretary shall 
        reserve for the highway safety improvement program 
        under section 148 $500,000,000 for each of fiscal years 
        2023 through 2026 for the purpose of the safe streets 
        set-aside under section 148(m).
          (2) Treatment of funds.--Funds reserved under 
        paragraph (1) and apportioned to a State under 
        subsection (c) shall be treated as if apportioned under 
        subsection (b)(3), and shall be in addition to amounts 
        apportioned under such subsection.
  (i) Definitions.--In this section:
          (1) Base apportionment.--The term ``base 
        apportionment'' means--
                  (A) the combined amount authorized for the 
                covered programs; minus
                  (B) the supplemental funds reserved under 
                subsection (h) for the highway safety 
                improvement program.
          (2) Covered programs.--The term ``covered programs'' 
        means--
                  (A) the national highway performance program 
                under section 119;
                  (B) the surface transportation program under 
                section 133;
                  (C) the highway safety improvement program 
                under section 148;
                  (D) the congestion mitigation and air quality 
                improvement program under section 149;
                  (E) the national highway freight program 
                under section 167;
                  (F) metropolitan planning under section 134;
                  (G) the railway crossings program under 
                section 130;
                  (H) the predisaster mitigation program under 
                section 124;
                  (I) the carbon pollution reduction program 
                under section 171; and
                  (J) the clean corridors program under section 
                151.

Sec. 105. Additional deposits into Highway Trust Fund

  (a) In General.--If monies are deposited into the Highway 
Account or Mass Transit Account pursuant to a law enacted 
subsequent to the date of enactment of the [FAST Act] INVEST in 
America Act, the Secretary shall make available additional 
amounts of contract authority under subsections (b) and (c).
  (b) Amount of Adjustment.--If monies are deposited into the 
Highway Account or the Mass Transit Account as described in 
subsection (a), on October 1 of the fiscal year following the 
deposit of such monies, the Secretary shall--
          (1) make available for programs authorized from such 
        account for such fiscal year a total amount equal to--
                  (A) the amount otherwise authorized to be 
                appropriated for such programs for such fiscal 
                year; plus
                  (B) an amount equal to such monies deposited 
                into such account during the previous fiscal 
                year as described in subsection (a); and
          (2) distribute the additional amount under paragraph 
        (1)(B) to each of such programs in accordance with 
        subsection (c).
  (c) Distribution of Adjustment Among Programs.--
          (1) In general.--In making an adjustment for programs 
        authorized to be appropriated from the Highway Account 
        or the Mass Transit Account for a fiscal year under 
        subsection (b), the Secretary shall--
                  (A) determine the ratio that--
                          (i) the amount authorized [to be 
                        appropriated] for a program 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;
                  (B) multiply the ratio determined under 
                subparagraph (A) by the amount of the 
                adjustment determined under subsection 
                (b)(1)(B); and
                  (C) adjust the amount that the Secretary 
                would otherwise have allocated for the program 
                for such fiscal year by the amount calculated 
                under subparagraph (B).
          (2) Formula programs.--For a program for which funds 
        are distributed by formula, the Secretary shall add the 
        adjustment to the amount authorized for the program but 
        for this section and make available the adjusted 
        program amount for such program in accordance with such 
        formula.
          (3) Availability for obligation.--Adjusted amounts 
        under this subsection shall be available for obligation 
        and administered in the same manner as other amounts 
        made available for the program for which the amount is 
        adjusted.
          (4) Special rule.--
                  (A) Adjustment.--In making an adjustment 
                under paragraph (1) for an allocation, 
                reservation, or set-aside from an amount 
                authorized from the Highway Account or Mass 
                Transit Account described in subparagraph (B), 
                the Secretary shall--
                          (i) determine the ratio that--
                                  (I) the amount authorized to 
                                be appropriated for the 
                                allocation, reservation, or 
                                set-aside from the account for 
                                the fiscal year; bears to
                                  (II) the total amount 
                                authorized to be appropriated 
                                for such fiscal year for all 
                                programs under such account;
                          (ii) multiply the ratio determined 
                        under clause (i) by the amount of the 
                        adjustment determined under subsection 
                        (b)(1)(B); and
                          (iii) adjust the amount that the 
                        Secretary would have allocated for the 
                        allocation, reservation, or set-aside 
                        for such fiscal year but for this 
                        section by the amount calculated under 
                        clause (ii).
                  (B) Allocations, reservations, and set-
                asides.--The allocations, reservations, and 
                set-asides described in this subparagraph are--
                          (i) from the amount made available 
                        for a fiscal year for the Federal lands 
                        transportation program under section 
                        203, the amounts allocated for a fiscal 
                        year for the National Park Service, the 
                        United States Fish and Wildlife 
                        Service, the United States Forest 
                        Service, the Corps of Engineers, the 
                        Bureau of Land Management, the Bureau 
                        of Reclamation, and independent Federal 
                        agencies with natural resource and land 
                        management responsibilities;
                          (ii) the amount made available for 
                        the Puerto Rico highway program under 
                        section 165(a)(1);
                          (iii) the amount made available for 
                        the territorial highway program under 
                        section 165(a)(2);
                          (iv) from the amounts made available 
                        for a fiscal year for the urbanized 
                        areas formula grants under section 5307 
                        of title 49, the amounts allocated for 
                        a fiscal year for the passenger ferry 
                        grant program under section 5307(h) of 
                        such title;
                          (v) from the amounts made available 
                        for a fiscal year for the formula 
                        grants for rural areas under section 
                        5311 of such title, the amounts 
                        allocated for a fiscal year for public 
                        transportation on Indian reservations;
                          (vi) from the amounts made available 
                        for a fiscal year for the public 
                        transportation innovation program under 
                        section 5312 of such title--
                                  (I) the amounts allocated for 
                                the zero emission vehicle 
                                component assessment under 
                                section 5312(h) of such title; 
                                and
                                  (II) the amounts allocated 
                                for the transit cooperative 
                                research program under section 
                                5312(i) of such title;
                          (vii) from the amounts made available 
                        for a fiscal year for the technical 
                        assistance and workforce development 
                        program of section 5314 of such title, 
                        the amounts allocated for the national 
                        transit institute under section 5314(c) 
                        of such title;
                          (viii) from the amounts made 
                        available for a fiscal year for the bus 
                        and bus facilities program under 
                        section 5339 of such title, the amounts 
                        allocated for a fiscal year for the 
                        zero emission grants under section 
                        5339(c) of such title;
                          (ix) the amounts made available for 
                        growing States under section 5340(c) of 
                        such title; and
                          (x) the amounts made available for 
                        high density states under section 
                        5340(d) of such title.
  (d) Exclusion of Emergency Relief Program and Covered 
Administrative Expenses.--The Secretary shall exclude the 
emergency relief program under section 125 and section 5324 of 
title 49 and covered administrative expenses from an adjustment 
of funding under subsection (c)(1).
  (e) Authorization of Appropriations.--[There is authorized] 
For fiscal year 2023 and each fiscal year thereafter, there is 
authorized to be appropriated from the appropriate account or 
accounts of the Highway Trust Fund an amount equal to the 
amount of an adjustment for a fiscal year under subsection (b) 
[for any of fiscal years 2017 through 2020].
  (f) Revision to Obligation Limitations.--
          (1) In general.--If the Secretary makes an adjustment 
        under subsection (b) for a fiscal year to an amount 
        subject to a limitation on obligations imposed by 
        [section 1102 or 3018 of the FAST Act] any other 
        provision of law--
                  (A) such limitation on obligations for such 
                fiscal year shall be revised by an amount equal 
                to such adjustment; and
                  (B) the Secretary shall distribute such 
                limitation on obligations, as revised under 
                subparagraph (A), in accordance with such 
                sections.
          (2) Exclusion of covered administrative expenses.--
        The Secretary shall exclude covered administrative 
        expenses from--
                  (A) any calculation relating to a revision of 
                a limitation on obligations under paragraph 
                (1)(A); and
                  (B) any distribution of a revised limitation 
                on obligations under paragraph (1)(B).
  (g) Definitions.--In this section, the following definitions 
apply:
          (1) Covered administrative expenses.--The term 
        ``covered administrative expenses'' means the 
        administrative expenses of--
                  (A) the Federal Highway Administration, as 
                authorized under section 104(a);
                  (B) the National Highway Traffic Safety 
                Administration, as authorized under section 
                4001(a)(6) of the FAST Act; and
                  (C) the Federal Motor Carrier Safety 
                Administration, as authorized under section 
                31110 of title 49.
          (2) Highway account.--The term ``Highway Account'' 
        means the portion of the Highway Trust Fund that is not 
        the Mass Transit Account.
          (3) Mass transit account.--The term ``Mass Transit 
        Account'' means the Mass Transit Account of the Highway 
        Trust Fund established under section 9503(e)(1) of the 
        Internal Revenue Code of 1986.

Sec. 106. Project approval and oversight

  (a) In General.--
          (1) Submission of plans, specifications, and 
        estimates.--Except as otherwise provided in this 
        section, each State transportation department shall 
        submit to the Secretary for approval such plans, 
        specifications, and estimates for each proposed project 
        as the Secretary may require.
          (2) Project agreement.--The Secretary shall act on 
        the plans, specifications, and estimates as soon as 
        practicable after the date of their submission and 
        shall enter into a formal project agreement with the 
        State transportation department recipient formalizing 
        the conditions of the project approval.
          (3) Contractual obligation.--The execution of the 
        project agreement shall be deemed a contractual 
        obligation of the Federal Government for the payment of 
        the Federal share of the cost of the project.
          (4) Guidance.--In taking action under this 
        subsection, the Secretary shall be guided by section 
        109.
  (b) Project Agreement.--
          (1) Provision of state funds.--The project agreement 
        shall make provision for State funds required to pay 
        the State's non-Federal share of the cost of 
        construction of the project (including payments made 
        pursuant to a long-term concession agreement, such as 
        availability payments) and to pay for maintenance of 
        the project after completion of construction.
          (2) Representations of state.--If a part of the 
        project is to be constructed at the expense of, or in 
        cooperation with, political subdivisions of the State, 
        the Secretary may rely on representations made by the 
        State transportation department with respect to the 
        arrangements or agreements made by the State 
        transportation department and appropriate local 
        officials for ensuring that the non-Federal 
        contribution will be provided under paragraph (1).
  (c) Assumption by States of Responsibilities of the 
Secretary.--
          (1) NHS projects.--For projects under this title that 
        are on the National Highway System, including projects 
        on the Interstate System, the State may assume the 
        responsibilities of the Secretary under this title for 
        design, plans, specifications, estimates, contract 
        awards, and inspections with respect to the projects 
        unless the Secretary determines that the assumption is 
        not appropriate.
          (2) Non-nhs projects.--For projects under this title 
        that are not on the National Highway System, the State 
        shall assume the responsibilities of the Secretary 
        under this title for design, plans, specifications, 
        estimates, contract awards, and inspection of projects, 
        unless the State determines that such assumption is not 
        appropriate.
          (3) Agreement.--The Secretary and the State shall 
        enter into an agreement relating to the extent to which 
        the State assumes the responsibilities of the Secretary 
        under this subsection.
          (4) Limitation on interstate projects.--
                  (A) In general.--The Secretary shall not 
                assign any responsibilities to a State for 
                projects the Secretary determines to be in a 
                high risk category, as defined under 
                subparagraph (B).
                  (B) High risk categories.--The Secretary may 
                define the high risk categories under this 
                subparagraph on a national basis, a State-by-
                State basis, or a national and State-by-State 
                basis, as determined to be appropriate by the 
                Secretary.
  (d) Responsibilities of the Secretary.--Nothing in this 
section, section 133, or section 149 shall affect or discharge 
any responsibility or obligation of the Secretary under--
          (1) section 113 or 114; or
          (2) any Federal law other than this title (including 
        section 5333 of title 49).
  (e) Value Engineering Analysis.--
          (1) Definition of value engineering analysis.--
                  (A) In general.--In this subsection, the term 
                ``value engineering analysis'' means a 
                systematic process of review and analysis of a 
                project, during the planning and design phases, 
                by a multidisciplinary team of persons not 
                involved in the project, that is conducted to 
                provide recommendations such as those described 
                in subparagraph (B) for--
                          (i) providing the needed functions 
                        safely, reliably, and at the lowest 
                        overall lifecycle cost;
                          (ii) improving the value and quality 
                        of the project; and
                          (iii) reducing the time to complete 
                        the project.
                  (B) Inclusions.--The recommendations referred 
                to in subparagraph (A) include, with respect to 
                a project--
                          (i) combining or eliminating 
                        otherwise inefficient use of costly 
                        parts of the original proposed design 
                        for the project; and
                          (ii) completely redesigning the 
                        project using different technologies, 
                        materials, or methods so as to 
                        accomplish the original purpose of the 
                        project.
          (2) Analysis.--The State shall provide a value 
        engineering analysis for--
                  (A) each project on the National Highway 
                System receiving Federal assistance with an 
                estimated total cost of $50,000,000 or more;
                  (B) a bridge project on the National Highway 
                System receiving Federal assistance with an 
                estimated total cost of $40,000,000 or more; 
                and
                  (C) any other project the Secretary 
                determines to be appropriate.
          (3) Major projects.--The Secretary may require more 
        than 1 analysis described in paragraph (2) for a major 
        project described in subsection (h).
          (4) Requirements.--
                  (A) Value engineering program.--The State 
                shall develop and carry out a value engineering 
                program that--
                          (i) establishes and documents value 
                        engineering program policies and 
                        procedures;
                          (ii) ensures that the required value 
                        engineering analysis is conducted 
                        before completing the final design of a 
                        project;
                          (iii) ensures that the value 
                        engineering analysis that is conducted, 
                        and the recommendations developed and 
                        implemented for each project, are 
                        documented in a final value engineering 
                        report; and
                          (iv) monitors, evaluates, and 
                        annually submits to the Secretary a 
                        report that describes the results of 
                        the value analyses that are conducted 
                        and the recommendations implemented for 
                        each of the projects described in 
                        paragraph (2) that are completed in the 
                        State.
                  (B) Bridge projects.--The value engineering 
                analysis for a bridge project under paragraph 
                (2) shall--
                          (i) include bridge superstructure and 
                        substructure requirements based on 
                        construction material; and
                          (ii) be evaluated by the State--
                                  (I) on engineering and 
                                economic bases, taking into 
                                consideration acceptable 
                                designs for bridges; and
                                  (II) using an analysis of 
                                lifecycle costs and duration of 
                                project construction.
          (5) Design-build projects.--A requirement to provide 
        a value engineering analysis under this subsection 
        shall not apply to a project delivered using the 
        design-build method of construction.
  (f) Life-Cycle Cost Analysis.--
          (1) Use of life-cycle cost analysis.--The Secretary 
        shall develop recommendations for the States to conduct 
        life-cycle cost analyses. The recommendations shall be 
        based on the principles contained in section 2 of 
        Executive Order No. 12893 and shall be developed in 
        consultation with the American Association of State 
        Highway and Transportation Officials. The Secretary 
        shall not require a State to conduct a life-cycle cost 
        analysis for any project as a result of the 
        recommendations required under this subsection.
          (2) Life-cycle cost analysis defined.--In this 
        subsection, the term ``life-cycle cost analysis'' means 
        a process for evaluating the total economic worth of a 
        usable project segment by analyzing initial costs and 
        discounted future costs, such as maintenance, user 
        costs, reconstruction, rehabilitation, restoring, and 
        resurfacing costs, over the life of the project 
        segment.
  (g) Oversight Program.--
          (1) Establishment.--
                  (A) In general.--The Secretary shall 
                establish an oversight program to monitor the 
                effective and efficient use of funds authorized 
                to carry out this title.
                  (B) Minimum requirement.--At a minimum, the 
                program shall be responsive to all areas 
                relating to financial integrity and project 
                delivery.
          (2) Financial integrity.--
                  (A) Financial management systems.--The 
                Secretary shall perform annual reviews that 
                address elements of the State transportation 
                departments' financial management systems that 
                affect projects approved under subsection (a).
                  (B) Project costs.--The Secretary shall 
                develop minimum standards for estimating 
                project costs and shall periodically evaluate 
                the practices of States for estimating project 
                costs, awarding contracts, and reducing project 
                costs.
          (3) Project delivery.--The Secretary shall perform 
        annual reviews that address elements of the project 
        delivery system of a State, which elements include one 
        or more activities that are involved in the life cycle 
        of a project from conception to completion of the 
        project.
          (4) Responsibility of the states.--
                  (A) In general.--The States shall be 
                responsible for determining that subrecipients 
                of Federal funds under this title have--
                          (i) adequate project delivery systems 
                        for projects approved under this 
                        section; and
                          (ii) sufficient accounting controls 
                        to properly manage such Federal funds.
                  [(B) Periodic review.--The Secretary shall 
                periodically review the monitoring of 
                subrecipients by the States.]
                  (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.
          (5) Specific oversight responsibilities.--
                  (A) Effect of section.--Nothing in this 
                section shall affect or discharge any oversight 
                responsibility of the Secretary specifically 
                provided for under this title or other Federal 
                law.
                  (B) Appalachian development highways.--The 
                Secretary shall retain full oversight 
                responsibilities for the design and 
                construction of all Appalachian development 
                highways under section 14501 of title 40.
          (6) Federal funding exchange programs.--
                  (A) In general.--If a State allows a 
                subrecipient to exchange Federal funds provided 
                under this title that are allocated to such 
                subrecipient for State or local funds, the 
                State must certify to the Secretary that the 
                State--
                          (i) has prevailing wage requirements 
                        that are comparable to the requirements 
                        under section 113 that apply to the use 
                        of such State or local funds; and
                          (ii) shall ensure that the prevailing 
                        wage requirements described in clause 
                        (i) apply to the use of such State or 
                        local funds.
                  (B) Applicability.--The requirements of this 
                paragraph shall apply only if the requirements 
                of section 113 would be applicable to a covered 
                project if such project was carried out using 
                Federal funds.
                  (C) Covered project defined.--In this 
                paragraph, the term ``covered project'' means a 
                project carried out with exchanged State or 
                local funds as described in subparagraph (A).
  (h) Major Projects.--
          (1) In general.--Notwithstanding any other provision 
        of this section, a recipient of Federal financial 
        assistance for a project under this title with an 
        estimated total cost of $500,000,000 or more, and 
        recipients for such other projects as may be identified 
        by the Secretary, shall submit to the Secretary for 
        each project--
                  (A) a project management plan; and
                  (B) an annual financial plan, including a 
                phasing plan when applicable.
          (2) Project management plan.--A project management 
        plan shall document--
                  (A) the procedures and processes that are in 
                effect to provide timely information to the 
                project decisionmakers to effectively manage 
                the scope, costs, schedules, and quality of, 
                and the Federal requirements applicable to, the 
                project; and
                  (B) the role of the agency leadership and 
                management team in the delivery of the project.
          (3) Financial plan.--A financial plan--
                  (A) shall be based on detailed estimates of 
                the cost to complete the project;
                  (B) shall provide for the annual submission 
                of updates to the Secretary that are based on 
                reasonable assumptions[, as determined by the 
                Secretary,] of future increases in the cost to 
                complete the project;
                  (C) may include a phasing plan that 
                identifies fundable incremental improvements or 
                phases that will address the purpose and the 
                need of the project in the short term in the 
                event there are insufficient financial 
                resources to complete the entire project. If a 
                phasing plan is adopted for a project pursuant 
                to this section, the project shall be deemed to 
                satisfy the fiscal constraint requirements in 
                the statewide and metropolitan planning 
                requirements in sections 134 and 135; and
                  (D) [shall assess] 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 the appropriateness of a public-
                private partnership to deliver the project.
  (i) Other Projects.--A recipient of Federal financial 
assistance for a project under this title with an estimated 
total cost of $100,000,000 or more that is not covered by 
subsection (h) shall prepare an annual financial plan. Annual 
financial plans prepared under this subsection shall be made 
available to the Secretary for review upon the request of the 
Secretary.
  (j) Use of Advanced Modeling Technologies.--
          (1) Definition of advanced modeling technology.--In 
        this subsection, the term ``advanced modeling 
        technology'' means an available or developing 
        technology, including 3-dimensional digital modeling, 
        that can--
                  (A) accelerate and improve the environmental 
                review process;
                  (B) increase effective public participation;
                  (C) enhance the detail and accuracy of 
                project designs;
                  (D) increase safety;
                  (E) accelerate construction, and reduce 
                construction costs; or
                  (F) otherwise expedite project delivery with 
                respect to transportation projects that receive 
                Federal funding.
          (2) Program.--With respect to transportation projects 
        that receive Federal funding, the Secretary shall 
        encourage the use of advanced modeling technologies 
        during environmental, planning, financial management, 
        design, simulation, and construction processes of the 
        projects.
          (3) Activities.--In carrying out paragraph (2), the 
        Secretary shall--
                  (A) compile information relating to advanced 
                modeling technologies, including industry best 
                practices with respect to the use of the 
                technologies;
                  (B) disseminate to States information 
                relating to advanced modeling technologies, 
                including industry best practices with respect 
                to the use of the technologies; and
                  (C) promote the use of advanced modeling 
                technologies.
          (4) Comprehensive plan.--The Secretary shall develop 
        and publish on the public website of the Department of 
        Transportation a detailed and comprehensive plan for 
        the implementation of paragraph (2).
  (k) Megaprojects.--
          (1) Comprehensive risk management plan.--To be 
        authorized for the construction of a megaproject, the 
        recipient of Federal financial assistance under this 
        title for such megaproject shall submit to the 
        Secretary a comprehensive risk management plan that 
        contains--
                  (A) a description of the process by which the 
                recipient will identify, quantify, and monitor 
                the risks, including natural hazards, that 
                might result in cost overruns, project delays, 
                reduced construction quality, or reductions in 
                benefits with respect to the megaproject;
                  (B) examples of mechanisms the recipient will 
                use to track risks identified pursuant to 
                subparagraph (A);
                  (C) a plan to control such risks; and
                  (D) such assurances as the Secretary 
                determines appropriate that the recipient 
                shall, with respect to the megaproject--
                          (i) regularly submit to the Secretary 
                        updated cost estimates; and
                          (ii) maintain and regularly reassess 
                        financial reserves for addressing known 
                        and unknown risks.
          (2) Peer review group.--
                  (A) In general.--Not later than 90 days after 
                the date on which a megaproject is authorized 
                for construction, the recipient of Federal 
                financial assistance under this title for such 
                megaproject shall establish a peer review group 
                for such megaproject that consists of at least 
                5 individuals (including at least 1 individual 
                with project management experience) to give 
                expert advice on the scientific, technical, and 
                project management aspects of the megaproject.
                  (B) Membership.--
                          (i) In general.--Not later than 180 
                        days after the date of enactment of 
                        this subsection, the Secretary shall 
                        establish guidelines describing how a 
                        recipient described in subparagraph (A) 
                        shall--
                                  (I) recruit and select 
                                members for a peer review group 
                                established under such 
                                subparagraph; and
                                  (II) make publicly available 
                                the criteria for such selection 
                                and identify the members so 
                                selected.
                          (ii) Conflict of interest.--No member 
                        of a peer review group for a 
                        megaproject may have a direct or 
                        indirect financial interest in such 
                        megaproject.
                  (C) Tasks.--A peer review group established 
                under subparagraph (A) by a recipient of 
                Federal financial assistance for a megaproject 
                shall--
                          (i) meet annually until completion of 
                        the megaproject;
                          (ii) not later than 90 days after the 
                        date of the establishment of the peer 
                        review group and not later than 90 days 
                        after the date of any significant 
                        change, as determined by the Secretary, 
                        to the scope, schedule, or budget of 
                        the megaproject, review the scope, 
                        schedule, and budget of the 
                        megaproject, including planning, 
                        engineering, financing, and any other 
                        elements determined appropriate by the 
                        Secretary; and
                          (iii) submit to the Secretary, 
                        Congress, and such recipient a report 
                        on the findings of each review under 
                        clause (ii).
          (3) Transparency.--Not later than 90 days after the 
        submission of a report under paragraph (2)(C)(iii), the 
        Secretary shall publish on the website of the 
        Department of Transportation such report.
          (4) Megaproject defined.--In this subsection, the 
        term ``megaproject'' means a project under this title 
        that has an estimated total cost of $2,000,000,000 or 
        more, and such other projects as may be identified by 
        the Secretary.
  (l) Special Experimental Projects.--
          (1) Public availability.--The Secretary shall publish 
        on the website of the Department of Transportation a 
        copy of all letters of interest, proposals, workplans, 
        and reports related to the special experimental project 
        authority pursuant to section 502(b). The Secretary 
        shall redact confidential business information, as 
        necessary, from any such information published.
          (2) Notification.--Not later than 3 days before 
        making a determination to proceed with an experiment 
        under a letter of interest described in paragraph (1), 
        the Secretary shall provide notification and a 
        description of the proposed experiment to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate.
          (3) Report to congress.--Not later than 2 years after 
        the date of enactment of the INVEST in America Act, the 
        Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate a report that includes--
                  (A) a summary of each experiment described in 
                this subsection carried out over the previous 5 
                years; and
                  (B) legislative recommendations, if any, 
                based on the findings of such experiments.
  (m) Competitive Grant Program Oversight and Accountability.--
          (1) In general.--To ensure the accountability and 
        oversight of the discretionary grant selection process 
        administered by the Secretary, a covered program shall 
        be subject to the requirements of this section, in 
        addition to the requirements applicable to each covered 
        program.
          (2) Application process.--The Secretary shall--
                  (A) develop a template for applicants to use 
                to summarize--
                          (i) project needs and benefits; and
                          (ii) any factors, requirements, or 
                        considerations established for the 
                        applicable covered program;
                  (B) create a data driven process to evaluate, 
                as set forth in the covered program, each 
                eligible project for which an application is 
                received; and
                  (C) make a determination, based on the 
                evaluation made pursuant to subparagraph (B), 
                on any ratings, rankings, scores, or similar 
                metrics for applications made to the covered 
                program.
          (3) Notification of congress.--Not less than 15 days 
        before making a grant for a covered program, the 
        Secretary shall notify, in writing, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on the Environment 
        and Public Works of the Senate of--
                  (A) the amount for each project proposed to 
                be selected;
                  (B) a description of the review process;
                  (C) for each application, the determination 
                made under paragraph (2)(C); and
                  (D) a detailed explanation of the basis for 
                each award proposed to be selected.
          (4) Notification of applicants.--Not later than 30 
        days after making a grant for a project under a covered 
        program, the Secretary shall send to all applicants 
        under such covered program, and publish on the website 
        of the Department of Transportation--
                  (A) a summary of each application made to the 
                covered program for the given round of funding; 
                and
                  (B) the evaluation and justification for the 
                project selection, including all ratings, 
                rankings, scores, or similar metrics for 
                applications made to the covered program for 
                the given round of funding during each phase of 
                the grant selection process.
          (5) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant of a covered program, the 
        opportunity to receive a briefing to explain any 
        reasons the grant applicant was not awarded a grant.
          (6) Template.--The Secretary shall, to the extent 
        practicable, develop a template as described in 
        paragraph (2)(A) for any discretionary program 
        administered by the Secretary that is not a covered 
        program.
          (7) Covered program defined.--The term ``covered 
        program'' means each of the following discretionary 
        grant programs:
                  (A) Community climate innovation grants under 
                section 172.
                  (B) Federal lands and tribal major projects 
                grants under section 208.
                  (C) Mobility through advanced technologies 
                grants under section 503(c)(4).
                  (D) Rebuild rural bridges program under 
                section 1307 of the INVEST in America Act.
                  (E) Parking for commercial motor vehicle 
                grants under section 1308 of the INVEST in 
                America Act.
                  (F) Active connected transportation grants 
                under section 1309 of the INVEST in America 
                Act.
                  (G) Wildlife crossings grants under section 
                1310 of the INVEST in America Act.
                  (H) Reconnecting neighborhoods capital 
                construction grants under section 1311(d) of 
                the INVEST in America Act.

Sec. 107. Acquisition of rights-of-way--Interstate System

  (a) In any case in which the Secretary is requested by a 
State to acquire lands or interests in lands (including within 
the term ``interests in lands'', the control of access thereto 
from adjoining lands) required by such State for right-of-way 
or other purposes in connection with the prosecution of any 
project for the construction, reconstruction, or improvement of 
any section of the Interstate System, the Secretary is 
authorized, in the name of the United States and prior to the 
approval of title by the Attorney General, to acquire, enter 
upon, and take possession of such lands or interests in lands 
by purchase, donation, condemnation, or otherwise in accordance 
with the laws of the United States (including sections 3114 to 
3116 and 3118 of title 40), if--
          (1) the Secretary has determined either that the 
        State is unable to acquire necessary lands or interests 
        in lands, or is unable to acquire such lands or 
        interests in lands with sufficient promptness; and
          (2) the State has agreed with the Secretary to pay, 
        at such time as may be specified by the Secretary an 
        amount equal to 10 per centum of the costs incurred by 
        the Secretary, in acquiring such lands or interests in 
        lands, or such lesser percentage which represents the 
        State's pro rata share of project costs as determined 
        in accordance with [subsection (c) of] section 120 of 
        this title.
The authority granted by this section shall also apply to lands 
and interests in lands received as grants of land from the 
United States and owned or held by railroads or other 
corporations.
  (b) The costs incurred by the Secretary in acquiring any such 
lands or interests in lands may include the cost of examination 
and abstract of title, certificate of title, advertising, and 
any fees incidental to such acquisition. All costs incurred by 
the Secretary in connection with the acquisition of any such 
lands or interests in lands shall be paid from the funds for 
construction, reconstruction, or improvement of the Interstate 
System apportioned to the State upon the request of which such 
lands or interests in lands are acquired, and any sums paid to 
the Secretary by such State as its share of the costs of 
acquisition of such lands or interests in lands shall be 
deposited in the Treasury to the credit of the appropriation 
for Federal-aid highways and shall be credited to the amount 
apportioned to such State as its apportionment of funds for 
construction, reconstruction, or improvement of the Interstate 
System, or shall be deducted from other moneys due the State 
for reimbursement from funds authorized to be appropriated 
under section 108(b) of the Federal-Aid Highway Act of 1956.
  (c) The Secretary is further authorized and directed by 
proper deed, executed in the name of the United States, to 
convey any such lands or interests in lands acquired in any 
State under the provisions of this section, except the outside 
five feet of any such right-of-way in any State which does not 
provide control of access, to the State transportation 
department of such State or such political subdivision thereof 
as its laws may provide, upon such terms and conditions as to 
such lands or interests in lands as may be agreed upon by the 
Secretary and the State transportation department or political 
subdivisions to which the conveyance is to be made. Whenever 
the State makes provision for control of access satisfactory to 
the Secretary, the outside five feet then shall be conveyed to 
the State by the Secretary, as herein provided.
  (d) Whenever rights-of-way, including control of access, on 
the Interstate System are required over lands or interests in 
lands owned by the United States, the Secretary may make such 
arrangements with the agency having jurisdiction over such 
lands as may be necessary to give the State or other person 
constructing the projects on such lands adequate rights-of-way 
and control of access thereto from adjoining lands, and any 
such agency is directed to cooperate with the Secretary in this 
connection.

Sec. 108. Advance acquisition of real property

  (a) In General.--
          (1) Availability of funds.--For the purpose of 
        facilitating the timely and economical acquisition of 
        real property interests for a transportation 
        improvement eligible for funding under this title, the 
        Secretary, upon the request of a State, may make 
        available, for the acquisition of real property 
        interests, such funds apportioned to the State as may 
        be expended on the transportation improvement, under 
        such rules and regulations as the Secretary may issue.
          (2) Construction.--The agreement between the 
        Secretary and the State for the reimbursement of the 
        cost of the real property interests shall provide for 
        the actual construction of the transportation 
        improvement within a period not to exceed 20 years 
        following the fiscal year for which the request is 
        made, unless the Secretary determines that a longer 
        period is reasonable.
  (b) Federal participation in the cost of real property 
interests acquired under subsection (a) of this section shall 
not exceed the Federal pro rata share applicable to the class 
of funds from which Federal reimbursement is made.
  (c) State-funded Early Acquisition of Real Property 
Interests.--
          (1) In general.--A State may carry out, at the 
        expense of the State, acquisitions of interests in real 
        property for a project before completion of the review 
        process required for the project under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) without affecting subsequent approvals required 
        for the project by the State or any Federal agency.
          (2) Eligibility for reimbursement.--Subject to 
        paragraph (3), funds apportioned to a State under this 
        title may be used to participate in the payment of--
                  (A) costs incurred by the State for 
                acquisition of real property interests, 
                acquired in advance of any Federal approval or 
                authorization, if the real property interests 
                are subsequently incorporated into a project 
                eligible for surface transportation [block 
                grant] program funds; and
                  (B) costs incurred by the State for the 
                acquisition of land necessary to preserve 
                environmental and scenic values.
          (3) Terms and conditions.--The Federal share payable 
        of the costs described in paragraph (2) shall be 
        eligible for reimbursement out of funds apportioned to 
        a State under this title when the real property 
        interests acquired are incorporated into a project 
        eligible for surface transportation [block grant] 
        program funds, if the State demonstrates to the 
        Secretary and the Secretary finds that--
                  (A) any land acquired, and relocation 
                assistance provided, complied with the Uniform 
                Relocation Assistance and Real Property 
                Acquisition Policies Act of 1970;
                  (B) the requirements of title VI of the Civil 
                Rights Act of 1964 have been complied with;
                  (C) the State has a mandatory comprehensive 
                and coordinated land use, environment, and 
                transportation planning process under State law 
                and the acquisition is certified by the 
                Governor as consistent with the State plans 
                before the acquisition;
                  (D) the acquisition is determined in advance 
                by the Governor to be consistent with the State 
                transportation planning process pursuant to 
                section 135 of this title;
                  (E) the alternative for which the real 
                property interest is acquired is selected by 
                the State pursuant to regulations to be issued 
                by the Secretary which provide for the 
                consideration of the environmental impacts of 
                various alternatives;
                  (F) before the time that the cost incurred by 
                a State is approved for Federal participation, 
                environmental compliance pursuant to the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) has been completed for the 
                project for which the real property interest 
                was acquired by the State, and the acquisition 
                has been approved by the Secretary under [this 
                Act] this title, and in compliance with section 
                303 of title 49, section 7 of the Endangered 
                Species Act, and all other applicable 
                environmental laws shall be identified by the 
                Secretary in regulations; and
                  (G) before the time that the cost incurred by 
                a State is approved for Federal participation, 
                the Secretary has determined that the property 
                acquired in advance of Federal approval or 
                authorization did not influence the 
                environmental assessment of the project, the 
                decision relative to the need to construct the 
                project, or the selection of the project design 
                or location.
  (d) Federally Funded Early Acquisition of Real Property 
Interests.--
          (1) Definition of acquisition of a real property 
        interest.--In this subsection, the term ``acquisition 
        of a real property interest'' includes the acquisition 
        of--
                  (A) any interest in land;
                  (B) a contractual right to acquire any 
                interest in land; or
                  (C) any other similar action to acquire or 
                preserve rights-of-way for a transportation 
                facility.
          (2) Authorization.--The Secretary may authorize the 
        use of funds apportioned to a State under this title 
        for the acquisition of a real property interest by a 
        State.
          (3) State certification.--A State requesting Federal 
        funding for an acquisition of a real property interest 
        shall certify in writing, with concurrence by the 
        Secretary, that--
                  (A) the State has authority to acquire the 
                real property interest under State law; and
                  (B) the acquisition of the real property 
                interest--
                          (i) is for a transportation purpose;
                          (ii) will not cause any significant 
                        adverse environmental impact;
                          (iii) will not limit the choice of 
                        reasonable alternatives for the project 
                        or otherwise influence the decision of 
                        the Secretary on any approval required 
                        for the project;
                          (iv) does not prevent the lead agency 
                        from making an impartial decision as to 
                        whether to accept an alternative that 
                        is being considered in the 
                        environmental review process;
                          (v) is consistent with the State 
                        transportation planning process under 
                        section 135;
                          (vi) complies with other applicable 
                        Federal laws (including regulations);
                          (vii) will be acquired through 
                        negotiation, without the threat of 
                        condemnation; and
                          (viii) will not result in a reduction 
                        or elimination of benefits or 
                        assistance to a displaced person 
                        required by the Uniform Relocation 
                        Assistance and Real Property 
                        Acquisition Policies Act of 1970 (42 
                        U.S.C. 4601 et seq.) and title VI of 
                        the Civil Rights Act of 1964 (42 U.S.C. 
                        2000d et seq.).
          (4) Environmental compliance.--
                  (A) In general.--Before authorizing Federal 
                funding for an acquisition of a real property 
                interest, the Secretary shall complete the 
                review process under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
                with respect to the acquisition of the real 
                property interest.
                  (B) Independent utility.--The acquisition of 
                a real property interest--
                          (i) shall be treated as having 
                        independent utility for purposes of the 
                        review process under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.); and
                          (ii) shall not limit consideration of 
                        alternatives for future transportation 
                        improvements with respect to the real 
                        property interest.
          (5) Programming.--
                  (A) In general.--The acquisition of a real 
                property interest for which Federal funding is 
                requested shall be included as a project in an 
                applicable transportation improvement program 
                under sections 134 and 135 and sections 5303 
                and 5304 of title 49.
                  (B) Acquisition project.--The acquisition 
                project may consist of the acquisition of a 
                specific parcel, a portion of a transportation 
                corridor, or an entire transportation corridor.
          (6) Development.--Real property interests acquired 
        under this subsection may not be developed in 
        anticipation of a project until all required 
        environmental reviews for the project have been 
        completed.
          (7) Reimbursement.--If Federal-aid reimbursement is 
        made for real property interests acquired early under 
        this section and the real property interests are not 
        subsequently incorporated into a project eligible for 
        surface transportation funds within the time allowed by 
        subsection (a)(2), the Secretary shall offset the 
        amount reimbursed against funds apportioned to the 
        State.
          (8) Other requirements and conditions.--
                  (A) Applicable law.--The acquisition of a 
                real property interest shall be carried out in 
                compliance with all requirements applicable to 
                the acquisition of real property interests for 
                federally funded transportation projects.
                  (B) Additional conditions.--The Secretary may 
                establish such other conditions or restrictions 
                on acquisitions under this subsection as the 
                Secretary determines to be appropriate.

Sec. 109. Standards

  (a) In General.--The Secretary shall ensure that the plans 
and specifications for each proposed highway project under this 
chapter provide for a facility that will--
          (1) adequately serve the existing and [planned future 
        traffic of the highway in a manner that is conducive 
        to] future operational performance of the facility in a 
        manner that enhances safety, durability, and economy of 
        maintenance; and
          (2) be designed and constructed in accordance with 
        criteria best suited to accomplish the objectives 
        described in paragraph (1) and to conform to the 
        particular needs of each locality, taking into 
        consideration context sensitive design principles.
  (b) [The geometric] Design Criteria for the Interstate 
System._The geometric  and construction standards to be adopted 
for the Interstate System shall be those approved by the 
Secretary in cooperation with the State transportation 
departments. Such standards, as applied to each actual 
construction project, shall be adequate to enable such project 
to accommodate [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] the existing and future 
operational performance of the facility. Such standards shall 
in all cases provide for at least four lanes of traffic. The 
right-of-way width of the Interstate System shall be adequate 
to permit construction of projects on the Interstate System to 
such standards. The Secretary shall apply such standards 
uniformly throughout all the States.
  (c) Design Criteria for National Highway System.--
          (1) In general.--A design for new construction, 
        reconstruction, resurfacing (except for maintenance 
        resurfacing), restoration, or rehabilitation of a 
        highway on the National Highway System (other than a 
        highway also on the Interstate System) shall consider, 
        in addition to the criteria described in subsection 
        (a)--
                  (A) the constructed and natural environment 
                of the area;
                  (B) the environmental, scenic, aesthetic, 
                historic, community, and preservation impacts 
                of the activity;
                  (C) cost savings by utilizing flexibility 
                that exists in current design guidance and 
                regulations[; and];
                  (D) access for other modes of 
                transportation[.]; and
                  (E) context sensitive design principles.
          (2) Development of criteria.--The Secretary, in 
        cooperation with State transportation departments, may 
        develop criteria to implement paragraph (1). In 
        developing criteria under this paragraph, the Secretary 
        shall consider--
                  (A) the results of the committee process of 
                the American Association of State Highway and 
                Transportation Officials as used in adopting 
                and publishing ``A Policy on Geometric Design 
                of Highways and Streets'', including comments 
                submitted by interested parties as part of such 
                process;
                  (B) the publication entitled ``Flexibility in 
                Highway Design'' of the Federal Highway 
                Administration;
                  (C) ``Eight Characteristics of Process to 
                Yield Excellence and the Seven Qualities of 
                Excellence in Transportation Design'' developed 
                by the conference held during 1998 entitled 
                ``Thinking Beyond the Pavement National 
                Workshop on Integrating Highway Development 
                with Communities and the Environment while 
                Maintaining Safety and Performance'';
                  (D) the publication entitled ``Highway Safety 
                Manual'' of the American Association of State 
                Highway and Transportation Officials;
                  (E) the publication entitled ``Urban Street 
                Design Guide'' of the National Association of 
                City Transportation Officials; and
                  (F) any other material that the Secretary 
                determines to be appropriate.
  (d) On any highway project in which Federal funds hereafter 
participate, or on any such project constructed since December 
20, 1944, the location, form and character of informational, 
regulatory and warning signs, curb and pavement or other 
markings, and traffic signals installed or placed by any public 
authority or other agency, shall be subject to the approval of 
the State transportation department with the concurrence of the 
Secretary, who is directed to concur only in such installations 
as will promote the safe and efficient utilization of the 
highways.
  (e) Installation of Safety Devices.--
          (1) Highway and railroad grade crossings and 
        drawbridges.--No funds shall be approved for 
        expenditure on any Federal-aid highway, or highway 
        affected under chapter 2 of this title, unless proper 
        safety protective devices complying with safety 
        standards determined by the Secretary at that time as 
        being adequate shall be installed or be in operation at 
        any highway and railroad grade crossing or drawbridge 
        on that portion of the highway with respect to which 
        such expenditures are to be made.
          (2) Temporary traffic control devices.--No funds 
        shall be approved for expenditure on any Federal-aid 
        highway, or highway affected under chapter 2, unless 
        proper temporary traffic control devices to improve 
        safety in work zones will be installed and maintained 
        during construction, utility, and maintenance 
        operations on that portion of the highway with respect 
        to which such expenditures are to be made. Installation 
        and maintenance of the devices shall be in accordance 
        with the Manual on Uniform Traffic Control Devices.
  (f) The Secretary shall not, as a condition precedent to his 
approval under section 106 of this title, require any State to 
acquire title to, or control of, any marginal land along the 
proposed highway in addition to that reasonably necessary for 
road surfaces, median strips, bikeways, pedestrian walkways, 
gutters, ditches, and side slopes, and of sufficient width to 
provide service roads for adjacent property to permit safe 
access at controlled locations in order to expedite traffic, 
promote safety, and minimize roadside parking.
  (g) Not later than January 30, 1971, the Secretary shall 
issue guidelines for minimizing possible soil erosion from 
highway construction. Such guidelines shall apply to all 
proposed projects with respect to which plans, specifications, 
and estimates are approved by the Secretary after the issuance 
of such guidelines.
  (h) Not later than July 1, 1972, the Secretary, after 
consultation with appropriate Federal and State officials, 
shall submit to Congress, and not later than 90 days after such 
submission, promulgate guidelines designed to assure that 
possible adverse economic, social, and environmental effects 
relating to any proposed project on any Federal-aid system have 
been fully considered in developing such project, and that the 
final decisions on the project are made in the best overall 
public interest, taking into consideration the need for fast, 
safe and efficient transportation, public services, and the 
costs of eliminating or minimizing such adverse effects and the 
following:
          (1) air, noise, and water pollution;
          (2) destruction or disruption of man-made and natural 
        resources, aesthetic values, community cohesion and the 
        availability of public facilities and services;
          (3) adverse employment effects, and tax and property 
        value losses;
          (4) injurious displacement of people, businesses and 
        farms; and
          (5) disruption of desirable community and regional 
        growth.
Such guidelines shall apply to all proposed projects with 
respect to which plans, specifications, and estimates are 
approved by the Secretary after the issuance of such 
guidelines.
  (i) The Secretary, after consultation with appropriate 
Federal, State, and local officials, shall develop and 
promulgate standards for highway noise levels compatible with 
different land uses and after July 1, 1972, shall not approve 
plans and specifications for any proposed project on any 
Federal-aid system for which location approval has not yet been 
secured unless he determines that such plans and specifications 
include adequate measures to implement the appropriate noise 
level standards. The Secretary, after consultation with the 
Administrator of the Environmental Protection Agency and 
appropriate Federal, State, and local officials, may promulgate 
standards for the control of highway noise levels for highways 
on any Federal-aid system for which project approval has been 
secured prior to July 1, 1972. The Secretary may approve any 
project on a Federal-aid system to which noise-level standards 
are made applicable under the preceding sentence for the 
purpose of carrying out such standards. Such project may 
include, but is not limited to, the acquisition of additional 
rights-of-way, the construction of physical barriers, and 
landscaping. Sums apportioned for the Federal-aid system on 
which such project will be located shall be available to 
finance the Federal share of such project. Such project shall 
be deemed a highway project for all purposes of this title.
  (j) The Secretary, after consultation with the Administrator 
of the Environmental Protection Agency, shall develop and 
promulgate guidelines to assure that highways constructed 
pursuant to this title are consistent with any approved plan 
for--
          (1) the implementation of a national ambient air 
        quality standard for each pollutant for which an area 
        is designated as a nonattainment area under section 
        107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or
          (2) the maintenance of a national ambient air quality 
        standard in an area that was designated as a 
        nonattainment area but that was later redesignated by 
        the Administrator as an attainment area for the 
        standard and that is required to develop a maintenance 
        plan under section 175A of the Clean Air Act (42 U.S.C. 
        7505a).
  (k) The Secretary shall not approve any project involving 
approaches to a bridge under this title, if such project and 
bridge will significantly affect the traffic volume and the 
highway system of a contiguous State without first taking into 
full consideration the views of that State.
  (l)(1) In determining whether any right-of-way on any 
Federal-aid highway should be used for accommodating any 
utility facility, the Secretary shall--
          (A) first ascertain the effect such use will have on 
        highway and traffic safety, since in no case shall any 
        use be authorized or otherwise permitted, under this or 
        any other provision of law, which would adversely 
        affect safety;
          (B) evaluate the direct and indirect environmental 
        and economic effects of any loss of productive 
        agricultural land or any impairment of the productivity 
        of any agricultural land which would result from the 
        disapproval of the use of such right-of-way for the 
        accommodation of such utility facility; and
          (C) consider such environmental and economic effects 
        together with any interference with or impairment of 
        the use of the highway in such right-of-way which would 
        result from the use of such right-of-way for the 
        accommodation of such utility facility.
  (2) For the purpose of this subsection--
          (A) the term ``utility facility'' means any 
        privately, publicly, or cooperatively owned line, 
        facility, or system for producing, transmitting, or 
        distributing communications, power, electricity, light, 
        heat, gas, oil, crude products, water, steam, waste, 
        storm water not connected with highway drainage, or any 
        other similar commodity, including any fire or police 
        signal system or street lighting system, which directly 
        or indirectly serves the public; and
          (B) the term ``right-of-way'' means any real 
        property, or interest therein, acquired, dedicated, or 
        reserved for the construction, operation, and 
        maintenance of a highway.
  (m) Protection of Nonmotorized Transportation Traffic.--The 
Secretary shall not approve any project or take any regulatory 
action under this title that will result in the severance of an 
existing major route or have significant adverse impact on the 
safety for nonmotorized transportation traffic and light 
motorcycles, unless such project or regulatory action provides 
for a reasonable alternate route or such a route exists.
  (n) It is the intent of Congress that any project for 
resurfacing, restoring, or rehabilitating any highway, other 
than a highway access to which is fully controlled, in which 
Federal funds participate shall be constructed in accordance 
with standards to preserve and extend the service life of 
highways and enhance highway safety.
  [(o) Compliance With State Laws for Non-NHS Projects.--
Projects (other than highway projects on the National Highway 
System) shall be designed, constructed, operated, and 
maintained in accordance with State laws, regulations, 
directives, safety standards, design standards, and 
construction standards.]
  (o) Compliance With State Laws for Non-NHS Projects.--
          (1) In general.--Projects (other than highway 
        projects on the National Highway System) shall--
                  (A) be designed, constructed, operated, and 
                maintained in accordance with State laws, 
                regulations, directives, safety standards, 
                design standards, and construction standards; 
                and
                  (B) take into consideration context sensitive 
                design principles.
          (2) Design flexibility.--
                  (A) In general.--
                          (i) In general.--A local jurisdiction 
                        may select the most appropriate design 
                        publication for the roadway context in 
                        which the local jurisdiction is located 
                        for the design of a project on a 
                        roadway (other than a highway on the 
                        National Highway System) if--
                                  (I) the local jurisdiction 
                                provides notification and 
                                justification of the use of 
                                such design publication to any 
                                State in which the project is 
                                located; and
                                  (II) the design complies with 
                                all other applicable Federal 
                                and State laws.
                          (ii) Review.--If a State rejects a 
                        local jurisdiction's selection of a 
                        design publication under this 
                        subparagraph, the local jurisdiction 
                        may submit notification and 
                        justification of such use to the 
                        Secretary. The Secretary shall make a 
                        determination to approve or deny such 
                        submission not later than 90 days after 
                        receiving such submission.
                  (B) State-owned roads.--In the case of a 
                roadway under the ownership of the State, the 
                local jurisdiction may select the most 
                appropriate design publication only with the 
                concurrence of the State.
                  (C) Programmatic basis.--The Secretary may 
                consider the use of a design publication under 
                this paragraph on a programmatic basis.
  (p) Scenic and Historic Values.--Notwithstanding subsections 
(b) and (c), the Secretary may approve a project for the 
National Highway System if the project is designed to--
          (1) allow for the preservation of environmental, 
        scenic, or historic values;
          (2) ensure safe use of the facility; and
          (3) comply with subsection (a).
  (q) Phase Construction.--Safety considerations for a project 
under this title may be met by phase construction consistent 
with the operative safety management system established in 
accordance with a statewide transportation improvement program 
approved by the Secretary.
  (r) Pavement Markings.--The Secretary shall not approve any 
pavement markings project that includes the use of glass beads 
containing more than 200 parts per million of arsenic or lead, 
as determined in accordance with Environmental Protection 
Agency testing methods 3052, 6010B, or 6010C.
  (s) Context Sensitive Design.--
          (1) Context sensitive design principles.--The 
        Secretary shall consult with State and local officials 
        prior to approving any roadway design publications 
        under this section to ensure that the design 
        publications provide adequate flexibility for a project 
        sponsor to select the appropriate design of a roadway, 
        consistent with context sensitive design principles.
          (2) Policies or procedures.--
                  (A) In general.--Not later than 1 year after 
                the Secretary publishes the final guidance 
                described in paragraph (3), each State shall 
                adopt policies or procedures to evaluate the 
                context of a proposed roadway and select the 
                appropriate design, consistent with context 
                sensitive design principles.
                  (B) Local governments.--The Secretary and 
                States shall encourage local governments to 
                adopt policies or procedures described under 
                subparagraph (A).
                  (C) Considerations.--The policies or 
                procedures developed under this paragraph shall 
                take into consideration the guidance developed 
                by the Secretary under paragraph (3).
          (3) Guidance.--
                  (A) In general.--
                          (i) Notice.--Not later than 1 year 
                        after the date of enactment of this 
                        subsection, the Secretary shall publish 
                        guidance on the official website of the 
                        Department of Transportation on context 
                        sensitive design.
                          (ii) Public review and comment.--The 
                        guidance described in this paragraph 
                        shall be finalized following an 
                        opportunity for public review and 
                        comment.
                          (iii) Update.--The Secretary shall 
                        periodically update the guidance 
                        described in this paragraph, including 
                        the model policies or procedures 
                        described under subparagraph (B)(v).
                  (B) Contents.--The guidance described in this 
                paragraph shall--
                          (i) provide best practices for 
                        States, metropolitan planning 
                        organizations, regional transportation 
                        planning organizations, local 
                        governments, or other project sponsors 
                        to implement context sensitive design 
                        principles;
                          (ii) identify opportunities to modify 
                        planning, scoping, design, and 
                        development procedures to more 
                        effectively combine modes of 
                        transportation into integrated 
                        facilities that meet the needs of each 
                        of such modes of transportation in an 
                        appropriate balance;
                          (iii) identify metrics to assess the 
                        context of the facility, including 
                        surrounding land use or roadside 
                        characteristics;
                          (iv) assess the expected operational 
                        and safety performance of facility 
                        design; and
                          (v) establish model policies or 
                        procedures, consistent with the 
                        findings of such guidance, for a State 
                        or other project sponsor to evaluate 
                        the context of a proposed facility and 
                        select the appropriate facility design 
                        for the context.
                  (C) Topics of emphasis.--In addition to the 
                contents in subparagraph (B), the guidance 
                shall emphasize--
                          (i) procedures for identifying the 
                        needs of users of all ages and 
                        abilities of a particular roadway;
                          (ii) procedures for identifying the 
                        types and designs of facilities needed 
                        to serve various modes of 
                        transportation;
                          (iii) safety and other benefits 
                        provided by carrying out context 
                        sensitive design principles;
                          (iv) common barriers to carrying out 
                        context sensitive design principles;
                          (v) procedures for overcoming the 
                        most common barriers to carrying out 
                        context sensitive design principles;
                          (vi) procedures for identifying the 
                        costs associated with carrying out 
                        context sensitive design principles;
                          (vii) procedures for maximizing local 
                        cooperation in the introduction of 
                        context sensitive design principles and 
                        carrying out those principles; and
                          (viii) procedures for assessing and 
                        modifying the facilities and 
                        operational characteristics of existing 
                        roadways to improve consistency with 
                        context sensitive design principles.
          (4) Funding.--Amounts made available under sections 
        104(b)(6) and 505 of this title may be used for States, 
        local governments, metropolitan planning organizations, 
        or regional transportation planning organizations to 
        adopt policies or procedures to evaluate the context of 
        a proposed roadway and select the appropriate design, 
        consistent with context sensitive design principles.
  (t) Projects in Flood-Prone Areas.--For projects and actions 
that, in whole or in part, encroach within the limits of a 
flood-prone area, the Secretary shall ensure that such projects 
and actions are--
          (1) designed and constructed in a way that takes into 
        account, and mitigates where appropriate, flood risk by 
        using hydrologic, hydraulic, and hydrodynamic data, 
        methods, and analysis that integrate current and 
        projected changes in flooding based on climate science 
        over the anticipated service life of the asset and 
        future forecasted land use changes; and
          (2) designed using analysis that considers the 
        capital costs, risks, and other economic, engineering, 
        social and environmental concerns of constructing a 
        project in a flood-prone area.

           *       *       *       *       *       *       *


Sec. 111. Agreements relating to use of and access to rights-of-way--
                    Interstate System

  (a) In General.--All agreements between the Secretary and the 
State transportation department for the construction of 
projects on the Interstate System shall contain a clause 
providing that the State will not add any points of access to, 
or exit from, the project in addition to those approved by the 
Secretary in the plans for such project, without the prior 
approval of the Secretary. Such agreements shall also contain a 
clause providing that the State will not permit automotive 
service stations or other commercial establishments for serving 
motor vehicle users to be constructed or located on the rights-
of-way of the Interstate System and will not change the 
boundary of any right-of-way on the Interstate System to 
accommodate construction of, or afford access to, an automotive 
service station or other commercial establishment. Such 
agreements may, however, authorize a State or political 
subdivision thereof to use or permit the use of the airspace 
above and below the established grade line of the highway 
pavement for such purposes as will not impair the full use and 
safety of the highway, as will not require or permit vehicular 
access to such space directly from such established grade line 
of the highway, or otherwise interfere in any way with the free 
flow of traffic on the Interstate System. Nothing in this 
section, or in any agreement entered into under this section, 
shall require the discontinuance, obstruction, or removal of 
any establishment for serving motor vehicle users on any 
highway which has been, or is hereafter, designated as a 
highway or route on the Interstate System (1) if such 
establishment (A) was in existence before January 1, 1960, (B) 
is owned by a State, and (C) is operated through 
concessionaries or otherwise, and (2) if all access to, and 
exits from, such establishment conform to the standards 
established for such a highway under this title.
  (b) Rest Areas.--
          (1) In general.--Notwithstanding subsection (a), the 
        Secretary shall permit a State to acquire, construct, 
        operate, and maintain a rest area along a highway on 
        the Interstate System in such State.
          (2) Limited activities.--The Secretary shall permit 
        limited commercial activities within a rest area under 
        paragraph (1), if the activities are available only to 
        customers using the rest area and are limited to--
                  (A) commercial advertising and media displays 
                if such advertising and displays are--
                          (i) exhibited solely within any 
                        facility constructed in the rest area; 
                        and
                          (ii) not legible from the main 
                        traveled way;
                  (B) items designed to promote tourism in the 
                State, limited to books, DVDs, and other media;
                  (C) tickets for events or attractions in the 
                State of a historical or tourism-related 
                nature;
                  (D) travel-related information, including 
                maps, travel booklets, and hotel coupon 
                booklets; and
                  (E) lottery machines, provided that the 
                priority afforded to blind vendors under 
                subsection (c) applies to this subparagraph.
          (3) Private operators.--A State may permit a private 
        party to operate such commercial activities.
          (4) Limitation on use of revenues.--A State shall use 
        any revenues received from the commercial activities in 
        a rest area under this section to cover the costs of 
        acquiring, constructing, operating, and maintaining 
        rest areas in the State.
  (c) Vending Machines.--Notwithstanding subsection (a), any 
State may permit the placement of vending machines in rest and 
recreation areas, and in safety rest areas, constructed or 
located on rights-of-way of the Interstate System in such 
State. Such vending machines may only dispense such food, 
drink, and other articles as the State transportation 
department determines are appropriate and desirable. Such 
vending machines may only be operated by the State. In 
permitting the placement of vending machines, the State shall 
give priority to vending machines which are operated through 
the State licensing agency designated pursuant to section 
2(a)(5) of the Act of June 20, 1936, commonly known as the 
``Randolph-Sheppard Act'' (20 U.S.C. 107a(a)(5)). The costs of 
installation, operation, and maintenance of vending machines 
shall not be eligible for Federal assistance under this title.
  (d) Motorist Call Boxes.--
          (1) In general.--Notwithstanding subsection (a), a 
        State may permit the placement of motorist call boxes 
        on rights-of-way of the National Highway System. Such 
        motorist call boxes may include the identification and 
        sponsorship logos of such call boxes.
          (2) Sponsorship logos.--
                  (A) Approval by state and local agencies.--
                All call box installations displaying 
                sponsorship logos under this subsection shall 
                be approved by the highway agencies having 
                jurisdiction of the highway on which they are 
                located.
                  (B) Size on box.--A sponsorship logo may be 
                placed on the call box in a dimension not to 
                exceed the size of the call box or a total 
                dimension in excess of 12 inches by 18 inches.
                  (C) Size on identification sign.--Sponsorship 
                logos in a dimension not to exceed 12 inches by 
                30 inches may be displayed on a call box 
                identification sign affixed to the call box 
                post.
                  (D) Spacing of signs.--Sponsorship logos 
                affixed to an identification sign on a call box 
                post may be located on the rights-of-way at 
                intervals not more frequently than 1 per every 
                5 miles.
                  (E) Distribution throughout state.--Within a 
                State, at least 20 percent of the call boxes 
                displaying sponsorship logos shall be located 
                on highways outside of urbanized areas with a 
                population greater than 50,000.
          (3) Nonsafety hazards.--The call boxes and their 
        location, posts, foundations, and mountings shall be 
        consistent with requirements of the Manual on Uniform 
        Traffic Control Devices or any requirements deemed 
        necessary by the Secretary to assure that the call 
        boxes shall not be a safety hazard to motorists.
  (e) Justification Reports.--If the Secretary requests or 
requires a justification report for a project that would add a 
point of access to, or exit from, the Interstate System 
(including new or modified freeway-to-crossroad interchanges 
inside a transportation management area), the Secretary may 
permit a State transportation department to approve the report.
  (f) Interstate System Rights-of-Way.--
          (1) In general.--Notwithstanding subsection (a) or 
        (b), the Secretary shall permit, consistent with 
        section 155, the charging of electric vehicles on 
        rights-of-way of the Interstate System, including in--
                  (A) a rest area; or
                  (B) a fringe or corridor parking facility, 
                including a park and ride facility.
          (2) Savings clause.--Nothing in this subsection shall 
        permit commercial activities on rights-of-way of the 
        Interstate System, except as necessary for the charging 
        of electric vehicles in accordance with this 
        subsection.

Sec. 112. Letting of contracts

  (a) In all cases where the construction is to be performed by 
the State transportation department or under its supervision, a 
request for submission of bids shall be made by advertisement 
unless some other method is approved by the Secretary. The 
Secretary shall require such plans and specifications and such 
methods of bidding as shall be effective in securing 
competition.
  (b) Bidding Requirements.--
          (1) In general.--Subject to paragraphs (2) and (3), 
        construction of each project, subject to the provisions 
        of subsection (a) of this section, shall be performed 
        by contract awarded by competitive bidding, unless the 
        State transportation department demonstrates, to the 
        satisfaction of the Secretary, that some other method 
        is more cost effective or that an emergency exists. 
        Contracts for the construction of each project shall be 
        awarded only on the basis of the lowest responsive bid 
        submitted by a bidder meeting established criteria of 
        responsibility. No requirement or obligation shall be 
        imposed as a condition precedent to the award of a 
        contract to such bidder for a project, or to the 
        Secretary's concurrence in the award of a contract to 
        such bidder, unless such requirement or obligation is 
        otherwise lawful and is specifically set forth in the 
        advertised specifications.
          (2) Contracting for engineering and design 
        services.--
                  (A) General rule.--Subject to paragraph (3), 
                each contract for program management, 
                construction management, feasibility studies, 
                preliminary engineering, design, engineering, 
                surveying, mapping, or architectural related 
                services with respect to a project subject to 
                the provisions of subsection (a) of this 
                section shall be awarded in the same manner as 
                a contract for architectural and engineering 
                services is negotiated under chapter 11 of 
                title 40.
                  (B) Performance and audits.--Any contract or 
                subcontract awarded in accordance with 
                subparagraph (A), whether funded in whole or in 
                part with Federal-aid highway funds, shall be 
                performed and audited in compliance with cost 
                principles contained in the Federal Acquisition 
                Regulations of part 31 of title 48, Code of 
                Federal Regulations.
                  (C) Indirect cost rates.--Instead of 
                performing its own audits, a recipient of funds 
                under a contract or subcontract awarded in 
                accordance with subparagraph (A) shall accept 
                indirect cost rates established in accordance 
                with the Federal Acquisition Regulations for 1-
                year applicable accounting periods by a 
                cognizant Federal or State government agency, 
                if such rates are not currently under dispute.
                  (D) Application of rates.--Once a firm's 
                indirect cost rates are accepted under this 
                paragraph, the recipient of the funds shall 
                apply such rates for the purposes of contract 
                estimation, negotiation, administration, 
                reporting, and contract payment and shall not 
                be limited by administrative or de facto 
                ceilings of any kind.
                  (E) Prenotification; confidentiality of 
                data.--A recipient of funds requesting or using 
                the cost and rate data described in 
                subparagraph (D) shall notify any affected firm 
                before such request or use. Such data shall be 
                confidential and shall not be accessible or 
                provided, in whole or in part, to another firm 
                or to any government agency which is not part 
                of the group of agencies sharing cost data 
                under this paragraph, except by written 
                permission of the audited firm. If prohibited 
                by law, such cost and rate data shall not be 
                disclosed under any circumstances.
                  (F) [(F)] Subparagraphs (B), (C), (D) and (E) 
                herein shall not apply to the States of West 
                Virginia or Minnesota.
          (3) Design-build contracting.--
                  (A) In general.--A State transportation 
                department or local transportation agency may 
                award a design-build contract for a qualified 
                project described in subparagraph (C) using any 
                procurement process permitted by applicable 
                State and local law.
                  (B) Limitation on final design.--Final design 
                under a design-build contract referred to in 
                subparagraph (A) shall not commence before 
                compliance with section 102 of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4332).
                  (C) Qualified projects.--A qualified project 
                referred to in subparagraph (A) is a project 
                under this chapter (including intermodal 
                projects) for which the Secretary has approved 
                the use of design-build contracting under 
                criteria specified in regulations issued by the 
                Secretary.
                  (D) Regulatory process.--Not later than 90 
                days after the date of enactment of the 
                SAFETEA-LU, the Secretary shall issue revised 
                regulations under section 1307(c) of the 
                Transportation Equity Act for 21st Century (23 
                U.S.C. 112 note; 112 Stat. 230) that--
                          (i) do not preclude a State 
                        transportation department or local 
                        transportation agency, prior to 
                        compliance with section 102 of the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4332), from--
                                  (I) issuing requests for 
                                proposals;
                                  (II) proceeding with awards 
                                of design-build contracts; or
                                  (III) issuing notices to 
                                proceed with preliminary design 
                                work under design-build 
                                contracts;
                          (ii) require that the State 
                        transportation department or local 
                        transportation agency receive 
                        concurrence from the Secretary before 
                        carrying out an activity under clause 
                        (i); and
                          (iii) preclude the design-build 
                        contractor from proceeding with final 
                        design or construction of any permanent 
                        improvement prior to completion of the 
                        process under such section 102.
                  (E) Design-build contract defined.--In this 
                paragraph, the term ``design-build contract'' 
                means an agreement that provides for design and 
                construction of a project by a contractor, 
                regardless of whether the agreement is in the 
                form of a design-build contract, a franchise 
                agreement, or any other form of contract 
                approved by the Secretary.
          (4) Method of contracting.--
                  (A) In general.--
                          (i) 2-phase contract.--A contracting 
                        agency may award a 2-phase contract to 
                        a construction manager or general 
                        contractor for preconstruction and 
                        construction services.
                          (ii) Preconstruction services 
                        phase.--In the preconstruction services 
                        phase of a contract under this 
                        paragraph, the contractor shall provide 
                        the contracting agency with advice for 
                        scheduling, work sequencing, cost 
                        engineering, constructability, cost 
                        estimating, and risk identification.
                          (iii) Agreement.--Prior to the start 
                        of the construction services phase, the 
                        contracting agency and the contractor 
                        may agree to a price and other factors 
                        specified in regulation for the 
                        construction of the project or a 
                        portion of the project.
                          (iv) Construction phase.--If an 
                        agreement is reached under clause 
                        (iii), the contractor shall be 
                        responsible for the construction of the 
                        project or portion of the project at 
                        the negotiated price and in compliance 
                        with the other factors specified in the 
                        agreement.
                  (B) Selection.--A contract shall be awarded 
                to a contractor under this paragraph using a 
                competitive selection process based on 
                qualifications, experience, best value, or any 
                other combination of factors considered 
                appropriate by the contracting agency.
                  (C) Timing.--
                          (i) Relationship to nepa process.--
                        Prior to the completion of the 
                        environmental review process required 
                        under section 102 of the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4332), a contracting agency 
                        may--
                                  (I) issue requests for 
                                proposals;
                                  (II) proceed with the award 
                                of a contract for 
                                preconstruction services under 
                                subparagraph (A)(ii); and
                                  (III) issue notices to 
                                proceed with a preliminary 
                                design and any work related to 
                                preliminary design, to the 
                                extent that those actions do 
                                not limit any reasonable range 
                                of alternatives.
                          (ii) Construction services phase.--A 
                        contracting agency shall not proceed 
                        with the award of the construction 
                        services phase of a contract under 
                        subparagraph (A)(iv) and shall not 
                        proceed, or permit any consultant or 
                        contractor to proceed, with final 
                        design or construction until completion 
                        of the environmental review process 
                        required under section 102 of the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4332).
                          (iii) Approval requirement.--Prior to 
                        authorizing construction activities, 
                        the Secretary shall approve--
                                  (I) the price estimate of the 
                                contracting agency for the 
                                entire project; and
                                  (II) any price agreement with 
                                the general contractor for the 
                                project or a portion of the 
                                project.
                          (iv) Design activities.--
                                  (I) In general.--A 
                                contracting agency may proceed, 
                                at the expense of the 
                                contracting agency, with design 
                                activities at any level of 
                                detail for a project before 
                                completion of the review 
                                process required for the 
                                project under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) 
                                without affecting subsequent 
                                approvals required for the 
                                project.
                                  (II) Reimbursement.--Design 
                                activities carried out under 
                                subclause (I) shall be eligible 
                                for Federal reimbursement as a 
                                project expense in accordance 
                                with the requirements under 
                                section 109(r).
                          (v) Termination provision.--The 
                        Secretary shall require a contract to 
                        include an appropriate termination 
                        provision in the event that a no-build 
                        alternative is selected.
  (c) The Secretary shall require as a condition precedent to 
his approval of each contract awarded by competitive bidding 
pursuant to subsection (b) of this section, and subject to the 
provisions of this section, a sworn statement, executed by, or 
on behalf of, the person, firm, association, or corporation to 
whom such contract is to be awarded, certifying that such 
person, firm, association, or corporation has not, either 
directly or indirectly, entered into any agreement, 
participated in any collusion, or otherwise taken any action in 
restraint of free competitive bidding in connection with such 
contract.
  (d) No contract awarded by competitive bidding pursuant to 
subsection (b) of this section, and subject to the provisions 
of this section, shall be entered into by any State 
transportation department or local subdivision of the State 
without compliance with the provisions of this section, and 
without the prior concurrence of the Secretary in the award 
thereof.
  (e) Standardized Contract Clause Concerning Site 
Conditions.--
          (1) General rule.--The Secretary shall issue 
        regulations establishing and requiring, for inclusion 
        in each contract entered into with respect to any 
        project approved under section 106 of this title a 
        contract clause, developed in accordance with 
        guidelines established by the Secretary, which 
        equitably addresses each of the following:
                  (A) Site conditions.
                  (B) Suspensions of work ordered by the State 
                (other than a suspension of work caused by the 
                fault of the contractor or by weather).
                  (C) Material changes in the scope of work 
                specified in the contract.
        The guidelines established by the Secretary shall not 
        require arbitration.
          (2) Limitation on applicability.--
                  (A) State law.--Paragraph (1) shall apply in 
                a State except to the extent that such State 
                adopts or has adopted by statute a formal 
                procedure for the development of a contract 
                clause described in paragraph (1) or adopts or 
                has adopted a statute which does not permit 
                inclusion of such a contract clause.
                  (B) Design-build contracts.--Paragraph (1) 
                shall not apply to any design-build contract 
                approved under subsection (b)(3).
  (f) Selection Process.--A State may procure, under a single 
contract, the services of a consultant to prepare any 
environmental impact assessments or analyses required for a 
project, including environmental impact statements, as well as 
subsequent engineering and design work on the project if the 
State conducts a review that assesses the objectivity of the 
environmental assessment, environmental analysis, or 
environmental impact statement prior to its submission to the 
Secretary.
  (g) Temporary Traffic Control Devices.--
          (1) Issuance of regulations.--The Secretary, after 
        consultation with appropriate Federal and State 
        officials, shall issue regulations establishing the 
        conditions for the appropriate use of, and expenditure 
        of funds for, uniformed law enforcement officers, 
        positive protective measures between workers and 
        motorized traffic, and installation and maintenance of 
        temporary traffic control devices during construction, 
        utility, and maintenance operations.
          (2) Effects of regulations.--Based on regulations 
        issued under paragraph (1), a State shall--
                  (A) develop separate pay items for the use of 
                uniformed law enforcement officers, positive 
                protective measures between workers and 
                motorized traffic, and installation and 
                maintenance of temporary traffic control 
                devices during construction, utility, and 
                maintenance operations; and
                  (B) incorporate such pay items into contract 
                provisions to be included in each contract 
                entered into by the State with respect to a 
                highway project to ensure compliance with 
                section 109(e)(2).
          (3) Limitation.--Nothing in the regulations shall 
        prohibit a State from implementing standards that are 
        more stringent than those required under the 
        regulations.
          (4) Positive protective measures defined.--In this 
        subsection, the term ``positive protective measures'' 
        means temporary traffic barriers, crash cushions, and 
        other strategies to avoid traffic accidents in work 
        zones, including full road closures.

Sec. 113. Prevailing rate of wage

  [(a) The Secretary shall take such action as may be necessary 
to insure that all laborers and mechanics employed by 
contractors or subcontractors on the construction work 
performed on highway projects on the Federal-aid highways 
authorized under the highway laws providing for the expenditure 
of Federal funds upon Federal-aid highways, shall be paid wages 
at rates not less than those prevailing on the same type of 
work on similar construction in the immediate locality as 
determined by the Secretary of Labor in accordance with 
sections 3141-3144, 3146, and 3147 of title 40.
  [(b) In carrying out the duties of subsection (a) of this 
section, the Secretary of Labor shall consult with the highway 
department of the State in which a project on any Federal-aid 
highway is to be performed. After giving due regard to the 
information thus obtained, he shall make a predetermination of 
the minimum wages to be paid laborers and mechanics in 
accordance with the provisions of subsection (a) of this 
section which shall be set out in each project advertisement 
for bids and in each bid proposal form and shall be made a part 
of the contract covering the project.]
  (a) In General.--The Secretary shall take such action as may 
be necessary to ensure that all laborers and mechanics employed 
by contractors or subcontractors on construction work performed 
on projects financed or otherwise assisted in whole or in part 
by a loan, loan guarantee, grant, credit enhancement, or any 
other form of Federal assistance administered by the Secretary 
or the Department, including programs to capitalize revolving 
loan funds and subsequent financing cycles under such funds, 
shall be paid wages at rates not less than those prevailing on 
projects of a character similar in the locality, as determined 
by the Secretary of Labor in accordance with subchapter IV of 
chapter 31 of title 40. With respect to the labor standards 
specified in this section, the Secretary of Labor shall have 
the authority and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (64 Stat. 1267) and section 3145 of title 
40.
  [(c)] (b) Apprenticeship and Skill Training Programs._The 
provisions of the section shall not be applicable to employment 
pursuant to apprenticeship and skill training programs which 
have been certified by the Secretary of Transportation as 
promoting equal employment opportunity in connection with 
Federal-aid highway construction programs.

           *       *       *       *       *       *       *


Sec. 115. Advance construction

  (a) In General.--The Secretary may authorize a State to 
proceed with a project authorized under this title--
          (1) without the use of Federal funds; and
          (2) in accordance with all procedures and 
        requirements applicable to the project other than those 
        procedures and requirements that limit the State to 
        implementation of a project--
                  (A) with the aid of Federal funds previously 
                apportioned or allocated to the State; or
                  (B) with obligation authority previously 
                allocated to the State.
  (b) Obligation of Federal Share.--The Secretary, on the 
request of a State and execution of a project agreement, may 
obligate all or a portion of the Federal share of a project 
authorized to proceed under this section from any category of 
funds for which the project is eligible.
  (c) Inclusion in Transportation Improvement Program.--The 
Secretary may approve an application for a project under this 
section only if the project is included in the transportation 
improvement program of the State developed under section 
[135(f)] 135(g).

           *       *       *       *       *       *       *


[Sec. 117. Nationally significant freight and highway projects

  [(a) Establishment.--
          [(1) In general.--There is established a nationally 
        significant freight and highway projects program to 
        provide financial assistance for projects of national 
        or regional significance.
          [(2) Goals.--The goals of the program shall be to--
                  [(A) improve the safety, efficiency, and 
                reliability of the movement of freight and 
                people;
                  [(B) generate national or regional economic 
                benefits and an increase in the global economic 
                competitiveness of the United States;
                  [(C) reduce highway congestion and 
                bottlenecks;
                  [(D) improve connectivity between modes of 
                freight transportation;
                  [(E) enhance the resiliency of critical 
                highway infrastructure and help protect the 
                environment;
                  [(F) improve roadways vital to national 
                energy security; and
                  [(G) address the impact of population growth 
                on the movement of people and freight.
  [(b) Grant Authority.--
          [(1) In general.--In carrying out the program 
        established in subsection (a), the Secretary may make 
        grants, on a competitive basis, in accordance with this 
        section.
          [(2) Grant amount.--Except as otherwise provided, 
        each grant made under this section shall be in an 
        amount that is at least $25,000,000.
  [(c) Eligible Applicants.--
          [(1) In general.--The Secretary may make a grant 
        under this section to the following:
                  [(A) A State or a group of States.
                  [(B) A metropolitan planning organization 
                that serves an urbanized area (as defined by 
                the Bureau of the Census) with a population of 
                more than 200,000 individuals.
                  [(C) A unit of local government or a group of 
                local governments.
                  [(D) A political subdivision of a State or 
                local government.
                  [(E) A special purpose district or public 
                authority with a transportation function, 
                including a port authority.
                  [(F) A Federal land management agency that 
                applies jointly with a State or group of 
                States.
                  [(G) A tribal government or a consortium of 
                tribal governments.
                  [(H) A multistate or multijurisdictional 
                group of entities described in this paragraph.
          [(2) Applications.--To be eligible for a grant under 
        this section, an entity specified in paragraph (1) 
        shall submit to the Secretary an application in such 
        form, at such time, and containing such information as 
        the Secretary determines is appropriate.
  [(d) Eligible Projects.--
          [(1) In general.--Except as provided in subsection 
        (e), the Secretary may make a grant under this section 
        only for a project that--
                  [(A) is--
                          [(i) a highway freight project 
                        carried out on the National Highway 
                        Freight Network established under 
                        section 167;
                          [(ii) a highway or bridge project 
                        carried out on the National Highway 
                        System, including--
                                  [(I) a project to add 
                                capacity to the Interstate 
                                System to improve mobility; or
                                  [(II) a project in a national 
                                scenic area;
                          [(iii) a freight project that is--
                                  [(I) a freight intermodal or 
                                freight rail project; or
                                  [(II) 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; or
                          [(iv) a railway-highway grade 
                        crossing or grade separation project; 
                        and
                  [(B) 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, 30 
                                percent of the amount 
                                apportioned under this chapter 
                                to the State in the most 
                                recently completed fiscal year; 
                                or
                                  [(II) located in more than 1 
                                State, 50 percent of the amount 
                                apportioned under this chapter 
                                to the participating State with 
                                the largest apportionment under 
                                this chapter in the most 
                                recently completed fiscal year.
          [(2) Limitation.--
                  [(A) In general.--Not more than $600,000,000 
                of the amounts made available for grants under 
                this section for fiscal years 2016 through 
                2021, in the aggregate, may be used to make 
                grants for projects described in paragraph 
                (1)(A)(iii) and such a project may only receive 
                a grant under this section if--
                          [(i) the project will make a 
                        significant improvement to freight 
                        movements on the National Highway 
                        Freight Network; and
                          [(ii) the Federal share of the 
                        project funds only elements of the 
                        project that provide public benefits.
                  [(B) Exclusions.--The limitation under 
                subparagraph (A)--
                          [(i) shall not apply to a railway-
                        highway grade crossing or grade 
                        separation project; and
                          [(ii) with respect to a multimodal 
                        project, shall apply only to the non-
                        highway portion or portions of the 
                        project.
  [(e) Small Projects.--
          [(1) In general.--The Secretary shall reserve 10 
        percent of the amounts made available for grants under 
        this section each fiscal year to make grants for 
        projects described in subsection (d)(1)(A) that do not 
        satisfy the minimum threshold under subsection 
        (d)(1)(B).
          [(2) Grant amount.--Each grant made under this 
        subsection shall be in an amount that is at least 
        $5,000,000.
          [(3) Project selection considerations.--In addition 
        to other applicable requirements, in making grants 
        under this subsection the Secretary shall consider--
                  [(A) the cost effectiveness of the proposed 
                project; and
                  [(B) the effect of the proposed project on 
                mobility in the State and region in which the 
                project is carried out.
  [(f) Eligible Project Costs.--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, 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 (other than subsection 
(e)) for funding under this section only if the Secretary 
determines that--
          [(1) the project will generate national or regional 
        economic, mobility, or safety benefits;
          [(2) the project will be cost effective;
          [(3) the project will contribute to the 
        accomplishment of 1 or more of the national goals 
        described under section 150 of this title;
          [(4) the project is based on the results of 
        preliminary engineering;
          [(5) with respect to related non-Federal financial 
        commitments--
                  [(A) 1 or more stable and dependable sources 
                of funding and financing are available to 
                construct, maintain, and operate the project; 
                and
                  [(B) contingency amounts are available to 
                cover unanticipated cost increases;
          [(6) the project cannot be easily and efficiently 
        completed without other Federal funding or financial 
        assistance available to the project sponsor; and
          [(7) the project is reasonably expected to begin 
        construction not later than 18 months after the date of 
        obligation of funds for the project.
  [(h) Additional Considerations.--In making a grant under this 
section, the Secretary shall consider--
          [(1) utilization of nontraditional financing, 
        innovative design and construction techniques, or 
        innovative technologies;
          [(2) utilization of non-Federal contributions; and
          [(3) contributions to geographic diversity among 
        grant recipients, including the need for a balance 
        between the needs of rural and urban communities.
  [(i) Rural Areas.--
          [(1) In general.--The Secretary shall reserve not 
        less than 25 percent of the amounts made available for 
        grants under this section, including the amounts made 
        available under subsection (e), each fiscal year to 
        make grants for projects located in rural areas.
          [(2) Excess funding.--In any fiscal year in which 
        qualified applications for grants under this subsection 
        will not allow for the amount reserved under paragraph 
        (1) to be fully utilized, the Secretary shall use the 
        unutilized amounts to make other grants under this 
        section.
          [(3) Rural area defined.--In this subsection, the 
        term ``rural area'' means an area that is outside an 
        urbanized area with a population of over 200,000.
  [(j) Federal Share.--
          [(1) In general.--The Federal share of the cost of a 
        project assisted 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.
          [(3) Federal land management agencies.--
        Notwithstanding any other provision of law, any Federal 
        funds other than those made available under this title 
        or title 49 may be used to pay the non-Federal share of 
        the cost of a project carried out under this section by 
        a Federal land management agency, as described under 
        subsection (c)(1)(F).
  [(k) Treatment of Freight Projects.--Notwithstanding any 
other provision of law, a freight project carried out under 
this section shall be treated as if the project is located on a 
Federal-aid highway.
  [(l) TIFIA Program.--At the request of an eligible applicant 
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) Congressional Notification.--
          [(1) Notification.--
                  [(A) In general.--At least 60 days before 
                making a grant for a project under this 
                section, the Secretary shall notify, in 
                writing, the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                and the Committee on Environment and Public 
                Works of the Senate of the proposed grant. The 
                notification shall include an evaluation and 
                justification for the project and the amount of 
                the proposed grant award.
                  [(B) Multimodal projects.--In addition to the 
                notice required under subparagraph (A), the 
                Secretary shall notify the Committee on 
                Commerce, Science, and Transportation of the 
                Senate before making a grant for a project 
                described in subsection (d)(1)(A)(iii).
          [(2) 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).
  [(n) Reports.--
          [(1) Annual report.--The Secretary shall make 
        available on the Web site of the Department of 
        Transportation at the end of each fiscal year an annual 
        report that lists each project for which a grant has 
        been provided under this section during that fiscal 
        year.
          [(2) Comptroller general.--
                  [(A) Assessment.--The Comptroller General of 
                the United States shall conduct an assessment 
                of the administrative establishment, 
                solicitation, selection, and justification 
                process with respect to the funding of grants 
                under this section.
                  [(B) Report.--Not later than 1 year after the 
                initial awarding of grants under this section, 
                the Comptroller General shall submit to the 
                Committee on Environment and Public Works of 
                the Senate, the Committee on Commerce, Science, 
                and Transportation of the Senate, and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives a report that 
                describes--
                          [(i) the adequacy and fairness of the 
                        process by which each project was 
                        selected, if applicable; and
                          [(ii) the justification and criteria 
                        used for the selection of each project, 
                        if applicable.]

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) one or more stable and dependable sources 
                of funding and financing to construct, 
                maintain, and operate the project; and
                  (B) contingency amounts to cover 
                unanticipated cost increases;
          (5) cannot be easily and efficiently completed 
        without additional Federal funding or financial 
        assistance available to the project sponsor, beyond 
        existing Federal apportionments; and
          (6) is reasonably expected to begin construction not 
        later than 18 months after the date of obligation of 
        funds for the project.
  (h) Merit Criteria and Considerations.--
          (1) Merit criteria.--In awarding a grant under this 
        section, the Secretary shall evaluate the following 
        merit criteria:
                  (A) The extent to which the project supports 
                achieving a state of good repair.
                  (B) The level of benefits the project is 
                expected to generate, including--
                          (i) the costs avoided by the 
                        prevention of closure or reduced use of 
                        the asset to be improved by the 
                        project;
                          (ii) reductions in maintenance costs 
                        over the life of the asset;
                          (iii) safety benefits, including the 
                        reduction of accidents and related 
                        costs;
                          (iv) improved person or freight 
                        throughput, including congestion 
                        reduction and reliability improvements;
                          (v) national and regional economic 
                        benefits;
                          (vi) resilience benefits, including 
                        the ability to withstand disruptions 
                        from a seismic event;
                          (vii) environmental benefits, 
                        including reduction in greenhouse gas 
                        emissions and air quality benefits; and
                          (viii) benefits to all users of the 
                        project, including pedestrian, bicycle, 
                        nonvehicular, railroad, and public 
                        transportation users.
                  (C) How the benefits compare to the costs of 
                the project.
                  (D) The average number of people or volume of 
                freight, as applicable, supported by the 
                project, including visitors based on travel and 
                tourism.
          (2) Additional considerations.--In awarding a grant 
        under this section, the Secretary shall consider the 
        following:
                  (A) Whether the project spans at least 1 
                border between 2 States.
                  (B) Whether the project serves low-income 
                residents of low-income communities, including 
                areas of persistent poverty, while not 
                displacing such residents.
                  (C) Whether the project uses innovative 
                technologies, innovative design and 
                construction techniques, or pavement materials 
                that demonstrate reductions in greenhouse gas 
                emissions through sequestration or innovative 
                manufacturing processes and, if so, the degree 
                to which such technologies, techniques, or 
                materials are used.
                  (D) Whether the project improves connectivity 
                between modes of transportation moving people 
                or goods in the Nation or region.
                  (E) Whether the project provides new or 
                improved connections between at least two 
                metropolitan areas with a population of at 
                least 500,000.
                  (F) Whether the project would replace, 
                reconstruct, or rehabilitate a commuter 
                corridor (including a high-commuter corridor 
                (as such term is defined in section 203(a)(6))) 
                that is in poor condition.
                  (G) Whether the project would improve the 
                shared transportation corridor of a multistate 
                corridor.
  (i) Project Selection.--
          (1) Evaluation.--To evaluate applications for funding 
        under this section, the Secretary shall--
                  (A) determine whether a project is eligible 
                for a grant under this section;
                  (B) evaluate, through a methodology that is 
                discernible and transparent to the public, how 
                each application addresses the merit criteria 
                pursuant to subsection (h);
                  (C) assign a quality rating for each merit 
                criteria for each application based on the 
                evaluation in subparagraph (B);
                  (D) ensure that applications receive final 
                consideration by the Secretary to receive an 
                award under this section only on the basis of 
                such quality ratings and that the Secretary 
                gives final consideration only to applications 
                that meet the minimally acceptable level for 
                each of the merit criteria; and
                  (E) award grants only to projects rated 
                highly under the evaluation and rating process.
          (2) Considerations for large projects.--In awarding a 
        grant for a large project, the Secretary shall--
                  (A) consider the amount of funds available in 
                future fiscal years for the program under this 
                section; and
                  (B) assume the availability of funds in 
                future fiscal years for the program that extend 
                beyond the period of authorization based on the 
                amount made available for the program in the 
                last fiscal year of the period of 
                authorization.
          (3) Geographic distribution.--In awarding grants 
        under this section, the Secretary shall ensure 
        geographic diversity and a balance between rural and 
        urban communities among grant recipients over fiscal 
        years 2023 through 2026.
          (4) Publication of methodology.--
                  (A) In general.--Prior to the issuance of any 
                notice of funding opportunity for grants under 
                this section, the Secretary shall publish and 
                make publicly available on the Department's 
                website--
                          (i) a detailed explanation of the 
                        merit criteria developed under 
                        subsection (h);
                          (ii) a description of the evaluation 
                        process under this subsection; and
                          (iii) how the Secretary shall 
                        determine whether a project satisfies 
                        each of the requirements under 
                        subsection (g).
                  (B) Updates.--The Secretary shall update and 
                make publicly available on the website of the 
                Department of Transportation such information 
                at any time a revision to the information 
                described in subparagraph (A) is made.
                  (C) Information required.--The Secretary 
                shall include in the published notice of 
                funding opportunity for a grant under this 
                section detailed information on the rating 
                methodology and merit criteria to be used to 
                evaluate applications, or a reference to the 
                information on the website of the Department of 
                Transportation, as required by subparagraph 
                (A).
  (j) Federal Share.--
          (1) In general.--The Federal share of the cost of a 
        project carried out with a grant under this section may 
        not exceed 60 percent.
          (2) Maximum federal involvement.--Federal assistance 
        other than a grant under this section may be used to 
        satisfy the non-Federal share of the cost of a project 
        for which such a grant is made, except that the total 
        Federal assistance provided for a project receiving a 
        grant under this section may not exceed 80 percent of 
        the total project cost.
  (k) Bridge Investments.--Of the amounts made available to 
carry out this section, the Secretary shall reserve not less 
than $1,000,000,000 in each fiscal year to make grants for 
projects described in subsection (e)(1)(A).
  (l) Treatment of Projects.--
          (1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this 
        section, apply--
                  (A) the requirements of this title to a 
                highway project;
                  (B) the requirements of chapter 53 of title 
                49 to a public transportation project; and
                  (C) the requirements of section 22905 of 
                title 49 to a passenger rail or freight rail 
                project.
          (2) Multimodal projects.--
                  (A) In general.--Except as otherwise provided 
                in this paragraph, if an eligible project is a 
                multimodal project, the Secretary shall--
                          (i) determine the predominant modal 
                        component of the project; and
                          (ii) apply the applicable 
                        requirements of such predominant modal 
                        component to the project.
                  (B) Exceptions.--
                          (i) Passenger or freight rail 
                        component.--For any passenger or 
                        freight rail component of a project, 
                        the requirements of section 22907(j)(2) 
                        of title 49 shall apply.
                          (ii) Public transportation 
                        component.--For any public 
                        transportation component of a project, 
                        the requirements of section 5333 of 
                        title 49 shall apply.
                  (C) Buy america.--In applying the Buy America 
                requirements under section 313 of this title 
                and sections 5320, 22905(a), and 24305(f) of 
                title 49 to a multimodal project under this 
                paragraph, the Secretary shall--
                          (i) consider the various modal 
                        components of the project; and
                          (ii) seek to maximize domestic jobs.
  (m) TIFIA Program.--At the request of an eligible entity 
under this section, the Secretary may use amounts awarded to 
the entity to pay subsidy and administrative costs necessary to 
provide the entity Federal credit assistance under chapter 6 
with respect to the project for which the grant was awarded.
  (n) Administration.--Of the amounts made available to carry 
out this section, the Secretary may use up to $5,000,000 in 
each fiscal year for the costs of administering the program 
under this section.
  (o) Technical Assistance.--Of the amounts made available to 
carry out this section, the Secretary may reserve up to 
$5,000,000 to provide technical assistance to eligible 
entities.
  (p) Congressional Review.--
          (1) Notification.--Not less than 60 days before 
        making an award under this section, the Secretary shall 
        submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works, the 
        Committee on Banking, Housing, and Urban Affairs, and 
        the Committee on Commerce, Science, and Transportation 
        of the Senate--
                  (A) a list of all applications determined to 
                be eligible for a grant by the Secretary;
                  (B) the quality ratings assigned to each 
                application pursuant to subsection (i);
                  (C) a list of applications that received 
                final consideration by the Secretary to receive 
                an award under this section;
                  (D) each application proposed to be selected 
                for a grant award;
                  (E) proposed grant amounts, including for 
                each new multiyear grant agreement, the 
                proposed payout schedule for the project; and
                  (F) an analysis of the impacts of any large 
                projects proposed to be selected on existing 
                commitments and anticipated funding levels for 
                the next 4 fiscal years, based on information 
                available to the Secretary at the time of the 
                report.
          (2) Committee review.--Before the last day of the 60-
        day period described in paragraph (1), each Committee 
        described in paragraph (1) shall review the Secretary's 
        list of proposed projects.
          (3) Congressional disapproval.--The Secretary may not 
        make a grant or any other obligation or commitment to 
        fund a project under this section if a joint resolution 
        is enacted disapproving funding for the project before 
        the last day of the 60-day period described in 
        paragraph (1).
  (q) Transparency.--
          (1) In general.--Not later than 30 days after 
        awarding a grant for a project under this section, the 
        Secretary shall send to all applicants, and publish on 
        the website of the Department of Transportation--
                  (A) a summary of each application made to the 
                program for the grant application period; and
                  (B) the evaluation and justification for the 
                project selection, including ratings assigned 
                to all applications and a list of applications 
                that received final consideration by the 
                Secretary to receive an award under this 
                section, for the grant application period.
          (2) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant under this section, the 
        opportunity to receive a briefing to explain any 
        reasons the grant applicant was not awarded a grant.
  (r) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
          (1) a State or a group of States;
          (2) a unit of local government, including a 
        metropolitan planning organization, or a group of local 
        governments;
          (3) a political subdivision of a State or local 
        government;
          (4) a special purpose district or public authority 
        with a transportation function, including a port 
        authority;
          (5) an Indian Tribe or Tribal organization;
          (6) a Federal agency eligible to receive funds under 
        section 201, 203, or 204, including the Army Corps of 
        Engineers, Bureau of Reclamation, and the Bureau of 
        Land Management, that applies jointly with a State or 
        group of States;
          (7) a territory; and
          (8) a multistate or multijurisdictional group of 
        entities described in this paragraph.

Sec. 118. Availability of funds

  (a) Date Available for Obligation.--Except as otherwise 
specifically provided, authorizations from the Highway Trust 
Fund (other than the Mass Transit Account) to carry out this 
title shall be available for obligation on the date of their 
apportionment or allocation or on October 1 of the fiscal year 
for which they are authorized, whichever occurs first.
  (b) Period of Availability.--Except as otherwise specifically 
provided, funds apportioned or allocated pursuant to this title 
in a State shall remain available for obligation in that State 
for a period of 3 years after the last day of the fiscal year 
for which the funds are authorized. Any amounts so apportioned 
or allocated that remain unobligated at the end of that period 
shall lapse.
  (c) Obligation and Release of Funds.--
          (1) In general.--Funds apportioned or allocated to a 
        State for a purpose for any fiscal year shall be 
        considered to be obligated if a sum equal to the total 
        of the funds apportioned or allocated to the State for 
        that purpose for that fiscal year and previous fiscal 
        years is obligated.
          (2) Released funds.--Any funds released by the final 
        payment for a project, or by modifying the project 
        agreement for a project, shall be--
                  (A) credited to the same class of funds 
                previously apportioned or allocated to the 
                State for the project; and
                  (B) immediately available for obligation.
          (3) Net obligations.--Notwithstanding any other 
        provision of law (including a regulation), obligations 
        recorded against funds made available under this 
        subsection shall be recorded and reported as net 
        obligations.
  (d) Funds made available to the State of Alaska [and the 
Commonwealth of Puerto Rico], the Commonwealth of Puerto Rico, 
and any other territory of the United States under this title 
may be expended for construction of access and development 
roads that will serve resource development, recreational, 
residential, commercial, industrial, or other like purposes.

Sec. 119. National highway performance program

  (a) Establishment.--The Secretary shall establish and 
implement a national highway performance program under this 
section.
  [(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;
          [(2) to provide support for the construction of new 
        facilities on the National Highway System; and
          [(3) to ensure that investments of Federal-aid funds 
        in highway construction are directed to support 
        progress toward the achievement of performance targets 
        established in an asset management plan of a State for 
        the National Highway System.]
  (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).
  (c) Eligible Facilities.--Except as provided in subsection 
(d), to be eligible for funding apportioned under section 
104(b)(1) to carry out this section, a facility shall be 
located on the National Highway System, as defined in section 
103.
  (d) Eligible Projects.--Funds apportioned to a State to carry 
out the national highway performance program may be obligated 
only for a project on an eligible facility that is--
          (1)(A) a project or part of a program of projects 
        supporting progress toward the achievement of national 
        performance goals for improving infrastructure 
        condition, safety, congestion reduction, system 
        reliability, [or freight movement on the National 
        Highway System] freight movement, environmental 
        sustainability, transportation system access, or 
        combating climate change; and
          (B) consistent with sections 134 and 135; [and]
          (2) for 1 or more of the following purposes:
                  (A) Construction, reconstruction, 
                resurfacing, restoration, rehabilitation, 
                preservation, or operational improvement of 
                segments of the National Highway System.
                  (B) Construction, replacement (including 
                replacement with fill material), 
                rehabilitation, preservation, and protection 
                (including scour countermeasures, seismic 
                retrofits, impact protection measures, security 
                countermeasures, and protection against extreme 
                events) of bridges on the National Highway 
                System.
                  (C) Construction, replacement (including 
                replacement with fill material), 
                rehabilitation, preservation, and protection 
                (including impact protection measures, security 
                countermeasures, and protection against extreme 
                events) of tunnels on the National Highway 
                System.
                  (D) Inspection and evaluation, as described 
                in section 144, of bridges and tunnels on the 
                National Highway System, and inspection and 
                evaluation of other highway infrastructure 
                assets on the National Highway System, 
                including signs and sign structures, earth 
                retaining walls, and drainage structures.
                  (E) Training of bridge and tunnel inspectors, 
                as described in section 144.
                  (F) Construction, rehabilitation, or 
                replacement of existing ferry boats and ferry 
                boat facilities, including approaches, that 
                connect road segments of the National Highway 
                System.
                  (G) Construction, reconstruction, 
                resurfacing, restoration, rehabilitation, and 
                preservation of, and operational improvements 
                for, a Federal-aid highway not on the National 
                Highway System, and construction of a transit 
                project eligible for assistance under chapter 
                53 of title 49, if--
                          (i) the highway project or transit 
                        project is in the same corridor as, and 
                        in proximity to, a fully access-
                        controlled highway designated as a part 
                        of the National Highway System; and
                          (ii) the construction or improvements 
                        will reduce delays or produce travel 
                        time savings on the fully access-
                        controlled highway described in clause 
                        (i) and improve regional traffic flow[; 
                        and].
                          [(iii) the construction or 
                        improvements are more cost-effective, 
                        as determined by benefit-cost analysis, 
                        than an improvement to the fully 
                        access-controlled highway described in 
                        clause (i).]
                  (H) Bicycle transportation and pedestrian 
                walkways in accordance with section 217.
                  (I) Highway safety improvements for segments 
                of the National Highway System, including the 
                installation of safety barriers and nets on 
                bridges on the National Highway System.
                  (J) Capital and operating costs for traffic 
                and traveler information monitoring, 
                management, and control facilities and 
                programs.
                  (K) Development and implementation of a State 
                asset management plan for the National Highway 
                System in accordance with this section, 
                including data collection, maintenance, and 
                integration and the cost associated with 
                obtaining, updating, and licensing software and 
                equipment required for risk-based asset 
                management and performance-based management.
                  (L) Infrastructure-based intelligent 
                transportation systems capital improvements, 
                including the installation of vehicle-to-
                infrastructure communication equipment.
                  (M) Environmental restoration and pollution 
                abatement in accordance with section 328.
                  (N) Control of noxious weeds and aquatic 
                noxious weeds and establishment of native 
                species in accordance with section 329.
                  (O) Environmental mitigation efforts related 
                to projects funded under this section, as 
                described in subsection (g).
                  (P) Construction of publicly owned intracity 
                or intercity bus terminals servicing the 
                National Highway System.
                  (Q) Projects on or off the National Highway 
                System to reduce greenhouse gas emissions that 
                are eligible under section 171, including the 
                installation of electric vehicle charging 
                infrastructure.
                  (R) Projects on or off the National Highway 
                System to enhance resilience of a 
                transportation facility eligible under section 
                124, including protective features and natural 
                infrastructure.
                  (S) Projects and strategies to reduce 
                vehicle-caused wildlife mortality related to, 
                or to restore and maintain connectivity among 
                terrestrial or aquatic habitats affected by, a 
                transportation facility eligible for assistance 
                under this section.
                  (T) Projects on or off the National Highway 
                System to improve an evacuation route eligible 
                under section 124(b)(1)(C).
                  (U) The removal, retrofit, repurposing, 
                remediation, or replacement of a highway on the 
                National Highway System that creates a barrier 
                to community connectivity to improve access for 
                multiple modes of transportation.
          (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 
                                public transportation project 
                                eligible for assistance under 
                                chapter 53 of title 49; or
                                  (III) the construction of a 
                                non-single occupancy passenger 
                                vehicle project that improves 
                                freight movement; and
                  (C) has a public plan for maintaining and 
                operating the new asset while continuing its 
                progress in achieving a state of good repair 
                under subparagraph (A).
  (e) State Asset and Performance Management.--
          (1) In general.--A State shall develop a risk-based 
        asset management plan for the National Highway System 
        to improve or preserve the condition of the assets and 
        the performance of the system.
          (2) Performance driven plan.--A State asset 
        management plan shall include strategies leading to a 
        program of projects that would make progress toward 
        achievement of the State targets for asset condition 
        and performance of the National Highway System in 
        accordance with section 150(d) and supporting the 
        progress toward the achievement of the national goals 
        identified in section 150(b).
          (3) Scope.--In developing a risk-based asset 
        management plan, the Secretary shall encourage States 
        to include all infrastructure assets within the right-
        of-way corridor in such plan.
          (4) Plan contents.--A State asset management plan 
        shall, at a minimum, be in a form that the Secretary 
        determines to be appropriate and include--
                  (A) a summary listing of the pavement and 
                bridge assets on the National Highway System in 
                the State, including a description of the 
                condition of those assets;
                  (B) asset management objectives and measures;
                  (C) performance gap identification;
                  (D) lifecycle cost and risk management 
                [analysis] analyses, both of which shall take 
                into consideration climate change adaptation 
                and resilience;;
                  (E) a financial plan; and
                  (F) investment strategies.
          (5) Requirement for plan.--
                  (A) In general.--Notwithstanding section 120, 
                each fiscal year, if the Secretary determines 
                that a State has not developed and implemented 
                a State asset management plan consistent with 
                this section, the Federal share payable on 
                account of any project or activity for which 
                funds are obligated by the State in that fiscal 
                year under this section shall be 65 percent.
                  (B) Determination.--The Secretary shall make 
                the determination under subparagraph (A) for a 
                fiscal year not later than the day before the 
                beginning of such fiscal year.
          (6) Certification of plan development process.--
                  (A) In general.--Not later than 90 days after 
                the date on which a State submits a request for 
                approval of the process used by the State to 
                develop the State asset management plan for the 
                National Highway System, the Secretary shall--
                          (i) review the process; and
                          (ii)(I) certify that the process 
                        meets the requirements established by 
                        the Secretary; or
                          (II) deny certification and specify 
                        actions necessary for the State to take 
                        to correct deficiencies in the State 
                        process.
                  (B) Recertification.--Not less frequently 
                than once every 4 years, the Secretary shall 
                review and recertify that the process used by a 
                State to develop and maintain the State asset 
                management plan for the National Highway System 
                meets the requirements for the process, as 
                established by the Secretary.
                  (C) Opportunity to cure.--If the Secretary 
                denies certification under subparagraph (A), 
                the Secretary shall provide the State with--
                          (i) not less than 90 days to cure the 
                        deficiencies of the plan, during which 
                        time period all penalties and other 
                        legal impacts of a denial of 
                        certification shall be stayed; and
                          (ii) a written statement of the 
                        specific actions the Secretary 
                        determines to be necessary for the 
                        State to cure the plan.
          (7) Performance achievement.--A State that does not 
        achieve or make significant progress toward achieving 
        the targets of the State for performance measures 
        described in section 150(d) for the National Highway 
        System shall include as part of the performance target 
        report under section 150(e) a description of the 
        actions the State will undertake to achieve the 
        targets.
          (8) Process.--[Not later than 18 months after the 
        date of enactment of the MAP-21, the Secretary] The 
        Secretary shall, by regulation and in consultation with 
        State departments of transportation, establish the 
        process to develop the State asset management plan 
        described in paragraph (1).
  (f) Interstate System and NHS Bridge Conditions.--
          (1) Condition of interstate system.--
                  (A) Penalty.--If a State reports that the 
                condition of the Interstate System, excluding 
                bridges on the Interstate System, has fallen 
                below the minimum condition level established 
                by the Secretary under section 150(c)(3), the 
                State shall be required, during the following 
                fiscal year--
                          (i) to obligate, from the amounts 
                        apportioned to the State under section 
                        104(b)(1), an amount that is not less 
                        than the amount of funds apportioned to 
                        the State for fiscal year 2009 under 
                        the Interstate maintenance program for 
                        the purposes described in this section 
                        (as in effect on the day before the 
                        date of enactment of the MAP-21), 
                        except that for each year after fiscal 
                        year 2013, the amount required to be 
                        obligated under this clause shall be 
                        increased by 2 percent over the amount 
                        required to be obligated in the 
                        previous fiscal year; and
                          (ii) to transfer, from the amounts 
                        apportioned to the State under section 
                        104(b)(2) (other than amounts 
                        suballocated to metropolitan areas and 
                        other areas of the State under section 
                        133(d)) to the apportionment of the 
                        State under section 104(b)(1), an 
                        amount equal to 10 percent of the 
                        amount of funds apportioned to the 
                        State for fiscal year 2009 under the 
                        Interstate maintenance program for the 
                        purposes described in this section (as 
                        in effect on the day before the date of 
                        enactment of the MAP-21).
                  (B) Restoration.--The obligation requirement 
                for the Interstate System in a State required 
                by subparagraph (A) for a fiscal year shall 
                remain in effect for each subsequent fiscal 
                year until such time as the condition of the 
                Interstate System in the State exceeds the 
                minimum condition level established by the 
                Secretary.
          (2) Condition of nhs bridges.--
                  (A) Penalty.--If the Secretary determines 
                that, for the 3-year-period preceding the date 
                of the determination, more than 10 percent of 
                the total deck area of bridges in the State on 
                the National Highway System is located on 
                bridges that have been classified as 
                structurally deficient, an amount equal to 50 
                percent of funds apportioned to such State for 
                fiscal year 2009 to carry out section 144 (as 
                in effect the day before enactment of MAP-21) 
                shall be set aside from amounts apportioned to 
                a State for a fiscal year under section 
                104(b)(1) only for eligible projects on bridges 
                on the National Highway System.
                  (B) Restoration.--The set-aside requirement 
                for bridges on the National Highway System in a 
                State under subparagraph (A) for a fiscal year 
                shall remain in effect for each subsequent 
                fiscal year until such time as less than 10 
                percent of the total deck area of bridges in 
                the State on the National Highway System is 
                located on bridges that have been classified as 
                structurally deficient, as determined by the 
                Secretary.
  (g) Environmental Mitigation.--
          (1) Eligible activities.--In accordance with all 
        applicable Federal law (including regulations), 
        environmental mitigation efforts referred to in 
        subsection (d)(2)(O) include participation in natural 
        habitat and wetlands mitigation efforts relating to 
        projects funded under this title, which may include--
                  (A) participation in mitigation banking or 
                other third-party mitigation arrangements, such 
                as--
                          (i) the purchase of credits from 
                        commercial mitigation banks;
                          (ii) the establishment and management 
                        of agency-sponsored mitigation banks; 
                        and
                          (iii) the purchase of credits or 
                        establishment of in-lieu fee mitigation 
                        programs;
                  (B) contributions to statewide and regional 
                efforts to conserve, restore, enhance, and 
                create natural habitats and wetlands; and
                  (C) the development of statewide and regional 
                environmental protection plans, including 
                natural habitat and wetland conservation and 
                restoration plans.
          (2) Inclusion of other activities.--The banks, 
        efforts, and plans described in paragraph (1) include 
        any such banks, efforts, and plans developed in 
        accordance with applicable law (including regulations).
          (3) Terms and conditions.--The following terms and 
        conditions apply to natural habitat and wetlands 
        mitigation efforts under this subsection:
                  (A) Contributions to the mitigation effort 
                may--
                          (i) take place concurrent with, or in 
                        advance of, commitment of funding under 
                        this title to a project or projects; 
                        and
                          (ii) occur in advance of project 
                        construction only if the efforts are 
                        consistent with all applicable 
                        requirements of Federal law (including 
                        regulations) and State transportation 
                        planning processes.
                  (B) Credits from any agency-sponsored 
                mitigation bank that are attributable to 
                funding under this section may be used only for 
                projects funded under this title, unless the 
                agency pays to the Secretary an amount equal to 
                the Federal funds attributable to the 
                mitigation bank credits the agency uses for 
                purposes other than mitigation of a project 
                funded under this title.
          (4) Preference.--At the discretion of the project 
        sponsor, preference shall be given, to the maximum 
        extent practicable, to mitigating an environmental 
        impact through the use of a mitigation bank, in-lieu 
        fee, or other third-party mitigation arrangement, if 
        the use of credits from the mitigation bank or in-lieu 
        fee, or the other third-party mitigation arrangement 
        for the project, is approved by the applicable Federal 
        agency.
  (h) TIFIA Program.--Upon Secretarial approval of credit 
assistance under chapter 6, the Secretary, at the request of a 
State, may allow the State to use funds apportioned under 
section 104(b)(1) to pay subsidy and administrative costs 
necessary to provide an eligible entity Federal credit 
assistance under chapter 6 with respect to a project eligible 
for assistance under this section.
  (i) Additional Funding Eligibility for Certain Bridges.--
          (1) In general.--Funds apportioned to a State to 
        carry out the national highway performance program may 
        be obligated for a project for the reconstruction, 
        resurfacing, restoration, rehabilitation, or 
        preservation of a bridge not on the National Highway 
        System, if the bridge is on a Federal-aid highway.
          (2) Limitation.--A State required to make obligations 
        under subsection (f) shall ensure such requirements are 
        satisfied in order to use the flexibility under 
        paragraph (1).
  (j) Critical Infrastructure.--
          (1) Critical infrastructure defined.--In this 
        subsection, the term ``critical infrastructure'' means 
        those facilities the incapacity or failure of which 
        would have a debilitating impact on national or 
        regional economic security, national or regional energy 
        security, national or regional public health or safety, 
        or any combination of those matters.
          (2) Consideration.--The asset management plan of a 
        State may include consideration of critical 
        infrastructure from among those facilities in the State 
        that are eligible under subsection (c).
          (3) Risk reduction.--A State may use funds 
        apportioned under this section for projects intended to 
        reduce the risk of failure of critical infrastructure 
        in the State.
  (k) Benefit-Cost Analysis.--In carrying out subsection 
(d)(3)(B)(ii), the Secretary shall establish a process for 
analyzing the cost and benefits of projects under such 
subsection, ensuring that--
          (1) the benefit-cost analysis includes a calculation 
        of all the benefits addressed in the performance 
        measures established under section 150;
          (2) the benefit-cost analysis includes a 
        consideration of the total maintenance cost of an asset 
        over the lifecycle of the asset; and
          (3) the State demonstrates that any transportation 
        demand modeling used to calculate the benefit-cost 
        analysis has a documented record of accuracy.

Sec. 120. Federal share payable

  (a) Interstate System Projects.--
          (1) In general.--Except as otherwise provided in this 
        chapter, the Federal share payable on account of any 
        project on the Interstate System (including a project 
        to add high occupancy vehicle lanes and a project to 
        add auxiliary lanes but excluding a project to add any 
        other lanes) shall be 90 percent of the total cost 
        thereof, plus a percentage of the remaining 10 percent 
        of such cost in any State containing unappropriated and 
        unreserved public lands and nontaxable Indian lands, 
        individual and tribal, exceeding 5 percent of the total 
        area of all lands therein, equal to the percentage that 
        the area of such lands in such State is of its total 
        area; except that such Federal share payable on any 
        project in any State shall not exceed 95 percent of the 
        total cost of such project.
          (2) State-determined lower federal share.--In the 
        case of any project subject to paragraph (1), a State 
        may determine a lower Federal share than the Federal 
        share determined under such paragraph.
  (b) Other Projects.--Except as otherwise provided in this 
title, the Federal share payable on account of any project or 
activity carried out under this title (other than a project 
subject to subsection (a)) shall be--
          (1) 80 percent of the cost thereof, except that in 
        the case of any State containing nontaxable Indian 
        lands, individual and tribal, and public domain lands 
        (both reserved and unreserved) exclusive of national 
        forests and national parks and monuments, exceeding 5 
        percent of the total area of all lands therein, the 
        Federal share, for purposes of this chapter, shall be 
        increased by a percentage of the remaining cost equal 
        to the percentage that the area of all such lands in 
        such State, is of its total area; or
          (2) 80 percent of the cost thereof, except that in 
        the case of any State containing nontaxable Indian 
        lands, individual and tribal, public domain lands (both 
        reserved and unreserved), national forests, and 
        national parks and monuments, the Federal share, for 
        purposes of this chapter, shall be increased by a 
        percentage of the remaining cost equal to the 
        percentage that the area of all such lands in such 
        State is of its total area;
except that the Federal share payable on any project in a State 
shall not exceed 95 percent of the total cost of any such 
project. In any case where a State elects to have the Federal 
share provided in paragraph (2) of this subsection, the State 
must enter into an agreement with the Secretary covering a 
period of not less than 1 year, requiring such State to use 
solely for purposes eligible for assistance under this title 
(other than paying its share of projects approved under this 
title) during the period covered by such agreement the 
difference between the State's share as provided in paragraph 
(2) and what its share would be if it elected to pay the share 
provided in paragraph (1) for all projects subject to such 
agreement. In the case of any project subject to this 
subsection, a State may determine a lower Federal share than 
the Federal share determined under the preceding sentences of 
this subsection.
  (c) Increased Federal Share.--
          (1) Certain safety projects.--The Federal share 
        payable on account of any project for traffic control 
        signalization, maintaining minimum levels of 
        retroreflectivity of highway signs or pavement 
        markings, traffic circles (also known as 
        ``roundabouts''), safety rest areas, pavement marking, 
        shoulder and centerline rumble strips and stripes, 
        commuter carpooling and vanpooling, rail-highway 
        crossing closure, or installation of traffic signs, 
        traffic lights, guardrails, impact attenuators, 
        concrete barrier endtreatments, breakaway utility 
        poles, or priority control systems for emergency 
        vehicles or transit vehicles at signalized 
        intersections may amount to 100 percent of the cost of 
        construction of such projects; except that not more 
        than 10 percent of all sums apportioned for all the 
        Federal-aid programs for any fiscal year in accordance 
        with section 104 of this title shall be used under this 
        subsection. In this subsection, the term ``safety rest 
        area'' means an area where motor vehicle operators can 
        park their vehicles and rest, where food, fuel, and 
        lodging services are not available, and that is located 
        on a segment of highway with respect to which the 
        Secretary determines there is a shortage of public and 
        private areas at which motor vehicle operators can park 
        their vehicles and rest.
          (2) CMAQ projects.--The Federal share payable on 
        account of a project or program carried out under 
        section 149 with funds obligated in fiscal year 2008 or 
        2009, or both, shall be not less than 80 percent and, 
        at the discretion of the State, may be up to 100 
        percent of the cost thereof.
          (3) Innovative project delivery.--
                   (A) In general.--Except as provided in 
                subparagraph (C), the Federal share payable on 
                account of a project, program, or activity 
                carried out with funds apportioned under 
                paragraph (1), (2), [(5)(D),] or (6) of section 
                104(b) may, at the discretion of the State, be 
                up to 100 percent for any such project, 
                program, or activity that the Secretary 
                determines--
                          (i) contains innovative project 
                        delivery methods that improve work zone 
                        safety for motorists or workers and the 
                        quality of the facility;
                          (ii) contains innovative 
                        technologies, engineering or design 
                        approaches, manufacturing processes, 
                        financing, or contracting or project 
                        delivery methods that improve the 
                        quality of, extend the service life of, 
                        or decrease the long-term costs of 
                        maintaining highways and bridges;
                          (iii) accelerates project delivery 
                        while complying with other applicable 
                        Federal laws (including regulations) 
                        and not causing any significant adverse 
                        environmental impact; or
                          (iv) reduces congestion related to 
                        highway construction.
                  (B) Examples.--Projects, programs, and 
                activities described in subparagraph (A) may 
                include the use of--
                          [(i) prefabricated bridge elements 
                        and systems and other technologies to 
                        reduce bridge construction time;
                          [(ii) innovative construction 
                        equipment, materials, or techniques, 
                        including the use of in-place recycling 
                        technology and digital 3-dimensional 
                        modeling technologies;]
                          (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;
                          (iii) innovative contracting methods, 
                        including the design-build and the 
                        construction manager-general contractor 
                        contracting methods and alternative 
                        bidding;
                          (iv) intelligent compaction 
                        equipment;
                          (v) innovative pavement materials 
                        that have a demonstrated life cycle of 
                        75 or more years, are manufactured with 
                        reduced greenhouse gas emissions, and 
                        reduce construction-related congestion 
                        by rapidly curing; [or]
                          (vi) innovative pavement materials 
                        that demonstrate reductions in--
                                  (I) greenhouse gas emissions 
                                through sequestration or 
                                innovative manufacturing 
                                processes; or
                                  (II) local air pollution, 
                                stormwater runoff, or noise 
                                pollution;
                          (vii) innovative culvert materials 
                        that are made with recycled content and 
                        demonstrate reductions in greenhouse 
                        gas emissions;
                          (viii) contractual provisions that 
                        provide safety contingency funds to 
                        incorporate safety enhancements to work 
                        zones prior to or during roadway 
                        construction and maintenance 
                        activities; or
                          [(vi)] (ix) contractual provisions 
                        that offer a contractor an incentive 
                        payment for early completion of the 
                        project, program, or activity, subject 
                        to the condition that the incentives 
                        are accounted for in the financial plan 
                        of the project, when applicable.
                  (C) Limitations.--
                           (i) In general.--In each fiscal 
                        year, a State may use the authority 
                        under subparagraph (A) for up to 10 
                        percent of the combined apportionments 
                        of the State under paragraphs (1), (2), 
                        [(5)(D),] and (6) of section 104(b).
                          (ii) Federal share increase.--The 
                        Federal share payable on account of a 
                        project, program, or activity described 
                        in subparagraph (A) may be increased by 
                        up to 5 percent of the total project 
                        cost.
  (d) The Secretary may rely on a statement from the Secretary 
of the Interior as to the area of the lands referred to in 
subsections (a) and (b) of this section. The Secretary of the 
Interior is authorized and directed to provide such statement 
annually.
  (e) Emergency Relief.--The Federal share payable for any 
repair or reconstruction provided for by funds made available 
under section 125 for any project on a Federal-aid highway, 
including the Interstate System, shall not exceed the Federal 
share payable on a project on the system as provided in 
subsections (a) and (b), except that--
          (1) the Federal share payable for eligible emergency 
        repairs to minimize damage, protect facilities, or 
        restore essential traffic accomplished within 180 days 
        after the actual occurrence of the natural disaster or 
        catastrophic failure may amount to 100 percent of the 
        cost of the repairs;
          (2) the Federal share payable for any repair or 
        reconstruction of Federal land transportation 
        facilities, other Federally owned roads that are open 
        to public travel, and tribal transportation facilities 
        may amount to 100 percent of the cost of the repair or 
        reconstruction;
          (3) the Secretary shall extend the time period in 
        paragraph (1) taking into consideration any delay in 
        the ability of the State to access damaged facilities 
        to evaluate damage and the cost of repair; and
          (4) the Federal share payable for eligible permanent 
        repairs to restore damaged facilities to predisaster 
        condition may amount to 90 percent of the cost of the 
        repairs if the eligible expenses incurred by the State 
        due to natural disasters or catastrophic failures in a 
        Federal fiscal year exceeds the annual apportionment of 
        the State under section 104 for the fiscal year in 
        which the disasters or failures occurred.
  (f) The Secretary is authorized to cooperate with the State 
transportation departments and with the Department of the 
Interior in the construction of Federal-aid highways within 
Indian reservations and national parks and monuments under the 
jurisdiction of the Department of the Interior and to pay the 
amount assumed therefor from the funds apportioned in 
accordance with section 104 of this title to the State wherein 
the reservations and national parks and monuments are located.
  (g) Notwithstanding any other provision of this section or of 
this title, the Federal share payable on account of any project 
under this title in the Virgin Islands, Guam, American Samoa, 
or the Commonwealth of the Northern Mariana Islands shall be 
100 per centum of the total cost of the project.
  (h) Increased Non-Federal Share.--Notwithstanding any other 
provision of this title and subject to such criteria as the 
Secretary may establish, a State may contribute an amount in 
excess of the non-Federal share of a project under this title 
so as to decrease the Federal share payable on such project.
  (i) Credit for Non-Federal Share.--
          (1) Eligibility.--
                  (A) In general.--A State may use as a credit 
                toward the non-Federal share requirement for 
                any funds made available to carry out this 
                title (other than the emergency relief program 
                authorized by section 125) or chapter 53 of 
                title 49 toll revenues that are generated and 
                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.
                  (B) Special rule for use of federal funds.--
                If the public, quasi-public, or private agency 
                has built, improved, or maintained the facility 
                using Federal funds, the credit under this 
                paragraph shall be 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.
                  (C) Federal funds defined.--In this 
                paragraph, the term ``Federal funds'' does not 
                include loans of Federal funds or other 
                financial assistance that must be repaid to the 
                Government.
          (2) Maintenance of effort.--
                  (A) In general.--The credit for any non-
                Federal share provided under this subsection 
                shall not reduce nor replace State funds 
                required to match Federal funds for any program 
                under this title.
                  (B) Condition on receipt of credit.--To 
                receive a credit under paragraph (1) for a 
                fiscal year, a State shall enter into such 
                agreement as the Secretary may require to 
                ensure that the State will maintain its non-
                Federal transportation capital expenditures in 
                such fiscal year at or above the average level 
                of such expenditures for the preceding 3 fiscal 
                years; except that if, for any 1 of the 
                preceding 3 fiscal years, the non-Federal 
                transportation capital expenditures of the 
                State were at a level that was greater than 130 
                percent of the average level of such 
                expenditures for the other 2 of the preceding 3 
                fiscal years, the agreement shall ensure that 
                the State will maintain its non-Federal 
                transportation capital expenditures in the 
                fiscal year of the credit at or above the 
                average level of such expenditures for the 
                other 2 fiscal years.
                  (C) Transportation capital expenditures 
                defined.--In subparagraph (B), the term ``non-
                Federal transportation capital expenditures'' 
                includes any payments made by the State for 
                issuance of transportation-related bonds.
          (3) Treatment.--
                  (A) Limitation on liability.--Use of a credit 
                for a non-Federal share under this subsection 
                that is received from a public, quasi-public, 
                or private agency--
                          (i) shall not expose the agency to 
                        additional liability, additional 
                        regulation, or additional 
                        administrative oversight; and
                          (ii) shall not subject the agency to 
                        any additional Federal design standards 
                        or laws (including regulations) as a 
                        result of providing the non-Federal 
                        share other than those to which the 
                        agency is already subject.
                  (B) Chartered multistate agencies.--When a 
                credit that is received from a chartered 
                multistate agency is applied to a non-Federal 
                share under this subsection, such credit shall 
                be applied equally to all charter States.
  (j) Use of Federal Agency Funds.--Notwithstanding any other 
provision of law, any Federal funds other than those made 
available under this title and title 49 may be used to pay the 
non-Federal share of the cost of any transportation project 
that is within, adjacent to, or provides access to Federal 
land, the Federal share of which is funded under this title or 
chapter 53 of title 49.
  (k) Use of Federal Land and Tribal Transportation Funds.--
Notwithstanding any other provision of law, the funds 
authorized to be appropriated to carry out the tribal 
transportation program under section 202 and the Federal lands 
transportation program under section 203 may be used to pay the 
non-Federal share of the cost of any project that is funded 
under this title or chapter 53 of title 49 and that provides 
access to or within Federal or tribal land.

           *       *       *       *       *       *       *


Sec. 124. Predisaster mitigation program

  (a) Establishment.--The Secretary shall establish and 
implement a predisaster mitigation program to enhance the 
resilience of the transportation system of the United States, 
mitigate the impacts of covered events, and ensure the 
efficient use of Federal resources.
  (b) Eligible Activities.--
          (1) In general.--Subject to paragraph (2), funds 
        apportioned to the State under section 104(b)(8) may be 
        obligated for--
                  (A) construction activities, including 
                construction of natural infrastructure or 
                protective features--
                          (i) to increase the resilience of a 
                        surface transportation infrastructure 
                        asset to withstand a covered event;
                          (ii) to relocate or provide a 
                        reasonable alternative to a repeatedly 
                        damaged facility; and
                          (iii) for an evacuation route 
                        identified in the vulnerability 
                        assessment required under section 
                        134(i)(2)(I)(iii) or section 
                        135(f)(10)(C) to--
                                  (I) improve the capacity or 
                                operation of such evacuation 
                                route through communications 
                                and intelligent transportation 
                                system equipment and 
                                infrastructure, counterflow 
                                measures, and shoulders; and
                                  (II) relocate such evacuation 
                                route or provide a reasonable 
                                alternative to such evacuation 
                                route to address the risk of a 
                                covered event;
                  (B) resilience planning activities, including 
                activities described in sections 134(i)(2)(I) 
                and 135(f)(10) of this title and sections 
                5303(i)(2)(I) and 5304(f)(10) of title 49; and
                  (C) the development of projects and programs 
                that help States, territories, and regions 
                recover from covered events that significantly 
                disrupt the transportation system, including--
                          (i) predisaster training programs 
                        that help agencies and regional 
                        stakeholders plan for and prepare 
                        multimodal recovery efforts; and
                          (ii) the establishment of region-wide 
                        telework training and programs.
          (2) Infrastructure resilience and adaptation.--No 
        funds shall be obligated to a project under this 
        section unless the project meets each of the following 
        criteria:
                  (A) The project is designed to ensure 
                resilience over the anticipated service life of 
                the surface transportation infrastructure 
                asset.
                  (B) The project is identified in the 
                metropolitan or statewide transportation 
                improvement program as a project to address 
                resilience vulnerabilities, consistent with 
                section 134(j)(3)(E) or 135(g)(5)(B)(iii).
          (3) Prioritization of projects.--A State shall 
        develop a process to prioritize projects under this 
        section based on the degree to which the proposed 
        project would--
                  (A) be cost effective in the long-term;
                  (B) reduce the risk of disruption to a 
                surface transportation infrastructure asset 
                considered critical to support population 
                centers, freight movement, economic activity, 
                evacuation, recovery, national security 
                functions, or critical infrastructure; and
                  (C) ease disruptions to vulnerable, at-risk, 
                or transit-dependant populations.
  (c) Guidance.--The Secretary shall provide guidance to States 
to assist with the implementation of paragraphs (2) and (3) of 
subsection (b).
  (d) Definitions.--In this section:
          (1) Covered event.--The term ``covered event'' means 
        a climate change effect (including sea level rise), 
        flooding, and an extreme event or other natural 
        disaster (including wildfires, seismic activity, and 
        landslides).
          (2) Surface transportation infrastructure asset.--The 
        term ``surface transportation infrastructure asset'' 
        means a facility eligible for assistance under this 
        title or chapter 53 of title 49.

Sec. 125. Emergency relief

  (a) In General.--Subject to this section and section 120, an 
emergency fund is authorized for expenditure by the Secretary 
for the repair or reconstruction of highways, roads, and 
trails, in any area of the United States, including Indian 
reservations, that the Secretary finds have suffered serious 
damage as a result of--
          (1) a natural disaster over a wide area, such as by a 
        flood, hurricane, tidal wave, earthquake, severe storm, 
        wildfire, or landslide; or
          (2) catastrophic failure from any external cause.
  [(b) Restriction on Eligibility.--
          [(1) Definition of construction phase.--In this 
        subsection, 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.
          [(2) Restriction.--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).]
  [(c)] (b) Funding.--
          (1) In general.--Subject to the limitations described 
        in paragraph (2), there are authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) such sums as are necessary to 
        establish the fund authorized by this section and to 
        replenish that fund on an annual basis.
          (2) Limitations.--The limitations referred to in 
        paragraph (1) are that--
                  (A) not more than $100,000,000 is authorized 
                to be obligated [in any 1 fiscal year 
                commencing after September 30, 1980,] in any 
                fiscal year to carry out this section, except 
                that, if for any fiscal year the total of all 
                obligations under this section is less than the 
                amount authorized to be obligated for the 
                fiscal year, the unobligated balance of that 
                amount shall--
                          (i) remain available until expended; 
                        and
                          (ii) be in addition to amounts 
                        otherwise available to carry out this 
                        section for each year; and
                  (B)(i) pending such appropriation or 
                replenishment, the Secretary may obligate from 
                any funds appropriated at any time for 
                obligation in accordance with this title, 
                including existing Federal-aid appropriations, 
                such sums as are necessary for the immediate 
                prosecution of the work herein authorized; and
                  (ii) funds obligated under this subparagraph 
                shall be reimbursed from the appropriation or 
                replenishment.
  [(d)] (c) Eligibility.--
          [(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, except that--
                  [(A) no funds shall be so expended unless 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
                  [(B) 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.
          [(2) Cost limitation.--
                  [(A) Definition of comparable facility.--In 
                this paragraph, 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.
                  [(B) Limitation.--The total cost of a project 
                funded under this section may not exceed the 
                cost of repair or reconstruction of a 
                comparable facility.]
          (1) In general.--The Secretary may expend funds from 
        the emergency fund authorized by this section only for 
        the repair or reconstruction of highways on Federal-aid 
        highways in accordance with this chapter.
          (2) Restrictions.--
                  (A) In general.--No funds shall be expended 
                from the emergency fund authorized by this 
                section unless--
                          (i) an emergency has been declared by 
                        the Governor of the State with 
                        concurrence by the Secretary, unless 
                        the President has declared the 
                        emergency to be a major disaster for 
                        the purposes of the Robert T. Stafford 
                        Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.) 
                        for which concurrence of the Secretary 
                        is not required; and
                          (ii) the Secretary has received an 
                        application from the State 
                        transportation department that includes 
                        a comprehensive list of all eligible 
                        project sites and repair costs by not 
                        later than 2 years after the natural 
                        disaster or catastrophic failure.
                  (B) Cost limitation.--The total cost of a 
                project funded under this section may not 
                exceed the cost of repair or reconstruction of 
                a comparable facility unless the Secretary 
                determines that the project incorporates 
                economically justified betterments, including 
                protective features to increase the resilience 
                of the facility.
                  (C) Repeatedly damaged facilities.--An 
                application submitted under this section for 
                the permanent repair or reconstruction of a 
                repeatedly damaged facility shall include 
                consideration and, if feasible, incorporation 
                of economically justifiable betterments, 
                including protective features, to increase the 
                resilience of such facility.
          (3) Special rule for bridge projects.--In no case 
        shall funds be used under this section for the repair 
        or reconstruction of a bridge--
                  (A) that has been permanently closed to all 
                vehicular traffic by the State or responsible 
                local official because of imminent danger of 
                collapse due to a structural deficiency or 
                physical deterioration; or
                  (B) if a construction phase of a replacement 
                structure is included in the approved statewide 
                transportation improvement program at the time 
                of an event described in subsection (a).
          [(3)] (4) Debris removal.--The costs of debris 
        removal shall be an eligible expense under this section 
        only for--
                  (A) an event not declared a major disaster or 
                emergency by the President under the Robert T. 
                Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.);
                  (B) an event declared a major disaster or 
                emergency by the President under that Act if 
                the debris removal is not eligible for 
                assistance under section 403, 407, or 502 of 
                that Act (42 U.S.C. 5170b, 5173, 5192); or
                  (C) projects eligible for assistance under 
                this section located on tribal transportation 
                facilities, Federal lands transportation 
                facilities, or other federally owned roads that 
                are open to public travel [(as defined in 
                subsection (e)(1))].
          (5) Substitute traffic.--Notwithstanding any other 
        provision of this section, actual and necessary costs 
        of maintenance and operation of ferryboats or 
        additional transit service providing temporary 
        substitute highway traffic service, less the amount of 
        fares charged for comparable service, may be expended 
        from the emergency fund authorized by this section for 
        Federal-aid highways.
  [(e)] (d) Tribal Transportation Facilities, Federal Lands 
Transportation Facilities, and Public Roads on Federal Lands.--
          [(1) Definitions.--In this subsection, the following 
        definitions apply:
                  [(A) 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--
                          [(i) is maintained;
                          [(ii) is open to the general public; 
                        and
                          [(iii) 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.
                  [(B) 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.]
          [(2)] (1) Expenditure of funds.--Notwithstanding 
        [subsection (d)(1)] subsection (c)(1), the Secretary 
        may expend funds from the emergency fund authorized by 
        this section, independently or in cooperation with any 
        other branch of the Federal Government, a State agency, 
        a tribal government, an organization, or a person, for 
        the repair or reconstruction of tribal transportation 
        facilities, Federal lands transportation facilities, 
        and other federally owned roads that are open to public 
        travel, whether or not those facilities are Federal-aid 
        highways.
          [(3)] (2) Reimbursement.--
                  (A) In general.--The Secretary may reimburse 
                Federal and State agencies (including political 
                subdivisions) for expenditures made for 
                projects determined eligible under this 
                section, including expenditures for emergency 
                repairs made before a determination of 
                eligibility.
                  (B) Transfers.--With respect to 
                reimbursements described in subparagraph (A)--
                          (i) those reimbursements to Federal 
                        agencies and Indian tribal governments 
                        shall be transferred to the account 
                        from which the expenditure was made, or 
                        to a similar account that remains 
                        available for obligation; and
                          (ii) the budget authority associated 
                        with the expenditure shall be restored 
                        to the agency from which the authority 
                        was derived and shall be available for 
                        obligation until the end of the fiscal 
                        year following the year in which the 
                        transfer occurs.
  [(f)] (e) Treatment of Territories.--For purposes of this 
section, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands shall be 
considered to be States and parts of the United States, and the 
chief executive officer of each such territory shall be 
considered to be a Governor of a State.
  [(g)] (f) Protecting Public Safety and Maintaining 
Roadways.--The Secretary may use not more than 5 percent of 
amounts from the emergency fund authorized by this section to 
carry out projects that the Secretary determines are necessary 
to protect the public safety or to maintain or protect roadways 
that are included within the scope of an emergency declaration 
by the Governor of the State or by the President, in accordance 
with this section, and the Governor deems to be an ongoing 
concern in order to maintain vehicular traffic on the roadway.
  (g) Imposition of Deadline.--
          (1) In general.--Notwithstanding any other provision 
        of law, the Secretary may not require any project 
        funded under this section to advance to the 
        construction obligation stage before the date that is 
        the last day of the sixth fiscal year after the later 
        of--
                  (A) the date on which the Governor declared 
                the emergency, as described in subsection 
                (c)(2)(A)(i); or
                  (B) the date on which the President declared 
                the emergency to be a major disaster, as 
                described in such subsection.
          (2) Extension of deadline.--If the Secretary imposes 
        a deadline for advancement to the construction 
        obligation stage pursuant to paragraph (1), the 
        Secretary may, upon the request of the Governor of the 
        State, issue an extension of not more than 1 year to 
        complete such advancement, and may issue additional 
        extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has 
        provided suitable justification to warrant such an 
        extension.
  (h) Hazard Mitigation Pilot Program.--
          (1) In general.--The Secretary shall establish a 
        hazard mitigation pilot program for the purpose of 
        mitigating future hazards posed to Federal-aid 
        highways, Federal lands transportation facilities, and 
        Tribal transportation facilities.
          (2) Allocation of funds.--
                  (A) Authorization of appropriations.--There 
                is authorized to be appropriated such sums as 
                may be necessary for the pilot program 
                established under this subsection.
                  (B) Calculation.--Annually, the Secretary 
                shall calculate the total amount of outstanding 
                eligible repair costs under the emergency 
                relief program under this section, including 
                the emergency relief backlog, for each State, 
                territory, and Indian Tribe.
                  (C) Allocation.--Any amounts made available 
                under this subsection shall be distributed to 
                each State, territory, or Indian Tribe based 
                on--
                          (i) the ratio that the total amount 
                        of outstanding eligible repair costs 
                        for such State, territory, or Indian 
                        Tribe, as described under subparagraph 
                        (B); bears to
                          (ii) the total amount of outstanding 
                        eligible repair costs for all States, 
                        territories, and Indian Tribes, as 
                        described under subparagraph (B).
                  (D) Limitation.--The allocation to a State, 
                territory, or Indian Tribe described under 
                subparagraph (C) shall not exceed 5 percent of 
                the total amount of outstanding eligible repair 
                costs under the emergency relief program for 
                such State, territory, or Indian Tribe, as 
                described in subparagraph (B).
          (3) Eligible activities.--Amounts made available 
        under this subsection shall be used for protective 
        features or other hazard mitigation activities that--
                  (A) the Secretary determines are cost 
                effective and that reduce the risk of, or 
                increase the resilience to, future damage to 
                existing assets as a result of natural 
                disasters; and
                  (B) are eligible under section 124.
          (4) Report.--For each fiscal year in which funding is 
        made available for the program under this subsection, 
        the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate a report detailing--
                  (A) a description of the activities carried 
                out under the pilot program;
                  (B) an evaluation of the effectiveness of the 
                pilot program in meeting purposes described in 
                paragraph (1); and
                  (C) policy recommendations to improve the 
                effectiveness of the pilot program.
          (5) Sunset.--The authority provided under this 
        subsection shall terminate on October 1, 2025.
  (i) Improving the Emergency Relief Program.--Not later than 1 
year after the date of enactment of the INVEST in America Act, 
the Secretary shall--
          (1) revise the emergency relief manual of the Federal 
        Highway Administration--
                  (A) to include and reflect the definition of 
                the term ``resilience'' (as defined in section 
                101(a));
                  (B) to identify procedures that States may 
                use to incorporate resilience into emergency 
                relief projects; and
                  (C) to consider economically justified 
                betterments in emergency relief projects, such 
                as--
                          (i) protective features that increase 
                        the resilience of the facility; and
                          (ii) incorporation of context 
                        sensitive design principles and other 
                        planned betterments that improve the 
                        safety of the facility;
          (2) consider transportation system access for 
        moderate and low-income families impacted by a major 
        disaster or emergency declared by the President under 
        section 401 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5170);
          (3) develop best practices for improving the use of 
        resilience in--
                  (A) the emergency relief program under this 
                section; and
                  (B) emergency relief efforts;
          (4) provide to division offices of the Federal 
        Highway Administration and State departments of 
        transportation information on the best practices 
        developed under paragraph (2); and
          (5) develop and implement a process to track--
                  (A) the consideration of resilience as part 
                of the emergency relief program under this 
                section; and
                  (B) the costs of emergency relief projects.
  (j) Definitions.--In this section:
          (1) Comparable facility.--The term ``comparable 
        facility'' means a facility that meets the current 
        geometric and construction standards required for the 
        types and volume of traffic that the facility will 
        carry over its design life.
          (2) Construction phase.--The term ``construction 
        phase'' means the phase of physical construction of a 
        highway or bridge facility that is separate from any 
        other identified phases, such as planning, design, or 
        right-of-way phases, in the State transportation 
        improvement program.
          (3) Open to public travel.--The term ``open to public 
        travel'' means with respect to a road, that, except 
        during scheduled periods, extreme weather conditions, 
        or emergencies, the road--
                  (A) is maintained;
                  (B) is open to the general public; and
                  (C) can accommodate travel by a standard 
                passenger vehicle, without restrictive gates or 
                prohibitive signs or regulations, other than 
                for general traffic control or restrictions 
                based on size, weight, or class of 
                registration.
          (4) Standard passenger vehicle.--The term ``standard 
        passenger vehicle'' means a vehicle with 6 inches of 
        clearance from the lowest point of the frame, body, 
        suspension, or differential to the ground.

Sec. 126. Transferability of Federal-aid highway funds

  (a) In General.--Notwithstanding any other provision of law, 
subject to subsection (b), a State may transfer from an 
apportionment under section 104(b) not to exceed 50 percent of 
the amount apportioned for the fiscal year to any other 
apportionment of the State under that section.
  (b) Application to Certain Set-Asides and Programs.--
          (1) In general.--Funds that are subject to sections 
        104(d) [and 133(d)(1)(A)], 130, 133(d)(1)(A), 133(h), 
        148(m), 149, 151(f), and 171 shall not be transferred 
        under this section.
          [(2) Funds transferred by states.--Funds transferred 
        by a State under this section of the funding reserved 
        for the State under section 133(h) for a fiscal year 
        may only come from the portion of those funds that are 
        available for obligation in any area of the State under 
        section 133(h).]
          (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. 127. Vehicle weight limitations--Interstate System

  (a) In General.--
          (1) The Secretary shall withhold 50 percent of the 
        apportionment of a State under section 104(b)(1) in any 
        fiscal year in which the State does not permit the use 
        of The Dwight D. Eisenhower System of Interstate and 
        Defense Highways within its boundaries by vehicles with 
        a weight of twenty thousand pounds carried on any one 
        axle, including enforcement tolerances, or with a 
        tandem axle weight of thirty-four thousand pounds, 
        including enforcement tolerances, or a gross weight of 
        at least eighty thousand pounds for vehicle 
        combinations of five axles or more.
          (2) However, the maximum gross weight to be allowed 
        by any State for vehicles using The Dwight D. 
        Eisenhower System of Interstate and Defense Highways 
        shall be twenty thousand pounds carried on one axle, 
        including enforcement tolerances, and a tandem axle 
        weight of thirty-four thousand pounds, including 
        enforcement tolerances and with an overall maximum 
        gross weight, including enforcement tolerances, on a 
        group of two or more consecutive axles produced by 
        application of the following formula:
where W equals overall gross weight on any group of two or more 
consecutive axles to the nearest five hundred pounds, L equals 
distance in feet between the extreme of any group of two or 
more consecutive axles, and N equals number of axles in group 
under consideration, except that two consecutive sets of tandem 
axles may carry a gross load of thirty-four thousand pounds 
each providing the overall distance between the first and last 
axles of such consecutive sets of tandem axles (1) is thirty-
six feet or more, or (2) in the case of a motor vehicle hauling 
any tank trailer, dump trailer, or ocean transport container 
before September 1, 1989, is 30 feet or more: Provided, That 
such overall gross weight may not exceed eighty thousand 
pounds, including all enforcement tolerances, except for 
vehicles using Interstate Route 29 between Sioux City, Iowa, 
and the border between Iowa and South Dakota or vehicles using 
Interstate Route 129 between Sioux City, Iowa, and the border 
between Iowa and Nebraska, and except for those vehicles and 
loads which cannot be easily dismantled or divided and which 
have been issued special permits in accordance with applicable 
State laws, or the corresponding maximum weights permitted for 
vehicles using the public highways of such State under laws or 
regulations established by appropriate State authority in 
effect on July 1, 1956, except in the case of the overall gross 
weight of any group of two or more consecutive axles on any 
vehicle (other than a vehicle comprised of a motor vehicle 
hauling any tank trailer, dump trailer, or ocean transport 
container on or after September 1, 1989), on the date of 
enactment of the Federal-Aid Highway Amendments of 1974, 
whichever is the greater.
          (3) Any amount which is withheld from apportionment 
        to any State pursuant to the foregoing provisions shall 
        lapse if not released and obligated within the 
        availability period specified in section 118(b).
          (4) This section shall not be construed to deny 
        apportionment to any State allowing the operation 
        within such State of any vehicles or combinations 
        thereof, other than vehicles or combinations subject to 
        subsection (d) of this section, which the State 
        determines could be lawfully operated within such State 
        on July 1, 1956, except in the case of the overall 
        gross weight of any group of two or more consecutive 
        axles, on the date of enactment of the Federal-Aid 
        Highway Amendments of 1974.
          (5) With respect to the State of Hawaii, laws or 
        regulations in effect on February 1, 1960, shall be 
        applicable for the purposes of this section in lieu of 
        those in effect on July 1, 1956.
          (6) With respect to the State of Colorado, vehicles 
        designed to carry 2 or more precast concrete panels 
        shall be considered a nondivisible load.
          (7) With respect to the State of Michigan, laws or 
        regulations in effect on May 1, 1982, shall be 
        applicable for the purposes of this subsection.
          (8) With respect to the State of Maryland, laws and 
        regulations in effect on June 1, 1993, shall be 
        applicable for the purposes of this subsection.
          (9) The State of Louisiana may allow, by special 
        permit, the operation of vehicles with a gross vehicle 
        weight of up to 100,000 pounds for the hauling of 
        sugarcane during the harvest season, not to exceed 100 
        days annually.
          (10) With respect to Interstate Routes 89, 93, and 95 
        in the State of New Hampshire--
                  (A) State laws (including regulations) 
                concerning vehicle weight limitations that were 
                in effect on January 1, 1987, and are 
                applicable to State highways other than the 
                Interstate System, shall be applicable in lieu 
                of the requirements of this subsection; and
                  (B) effective June 30, 2016, a combination of 
                truck-tractor and dump trailer equipped with 6 
                axles or more with a gross weight of up to 
                99,000 pounds shall be permitted if the 
                distances between the extreme axles, excluding 
                the steering axle, is 28 feet or more.
          (11)(A) With respect to all portions of the 
        Interstate Highway System in the State of Maine, laws 
        (including regulations) of that State concerning 
        vehicle weight limitations applicable to other State 
        highways shall be applicable in lieu of the 
        requirements under this subsection.
          (B) With respect to all portions of the Interstate 
        Highway System in the State of Vermont, laws (including 
        regulations) of that State concerning vehicle weight 
        limitations applicable to other State highways shall be 
        applicable in lieu of the requirements under this 
        subsection.
          (12) Heavy duty vehicles.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), in order to promote reduction of fuel 
                use and emissions because of engine idling, the 
                maximum gross vehicle weight limit and the axle 
                weight limit for any heavy-duty vehicle 
                equipped with an idle reduction technology 
                shall be increased by a quantity necessary to 
                compensate for the additional weight of the 
                idle reduction system.
                  (B) Maximum weight increase.--The weight 
                increase under subparagraph (A) shall be not 
                greater than 550 pounds.
                  (C) Proof.--On request by a regulatory agency 
                or law enforcement agency, the vehicle operator 
                shall provide proof (through demonstration or 
                certification) that--
                          (i) the idle reduction technology is 
                        fully functional at all times; and
                          (ii) the 550-pound gross weight 
                        increase is not used for any purpose 
                        other than the use of idle reduction 
                        technology described in subparagraph 
                        (A).
          (13) Milk products.--A vehicle carrying fluid milk 
        products shall be considered a load that cannot be 
        easily dismantled or divided.
  (b) Reasonable Access.--No State may enact or enforce any law 
denying reasonable access to motor vehicles subject to this 
title to and from the Interstate Highway System to terminals 
and facilities for food, fuel, repairs, and rest.
  (c) Ocean Transport Container Defined.--For purposes of this 
section, the term ``ocean transport container'' has the meaning 
given the term ``freight container'' by the International 
Standards Organization in Series 1, Freight Containers, 3rd 
Edition (reference number IS0668-1979(E)) as in effect on the 
date of the enactment of this subsection.
  (d) Longer Combination Vehicles.--
          (1) Prohibition.--
                  (A) General continuation rule.--A longer 
                combination vehicle may continue to operate 
                only if the longer combination vehicle 
                configuration type was authorized by State 
                officials pursuant to State statute or 
                regulation conforming to this section and in 
                actual lawful operation on a regular or 
                periodic basis (including seasonal operations) 
                on or before June 1, 1991, or pursuant to 
                section 335 of the Department of Transportation 
                and Related Agencies Appropriations Act, 1991 
                (104 Stat. 2186).
                  (B) Applicability of state laws and 
                regulations.--All such operations shall 
                continue to be subject to, at the minimum, all 
                State statutes, regulations, limitations and 
                conditions, including, but not limited to, 
                routing-specific and configuration-specific 
                designations and all other restrictions, in 
                force on June 1, 1991; except that subject to 
                such regulations as may be issued by the 
                Secretary pursuant to paragraph (5) of this 
                subsection, the State may make minor 
                adjustments of a temporary and emergency nature 
                to route designations and vehicle operating 
                restrictions in effect on June 1, 1991, for 
                specific safety purposes and road construction.
                  (C) Wyoming.--In addition to those vehicles 
                allowed under subparagraph (A), the State of 
                Wyoming may allow the operation of additional 
                vehicle configurations not in actual operation 
                on June 1, 1991, but authorized by State law 
                not later than November 3, 1992, if such 
                vehicle configurations comply with the single 
                axle, tandem axle, and bridge formula limits 
                set forth in subsection (a) and do not exceed 
                117,000 pounds gross vehicle weight.
                  (D) Ohio.--In addition to vehicles which the 
                State of Ohio may continue to allow to be 
                operated under subparagraph (A), such State may 
                allow longer combination vehicles with 3 cargo 
                carrying units of 281/2 feet each (not 
                including the truck tractor) not in actual 
                operation on June 1, 1991, to be operated 
                within its boundaries on the 1-mile segment of 
                Ohio State Route 7 which begins at and is south 
                of exit 16 of the Ohio Turnpike.
                  (E) Alaska.--In addition to vehicles which 
                the State of Alaska may continue to allow to be 
                operated under subparagraph (A), such State may 
                allow the operation of longer combination 
                vehicles which were not in actual operation on 
                June 1, 1991, but which were in actual 
                operation prior to July 5, 1991.
                  (F) Iowa.--In addition to vehicles that the 
                State of Iowa may continue to allow to be 
                operated under subparagraph (A), the State may 
                allow longer combination vehicles that were not 
                in actual operation on June 1, 1991, to be 
                operated on Interstate Route 29 between Sioux 
                City, Iowa, and the border between Iowa and 
                South Dakota or Interstate Route 129 between 
                Sioux City, Iowa, and the border between Iowa 
                and Nebraska.
          (2) Additional state restrictions.--
                  (A) In general.--Nothing in this subsection 
                shall prevent any State from further 
                restricting in any manner or prohibiting the 
                operation of longer combination vehicles 
                otherwise authorized under this subsection; 
                except that such restrictions or prohibitions 
                shall be consistent with the requirements of 
                sections 31111-31114 of title 49.
                  (B) Minor adjustments.--Any State further 
                restricting or prohibiting the operations of 
                longer combination vehicles or making minor 
                adjustments of a temporary and emergency nature 
                as may be allowed pursuant to regulations 
                issued by the Secretary pursuant to paragraph 
                (5) of this subsection, shall, within 30 days, 
                advise the Secretary of such action, and the 
                Secretary shall publish a notice of such action 
                in the Federal Register.
          (3) Publication of list.--
                  (A) Submission to secretary.--Within 60 days 
                of the date of the enactment of this 
                subsection, each State (i) shall submit to the 
                Secretary for publication in the Federal 
                Register a complete list of (I) all operations 
                of longer combination vehicles being conducted 
                as of June 1, 1991, pursuant to State statutes 
                and regulations; (II) all limitations and 
                conditions, including, but not limited to, 
                routing-specific and configuration-specific 
                designations and all other restrictions, 
                governing the operation of longer combination 
                vehicles otherwise prohibited under this 
                subsection; and (III) such statutes, 
                regulations, limitations, and conditions; and 
                (ii) shall submit to the Secretary copies of 
                such statutes, regulations, limitations, and 
                conditions.
                  (B) Interim list.--Not later than 90 days 
                after the date of the enactment of this 
                subsection, the Secretary shall publish an 
                interim list in the Federal Register, 
                consisting of all information submitted 
                pursuant to subparagraph (A). The Secretary 
                shall review for accuracy all information 
                submitted by the States pursuant to 
                subparagraph (A) and shall solicit and consider 
                public comment on the accuracy of all such 
                information.
                  (C) Limitation.--No statute or regulation 
                shall be included on the list submitted by a 
                State or published by the Secretary merely on 
                the grounds that it authorized, or could have 
                authorized, by permit or otherwise, the 
                operation of longer combination vehicles, not 
                in actual operation on a regular or periodic 
                basis on or before June 1, 1991.
                  (D) Final list.--Except as modified pursuant 
                to paragraph (1)(C) of this subsection, the 
                list shall be published as final in the Federal 
                Register not later than 180 days after the date 
                of the enactment of this subsection. In 
                publishing the final list, the Secretary shall 
                make any revisions necessary to correct 
                inaccuracies identified under subparagraph (B). 
                After publication of the final list, longer 
                combination vehicles may not operate on the 
                Interstate System except as provided in the 
                list.
                  (E) Review and correction procedure.--The 
                Secretary, on his or her own motion or upon a 
                request by any person (including a State), 
                shall review the list issued by the Secretary 
                pursuant to subparagraph (D). If the Secretary 
                determines there is cause to believe that a 
                mistake was made in the accuracy of the final 
                list, the Secretary shall commence a proceeding 
                to determine whether the list published 
                pursuant to subparagraph (D) should be 
                corrected. If the Secretary determines that 
                there is a mistake in the accuracy of the list 
                the Secretary shall correct the publication 
                under subparagraph (D) to reflect the 
                determination of the Secretary.
          (4) Longer combination vehicle defined.--For purposes 
        of this section, the term ``longer combination 
        vehicle'' means any combination of a truck tractor and 
        2 or more trailers or semitrailers which operates on 
        the Interstate System at a gross vehicle weight greater 
        than 80,000 pounds.
          (5) Regulations regarding minor adjustments.--Not 
        later than 180 days after the date of the enactment of 
        this subsection, the Secretary shall issue regulations 
        establishing criteria for the States to follow in 
        making minor adjustments under paragraph (1)(B).
  (e) Operation of Certain Specialized Hauling Vehicles on 
Interstate Route 68.--The single axle, tandem axle, and bridge 
formula limits set forth in subsection (a) shall not apply to 
the operation on Interstate Route 68 in Garrett and Allegany 
Counties, Maryland, of any specialized vehicle equipped with a 
steering axle and a tridem axle and used for hauling coal, 
logs, and pulpwood if such vehicle is of a type of vehicle as 
was operating in such counties on United States Route 40 or 48 
for such purpose on August 1, 1991.
  (f) Operation of Certain Specialized Hauling Vehicles on 
Certain Wisconsin Highways.--If the 104-mile portion of 
Wisconsin State Route 78 and United States Route 51 between 
Interstate Route 94 near Portage, Wisconsin, and Wisconsin 
State Route 29 south of Wausau, Wisconsin, is designated as 
part of the Interstate System under section 103(c)(4)(A), the 
single axle weight, tandem axle weight, gross vehicle weight, 
and bridge formula limits set forth in subsection (a) shall not 
apply to the 104-mile portion with respect to the operation of 
any vehicle that could legally operate on the 104-mile portion 
before the date of the enactment of this subsection.
  (g) Operation of Certain Specialized Hauling Vehicles on 
Certain Pennsylvania Highways.--If the segment of United States 
Route 220 between Bedford and Bald Eagle, Pennsylvania, is 
designated as part of the Interstate System, the single axle 
weight, tandem axle weight, gross vehicle weight, and bridge 
formula limits set forth in subsection (a) shall not apply to 
that segment with respect to the operation of any vehicle which 
could have legally operated on that segment before the date of 
the enactment of this subsection.
  (h) Waiver for a Route in State of Maine During Periods of 
National Emergency.--
          (1) In general.--Notwithstanding any other provision 
        of this section, the Secretary, in consultation with 
        the Secretary of Defense, may waive or limit the 
        application of any vehicle weight limit established 
        under this section with respect to the portion of 
        Interstate Route 95 in the State of Maine between 
        Augusta and Bangor for the purpose of making bulk 
        shipments of jet fuel to the Air National Guard Base at 
        Bangor International Airport during a period of 
        national emergency in order to respond to the effects 
        of the national emergency.
          (2) Applicability.--Emergency limits established 
        under paragraph (1) shall preempt any inconsistent 
        State vehicle weight limits.
  (i) Special Permits During Periods of National Emergency.--
          (1) In general.--Notwithstanding any other provision 
        of this section, a State may issue special permits 
        during an emergency to overweight vehicles and loads 
        that can easily be dismantled or divided if--
                  (A) the President has declared the emergency 
                to be an emergency or a major disaster under 
                the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5121 et 
                seq.);
                  (B) the permits are issued in accordance with 
                State law; and
                  (C) the permits are issued exclusively to 
                vehicles and loads that are delivering relief 
                supplies.
          (2) Expiration.--A permit issued under paragraph (1) 
        shall expire not later than 120 days after the date of 
        the declaration of emergency under subparagraph (A) of 
        that paragraph.
  (j) Operation of Vehicles on Certain Other Wisconsin 
Highways.--If any segment of the United States Route 41 
corridor, as described in section 1105(c)(57) of the Intermodal 
Surface Transportation Efficiency Act of 1991, is designated as 
a route on the Interstate System, a vehicle that could operate 
legally on that segment before the date of such designation may 
continue to operate on that segment, without regard to any 
requirement under subsection (a).
  (k) Operation of Vehicles on Certain Mississippi Highways.--
If any segment of United States Route 78 in Mississippi from 
mile marker 0 to mile marker 113 is designated as part of the 
Interstate System, no limit established under this section may 
apply to that segment with respect to the operation of any 
vehicle that could have legally operated on that segment before 
such designation.
  (l) Operation of Vehicles on Certain Kentucky Highways.--
          (1) In general.--If any segment of highway described 
        in paragraph (2) is designated as a route on the 
        Interstate System, a vehicle that could operate legally 
        on that segment before the date of such designation may 
        continue to operate on that segment, without regard to 
        any requirement under subsection (a).
          (2) Description of highway segments.--The highway 
        segments referred to in paragraph (1) are as follows:
                  (A) Interstate Route 69 in Kentucky (formerly 
                the Wendell H. Ford (Western Kentucky) Parkway) 
                from the Interstate Route 24 Interchange, near 
                Eddyville, to the Edward T. Breathitt 
                (Pennyrile) Parkway Interchange.
                  (B) The Edward T. Breathitt (Pennyrile) 
                Parkway (to be designated as Interstate Route 
                69) in Kentucky from the Wendell H. Ford 
                (Western Kentucky) Parkway Interchange to near 
                milepost 77, and on new alignment to an 
                interchange on the Audubon Parkway, if the 
                segment is designated as part of the Interstate 
                System.
          (3) Additional highway segments.--
                  (A) In general.--If any segment of highway 
                described in clauses (i) through (iv) of this 
                subparagraph is designated as a route of the 
                Interstate System, a vehicle that could operate 
                legally on that segment before the date of such 
                designation may continue to operate on that 
                segment, without regard to any requirement 
                under subsection (a), except that such vehicle 
                shall not exceed a gross vehicle weight of 
                120,000 pounds. The highway segments referred 
                to in this paragraph are as follows:
                          (i) The William H. Natcher Parkway 
                        (to be designated as a spur of 
                        Interstate Route 65) from Interstate 
                        Route 65 in Bowling Green, Kentucky, to 
                        United States Route 60 in Owensboro, 
                        Kentucky.
                          (ii) The Julian M. Carroll (Purchase) 
                        Parkway (to be designated as Interstate 
                        Route 69) in Kentucky from the 
                        Tennessee state line to the interchange 
                        with Interstate Route 24, near Calvert 
                        City.
                          (iii) The Wendell H. Ford (Western 
                        Kentucky) Parkway (to be designated as 
                        a spur of Interstate Route 69) from the 
                        interchange with the William H. Natcher 
                        Parkway in Ohio County, Kentucky, west 
                        to the interchange of the Western 
                        Kentucky Parkway with the Edward T. 
                        Breathitt (Pennyrile) Parkway.
                          (iv) The Edward T. Breathitt 
                        (Pennyrile) Parkway (to be designated 
                        as a spur of Interstate Route 69) from 
                        Interstate 24, north to Interstate 69.
                  (B) Nondivisible load or vehicle.--Nothing in 
                this paragraph shall prohibit the State from 
                issuing a permit for a nondivisible load or 
                vehicle with a gross vehicle weight that 
                exceeds 120,000 pounds.
  (m) Covered Heavy-duty Tow and Recovery Vehicles.--
          (1) In general.--The vehicle weight limitations set 
        forth in this section do not apply to a covered heavy-
        duty tow and recovery vehicle.
          (2) Covered heavy-duty tow and recovery vehicle 
        defined.--In this subsection, the term ``covered heavy-
        duty tow and recovery vehicle'' means a vehicle that--
                  (A) is transporting a disabled vehicle from 
                the place where the vehicle became disabled to 
                the nearest appropriate repair facility; and
                  (B) has a gross vehicle weight that is equal 
                to or exceeds the gross vehicle weight of the 
                disabled vehicle being transported.
  (n) Operation of Vehicles on Certain Highways in the State of 
Texas.--If any segment in the State of Texas of United States 
Route 59, United States Route 77, United States Route 281, 
United States Route 84, Texas State Highway 44, or another 
roadway is designated as Interstate Route 69, a vehicle that 
could operate legally on that segment before the date of the 
designation may continue to operate on that segment, without 
regard to any requirement under this section.
  (o) Certain Logging Vehicles in the State of Wisconsin.--
          (1) In general.--The Secretary shall waive, with 
        respect to a covered logging vehicle, the application 
        of any vehicle weight limit established under this 
        section.
          (2) Covered logging vehicle defined.--In this 
        subsection, the term ``covered logging vehicle'' means 
        a vehicle that--
                  (A) is transporting raw or unfinished forest 
                products, including logs, pulpwood, biomass, or 
                wood chips;
                  (B) has a gross vehicle weight of not more 
                than 98,000 pounds;
                  (C) has not less than 6 axles; and
                  (D) is operating on a segment of Interstate 
                Route 39 in the State of Wisconsin from mile 
                marker 175.8 to mile marker 189.
  (p) Operation of Certain Specialized Vehicles on Certain 
Highways in the State of Arkansas.--If any segment of United 
States Route 63 between the exits for highways 14 and 75 in the 
State of Arkansas is designated as part of the Interstate 
System, the single axle weight, tandem axle weight, gross 
vehicle weight, and bridge formula limits under subsection (a) 
and the width limitation under section 31113(a) of title 49 
shall not apply to that segment with respect to the operation 
of any vehicle that could operate legally on that segment 
before the date of the designation.
  (q) Certain Logging Vehicles in the State of Minnesota.--
          (1) In general.--The Secretary shall waive, with 
        respect to a covered logging vehicle, the application 
        of any vehicle weight limit established under this 
        section.
          (2) Covered logging vehicle defined.--In this 
        subsection, the term ``covered logging vehicle'' means 
        a vehicle that--
                  (A) is transporting raw or unfinished forest 
                products, including logs, pulpwood, biomass, or 
                wood chips;
                  (B) has a gross vehicle weight of not more 
                than 99,000 pounds;
                  (C) has not less than 6 axles; and
                  (D) is operating on a segment of Interstate 
                Route 35 in the State of Minnesota from mile 
                marker 235.4 to mile marker 259.552.
  (r) Emergency Vehicles.--
          (1) In general.--Notwithstanding subsection (a), a 
        State shall not enforce against an emergency vehicle a 
        vehicle weight limit (up to a maximum gross vehicle 
        weight of 86,000 pounds) of less than--
                  (A) 24,000 pounds on a single steering axle;
                  (B) 33,500 pounds on a single drive axle;
                  (C) 62,000 pounds on a tandem axle; or
                  (D) 52,000 pounds on a tandem rear drive 
                steer axle.
          (2) Emergency vehicle defined.--In this subsection, 
        the term ``emergency vehicle'' means a vehicle designed 
        to be used under emergency conditions--
                  (A) to transport personnel and equipment; and
                  (B) to support the suppression of fires and 
                mitigation of other hazardous situations.
  [(s) Natural Gas and Electric Battery Vehicles.--A vehicle, 
if operated by an engine fueled primarily by natural gas or 
powered primarily by means of electric battery power, 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.]
  (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.
  (t) Vehicles in Idaho.--A vehicle limited or prohibited under 
this section from operating on a segment of the Interstate 
System in the State of Idaho may operate on such a segment if 
such vehicle-
          (1) has a gross vehicle weight of 129,000 pounds or 
        less;
          (2) other than gross vehicle weight, complies with 
        the single axle, tandem axle, and bridge formula limits 
        set forth in subsection (a); and
          (3) is authorized to operate on such segment under 
        Idaho State law.
  (u) Vehicles in North Dakota.--A vehicle limited or 
prohibited under this section from operating on a segment of 
the Interstate System in the State of North Dakota may operate 
on such a segment if such vehicle--
          (1) has a gross vehicle weight of 129,000 pounds or 
        less;
          (2) other than gross vehicle weight, complies with 
        the single axle, tandem axle, and bridge formula limits 
        set forth in subsection (a); and
          (3) is authorized to operate on such segment under 
        North Dakota State law.
  (v) Dry Bulk Weight Tolerance.--
          (1) Definition of dry bulk goods.--In this 
        subsection, the term ``dry bulk goods'' means any 
        homogeneous unmarked nonliquid cargo being transported 
        in a trailer specifically designed for that purpose.
          (2) Weight tolerance.--Notwithstanding any other 
        provision of this section, except for the maximum gross 
        vehicle weight limitation, a commercial motor vehicle 
        transporting dry bulk goods may not exceed 110 percent 
        of the maximum weight on any axle or axle group 
        described in subsection (a), including any enforcement 
        tolerance.

           *       *       *       *       *       *       *


Sec. 129. Toll roads, bridges, tunnels, and ferries

  (a) Basic Program.--
          [(1) Authorization for federal participation.--
        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--
                  [(A) initial construction of a toll highway, 
                bridge, or tunnel or approach to the highway, 
                bridge, or tunnel;
                  [(B) 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;
                  [(C) 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;
                  [(D) reconstruction, resurfacing, 
                restoration, rehabilitation, or replacement of 
                a toll highway, bridge, or tunnel or approach 
                to the highway, bridge, or tunnel;
                  [(E) reconstruction or replacement of a toll-
                free bridge or tunnel and conversion of the 
                bridge or tunnel to a toll facility;
                  [(F) 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;
                  [(G) 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;
                  [(H) conversion of a high occupancy vehicle 
                lane on a highway, bridge, or tunnel to a toll 
                facility; and
                  [(I) preliminary studies to determine the 
                feasibility of a toll facility for which 
                Federal participation is authorized under this 
                paragraph.]
          (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.
          (2) Ownership.--Each highway, bridge, tunnel, or 
        approach to the highway, bridge, or tunnel constructed 
        under this subsection shall--
                  (A) be publicly owned; or
                  (B) be privately owned if the public 
                authority with jurisdiction over the highway, 
                bridge, tunnel, or approach has entered into a 
                contract with 1 or more private persons to 
                design, finance, construct, and operate the 
                facility and the public authority will be 
                responsible for complying with all applicable 
                requirements of this title with respect to the 
                facility.
          (3) Limitations on use of revenues.--
                  (A) In general.--A public authority with 
                jurisdiction over a toll facility shall ensure 
                that all toll revenues received from operation 
                of the toll facility are used only for--
                          (i) debt service with respect to the 
                        projects on or for which the tolls are 
                        authorized, including funding of 
                        reasonable reserves and debt service on 
                        refinancing;
                          (ii) a reasonable return on 
                        investment of any private person 
                        financing the project, as determined by 
                        the State or interstate compact of 
                        States concerned;
                          (iii) any costs necessary for the 
                        improvement and proper operation and 
                        maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation;
                          (iv) if the toll facility is subject 
                        to a public-private partnership 
                        agreement, payments that the party 
                        holding the right to toll revenues owes 
                        to the other party under the public-
                        private partnership agreement; [and]
                          [(v) if the public authority 
                        certifies annually that the tolled 
                        facility is being adequately 
                        maintained, any other purpose for which 
                        Federal funds may be obligated by a 
                        State under this title.]
                          (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.
                  [(B) 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.]
                  (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) Noncompliance.--If the Secretary 
                concludes that a public authority has not 
                complied with the limitations on the use of 
                revenues described in subparagraph (A), the 
                Secretary may require the public authority to 
                discontinue collecting tolls until an agreement 
                with the Secretary is reached to achieve 
                compliance with the limitation on the use of 
                revenues described in subparagraph (A).
          (4) Special rule for funding.--
                  (A) In general.--In the case of a toll 
                facility under the jurisdiction of a public 
                authority of a State (other than the State 
                transportation department), on request of the 
                State transportation department and subject to 
                such terms and conditions as the department and 
                public authority may agree, the Secretary, 
                working through the State department of 
                transportation, shall reimburse the public 
                authority for the Federal share of the costs of 
                construction of the project carried out on the 
                toll facility under this subsection in the same 
                manner and to the same extent as the department 
                would be reimbursed if the project was being 
                carried out by the department.
                  (B) Source.--The reimbursement of funds under 
                this paragraph shall be from sums apportioned 
                to the State under this chapter and available 
                for obligations on projects on the Federal-aid 
                highways in the State on which the project is 
                being carried out.
          (5) Limitation on federal share.--The Federal share 
        payable for a project described in paragraph (1) shall 
        be a percentage determined by the State, but not to 
        exceed 80 percent.
          (6) Modifications.--If a public authority (including 
        a State transportation department) with jurisdiction 
        over a toll facility subject to an agreement under this 
        section or section 119(e), as in effect on the day 
        before the effective date of title I of the Intermodal 
        Surface Transportation Efficiency Act of 1991 (105 
        Stat. 1915), requests modification of the agreement, 
        the Secretary shall modify the agreement to allow the 
        continuation of tolls in accordance with paragraph (3) 
        without repayment of Federal funds.
          (7) Loans.--
                  (A) In general.--
                          (i) Loans.--Using amounts made 
                        available under this title, a State may 
                        loan to a public or private entity 
                        constructing or proposing to construct 
                        under this section a toll facility or 
                        non-toll facility with a dedicated 
                        revenue source an amount equal to all 
                        or part of the Federal share of the 
                        cost of the project if the project has 
                        a revenue source specifically dedicated 
                        to the project.
                          (ii) Dedicated revenue sources.--
                        Dedicated revenue sources for non-toll 
                        facilities include excise taxes, sales 
                        taxes, motor vehicle use fees, tax on 
                        real property, tax increment financing, 
                        and such other dedicated revenue 
                        sources as the Secretary determines 
                        appropriate.
                  (B) Compliance with federal laws.--As a 
                condition of receiving a loan under this 
                paragraph, the public or private entity that 
                receives the loan shall ensure that the project 
                will be carried out in accordance with this 
                title and any other applicable Federal law, 
                including any applicable provision of a Federal 
                environmental law.
                  (C) Subordination of debt.--The amount of any 
                loan received for a project under this 
                paragraph may be subordinated to any other debt 
                financing for the project.
                  (D) Obligation of funds loaned.--Funds loaned 
                under this paragraph may only be obligated for 
                projects under this paragraph.
                  (E) Repayment.--The repayment of a loan made 
                under this paragraph shall commence not later 
                than 5 years after date on which the facility 
                that is the subject of the loan is open to 
                traffic.
                  (F) Term of loan.--The term of a loan made 
                under this paragraph shall not exceed 30 years 
                from the date on which the loan funds are 
                obligated.
                  (G) Interest.--A loan made under this 
                paragraph shall bear interest at or below 
                market interest rates, as determined by the 
                State, to make the project that is the subject 
                of the loan feasible.
                  (H) Reuse of funds.--Amounts repaid to a 
                State from a loan made under this paragraph may 
                be obligated--
                          (i) for any purpose for which the 
                        loan funds were available under this 
                        title; and
                          (ii) for the purchase of insurance or 
                        for use as a capital reserve for other 
                        forms of credit enhancement for project 
                        debt in order to improve credit market 
                        access or to lower interest rates for 
                        projects eligible for assistance under 
                        this title.
                  (I) Guidelines.--The Secretary shall 
                establish procedures and guidelines for making 
                loans under this paragraph.
          (8) State law permitting tolling.--If a State does 
        not have a highway, bridge, or tunnel toll facility [as 
        of the date of enactment of the MAP-21, before 
        commencing any activity authorized], before commencing 
        any activity authorized under this section, the State 
        shall have in effect a law that permits tolling on a 
        highway, bridge, or tunnel.
          (9) Equal access for over-the-road buses.--An over-
        the-road [bus] vehicle that serves the public shall be 
        provided access to a toll facility under the same 
        rates, terms, and conditions as public transportation 
        [buses] vehicles.
          [(10) Definitions.--In this subsection, the following 
        definitions apply:
                  [(A) High occupancy vehicle; hov.--The term 
                ``high occupancy vehicle'' or ``HOV'' means a 
                vehicle with not fewer than 2 occupants.
                  [(B) 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.
                  [(C) 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).
                  [(D) Public authority.--The term ``public 
                authority'' means a State, interstate compact 
                of States, or public entity designated by a 
                State.
                  [(E) Toll facility.--The term ``toll 
                facility'' means a toll highway, bridge, or 
                tunnel or approach to the highway, bridge, or 
                tunnel constructed under this subsection.]
          (10) Interoperability of electronic toll 
        collection.--
                  (A) In general.--All toll facilities on 
                Federal-aid highways shall provide for the 
                regional interoperability of electronic toll 
                collection, including through technologies or 
                business practices.
                  (B) Prohibition on restriction.--No State, or 
                any political subdivision thereof, shall 
                restrict the information that is shared across 
                public and private toll facility operators or 
                their agents or contractors for purposes of 
                facilitating, operating, or maintaining 
                electronic toll collection programs.
          (11) Noncompliance.--If the Secretary concludes that 
        a public authority has not complied with the 
        requirements of this subsection, the Secretary may 
        require the public authority to discontinue collecting 
        tolls until the public authority and the Secretary 
        enter into an agreement for the public authority to 
        achieve compliance with such requirements.
          (12) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Federal participation.--The term 
                ``Federal participation'' means the use of 
                funds made available under this title.
                  (B) High occupancy vehicle; hov.--The term 
                ``high occupancy vehicle'' or ``HOV'' means a 
                vehicle with not fewer than 2 occupants.
                  (C) Initial construction.--
                          (i) In general.--The term ``initial 
                        construction'' means the construction 
                        of a highway, bridge, tunnel, or other 
                        facility at any time before it is open 
                        to traffic.
                          (ii) Exclusions.--The term ``initial 
                        construction'' does not include any 
                        improvement to a highway, bridge, 
                        tunnel, or other facility after it is 
                        open to traffic.
                  (D) Over-the-road bus.--The term ``over-the-
                road bus'' has the meaning given the term in 
                section 301 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12181).
                  (E) Public authority.--The term ``public 
                authority'' means a State, interstate compact 
                of States, or public entity designated by a 
                State.
                  (F) Public transportation vehicle.--The term 
                ``public transportation vehicle'' has the 
                meaning given that term in section 166.
                  (G) Toll facility.--The term ``toll 
                facility'' means a toll highway, bridge, or 
                tunnel or approach to the highway, bridge, or 
                tunnel constructed or authorized to be tolled 
                under this subsection.
  (b) Notwithstanding the provisions of section 301 of this 
title, the Secretary may permit Federal participation under 
this title in the construction of a project constituting an 
approach to a ferry, whether toll or free, the route of which 
is a public road and has not been designated as a route on the 
Interstate System. Such ferry may be either publicly or 
privately owned and operated, but the operating authority and 
the amount of fares charged for passage shall be under the 
control of a State agency or official, and all revenues derived 
from publicly owned or operated ferries shall be applied to 
payment of the cost of construction or acquisition thereof, 
including debt service, and to actual and necessary costs of 
operation, maintenance, repair, and replacement.
  (c) Notwithstanding section 301 of this title, the Secretary 
may permit Federal participation under this title in the 
construction of ferry boats and ferry terminal facilities, 
whether toll or free, subject to the following conditions:
          (1) It is not feasible to build a bridge, tunnel, 
        combination thereof, or other normal highway structure 
        in lieu of the use of such ferry.
          (2) The operation of the ferry shall be on a route 
        classified as a public road within the State and which 
        has not been designated as a route on the Interstate 
        System or on a public transit ferry eligible under 
        chapter 53 of title 49. Projects under this subsection 
        may be eligible for both ferry boats carrying cars and 
        passengers and ferry boats carrying passengers only.
          (3)(A) The ferry boat or ferry terminal facility 
        shall be publicly owned or operated or majority 
        publicly owned if the Secretary determines with respect 
        to a majority publicly owned ferry or ferry terminal 
        facility that such ferry boat or ferry terminal 
        facility provides substantial public benefits.
          (B) Any Federal participation shall not involve the 
        construction or purchase, for private ownership, of a 
        ferry boat, ferry terminal facility, or other eligible 
        project under this section.
          (4) The operating authority and the amount of fares 
        charged for passage on such ferry shall be under the 
        control of the State or other public entity, and all 
        revenues derived therefrom shall be applied to actual 
        and necessary costs of operation, maintenance, repair, 
        debt service, negotiated management fees, and, in the 
        case of a privately operated toll ferry, for a 
        reasonable rate of return.
          (5) Such ferry may be operated only within the State 
        (including the islands which comprise the State of 
        Hawaii and the islands which comprise any territory of 
        the United States) or between adjoining States or 
        between a point in a State and a point in the Dominion 
        of Canada. Except with respect to operations between 
        the islands which comprise the State of Hawaii, 
        operations between the islands which comprise any 
        territory of the United States, operations between a 
        point in a State and a point in the Dominion of Canada, 
        and operations between any two points in Alaska and 
        between Alaska and Washington, including stops at 
        appropriate points in the Dominion of Canada, no part 
        of such ferry operation shall be in any foreign or 
        international waters.
          (6) The ferry service shall be maintained in 
        accordance with section 116.
          (7)(A) No ferry boat or ferry terminal with Federal 
        participation under this title may be sold, leased, or 
        otherwise disposed of, except in accordance with part 
        200 of title 2, Code of Federal Regulations.
          (B) The Federal share of any proceeds from a 
        disposition referred to in subparagraph (A) shall be 
        used for eligible purposes under this title.

Sec. 130. [Railway-highway crossings]  Railway crossings

  (a) [Subject to section 120 and subsection (b) of this 
section, the entire] In General._The  cost of construction of 
projects for the elimination of hazards of railway-highway 
crossings, including the separation or protection of grades at 
crossings, the reconstruction of existing railroad grade 
crossing structures, the relocation of highways to eliminate 
grade crossings, and projects at grade crossings to eliminate 
hazards posed by blocked grade crossings due to idling trains, 
may be paid from sums apportioned in accordance with section 
104 of this title. In any case when the elimination of the 
hazards of a railway-highway crossing can be effected by the 
relocation of a portion of a railway at a cost estimated by the 
Secretary to be less than the cost of such elimination by one 
of the methods mentioned in the first sentence of this section, 
[then the entire] the cost of such relocation project[, subject 
to section 120 and subsection (b) of this section,] may be paid 
from sums apportioned in accordance with section 104 of this 
title.
  [(b) The Secretary may classify the various types of projects 
involved in the elimination of hazards of railway-highway 
crossings, and may set for each such classification a 
percentage of the costs of construction which shall be deemed 
to represent the net benefit to the railroad or railroads for 
the purpose of determining the railroad's share of the cost of 
construction. The percentage so determined shall in no case 
exceed 10 per centum. The Secretary shall determine the 
appropriate classification of each project.]
  (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.
  (c) [Any railroad involved] Benefit._Any railroad involved  
in a project for the elimination of hazards of railway-highway 
crossings paid for in whole or in part from sums made available 
for expenditure under this title, or prior Acts, shall be 
liable to the United States for [the net benefit] the cost 
associated with the benefit to the railroad determined under 
the classification of such project made pursuant to subsection 
(b) of this section. Such liability to the United States may be 
discharged by direct payment to the State transportation 
department of the State in which the project is located, in 
which case such payment shall be credited to the cost of the 
project. [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.] If any such railroad 
fails to discharge such liability within a six-month period 
after completion of the project, it shall be liable to the 
United States for its share of the cost, and the Secretary 
shall request the Attorney General to institute proceedings 
against such railroad for the recovery of the amount for which 
it is liable under this subsection. The Attorney General is 
authorized to bring such proceedings on behalf of the United 
States, in the appropriate district court of the United States, 
and the United States shall be entitled in such proceedings to 
recover such sums as it is considered and adjudged by the court 
that such railroad is liable for in the premises. Any amounts 
recovered by the United States under this subsection shall be 
credited to miscellaneous receipts.
  (d) Survey and Schedule of Projects.--Each State shall 
conduct and systematically maintain a survey of all highways to 
identify those railroad crossings which may require separation, 
relocation, or protective devices, and establish and implement 
a schedule of projects for this purpose. At a minimum, such a 
schedule shall provide signs for all railway-highway crossings.
  [(e) Funds for Protective Devices.--
          [(1) In general.--
                  [(A) Set aside.--Before making an 
                apportionment under section 104(b)(3) for a 
                fiscal year, the Secretary shall set aside, 
                from amounts made available to carry out the 
                highway safety improvement program under 
                section 148 for such fiscal year, for the 
                elimination of hazards and the installation of 
                protective devices at railway-highway crossings 
                at least--
                          [(i) $225,000,000 for fiscal year 
                        2016;
                          [(ii) $230,000,000 for fiscal year 
                        2017;
                          [(iii) $235,000,000 for fiscal year 
                        2018;
                          [(iv) $240,000,000 for fiscal year 
                        2019; and
                          [(v) $245,000,000 for fiscal year 
                        2020.
                  [(B) Installation of protective devices.--At 
                least 1/2 of the funds set aside each fiscal 
                year under subparagraph (A) shall be available 
                for the installation of protective devices at 
                railway-highway crossings.
                  [(C) Obligation availability.--Sums set aside 
                each fiscal year under subparagraph (A) shall 
                be available for obligation in the same manner 
                as funds apportioned under section 104(b)(1).
          [(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.
  [(f) Apportionment.--
          [(1) Formula.--Fifty percent of the funds set aside 
        to carry out this section pursuant to subsection (e)(1) 
        shall be apportioned to the States in accordance with 
        the formula set forth in section 104(b)(3)(A) as in 
        effect on the day before the date of enactment of the 
        MAP-21, and 50 percent of such funds shall be 
        apportioned to the States in the ratio that total 
        public railway-highway crossings in each State bears to 
        the total of such crossings in all States.
          [(2) Minimum apportionment.--Notwithstanding 
        paragraph (1), each State shall receive a minimum of 
        one-half of 1 percent of the funds apportioned under 
        paragraph (1).
          [(3) Federal share.--The Federal share payable on 
        account of any project financed with funds set aside to 
        carry out this section shall be 90 percent of the cost 
        thereof.
  [(g) Annual Report.--Each State shall report to the Secretary 
not later than December 30 of each year on the progress being 
made to implement the railway-highway crossings program 
authorized by this section and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the costs of the various treatments employed and subsequent 
accident experience at improved locations. The Secretary shall 
submit a report to the Committee on Environment and Public 
Works and the Committee on Commerce, Science, and 
Transportation, of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives, not later than April 1, 2006, and every 2 
years thereafter,, on the progress being made by the State in 
implementing projects to improve railway-highway crossings. The 
report shall include, but not be limited to, the number of 
projects undertaken, their distribution by cost range, road 
system, nature of treatment, and subsequent accident experience 
at improved locations. In addition, the Secretary's report 
shall analyze and evaluate each State program, identify any 
State found not to be in compliance with the schedule of 
improvements required by subsection (d) and include 
recommendations for future implementation of the railroad 
highway crossings program.]
  (e) Railway Crossings.--
          (1) Eligible activities.--Funds apportioned to a 
        State under section 104(b)(7) may be obligated for the 
        following:
                  (A) The elimination of hazards at railway-
                highway crossings, including technology or 
                protective upgrades.
                  (B) Construction or installation of 
                protective devices (including replacement of 
                functionally obsolete protective devices) at 
                railway-highway crossings.
                  (C) Infrastructure and noninfrastructure 
                projects and strategies to prevent or reduce 
                suicide or trespasser fatalities and injuries 
                along railroad rights-of-way and at or near 
                railway-highway crossings.
                  (D) Projects to mitigate any degradation in 
                the level of access from a highway-grade 
                crossing closure.
                  (E) Bicycle and pedestrian railway grade 
                crossing improvements, including underpasses 
                and overpasses.
                  (F) Projects eligible under section 
                22907(c)(5) of title 49, provided that amounts 
                obligated under this subparagraph--
                          (i) shall be administered by the 
                        Secretary in accordance with such 
                        section as if such amounts were made 
                        available to carry out such section; 
                        and
                          (ii) may be used to pay up to 90 
                        percent of the non-Federal share of the 
                        cost of a project carried out under 
                        such section.
          (2) Special rule.--If a State demonstrates to the 
        satisfaction of the Secretary that the State has met 
        all its needs for installation of protective devices at 
        railway-highway crossings, the State may use funds made 
        available by this section for other highway safety 
        improvement program purposes.
  (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.
  (g) Report.--
          (1) State report.--
                  (A) In general.--Not later than 2 years after 
                the date of enactment of the INVEST in America 
                Act, and at least biennially thereafter, each 
                State shall submit to the Secretary a report on 
                the progress being made to implement the 
                railway crossings program authorized by this 
                section and the effectiveness of projects to 
                improve railway crossing safety.
                  (B) Contents.--Each State report under 
                subparagraph (A) shall contain an assessment of 
                the costs of the various treatments employed 
                and subsequent accident experience at improved 
                locations.
          (2) Departmental report.--
                  (A) In general.--Not later than 180 days 
                after the deadline for the submission of a 
                report under paragraph (1)(A), the Secretary 
                shall publish on the website of the Department 
                of Transportation a report on the progress 
                being made by the State in implementing 
                projects to improve railway crossings.
                  (B) Contents.--The report under subparagraph 
                (A) shall include--
                          (i) the number of projects 
                        undertaken;
                          (ii) distribution of such projects by 
                        cost range, road system, nature of 
                        treatment, and subsequent accident 
                        experience at improved locations;
                          (iii) an analysis and evaluation of 
                        each State program;
                          (iv) the identification of any State 
                        found not to be in compliance with the 
                        schedule of improvements required by 
                        subsection (d); and
                          (v) recommendations for future 
                        implementation of the railway crossings 
                        program.
  (h) Use of Funds for Matching.--Funds authorized to be 
appropriated to carry out this section may be used to provide a 
local government with funds to be used on a matching basis when 
State funds are available which may only be spent when the 
local government produces matching funds for the improvement of 
railway-highway crossings.
  (i) Incentive Payments for At-Grade Crossing Closures.--
          (1) In general.--Notwithstanding any other provision 
        of this section and subject to paragraphs (2) and (3), 
        a State may, from sums available to the State under 
        this section, make incentive payments to local 
        governments in the State upon the permanent closure by 
        such governments of public at-grade railway-highway 
        crossings under the jurisdiction of such governments.
          (2) Incentive payments by railroads.--A State may not 
        make an incentive payment under paragraph (1) to a 
        local government with respect to the closure of a 
        crossing unless the railroad owning the tracks on which 
        the crossing is located makes an incentive payment to 
        the government with respect to the closure.
          (3) Amount of state payment.--The amount of the 
        incentive payment payable to a local government by a 
        State under paragraph (1) with respect to a crossing 
        may not exceed the lesser of--
                  (A) the amount of the incentive payment paid 
                to the government with respect to the crossing 
                by the railroad concerned under paragraph (2); 
                or
                  (B) $7,500.
          (4) Use of state payments.--A local government 
        receiving an incentive payment from a State under 
        paragraph (1) shall use the amount of the incentive 
        payment for transportation safety improvements.
  (j) Bicycle and Pedestrian Safety.--In carrying out projects 
under this section, a State shall take into account bicycle and 
pedestrian safety.
  (k) Expenditure of Funds.--Not more than 2 percent of funds 
apportioned to a State to carry out this section may be used by 
the State for compilation and analysis of data in support of 
activities carried out under subsection (g).
  (l) National Crossing Inventory.--
          (1) Initial reporting of crossing information.--[Not 
        later than 1 year after the date of enactment of the 
        Rail Safety Improvement Act of 2008 or within 6 months 
        of a new crossing becoming operational, whichever 
        occurs later, each State] Not later than 6 months after 
        a new railway crossing becomes operational, each State 
        shall report to the Secretary of Transportation current 
        information, including information about warning 
        devices and signage, as specified by the Secretary, 
        concerning each previously unreported public crossing 
        located within its borders.
          (2) Periodic updating of crossing information.--[On a 
        periodic basis beginning not later than 2 years after 
        the date of enactment of the Rail Safety Improvement 
        Act of 2008 and on or before September 30 of every year 
        thereafter] On or before September 30 of each year, or 
        as otherwise specified by the Secretary, each State 
        shall report to the Secretary current information, 
        including information about warning devices and 
        signage, as specified by the Secretary, concerning each 
        public crossing located within its borders.

           *       *       *       *       *       *       *


Sec. 133. Surface transportation [block grant] program

  (a) Establishment.--The Secretary shall establish a surface 
transportation [block grant] program in accordance with this 
section to provide flexible funding to address State and local 
transportation needs.
  (b) Eligible Projects.--Funds apportioned to a State under 
section 104(b)(2) for the surface transportation [block grant] 
program may be obligated for the following:
          (1) Construction of--
                  (A) highways, bridges, tunnels, including 
                designated routes of the Appalachian 
                development highway system and local access 
                roads under section 14501 of title 40;
                  (B) ferry boats and terminal facilities 
                eligible for funding under section 129(c), 
                except that for the purposes of this section 
                hovercraft and terminal facilities for 
                hovercraft engaging in water transit for 
                passengers or vehicles shall be considered 
                ferry boats and ferry terminal facilities 
                eligible under section 129(c);
                  (C) transit capital projects eligible for 
                assistance under chapter 53 of title 49;
                  (D) infrastructure-based intelligent 
                transportation systems capital improvements, 
                including the installation of vehicle-to-
                infrastructure communication equipment;
                  (E) truck parking facilities eligible for 
                funding under section 1401 of MAP-21 (23 U.S.C. 
                137 note); and
                  (F) border infrastructure projects eligible 
                for funding under section 1303 of SAFETEA-LU 
                (23 U.S.C. 101 note).
          (2) Operational improvements and capital and 
        operating costs for traffic monitoring, management, and 
        control facilities and programs.
          (3) Environmental measures eligible under sections 
        119(g), 328, and 329 and transportation control 
        measures listed in section 108(f)(1)(A) (other than 
        clause (xvi) of that section) of the Clean Air Act (42 
        U.S.C. 7408(f)(1)(A)).
          (4) Highway and transit safety infrastructure 
        improvements and programs, including [railway-highway 
        grade crossings] projects eligible under section 130 
        and installation of safety barriers and nets on 
        bridges.
          (5) Fringe and corridor parking facilities and 
        programs in accordance with section 137 and carpool 
        projects in accordance with section 146.
          (6) [Recreational] Transportation alternatives 
        projects eligible under subsection (h), recreational 
        trails projects eligible for funding under section 206, 
        pedestrian and bicycle projects in accordance with 
        section 217 (including modifications to comply with 
        accessibility requirements under the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), 
        and the safe routes to school program under section 
        [1404 of SAFETEA-LU (23 U.S.C. 402 note)] 211.
          (7) Planning, design, or construction of boulevards 
        and other roadways largely in the right-of-way of 
        former Interstate System routes or other divided 
        highways.
          (8) Development and implementation of a State asset 
        management plan for the National Highway System and a 
        performance-based management program for other public 
        roads.
          (9) Protection (including painting, scour 
        countermeasures, seismic retrofits, impact protection 
        measures, security countermeasures, and protection 
        against extreme events) for bridges (including 
        approaches to bridges and other elevated structures) 
        and tunnels on public roads, and inspection and 
        evaluation of bridges and tunnels and other highway 
        assets.
          (10) Surface transportation planning programs, 
        highway and transit research and development and 
        technology transfer programs, and workforce 
        development, training, and education under chapter 5 of 
        this title.
          (11) Surface transportation infrastructure 
        modifications to facilitate direct intermodal 
        interchange, transfer, and access into and out of a 
        port terminal.
          (12) Projects and strategies designed to support 
        congestion pricing, including electronic toll 
        collection and [travel] transportation demand 
        management strategies and programs.
          (13) At the request of a State, and upon Secretarial 
        approval of credit assistance under chapter 6, subsidy 
        and administrative costs necessary to provide an 
        eligible entity Federal credit assistance under chapter 
        6 with respect to a project eligible for assistance 
        under this section.
          (14) The creation and operation by a State of an 
        office to assist in the design, implementation, and 
        oversight of public-private partnerships eligible to 
        receive funding under this title and chapter 53 of 
        title 49, and the payment of a stipend to unsuccessful 
        private bidders to offset their proposal development 
        costs, if necessary to encourage robust competition in 
        public-private partnership procurements.
          (15) Any type of project eligible under this section 
        as in effect on the day before the date of enactment of 
        the FAST Act, including projects described under 
        section 101(a)(29) as in effect on such day.
          (16) Protective features (including natural 
        infrastructure and vegetation control and clearance) to 
        enhance the resilience of a transportation facility 
        otherwise eligible for assistance under this section.
          (17) Projects to reduce greenhouse gas emissions 
        eligible under section 171, including the installation 
        of electric vehicle charging infrastructure.
          (18) Projects and strategies to reduce vehicle-caused 
        wildlife mortality related to, or to restore and 
        maintain connectivity among terrestrial or aquatic 
        habitats affected by, a transportation facility 
        otherwise eligible for assistance under this section.
          (19) A surface transportation project carried out in 
        accordance with the national travel and tourism 
        infrastructure strategic plan under section 1431(e) of 
        the FAST Act (49 U.S.C. 301 note).
          (20) roads in rural areas that primarily serve to 
        transport agricultural products from a farm or ranch to 
        a marketplace.
          (21) The removal, retrofit, repurposing, remediation, 
        or replacement of a highway or other transportation 
        facility that creates a barrier to community 
        connectivity to improve access for multiple modes of 
        transportation.
          (22) Planning, design, or construction of a Type II 
        noise barrier (as described in section 772.5 of title 
        23, Code of Federal Regulations).
  (c) Location of Projects.--A surface transportation [block 
grant] program project may not be undertaken on a road 
functionally classified as a local road or a rural minor 
collector unless the road was on a Federal-aid highway system 
on January 1, 1991, except--
          (1) for a bridge or tunnel project (other than the 
        construction of a new bridge or tunnel at a new 
        location);
          (2) for a project described in paragraphs (4) through 
        (11) and paragraph (22) of subsection (b);
          [(3) for a project described in section 101(a)(29), 
        as in effect on the day before the date of enactment of 
        the FAST Act; and]
          (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;
          (4) for a project described in section 5308 of title 
        49; and
          [(4)] (5) as approved by the Secretary.
  (d) Allocations of Apportioned Funds to Areas Based on 
Population.--
          (1) Calculation.--Of the funds apportioned to a State 
        each fiscal year under section 104(b)(2) (after [the 
        reservation of] setting aside funds under subsection 
        (h))--
                  (A) [the percentage specified in paragraph 
                (6) for a fiscal year] 57 percent for fiscal 
                year 2023, 58 percent for fiscal year 2024, 59 
                percent for fiscal year 2025, and 60 percent 
                for fiscal year 2026 shall be obligated under 
                this section, in proportion to their relative 
                shares of the population of the State--
                          (i) in urbanized areas of the State 
                        with an urbanized area population [of 
                        over] greater than 200,000;
                          [(ii) in areas of the State other 
                        than urban areas with a population 
                        greater than 5,000; and
                          [(iii) in other areas of the State; 
                        and]
                          (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) the remainder may be obligated in any 
                area of the State.
          (2) Metropolitan areas.--Funds attributed to an 
        urbanized area under paragraph (1)(A)(i) may be 
        obligated in the metropolitan area established under 
        section 134 that encompasses the urbanized area.
          [(3) Consultation with regional transportation 
        planning organizations.--For purposes of paragraph 
        (1)(A)(iii), before obligating funding attributed to an 
        area with a population greater than 5,000 and less than 
        200,000, a State shall consult with the regional 
        transportation planning organizations that represent 
        the area, if any.]
          (3) Local coordination and consultation.--
                  (A) Coordination with metropolitan planning 
                organizations.--For purposes of paragraph 
                (1)(A)(ii), a State shall--
                          (i) establish a process to coordinate 
                        with all metropolitan planning 
                        organizations in the State that 
                        represent an urbanized area described 
                        in such paragraph; and
                          (ii) describe how funds described 
                        under paragraph (1)(A)(ii) will be 
                        allocated equitably among such 
                        urbanized areas during the period of 
                        fiscal years 2023 through 2026.
                  (B) Joint responsibility.--Each State and the 
                Secretary shall jointly ensure compliance with 
                subparagraph (A).
                  (C) Consultation with regional transportation 
                planning organizations.--For purposes of 
                clauses (iii) and (iv) of paragraph (1)(A), 
                before obligating funding attributed to an area 
                with a population less than 50,000, a State 
                shall consult with the regional transportation 
                planning organizations that represent the area, 
                if any.
          (4) Distribution among urbanized areas of [over 
        200,000] greater than 200,000 population.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the amount of funds that a 
                State is required to obligate under paragraph 
                (1)(A)(i) shall be obligated in urbanized areas 
                described in paragraph (1)(A)(i) based on the 
                relative population of the areas.
                  (B) Other factors.--The State may obligate 
                the funds described in subparagraph (A) based 
                on other factors if the State and the relevant 
                metropolitan planning organizations jointly 
                apply to the Secretary for the permission to 
                base the obligation on other factors and the 
                Secretary grants the request.
          (5) Applicability of planning requirements.--
        Programming and expenditure of funds for projects under 
        this section shall be consistent with sections 134 and 
        135.
          [(6) Percentage.--The percentage referred to in 
        paragraph (1)(A) is--
                  [(A) for fiscal year 2016, 51 percent;
                  [(B) for fiscal year 2017, 52 percent;
                  [(C) for fiscal year 2018, 53 percent;
                  [(D) for fiscal year 2019, 54 percent; and
                  [(E) for fiscal year 2020, 55 percent.]
          (6) Technical assistance.--
                  (A) In general.--The State and all 
                metropolitan planning organizations in the 
                State that represent an urbanized area with a 
                population of greater than 200,000 may jointly 
                establish a program to improve the ability of 
                applicants to deliver projects under this 
                subsection in an efficient and expeditious 
                manner and reduce the period of time between 
                the selection of the project and the obligation 
                of funds for the project by providing--
                          (i) technical assistance and training 
                        to applicants for projects under this 
                        subsection; and
                          (ii) funding for one or more full-
                        time State, regional, or local 
                        government employee positions to 
                        administer this subsection.
                  (B) Eligible funds.--To carry out this 
                paragraph, a State or metropolitan planning 
                organization may use funds made available under 
                paragraphs (2) or (6) of section 104(b)
                  (C) Use of funds.--Amounts used under this 
                paragraph may be expended--
                          (i) directly by the State or 
                        metropolitan planning organization; or
                          (ii) through contracts with State 
                        agencies, private entities, or 
                        nonprofit organizations.
  (e) Obligation Authority.--
          (1) In general.--A State that is required to obligate 
        in an urbanized area with an urbanized area population 
        of [over 200,000] greater than 200,000 individuals 
        under subsection (d) funds apportioned to the State 
        under section 104(b)(2) shall make available during the 
        period of fiscal years [2016 through 2020] 2023 through 
        2026 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--
                  (A) the aggregate amount of funds that the 
                State is required to obligate in the area under 
                subsection (d) during the period; and
                  (B) the ratio that--
                          (i) the aggregate amount of 
                        obligation authority distributed to the 
                        State for Federal-aid highways and 
                        highway safety construction programs 
                        during the period; bears to
                          (ii) 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.
          (2) Joint responsibility.--Each State, each affected 
        metropolitan planning organization, and the Secretary 
        shall jointly ensure compliance with paragraph (1).
          (3) Annual amounts.--To the extent practicable, each 
        State shall annually notify each affected metropolitan 
        planning organization as to the amount of obligation 
        authority that will be made available under paragraph 
        (1) to each affected metropolitan planning organization 
        for the fiscal year.
  [(f) Bridges Not on Federal-aid Highways.--
          [(1) Definition of off-system bridge.--In this 
        subsection, the term ``off-system bridge'' means a 
        highway 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 fiscal year 2013 and each fiscal 
                year thereafter under this section, the State 
                shall obligate for activities described in 
                subsection (b)(2) for off-system bridges an 
                amount that is not less than 15 percent of the 
                amount of funds apportioned to the State for 
                the highway bridge program for fiscal year 
                2009, except that amounts allocated under 
                subsection (d) shall not be obligated to carry 
                out this subsection.
                  [(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.
          [(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 noncontroversial, 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.]
  (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.
  (g) Special Rule for Areas of Less Than [5,000] 50,000 
Population.--
          (1) Special rule.--Notwithstanding subsection (c), 
        and except as provided in paragraph (2), up to 15 
        percent of the amounts required to be obligated by a 
        State under [subsection (d)(1)(A)(ii) for each of 
        fiscal years 2016 through 2020 may be obligated on 
        roads functionally classified as minor collectors.] 
        clauses (iii) and (iv) of subsection (d)(1)(A) for each 
        fiscal year may be obligated on roads functionally 
        classified as rural minor collectors or local roads or 
        on critical rural freight corridors designated under 
        section 167(e).
          (2) Suspension.--The Secretary may suspend the 
        application of paragraph (1) with respect to a State if 
        the Secretary determines that the authority provided 
        under paragraph (1) is being used excessively by the 
        State.
  [(h) STP Set-Aside.--
          [(1) Reservation of funds.--Of the funds apportioned 
        to a State under section 104(b)(2) for each fiscal 
        year, the Secretary shall reserve an amount such that--
                  [(A) the Secretary reserves a total under 
                this subsection of--
                          [(i) $835,000,000 for each of fiscal 
                        years 2016 and 2017; and
                          [(ii) $850,000,000 for each of fiscal 
                        years 2018 through 2020; and
                  [(B) the State's share of that total is 
                determined by multiplying the amount under 
                subparagraph (A) by the ratio that--
                          [(i) the amount apportioned to the 
                        State for the transportation 
                        enhancements 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.--Funds reserved for a 
        State under paragraph (1) shall be obligated within 
        that State in the manner described in subsection (d), 
        except that, for purposes of this paragraph (after 
        funds are made available under paragraph (5))--
                  [(A) for each fiscal year, the percentage 
                referred to in paragraph (1)(A) of that 
                subsection shall be deemed to be 50 percent; 
                and
                  [(B) the following provisions shall not 
                apply:
                          [(i) Paragraph (3) of subsection (d).
                          [(ii) Subsection (e).
          [(3) Eligible projects.--Funds reserved under this 
        subsection may be obligated for projects or activities 
        described in section 101(a)(29) or 213, as such 
        provisions were in effect on the day before the date of 
        enactment of the FAST Act.
          [(4) Access to funds.--
                  [(A) In general.--A State or metropolitan 
                planning organization required to obligate 
                funds in accordance with paragraph (2) 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;
                          [(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 nonprofit entity responsible 
                        for the administration of local 
                        transportation safety programs; and
                          [(viii) any other local or regional 
                        governmental entity with responsibility 
                        for or oversight of transportation or 
                        recreational trails (other than a 
                        metropolitan planning organization or a 
                        State agency) that the State determines 
                        to be eligible, consistent with the 
                        goals of this subsection.
          [(5) Continuation of certain recreational trails 
        projects.--For each fiscal year, a State shall--
                  [(A) obligate an amount of funds reserved 
                under this section equal to 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;
                  [(B) return 1 percent of those funds to the 
                Secretary for the administration of that 
                program; and
                  [(C) 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 that section.
          [(6) State flexibility.--
                  [(A) Recreational trails.--A State may opt 
                out of the recreational trails program under 
                paragraph (5) if the Governor of the State 
                notifies the Secretary not later than 30 days 
                prior to apportionments being made for any 
                fiscal year.
                  [(B) Large urbanized areas.--A metropolitan 
                planning area may use not to exceed 50 percent 
                of the funds reserved under this subsection for 
                an urbanized area described in subsection 
                (d)(1)(A)(i) for any purpose eligible under 
                subsection (b).
          [(7) 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 number of projects selected 
                        for funding for each fiscal year, 
                        including the aggregate cost and 
                        location of projects selected.
                  [(B) Public availability.--The Secretary 
                shall make available to the public, in a user-
                friendly format on the Web site of the 
                Department of Transportation, a copy of each 
                annual report submitted under subparagraph (A).
  [(i) Treatment of Projects.--Notwithstanding any other 
provision of law, projects funded under this section (excluding 
those carried out under subsection (h)(5)) shall be treated as 
projects on a Federal-aid highway under this chapter.]
  (h) Transportation Alternatives Program Set-Aside.--
          (1) Set aside.--For each fiscal year, of the total 
        funds apportioned to all States under section 104(b)(2) 
        for a fiscal year, the Secretary shall set aside an 
        amount such that--
                  (A) the Secretary sets aside a total amount 
                under this subsection for a fiscal year equal 
                to 10 percent of such total funds; and
                  (B) the State's share of the amount set aside 
                under subparagraph (A) is determined by 
                multiplying the amount set aside under 
                subparagraph (A) by the ratio that--
                          (i) the amount apportioned to the 
                        State for the transportation 
                        enhancement program for fiscal year 
                        2009 under section 133(d)(2), as in 
                        effect on the day before the date of 
                        enactment of MAP-21; bears to
                          (ii) the total amount of funds 
                        apportioned to all States for the 
                        transportation enhancements program for 
                        fiscal year 2009.
          (2) Allocation within a state.--
                  (A) In general.--Except as provided in 
                subparagraph (B), funds set aside for a State 
                under paragraph (1) shall be obligated within 
                that State in the manner described in 
                subsections (d) and (e), except that, for 
                purposes of this paragraph (after funds are 
                made available under paragraph (5))--
                          (i) for each fiscal year, the 
                        percentage referred to in paragraph 
                        (1)(A) of subsection (d) shall be 
                        deemed to be 66 percent; and
                          (ii) paragraph (3) of subsection (d) 
                        shall not apply.
                  (B) Local control.--
                          (i) In general.--A State may make 
                        available up to 100 percent of the 
                        funds set aside under paragraph (1) to 
                        the entities described in subclause (I) 
                        if the State submits to the Secretary, 
                        and the Secretary approves, a plan that 
                        describes--
                                  (I) how such funds shall be 
                                made available to metropolitan 
                                planning organizations, 
                                regional transportation 
                                planning organizations, 
                                counties, or other regional 
                                transportation authorities;
                                  (II) how the entities 
                                described in subclause (I) 
                                shall select projects for 
                                funding and how such entities 
                                shall report selected projects 
                                to the State;
                                  (III) the legal, financial, 
                                and technical capacity of such 
                                entities; and
                                  (IV) the procedures in place 
                                to ensure such entities comply 
                                with the requirements of this 
                                title.
                          (ii) Requirement.--A State that makes 
                        funding available under a plan approved 
                        under this subparagraph shall make 
                        available an equivalent amount of 
                        obligation authority to an entity 
                        described in clause (i)(I) to whom 
                        funds are made available under this 
                        subparagraph.
          (3) Eligible projects.--Funds set aside under this 
        subsection may be obligated for any of the following 
        projects or activities:
                  (A) Construction, planning, and design of on-
                road and off-road trail facilities for 
                pedestrians, bicyclists, and other nonmotorized 
                forms of transportation, including sidewalks, 
                bicycle infrastructure, pedestrian and bicycle 
                signals, traffic calming techniques, lighting 
                and other safety-related infrastructure, and 
                transportation projects to achieve compliance 
                with the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.).
                  (B) Construction, planning, and design of 
                infrastructure-related projects and systems 
                that will provide safe routes for nondrivers, 
                including children, older adults, and 
                individuals with disabilities to access daily 
                needs.
                  (C) Conversion and use of abandoned railroad 
                corridors for trails for pedestrians, 
                bicyclists, or other nonmotorized 
                transportation users.
                  (D) Construction of turnouts, overlooks, and 
                viewing areas.
                  (E) Community improvement activities, 
                including--
                          (i) inventory, control, or removal of 
                        outdoor advertising;
                          (ii) historic preservation and 
                        rehabilitation of historic 
                        transportation facilities;
                          (iii) vegetation management practices 
                        in transportation rights-of-way to 
                        improve roadway safety, prevent against 
                        invasive species, facilitate wildfire 
                        control, and provide erosion control; 
                        and
                          (iv) archaeological activities 
                        relating to impacts from implementation 
                        of a transportation project eligible 
                        under this title.
                  (F) Any environmental mitigation activity, 
                including pollution prevention and pollution 
                abatement activities and mitigation to address 
                stormwater management, control, and water 
                pollution prevention or abatement related to 
                highway construction or due to highway runoff, 
                including activities described in sections 
                328(a) and 329.
                  (G) Projects and strategies to reduce 
                vehicle-caused wildlife mortality related to, 
                or to restore and maintain connectivity among 
                terrestrial or aquatic habitats affected by, a 
                transportation facility otherwise eligible for 
                assistance under this subsection.
                  (H) The recreational trails program under 
                section 206.
                  (I) The safe routes to school program under 
                section 211.
                  (J) Activities in furtherance of a vulnerable 
                road user assessment described in section 148.
                  (K) Any other projects or activities 
                described in section 101(a)(29) or section 213, 
                as such sections were in effect on the day 
                before the date of enactment of the FAST Act 
                (Public Law 114-94).
          (4) Access to funds.--
                  (A) In general.--A State, metropolitan 
                planning organization required to obligate 
                funds in accordance with paragraph (2)(A), or 
                an entity required to obligate funds in 
                accordance with paragraph (2)(B) shall develop 
                a competitive process to allow eligible 
                entities to submit projects for funding that 
                achieve the objectives of this subsection. A 
                metropolitan planning organization for an area 
                described in subsection (d)(1)(A)(i) shall 
                select projects under such process in 
                consultation with the relevant State.
                  (B) Priority.--The processes described in 
                subparagraph (A) shall prioritize project 
                location and impact in low-income, transit-
                dependent, or other high-need areas.
                  (C) Eligible entity defined.--In this 
                paragraph, the term ``eligible entity'' means--
                          (i) a local government, including a 
                        county or multi-county special 
                        district;
                          (ii) a regional transportation 
                        authority;
                          (iii) a transit agency;
                          (iv) a natural resource or public 
                        land agency;
                          (v) a school district, local 
                        education agency, or school;
                          (vi) a tribal government;
                          (vii) a metropolitan planning 
                        organization that serves an urbanized 
                        area with a population of 200,000 or 
                        fewer;
                          (viii) a nonprofit organization 
                        carrying out activities related to 
                        transportation;
                          (ix) any other local or regional 
                        governmental entity with responsibility 
                        for or oversight of transportation or 
                        recreational trails (other than a 
                        metropolitan planning organization that 
                        serves an urbanized area with a 
                        population of over 200,000 or a State 
                        agency) that the State determines to be 
                        eligible, consistent with the goals of 
                        this subsection; and
                          (x) a State, at the request of any 
                        entity listed in clauses (i) through 
                        (ix).
          (5) Continuation of certain recreational trails 
        projects.--
                  (A) In general.--For each fiscal year, a 
                State shall--
                          (i) obligate an amount of funds set 
                        aside under this subsection equal to 
                        175 percent of the amount of the funds 
                        apportioned to the State for fiscal 
                        year 2009 under section 104(h)(2), as 
                        in effect on the day before the date of 
                        enactment of MAP-21, for projects 
                        relating to recreational trails under 
                        section 206;
                          (ii) return 1 percent of the funds 
                        described in clause (i) to the 
                        Secretary for the administration of 
                        such program; and
                          (iii) comply with the provisions of 
                        the administration of the recreational 
                        trails program under section 206, 
                        including the use of apportioned funds 
                        described in subsection (d)(3)(A) of 
                        such section.
                  (B) State flexibility.--A State may opt out 
                of the recreational trails program under this 
                paragraph if the Governor of the State notifies 
                the Secretary not later than 30 days prior to 
                the date on which an apportionment is made 
                under section 104 for any fiscal year.
          (6) Improving accessibility and efficiency.--
                  (A) In general.--A State may use an amount 
                equal to not more than 5 percent of the funds 
                set aside for the State under this subsection, 
                after allocating funds in accordance with 
                paragraph (2)(A), to improve the ability of 
                applicants to access funding for projects under 
                this subsection in an efficient and expeditious 
                manner by providing--
                          (i) to applicants for projects under 
                        this subsection application assistance, 
                        technical assistance, and assistance in 
                        reducing the period of time between the 
                        selection of the project and the 
                        obligation of funds for the project; 
                        and
                          (ii) funding for one or more full-
                        time State employee positions to 
                        administer this subsection.
                  (B) Use of funds.--Amounts used under 
                subparagraph (A) may be expended--
                          (i) directly by the State; or
                          (ii) through contracts with State 
                        agencies, private entities, or 
                        nonprofit entities.
                  (C) Improving project delivery.--
                          (i) In general.--The Secretary shall 
                        take such action as may be necessary, 
                        consistent with Federal requirements, 
                        to facilitate efficient and timely 
                        delivery of projects under this 
                        subsection that are small, low impact, 
                        and constructed within an existing 
                        built environment.
                          (ii) Considerations.--The Secretary 
                        shall consider the use of programmatic 
                        agreements, expedited or alternative 
                        procurement processes (including 
                        project bundling), and other effective 
                        practices to facilitate the goals of 
                        this paragraph.
          (7) Federal share.--
                  (A) Flexible match.--
                          (i) In general.--Notwithstanding 
                        section 120--
                                  (I) the non-Federal share for 
                                a project under this subsection 
                                may be calculated on a project, 
                                multiple-project, or program 
                                basis; and
                                  (II) the Federal share of the 
                                cost of an individual project 
                                in this subsection may be up to 
                                100 percent.
                          (ii) Aggregate non-federal share.--
                        The average annual non-Federal share of 
                        the total cost of all projects for 
                        which funds are obligated under this 
                        subsection in a State for a fiscal year 
                        shall be not less than the non-Federal 
                        share authorized for the State under 
                        section 120.
                          (iii) Requirement.--This subparagraph 
                        shall only apply to a State if such 
                        State has adequate financial controls, 
                        as certified by the Secretary, to 
                        account for the average annual non-
                        Federal share under this subparagraph.
                  (B) Safety projects.--Notwithstanding section 
                120, funds made available to carry out section 
                148 may be credited toward the non-Federal 
                share of the costs of a project under this 
                subsection if the project--
                          (i) is a project described in section 
                        148(e)(1); and
                          (ii) is consistent with the State 
                        strategic highway safety plan (as 
                        defined in section 148(a)).
          (8) Flexibility.--
                  (A) State authority.--
                          (i) In general.--A State may use not 
                        more than 50 percent of the funds set 
                        aside under this subsection that are 
                        available for obligation in any area of 
                        the State (suballocated consistent with 
                        the requirements of subsection 
                        (d)(1)(B)) for any purpose eligible 
                        under subsection (b).
                          (ii) Restriction.--Funds may be used 
                        as described in clause (i) only if the 
                        State demonstrates to the Secretary--
                                  (I) that the State held a 
                                competition in compliance with 
                                the requirements of this 
                                subsection in such form as the 
                                Secretary determines 
                                appropriate;
                                  (II) that the State offered 
                                technical assistance to all 
                                eligible entities and provided 
                                such assistance upon request by 
                                an eligible entity; and
                                  (III) that there were not 
                                sufficient suitable 
                                applications from eligible 
                                entities to use the funds 
                                described in clause (i).
                  (B) MPO authority.--
                          (i) In general.--A metropolitan 
                        planning organization that represents 
                        an urbanized area with a population of 
                        greater than 200,000 may use not more 
                        than 50 percent of the funds set aside 
                        under this subsection for an urbanized 
                        area described in subsection 
                        (d)(1)(A)(i) for any purpose eligible 
                        under subsection (b).
                          (ii) Restriction.--Funds may be used 
                        as described in clause (i) only if the 
                        Secretary certifies that the 
                        metropolitan planning organization--
                                  (I) held a competition in 
                                compliance with the 
                                requirements of this subsection 
                                in such form as the Secretary 
                                determines appropriate; and
                                  (II) demonstrates that there 
                                were not sufficient suitable 
                                applications from eligible 
                                entities to use the funds 
                                described in clause (i).
          (9) Annual reports.--
                  (A) In general.--Each State or metropolitan 
                planning organization responsible for carrying 
                out the requirements of this subsection shall 
                submit to the Secretary an annual report that 
                describes--
                          (i) the number of project 
                        applications received for each fiscal 
                        year, including--
                                  (I) the aggregate cost of the 
                                projects for which applications 
                                are received; and
                                  (II) the types of projects by 
                                eligibility category to be 
                                carried out, expressed as 
                                percentages of the total 
                                apportionment of the State 
                                under this subsection; and
                          (ii) the list of each project 
                        selected for funding for each fiscal 
                        year, including specifying the fiscal 
                        year for which the project was 
                        selected, the fiscal year in which the 
                        project is anticipated to be funded, 
                        the recipient, the funding sources 
                        (including non-Federal match), the 
                        project status, the specific location, 
                        the congressional district, the type by 
                        eligibility category, and a brief 
                        description.
                  (B) Public availability.--The Secretary shall 
                make available to the public, in a user-
                friendly format on the website of the 
                Department of Transportation, a copy of each 
                annual report submitted under subparagraph (A).

Sec. 134. Metropolitan transportation planning

  (a) Policy.--It is in the national interest--
          (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 needs 
        while minimizing transportation-related fuel 
        consumption and air pollution] resilience 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) to encourage the continued improvement and 
        evolution of the metropolitan and statewide 
        transportation planning processes by metropolitan 
        planning organizations, State departments of 
        transportation, and public transit operators as guided 
        by the planning factors identified in subsection (h) 
        and section 135(d).
  (b) Definitions.--In this section and section 135, the 
following definitions apply:
          (1) Metropolitan planning area.--The term 
        ``metropolitan planning area'' means the geographic 
        area determined by agreement between the metropolitan 
        planning organization for the area and the Governor 
        under subsection (e).
          (2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' means the policy 
        board of an organization established as a result of the 
        designation process under subsection (d).
          (3) Nonmetropolitan area.--The term ``nonmetropolitan 
        area'' means a geographic area outside designated 
        metropolitan planning areas.
          (4) Nonmetropolitan local official.--The term 
        ``nonmetropolitan local official'' means elected and 
        appointed officials of general purpose local government 
        in a nonmetropolitan area with responsibility for 
        transportation.
          (5) Regional transportation planning organization.--
        The term ``regional transportation planning 
        organization'' means a policy board of an organization 
        established as the result of a designation under 
        section 135(m).
          (6) STIP.--The term ``STIP'' means a statewide 
        transportation improvement program developed by a State 
        under section 135(g).
          [(6)] (7) TIP.--The term ``TIP'' means a 
        transportation improvement program developed by a 
        metropolitan planning organization under subsection 
        (j).
          [(7)] (8) Urbanized area.--The term ``urbanized 
        area'' means a geographic area with a population of 
        50,000 or more, as determined by the Bureau of the 
        Census.
  (c) General Requirements.--
          (1) Development of long-range plans and tips.--To 
        accomplish the objectives in subsection (a), 
        metropolitan planning organizations designated under 
        subsection (d), in cooperation with the State and 
        public transportation operators, shall develop long-
        range transportation plans [and transportation 
        improvement programs] and TIPs through a performance-
        driven, outcome-based approach to planning for 
        metropolitan areas of the State.
          (2) Contents.--The plans and TIPs for each 
        metropolitan area shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways, bicycle transportation facilities, and 
        intermodal facilities that support intercity 
        transportation, including intercity buses and intercity 
        bus facilities and commuter vanpool providers) that 
        will function as an intermodal transportation system 
        for the metropolitan planning area and as an integral 
        part of an intermodal transportation system for the 
        State and the United States.
          (3) Process of development.--The process for 
        developing the plans and TIPs shall provide for 
        consideration of all modes of transportation and shall 
        be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
          (4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider 
        direct and indirect emissions of greenhouse gases.
  (d) Designation of Metropolitan Planning Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a 
        metropolitan planning organization shall be designated 
        for each urbanized area with a population of more than 
        50,000 individuals--
                  (A) by agreement between the Governor and 
                units of general purpose local government that 
                together represent at least 75 percent of the 
                affected population (including the largest 
                incorporated city (based on population) as 
                determined by the Bureau of the Census); or
                  (B) in accordance with procedures established 
                by applicable State or local law.
          (2) Structure.--[Not later than 2 years after the 
        date of enactment of MAP-21, each] Each metropolitan 
        planning organization that serves an area designated as 
        a transportation management area shall consist of--
                  (A) local elected officials;
                  (B) officials of public agencies that 
                administer or operate major modes of 
                transportation in the metropolitan area, 
                including representation by providers of public 
                transportation; and
                  (C) appropriate State officials.
          (3) Representation.--
                  (A) In general.--Designation or selection of 
                officials or representatives under paragraph 
                (2) shall be determined by the metropolitan 
                planning organization according to the bylaws 
                or enabling statute of the organization.
                  (B) Public transportation representative.--
                Subject to the bylaws or enabling statute of 
                the metropolitan planning organization, a 
                representative of a provider of public 
                transportation may also serve as a 
                representative of a local municipality.
                  (C) Powers of certain officials.--An official 
                described in paragraph (2)(B) shall have 
                responsibilities, actions, duties, voting 
                rights, and any other authority commensurate 
                with other officials described in paragraph 
                (2).
                  (D) Equitable and proportional 
                representation.--
                          (i) In general.--In designating 
                        officials or representatives under 
                        paragraph (2), the metropolitan 
                        planning organization shall ensure the 
                        equitable and proportional 
                        representation of the population of the 
                        metropolitan planning area.
                          (ii) Savings clause.--Nothing in this 
                        paragraph shall require a metropolitan 
                        planning organization in existence on 
                        the date of enactment of this 
                        subparagraph to be restructured.
                          (iii) Redesignation.--Notwithstanding 
                        clause (ii), the requirements of this 
                        paragraph shall apply to any 
                        metropolitan planning organization 
                        redesignated under paragraph (6).
          (4) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to interfere with 
        the authority, under any State law in effect on 
        December 18, 1991, of a public agency with multimodal 
        transportation responsibilities--
                  (A) to develop the plans and TIPs for 
                adoption by a metropolitan planning 
                organization; and
                  (B) to develop long-range capital plans, 
                coordinate transit services and projects, and 
                carry out other activities pursuant to State 
                law.
          (5) Continuing designation.--A designation of a 
        metropolitan planning organization under this 
        subsection or any other provision of law shall remain 
        in effect until the metropolitan planning organization 
        is redesignated under paragraph (6).
          (6) Redesignation procedures.--
                  (A) In general.--A metropolitan planning 
                organization may be redesignated by agreement 
                between the Governor and units of general 
                purpose local government that together 
                represent at least 75 percent of the existing 
                planning area population (including the largest 
                incorporated city (based on population) as 
                determined by the Bureau of the Census) as 
                appropriate to carry out this section.
                  (B) Restructuring.--A metropolitan planning 
                organization may be restructured to meet the 
                requirements of [paragraph (2)] paragraphs (2) 
                or (3)(D) without undertaking a redesignation.
          (7) Designation of more than 1 metropolitan planning 
        organization.--More than 1 metropolitan planning 
        organization may be designated within [an existing 
        metropolitan planning area] an urbanized area only if 
        the Governor and the existing metropolitan planning 
        organization determine that the size and complexity of 
        [the existing metropolitan planning area] the area make 
        designation of more than 1 metropolitan planning 
        organization for the area appropriate.
  (e) Metropolitan Planning Area Boundaries.--
          (1) In general.--For the purposes of this section, 
        the boundaries of a metropolitan planning area shall be 
        determined by agreement between the metropolitan 
        planning organization and the Governor.
          (2) Included area.--Each metropolitan planning area--
                  (A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period for the transportation plan; and
                  (B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          (3) Identification of new urbanized areas within 
        existing planning area boundaries.--The designation by 
        the Bureau of the Census of new urbanized areas within 
        an existing metropolitan planning area shall not 
        require the redesignation of the existing metropolitan 
        planning organization.
          (4) Existing metropolitan planning areas in 
        nonattainment.--
                  (A) In general.--Notwithstanding paragraph 
                (2), except as provided in subparagraph (B), in 
                the case of an urbanized area designated as a 
                nonattainment area for ozone or carbon monoxide 
                under the Clean Air Act (42 U.S.C. 7401 et 
                seq.) as of the date of enactment of the 
                SAFETEA-LU, the boundaries of the metropolitan 
                planning area in existence as of such date of 
                enactment shall be retained.
                  (B) Exception.--The boundaries described in 
                subparagraph (A) may be adjusted by agreement 
                of the Governor and affected metropolitan 
                planning organizations in the manner described 
                in subsection (d)(6).
          (5) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after the date of enactment of the SAFETEA-
        LU, as a nonattainment area for ozone or carbon 
        monoxide, the boundaries of the metropolitan planning 
        area--
                  (A) shall be established in the manner 
                described in subsection (d)(1);
                  (B) shall encompass the areas described in 
                paragraph (2)(A);
                  (C) may encompass the areas described in 
                paragraph (2)(B); and
                  (D) may address any nonattainment area 
                identified under the Clean Air Act (42 U.S.C. 
                7401 et seq.) for ozone or carbon monoxide.
  (f) Coordination in Multistate Areas.--
          (1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a 
        multistate metropolitan area and the appropriate 
        metropolitan planning organizations to provide 
        coordinated transportation planning for the entire 
        metropolitan area.
          (2) Interstate compacts.--The consent of Congress is 
        granted to any 2 or more States--
                  (A) to enter into agreements or compacts, not 
                in conflict with any law of the United States, 
                for cooperative efforts and mutual assistance 
                in support of activities authorized under this 
                section as the activities pertain to interstate 
                areas and localities within the States; and
                  (B) to establish such agencies, joint or 
                otherwise, as the States may determine 
                desirable for making the agreements and 
                compacts effective.
          (3) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (g) MPO Consultation in Plan and TIP Coordination.--
          (1) Nonattainment areas.--If more than 1 metropolitan 
        planning organization has authority within [a 
        metropolitan area] an urbanized area or an area which 
        is designated as a nonattainment area for ozone or 
        carbon monoxide under the Clean Air Act (42 U.S.C. 7401 
        et seq.), each metropolitan planning organization shall 
        consult with the other metropolitan planning 
        organizations designated for such area and the State in 
        the coordination of plans and TIPs required by this 
        section.
          (2) Transportation improvements located in multiple 
        [mpos] metropolitan planning areas.--If a 
        transportation improvement, funded from the Highway 
        Trust Fund or authorized under chapter 53 of title 49, 
        is located within the boundaries of more than 1 
        metropolitan planning area, the metropolitan planning 
        organizations shall coordinate plans and TIPs regarding 
        the transportation improvement.
          (3) Relationship with other planning officials.--
                  (A) In general.--The Secretary shall 
                encourage each metropolitan planning 
                organization to consult with officials 
                responsible for other types of planning 
                activities that are affected by transportation 
                in the area (including State and local planned 
                growth, economic development, tourism, natural 
                disaster risk reduction, emergency response and 
                evacuation, climate change adaptation and 
                resilience, environmental protection, airport 
                operations, and freight movements) or to 
                coordinate its planning process, to the maximum 
                extent practicable, with such planning 
                activities.
                  (B) Requirements.--Under the metropolitan 
                planning process, transportation plans and TIPs 
                shall be developed with due consideration of 
                other related planning activities within the 
                metropolitan area, and the process shall 
                provide for the design and delivery of 
                transportation services within the metropolitan 
                area that are provided by--
                          (i) recipients of assistance under 
                        chapter 53 of title 49;
                          (ii) governmental agencies and 
                        nonprofit organizations (including 
                        representatives of the agencies and 
                        organizations) that receive Federal 
                        assistance from a source other than the 
                        Department of Transportation to provide 
                        nonemergency transportation services; 
                        and
                          (iii) recipients of assistance under 
                        section 204.
          (4) Coordination between mpos.--
                  (A) In general.--If more than one 
                metropolitan planning organization is 
                designated within an urbanized area under 
                subsection (d)(7), the metropolitan planning 
                organizations designated within the area shall 
                ensure, to the maximum extent practicable, the 
                consistency of any data used in the planning 
                process, including information used in 
                forecasting transportation demand.
                  (B) Savings clause.--Nothing in this 
                paragraph requires metropolitan planning 
                organizations designated within a single 
                urbanized area to jointly develop planning 
                documents, including a unified long-range 
                transportation plan or unified TIP.
  (h) Scope of Planning Process.--
          (1) In general.--The metropolitan planning process 
        for a metropolitan planning area under this section 
        shall provide for consideration of projects and 
        strategies that will--
                  (A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  (B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  (C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (D) increase the accessibility and mobility 
                of people and for freight;
                  [(E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;]
                  (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;
                  (F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes, for people and freight;
                  (G) promote efficient system management and 
                operation;
                  (H) emphasize the preservation of the 
                existing transportation system;
                  (I) improve the resiliency and reliability of 
                the transportation system and reduce or 
                mitigate stormwater, sea level rise, extreme 
                weather, and climate change impacts of surface 
                transportation; [and]
                  (J) support emergency management, response, 
                and evacuation and hazard mitigation;
                  (K) improve the level of transportation 
                system access;
                  (L) support inclusive zoning policies and 
                land use planning practices that incentivize 
                affordable, elastic, and diverse housing 
                supply, facilitate long-term economic growth by 
                improving the accessibility of housing to jobs, 
                and prevent high housing costs from displacing 
                economically disadvantaged households; and
                  [(J)] (M) enhance travel and tourism.
          (2) Performance-based approach.--
                  [(A) In general.--The metropolitan 
                transportation planning process shall provide 
                for the establishment and use of a performance-
                based approach to transportation decisionmaking 
                to support the national goals described in 
                section 150(b) of this title and the general 
                purposes described in section 5301 of title 
                49.]
                  (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.
                  (B) Performance targets.--
                          (i) Surface transportation 
                        performance targets.--
                                  (I) In general.--Each 
                                metropolitan planning 
                                organization shall establish 
                                performance targets that 
                                address the performance 
                                measures described in section 
                                150(c), where applicable, to 
                                use in tracking progress 
                                towards attainment of critical 
                                outcomes for the region of the 
                                metropolitan planning 
                                organization.
                                  (II) Coordination.--Selection 
                                of performance targets by a 
                                metropolitan planning 
                                organization shall be 
                                coordinated with the relevant 
                                State to ensure consistency, to 
                                the maximum extent practicable.
                          (ii) Public transportation 
                        performance targets.--Selection of 
                        performance targets by a metropolitan 
                        planning organization shall be 
                        coordinated, to the maximum extent 
                        practicable, with providers of public 
                        transportation to ensure consistency 
                        with sections 5326(c) and 5329(d) of 
                        title 49.
                  (C) Timing.--Each metropolitan planning 
                organization shall establish the performance 
                targets under subparagraph (B) not later than 
                180 days after the date on which the relevant 
                State or provider of public transportation 
                establishes the performance targets.
                  (D) Integration of other performance-based 
                plans.--A metropolitan planning organization 
                shall integrate in the metropolitan 
                transportation planning process, directly or by 
                reference, the goals, objectives, performance 
                measures, and targets described in other State 
                transportation plans and transportation 
                processes, as well as any plans developed under 
                chapter 53 of title 49 by providers of public 
                transportation, required as part of a 
                performance-based program.
          (3) Failure to consider factors.--The failure to 
        consider any factor specified in paragraphs (1) and (2) 
        shall not be reviewable by any court under this title 
        or chapter 53 of title 49, subchapter II of chapter 5 
        of title 5, or chapter 7 of title 5 in any matter 
        affecting a transportation plan, a TIP, a project or 
        strategy, or the certification of a planning process.
  (i) Development of Transportation Plan.--
          (1) Requirements.--
                  (A) In general.--Each metropolitan planning 
                organization shall prepare and update a 
                transportation plan for its metropolitan 
                planning area in accordance with the 
                requirements of this subsection.
                  (B) Frequency.--
                          (i) In general.--The metropolitan 
                        planning organization shall prepare and 
                        update such plan every 4 years (or more 
                        frequently, if the metropolitan 
                        planning organization elects to update 
                        more frequently) in the case of each of 
                        the following:
                                  (I) Any area designated as 
                                nonattainment, as defined in 
                                section 107(d) of the Clean Air 
                                Act (42 U.S.C. 7407(d)).
                                  (II) Any area that was 
                                nonattainment and subsequently 
                                designated to attainment in 
                                accordance with section 
                                107(d)(3) of that Act (42 
                                U.S.C. 7407(d)(3)) and that is 
                                subject to a maintenance plan 
                                under section 175A of that Act 
                                (42 U.S.C. 7505a).
                          (ii) Other areas.--In the case of any 
                        other area required to have a 
                        transportation plan in accordance with 
                        the requirements of this subsection, 
                        the metropolitan planning organization 
                        shall prepare and update such plan 
                        every 5 years unless the metropolitan 
                        planning organization elects to update 
                        more frequently.
          (2) Transportation plan.--A transportation plan under 
        this section shall be in a form that the Secretary 
        determines to be appropriate and shall contain, at a 
        minimum, the following:
                  (A) Identification of transportation 
                facilities.--
                          (i) In general.--An identification of 
                        transportation facilities (including 
                        major roadways, public transportation 
                        facilities, intercity bus facilities, 
                        multimodal and intermodal facilities, 
                        nonmotorized transportation facilities, 
                        and intermodal connectors) that should 
                        function as an integrated metropolitan 
                        transportation system, giving emphasis 
                        to those facilities that serve 
                        important national and regional 
                        transportation functions.
                          (ii) Factors.--In formulating the 
                        transportation plan, the metropolitan 
                        planning organization shall consider 
                        factors described in subsection (h) as 
                        the factors relate to a 20-year 
                        forecast period.
                  (B) Performance measures and targets.--A 
                description of the performance measures and 
                performance targets used in assessing the 
                performance of the transportation system in 
                accordance with subsection (h)(2).
                  (C) System performance report.--A system 
                performance report and subsequent updates 
                evaluating the condition and performance of the 
                transportation system with respect to the 
                performance targets described in subsection 
                (h)(2), including--
                          (i) progress achieved by the 
                        metropolitan planning organization in 
                        meeting the performance targets in 
                        comparison with system performance 
                        recorded in previous reports; and
                          (ii) for metropolitan planning 
                        organizations that voluntarily elect to 
                        develop multiple scenarios, an analysis 
                        of how the preferred scenario has 
                        improved the conditions and performance 
                        of the transportation system and how 
                        changes in local policies and 
                        investments have impacted the costs 
                        necessary to achieve the identified 
                        performance targets.
                  (D) Mitigation activities.--
                          (i) In general.--A long-range 
                        transportation plan shall include a 
                        discussion of types of potential 
                        environmental mitigation activities and 
                        potential areas to carry out these 
                        activities, including activities that 
                        may have the greatest potential to 
                        reduce greenhouse gas emissions and 
                        restore and maintain the environmental 
                        functions affected by the plan.
                          (ii) Consultation.--The discussion 
                        shall be developed in consultation with 
                        Federal, State, and tribal wildlife, 
                        land management, and regulatory 
                        agencies.
                  (E) Financial plan.--
                          (i) In general.--A financial plan 
                        that--
                                  (I) demonstrates how the 
                                adopted transportation plan can 
                                be implemented;
                                  (II) indicates resources from 
                                public and private sources that 
                                are reasonably expected to be 
                                made available to carry out the 
                                plan; and
                                  (III) recommends any 
                                additional financing strategies 
                                for needed projects and 
                                programs.
                          (ii) Inclusions.--The financial plan 
                        may include, for illustrative purposes, 
                        additional projects that would be 
                        included in the adopted transportation 
                        plan if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                          (iii) Cooperative development.--For 
                        the purpose of developing the 
                        transportation plan, the metropolitan 
                        planning organization, transit 
                        operator, and State shall cooperatively 
                        develop estimates of funds that will be 
                        available to support plan 
                        implementation.
                  (F) Operational and management strategies.--
                Operational and management strategies to 
                improve the performance of existing 
                transportation facilities to relieve vehicular 
                congestion and maximize the safety and mobility 
                of people and goods.
                  (G) Capital investment and other 
                strategies.--Capital investment and other 
                strategies to preserve the existing and 
                projected future metropolitan transportation 
                infrastructure, provide for multimodal capacity 
                increases based on regional priorities and 
                needs, and reduce the vulnerability of the 
                existing transportation infrastructure to 
                natural disasters and climate change.
                  (H) Transportation and transit enhancement 
                activities.--Proposed transportation and 
                transit enhancement activities 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.
                  (I) Climate change and resilience.--
                          (i) In general.--The transportation 
                        planning process shall assess 
                        strategies to reduce the climate change 
                        impacts of the surface transportation 
                        system and conduct a vulnerability 
                        assessment to identify opportunities to 
                        enhance the resilience of the surface 
                        transportation system and ensure the 
                        efficient use of Federal resources.
                          (ii) Climate change mitigation and 
                        impacts.--A long-range transportation 
                        plan shall--
                                  (I) identify investments and 
                                strategies to reduce 
                                transportation-related sources 
                                of greenhouse gas emissions per 
                                capita;
                                  (II) identify investments and 
                                strategies to manage 
                                transportation demand and 
                                increase the rates of public 
                                transportation ridership, 
                                walking, bicycling, and 
                                carpools; and
                                  (III) recommend zoning and 
                                other land use policies that 
                                would support infill, transit-
                                oriented development, and mixed 
                                use development.
                          (iii) Vulnerability assessment.--A 
                        long-range transportation plan shall 
                        incorporate a vulnerability assessment 
                        that--
                                  (I) includes a risk-based 
                                assessment of vulnerabilities 
                                of critical transportation 
                                assets and systems to covered 
                                events (as such term is defined 
                                in section 124);
                                  (II) considers, as 
                                applicable, the risk management 
                                analysis in the State's asset 
                                management plan developed 
                                pursuant to section 119, and 
                                the State's evaluation of 
                                reasonable alternatives to 
                                repeatedly damaged facilities 
                                conducted under part 667 of 
                                title 23, Code of Federal 
                                Regulations;
                                  (III) at the discretion of 
                                the metropolitan planning 
                                organization, identifies 
                                evacuation routes, assesses the 
                                ability of any such routes to 
                                provide safe passage for 
                                evacuation, access to health 
                                care and public health 
                                facilities, and emergency 
                                response during an emergency 
                                event, and identifies any 
                                improvements or redundant 
                                facilities necessary to 
                                adequately facilitate safe 
                                passage;
                                  (IV) describes the 
                                metropolitan planning 
                                organization's adaptation and 
                                resilience improvement 
                                strategies that will inform the 
                                transportation investment 
                                decisions of the metropolitan 
                                planning organization; and
                                  (V) is consistent with and 
                                complementary of the State, 
                                Tribal, and local mitigation 
                                plans required under section 
                                322 of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 
                                5165).
                          (iv) Consultation.--The assessment 
                        described in this subparagraph shall be 
                        developed in consultation with, as 
                        appropriate, State, local, and Tribal 
                        officials responsible for land use, 
                        housing, resilience, hazard mitigation, 
                        and emergency management.
          (3) Coordination with clean air act agencies.--In 
        metropolitan areas that are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act (42 U.S.C. 
        7401 et seq.), the metropolitan planning organization 
        shall coordinate the development of a transportation 
        plan with the process for development of the 
        transportation control measures of the State 
        implementation plan required by that Act.
          (4) Optional scenario development.--
                  (A) In general.--A metropolitan planning 
                organization may, while fitting the needs and 
                complexity of its community, voluntarily elect 
                to develop multiple scenarios for consideration 
                as part of the development of the metropolitan 
                transportation plan, in accordance with 
                subparagraph (B).
                  (B) Recommended components.--A metropolitan 
                planning organization that chooses to develop 
                multiple scenarios under subparagraph (A) shall 
                be encouraged to consider--
                          (i) potential regional investment 
                        strategies for the planning horizon;
                          (ii) assumed distribution of 
                        population and employment;
                          (iii) a scenario that, to the maximum 
                        extent practicable, maintains baseline 
                        conditions for the performance measures 
                        identified in subsection (h)(2);
                          (iv) a scenario that improves the 
                        baseline conditions for as many of the 
                        performance measures identified in 
                        subsection (h)(2) as possible;
                          (v) revenue constrained scenarios 
                        based on the total revenues expected to 
                        be available over the forecast period 
                        of the plan; and
                          (vi) estimated costs and potential 
                        revenues available to support each 
                        scenario.
                  (C) Metrics.--In addition to the performance 
                measures identified in section 150(c), 
                metropolitan planning organizations may 
                evaluate scenarios developed under this 
                paragraph using locally-developed measures.
          (5) Consultation.--
                  (A) In general.--In each metropolitan area, 
                the metropolitan planning organization shall 
                consult, as appropriate, with State and local 
                agencies responsible for land use management, 
                natural resources, environmental protection, 
                conservation, air quality, public health, 
                housing, transportation, resilience, hazard 
                mitigation, emergency management, and historic 
                preservation concerning the development of a 
                long-range transportation plan.
                  [(B) Issues.--The consultation shall involve, 
                as appropriate--
                          [(i) comparison of transportation 
                        plans with State conservation plans or 
                        maps, if available; or
                          [(ii) comparison of transportation 
                        plans to inventories of natural or 
                        historic resources, if available.]
                  (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.
          (6) Participation by interested parties.--
                  (A) In general.--Each metropolitan planning 
                organization shall provide citizens, affected 
                public agencies, representatives of public 
                transportation employees, public ports, freight 
                shippers, providers of freight transportation 
                services, private providers of transportation 
                (including intercity bus operators, employer-
                based commuting programs, such as a carpool 
                program, vanpool program, transit benefit 
                program, parking cash-out program, shuttle 
                program, or telework program), representatives 
                of users of public transportation, 
                representatives of users of pedestrian walkways 
                and bicycle transportation facilities, 
                representatives of the disabled, and other 
                interested parties with a reasonable 
                opportunity to comment on the transportation 
                plan.
                  (B) Contents of participation plan.--A 
                participation plan--
                          (i) shall be developed in 
                        consultation with all interested 
                        parties; and
                          (ii) shall provide that all 
                        interested parties have reasonable 
                        opportunities to comment on the 
                        contents of the transportation plan.
                  [(C) Methods.--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).]
                  (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.
          (7) Publication.--A transportation plan involving 
        Federal participation shall be published or otherwise 
        made readily available by the metropolitan planning 
        organization for public review, including (to the 
        maximum extent practicable) in electronically 
        accessible formats and means, such as the World Wide 
        Web, approved by the metropolitan planning organization 
        and submitted for information purposes to the Governor 
        at such times and in such manner as the Secretary shall 
        establish.
          (8) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2)(E), a State or 
        metropolitan planning organization shall not be 
        required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under paragraph (2)(E).
  (j) Metropolitan TIP.--
          (1) Development.--
                  (A) In general.--In cooperation with the 
                State and any affected public transportation 
                operator, the metropolitan planning 
                organization designated for a metropolitan area 
                shall develop a TIP for the metropolitan 
                planning area that--
                          (i) contains projects consistent with 
                        the current metropolitan transportation 
                        plan;
                          (ii) reflects the investment 
                        priorities established in the current 
                        metropolitan transportation plan; and
                          (iii) once implemented, is designed 
                        to make progress toward achieving the 
                        performance targets established under 
                        subsection (h)(2).
                  (B) Opportunity for comment.--In developing 
                the TIP, the metropolitan planning 
                organization, in cooperation with the State and 
                any affected public transportation operator, 
                shall provide an opportunity for participation 
                by interested parties in the development of the 
                program, in accordance with [subsection (i)(5)] 
                subsection (i)(6).
                  (C) Funding estimates.--For the purpose of 
                developing the TIP, the metropolitan planning 
                organization, public transportation agency, and 
                State shall cooperatively develop estimates of 
                funds that are reasonably expected to be 
                available to support program implementation.
                  (D) Updating and approval.--The TIP shall 
                be--
                          (i) updated at least once every 4 
                        years; and
                          (ii) approved by the metropolitan 
                        planning organization and the Governor.
          (2) Contents.--
                  (A) Priority list.--The TIP shall include a 
                priority list of proposed [Federally] federally 
                supported projects and strategies to be carried 
                out within each 4-year period after the initial 
                adoption of the TIP.
                  (B) Financial plan.--The TIP shall include a 
                financial plan that--
                          (i) demonstrates how the TIP can be 
                        implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be available to carry out 
                        the program;
                          (iii) identifies innovative financing 
                        techniques to finance projects, 
                        programs, and strategies; and
                          (iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved TIP 
                        if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                  (C) Descriptions.--Each project in the TIP 
                shall include sufficient descriptive material 
                (such as type of work, termini, length, and 
                other similar factors) to identify the project 
                or phase of the project.
                  (D)  [Performance target achievement] 
                Performance management.--
                          (i) In general.--The [transportation 
                        improvement program] TIP shall include, 
                        to the maximum extent practicable, a 
                        description of the anticipated effect 
                        of the [transportation improvement 
                        program] TIP toward achieving the 
                        performance targets established in the 
                        metropolitan transportation plan, 
                        linking investment priorities to those 
                        performance targets.
                          (ii) Transportation management 
                        areas.--For metropolitan planning areas 
                        that represent an urbanized area 
                        designated as a transportation 
                        management area under subsection (k), 
                        the TIP shall include--
                                  (I) a discussion of the 
                                anticipated effect of the TIP 
                                toward achieving the 
                                performance targets established 
                                in the metropolitan 
                                transportation plan, linking 
                                investment priorities to such 
                                performance targets; and
                                  (II) a description of how the 
                                anticipated effect of the TIP 
                                would improve the overall level 
                                of transportation system 
                                access, consistent with section 
                                150(f).
          (3) Included projects.--
                  (A) Projects under this title and chapter 53 
                of title 49.--A TIP developed under this 
                subsection for a metropolitan area shall 
                include the projects within the area that are 
                proposed for funding under chapter 1 of this 
                title and chapter 53 of title 49.
                  (B) Projects under chapter 2.--
                          (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 shall be identified 
                        individually in the [transportation 
                        improvement program] TIP.
                          (ii) Other projects.--Projects 
                        proposed for funding under chapter 2 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the [transportation 
                        improvement program] TIP.
                  (C) Consistency with long-range 
                transportation plan.--Each project shall be 
                consistent with the long-range transportation 
                plan developed under subsection (i) for the 
                area.
                  (D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project or the identified 
                phase within the time period contemplated for 
                completion of the project or the identified 
                phase.
                  (E) Resilience projects.--The TIP shall--
                          (i) identify any projects that 
                        address the vulnerabilities identified 
                        by the assessment in subsection 
                        (i)(2)(I)(iii); and
                          (ii) describe how each project 
                        identified under clause (i) would 
                        improve the resilience of the 
                        transportation system.
          (4) Notice and comment.--Before approving a TIP, a 
        metropolitan planning organization, in cooperation with 
        the State and any affected public transportation 
        operator, shall provide an opportunity for 
        participation by interested parties in the development 
        of the program, in accordance with [subsection (i)(5)] 
        subsection (i)(6).
          (5) Selection of projects.--
                  (A) In general.--Except as otherwise provided 
                in subsection (k)(4) and in addition to the TIP 
                development required under paragraph (1), the 
                selection of [Federally] federally funded 
                projects in metropolitan areas shall be carried 
                out, from the approved TIP--
                          (i) by--
                                  (I) in the case of projects 
                                under this title, the State; 
                                and
                                  (II) in the case of projects 
                                under chapter 53 of title 49, 
                                the designated recipients of 
                                public transportation funding; 
                                and
                          (ii) in cooperation with the 
                        metropolitan planning organization.
                  (B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                TIP in place of another project in the program.
          (6) Selection of projects from illustrative list.--
                  (A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan 
                planning organization shall not be required to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv).
                  (B) Required action by the secretary.--Action 
                by the Secretary shall be required for a State 
                or metropolitan planning organization to select 
                any project from the illustrative list of 
                additional projects included in the financial 
                plan under paragraph (2)(B)(iv) for inclusion 
                in an approved TIP.
          (7) Publication.--
                  (A) Publication of tips.--A TIP involving 
                Federal participation shall be published or 
                otherwise made readily available by the 
                metropolitan planning organization for public 
                review.
                  (B) Publication of annual listings of 
                projects.--
                          (i) In general.--An annual listing of 
                        projects, including investments in 
                        pedestrian walkways and bicycle 
                        transportation facilities, for which 
                        Federal funds have been obligated in 
                        the preceding year shall be published 
                        or otherwise made available by the 
                        cooperative effort of the State, 
                        transit operator, and metropolitan 
                        planning organization for public 
                        review.
                          (ii) Requirement.--The listing shall 
                        be consistent with the categories 
                        identified in the TIP.
  (k) Transportation Management Areas.--
          (1) Identification and designation.--
                  (A) Required identification.--The Secretary 
                shall identify as a transportation management 
                area each urbanized area (as defined by the 
                Bureau of the Census) with a population of over 
                200,000 individuals.
                  (B) Designations on request.--The Secretary 
                shall designate any additional area as a 
                transportation management area on the request 
                of the Governor and the metropolitan planning 
                organization designated for the area.
          (2) Transportation plans.--In a transportation 
        management area, transportation plans shall be based on 
        a continuing and comprehensive transportation planning 
        process carried out by the metropolitan planning 
        organization in cooperation with the State and public 
        transportation operators.
          (3) Congestion management process.--
                  (A) In general.--Within a metropolitan 
                planning area serving a transportation 
                management area, the transportation planning 
                process under this section [shall address 
                congestion management] shall address--
                          (i) congestion management  through a 
                        process that provides for effective 
                        management and operation, based on a 
                        cooperatively developed and implemented 
                        metropolitan-wide strategy, of new and 
                        existing transportation facilities 
                        eligible for funding under this title 
                        and chapter 53 of title 49 through the 
                        use of travel demand reduction 
                        (including intercity bus operators, 
                        employer-based commuting programs such 
                        as a carpool program, vanpool program, 
                        transit benefit program, parking cash-
                        out program, shuttle program, or 
                        telework program), job access projects, 
                        and operational management 
                        strategies[.]; and
                          (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.
                  (B) Schedule.--The Secretary shall establish 
                an appropriate phase-in schedule for compliance 
                with the requirements of this section but no 
                sooner than 1 year after the identification of 
                a transportation management area.
                  (C) Congestion management plan.--A 
                metropolitan planning organization serving a 
                transportation management area may develop a 
                plan that includes projects and strategies that 
                will be considered in the TIP of such 
                metropolitan planning organization. Such plan 
                shall--
                          (i) develop regional goals to reduce 
                        vehicle miles traveled during peak 
                        commuting hours and improve 
                        transportation connections between 
                        areas with high job concentration and 
                        areas with high concentrations of low-
                        income households;
                          (ii) identify existing public 
                        transportation services, employer-based 
                        commuter programs, and other existing 
                        transportation services that support 
                        access to jobs in the region; and
                          (iii) identify proposed projects and 
                        programs to reduce congestion and 
                        increase job access opportunities.
                  (D) Participation.--In developing the plan 
                under subparagraph (C), a metropolitan planning 
                organization shall consult with employers, 
                private and nonprofit providers of public 
                transportation, transportation management 
                organizations, and organizations that provide 
                job access reverse commute projects or job-
                related services to low-income individuals.
          (4) Selection of projects.--
                  (A) In general.--All [Federally] federally 
                funded projects carried out within the 
                boundaries of a metropolitan planning area 
                serving a transportation management area under 
                this title (excluding projects carried out on 
                the National Highway System) or under chapter 
                53 of title 49 shall be selected for 
                implementation from the approved TIP by the 
                metropolitan planning organization designated 
                for the area in consultation with the State and 
                any affected public transportation operator.
                  (B) National highway system projects.--
                Projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area on the National 
                Highway System shall be selected for 
                implementation from the approved TIP by the 
                State in cooperation with the metropolitan 
                planning organization designated for the area.
          (5) Certification.--
                  (A) In general.--The Secretary shall--
                          (i) ensure that the metropolitan 
                        planning process of a metropolitan 
                        planning organization serving a 
                        transportation management area is being 
                        carried out in accordance with 
                        applicable provisions of Federal law; 
                        and
                          (ii) subject to subparagraph (B), 
                        certify, not less often than once every 
                        4 years, that the requirements of this 
                        paragraph are met with respect to the 
                        metropolitan planning process.
                  (B) Requirements for certification.--The 
                Secretary may make the certification under 
                subparagraph (A) if--
                          (i) the transportation planning 
                        process complies with the requirements 
                        of this section and other applicable 
                        requirements of Federal law[; and];
                          (ii) there is a TIP for the 
                        metropolitan planning area that has 
                        been approved by the metropolitan 
                        planning organization and the 
                        Governor[.]; and
                          (iii) the TIP approved under clause 
                        (ii) makes progress towards improving 
                        the level of transportation system 
                        access, consistent with section 150(f).
                  (C) Effect of failure to certify.--
                          (i) Withholding of project funds.--If 
                        a metropolitan planning process of a 
                        metropolitan planning organization 
                        serving a transportation management 
                        area is not certified, the Secretary 
                        may withhold up to 20 percent of the 
                        funds attributable to the metropolitan 
                        planning area of the metropolitan 
                        planning organization for projects 
                        funded under this title and chapter 53 
                        of title 49.
                          (ii) Restoration of withheld funds.--
                        The withheld funds shall be restored to 
                        the metropolitan planning area at such 
                        time as the metropolitan planning 
                        process is certified by the Secretary.
                  (D) Review of certification.--In making 
                certification determinations under this 
                paragraph, the Secretary shall provide for 
                public involvement appropriate to the 
                metropolitan area under review.
  (l) Report on Performance-based Planning Processes.--
          (1) In general.--The Secretary shall submit to 
        Congress a report on the effectiveness of the 
        performance-based planning processes of metropolitan 
        planning organizations under this section, taking into 
        consideration the requirements of this subsection.
          (2) Report.--Not later than [5 years after the date 
        of enactment of the MAP-21] 2 years after the date of 
        enactment of the INVEST in America Act, and every 2 
        years thereafter, the Secretary shall submit to 
        Congress a report evaluating--
                  (A) the overall effectiveness of performance-
                based planning as a tool for guiding 
                transportation investments;
                  (B) the effectiveness of the performance-
                based planning process of each metropolitan 
                planning organization under this section;
                  (C) the extent to which metropolitan planning 
                organizations have achieved, or are currently 
                making substantial progress toward achieving, 
                the performance targets specified under this 
                section [and whether metropolitan planning 
                organizations are developing meaningful 
                performance targets; and];
                  [(D) the technical capacity of metropolitan 
                planning organizations that operate within a 
                metropolitan planning area with a population of 
                200,000 or less and their ability to carry out 
                the requirements of this section.]
                  (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).
          (3) Publication.--The report under paragraph (2) 
        shall be published or otherwise made available in 
        electronically accessible formats and means, including 
        on the Internet.
  (m) Abbreviated Plans for Certain Areas.--
          (1) In general.--Subject to paragraph (2), in the 
        case of a metropolitan area not designated as a 
        transportation management area under this section, the 
        Secretary may provide for the development of an 
        abbreviated transportation plan and TIP for the 
        metropolitan planning area that the Secretary 
        determines is appropriate to achieve the purposes of 
        this section, taking into account the complexity of 
        transportation problems in the area.
          (2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans or TIPs for a metropolitan 
        area that is in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.).
  (n) Additional Requirements for Certain Nonattainment 
Areas.--
          (1) In general.--Notwithstanding any other provisions 
        of this title or chapter 53 of title 49, for 
        transportation management areas classified as 
        nonattainment for ozone or carbon monoxide pursuant to 
        the Clean Air Act (42 U.S.C. 7401 et seq.), Federal 
        funds may not be advanced in such area for any highway 
        project that will result in a significant increase in 
        the carrying capacity for single-occupant vehicles 
        unless the project is addressed through a congestion 
        management process.
          (2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (e).
  (o) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under this title or chapter 53 of title 49.
  (p) Funding.--Funds apportioned under [paragraphs (5)(D) and 
(6) of section 104(b)] section 104(b)(6) of this title or 
section 5305(g) of title 49 shall be available to carry out 
this section.
  (q) Continuation of Current Review Practice.--Since plans and 
TIPs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects 
included in plans and TIPs are subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and since decisions by the Secretary concerning plans 
and TIPs described in this section have not been reviewed under 
that Act as of January 1, 1997, any decision by the Secretary 
concerning a plan or TIP described in this section shall not be 
considered to be a Federal action subject to review under that 
Act.
  (r) Bi-State Metropolitan Planning Organization.--
          (1) Definition of bi-state mpo region.--In this 
        subsection, the term ``Bi-State MPO Region'' has the 
        meaning given the term ``region'' in subsection (a) of 
        Article II of the Lake Tahoe Regional Planning Compact 
        (Public Law 96-551; 94 Stat. 3234).
          (2) Treatment.--For the purpose of this title, the 
        Bi-State MPO Region shall be treated as--
                  (A) a metropolitan planning organization;
                  (B) a transportation management area under 
                subsection (k); and
                  (C) an urbanized area, which is comprised of 
                a population of 145,000 in the State of 
                California and a population of 65,000 in the 
                State of Nevada.
          (3) Suballocated funding.--
                  (A) Planning.--In determining the amounts 
                under subparagraph (A) of section 133(d)(1) 
                that shall be obligated for a fiscal year in 
                the States of California and Nevada under 
                clauses (i), (ii), and (iii) of that 
                subparagraph, the Secretary shall, for each of 
                those States--
                          (i) calculate the population under 
                        each of those clauses;
                          (ii) decrease the amount under 
                        section 133(d)(1)(A)(iii) by the 
                        population specified in paragraph (2) 
                        of this subsection for the Bi-State MPO 
                        Region in that State; and
                          (iii) increase the amount under 
                        section 133(d)(1)(A)(i) by the 
                        population specified in paragraph (2) 
                        of this subsection for the Bi-State MPO 
                        Region in that State.
                  (B) STBGP set aside.--In determining the 
                amounts under paragraph (2) of section 133(h) 
                that shall be obligated for a fiscal year in 
                the States of California and Nevada, the 
                Secretary shall, for the purpose of that 
                subsection, calculate the populations for each 
                of those States in a manner consistent with 
                subparagraph (A).

Sec. 135. Statewide and nonmetropolitan transportation planning

  (a) General Requirements.--
          (1) Development of plans and programs.--Subject to 
        section 134, to accomplish the objectives stated in 
        section 134(a), each State shall develop a statewide 
        transportation plan and a [statewide transportation 
        improvement program] STIP for all areas of the State.
          (2) Contents.--[The statewide transportation plan and 
        the]
                  (A)  in general._The statewide transportation 
                plan and the  [transportation improvement 
                program] STIP developed for each State shall 
                provide for the development and integrated 
                management and operation of transportation 
                systems and facilities (including accessible 
                pedestrian walkways, bicycle transportation 
                facilities, and intermodal facilities that 
                support intercity transportation, including 
                intercity buses and intercity bus facilities 
                and commuter van pool providers) that will 
                function as an intermodal transportation system 
                for the State and an integral part of an 
                intermodal transportation system for the United 
                States.
                  (B) Consideration.--In developing the 
                statewide transportation plans and STIPs, 
                States shall consider direct and indirect 
                emissions of greenhouse gases.
          (3) Process of development.--The process for 
        developing the statewide plan and the [transportation 
        improvement program] STIP shall provide for 
        consideration of all modes of transportation and the 
        policies stated in section 134(a) and shall be 
        continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  (b) Coordination With Metropolitan Planning; State 
Implementation Plan.--A State shall--
          (1) coordinate planning carried out under this 
        section with the transportation planning activities 
        carried out under section 134 for metropolitan areas of 
        the State and with statewide trade and economic 
        development planning activities and related multistate 
        planning efforts; and
          (2) develop the transportation portion of the State 
        implementation plan as required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
  (c) Interstate Agreements.--
          (1) In general.--Two or more States may enter into 
        agreements or compacts, not in conflict with any law of 
        the United States, for cooperative efforts and mutual 
        assistance in support of activities authorized under 
        this section related to interstate areas and localities 
        in the States and establishing authorities the States 
        consider desirable for making the agreements and 
        compacts effective.
          (2) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (d) Scope of Planning Process.--
          (1) In general.--Each State shall carry out a 
        statewide transportation planning process that provides 
        for consideration and implementation of projects, 
        strategies, and services that will--
                  (A) support the economic vitality of the 
                United States, the States, nonmetropolitan 
                areas, and metropolitan areas, especially by 
                enabling global competitiveness, productivity, 
                and efficiency;
                  (B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  (C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (D) increase the accessibility and mobility 
                of people and freight;
                  (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;
                  (F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes throughout the State, for people 
                and freight;
                  (G) promote efficient system management and 
                operation;
                  (H) emphasize the preservation of the 
                existing transportation system;
                  (I) improve the resiliency and reliability of 
                the transportation system and reduce or 
                mitigate stormwater, sea level rise, extreme 
                weather, and climate change impacts of surface 
                transportation; [and]
                  (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
                  [(J)] (M) enhance travel and tourism.
          (2) Performance-based approach.--
                  [(A) In general.--The statewide 
                transportation planning process shall provide 
                for the establishment and use of a performance-
                based approach to transportation decisionmaking 
                to support the national goals described in 
                section 150(b) of this title and the general 
                purposes described in section 5301 of title 
                49.]
                  (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.
                  (B) Performance targets.--
                          (i) Surface transportation 
                        performance targets.--
                                  (I) In general.--Each State 
                                shall establish performance 
                                targets that address the 
                                performance measures described 
                                in section 150(c), where 
                                applicable, to use in tracking 
                                progress towards attainment of 
                                critical outcomes for the 
                                State.
                                  (II) Coordination.--Selection 
                                of performance targets by a 
                                State shall be coordinated with 
                                the relevant metropolitan 
                                planning organizations to 
                                ensure consistency, to the 
                                maximum extent practicable.
                          (ii) Public transportation 
                        performance targets.--In areas not 
                        represented by a metropolitan planning 
                        organization, selection of performance 
                        targets by a State shall be 
                        coordinated, to the maximum extent 
                        practicable, with providers of public 
                        transportation to ensure consistency 
                        with sections 5326(c) and 5329(d) of 
                        title 49.
                  (C) Integration of other performance-based 
                plans.--A State shall integrate into the 
                statewide transportation planning process, 
                directly or by reference, the goals, 
                objectives, performance measures, and targets 
                described in this paragraph, in other State 
                transportation plans and transportation 
                processes, as well as any plans developed 
                pursuant to chapter 53 of title 49 by providers 
                of public transportation in areas not 
                represented by a metropolitan planning 
                organization required as part of a performance-
                based program.
                  (D) Use of performance measures and 
                targets.--The performance measures and targets 
                established under this paragraph shall be 
                considered by a State when developing policies, 
                programs, and investment priorities reflected 
                in the statewide transportation plan and 
                [statewide transportation improvement program] 
                STIP.
          (3) Failure to consider factors.--The failure to take 
        into consideration the factors specified in paragraphs 
        (1) and (2) shall not be subject to review by any court 
        under this title, chapter 53 of title 49, subchapter II 
        of chapter 5 of title 5, or chapter 7 of title 5 in any 
        matter affecting a statewide transportation plan, a 
        [statewide transportation improvement program] STIP, a 
        project or strategy, or the certification of a planning 
        process.
  (e) Additional Requirements.--In carrying out planning under 
this section, each State shall, at a minimum--
          (1) with respect to nonmetropolitan areas, cooperate 
        with affected local officials with responsibility for 
        transportation or, if applicable, through regional 
        transportation planning organizations described in 
        subsection (m);
          (2) consider the concerns of Indian tribal 
        governments and Federal land management agencies that 
        have jurisdiction over land within the boundaries of 
        the State; and
          (3) consider coordination of transportation plans, 
        the [transportation improvement program] STIP, and 
        planning activities with related planning activities 
        being carried out outside of metropolitan planning 
        areas and between States.
  (f) Long-range Statewide Transportation Plan.--
          (1) Development.--Each State shall develop a long-
        range statewide transportation plan, with a minimum 20-
        year forecast period for all areas of the State, that 
        provides for the development and implementation of the 
        intermodal transportation system of the State.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--The statewide 
                transportation plan shall be developed for each 
                metropolitan area in the State in cooperation 
                with the metropolitan planning organization 
                designated for the metropolitan area under 
                section 134.
                  (B) Nonmetropolitan areas.--
                          (i) In general.--With respect to 
                        nonmetropolitan areas, the statewide 
                        transportation plan shall be developed 
                        in cooperation with affected 
                        nonmetropolitan officials with 
                        responsibility for transportation or, 
                        if applicable, through regional 
                        transportation planning organizations 
                        described in subsection (m).
                          (ii) Role of secretary.--The 
                        Secretary shall not review or approve 
                        the consultation process in each State.
                  (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the statewide 
                transportation plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
                  (D) Consultation, comparison, and 
                consideration.--
                          (i) In general.--The long-range 
                        transportation plan shall be developed, 
                        as appropriate, in consultation with 
                        State, tribal, and local agencies 
                        responsible for land use management, 
                        natural resources, environmental 
                        protection, conservation, air quality, 
                        public health, housing, transportation, 
                        resilience, hazard mitigation, 
                        emergency management, and historic 
                        preservation.
                          [(ii) Comparison and consideration.--
                        Consultation under clause (i) shall 
                        involve comparison of transportation 
                        plans to State and tribal conservation 
                        plans or maps, if available, and 
                        comparison of transportation plans to 
                        inventories of natural or historic 
                        resources, if available.]
                          (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.
          (3) Participation by interested parties.--
                  (A) In general.--In developing the statewide 
                transportation plan, the State shall provide 
                to--
                          (i) nonmetropolitan local elected 
                        officials or, if applicable, through 
                        regional transportation planning 
                        organizations described in subsection 
                        (m), an opportunity to participate in 
                        accordance with subparagraph (B)(i); 
                        and
                          (ii) citizens, affected public 
                        agencies, representatives of public 
                        transportation employees, public ports, 
                        freight shippers, private providers of 
                        transportation (including intercity bus 
                        operators, employer-based commuting 
                        programs, such as a carpool program, 
                        vanpool program, transit benefit 
                        program, parking cash-out program, 
                        shuttle program, or telework program), 
                        representatives of users of public 
                        transportation, representatives of 
                        users of pedestrian walkways and 
                        bicycle transportation facilities, 
                        representatives of the disabled, 
                        providers of freight transportation 
                        services, and other interested parties 
                        a reasonable opportunity to comment on 
                        the proposed plan.
                  (B) Methods.--[In carrying out]
                          (i) In general._in carrying out  
                        subparagraph (A), the State shall, to 
                        the maximum extent practicable--
                                  [(i)] (I) develop and 
                                document a consultative process 
                                to carry out subparagraph 
                                (A)(i) that is separate and 
                                discrete from the public 
                                involvement process developed 
                                under clause (ii);
                                  [(ii)] (II) hold any public 
                                meetings at convenient and 
                                accessible locations and times;
                                  [(iii)] (III) employ 
                                visualization techniques to 
                                describe plans; and
                                  [(iv)] (IV) 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 
                        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.
          (4) Mitigation activities.--
                  (A) In general.--A long-range transportation 
                plan shall include a discussion of potential 
                environmental mitigation activities and 
                potential areas to carry out these activities, 
                including activities that may have the greatest 
                potential to reduce greenhouse gas emissions 
                and restore and maintain the environmental 
                functions affected by the plan.
                  (B) Consultation.--The discussion shall be 
                developed in consultation with Federal, State, 
                and tribal wildlife, land management, and 
                regulatory agencies.
          (5) Financial plan.--The statewide transportation 
        plan may include--
                  (A) a financial plan that--
                          (i) demonstrates how the adopted 
                        statewide transportation plan can be 
                        implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be made available to carry 
                        out the plan; and
                          (iii) recommends any additional 
                        financing strategies for needed 
                        projects and programs; and
                  (B) for illustrative purposes, additional 
                projects that would be included in the adopted 
                statewide transportation plan if reasonable 
                additional resources beyond those identified in 
                the financial plan were available.
          (6) Selection of projects from illustrative list.--A 
        State shall not be required to select any project from 
        the illustrative list of additional projects included 
        in the financial plan described in paragraph (5).
          (7) Performance-based approach.--The statewide 
        transportation plan shall include--
                  (A) a description of the performance measures 
                and performance targets used in assessing the 
                performance of the transportation system in 
                accordance with subsection (d)(2); and
                  (B) a system performance report and 
                subsequent updates evaluating the condition and 
                performance of the transportation system with 
                respect to the performance targets described in 
                subsection (d)(2), including progress achieved 
                by the metropolitan planning organization in 
                meeting the performance targets in comparison 
                with system performance recorded in previous 
                reports[;].
          (8) Existing system.--The statewide transportation 
        plan should include capital, operations and management 
        strategies, investments, procedures, and other measures 
        to ensure the preservation and most efficient use of 
        the existing transportation system, 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.
          (9) Publication of long-range transportation plans.--
        Each long-range transportation plan prepared by a State 
        shall be published or otherwise made available, 
        including (to the maximum extent practicable) in 
        electronically accessible formats and means, such as 
        the World Wide Web.
          (10) Climate change and resilience.--
                  (A) In general.--The transportation planning 
                process shall assess strategies to reduce the 
                climate change impacts of the surface 
                transportation system and conduct a 
                vulnerability assessment to identify 
                opportunities to enhance the resilience of the 
                surface transportation system and ensure the 
                efficient use of Federal resources.
                  (B) Climate change mitigation and impacts.--A 
                long-range transportation plan shall--
                          (i) identify investments and 
                        strategies to reduce transportation-
                        related sources of greenhouse gas 
                        emissions per capita;
                          (ii) identify investments and 
                        strategies to manage transportation 
                        demand and increase the rates of public 
                        transportation ridership, walking, 
                        bicycling, and carpools; and
                          (iii) recommend zoning and other land 
                        use policies that would support infill, 
                        transit-oriented development, and mixed 
                        use development.
                  (C) Vulnerability assessment.--A long-range 
                transportation plan shall incorporate a 
                vulnerability assessment that--
                          (i) includes a risk-based assessment 
                        of vulnerabilities of critical 
                        transportation assets and systems to 
                        covered events (as such term is defined 
                        in section 124);
                          (ii) considers, as applicable, the 
                        risk management analysis in the State's 
                        asset management plan developed 
                        pursuant to section 119, and the 
                        State's evaluation of reasonable 
                        alternatives to repeatedly damaged 
                        facilities conducted under part 667 of 
                        title 23, Code of Federal Regulations;
                          (iii) identifies evacuation routes, 
                        assesses the ability of any such routes 
                        to provide safe passage for evacuation, 
                        access to health care and public health 
                        facilities, and emergency response 
                        during an emergency event, and 
                        identifies any improvements or 
                        redundant facilities necessary to 
                        adequately facilitate safe passage;
                          (iv) describes the States's 
                        adaptation and resilience improvement 
                        strategies that will inform the 
                        transportation investment decisions of 
                        the State; and
                          (v) is consistent with and 
                        complementary of the State, Tribal, and 
                        local mitigation plans required under 
                        section 322 of the Robert T. Stafford 
                        Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5165).
                  (D) Consultation.--The assessment described 
                in this paragraph shall be developed in 
                consultation with, as appropriate, metropolitan 
                planning organizations and State, local, and 
                Tribal officials responsible for land use, 
                housing, resilience, hazard mitigation, and 
                emergency management.
  (g) Statewide Transportation Improvement Program.--
          (1) Development.--
                  (A) In general.--Each State shall develop a 
                [statewide transportation improvement 
                program]STIP for all areas of the State.
                  (B) Duration and updating of program.--Each 
                program developed under subparagraph (A) shall 
                cover a period of 4 years and shall be updated 
                every 4 years or more frequently if the 
                Governor of the State elects to update more 
                frequently.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--With respect to each 
                metropolitan area in the State, the program 
                shall be developed in cooperation with the 
                metropolitan planning organization designated 
                for the metropolitan area under section 134.
                  (B) Nonmetropolitan areas.--
                          (i) In general.--With respect to each 
                        nonmetropolitan area in the State, the 
                        program shall be developed in 
                        consultation with affected 
                        nonmetropolitan local officials with 
                        responsibility for transportation or, 
                        if applicable, through regional 
                        transportation planning organizations 
                        described in subsection (m).
                          (ii) Role of secretary.--The 
                        Secretary shall not review or approve 
                        the specific consultation process in 
                        the State.
                  (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the program 
                shall be developed in consultation with the 
                tribal government and the Secretary of the 
                Interior.
          (3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, public ports, freight 
        shippers, private providers of transportation 
        (including intercity bus [operators),,] operators), 
        providers of freight transportation services, 
        representatives of users of public transportation, 
        representatives of users of pedestrian walkways and 
        bicycle transportation facilities, representatives of 
        the disabled, and other interested parties with a 
        reasonable opportunity to comment on the proposed 
        program.
          (4) [Performance target achievement] Performance 
        management._A [statewide transportation improvement 
        program shall include, to the maximum extent 
        practicable, a discussion] STIP shall include--
                  (A)a discussion a discussion of the 
                anticipated effect of the [statewide 
                transportation improvement program] STIP toward 
                achieving the performance targets established 
                in the statewide transportation plan, linking 
                investment priorities to those performance 
                targets[.]; and
                  (B) a consideration of the anticipated effect 
                of the STIP on the overall level of 
                transportation system access, consistent with 
                section 150(f).
          (5) Included projects.--
                  (A) In general.--A [transportation 
                improvement program] STIP developed under this 
                subsection for a State shall include Federally 
                supported surface transportation expenditures 
                within the boundaries of the State.
                  (B) Listing of projects.--
                          (i) In general.--An annual listing of 
                        projects for which funds have been 
                        obligated for the preceding year in 
                        each metropolitan planning area shall 
                        be published or otherwise made 
                        available by the cooperative effort of 
                        the State, transit operator, and the 
                        metropolitan planning organization for 
                        public review.
                          (ii) Funding categories.--The listing 
                        described in clause (i) shall be 
                        consistent with the funding categories 
                        identified in each [metropolitan 
                        transportation improvement program] 
                        TIP.
                          (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.
                  (C) Projects under chapter 2.--
                          (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 shall be identified 
                        individually in the [transportation 
                        improvement program] STIP.
                          (ii) Other projects.--Projects 
                        proposed for funding under chapter 2 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the [transportation 
                        improvement program] STIP.
                  (D) Consistency with statewide transportation 
                plan.--Each project shall be--
                          (i) consistent with the statewide 
                        transportation plan developed under 
                        this section for the State;
                          (ii) identical to the project or 
                        phase of the project as described in an 
                        approved metropolitan transportation 
                        plan; and
                          (iii) in conformance with the 
                        applicable State air quality 
                        implementation plan developed under the 
                        Clean Air Act (42 U.S.C. 7401 et seq.), 
                        if the project is carried out in an 
                        area designated as a nonattainment area 
                        for ozone, particulate matter, or 
                        carbon monoxide under part D of title I 
                        of that Act (42 U.S.C. 7501 et seq.).
                  (E) Requirement of anticipated full 
                funding.--The [transportation improvement 
                program] STIP shall include a project, or an 
                identified phase of a project, only if full 
                funding can reasonably be anticipated to be 
                available for the project within the time 
                period contemplated for completion of the 
                project.
                  (F) Financial plan.--
                          (i) In general.--The [transportation 
                        improvement program] STIP may include a 
                        financial plan that demonstrates how 
                        the approved [transportation 
                        improvement program] STIP can be 
                        implemented, indicates resources from 
                        public and private sources that are 
                        reasonably expected to be made 
                        available to carry out the 
                        [transportation improvement program] 
                        STIP, and recommends any additional 
                        financing strategies for needed 
                        projects and programs.
                          (ii) Additional projects.--The 
                        financial plan may include, for 
                        illustrative purposes, additional 
                        projects that would be included in the 
                        adopted transportation plan if 
                        reasonable additional resources beyond 
                        those identified in the financial plan 
                        were available.
                  (G) Selection of projects from illustrative 
                list.--
                          (i) No required selection.--
                        Notwithstanding subparagraph (F), a 
                        State shall not be required to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F).
                          (ii) Required action by the 
                        secretary.--Action by the Secretary 
                        shall be required for a State to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F) 
                        for inclusion in an approved 
                        [transportation improvement program] 
                        STIP.
                  (H) Priorities.--The [transportation 
                improvement program] STIP shall reflect the 
                priorities for programming and expenditures of 
                funds, including transportation enhancement 
                activities, required by this title and chapter 
                53 of title 49.
          (6) Project selection for areas of less than 50,000 
        population.--
                  (A) In general.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals shall be selected, from the 
                approved [transportation improvement program] 
                STIP (excluding projects carried out on the 
                National Highway System [and projects carried 
                out under the bridge program or the Interstate 
                maintenance program] under this title or under 
                sections 5310 and 5311 of title 49), by the 
                State in cooperation with the affected 
                nonmetropolitan local officials with 
                responsibility for transportation or, if 
                applicable, through regional transportation 
                planning organizations described in subsection 
                (m).
                  (B) Other projects.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals on the National Highway System [or 
                under the bridge program or the Interstate 
                maintenance program] under this title or under 
                sections [5310, 5311, 5316, and 5317] 5310 and 
                5311 of title 49 shall be selected, from the 
                approved [statewide transportation improvement 
                program] STIP, by the State in consultation 
                with the affected nonmetropolitan local 
                officials with responsibility for 
                transportation.
          (7)  [Transportation improvement program] STIP 
        approval.--Every 4 years, a [transportation improvement 
        program] STIP developed under this subsection shall be 
        reviewed and approved by the Secretary if based on a 
        current planning finding.
          (8) Planning finding.--A finding shall be made by the 
        Secretary at least every 4 years that the 
        transportation planning process through which 
        [statewide transportation plans and programs] statewide 
        transportation plans and STIPs are developed is 
        consistent with this section and section 134.
          (9) Modifications to project priority.--
        Notwithstanding any other provision of law, action by 
        the Secretary shall not be required to advance a 
        project included in the approved [transportation 
        improvement program] STIP in place of another project 
        in the program.
  (h) Performance-based Planning Processes Evaluation.--
          (1) In general.--The Secretary shall establish 
        criteria to evaluate the effectiveness of the 
        performance-based planning processes of States, taking 
        into consideration the following:
                  (A) The extent to which the State is making 
                progress toward achieving, the performance 
                targets described in subsection (d)(2), taking 
                into account whether the State developed 
                appropriate performance targets.
                  (B) The extent to which the State has made 
                transportation investments that are efficient 
                and cost-effective.
                  (C) The extent to which the State--
                          (i) has developed an investment 
                        process that relies on public input and 
                        awareness to ensure that investments 
                        are transparent and accountable; and
                          (ii) provides reports allowing the 
                        public to access the information being 
                        collected in a format that allows the 
                        public to meaningfully assess the 
                        performance of the State.
          (2) Report.--
                  (A) In general.--[Not later than 5 years 
                after the date of enactment of the MAP-21,] Not 
                less frequently than once every 4 years, the 
                Secretary shall submit to Congress a report 
                evaluating--
                          (i) the overall effectiveness of 
                        performance-based planning as a tool 
                        for guiding transportation investments; 
                        and
                          (ii) the effectiveness of the 
                        performance-based planning process of 
                        each State.
                  (B) Publication.--The report under 
                subparagraph (A) shall be published or 
                otherwise made available in electronically 
                accessible formats and means, including on the 
                Internet.
  (i) Funding.--Funds apportioned under[paragraphs (5)(D) and 
(6) of section 104(b)] section 104(b)(6) of this title and set 
aside under section 5305(g) of title 49 shall be available to 
carry out this section.
  (j) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 134, and 
sections 5303 and 5304 of title 49, State laws, rules, or 
regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under 
this section and section 134, and sections 5303 and 5304 of 
title 49, if the Secretary finds that the State laws, rules, or 
regulations are consistent with, and fulfill the intent of, the 
purposes of this section and section 134 and sections 5303 and 
5304 of title 49, as appropriate.
  (k) Continuation of Current Review Practice.--Since the 
statewide transportation plan and the [transportation 
improvement program] STIP described in this section are subject 
to a reasonable opportunity for public comment, since 
individual projects included in the statewide transportation 
plans and the [transportation improvement program] STIP are 
subject to review under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the 
Secretary concerning statewide transportation plans or the 
[transportation improvement program] STIP described in this 
section have not been reviewed under that Act as of January 1, 
1997, any decision by the Secretary concerning a metropolitan 
or statewide transportation plan or the [transportation 
improvement program] STIP described in this section shall not 
be considered to be a Federal action subject to review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.).
  (l) Schedule for Implementation.--The Secretary shall issue 
guidance on a schedule for implementation of the changes made 
by this section, taking into consideration the established 
planning update cycle for States. The Secretary shall not 
require a State to deviate from its established planning update 
cycle to implement changes made by this section. States shall 
reflect changes made to their transportation plan or 
transportation improvement program updates not later than 2 
years after the date of issuance of guidance by the Secretary 
under this subsection.
  (m) Designation of Regional Transportation Planning 
Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a State may 
        establish and designate regional transportation 
        planning organizations to enhance the planning, 
        coordination, and implementation of statewide strategic 
        long-range transportation plans and [transportation 
        improvement programs] STIPs, with an emphasis on 
        addressing the needs of nonmetropolitan areas of the 
        State.
          (2) Structure.--A regional transportation planning 
        organization shall be established as a 
        multijurisdictional organization of nonmetropolitan 
        local officials or their designees who volunteer for 
        such organization and representatives of local 
        transportation systems who volunteer for such 
        organization.
          (3) Requirements.--A regional transportation planning 
        organization shall establish, at a minimum--
                  (A) a policy committee, the majority of which 
                shall consist of nonmetropolitan local 
                officials, or their designees, and, as 
                appropriate, additional representatives from 
                the State, private business, transportation 
                service providers, economic development 
                practitioners, and the public in the region; 
                and
                  (B) a fiscal and administrative agent, such 
                as an existing regional planning and 
                development organization, to provide 
                professional planning, management, and 
                administrative support.
          (4) Duties.--The duties of a regional transportation 
        planning organization shall include--
                  (A) developing and maintaining, in 
                cooperation with the State, regional long-range 
                multimodal transportation plans;
                  (B) developing a regional transportation 
                improvement program for consideration by the 
                State;
                  (C) fostering the coordination of local 
                planning, land use, and economic development 
                plans with State, regional, and local 
                transportation plans and programs;
                  (D) providing technical assistance to local 
                officials;
                  (E) participating in national, multistate, 
                and State policy and planning development 
                processes to ensure the regional and local 
                input of nonmetropolitan areas;
                  (F) providing a forum for public 
                participation in the statewide and regional 
                transportation planning processes;
                  (G) considering and sharing plans and 
                programs with neighboring regional 
                transportation planning organizations, 
                metropolitan planning organizations, and, where 
                appropriate, tribal organizations; and
                  (H) conducting other duties, as necessary, to 
                support and enhance the statewide planning 
                process under subsection (d).
          (5) States without regional transportation planning 
        organizations.--If a State chooses not to establish or 
        designate a regional transportation planning 
        organization, the State shall consult with affected 
        nonmetropolitan local officials to determine projects 
        that may be of regional significance.

           *       *       *       *       *       *       *


Sec. 139. Efficient environmental reviews for project decisionmaking

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Agency.--The term ``agency'' means any agency, 
        department, or other unit of Federal, State, local, or 
        Indian tribal government.
          (2) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed 
        statement of environmental impacts required to be 
        prepared under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
          (3) Environmental review process.--
                  (A) In general.--The term ``environmental 
                review process'' means the process for 
                preparing for a project an environmental impact 
                statement, environmental assessment, 
                categorical exclusion, or other document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  (B) Inclusions.--The term ``environmental 
                review process'' includes the process for and 
                completion of any environmental permit, 
                approval, review, or study required for a 
                project under any Federal law other than the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          (4) Lead agency.--The term ``lead agency'' means the 
        Department of Transportation and, if applicable, any 
        State or local governmental entity serving as a joint 
        lead agency pursuant to this section.
          (5) Multimodal project.--The term ``multimodal 
        project'' means a project that requires the approval of 
        more than 1 Department of Transportation operating 
        administration or secretarial office.
          (6) Project.--
                  (A) In general.--The term ``project'' means 
                any highway project, public transportation 
                capital project, or multimodal project that, if 
                implemented as proposed by the project sponsor, 
                would require approval by any operating 
                administration or secretarial office within the 
                Department of Transportation.
                  (B) Considerations.--In determining whether a 
                project is a project under subparagraph (A), 
                the Secretary shall take into account, if 
                known, any sources of Federal funding or 
                financing identified by the project sponsor, 
                including any discretionary grant, loan, and 
                loan guarantee programs administered by the 
                Department of Transportation.
          (7) Project sponsor.--The term ``project sponsor'' 
        means the agency or other entity, including any private 
        or public-private entity, that seeks approval of the 
        Secretary for a project.
          (8) State transportation department.--The term 
        ``State transportation department'' means any statewide 
        agency of a State with responsibility for one or more 
        modes of transportation.
  (b) Applicability.--
          (1) In general.--The project development procedures 
        in this section are applicable to all projects for 
        which an environmental impact statement is prepared 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and may be applied, to the extent 
        determined appropriate by the Secretary, to other 
        projects for which an environmental document is 
        prepared pursuant to such Act.
          (2) Flexibility.--Any authorities granted in this 
        section may be exercised, and any requirements 
        established under this section may be satisfied, for a 
        project, class of projects, or program of projects.
          (3) Programmatic compliance.--
                  (A) In general.--The Secretary shall allow 
                for the use of programmatic approaches to 
                conduct environmental reviews that--
                          (i) eliminate repetitive discussions 
                        of the same issues;
                          (ii) focus on the actual issues ripe 
                        for analyses at each level of review; 
                        and
                          (iii) are consistent with--
                                  (I) the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.); 
                                and
                                  (II) other applicable laws.
                  (B) Requirements.--In carrying out 
                subparagraph (A), the Secretary shall ensure 
                that programmatic reviews--
                          (i) promote transparency, including 
                        the transparency of--
                                  (I) the analyses and data 
                                used in the environmental 
                                reviews;
                                  (II) the treatment of any 
                                deferred issues raised by 
                                agencies or the public; and
                                  (III) the temporal and 
                                spatial scales to be used to 
                                analyze issues under subclauses 
                                (I) and (II);
                          (ii) use accurate and timely 
                        information, including through 
                        establishment of--
                                  (I) criteria for determining 
                                the general duration of the 
                                usefulness of the review; and
                                  (II) a timeline for updating 
                                an out-of-date review;
                          (iii) describe--
                                  (I) the relationship between 
                                any programmatic analysis and 
                                future tiered analysis; and
                                  (II) the role of the public 
                                in the creation of future 
                                tiered analysis;
                          (iv) are available to other relevant 
                        Federal and State agencies, Indian 
                        tribes, and the public; and
                          (v) provide notice and public comment 
                        opportunities consistent with 
                        applicable requirements.
  (c) Lead Agencies.--
          (1) Federal lead agency.--
                  (A) In general.--The Department of 
                Transportation, or an operating administration 
                thereof designated by the Secretary, shall be 
                the Federal lead agency in the environmental 
                review process for a project.
                  (B) Modal administration.--If the project 
                requires approval from more than 1 modal 
                administration within the Department, the 
                Secretary may designate a single modal 
                administration to serve as the Federal lead 
                agency for the Department in the environmental 
                review process for the project.
          (2) Joint lead agencies.--Nothing in this section 
        precludes another agency from being a joint lead agency 
        in accordance with regulations under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
          (3) Project sponsor as joint lead agency.--Any 
        project sponsor that is a State or local governmental 
        entity receiving funds under this title or chapter 53 
        of title 49 for the project shall serve as a joint lead 
        agency with the Department for purposes of preparing 
        any environmental document under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) and may prepare any such environmental document 
        required in support of any action or approval by the 
        Secretary if the Federal lead agency furnishes guidance 
        in such preparation and independently evaluates such 
        document and the document is approved and adopted by 
        the Secretary prior to the Secretary taking any 
        subsequent action or making any approval based on such 
        document, whether or not the Secretary's action or 
        approval results in Federal funding.
          (4) Ensuring compliance.--The Secretary shall ensure 
        that the project sponsor complies with all design and 
        mitigation commitments made jointly by the Secretary 
        and the project sponsor in any environmental document 
        prepared by the project sponsor in accordance with this 
        subsection and that such document is appropriately 
        supplemented if project changes become necessary.
          (5) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection 
        may be adopted or used by any Federal agency making any 
        approval to the same extent that such Federal agency 
        could adopt or use a document prepared by another 
        Federal agency.
          (6) Roles and responsibility of lead agency.--With 
        respect to the environmental review process for any 
        project, the lead agency shall have authority and 
        responsibility--
                  (A) to take such actions as are necessary and 
                proper, within the authority of the lead 
                agency, to facilitate the expeditious 
                resolution of the environmental review process 
                for the project;
                  (B) to prepare or ensure that any required 
                environmental impact statement or other 
                document required to be completed under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) is completed in accordance 
                with this section and applicable Federal law; 
                and
                  (C) to consider and respond to comments 
                received from participating agencies on matters 
                within the special expertise or jurisdiction of 
                those agencies.
  (d) Participating Agencies.--
          (1) In general.--The lead agency shall be responsible 
        for inviting and designating participating agencies in 
        accordance with this subsection.
          (2) Invitation.--Not later than 45 days after the 
        date of publication of a notice of intent to prepare an 
        environmental impact statement or the initiation of an 
        environmental assessment, the lead agency shall 
        identify any other Federal and non-Federal agencies 
        that may have an interest in the project, and shall 
        invite such agencies to become participating agencies 
        in the environmental review process for the project. 
        The invitation shall set a deadline for responses to be 
        submitted. The deadline may be extended by the lead 
        agency for good cause.
          (3) Federal participating agencies.--Any Federal 
        agency that is invited by the lead agency to 
        participate in the environmental review process for a 
        project shall be designated as a participating agency 
        by the lead agency unless the invited agency informs 
        the lead agency, in writing, by the deadline specified 
        in the invitation that the invited agency--
                  (A) has no jurisdiction or authority with 
                respect to the project;
                  (B) has no expertise or information relevant 
                to the project; and
                  (C) does not intend to submit comments on the 
                project.
          (4) Effect of designation.--
                  (A) Requirement.--A participating agency 
                shall comply with the requirements of this 
                section.
                  (B) Implication.--Designation as a 
                participating agency under this subsection 
                shall not imply that the participating agency--
                          (i) supports a proposed project; or
                          (ii) has any jurisdiction over, or 
                        special expertise with respect to 
                        evaluation of, the project.
          (5) Cooperating agency.--A participating agency may 
        also be designated by a lead agency as a ``cooperating 
        agency'' under the regulations contained in part 1500 
        of title 40, Code of Federal Regulations.
          (6) Designations for categories of projects.--The 
        Secretary may exercise the authorities granted under 
        this subsection for a project, class of projects, or 
        program of projects.
          (7) Concurrent reviews.--Each participating agency 
        and cooperating agency shall--
                  (A) carry out the obligations of that agency 
                under other applicable law concurrently, and in 
                conjunction, with the review required under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.), unless doing so would 
                impair the ability of the Federal agency to 
                conduct needed analysis or otherwise carry out 
                those obligations; and
                  (B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the 
                agency to ensure completion of the 
                environmental review process in a timely, 
                coordinated, and environmentally responsible 
                manner.
          (8) Single nepa document.--
                  (A) In general.--Except as inconsistent with 
                paragraph (7), to the maximum extent 
                practicable and consistent with Federal law, 
                all Federal permits and reviews for a project 
                shall rely on a single environment document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
                under the leadership of the lead agency.
                  (B) Use of document.--
                          (i) In general.--To the maximum 
                        extent practicable, the lead agency 
                        shall develop an environmental document 
                        sufficient to satisfy the requirements 
                        for any Federal approval or other 
                        Federal action required for the 
                        project, including permits issued by 
                        other Federal agencies.
                          (ii) Cooperation of participating 
                        agencies.--Other participating agencies 
                        shall cooperate with the lead agency 
                        and provide timely information to help 
                        the lead agency carry out this 
                        subparagraph.
                  (C) Treatment as participating and 
                cooperating agencies.--A Federal agency 
                required to make an approval or take an action 
                for a project, as described in subparagraph 
                (B), shall work with the lead agency for the 
                project to ensure that the agency making the 
                approval or taking the action is treated as 
                being both a participating and cooperating 
                agency for the project.
          (9) Participating agency responsibilities.--An agency 
        participating in the environmental review process under 
        this section shall--
                  (A) provide comments, responses, studies, or 
                methodologies on those areas within the special 
                expertise or jurisdiction of the agency; and
                  (B) use the process to address any 
                environmental issues of concern to the agency.
  (e) Project Initiation.--
          (1) In general.--The project sponsor shall notify the 
        Secretary of the type of work, termini, length and 
        general location of the proposed project (including any 
        additional information that the project sponsor 
        considers to be important to initiate the process for 
        the proposed project), together with a statement of any 
        Federal approvals anticipated to be necessary for the 
        proposed project, for the purpose of informing the 
        Secretary that the environmental review process should 
        be initiated.
          (2) Submission of documents.--The project sponsor may 
        satisfy the requirement under paragraph (1) by 
        submitting to the Secretary any relevant documents 
        containing the information described in that paragraph, 
        including a draft notice for publication in the Federal 
        Register announcing the preparation of an environmental 
        review for the project.
          (3) Review of application.--Not later than 45 days 
        after the date on which the Secretary receives 
        notification under paragraph (1), the Secretary shall 
        provide to the project sponsor a written response that, 
        as applicable--
                  (A) describes the determination of the 
                Secretary--
                          (i) to initiate the environmental 
                        review process, including a timeline 
                        and an expected date for the 
                        publication in the Federal Register of 
                        the relevant notice of intent; or
                          (ii) to decline the application, 
                        including an explanation of the reasons 
                        for that decision; or
                  (B) requests additional information, and 
                provides to the project sponsor an accounting 
                regarding what documentation is necessary to 
                initiate the environmental review process.
          (4) Request to designate a lead agency.--
                  (A) In general.--Any project sponsor may 
                submit to the Secretary a request to designate 
                the operating administration or secretarial 
                office within the Department of Transportation 
                with the expertise on the proposed project to 
                serve as the Federal lead agency for the 
                project.
                  (B) Secretarial action.--
                          (i) In general.--If the Secretary 
                        receives a request under subparagraph 
                        (A), the Secretary shall respond to the 
                        request not later than 45 days after 
                        the date of receipt.
                          (ii) Requirements.--The response 
                        under clause (i) shall--
                                  (I) approve the request;
                                  (II) deny the request, with 
                                an explanation of the reasons 
                                for the denial; or
                                  (III) require the submission 
                                of additional information.
                          (iii) Additional information.--If 
                        additional information is submitted in 
                        accordance with clause (ii)(III), the 
                        Secretary shall respond to the 
                        submission not later than 45 days after 
                        the date of receipt.
          (5) Environmental checklist.--
                  (A) Development.--The lead agency for a 
                project, in consultation with participating 
                agencies, shall develop, as appropriate, a 
                checklist to help project sponsors identify 
                potential natural, cultural, and historic 
                resources in the area of the project.
                  (B) Purpose.--The purposes of the checklist 
                are--
                          (i) to identify agencies and 
                        organizations that can provide 
                        information about natural, cultural, 
                        and historic resources;
                          (ii) to develop the information 
                        needed to determine the range of 
                        alternatives; and
                          (iii) to improve interagency 
                        collaboration to help expedite the 
                        permitting process for the lead agency 
                        and participating agencies.
  (f) Purpose and Need; Alternatives Analysis.--
          (1) Participation.--As early as practicable during 
        the environmental review process, the lead agency shall 
        provide an opportunity for involvement by participating 
        agencies and the public in defining the purpose and 
        need for a project.
          (2) Definition.--Following participation under 
        paragraph (1), the lead agency shall define the 
        project's purpose and need for purposes of any document 
        which the lead agency is responsible for preparing for 
        the project.
          (3) Objectives.--The statement of purpose and need 
        shall include a clear statement of the objectives that 
        the proposed action is intended to achieve, which may 
        include--
                  (A) achieving a transportation objective 
                identified in an applicable statewide or 
                metropolitan transportation plan;
                  (B) supporting land use, economic 
                development, or growth objectives established 
                in applicable Federal, State, local, or tribal 
                plans; and
                  (C) serving national defense, national 
                security, or other national objectives, as 
                established in Federal laws, plans, or 
                policies.
          (4) Alternatives analysis.--
                  (A) Participation.--
                          (i) In general.--As early as 
                        practicable during the environmental 
                        review process, the lead agency shall 
                        provide an opportunity for involvement 
                        by participating agencies and the 
                        public in determining the range of 
                        alternatives to be considered for a 
                        project.
                          (ii) Comments of participating 
                        agencies.--To the maximum extent 
                        practicable and consistent with 
                        applicable law, each participating 
                        agency receiving an opportunity for 
                        involvement under clause (i) shall 
                        limit the comments of the agency to 
                        subject matter areas within the special 
                        expertise or jurisdiction of the 
                        agency.
                          (iii) Effect of nonparticipation.--A 
                        participating agency that declines to 
                        participate in the development of the 
                        purpose and need and range of 
                        alternatives for a project shall be 
                        required to comply with the schedule 
                        developed under subsection (g)(1)(B).
                  (B) Range of alternatives.--
                          (i) Determination.--Following 
                        participation under subparagraph (A), 
                        the lead agency shall determine the 
                        range of alternatives for consideration 
                        in any document which the lead agency 
                        is responsible for preparing for the 
                        project.
                          (ii) Use.--To the maximum extent 
                        practicable and consistent with Federal 
                        law, the range of alternatives 
                        determined for a project under clause 
                        (i) shall be used for all Federal 
                        environmental reviews and permit 
                        processes required for the project 
                        unless the alternatives must be 
                        modified--
                                  (I) to address significant 
                                new information or 
                                circumstances, and the lead 
                                agency and participating 
                                agencies agree that the 
                                alternatives must be modified 
                                to address the new information 
                                or circumstances; or
                                  (II) for the lead agency or a 
                                participating agency to fulfill 
                                the responsibilities of the 
                                agency under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) 
                                in a timely manner.
                  (C) Methodologies.--The lead agency also 
                shall determine, in collaboration with 
                participating agencies at appropriate times 
                during the study process, the methodologies to 
                be used and the level of detail required in the 
                analysis of each alternative for a project.
                  (D) Preferred alternative.--At the discretion 
                of the lead agency, the preferred alternative 
                for a project, after being identified, may be 
                developed to a higher level of detail than 
                other alternatives in order to facilitate the 
                development of mitigation measures or 
                concurrent compliance with other applicable 
                laws if the lead agency determines that the 
                development of such higher level of detail will 
                not prevent the lead agency from making an 
                impartial decision as to whether to accept 
                another alternative which is being considered 
                in the environmental review process.
                  (E) Reduction of duplication.--
                          (i) In general.--In carrying out this 
                        paragraph, the lead agency shall reduce 
                        duplication, to the maximum extent 
                        practicable, between--
                                  (I) the evaluation of 
                                alternatives under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.); 
                                and
                                  (II) the evaluation of 
                                alternatives in the 
                                metropolitan transportation 
                                planning process under section 
                                134 or an environmental review 
                                process carried out under State 
                                law (referred to in this 
                                subparagraph as a ``State 
                                environmental review 
                                process'').
                          (ii) Consideration of alternatives.--
                        The lead agency may eliminate from 
                        detailed consideration an alternative 
                        proposed in an environmental impact 
                        statement regarding a project if, as 
                        determined by the lead agency--
                                  (I) the alternative was 
                                considered in a metropolitan 
                                planning process or a State 
                                environmental review process by 
                                a metropolitan planning 
                                organization or a State or 
                                local transportation agency, as 
                                applicable;
                                  (II) the lead agency provided 
                                guidance to the metropolitan 
                                planning organization or State 
                                or local transportation agency, 
                                as applicable, regarding 
                                analysis of alternatives in the 
                                metropolitan planning process 
                                or State environmental review 
                                process, including guidance on 
                                the requirements of the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et 
                                seq.) and any other Federal law 
                                necessary for approval of the 
                                project;
                                  (III) the applicable 
                                metropolitan planning process 
                                or State environmental review 
                                process included an opportunity 
                                for public review and comment;
                                  (IV) the applicable 
                                metropolitan planning 
                                organization or State or local 
                                transportation agency rejected 
                                the alternative after 
                                considering public comments;
                                  (V) the Federal lead agency 
                                independently reviewed the 
                                alternative evaluation approved 
                                by the applicable metropolitan 
                                planning organization or State 
                                or local transportation agency; 
                                and
                                  (VI) the Federal lead agency 
                                determined--
                                          (aa) in consultation 
                                        with Federal 
                                        participating or 
                                        cooperating agencies, 
                                        that the alternative to 
                                        be eliminated from 
                                        consideration is not 
                                        necessary for 
                                        compliance with the 
                                        National Environmental 
                                        Policy Act of 1969 (42 
                                        U.S.C. 4321 et seq.); 
                                        or
                                          (bb) with the 
                                        concurrence of Federal 
                                        agencies with 
                                        jurisdiction over a 
                                        permit or approval 
                                        required for a project, 
                                        that the alternative to 
                                        be eliminated from 
                                        consideration is not 
                                        necessary for any 
                                        permit or approval 
                                        under any other Federal 
                                        law.
  (g) Coordination and Scheduling.--
          (1) Coordination plan.--
                  (A) In general.--Not later than 90 days after 
                the date of publication of a notice of intent 
                to prepare an environmental impact statement or 
                the initiation of an environmental assessment, 
                the lead agency shall establish a plan for 
                coordinating public and agency participation in 
                and comment on the environmental review process 
                for a project or category of projects. The 
                coordination plan may be incorporated into a 
                memorandum of understanding.
                  (B) Schedule.--
                          (i) In general.--The lead agency 
                        shall establish as part of such 
                        coordination plan, after consultation 
                        with and the concurrence of each 
                        participating agency for the project 
                        and with the State in which the project 
                        is located (and, if the State is not 
                        the project sponsor, with the project 
                        sponsor), a schedule for completion of 
                        the environmental review process for 
                        the project.
                          (ii) Factors for consideration.--In 
                        establishing the schedule, the lead 
                        agency shall consider factors such as--
                                  (I) the responsibilities of 
                                participating agencies under 
                                applicable laws;
                                  (II) resources available to 
                                the cooperating agencies;
                                  (III) overall size and 
                                complexity of the project;
                                  (IV) the overall schedule for 
                                and cost of the project; and
                                  (V) the sensitivity of the 
                                natural and historic resources 
                                that could be affected by the 
                                project.
                  (C) Consistency with other time periods.--A 
                schedule under subparagraph (B) shall be 
                consistent with any other relevant time periods 
                established under Federal law.
                  (D) Modification.--The lead agency may--
                          (i) lengthen a schedule established 
                        under subparagraph (B) for good cause; 
                        and
                          (ii) shorten a schedule only with the 
                        concurrence of the affected cooperating 
                        agencies.
                  (E) Dissemination.--A copy of a schedule 
                under subparagraph (B), and of any 
                modifications to the schedule, shall be--
                          (i) provided to all participating 
                        agencies and to the State 
                        transportation department of the State 
                        in which the project is located (and, 
                        if the State is not the project 
                        sponsor, to the project sponsor); and
                          (ii) made available to the public.
          (2) Comment deadlines.--The lead agency shall 
        establish the following deadlines for comment during 
        the environmental review process for a project:
                  (A) For comments by agencies and the public 
                on a draft environmental impact statement, a 
                period of not more than 60 days after 
                publication in the Federal Register of notice 
                of the date of public availability of such 
                document, unless--
                          (i) a different deadline is 
                        established by agreement of the lead 
                        agency, the project sponsor, and all 
                        participating agencies; or
                          (ii) the deadline is extended by the 
                        lead agency for good cause.
                  (B) For all other comment periods established 
                by the lead agency for agency or public 
                comments in the environmental review process, a 
                period of no more than 30 days from 
                availability of the materials on which comment 
                is requested, unless--
                          (i) a different deadline is 
                        established by agreement of the lead 
                        agency, the project sponsor, and all 
                        participating agencies; or
                          (ii) the deadline is extended by the 
                        lead agency for good cause.
          (3) Deadlines for decisions under other laws.--In any 
        case in which a decision under any Federal law relating 
        to a project (including the issuance or denial of a 
        permit or license) is required to be made by the later 
        of the date that is 180 days after the date on which 
        the Secretary made all final decisions of the lead 
        agency with respect to the project, or 180 days after 
        the date on which an application was submitted for the 
        permit or license, 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 and publish on the 
        Internet--
                  (A) as soon as practicable after the 180-day 
                period, an initial notice of the failure of the 
                Federal agency to make the decision; and
                  (B) every 60 days thereafter until such date 
                as all decisions of the Federal agency relating 
                to the project have been made by the Federal 
                agency, an additional notice that describes the 
                number of decisions of the Federal agency that 
                remain outstanding as of the date of the 
                additional notice.
          (4) Involvement of the public.--Nothing in this 
        subsection shall reduce any time period provided for 
        public comment in the environmental review process 
        under existing Federal law, including a regulation.
  (h) Issue Identification and Resolution.--
          (1) Cooperation.--The lead agency and the 
        participating agencies shall work cooperatively in 
        accordance with this section to identify and resolve 
        issues that could delay completion of the environmental 
        review process or could result in denial of any 
        approvals required for the project under applicable 
        laws.
          (2) Lead agency responsibilities.--The lead agency 
        shall make information available to the participating 
        agencies as early as practicable in the environmental 
        review process regarding the environmental and 
        socioeconomic resources located within the project area 
        and the general locations of the alternatives under 
        consideration. Such information may be based on 
        existing data sources, including geographic information 
        systems mapping.
          (3) Participating agency responsibilities.--Based on 
        information received from the lead agency, 
        participating agencies shall identify, as early as 
        practicable, any issues of concern regarding the 
        project's potential environmental or socioeconomic 
        impacts. In this paragraph, issues of concern include 
        any issues that could substantially delay or prevent an 
        agency from granting a permit or other approval that is 
        needed for the project.
          (4) Issue resolution.--Any issue resolved by the lead 
        agency with the concurrence of participating agencies 
        may not be reconsidered unless significant new 
        information or circumstances arise.
          (5) Interim decision on achieving accelerated 
        decisionmaking.--
                  (A) In general.--Not later than 30 days after 
                the close of the public comment period on a 
                draft environmental impact statement, the 
                Secretary may convene a meeting with the 
                project sponsor, lead agency, resource 
                agencies, and any relevant State agencies to 
                ensure that all parties are on schedule to meet 
                deadlines for decisions to be made regarding 
                the project.
                  (B) Deadlines.--The deadlines referred to in 
                subparagraph (A) shall be those established 
                under subsection (g), or any other deadlines 
                established by the lead agency, in consultation 
                with the project sponsor and other relevant 
                agencies.
                  (C) Failure to assure.--If the relevant 
                agencies cannot provide reasonable assurances 
                that the deadlines described in subparagraph 
                (B) will be met, the Secretary may initiate the 
                issue resolution and referral process described 
                under paragraph (6) before the completion of 
                the record of decision.
          (6) Accelerated issue resolution and referral.--
                  (A) Agency issue resolution meeting.--
                          (i) In general.--A Federal agency of 
                        jurisdiction, project sponsor, or the 
                        Governor of a State in which a project 
                        is located may request an issue 
                        resolution meeting to be conducted by 
                        the lead agency.
                          (ii) Action by lead agency.--The lead 
                        agency shall convene an issue 
                        resolution meeting under clause (i) 
                        with the relevant participating 
                        agencies and the project sponsor, 
                        including the Governor only if the 
                        meeting was requested by the Governor, 
                        to resolve issues that could--
                                  (I) delay completion of the 
                                environmental review process; 
                                or
                                  (II) result in denial of any 
                                approvals required for the 
                                project under applicable laws.
                          (iii) Date.--A meeting requested 
                        under this subparagraph shall be held 
                        by not later than 21 days after the 
                        date of receipt of the request for the 
                        meeting, unless the lead agency 
                        determines that there is good cause to 
                        extend the time for the meeting.
                          (iv) Notification.--On receipt of a 
                        request for a meeting under this 
                        subparagraph, the lead agency shall 
                        notify all relevant participating 
                        agencies of the request, including the 
                        issue to be resolved, and the date for 
                        the meeting.
                          (v) Disputes.--If a relevant 
                        participating agency with jurisdiction 
                        over an approval required for a project 
                        under applicable law determines that 
                        the relevant information necessary to 
                        resolve the issue has not been obtained 
                        and could not have been obtained within 
                        a reasonable time, but the lead agency 
                        disagrees, the resolution of the 
                        dispute shall be forwarded to the heads 
                        of the relevant agencies for 
                        resolution.
                          (vi) Convention by lead agency.--A 
                        lead agency may convene an issue 
                        resolution meeting under this 
                        subsection at any time without the 
                        request of the Federal agency of 
                        jurisdiction, project sponsor, or the 
                        Governor of a State.
                  (B) Elevation of issue resolution.--
                          (i) In general.--If issue resolution 
                        is not achieved by not later than 30 
                        days after the date of a relevant 
                        meeting under subparagraph (A), the 
                        Secretary shall notify the lead agency, 
                        the heads of the relevant participating 
                        agencies, and the project sponsor 
                        (including the Governor only if the 
                        initial issue resolution meeting 
                        request came from the Governor) that an 
                        issue resolution meeting will be 
                        convened.
                          (ii) Requirements.--The Secretary 
                        shall identify the issues to be 
                        addressed at the meeting and convene 
                        the meeting not later than 30 days 
                        after the date of issuance of the 
                        notice.
                  (C) Referral of issue resolution.--
                          (i) Referral to council on 
                        environmental quality.--
                                  (I) In general.--If 
                                resolution is not achieved by 
                                not later than 30 days after 
                                the date of an issue resolution 
                                meeting under subparagraph (B), 
                                the Secretary shall refer the 
                                matter to the Council on 
                                Environmental Quality.
                                  (II) Meeting.--Not later than 
                                30 days after the date of 
                                receipt of a referral from the 
                                Secretary under subclause (I), 
                                the Council on Environmental 
                                Quality shall hold an issue 
                                resolution meeting with the 
                                lead agency, the heads of 
                                relevant participating 
                                agencies, and the project 
                                sponsor (including the Governor 
                                only if an initial request for 
                                an issue resolution meeting 
                                came from the Governor).
                          (ii) Referral to the president.--If a 
                        resolution is not achieved by not later 
                        than 30 days after the date of the 
                        meeting convened by the Council on 
                        Environmental Quality under clause 
                        (i)(II), the Secretary shall refer the 
                        matter directly to the President.
          (7) Financial penalty provisions.--
                  (A) In general.--A Federal agency of 
                jurisdiction over an approval required for a 
                project under applicable laws shall complete 
                any required approval on an expeditious basis 
                using the shortest existing applicable process.
                  (B) Failure to decide.--
                          (i) In general.--If an agency 
                        described in subparagraph (A) fails to 
                        render a decision under any Federal law 
                        relating to a project that requires the 
                        preparation of an environmental impact 
                        statement or environmental assessment, 
                        including the issuance or denial of a 
                        permit, license, or other approval by 
                        the date described in clause (ii), an 
                        amount of funding equal to the amounts 
                        specified in subclause (I) or (II) 
                        shall be rescinded from the applicable 
                        office of the head of the agency, or 
                        equivalent office to which the 
                        authority for rendering the decision 
                        has been delegated by law by not later 
                        than 1 day after the applicable date 
                        under clause (ii), and once each week 
                        thereafter until a final decision is 
                        rendered, subject to subparagraph (C)--
                                  (I) $20,000 for any project 
                                for which an annual financial 
                                plan is required under 
                                subsection (h) or (i) of 
                                section 106; or
                                  (II) $10,000 for any other 
                                project requiring preparation 
                                of an environmental assessment 
                                or environmental impact 
                                statement.
                          (ii) Description of date.--The date 
                        referred to in clause (i) is--
                                  (I) the date that is 30 days 
                                after the date for rendering a 
                                decision as described in the 
                                project schedule established 
                                pursuant to subsection 
                                (g)(1)(B);
                                  (II) if no schedule exists, 
                                the later of--
                                          (aa) the date that is 
                                        180 days after the date 
                                        on which an application 
                                        for the permit, 
                                        license, or approval is 
                                        complete; and
                                          (bb) the date that is 
                                        180 days after the date 
                                        on which the Federal 
                                        lead agency issues a 
                                        decision on the project 
                                        under the National 
                                        Environmental Policy 
                                        Act of 1969 (42 U.S.C. 
                                        4321 et seq.); or
                                  (III) a modified date in 
                                accordance with subsection 
                                (g)(1)(D).
                  (C) Limitations.--
                          (i) In general.--No rescission of 
                        funds under subparagraph (B) relating 
                        to an individual project shall exceed, 
                        in any fiscal year, an amount equal to 
                        2.5 percent of the funds made available 
                        for the applicable agency office.
                          (ii) Failure to decide.--The total 
                        amount rescinded in a fiscal year as a 
                        result of a failure by an agency to 
                        make a decision by an applicable 
                        deadline shall not exceed an amount 
                        equal to 7 percent of the funds made 
                        available for the applicable agency 
                        office for that fiscal year.
                  (D) No fault of agency.--A rescission of 
                funds under this paragraph shall not be made if 
                the lead agency for the project certifies 
                that--
                          (i) the agency has not received 
                        necessary information or approvals from 
                        another entity, such as the project 
                        sponsor, in a manner that affects the 
                        ability of the agency to meet any 
                        requirements under State, local, or 
                        Federal law; or
                          (ii) significant new information or 
                        circumstances, including a major 
                        modification to an aspect of the 
                        project, requires additional analysis 
                        for the agency to make a decision on 
                        the project application.
                  (E) Limitation.--The Federal agency with 
                jurisdiction for the decision from which funds 
                are rescinded pursuant to this paragraph shall 
                not reprogram funds to the office of the head 
                of the agency, or equivalent office, to 
                reimburse that office for the loss of the 
                funds.
                  (F) Audits.--In any fiscal year in which any 
                funds are rescinded from a Federal agency 
                pursuant to this paragraph, the Inspector 
                General of that agency shall--
                          (i) conduct an audit to assess 
                        compliance with the requirements of 
                        this paragraph; and
                          (ii) not later than 120 days after 
                        the end of the fiscal year during which 
                        the rescission occurred, submit to the 
                        Committee on Environment and Public 
                        Works of the Senate and the Committee 
                        on Transportation and Infrastructure of 
                        the House of Representatives a report 
                        describing the reasons why the 
                        transfers were levied, including 
                        allocations of resources.
                  (G) Effect of paragraph.--Nothing in this 
                paragraph affects or limits the application of, 
                or obligation to comply with, any Federal, 
                State, local, or tribal law.
          (8) Expedient decisions and reviews.--To ensure that 
        Federal environmental decisions and reviews are 
        expeditiously made--
                  (A) adequate resources made available under 
                this title shall be devoted to ensuring that 
                applicable environmental reviews under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) are completed on an 
                expeditious basis and that the shortest 
                existing applicable process under that Act is 
                implemented; and
                  (B) the President 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, not less frequently than once every 
                120 days after the date of enactment of the 
                MAP-21, a report on the status and progress of 
                the following projects and activities funded 
                under this title with respect to compliance 
                with applicable requirements under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.):
                          (i) Projects and activities required 
                        to prepare an annual financial plan 
                        under section 106(i).
                          (ii) A sample of not less than 5 
                        percent of the projects requiring 
                        preparation of an environmental impact 
                        statement or environmental assessment 
                        in each State.
  (i) Performance Measurement.--The Secretary shall establish a 
program to measure and report on progress toward improving and 
expediting the planning and environmental review process.
  (j) Assistance to Affected State and Federal Agencies.--
          (1) In general.--
                  (A) Authority to provide funds.--The 
                Secretary may allow a public entity receiving 
                financial assistance from the Department of 
                Transportation under this title or chapter 53 
                of title 49 to provide funds to Federal 
                agencies (including the Department), State 
                agencies, and Indian tribes participating in 
                the environmental review process for the 
                project or program.
                  (B) Use of funds.--Funds referred to in 
                subparagraph (A) may be provided only to 
                support activities that directly and 
                meaningfully contribute to expediting and 
                improving permitting and review processes, 
                including planning, approval, and consultation 
                processes for the project or program.
          (2) Activities eligible for funding.--Activities for 
        which funds may be provided under paragraph (1) include 
        transportation planning activities that precede the 
        initiation of the environmental review process, 
        activities directly related to the environmental review 
        process, dedicated staffing, training of agency 
        personnel, information gathering and mapping, and 
        development of programmatic agreements.
          (3) Use of federal lands highway funds.--The 
        Secretary may also use funds made available under 
        section 204 for a project for the purposes specified in 
        this subsection with respect to the environmental 
        review process for the project.
          (4) Amounts.--Requests under paragraph (1) may be 
        approved only for the additional amounts that the 
        Secretary determines are necessary for the Federal 
        agencies, State agencies, or Indian tribes 
        participating in the environmental review process to 
        meet the time limits for environmental review.
          (5) Condition.--A request under paragraph (1) to 
        expedite time limits for environmental review may be 
        approved only if such time limits are less than the 
        customary time necessary for such review.
          (6) Agreement.--Prior to providing funds approved by 
        the Secretary for dedicated staffing at an affected 
        agency under paragraphs (1) and (2), the affected 
        agency and the requesting public entity shall enter 
        into an agreement that establishes the projects and 
        priorities to be addressed by the use of the funds.
  (k) Judicial Review and Savings Clause.--
          (1) Judicial review.--Except as set forth under 
        subsection (l), nothing in this section shall affect 
        the reviewability of any final Federal agency action in 
        a court of the United States or in the court of any 
        State.
          (2) Savings clause.--Nothing in this section shall be 
        construed as superseding, amending, or modifying the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) or any other Federal environmental 
        statute or affect the responsibility of any Federal 
        officer to comply with or enforce any such statute.
          (3) Limitations.--Nothing in this section shall 
        preempt or interfere with--
                  (A) any practice of seeking, considering, or 
                responding to public comment; or
                  (B) any power, jurisdiction, responsibility, 
                or authority that a Federal, State, or local 
                government agency, metropolitan planning 
                organization, Indian tribe, or project sponsor 
                has with respect to carrying out a project or 
                any other provisions of law applicable to 
                projects, plans, or programs.
  (l) Limitations on Claims.--
          (1) In general.--Notwithstanding any other provision 
        of law, a claim arising under Federal law seeking 
        judicial review of a permit, license, or approval 
        issued by a Federal agency for a highway or public 
        transportation capital project shall be barred unless 
        it is filed within 150 days after publication of a 
        notice in the Federal Register announcing that the 
        permit, license, or approval is final pursuant to the 
        law under which the agency action is taken, unless a 
        shorter time is specified in the Federal law pursuant 
        to which judicial review is allowed. Nothing in this 
        subsection shall create a right to judicial review or 
        place any limit on filing a claim that a person has 
        violated the terms of a permit, license, or approval.
          (2) New information.--The Secretary shall consider 
        new information received after the close of a comment 
        period if the information satisfies the requirements 
        for a supplemental environmental impact statement under 
        section 771.130 of title 23, Code of Federal 
        Regulations. The preparation of a supplemental 
        environmental impact statement when required shall be 
        considered a separate final agency action and the 
        deadline for filing a claim for judicial review of such 
        action shall be 150 days after the date of publication 
        of a notice in the Federal Register announcing such 
        action.
  (m) Enhanced Technical Assistance and Accelerated Project 
Completion.--
          (1) Definition of covered project.--In this 
        subsection, the term ``covered project'' means a 
        project--
                  (A) that has an ongoing environmental impact 
                statement under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
                and
                  (B) for which at least 2 years, beginning on 
                the date on which a notice of intent is issued, 
                have elapsed without the issuance of a record 
                of decision.
          (2) Technical assistance.--At the request of a 
        project sponsor or the Governor of a State in which a 
        project is located, the Secretary shall provide 
        additional technical assistance to resolve for a 
        covered project any outstanding issues and project 
        delay, including by--
                  (A) providing additional staff, training, and 
                expertise;
                  (B) facilitating interagency coordination;
                  (C) promoting more efficient collaboration; 
                and
                  (D) supplying specialized onsite assistance.
          (3) Scope of work.--
                  (A) In general.--In providing technical 
                assistance for a covered project under this 
                subsection, the Secretary shall establish a 
                scope of work that describes the actions that 
                the Secretary will take to resolve the 
                outstanding issues and project delays, 
                including establishing a schedule under 
                subparagraph (B).
                  (B) Schedule.--
                          (i) In general.--The Secretary shall 
                        establish and meet a schedule for the 
                        completion of any permit, approval, 
                        review, or study, required for the 
                        covered project by the date that is not 
                        later than 4 years after the date on 
                        which a notice of intent for the 
                        covered project is issued.
                          (ii) Inclusions.--The schedule under 
                        clause (i) shall--
                                  (I) comply with all 
                                applicable laws;
                                  (II) require the concurrence 
                                of the Council on Environmental 
                                Quality and each participating 
                                agency for the project with the 
                                State in which the project is 
                                located or the project sponsor, 
                                as applicable; and
                                  (III) reflect any new 
                                information that becomes 
                                available and any changes in 
                                circumstances that may result 
                                in new significant impacts that 
                                could affect the timeline for 
                                completion of any permit, 
                                approval, review, or study 
                                required for the covered 
                                project.
          (4) Consultation.--In providing technical assistance 
        for a covered project under this subsection, the 
        Secretary shall consult, if appropriate, with resource 
        and participating agencies on all methods available to 
        resolve the outstanding issues and project delays for a 
        covered project as expeditiously as possible.
          (5) Enforcement.--
                  (A) In general.--All provisions of this 
                section shall apply to this subsection, 
                including the financial penalty provisions 
                under subsection (h)(6).
                  (B) Restriction.--If the Secretary enforces 
                this subsection under subsection (h)(6), the 
                Secretary may use a date included in a schedule 
                under paragraph (3)(B) that is created pursuant 
                to and is in compliance with this subsection in 
                lieu of the dates under subsection 
                (h)(6)(B)(ii).
  (n) Accelerated Decisionmaking in Environmental Reviews.--
          (1) In general.--In preparing a final environmental 
        impact statement under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the 
        lead agency modifies the statement in response to 
        comments that are minor and are confined to factual 
        corrections or explanations of why the comments do not 
        warrant additional agency response, the lead agency may 
        write on errata sheets attached to the statement 
        instead of rewriting the draft statement, subject to 
        the condition that the errata sheets--
                  (A) cite the sources, authorities, and 
                reasons that support the position of the 
                agency; and
                  (B) if appropriate, indicate the 
                circumstances that would trigger agency 
                reappraisal or further response.
          (2) Single document.--To the maximum extent 
        practicable, the lead agency shall expeditiously 
        develop a single document that consists of a final 
        environmental impact statement and a record of 
        decision, unless--
                  (A) the final environmental impact statement 
                makes substantial changes to the proposed 
                action that are relevant to environmental or 
                safety concerns; or
                  (B) there is a significant new circumstance 
                or information relevant to environmental 
                concerns that bears on the proposed action or 
                the impacts of the proposed action.
  (o) Improving Transparency in Environmental Reviews.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this subsection, the Secretary 
        shall--
                  (A) use the searchable Internet website 
                maintained under section 41003(b) of the FAST 
                Act--
                          (i) to make publicly available the 
                        status and progress of projects 
                        requiring an environmental assessment 
                        or an environmental impact statement 
                        with respect to compliance with 
                        applicable requirements of the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.) and any other 
                        Federal, State, or local approval 
                        required for those projects; and
                          (ii) to make publicly available the 
                        names of participating agencies not 
                        participating in the development of a 
                        project purpose and need and range of 
                        alternatives under subsection (f); and
                  (B) issue reporting standards to meet the 
                requirements of subparagraph (A).
          (2) Federal, state, and local agency participation.--
                  (A) Federal agencies.--A Federal agency 
                participating in the environmental review or 
                permitting process for a project shall provide 
                to the Secretary information regarding the 
                status and progress of the approval of the 
                project for publication on the Internet website 
                referred to in paragraph (1)(A), consistent 
                with the standards established under paragraph 
                (1)(B).
                  (B) State and local agencies.--The Secretary 
                shall encourage State and local agencies 
                participating in the environmental review 
                permitting process for a project to provide 
                information regarding the status and progress 
                of the approval of the project for publication 
                on the Internet website referred to in 
                paragraph (1)(A).
          (3) States with delegated authority.--A State with 
        delegated authority for responsibilities under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) pursuant to section 327 shall be 
        responsible for supplying to the Secretary project 
        development and compliance status for all applicable 
        projects.

Sec. 140. Nondiscrimination

  (a) Prior to approving any programs for projects as provided 
for in section 135, the Secretary shall require assurances from 
any State desiring to avail itself of the benefits of this 
chapter that employment in connection with proposed projects 
will be provided without regard to race, color, creed, national 
origin, or sex. The Secretary shall require that each State 
shall include in the advertised specifications, notification of 
the specific equal employment opportunity responsibilities of 
the successful bidder. In approving programs for projects on 
any of the Federal-aid systems, the Secretary, if necessary to 
ensure equal employment opportunity, shall require 
certification by any State desiring to avail itself of the 
benefits of this chapter that there are in existence and 
available on a regional, statewide, or local basis, 
apprenticeship, skill improvement or other upgrading programs, 
registered with the Department of Labor or the appropriate 
State agency, if any, which provide equal opportunity for 
training and employment without regard to race, color, creed, 
national origin, or sex. In implementing such programs, a State 
may reserve training positions for persons who receive welfare 
assistance from such State; except that the implementation of 
any such program shall not cause current employees to be 
displaced or current positions to be supplanted or preclude 
workers that are participating in an apprenticeship, skill 
improvement, or other upgrading program registered with the 
Department of Labor or the appropriate State agency from being 
referred to, or hired on, projects funded under this title 
without regard to the length of time of their participation in 
such program. The Secretary shall periodically obtain from the 
Secretary of Labor and the respective State transportation 
departments information which will enable the Secretary to 
judge compliance with the requirements of this section and the 
Secretary of Labor shall render to the Secretary such 
assistance and information as the Secretary of Transportation 
shall deem necessary to carry out the equal employment 
opportunity program required hereunder.
  [(b) The Secretary, in cooperation with 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. From administrative funds made 
available under section 104(a), the Secretary shall deduct such 
sums as necessary, not to exceed $10,000,000 per fiscal year, 
for the administration of this subsection. Such sums so 
deducted shall remain available until expended. The provisions 
of section 6101(b) to (d) of title 41 shall not be applicable 
to contracts and agreements made under the authority herein 
granted to the Secretary. Notwithstanding any other provision 
of law, not to exceed 1/2 of 1 percent of funds apportioned to 
a State for the surface transportation block grant program 
under section 104(b) may be available to carry out this 
subsection upon request of the State transportation department 
to the Secretary.]
  (b) Workforce Training and Development.--
          (1) In general.--The Secretary, in cooperation with 
        the Secretary of Labor and any other department or 
        agency of the Government, State agency, authority, 
        association, institution, Indian Tribe or Tribal 
        organization, corporation (profit or nonprofit), or any 
        other organization or person, is authorized to develop, 
        conduct, and administer surface transportation and 
        technology training, including skill improvement 
        programs, and to develop and fund summer transportation 
        institutes.
          (2) State responsibilities.--A State department of 
        transportation participating in the program under this 
        subsection shall--
                  (A) develop an annual workforce plan that 
                identifies immediate and anticipated workforce 
                gaps and underrepresentation of women and 
                minorities and a detailed plan to fill such 
                gaps and address such underrepresentation;
                  (B) establish an annual workforce development 
                compact with the State workforce development 
                board and appropriate agencies to provide a 
                coordinated approach to workforce training, job 
                placement, and identification of training and 
                skill development program needs, which shall be 
                coordinated to the extent practical with an 
                institution or agency, such as a State 
                workforce development board under section 101 
                of the Workforce Innovation and Opportunities 
                Act (29 U.S.C. 3111), that has established 
                skills training, recruitment, and placement 
                resources; and
                  (C) demonstrate program outcomes, including--
                          (i) impact on areas with 
                        transportation workforce shortages;
                          (ii) diversity of training 
                        participants;
                          (iii) number and percentage of 
                        participants obtaining certifications 
                        or credentials required for specific 
                        types of employment;
                          (iv) employment outcome, including 
                        job placement and job retention rates 
                        and earnings, using performance metrics 
                        established in consultation with the 
                        Secretary of Labor and consistent with 
                        metrics used by programs under the 
                        Workforce Innovation and Opportunity 
                        Act (29 U.S.C. 3101 et seq.); and
                          (v) to the extent practical, evidence 
                        that the program did not preclude 
                        workers that participate in training or 
                        registered apprenticeship activities 
                        under the program from being referred 
                        to, or hired on, projects funded under 
                        this chapter.
          (3) Funding.--From administrative funds made 
        available under section 104(a), the Secretary shall 
        deduct such sums as necessary, not to exceed 
        $10,000,000 in each fiscal year, for the administration 
        of this subsection. Such sums shall remain available 
        until expended.
          (4) Nonapplicability of title 41.--Subsections (b) 
        through (d) of section 6101 of title 41 shall not apply 
        to contracts and agreements made under the authority 
        granted to the Secretary under this subsection.
          (5) Use of surface transportation program and 
        national highway performance program funds.--
        Notwithstanding any other provision of law, not to 
        exceed 1/2 of 1 percent of funds apportioned to a State 
        under paragraph (1) or (2) of section 104(b) may be 
        available to carry out this subsection upon request of 
        the State transportation department to the Secretary.
  (c) The Secretary, in cooperation with 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 training 
programs and assistance programs in connection with any program 
under this title in order that minority businesses may achieve 
proficiency to compete, on an equal basis, for contracts and 
subcontracts. From administrative funds made available under 
section 104(a), the Secretary shall deduct such sums as 
necessary, not to exceed $10,000,000 per fiscal year, for the 
administration of this subsection. The provisions of section 
6101(b) to (d) of title 41 shall not be applicable to contracts 
and agreements made under the authority herein granted to the 
Secretary notwithstanding the provisions of section 3106 of 
title 41.
  (d) Indian Employment.--Consistent with section 703(i) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)), nothing in 
this section shall preclude the preferential employment of 
Indians living on or near a reservation on projects and 
contracts on Indian reservation roads. States may implement a 
preference for employment of Indians on projects carried out 
under this title near Indian reservations. The Secretary shall 
cooperate with Indian tribal governments and the States to 
implement this subsection.

           *       *       *       *       *       *       *


Sec. 142. Public transportation

  (a)(1) To encourage the development, improvement, and use of 
public mass transportation systems operating buses on Federal-
aid highways for the transportation of passengers, so as to 
increase the traffic capacity of the Federal-aid highways for 
the movement of persons, the Secretary may approve as a project 
on any Federal-aid highway the construction of exclusive or 
preferential high occupancy vehicle lanes, highway traffic 
control devices, bus passenger loading areas and facilities 
(including shelters), and fringe and transportation corridor 
parking facilities, which may include electric vehicle charging 
stations or natural gas vehicle refueling stations, to serve 
high occupancy vehicle and public mass transportation 
passengers, and sums apportioned under section 104(b) of this 
title shall be available to finance the cost of projects under 
this paragraph. If fees are charged for the use of any parking 
facility constructed under this section, the rate thereof shall 
not be in excess of that required for maintenance and operation 
of the facility and the cost of providing shuttle service to 
and from the facility (including compensation to any person for 
operating the facility and for providing such shuttle service).
  (2) In addition to the projects under paragraph (1), the 
Secretary may approve payment from sums apportioned under 
section 104(b)(2) for carrying out any capital transit project 
eligible for assistance under chapter 53 of title 49, capital 
improvement to provide access and coordination between 
intercity and rural bus service, and construction of facilities 
to provide connections between highway transportation and other 
modes of transportation.
  (b) Sums apportioned in accordance with section 104(b)(1) 
shall be available to finance the Federal share of projects for 
exclusive or preferential high occupancy vehicle, truck, and 
emergency vehicle routes or lanes. Routes constructed under 
this subsection shall not be subject to the third sentence of 
section 109(b) of this title.
  (c) Accommodation of Other Modes of Transportation.--The 
Secretary may approve as a project on any Federal-aid highway 
for payment from sums apportioned under section 104(b) 
modifications to existing highways eligible under the program 
that is the source of the funds on such highway necessary to 
accommodate other modes of transportation if such modifications 
will not adversely affect automotive safety.
  (d) Metropolitan Planning.--Any project carried out under 
this section in an urbanized area shall be subject to the 
metropolitan planning requirements of section 134.
  (e)(1) For all purposes of this title, a project authorized 
by subsection (a)(1) of this section shall be deemed to be a 
highway project.
  (2) Projects authorized by subsection (a)(2) shall be subject 
to, and governed in accordance with, all provisions of this 
title applicable to projects on the surface transportation 
[block grant] program, except to the extent determined 
inconsistent by the Secretary.
  (3) The Federal share payable on account of projects 
authorized by subsection (a) of this section shall be that 
provided in section 120 of this title.
  (f) Availability of Rights-of-Way.--In any case where 
sufficient land or air space exists within the publicly 
acquired rights-of-way of any highway, constructed in whole or 
in part with Federal-aid highway funds, to accommodate needed 
passenger, commuter, or high speed rail, magnetic levitation 
systems, and highway and nonhighway public mass transit 
facilities, the Secretary shall authorize a State to make such 
lands, air space, and rights-of-way available with or without 
charge to a publicly or privately owned authority or company or 
any other person for such purposes if such accommodation will 
not adversely affect automotive safety.
  (g) The provision of assistance under subsection (a)(2) shall 
not be construed as bringing within the application of chapter 
15 of title 5, United States Code, any non-supervisory employee 
of an urban mass transportation system (or of any other agency 
or entity performing related functions) to whom such chapter is 
otherwise inapplicable.
  (h) Funds available for expenditure to carry out the purposes 
of subsection (a)(2) of this section shall be supplementary to 
and not in substitution for funds authorized and available for 
obligation pursuant to chapter 53 of title 49.
  [(i) The provisions of section 5323(a)(1)(D) of title 49 
shall apply in carrying out subsection (a)(2) of this section.]

Sec. 143. Highway use tax evasion projects

  (a) State Defined.--In this section, the term ``State'' means 
the 50 States and the District of Columbia.
  (b) Projects.--
          (1) In general.--The Secretary shall carry out 
        highway use tax evasion projects in accordance with 
        this subsection.
          (2) Funding.--
                  (A) In general.--From administrative funds 
                made available under section 104(a), the 
                Secretary may deduct such sums as are 
                necessary, not to exceed $4,000,000 for each of 
                fiscal years [2016 through 2020] 2023 through 
                2026, to carry out this section.
                  (B) Allocation of funds.--Funds made 
                available to carry out this section may be 
                allocated to the Internal Revenue Service and 
                the States at the discretion of the Secretary, 
                except that of funds so made available for each 
                fiscal year, $2,000,000 shall be available only 
                to carry out intergovernmental enforcement 
                efforts, including research and training.
          (3) Conditions on funds allocated to internal revenue 
        service.--Except as otherwise provided in this section, 
        the Secretary shall not impose any condition on the use 
        of funds allocated to the Internal Revenue Service 
        under this subsection.
          (4) Limitation on use of funds.--Funds made available 
        to carry out this section shall be used only--
                  (A) to expand efforts to enhance motor fuel 
                tax enforcement;
                  (B) to fund additional Internal Revenue 
                Service staff, but only to carry out functions 
                described in this paragraph;
                  (C) to supplement motor fuel tax examinations 
                and criminal investigations;
                  (D) to develop automated data processing 
                tools to monitor motor fuel production and 
                sales;
                  (E) to evaluate and implement registration 
                and reporting requirements for motor fuel 
                taxpayers;
                  (F) to reimburse State expenses that 
                supplement existing fuel tax compliance 
                efforts;
                  (G) to analyze and implement programs to 
                reduce tax evasion associated with other 
                highway use taxes;
                  (H) to support efforts between States and 
                Indian tribes to address issues relating to 
                State motor fuel taxes; and
                  (I) to analyze and implement programs to 
                reduce tax evasion associated with foreign 
                imported fuel.
          (5) Maintenance of effort.--The Secretary may not 
        make an allocation to a State under this subsection for 
        a fiscal year unless the State certifies that the 
        aggregate expenditure of funds of the State, exclusive 
        of Federal funds, for motor fuel tax enforcement 
        activities will be maintained at a level that does not 
        fall below the average level of such expenditure for 
        the preceding 2 fiscal years of the State.
          (6) Federal share.--The Federal share of the cost of 
        a project carried out under this subsection shall be 
        100 percent.
          (7) Period of availability.--Funds authorized to 
        carry out this section shall remain available for 
        obligation for a period of 3 years after the last day 
        of the fiscal year for which the funds are authorized.
          (8) Use of surface transportation [block 
        grant]program funding.--In addition to funds made 
        available to carry out this section, a State may expend 
        up to 1/4 of 1 percent of the funds apportioned to the 
        State for a fiscal year under section 104(b)(2) on 
        initiatives to halt the evasion of payment of motor 
        fuel taxes.
          (9) Reports.--The Commissioner of the Internal 
        Revenue Service and each State 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 
        an annual report that describes the projects, 
        examinations, and criminal investigations funded by and 
        carried out under this section. Such report shall 
        specify the estimated annual yield from such projects, 
        examinations, and criminal investigations.
  (c) Excise Tax Fuel Reporting.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of the SAFETEA-LU, the Secretary 
        shall enter into a memorandum of understanding with the 
        Commissioner of the Internal Revenue Service for the 
        purposes of--
                  (A) the additional development of 
                capabilities needed to support new reporting 
                requirements and databases established under 
                such Act and the American Jobs Creation Act of 
                2004 (Public Law 108-357), and such other 
                reporting requirements and database development 
                as may be determined by the Secretary, in 
                consultation with the Commissioner of the 
                Internal Revenue Service, to be useful in the 
                enforcement of fuel excise taxes, including 
                provisions recommended by the Fuel Tax 
                Enforcement Advisory Committee,
                  (B) the completion of requirements needed for 
                the electronic reporting of fuel transactions 
                from carriers and terminal operators,
                  (C) the operation and maintenance of an 
                excise summary terminal activity reporting 
                system and other systems used to provide 
                strategic analyses of domestic and foreign 
                motor fuel distribution trends and patterns,
                  (D) the collection, analysis, and sharing of 
                information on fuel distribution and compliance 
                or noncompliance with fuel taxes, and
                  (E) the development, completion, operation, 
                and maintenance of an electronic claims filing 
                system and database and an electronic database 
                of heavy vehicle highway use payments.
          (2) Elements of memorandum of understanding.--The 
        memorandum of understanding shall provide that--
                  (A) the Internal Revenue Service shall 
                develop and maintain any system under paragraph 
                (1) through contracts,
                  (B) any system under paragraph (1) shall be 
                under the control of the Internal Revenue 
                Service, and
                  (C) any system under paragraph (1) shall be 
                made available for use by appropriate State and 
                Federal revenue, tax, and law enforcement 
                authorities, subject to section 6103 of the 
                Internal Revenue Code of 1986.
          (3) Funding.--Of the amounts made available to carry 
        out this section for each fiscal year, the Secretary 
        shall make available to the Internal Revenue Service 
        such funds as may be necessary to complete, operate, 
        and maintain the systems under paragraph (1) in 
        accordance with this subsection.
          (4) Reports.--Not later than September 30 of each 
        year, the Commissioner of the Internal Revenue Service 
        shall provide reports to the Secretary on the status of 
        the Internal Revenue Service projects funded under this 
        subsection.

Sec. 144. [National bridge and tunnel inventory and inspection 
                    standards] Bridges and tunnels

  (a) Findings and Declarations.--
          (1) Findings.--Congress finds that--
                  (A) the condition of the bridges of the 
                United States has improved since the date of 
                enactment of the Transportation Equity Act for 
                the 21st Century (Public Law 105-178; 112 Stat. 
                107), yet continued improvement to bridge 
                conditions is essential to protect the safety 
                of the traveling public and allow for the 
                efficient movement of people and goods on which 
                the economy of the United States relies; and
                  (B) the systematic preventative maintenance 
                of bridges, and replacement and rehabilitation 
                of [deficient] bridges, should be undertaken 
                through an overall asset management approach to 
                transportation investment.
          (2) Declarations.--Congress declares that it is in 
        the vital interest of the United States--
                  (A) to inventory, inspect, and improve the 
                condition of the highway bridges and tunnels of 
                the United States;
                  (B) to use a data-driven, risk-based approach 
                and cost-effective strategy for systematic 
                preventative maintenance, replacement, and 
                rehabilitation of highway bridges and tunnels 
                to ensure safety, resilience, and extended 
                service life;
                  (C) to use performance-based bridge 
                management systems to assist States in making 
                timely investments;
                  (D) to ensure accountability and link 
                performance outcomes to investment decisions; 
                [and]
                  (E) to ensure connectivity and access for 
                residents of rural areas of the United States 
                through strategic investments in National 
                Highway System bridges and bridges on all 
                public roads[.]; and
                  (F) to ensure adequate passage of aquatic and 
                terrestrial species, where appropriate.
  (b) National Bridge and Tunnel Inventories.--The Secretary, 
in consultation with the States and Federal agencies with 
jurisdiction over highway bridges and tunnels, shall--
          (1) inventory all highway bridges on public roads, on 
        and off Federal-aid highways, including tribally owned 
        and Federally owned bridges, that are bridges over 
        waterways, other topographical barriers, other 
        highways, and railroads;
          (2) inventory all tunnels on public roads, on and off 
        Federal-aid highways, including tribally owned and 
        Federally owned tunnels;
          (3) classify the bridges according to serviceability, 
        safety, and essentiality for public use, including the 
        potential impacts to emergency evacuation routes and to 
        regional and national freight and passenger mobility if 
        the serviceability of the bridge is restricted or 
        diminished;
          (4) based on that classification, assign each a risk-
        based priority for systematic preventative maintenance, 
        replacement, or rehabilitation; and
          (5) determine the cost of replacing each 
        [structurally deficient bridge] bridge classified as in 
        poor condition identified under this subsection with a 
        comparable facility or the cost of rehabilitating the 
        bridge.
  (c) General Bridge Authority.--
          (1) In general.--Except as provided in paragraph (2) 
        and notwithstanding any other provision of law, the 
        General Bridge Act of 1946 (33 U.S.C. 525 et seq.) 
        shall apply to bridges authorized to be replaced, in 
        whole or in part, by this title.
          (2) Exception.--Section 502(b) of the General Bridge 
        Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act 
        of March 3, 1899 (33 U.S.C. 401), shall not apply to 
        any bridge constructed, reconstructed, rehabilitated, 
        or replaced with assistance under this title, if the 
        bridge is over waters that--
                  (A) are not used and are not susceptible to 
                use in the natural condition of the water or by 
                reasonable improvement as a means to transport 
                interstate or foreign commerce; and
                  (B) are--
                          (i) not tidal; or
                          (ii) if tidal, used only by 
                        recreational boating, fishing, and 
                        other small vessels that are less than 
                        21 feet in length.
  (d) Inventory Updates and Reports.--
          (1) In general.--The Secretary shall--
                  (A) annually revise the inventories 
                authorized by subsection (b); and
                  (B) submit to the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives and the Committee on 
                Environment and Public Works of the Senate a 
                report on the inventories.
          (2) Inspection report.--[Not later than 2 years after 
        the date of enactment of the MAP-21, each] Each State 
        and appropriate Federal agency shall report element 
        level data to the Secretary, as each bridge is 
        inspected pursuant to this section, for all highway 
        bridges on the National Highway System.
          (3) Guidance.--The Secretary shall provide guidance 
        to States and Federal agencies for implementation of 
        this subsection, while respecting the existing 
        inspection schedule of each State.
          [(4) Bridges not on national highway system.--The 
        Secretary shall--
                  [(A) conduct a study on the benefits, cost-
                effectiveness, and feasibility of requiring 
                element-level data collection for bridges not 
                on the National Highway System; and
                  [(B) submit to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Environment and Public Works of the Senate a 
                report on the results of the study.]
  (e) Bridges Without Taxing Powers.--
          (1) In general.--Notwithstanding any other provision 
        of law, any bridge that is owned and operated by an 
        agency that does not have taxing powers and whose 
        functions include operating a federally assisted public 
        transit system subsidized by toll revenues shall be 
        eligible for assistance under this title, but the 
        amount of such assistance shall in no event exceed the 
        cumulative amount which such agency has expended for 
        capital and operating costs to subsidize such transit 
        system.
          (2) Insufficient assets.--Before authorizing an 
        expenditure of funds under this subsection, the 
        Secretary shall determine that the applicant agency has 
        insufficient reserves, surpluses, and projected 
        revenues (over and above those required for bridge and 
        transit capital and operating costs) to fund the bridge 
        project or activity eligible for assistance under this 
        title.
          (3) Crediting of non-federal funds.--Any non-Federal 
        funds expended for the seismic retrofit of the bridge 
        may be credited toward the non-Federal share required 
        as a condition of receipt of any Federal funds for 
        seismic retrofit of the bridge made available after the 
        date of the expenditure.
  (f) Replacement of Destroyed Bridges and Ferry Boat 
Service.--
          (1) In general.--Notwithstanding any other provision 
        of law, a State may use the funds apportioned under 
        section 104(b)(2) to construct any bridge that 
        replaces--
                  (A) any low water crossing (regardless of the 
                length of the low water crossing);
                  (B) any bridge that was destroyed prior to 
                January 1, 1965;
                  (C) any ferry that was in existence on 
                January 1, 1984; or
                  (D) any road bridge that is rendered obsolete 
                as a result of a Corps of Engineers flood 
                control or channelization project and is not 
                rebuilt with funds from the Corps of Engineers.
          (2) Federal share.--The Federal share payable on any 
        bridge construction carried out under paragraph (1) 
        shall be 80 percent of the cost of the construction.
  (g) Historic Bridges.--
          (1) Definition of historic bridge.--In this 
        subsection, the term ``historic bridge'' means any 
        bridge that is listed on, or eligible for listing on, 
        the National Register of Historic Places.
          (2) Coordination.--The Secretary shall, in 
        cooperation with the States, encourage the retention, 
        rehabilitation, adaptive reuse, and future study of 
        historic bridges.
          (3) State inventory.--The Secretary shall require 
        each State to complete an inventory of all bridges on 
        and off Federal-aid highways to determine the historic 
        significance of the bridges.
          (4) Eligibility.--
                  (A) In general.--Subject to subparagraph (B), 
                reasonable costs associated with actions to 
                preserve, or reduce the impact of a project 
                under this chapter on, the historic integrity 
                of a historic bridge shall be eligible as 
                reimbursable project costs under section 133 if 
                the load capacity and safety features of the 
                historic bridge are adequate to serve the 
                intended use for the life of the historic 
                bridge.
                  (B) Bridges not used for vehicle traffic.--In 
                the case of a historic bridge that is no longer 
                used for motorized vehicular traffic, the costs 
                eligible as reimbursable project costs pursuant 
                to this chapter shall not exceed the estimated 
                cost of demolition of the historic bridge.
          (5) Preservation.--Any State that proposes to 
        demolish a historic bridge for a replacement project 
        with funds made available to carry out this section 
        shall first make the historic bridge available for 
        donation to a State, locality, or responsible private 
        entity if the State, locality, or responsible entity 
        enters into an agreement--
                  (A) to maintain the bridge and the features 
                that give the historic bridge its historic 
                significance; and
                  (B) to assume all future legal and financial 
                responsibility for the historic bridge, which 
                may include an agreement to hold the State 
                transportation department harmless in any 
                liability action.
          (6) Costs incurred.--
                  (A) In general.--Costs incurred by the State 
                to preserve a historic bridge (including funds 
                made available to the State, locality, or 
                private entity to enable it to accept the 
                bridge) shall be eligible as reimbursable 
                project costs under this chapter in an amount 
                not to exceed the cost of demolition.
                  (B) Additional funding.--Any bridge preserved 
                pursuant to this paragraph shall not be 
                eligible for any other funds authorized 
                pursuant to this title.
  (h) National Bridge and Tunnel Inspection Standards.--
          (1) Requirement.--
                  (A) In general.--The Secretary shall 
                establish and maintain inspection standards for 
                the proper inspection and evaluation of all 
                highway bridges and tunnels for safety and 
                serviceability.
                  (B) Uniformity.--The standards under this 
                subsection shall be designed to ensure 
                uniformity of the inspections and evaluations.
          (2) Minimum requirements of inspection standards.--
        The standards established under paragraph (1) shall, at 
        a minimum--
                  (A) specify, in detail, the method by which 
                the inspections shall be carried out by the 
                States, Federal agencies, and tribal 
                governments;
                  (B) establish the maximum time period between 
                inspections;
                  (C) establish the qualifications for those 
                charged with carrying out the inspections;
                  (D) require each State, Federal agency, and 
                tribal government to maintain and make 
                available to the Secretary on request--
                          (i) written reports on the results of 
                        highway bridge and tunnel inspections 
                        and notations of any action taken 
                        pursuant to the findings of the 
                        inspections; and
                          (ii) current inventory data for all 
                        highway bridges and tunnels reflecting 
                        the findings of the most recent highway 
                        bridge and tunnel inspections 
                        conducted; and
                  (E) establish a procedure for national 
                certification of highway bridge inspectors and 
                tunnel inspectors.
          (3) State compliance with inspection standards.--The 
        Secretary shall, at a minimum--
                  (A) establish, in consultation with the 
                States, Federal agencies, and interested and 
                knowledgeable private organizations and 
                individuals, procedures to conduct reviews of 
                State compliance with--
                          (i) the standards established under 
                        this subsection; and
                          (ii) the calculation or reevaluation 
                        of bridge load ratings; and
                  (B) establish, in consultation with the 
                States, Federal agencies, and interested and 
                knowledgeable private organizations and 
                individuals, procedures for States to follow in 
                reporting to the Secretary--
                          (i) critical findings relating to 
                        structural or safety-related 
                        deficiencies of highway bridges and 
                        tunnels; and
                          (ii) monitoring activities and 
                        corrective actions taken in response to 
                        a critical finding described in clause 
                        (i).
          (4) Reviews of state compliance.--
                  (A) In general.--The Secretary shall annually 
                review State compliance with the standards 
                established under this section.
                  (B) Noncompliance.--If an annual review in 
                accordance with subparagraph (A) identifies 
                noncompliance by a State, the Secretary shall--
                          (i) issue a report detailing the 
                        issues of the noncompliance by December 
                        31 of the calendar year in which the 
                        review was made; and
                          (ii) provide the State an opportunity 
                        to address the noncompliance by--
                                  (I) developing a corrective 
                                action plan to remedy the 
                                noncompliance; or
                                  (II) resolving the issues of 
                                noncompliance not later than 45 
                                days after the date of 
                                notification.
          (5) Penalty for noncompliance.--
                  (A) In general.--If a State fails to satisfy 
                the requirements of paragraph (4)(B) by August 
                1 of the calendar year following the year of a 
                finding of noncompliance, the Secretary shall, 
                on October 1 of that year, and each year 
                thereafter as may be necessary, require the 
                State to dedicate funds apportioned to the 
                State under sections 119 and 133 after the date 
                of enactment of the MAP-21 to correct the 
                noncompliance with the minimum inspection 
                standards established under this subsection.
                  (B) Amount.--The amount of the funds to be 
                directed to correcting noncompliance in 
                accordance with subparagraph (A) shall--
                          (i) be determined by the State based 
                        on an analysis of the actions needed to 
                        address the noncompliance; and
                          (ii) require approval by the 
                        Secretary.
          (6) Update of standards.--Not later than 3 years 
        after the date of enactment of the MAP-21, the 
        Secretary shall update inspection standards to cover--
                  (A) the methodology, training, and 
                qualifications for inspectors; and
                  (B) the frequency of inspection.
          (7) Risk-based approach.--In carrying out the 
        revisions required by paragraph (6), the Secretary 
        shall consider a risk-based approach to determining the 
        frequency of bridge inspections.
  (i) Training Program for Bridge and Tunnel Inspectors.--
          (1) In general.--The Secretary, in cooperation with 
        the State transportation departments, shall maintain a 
        program designed to train appropriate personnel to 
        carry out highway bridge and tunnel inspections.
          (2) Revisions.--The training program shall be revised 
        from time to time to take into account new and improved 
        techniques.
  (j) Bundling of Bridge Projects.--
          (1) Purpose.--The purpose of this subsection is to 
        save costs and time by encouraging States to bundle 
        multiple bridge projects as 1 project.
          (2) Eligible entity defined.--In this subsection, the 
        term ``eligible entity'' means an entity eligible to 
        carry out a bridge project under section 119, 124, or 
        133.
          (3) Bundling of bridge projects.--An eligible entity 
        may bundle 2 or more similar bridge projects that are--
                  (A) eligible projects under section 119, 124, 
                or 133;
                  (B) included as a bundled project in a 
                transportation improvement program under 
                section 134(j) or a statewide transportation 
                improvement program under section 135, as 
                applicable; and
                  (C) awarded to a single contractor or 
                consultant pursuant to a contract for 
                engineering and design or construction between 
                the contractor and an eligible entity.
          (4) Itemization.--Notwithstanding any other provision 
        of law (including regulations), a bundling of bridge 
        projects under this subsection may be listed as--
                  (A) 1 project for purposes of sections 134 
                and 135; and
                  (B) a single project.
          (5) Financial characteristics.--Projects bundled 
        under this subsection shall have the same [financial 
        characteristics, including--
                  [(A) the same funding category or 
                subcategory; and
                  [(B) the same Federal share.] Federal share.
          (6) Engineering cost reimbursement.--The provisions 
        of section 102(b) do not apply to projects carried out 
        under this subsection.
  (k) Availability of Funds.--In carrying out this section--
          (1) the Secretary may use funds made available to the 
        Secretary under sections 104(a) and 503;
          (2) a State may use amounts apportioned to the State 
        under section 104(b)(1) and 104(b)(2);
          (3) an Indian tribe may use funds made available to 
        the Indian tribe under section 202; and
          (4) a Federal agency may use funds made available to 
        the agency under section 503.
  (l) Highway Bridge Replacement and Rehabilitation.--
          (1) Goals.--The goals of this subsection shall be 
        to--
                  (A) support the achievement of a state of 
                good repair for the Nation's bridges;
                  (B) improve the safety, efficiency, and 
                reliability of the movement of people and 
                freight over bridges; and
                  (C) improve the condition of bridges in the 
                United States by reducing--
                          (i) the number of bridges--
                                  (I) in poor condition; or
                                  (II) in fair condition and at 
                                risk of falling into poor 
                                condition;
                          (ii) the total person miles traveled 
                        over bridges--
                                  (I) in poor condition; or
                                  (II) in fair condition and at 
                                risk of falling into poor 
                                condition;
                          (iii) the number of bridges that--
                                  (I) do not meet current 
                                geometric design standards; or
                                  (II) cannot meet the load and 
                                traffic requirements typical of 
                                the regional transportation 
                                network; and
                          (iv) the total person miles traveled 
                        over bridges that--
                                  (I) do not meet current 
                                geometric design standards; or
                                  (II) cannot meet the load and 
                                traffic requirements typical of 
                                the regional transportation 
                                network.
          (2) Bridges on public roads.--
                  (A) Minimum bridge investment.--Excluding the 
                amounts described in subparagraph (C), of the 
                total funds apportioned to a State under 
                paragraphs (1) and (2) of section 104(b) for 
                fiscal years 2023 to 2026, a State shall 
                obligate not less than 20 percent for projects 
                described in subparagraph (E).
                  (B) Program flexibility.--A State required to 
                obligate funds under subparagraph (A) may use 
                any combination of funds apportioned to a State 
                under paragraphs (1) and (2) of section 104(b).
                  (C) Limitation.--Amounts described below may 
                not be used for the purposes of calculating or 
                meeting the minimum bridge investment 
                requirement under subparagraph (A)--
                          (i) amounts described in section 
                        133(d)(1)(A);
                          (ii) amounts set aside under section 
                        133(h); and
                          (iii) amounts described in section 
                        505(a).
                  (D) Rule of construction.--Nothing in this 
                section shall be construed to prohibit the 
                expenditure of funds described in subparagraph 
                (C) for bridge projects eligible under such 
                section.
                  (E) Eligible projects.--Funds required to be 
                obligated in accordance with paragraph (2)(A) 
                may be obligated for projects or activities 
                that--
                          (i) are otherwise eligible under 
                        either section 119 or section 133, as 
                        applicable;
                          (ii) support the achievement of 
                        performance targets of the State 
                        established under section 150, are 
                        consistent with the transportation 
                        asset management plan of the State, or 
                        provide support for the condition and 
                        performance of bridges on public roads 
                        within the State; and
                          (iii) remove, replace, reconstruct, 
                        rehabilitate, preserve, or protect a 
                        bridge included on the national bridge 
                        inventory authorized by subsection (b), 
                        including through--
                                  (I) seismic retrofits;
                                  (II) systematic preventive 
                                maintenance;
                                  (III) installation of scour 
                                countermeasures;
                                  (IV) the use of innovative 
                                materials that extend the 
                                service life of the bridge and 
                                reduce preservation costs, as 
                                compared to conventionally 
                                designed and constructed 
                                bridges;
                                  (V) the use of nontraditional 
                                production techniques, 
                                including factory 
                                prefabrication;
                                  (VI) painting for purposes of 
                                bridge protection;
                                  (VII) application of calcium 
                                magnesium acetate, sodium 
                                acetate/formate, or other 
                                environmentally acceptable, 
                                minimally corrosive anti-icing 
                                and deicing compositions;
                                  (VIII) corrosion control;
                                  (IX) construction of 
                                protective features (including 
                                natural infrastructure) alone 
                                or in combination with other 
                                activities eligible under this 
                                paragraph to enhance resilience 
                                of a bridge;
                                  (X) bridge security 
                                countermeasures;
                                  (XI) impact protection 
                                measures for bridges;
                                  (XII) inspection and 
                                evaluation of bridges;
                                  (XIII) training for bridge 
                                inspectors consistent with 
                                subsection (i); and
                                  (XIV) removal of a bridge 
                                classified as in poor condition 
                                in order to improve community 
                                connectivity.
                  (F) Bundles of projects.--A State may use a 
                bundle of projects as described in subsection 
                (j) to satisfy the requirements of subparagraph 
                (A), if each project in the bundle is otherwise 
                eligible under subparagraph (E).
                  (G) Flexibility.--The Secretary may, at the 
                request of a State, reduce the required 
                obligation under subparagraph (A) if--
                          (i) the reduction is consistent with 
                        a State's asset management plan for the 
                        National Highway System;
                          (ii) the reduction will not limit a 
                        State's ability to meet its performance 
                        targets under section 150 or to improve 
                        the condition and performance of 
                        bridges on public roads within the 
                        State; and
                          (iii) the State demonstrates that it 
                        has inadequate needs to justify the 
                        expenditure.
                  (H) Bridge investment report.--The Secretary 
                shall annually publish on the website of the 
                Department of Transportation a bridge 
                investment report that includes--
                          (i) the total Federal funding 
                        obligated for bridge projects in the 
                        most recent fiscal year, on a State-by-
                        State basis and broken out by Federal 
                        program;
                          (ii) the total Federal funding 
                        obligated, on a State-by-State basis 
                        and broken out by Federal program, for 
                        bridge projects carried out pursuant to 
                        the minimum bridge investment 
                        requirements under subparagraph (A);
                          (iii) the progress made by each State 
                        toward meeting the minimum bridge 
                        investment requirement under 
                        subparagraph (A) for such State, both 
                        cumulatively and for the most recent 
                        fiscal year;
                          (iv) a summary of--
                                  (I) each request made under 
                                subparagraph (G) by a State for 
                                a reduction in the minimum 
                                bridge investment requirement 
                                under subparagraph (A); and
                                  (II) for each request 
                                described in subclause (I) that 
                                is granted by the Secretary--
                                          (aa) the percentage 
                                        and dollar amount of 
                                        the reduction; and
                                          (bb) an explanation 
                                        of how the State met 
                                        each of the criteria 
                                        described in 
                                        subparagraph (G); and
                          (v) a summary of--
                                  (I) each request made by a 
                                State for a reduction in the 
                                obligation requirements under 
                                section 133(f); and
                                  (II) for each request that is 
                                granted by the Secretary--
                                          (aa) the percentage 
                                        and dollar amount of 
                                        the reduction; and
                                          (bb) an explanation 
                                        of how the Secretary 
                                        made the determination 
                                        under section 
                                        133(f)(2)(B).
                  (I) Off-system bridges.--A State may apply 
                amounts obligated under this subsection or 
                section 133(f)(2)(A) to the obligation 
                requirements of both this subsection and 
                section 133(f).
                  (J) NHS penalty.--A State may apply amounts 
                obligated under this subsection or section 
                119(f)(2) to the obligation requirements of 
                both this subsection and section 119(f)(2).
                  (K) Compliance.--If a State fails to satisfy 
                the requirements of subparagraph (A) by the end 
                of fiscal year 2025, the Secretary may subject 
                the State to appropriate program sanctions 
                under section 1.36 of title 23, Code of Federal 
                Regulations (or successor regulations).

           *       *       *       *       *       *       *


Sec. 147. Construction of ferry boats and ferry terminal facilities

  (a) Program.--The Secretary shall carry out a program for 
construction of ferry boats and ferry terminal facilities in 
accordance with section 129(c).
  (b) Federal Share.--The Federal share of the cost of 
construction of ferry boats, ferry terminals, and ferry 
maintenance facilities under this section shall be 80 percent.
  (c) Distribution of Funds.--Of the amounts made available to 
ferry systems and public entities responsible for developing 
ferries under this section for a fiscal year, 100 percent shall 
be allocated in accordance with the formula set forth in 
subsection (d).
  (d) Formula.--Of the amounts allocated under subsection (c)--
          (1) 35 percent shall be allocated among eligible 
        entities in the proportion that--
                  (A) the number of ferry passengers, including 
                passengers in vehicles, carried by each ferry 
                system in the most recent calendar year for 
                which data is available; bears to
                  (B) the number of ferry passengers, including 
                passengers in vehicles, carried by all ferry 
                systems in the most recent calendar year for 
                which data is available;
          (2) 35 percent shall be allocated among eligible 
        entities in the proportion that--
                  (A) the number of vehicles carried by each 
                ferry system in the most recent calendar year 
                for which data is available; bears to
                  (B) the number of vehicles carried by all 
                ferry systems in the most recent calendar year 
                for which data is available; and
          (3) 30 percent shall be allocated among eligible 
        entities in the proportion that--
                  (A) the total route nautical miles serviced 
                by each ferry system in the most recent 
                calendar year for which data is available; 
                bears to
                  (B) the total route nautical miles serviced 
                by all ferry systems in the most recent 
                calendar year for which data is available.
  (e) Redistribution of Unobligated Amounts.--The Secretary 
shall--
          (1) withdraw amounts allocated to an eligible entity 
        under subsection (c) that remain unobligated by the end 
        of the third fiscal year following the fiscal year for 
        which the amounts were allocated; and
          (2) in the subsequent fiscal year, redistribute the 
        amounts referred to in paragraph (1) in accordance with 
        the formula under subsection (d) among eligible 
        entities for which no amounts were withdrawn under 
        paragraph (1).
  (f) Minimum Amount.--Notwithstanding subsection (c), a State 
with an eligible entity that meets the requirements of this 
section shall receive not less than $100,000 under this section 
for a fiscal year.
  (g) Implementation.--
          (1) Data collection.--
                  (A) National ferry database.--Amounts made 
                available for a fiscal year under this section 
                shall be allocated using the most recent data 
                available, as collected and imputed in 
                accordance with the national ferry database 
                established under section 1801(e) of SAFETEA-LU 
                (23 U.S.C. 129 note).
                  (B) Eligibility for funding.--To be eligible 
                to receive funds under subsection (c), data 
                shall have been submitted in the most recent 
                collection of data for the national ferry 
                database under section 1801(e) of SAFETEA-LU 
                (23 U.S.C. 129 note) for at least 1 ferry 
                service within the State.
          (2) Adjustments.--On review of the data submitted 
        under paragraph (1)(B), the Secretary may make 
        adjustments to the data as the Secretary determines 
        necessary to correct misreported or inconsistent data.
  [(h) Authorization of Appropriations.--There is authorized to 
be appropriated out of the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this section $80,000,000 for 
each of fiscal years 2016 through 2020.]
  [(i)] (h) Period of Availability.--Notwithstanding section 
118(b), funds made available to carry out this section shall 
remain available until expended.
  [(j)] (i) Applicability.--All provisions of this chapter that 
are applicable to the National Highway System, other than 
provisions relating to apportionment formula and Federal share, 
shall apply to funds made available to carry out this section, 
except as determined by the Secretary to be inconsistent with 
this section.

Sec. 148. Highway safety improvement program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) High risk rural road.--The term ``high risk rural 
        road'' means any roadway functionally classified as a 
        rural major or minor collector or a rural local road 
        with significant safety risks, as defined by a State in 
        accordance with an updated State strategic highway 
        safety plan.
          (2) Highway basemap.--The term ``highway basemap'' 
        means a representation of all public roads that can be 
        used to geolocate attribute data on a roadway.
          (3) Highway safety improvement program.--The term 
        ``highway safety improvement program'' means projects, 
        activities, plans, and reports carried out under this 
        section.
          (4) Highway safety improvement project.--
                  (A) In general.--The term ``highway safety 
                improvement project'' means strategies, 
                activities, and projects on a public road that 
                are consistent with a State strategic highway 
                safety plan and--
                          (i) correct or improve a hazardous 
                        road location or feature; or
                          (ii) address a highway safety 
                        problem.
                  (B) Inclusions.--The term ``highway safety 
                improvement project'' [only includes a project] 
                includes a project for 1 or more of the 
                following:
                          (i) An intersection safety 
                        improvement.
                          (ii) Pavement and shoulder widening 
                        (including addition of a passing lane 
                        to remedy an unsafe condition).
                          (iii) Installation of rumble strips 
                        or another warning device, if the 
                        rumble strips or other warning devices 
                        do not adversely affect the safety or 
                        mobility of bicyclists and pedestrians, 
                        including persons with disabilities.
                          (iv) Installation of a skid-resistant 
                        surface at an intersection or other 
                        location with a high frequency of 
                        crashes.
                          (v) An improvement for pedestrian or 
                        bicyclist safety or safety of persons 
                        with disabilities.
                          (vi) Construction and improvement of 
                        a railway-highway grade crossing safety 
                        feature, including installation of 
                        protective devices.
                          (vii) The conduct of a model traffic 
                        enforcement activity at a railway-
                        highway crossing.
                          (viii) Construction of a traffic 
                        calming feature.
                          (ix) Elimination of a roadside 
                        hazard.
                          (x) Installation, replacement, and 
                        other improvement of highway signage 
                        and pavement markings, or a project to 
                        maintain minimum levels of 
                        retroreflectivity, that addresses a 
                        highway safety problem consistent with 
                        a State strategic highway safety plan.
                          (xi) Installation of a priority 
                        control system for emergency vehicles 
                        at signalized intersections.
                          (xii) Installation of a traffic 
                        control or other warning device at a 
                        location with high crash potential.
                          (xiii) Transportation safety 
                        planning, including the development of 
                        a vulnerable road user safety 
                        assessment or a vision zero plan under 
                        section 1601 of the INVEST in America 
                        Act.
                          (xiv) Collection, analysis, and 
                        improvement of safety data.
                          (xv) Planning integrated 
                        interoperable emergency communications 
                        equipment, operational activities, or 
                        traffic enforcement activities 
                        (including police assistance) relating 
                        to work zone safety.
                          (xvi) Installation of guardrails, 
                        barriers (including barriers between 
                        construction work zones and traffic 
                        lanes for the safety of road users and 
                        workers), and crash attenuators.
                          (xvii) The addition or retrofitting 
                        of structures or other measures to 
                        eliminate or reduce crashes involving 
                        vehicles and wildlife.
                          [(xviii) Installation of yellow-green 
                        signs and signals at pedestrian and 
                        bicycle crossings and in school zones.]
                          (xviii) Safe routes to school 
                        infrastructure-related projects 
                        eligible under section 211.
                          (xix) Construction and operational 
                        improvements on high risk rural roads.
                          (xx) Geometric improvements to a road 
                        for safety purposes that improve 
                        safety.
                          (xxi) A road safety audit.
                          (xxii) Roadway safety infrastructure 
                        improvements consistent with the 
                        recommendations included in the 
                        publication of the Federal Highway 
                        Administration entitled ``Highway 
                        Design Handbook for Older Drivers and 
                        Pedestrians'' (FHWA-RD-01-103), dated 
                        May 2001 or as subsequently revised and 
                        updated.
                          (xxiii) Truck parking facilities 
                        eligible for funding under section 1401 
                        of the MAP-21.
                          (xxiv) Systemic safety improvements.
                          (xxv) Installation of vehicle-to-
                        infrastructure communication equipment.
                          (xxvi) Pedestrian hybrid beacons or 
                        leading pedestrian intervals.
                          (xxvii) Roadway improvements that 
                        provide separation between pedestrians 
                        and motor vehicles, including medians 
                        and pedestrian crossing islands.
                          [(xxviii) A physical infrastructure 
                        safety project not described in clauses 
                        (i) through (xxvii).]
                          (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.
          (5) Model inventory of roadway elements.--The term 
        ``model inventory of roadway elements'' means the 
        listing and standardized coding by the Federal Highway 
        Administration of roadway and traffic data elements 
        critical to safety management, analysis, and 
        decisionmaking.
          (6) Project to maintain minimum levels of 
        retroreflectivity.--The term ``project to maintain 
        minimum levels of retroreflectivity'' means a project 
        that is designed to maintain a highway sign or pavement 
        marking retroreflectivity at or above the minimum 
        levels prescribed in Federal or State regulations.
          (7) Road safety audit.--The term ``road safety 
        audit'' means a formal safety performance examination 
        of an existing or future road or intersection by an 
        independent multidisciplinary audit team.
          (8)  [Road users] Road user.--The term ``road user'' 
        means a motorist, passenger, public transportation 
        operator or user, truck driver, bicyclist, 
        motorcyclist, or pedestrian, including a person with 
        disabilities.
          (9) Safety data.--
                  (A) In general.--The term ``safety data'' 
                means crash, roadway, and traffic data on a 
                public road.
                  (B) Inclusion.--The term ``safety data'' 
                includes, in the case of a railway-highway 
                grade crossing, the characteristics of highway 
                and train traffic, licensing, and vehicle data.
          (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).
          [(10)] (12) State highway safety improvement 
        program.--The term ``State highway safety improvement 
        program'' means a program of highway safety improvement 
        projects, activities, plans and reports carried out as 
        part of the Statewide transportation improvement 
        program under section 135(g).
          [(11)] (13) State strategic highway safety plan.--The 
        term ``State strategic highway safety plan'' means a 
        comprehensive plan, based on safety data, developed by 
        a State transportation department that--
                  (A) is developed after consultation with--
                          (i) a highway safety representative 
                        of the Governor of the State;
                          (ii) regional transportation planning 
                        organizations and metropolitan planning 
                        organizations, if any;
                          (iii) representatives of major modes 
                        of transportation;
                          (iv) State and local traffic 
                        enforcement officials;
                          (v) a highway-rail grade crossing 
                        safety representative of the Governor 
                        of the State;
                          (vi) representatives conducting a 
                        motor carrier safety program under 
                        section 31102, 31106, or 31309 of title 
                        49;
                          (vii) motor vehicle administration 
                        agencies;
                          (viii) county transportation 
                        officials;
                          (ix) State representatives of 
                        nonmotorized users; [and]
                          (x) State or local representatives of 
                        educational agencies to address safe 
                        routes to school and schoolbus safety; 
                        and
                          [(x)] (xi) other major Federal, 
                        State, tribal, and local safety 
                        stakeholders;
                  (B) analyzes and makes effective use of 
                State, regional, local, or tribal safety data;
                  (C) addresses engineering, management, 
                operation, education, enforcement, and 
                emergency services elements (including 
                integrated, interoperable emergency 
                communications) of highway safety as key 
                factors in evaluating highway projects;
                  (D) considers safety needs of, and high-
                fatality segments of, all public roads, 
                including non-State-owned public roads and 
                roads on tribal land;
                  (E) considers the results of State, Tribal, 
                regional, or local transportation and highway 
                safety planning processes;
                  (F) describes a program of strategies to 
                reduce or eliminate safety hazards;
                  (G) includes a vulnerable road user safety 
                assessment described under paragraph (16);
                  [(G)] (H) is approved by the Governor of the 
                State or a responsible State agency;
                                  [(H)] (I) is consistent with 
                                section 135(g); and
                  [(I)] (J) is updated and submitted to the 
                Secretary for approval as required under 
                subsection (d)(2).
          [(12)] (14) Systemic safety improvement.--The term 
        ``systemic safety improvement'' means an improvement 
        that is widely implemented based on high-risk roadway 
        features that are correlated with particular crash 
        types, rather than crash frequency.
          (15) Transportation management area.--The term 
        ``transportation management area'' means an area 
        designated under section 134(k).
          (16) Vulnerable road user.--The term ``vulnerable 
        road user'' means a nonmotorist--
                  (A) with a fatality analysis reporting system 
                person attribute code that is included in the 
                definition of the term ``number of non-
                motorized fatalities'' in section 490.205 of 
                title 23, Code of Federal Regulations (or 
                successor regulation); or
                  (B) described in the term ``number of non-
                motorized serious injuries'' in such section.
          (17) Vulnerable road user safety assessment.--The 
        term ``vulnerable road user safety assessment'' means 
        an assessment of the safety performance of the State or 
        a metropolitan planning organization within the State 
        with respect to vulnerable road users and the plan of 
        the State or metropolitan planning organization to 
        improve the safety of vulnerable road users described 
        in subsection (l).
  (b) Program.--
          (1) In general.--The Secretary shall carry out a 
        highway safety improvement program.
          (2) Purpose.--The purpose of the highway safety 
        improvement program shall be to achieve a significant 
        reduction in traffic fatalities and serious injuries on 
        all public roads, including non-State-owned public 
        roads and roads on tribal land.
  (c) Eligibility.--
          (1) In general.--To obligate funds apportioned under 
        section 104(b)(3) to carry out this section, a State 
        shall have in effect a State highway safety improvement 
        program under which the State--
                  (A) develops, implements, and updates a State 
                strategic highway safety plan that identifies 
                and analyzes highway safety problems and 
                opportunities as provided in subsections 
                [(a)(11)] (a)(13) and (d);
                  (B) produces a program of projects or 
                strategies to reduce identified safety 
                problems; and
                  (C) evaluates the strategic highway safety 
                plan on a regularly recurring basis in 
                accordance with subsection (d)(1) to ensure the 
                accuracy of the data and priority of proposed 
                strategies.
          (2) Identification and analysis of highway safety 
        problems and opportunities.--As part of the State 
        highway safety improvement program, a State shall--
                  (A) have in place a safety data system with 
                the ability to perform safety problem 
                identification and countermeasure analysis--
                          (i) to improve the timeliness, 
                        accuracy, completeness, uniformity, 
                        integration, and accessibility of the 
                        safety data on all public roads, 
                        including non-State-owned public roads 
                        and roads on tribal land in the State;
                          (ii) to evaluate the effectiveness of 
                        data improvement efforts;
                          (iii) to link State data systems, 
                        including traffic records, with other 
                        data systems within the State;
                          (iv) to improve the compatibility and 
                        interoperability of safety data with 
                        other State transportation-related data 
                        systems and the compatibility and 
                        interoperability of State safety data 
                        systems with data systems of other 
                        States and national data systems;
                          (v) to enhance the ability of the 
                        Secretary to observe and analyze 
                        national trends in crash occurrences, 
                        rates, outcomes, and circumstances; and
                          (vi) to improve the collection of 
                        data on nonmotorized crashes, 
                        consistent with the vulnerable road 
                        user safety assessment;
                  (B) based on the analysis required by 
                subparagraph (A)--
                          (i) identify, consistent with a safe 
                        system approach, hazardous locations, 
                        sections, and elements (including 
                        roadside obstacles, railway-highway 
                        crossing needs, excessive design speeds 
                        and speed limits, and unmarked or 
                        poorly marked roads) that constitute a 
                        danger to [motorists (including 
                        motorcyclists), bicyclists, 
                        pedestrians, and other highway users] 
                        road users;
                          (ii) using such criteria as the State 
                        determines to be appropriate, establish 
                        the relative severity of those 
                        locations, in terms of crashes 
                        (including crash rates), fatalities, 
                        serious injuries, traffic volume 
                        levels, and other relevant data;
                          (iii) identify the number of 
                        fatalities and serious injuries on all 
                        public roads by location in the State;
                          (iv) identify highway safety 
                        improvement projects on the basis of 
                        crash experience, crash potential, 
                        crash rate, or other data-supported 
                        means; and
                          (v) consider which projects maximize 
                        opportunities to advance safety;
                  (C) adopt strategic and performance-based 
                goals that--
                          (i) address traffic safety, including 
                        behavioral and infrastructure problems 
                        and opportunities on all public roads;
                          (ii) focus resources on areas of 
                        greatest need; and
                          (iii) are coordinated with other 
                        State highway safety programs;
                  (D) advance the capabilities of the State for 
                safety data collection, analysis, and 
                integration in a manner that--
                          (i) complements the State highway 
                        safety program under chapter 4 and the 
                        commercial vehicle safety plan under 
                        section 31102 of title 49;
                          (ii) includes all public roads, 
                        including public non-State-owned roads 
                        and roads on tribal land;
                          (iii) identifies hazardous locations, 
                        sections, and elements on all public 
                        roads that constitute a danger to 
                        [motorists (including motorcyclists), 
                        bicyclists, pedestrians, persons with 
                        disabilities, and other highway users] 
                        road users;
                          (iv) includes a means of identifying 
                        the relative severity of hazardous 
                        locations described in clause (iii) in 
                        terms of crashes (including crash 
                        rate), serious injuries, fatalities, 
                        and traffic volume levels; and
                          (v) improves the ability of the State 
                        to identify the number of fatalities 
                        and serious injuries on all public 
                        roads in the State with a breakdown by 
                        functional classification and ownership 
                        in the State;
                  (E)(i) determine priorities for the 
                correction of hazardous road locations, 
                sections, and elements (including railway-
                highway crossing improvements), as identified 
                through safety data analysis;
                  (ii) identify opportunities for preventing 
                the development of such hazardous conditions; 
                and
                  (iii) establish and implement a schedule of 
                highway safety improvement projects for hazard 
                correction and hazard prevention; and
                  (F)(i) establish an evaluation process to 
                analyze and assess results achieved by highway 
                safety improvement projects carried out in 
                accordance with procedures and criteria 
                established by this section; and
                  (ii) use the information obtained under 
                clause (i) in setting priorities for highway 
                safety improvement projects.
  (d) Updates to Strategic Highway Safety Plans.--
          (1) Establishment of requirements.--
                  (A) In general.--[Not later than 1 year after 
                the date of enactment of the MAP-21, the] The 
                Secretary shall establish requirements for 
                regularly recurring State updates of strategic 
                highway safety plans.
                  (B) Contents of updated strategic highway 
                safety plans.--In establishing requirements 
                under this subsection, the Secretary shall 
                ensure that States take into consideration, 
                with respect to updated strategic highway 
                safety plans--
                          (i) the findings of road safety 
                        audits;
                          (ii) the locations of fatalities and 
                        serious injuries;
                          (iii) the locations that do not have 
                        an empirical history of fatalities and 
                        serious injuries, but possess risk 
                        factors for potential crashes;
                          (iv) rural roads, including all 
                        public roads, commensurate with 
                        fatality and serious injury data;
                          (v) motor vehicle crashes that 
                        include fatalities or serious injuries 
                        to pedestrians and bicyclists;
                          (vi) the cost-effectiveness of 
                        improvements;
                          (vii) improvements to rail-highway 
                        grade crossings[; and];
                          (viii) the findings of a vulnerable 
                        road user safety assessment of the 
                        State; and
                          [(viii)] (ix) safety on all public 
                        roads, including non-State-owned public 
                        roads and roads on tribal land.
          (2) Approval of updated strategic highway safety 
        plans.--
                  (A) In general.--Each State shall--
                          (i) update the strategic highway 
                        safety plans of the State in accordance 
                        with the requirements established by 
                        the Secretary under this subsection; 
                        and
                          (ii) submit the updated plans to the 
                        Secretary, along with a detailed 
                        description of the process used to 
                        update the plan.
                  (B) Requirements for approval.--The Secretary 
                shall not approve the process for an updated 
                strategic highway safety plan unless--
                          (i) the updated strategic highway 
                        safety plan is consistent with the 
                        requirements of this subsection and 
                        [subsection (a)(11)] subsection 
                        (a)(13); and
                          (ii) the process used is consistent 
                        with the requirements of this 
                        subsection.
          (3) Penalty for failure to have an approved updated 
        strategic highway safety plan.--If a State does not 
        have an updated strategic highway safety plan with a 
        process approved by the Secretary by August 1 of the 
        fiscal year beginning after the date of establishment 
        of the requirements under paragraph (1), the State 
        shall not be eligible to receive any additional 
        limitation pursuant to the redistribution of the 
        limitation on obligations for Federal-aid highway and 
        highway safety construction programs that occurs after 
        August 1 for each succeeding fiscal year until the 
        fiscal year during which the plan is approved.
  (e) Eligible Projects.--
          (1) In general.--Funds apportioned to the State under 
        section 104(b)(3) may be obligated to carry out--
                  (A) any highway safety improvement project on 
                any public road or publicly owned bicycle or 
                pedestrian pathway or trail;
                  (B) as provided in subsection (g); or
                  (C) any project to maintain minimum levels of 
                retroreflectivity with respect to a public 
                road[, without regard to whether the project is 
                included in an applicable State strategic 
                highway safety plan].
          (2) Use of other funding for safety.--
                  (A) Effect of section.--Nothing in this 
                section prohibits the use of funds made 
                available under other provisions of this title 
                for highway safety improvement projects.
                  (B) Use of other funds.--States are 
                encouraged to address the full scope of the 
                safety needs and opportunities of the States by 
                using funds made available under other 
                provisions of this title (except a provision 
                that specifically prohibits that use).
          (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).
  (f) Data Improvement.--
          (1) Definition of data improvement activities.--In 
        this subsection, the following definitions apply:
                  (A) In general.--The term ``data improvement 
                activities'' means a project or activity to 
                further the capacity of a State to make more 
                informed and effective safety infrastructure 
                investment decisions.
                  (B) Inclusions.--The term ``data improvement 
                activities'' includes a project or activity--
                          (i) to create, update, or enhance a 
                        highway basemap of all public roads in 
                        a State;
                          (ii) to collect safety data, 
                        including data identified as part of 
                        the model inventory for roadway 
                        elements, for creation of or use on a 
                        highway basemap of all public roads in 
                        a State;
                          (iii) to store and maintain safety 
                        data in an electronic manner;
                          (iv) to develop analytical processes 
                        for safety data elements;
                          (v) to acquire and implement roadway 
                        safety analysis tools; and
                          (vi) to support the collection, 
                        maintenance, and sharing of safety data 
                        on all public roads and related systems 
                        associated with the analytical usage of 
                        that data.
          (2) Model inventory of roadway elements.--The 
        Secretary shall--
                  (A) establish a subset of the model inventory 
                of roadway elements that are useful for the 
                inventory of roadway safety; and
                  (B) ensure that States adopt and use the 
                subset to improve data collection.
  (g) Special Rules.--
          [(1) High-risk rural road safety.--If the fatality 
        rate on rural roads in a State increases over the most 
        recent 2-year period for which data are available, that 
        State shall be required to obligate in the next fiscal 
        year for projects on high risk rural roads an amount 
        equal to at least 200 percent of the amount of funds 
        the State received for fiscal year 2009 for high risk 
        rural roads under subsection (f) of this section, as in 
        effect on the day before the date of enactment of the 
        MAP-21.]
          (1) High-risk rural road safety.--
                  (A) In general.--If the Secretary determines 
                that the fatality rate on rural roads in a 
                State for the most recent 2-year period for 
                which data are available exceeds the median 
                fatality rate for rural roads among all States, 
                such State shall be required to--
                          (i) obligate over the 2 fiscal years 
                        following the fiscal year in which such 
                        determination is made for projects on 
                        high-risk rural roads an amount not 
                        less than 7.5 percent of the amounts 
                        apportioned to the State under section 
                        104(b)(3) for fiscal year 2020; and
                          (ii) include, in the subsequent 
                        update to the State strategic highway 
                        safety plan, strategies to reduce the 
                        fatality rate.
                  (B) Source of funds.--Any amounts obligated 
                under subparagraph (A) shall be from amounts 
                described under section 133(d)(1)(B).
                  (C) Annual determination.--The determination 
                described under subparagraph (A) shall be made 
                on an annual basis.
                  (D) Consultation.--In carrying out a project 
                with an amount obligated under subparagraph 
                (A), a State shall consult with, as applicable, 
                local governments, metropolitan planning 
                organizations, and regional transportation 
                planning organizations.
          (2) Older [drivers] road users.--If traffic 
        fatalities and serious injuries per capita for [drivers 
        and pedestrians] road users over the age of 65 in a 
        State increases during the most recent 2-year period 
        for which data are available, that State shall be 
        required to include, in the subsequent Strategic 
        Highway Safety Plan of the State, strategies to 
        [address the increases in] reduce those rates, taking 
        into account the recommendations included in the 
        publication of the Federal Highway Administration 
        entitled ``Highway Design Handbook for Older Drivers 
        and Pedestrians'' (FHWA-RD-01-103), and dated May 2001, 
        or as subsequently revised and updated.
          (3) Vulnerable road user safety.--
                  (A) High risk states.--
                          (i) Annual determination.--Beginning 
                        on the date of enactment of the INVEST 
                        in America Act, the Secretary shall 
                        determine on an annual basis whether 
                        the number of vulnerable road user 
                        fatalities and serious injuries per 
                        capita in a State over the most recent 
                        2-year period for which data are 
                        available exceeds the median number 
                        fatalities in all such areas over such 
                        2-year period.
                          (ii) Obligation requirement.--If the 
                        Secretary determines that the number of 
                        vulnerable road user fatalities and 
                        serious injuries per capita in a State 
                        over the most recent 2-year period for 
                        which data are available exceeds the 
                        median number of such fatalities and 
                        serious injuries per capita over such 
                        2-year period among all States, that 
                        State shall be required to obligate 
                        over the 2 fiscal years following the 
                        fiscal year in which such determination 
                        is made an amount that is not less than 
                        50 percent of the amount set aside in 
                        such State under section 133(h)(1) for 
                        fiscal year 2020 (less any amounts 
                        obligated for projects in that State as 
                        required by subparagraph (B)(ii)) for--
                                  (I) in the first two fiscal 
                                years after the enactment of 
                                the INVEST in America Act--
                                          (aa) performing the 
                                        vulnerable road user 
                                        safety assessment as 
                                        required by subsection 
                                        (l);
                                          (bb) providing 
                                        matching funds for 
                                        transportation 
                                        alternatives safety 
                                        projects as identified 
                                        in section 
                                        133(h)(7)(B); or
                                          (cc) projects 
                                        eligible under 
                                        subparagraphs (A), (B), 
                                        (C), or (I) of section 
                                        133(h); and
                                  (II) in each 2-year period 
                                thereafter, projects identified 
                                in the program of projects 
                                described in subsection 
                                (l)(2)(C).
                  (B) High risk areas.--
                          (i) Annual determination.--The 
                        Secretary shall determine on an annual 
                        basis whether the number of vulnerable 
                        road user fatalities per capita in a 
                        transportation management area over the 
                        most recent 2-year period for which 
                        data are available exceeds the median 
                        number fatalities in all such areas 
                        over such 2-year period.
                          (ii) Obligation requirement.--If the 
                        Secretary determines that the number of 
                        vulnerable road user fatalities per 
                        capita in the transportation management 
                        area over the most recent 2-year period 
                        for which data are available exceeds 
                        the median number of such fatalities 
                        over such 2-year period among all such 
                        areas, then there shall be required to 
                        be obligated over the 2 fiscal years 
                        following the fiscal year in which such 
                        determination is made, for projects 
                        identified in the program of projects 
                        described in subsection (l)(7)(C), an 
                        amount that is not less than 50 percent 
                        of the amount set aside for that 
                        urbanized area under section 133(h)(2) 
                        for fiscal year 2020.
                          (iii) Applicability.--The obligation 
                        requirement described in clause (ii) 
                        shall not take effect until the subject 
                        metropolitan planning organization has 
                        developed the vulnerable road user 
                        safety assessment described in 
                        subsection (l)(7).
                  (C) Source of funds.--
                          (i) In general.--Any amounts required 
                        to be obligated under this paragraph 
                        shall be from amounts apportioned under 
                        section 104(b) except for--
                                  (I) amounts described in 
                                section 133(d)(1)(A); and
                                  (II) amounts set aside under 
                                section 133(h).
                          (ii) Areas in a high risk state.--If 
                        an area subject to the obligation 
                        requirement described in subparagraph 
                        (B)(ii) is located in a State required 
                        to obligate funds to vulnerable road 
                        user safety under subparagraph (A)(ii), 
                        any obligations in such State for 
                        projects identified in the program of 
                        projects described in subsection 
                        (l)(7)(C) shall count toward such 
                        State's obligation requirement under 
                        subparagraph (A)(ii).
  (h) Reports.--
          (1) In general.--A State shall submit to the 
        Secretary a report that--
                  (A) describes progress being made to 
                implement highway safety improvement projects 
                and projects identified under a vulnerable road 
                user safety assessment under this section, 
                including any efforts to reduce vehicle speed;
                  (B) assesses the effectiveness of those 
                improvements; and
                  (C) describes the extent to which the 
                improvements funded under this section have 
                contributed to reducing--
                          (i) the number and rate of fatalities 
                        on all public roads with, to the 
                        maximum extent practicable, a breakdown 
                        by functional classification and 
                        ownership in the State;
                          (ii) the number and rate of serious 
                        injuries on all public roads with, to 
                        the maximum extent practicable, a 
                        breakdown by functional classification 
                        and ownership in the State; and
                          (iii) the occurrences of fatalities 
                        and serious injuries at railway-highway 
                        crossings.
          (2) Contents; schedule.--The Secretary shall 
        establish the content and schedule for the submission 
        of the report under paragraph (1).
          (3) Transparency.--The Secretary shall make strategic 
        highway safety plans submitted under subsection (d) and 
        reports submitted under this subsection available to 
        the public through--
                  (A) the website of the Department; and
                  (B) such other means as the Secretary 
                determines to be appropriate.
          (4) Discovery and admission into evidence of certain 
        reports, surveys, and information.--Notwithstanding any 
        other provision of law, reports, surveys, schedules, 
        lists, or data compiled or collected for any purpose 
        relating to this section, shall not be subject to 
        discovery or admitted into evidence in a Federal or 
        State court proceeding or considered for other purposes 
        in any action for damages arising from any occurrence 
        at a location identified or addressed in the reports, 
        surveys, schedules, lists, or other data.
  (i) State Performance Targets.--If the Secretary determines 
that a State has not met or made significant progress toward 
meeting the safety performance targets of the State established 
under section 150(d), the State shall--
          (1) use obligation authority equal to the 
        apportionment of the State for the prior year under 
        section 104(b)(3) only for highway safety improvement 
        projects under this section until the Secretary 
        determines that the State has met or made significant 
        progress toward meeting the safety performance targets 
        of the State; and
          (2) submit annually to the Secretary, until the 
        Secretary determines that the State has met or made 
        significant progress toward meeting the safety 
        performance targets of the State, an implementation 
        plan that--
                  (A) identifies roadway features that 
                constitute a hazard to road users;
                  (B) identifies highway safety improvement 
                projects on the basis of crash experience, 
                crash potential, or other data-supported means;
                  (C) describes how highway safety improvement 
                program funds will be allocated, including 
                projects, activities, and strategies to be 
                implemented;
                  (D) describes how the proposed projects, 
                activities, and strategies funded under the 
                State highway safety improvement program will 
                allow the State to make progress toward 
                achieving the [safety safety] safety 
                performance targets of the State; and
                  (E) describes the actions the State will 
                undertake to meet the safety performance 
                targets of the State.
  (j) Federal Share of Highway Safety Improvement Projects.--
Except as provided in sections 120 and 130, the Federal share 
of the cost of a highway safety improvement project carried out 
with funds apportioned to a State under section 104(b)(3) shall 
be 90 percent.
  (k) Data Collection on Unpaved Public Roads.--
          (1) In general.--A State may elect not to collect 
        fundamental data elements for the model inventory of 
        roadway elements on public roads that are gravel roads 
        or otherwise unpaved if--
                  (A) the State does not use funds provided to 
                carry out this section for a project on any 
                such roads until the State completes a 
                collection of the required model inventory of 
                roadway elements for the applicable road 
                segment; and
                  (B) the State demonstrates that the State 
                consulted with affected Indian tribes before 
                ceasing to collect data with respect to such 
                roads that are included in the National Tribal 
                Transportation Facility Inventory under section 
                202(b)(1) of this title.
          (2) Rule of construction.--Nothing in this subsection 
        may be construed to allow a State to cease data 
        collection related to serious injuries or fatalities.
  (l) Vulnerable Road User Safety Assessment.--
          (1) In general.--Not later than 1 year after date of 
        enactment of the INVEST in America Act, each State 
        shall create a vulnerable road user safety assessment.
          (2) Contents.--A vulnerable road user safety 
        assessment required under paragraph (1) shall include--
                  (A) a description of the location within the 
                State of each vulnerable road user fatality and 
                serious injury, including, if available, the 
                design speed of the roadway at any such 
                location;
                  (B) a description of any corridors identified 
                by a State, in coordination with local 
                governments, metropolitan planning 
                organizations, and regional transportation 
                planning organizations that pose a high risk of 
                a vulnerable road user fatality or serious 
                injury, including, if available, the design 
                speeds of such corridors; and
                  (C) a program of projects or strategies to 
                reduce safety risks to vulnerable road users in 
                corridors identified under subparagraph (B), in 
                coordination with local governments, 
                metropolitan planning organizations, and 
                regional transportation planning organizations 
                that represent a high-risk area identified 
                under subparagraph (B).
          (3) Analysis.--In creating a vulnerable road user 
        safety assessment under this subsection, a State shall 
        assess the last 5 years of available data.
          (4) Requirements.--In creating a vulnerable road user 
        safety assessment under this subsection, a State 
        shall--
                  (A) take into consideration a safe system 
                approach; and
                  (B) coordinate with local governments, 
                metropolitan planning organizations, and 
                regional transportation planning organizations 
                that represent a high-risk area identified 
                under paragraph (2)(B).
          (5) Update.--A State shall update a vulnerable road 
        user safety assessment on the same schedule as the 
        State updates the State strategic highway safety plan.
          (6) Transportation system access.--The program of 
        projects developed under paragraph (2)(C) may not 
        degrade transportation system access for vulnerable 
        road users.
          (7) Urbanized area assessments.--
                  (A) In general.--A metropolitan planning 
                organization representing a transportation 
                management area shall, in consultation with 
                local governments in such area, complete a 
                vulnerable road user safety assessment based on 
                the most recent 5 years of available data at 
                least once every 4 years.
                  (B) Contents.--The assessment completed under 
                subparagraph (A) shall include--
                          (i) a description of the location 
                        within the area of each vulnerable road 
                        user fatality and, if available, 
                        serious injury;
                          (ii) a description of any corridors 
                        that represent a high-risk area 
                        identified under paragraph (2)(B) or 
                        have otherwise been identified by the 
                        metropolitan planning organization or 
                        local government that pose a high risk 
                        of a vulnerable road user fatality or 
                        serious injury; and
                          (iii) a program of projects or 
                        strategies to reduce safety risks to 
                        vulnerable road users in corridors 
                        identified under subparagraph (B).
  (m) Safe Streets for All.--
          (1) Safe streets set-aside.--
                  (A) Establishment.--The Secretary shall 
                establish a safe streets program to eliminate 
                the occurrence of transportation-related 
                fatalities and serious injuries on public 
                roads, with a focus on vulnerable road users.
                  (B) Amount.--Of the funds apportioned to a 
                State under section 104(b)(3) for each fiscal 
                year, the Secretary shall reserve an amount 
                such that--
                          (i) the Secretary reserves a total 
                        under this subsection of $500,000,000 
                        for each of fiscal years 2023 through 
                        2026; and
                          (ii) the State's share of that total 
                        is distributed in the same manner as 
                        the amount apportioned to the State 
                        under section 104(b)(3) for each fiscal 
                        year bears to the total amount of funds 
                        apportioned to all States under such 
                        section.
          (2) Suballocation.--For each fiscal year for which 
        funds are set aside under this subsection, such funds 
        shall be obligated within a State in the manner 
        described in subsections (d) and (e) of section 133, 
        except that, for the purposes of this subsection, the 
        percentage referred to in section 133(d)(1)(A) shall be 
        treated as 100 percent.
          (3) Use of funds.--
                  (A) In general.--Funds set aside under this 
                subsection shall be available for obligation--
                          (i) for a complete streets project 
                        that supports the safe, comfortable, 
                        convenient, and independent movement of 
                        all users of the transportation system, 
                        of all ages and abilities, consistent 
                        with context sensitive design 
                        principles;
                          (ii) for activities eligible under 
                        the safe routes to school program under 
                        section 211;
                          (iii) to develop and implement the 
                        policies and procedures described in 
                        section 109(s);
                          (iv) for any element of vision zero 
                        planning described under section 1601 
                        of the INVEST in America Act and to 
                        implement an existing vision zero plan;
                          (v) for other activities in 
                        furtherance of the vulnerable road user 
                        safety assessment of the State or the 
                        metropolitan planning organization 
                        described under subsection (l); and
                          (vi) for any other project, program, 
                        or plan eligible under this section 
                        that provides for the safe and adequate 
                        accommodation of all users of the 
                        surface transportation network, as 
                        determined by the Secretary.
                  (B) Special rule.--If a State or metropolitan 
                planning organization demonstrates to the 
                satisfaction of the Secretary that such State 
                or metropolitan planning organization has met 
                all its needs for vulnerable road user safety 
                under this section, the State or metropolitan 
                planning organization may use funds made 
                available under this subsection for other 
                highway safety improvement program purposes, 
                subject to the suballocation under paragraph 
                (2). The Secretary may not make a determination 
                under this subparagraph if the State or 
                metropolitan planning organization has been 
                subject to the special rule described in 
                subsection (g)(3) within the last 5 years.

Sec. 149. Congestion mitigation and air quality improvement program

  (a) Establishment.--The Secretary shall establish and 
implement a congestion mitigation and air quality improvement 
program in accordance with this section.
  (b) Eligible Projects.--Except as provided in subsection (d), 
a State may obligate funds apportioned to it under section 
104(b)(4) for the congestion mitigation and air quality 
improvement program only for a transportation project or 
program if the project or program is for an area in the State 
that is or was designated as a nonattainment area for ozone, 
carbon monoxide, or particulate matter under section 107(d) of 
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant 
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air 
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or 
was designated as a nonattainment area under such section 
107(d) after December 31, 1997, or is required to prepare, and 
file with the Administrator of the Environmental Protection 
Agency, maintenance plans under the Clean Air Act (42 U.S.C. 
7401 et seq.) and--
          (1)(A)(i) if the Secretary, after consultation with 
        the Administrator determines, on the basis of 
        information published by the Environmental Protection 
        Agency pursuant to section 108(f)(1)(A) of the Clean 
        Air Act (other than clause (xvi)) that the project or 
        program is likely to contribute to--
                  (I) the attainment of a national ambient air 
                quality standard in the designated 
                nonattainment area; or
                  (II) the maintenance of a national ambient 
                air quality standard in a maintenance area; and
          (ii) a high level of effectiveness in reducing air 
        pollution, in cases of projects or programs where 
        sufficient information is available in the database 
        established pursuant to [subsection (h)] subsection (i) 
        to determine the relative effectiveness of such 
        projects or programs[; or,]; or
          (B) in any case in which such information is not 
        available, if the Secretary, after such consultation, 
        determines that the project or program is part of a 
        program, method, or strategy described in such section 
        108(f)(1)(A);
          (2) if the project or program is included in a State 
        implementation plan that has been approved pursuant to 
        the Clean Air Act and the project will have air quality 
        benefits;
          (3) the Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        determines that the project or program is likely to 
        contribute to the attainment or maintenance of a 
        national ambient air quality standard, whether through 
        reductions in vehicle miles traveled, fuel consumption, 
        or through other factors;
          (4) to establish or operate a traffic monitoring, 
        management, and control facility or program, including 
        advanced truck stop electrification systems, if the 
        Secretary, after consultation with the Administrator of 
        the Environmental Protection Agency, determines that 
        the facility or program is likely to contribute to the 
        attainment or maintenance in the area of a national 
        ambient air quality standard;
          (5) if the program or project improves traffic flow, 
        including projects to improve signalization, construct 
        high occupancy vehicle lanes, improve intersections, 
        add turning lanes, improve transportation systems 
        management and operations that mitigate congestion and 
        improve air quality, and implement intelligent 
        transportation system strategies and such other 
        projects that are eligible for assistance under this 
        section on the day before the date of enactment of this 
        paragraph, including programs or projects to improve 
        incident and emergency response or improve mobility, 
        such as through real-time traffic, transit, and 
        multimodal traveler information;
          (6) if the project or program involves the purchase 
        of integrated, interoperable emergency communications 
        equipment;
          (7) if the project or program shifts traffic demand 
        to nonpeak hours or other transportation modes, 
        increases vehicle occupancy rates, or otherwise reduces 
        demand for roads through such means as telecommuting, 
        ridesharing, carsharing shared micromobility (including 
        bikesharing and shared scooter systems), publicly 
        accessible charging stations, docks, and storage for 
        electric bicycles and micromobility devices,, 
        alternative work hours, and pricing;
          (8) if the project or program is for--
                  (A) the purchase of diesel retrofits that 
                are--
                          (i) for motor vehicles (as defined in 
                        section 216 of the Clean Air Act (42 
                        U.S.C. 7550)); or
                          (ii) verified technologies (as 
                        defined in section 791 of the Energy 
                        Policy Act of 2005 (42 U.S.C. 16131)) 
                        for non-road vehicles and non-road 
                        engines (as defined in section 216 of 
                        the Clean Air Act (42 U.S.C. 7550)) 
                        that are used in construction projects 
                        or port-related freight operations that 
                        are--
                                  (I) located in nonattainment 
                                or maintenance areas for ozone, 
                                PM10, or 
                                PM2.5 (as defined 
                                under the Clean Air Act (42 
                                U.S.C. 7401 et seq.)); and
                                  (II) funded, in whole or in 
                                part, under this title or 
                                chapter 53 of title 49; or
                  (B) the conduct of outreach activities that 
                are designed to provide information and 
                technical assistance to the owners and 
                operators of diesel equipment and vehicles 
                regarding the purchase and installation of 
                diesel retrofits[; or];
          (9) if the project or program is for the installation 
        of vehicle-to-infrastructure communication 
        equipment[.]; or
          (10) if the project or program mitigates seasonal or 
        temporary traffic congestion from long-haul travel or 
        tourism.
  (c) Special Rules.--
          (1) Projects for pm-10 nonattainment areas.--A State 
        may obligate funds apportioned to the State under 
        section 104(b)(4) for a project or program for an area 
        that is nonattainment for ozone or carbon monoxide, or 
        both, and for PM-10 resulting from transportation 
        activities, without regard to any limitation of the 
        Department of Transportation relating to the type of 
        ambient air quality standard such project or program 
        addresses.
          (2) Electric vehicle, hydrogen vehicle, and natural 
        gas vehicle infrastructure.--A State may obligate funds 
        apportioned under section 104(b)(4) for a project or 
        program to establish electric vehicle charging stations 
        or hydrogen or natural gas vehicle refueling stations 
        for the use of battery powered, hydrogen-powered, or 
        natural gas fueled trucks or other motor vehicles at 
        any location in the State (giving priority to corridors 
        designated under section 151) except that such stations 
        may not be established or supported where commercial 
        establishments serving motor vehicle users are 
        prohibited by section 111 of title 23, United States 
        Code.
          (3) HOV facilities.--No funds may be provided under 
        this section for a project which will result in the 
        construction of new capacity available to single 
        occupant vehicles unless the project consists of a high 
        occupancy vehicle facility available to single occupant 
        vehicles only at other than peak travel times, and is 
        consistent with section 166.
  (d) States Flexibility.--
          (1) States without a nonattainment area.--If a State 
        does not have, and never has had, a nonattainment area 
        designated under the Clean Air Act (42 U.S.C. 7401 et 
        seq.), the State may use funds apportioned to the State 
        under section 104(b)(4) for any project in the State 
        that--
                  (A) would otherwise be eligible under 
                subsection (b) as if the project were carried 
                out in a nonattainment or maintenance area; or
                  (B) is eligible under the surface 
                transportation [block grant] program under 
                section 133.
          (2) States with a nonattainment area.--
                  (A) In general.--If a State has a 
                nonattainment area or maintenance area and 
                received funds in fiscal year 2009 under 
                section 104(b)(2)(D), as in effect on the day 
                before the date of enactment of the MAP-21, 
                above the amount of funds that the State would 
                have received based on the nonattainment and 
                maintenance area population of the State under 
                subparagraphs (B) and (C) of section 104(b)(2), 
                as in effect on the day before the date of 
                enactment of the MAP-21, the State may use for 
                any project that would otherwise be eligible 
                under subsection (b) if the project were 
                carried out in a nonattainment or maintenance 
                area or is eligible under the surface 
                transportation [block grant] program under 
                section 133 an amount of funds apportioned to 
                such State under section 104(b)(4) that is 
                equal to the product obtained by multiplying--
                          (i) the amount apportioned to such 
                        State under section 104(b)(4) 
                        (excluding the amount of funds reserved 
                        under subsection (k)(1)); by
                          (ii) the ratio calculated under 
                        subparagraph (B).
                  (B) Ratio.--For purposes of this paragraph, 
                the ratio shall be calculated as the proportion 
                that--
                          (i) the amount for fiscal year 2009 
                        such State was permitted by section 
                        149(c)(2), as in effect on the day 
                        before the date of enactment of the 
                        MAP-21, to obligate in any area of the 
                        State for projects eligible under 
                        section 133, as in effect on the day 
                        before the date of enactment of the 
                        MAP-21; bears to
                          (ii) the total apportionment to such 
                        State for fiscal year 2009 under 
                        section 104(b)(2), as in effect on the 
                        day before the date of enactment of the 
                        MAP-21.
          (3) Changes in designation.--If a new nonattainment 
        area is designated or a previously designated 
        nonattainment area is redesignated as an attainment 
        area in a State under the Clean Air Act (42 U.S.C. 7401 
        et seq.), the Secretary shall modify, in a manner 
        consistent with the approach that was in effect on the 
        day before the date of enactment of MAP-21, the amount 
        such State is permitted to obligate in any area of the 
        State for projects eligible under section 133.
  (e) Applicability of Planning Requirements.--Programming and 
expenditure of funds for projects under this section shall be 
consistent with the requirements of sections 134 and 135 of 
this title.
  (f) Partnerships With Nongovernmental Entities.--
          (1) In general.--Notwithstanding any other provision 
        of this title and in accordance with this subsection, a 
        metropolitan planning organization, State 
        transportation department, or other project sponsor may 
        enter into an agreement with any public, private, or 
        nonprofit entity to cooperatively implement any project 
        carried out under this section.
          (2) Forms of participation by entities.--
        Participation by an entity under paragraph (1) may 
        consist of--
                  (A) ownership or operation of any land, 
                facility, vehicle, or other physical asset 
                associated with the project;
                  (B) cost sharing of any project expense;
                  (C) carrying out of administration, 
                construction management, project management, 
                project operation, or any other management or 
                operational duty associated with the project; 
                and
                  (D) any other form of participation approved 
                by the Secretary.
          (3) Allocation to entities.--A State may allocate 
        funds apportioned under section 104(b)(4) to an entity 
        described in paragraph (1).
          (4) Alternative fuel projects.--In the case of a 
        project that will provide for the use of alternative 
        fuels by privately owned vehicles or vehicle fleets, 
        activities eligible for funding under this subsection--
                  (A) may include the costs of vehicle 
                refueling infrastructure, including 
                infrastructure that would support the 
                development, production, and use of emerging 
                technologies that reduce emissions of air 
                pollutants from motor vehicles, and other 
                capital investments associated with the 
                project;
                  (B) shall include only the incremental cost 
                of an alternative fueled vehicle, as compared 
                to a conventionally fueled vehicle, that would 
                otherwise be borne by a private party; and
                  (C) shall apply other governmental financial 
                purchase contributions in the calculation of 
                net incremental cost.
          (5) Prohibition on federal participation with respect 
        to required activities.--A Federal participation 
        payment under this subsection may not be made to an 
        entity to fund an obligation imposed under the Clean 
        Air Act (42 U.S.C. 7401 et seq.) or any other Federal 
        law.
  (g) Cost-Effective Emission Reduction Guidance.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Administrator.--The term 
                ``Administrator'' means the Administrator of 
                the Environmental Protection Agency.
                  (B) Diesel retrofit.--The term ``diesel 
                retrofit'' means a replacement, repowering, 
                rebuilding, after treatment, or other 
                technology, as determined by the Administrator.
          (2) Emission reduction guidance.--The Administrator, 
        in consultation with the Secretary, shall publish a 
        list of diesel retrofit technologies and supporting 
        technical information for--
                  (A) diesel emission reduction technologies 
                certified or verified by the Administrator, the 
                California Air Resources Board, or any other 
                entity recognized by the Administrator for the 
                same purpose;
                  (B) diesel emission reduction technologies 
                identified by the Administrator as having an 
                application and approvable test plan for 
                verification by the Administrator or the 
                California Air Resources Board that is 
                submitted not later than 18 months of the date 
                of enactment of this subsection[;]; and
                  (C) available information regarding the 
                emission reduction effectiveness and cost 
                effectiveness of technologies identified in 
                this paragraph, taking into consideration air 
                quality and health effects.
          (3) Priority consideration.--States and metropolitan 
        planning organizations shall give priority in areas 
        designated as nonattainment or maintenance for PM2.5 
        under the Clean Air Act (42 U.S.C. 7401 et seq.) in 
        distributing funds received for congestion mitigation 
        and air quality projects and programs from 
        apportionments under section 104(b)(4) to projects that 
        are proven to reduce PM2.5, including diesel retrofits.
          (4) No effect on authority or restrictions.--Nothing 
        in this subsection modifies or otherwise affects any 
        authority or restriction established under the Clean 
        Air Act (42 U.S.C. 7401 et seq.) or any other law 
        (other than provisions of this title relating to 
        congestion mitigation and air quality).
  (h) Interagency Consultation.--The Secretary shall encourage 
States and metropolitan planning organizations to consult with 
State and local air quality agencies in nonattainment and 
maintenance areas on the estimated emission reductions from 
proposed congestion mitigation and air quality improvement 
programs and projects.
  (i) Evaluation and Assessment of Projects.--
          (1) Database.--
                  (A) In general.--Using appropriate 
                assessments of projects funded under the 
                congestion mitigation and air quality program 
                and results from other research, the Secretary 
                shall maintain and disseminate a cumulative 
                database describing the impacts of the 
                projects, including specific information about 
                each project, such as the project name, 
                location, sponsor, cost, and, to the extent 
                already measured by the project sponsor, cost-
                effectiveness, based on reductions in 
                congestion and emissions.
                  (B) Availability.--The database shall be 
                published or otherwise made readily available 
                by the Secretary in electronically accessible 
                format and means, such as the Internet, for 
                public review.
          (2) Cost effectiveness.--
                  (A) In general.--The Secretary, in 
                consultation with the Administrator of the 
                Environmental Protection Agency, shall evaluate 
                projects on a periodic basis and develop a 
                table or other similar medium that illustrates 
                the cost-effectiveness of a range of project 
                types eligible for funding under this section 
                as to how the projects mitigate congestion and 
                improve air quality.
                  (B) Contents.--The table described in 
                subparagraph (A) shall show measures of cost-
                effectiveness, such as dollars per ton of 
                emissions reduced, and assess those measures 
                over a variety of timeframes to capture impacts 
                on the planning timeframes outlined in section 
                134.
                  (C) Use of table.--States and metropolitan 
                planning organizations shall consider the 
                information in the table when selecting 
                projects or developing performance plans under 
                subsection (l).
  (j) Optional Programmatic Eligibility.--
          (1) In general.--At the discretion of a metropolitan 
        planning organization, a technical assessment of a 
        selected program of projects may be conducted through 
        modeling or other means to demonstrate the emissions 
        reduction projection required under this section.
          (2) Applicability.--If an assessment described in 
        paragraph (1) successfully demonstrates an emissions 
        reduction, all projects included in such assessment 
        shall be eligible for obligation under this section 
        without further demonstration of emissions reduction of 
        individual projects included in such assessment.
  (k) Priority for Use of Funds in PM2.5 Areas.--
          (1) In general.--For any State that has a 
        nonattainment or maintenance area for fine particulate 
        matter, an amount equal to 25 percent of the funds 
        apportioned to each State under section 104(b)(4) for a 
        nonattainment or maintenance area that are based all or 
        in part on the weighted population of such area in fine 
        particulate matter nonattainment shall be obligated to 
        projects that reduce such fine particulate matter 
        emissions in such area, including diesel retrofits.
          (2) Construction equipment and vehicles.--In order to 
        meet the requirements of paragraph (1), a State or 
        metropolitan planning organization may elect to 
        obligate funds to install diesel emission control 
        technology on nonroad diesel equipment or on-road 
        diesel equipment that is operated on a highway 
        construction project within a PM2.5 nonattainment or 
        maintenance area.
          (3) PM2.5 nonattainment and maintenance in low 
        population density states.--
                  (A) Exception.--In any State with a 
                population density of 80 or fewer persons per 
                square mile of land area, based on the most 
                recent decennial census, the requirements under 
                subsection (g)(3) and paragraphs (1) and (2) of 
                this subsection shall not apply to a 
                nonattainment or maintenance area in the State 
                if--
                          (i) the nonattainment or maintenance 
                        area does not have projects that are 
                        part of the emissions analysis of a 
                        metropolitan transportation plan or 
                        transportation improvement program; and
                          (ii) regional motor vehicle emissions 
                        are an insignificant contributor to the 
                        air quality problem for PM2.5 in the 
                        nonattainment or maintenance area.
                  (B) Calculation.--If subparagraph (A) applies 
                to a nonattainment or maintenance area in a 
                State, the percentage of the PM2.5 set-aside 
                under paragraph (1) shall be reduced for that 
                State proportionately based on the weighted 
                population of the area in fine particulate 
                matter nonattainment.
          (4) Port-related equipment and vehicles.--To meet the 
        requirements under paragraph (1), a State or 
        metropolitan planning organization may elect to 
        obligate funds to the most cost-effective projects to 
        reduce emissions from port-related landside nonroad or 
        on-road equipment that is operated within the 
        boundaries of a PM2.5 nonattainment or maintenance 
        area.
  (l) Performance Plan.--
          (1) In general.--Each metropolitan planning 
        organization serving a transportation management area 
        (as defined in section 134) with a population over 
        1,000,000 people representing a nonattainment or 
        maintenance area shall develop a performance plan 
        that--
                  (A) includes an area baseline level for 
                traffic congestion and on-road mobile source 
                emissions for which the area is in 
                nonattainment or maintenance;
                  (B) describes progress made in achieving the 
                air quality and traffic congestion performance 
                targets described in section 150(d); and
                  (C) includes a description of projects 
                identified for funding under this section and 
                how such projects will contribute to achieving 
                emission and traffic congestion reduction 
                targets.
          (2) Updated plans.--Performance plans shall be 
        updated biennially and include a separate report that 
        assesses the progress of the program of projects under 
        the previous plan in achieving the air quality and 
        traffic congestion targets of the previous plan.
  [(m) Operating Assistance.--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 on a State-Supported Amtrak route with a 
valid cost-sharing agreement under section 209 of the Passenger 
Rail Investment and Improvement Act of 2008 and no current 
nonattainment areas under subsection (d), and shall have no 
imposed time limitation.]
  (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. 150. National goals and performance management measures

  (a) Declaration of Policy.--Performance management will 
transform the Federal-aid highway program and provide a means 
to the most efficient investment of Federal transportation 
funds by refocusing on national transportation goals, 
increasing the accountability and transparency of the Federal-
aid highway program, and improving project decisionmaking 
through performance-based planning and programming.
  (b) National Goals.--It is in the interest of the United 
States to focus the Federal-aid highway program on the 
following national goals:
          (1) Safety.--To achieve a significant reduction or 
        elimination in traffic fatalities and serious injuries 
        on all public roads.
          (2) Infrastructure condition.--To maintain the 
        highway infrastructure asset system in a state of good 
        repair.
          (3) Congestion reduction.--To achieve a significant 
        reduction in congestion on the National Highway System.
          (4) System reliability.--To improve the efficiency of 
        the surface transportation system.
          (5) Freight movement and economic vitality.--To 
        improve the National Highway Freight Network, 
        strengthen the ability of rural communities to access 
        national and international trade markets, and support 
        regional economic development.
          (6) Environmental sustainability.--To enhance the 
        performance of the transportation system while 
        protecting and enhancing the natural environment.
          (7) Combating climate change.--To reduce carbon 
        dioxide and other greenhouse gas emissions and reduce 
        the climate impacts of the transportation system.
          [(7)] (8) Reduced project delivery delays.--To reduce 
        project costs, promote jobs and the economy, and 
        expedite the movement of people and goods by 
        accelerating project completion through eliminating 
        delays in the project development and delivery process, 
        including reducing regulatory burdens and improving 
        agencies' work practices.
  (c) Establishment of Performance Measures.--
          (1) In general.--[Not later than 18 months after the 
        date of enactment of the MAP-21, the Secretary] The 
        Secretary, in consultation with State departments of 
        transportation, metropolitan planning organizations, 
        and other stakeholders, shall promulgate a rulemaking 
        that establishes performance measures and standards.
          (2) Administration.--In carrying out paragraph (1), 
        the Secretary shall--
                  (A) provide States, metropolitan planning 
                organizations, and other stakeholders not less 
                than 90 days to comment on any regulation 
                proposed by the Secretary under that paragraph;
                  (B) take into consideration any comments 
                relating to a proposed regulation received 
                during that comment period; and
                  (C) limit performance measures only to those 
                described in this subsection.
          (3) National highway performance program.--
                  (A) In general.--Subject to subparagraph (B), 
                for the purpose of carrying out section 119, 
                the Secretary shall establish--
                          (i) minimum standards for States to 
                        use in developing and operating bridge 
                        and pavement management systems;
                          (ii) measures for States to use to 
                        assess--
                                  (I) the condition of 
                                pavements on the Interstate 
                                system;
                                  (II) the condition of 
                                pavements on the National 
                                Highway System (excluding the 
                                Interstate);
                                  (III) the condition of 
                                bridges on the National Highway 
                                System;
                                  (IV) the performance of the 
                                Interstate System; and
                                  (V) the performance of the 
                                National Highway System 
                                (excluding the Interstate 
                                System);
                          (iii) minimum levels for the 
                        condition of pavement on the Interstate 
                        System, only for the purposes of 
                        carrying out section 119(f)(1); and
                          (iv) the data elements that are 
                        necessary to collect and maintain 
                        standardized data to carry out a 
                        performance-based approach.
                  (B) Regions.--In establishing minimum 
                condition levels under subparagraph (A)(iii), 
                if the Secretary determines that various 
                geographic regions of the United States 
                experience disparate factors contributing to 
                the condition of pavement on the Interstate 
                System in those regions, the Secretary may 
                establish different minimum levels for each 
                region.
          (4) Highway safety improvement program.--For the 
        purpose of carrying out section 148, the Secretary 
        shall establish measures for States to use to assess--
                  (A) serious injuries and fatalities per 
                vehicle mile traveled; and
                  (B) the number of serious injuries and 
                fatalities.
          (5) Congestion mitigation and air quality program.--
        For the purpose of carrying out section 149, the 
        Secretary shall establish measures for States to use to 
        assess--
                  (A) traffic congestion; and
                  (B) on-road mobile source emissions.
          (6) National freight movement.--The Secretary shall 
        establish measures for States to use to assess freight 
        movement on the Interstate System.
          (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;
                  (B) carbon dioxide emissions using different 
                parameters than described in subparagraph (A) 
                that the Secretary determines to be 
                appropriate; and
                  (C) any other greenhouse gas emissions on 
                public roads that the Secretary determines to 
                be appropriate.
  (d) Establishment of Performance Targets.--
          (1) In general.--[Not later than 1 year after the 
        Secretary has promulgated the final rulemaking under 
        subsection (c), each] Each State shall set performance 
        targets that reflect the measures identified in 
        paragraphs (3), (4), (5), [and (6)] (6), and (7) of 
        subsection (c).
          (2) Different approaches for urban and rural areas.--
        In the development and implementation of any 
        performance target, a State may, as appropriate, 
        provide for different performance targets for urbanized 
        and rural areas.
          (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.
  (e) Reporting on Performance Targets.--[Not later than 4 
years after the date of enactment of the MAP-21 and biennially 
thereafter, a] A State shall submit to the Secretary a biennial 
report that describes--
          (1) the condition and performance of the National 
        Highway System in the State;
          (2) the effectiveness of the investment strategy 
        document in the State asset management plan for the 
        National Highway System;
          (3) progress in achieving performance targets 
        identified under subsection (d); and
          (4) the ways in which the State is addressing 
        congestion at freight bottlenecks, including those 
        identified in the national freight strategic plan, 
        within the State.
  (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.

Sec. 151. National electric vehicle charging and hydrogen, propane, and 
                    natural gas fueling corridors

  (a) In General.--[Not later than 1 year after the date of 
enactment of the FAST Act, the Secretary shall] The Secretary 
shall periodically designate national electric vehicle charging 
and hydrogen, propane, and natural gas fueling corridors that 
identify the near- and long-term need for, and location of, 
electric vehicle charging infrastructure, hydrogen fueling 
infrastructure, propane fueling infrastructure, and natural gas 
fueling infrastructure at strategic locations along major 
national highways to improve the mobility of passenger and 
commercial vehicles that employ electric, hydrogen fuel cell, 
propane, and natural gas fueling technologies across the United 
States.
  (b) Designation of Corridors.--In designating the corridors 
under subsection (a), the Secretary shall--
          (1) solicit nominations from State and local 
        officials for facilities to be included in the 
        corridors;
          (2) incorporate existing electric vehicle charging, 
        hydrogen fueling, propane fueling, and natural gas 
        fueling corridors previously designated by the Federal 
        Highway Administration or designated by a State or 
        group of States; and
          (3) consider the demand for, and location of, 
        existing electric vehicle charging stations, hydrogen 
        fueling stations, propane fueling stations, and natural 
        gas fueling infrastructure.
  (c) Stakeholders.--In designating corridors under subsection 
(a), the Secretary shall involve, on a voluntary basis, 
stakeholders that include--
          (1) the heads of other Federal agencies;
          (2) State and local officials;
          (3) representatives of--
                  (A) energy utilities;
                  (B) the electric, fuel cell electric, 
                propane, and natural gas vehicle industries;
                  (C) the freight and shipping industry;
                  (D) clean technology firms;
                  (E) the hospitality industry;
                  (F) the restaurant industry;
                  (G) highway rest stop vendors; and
                  (H) industrial gas and hydrogen 
                manufacturers; and
          (4) such other stakeholders as the Secretary 
        determines to be necessary.
  (d) Redesignation.--[Not later than]
          (1) In general._Not later than  [5 years after the 
        date of establishment of the corridors under subsection 
        (a), and every 5 years thereafter] 180 days after the 
        date of enactment of the INVEST in America Act, the 
        Secretary shall establish a recurring process to 
        regularly update and redesignate the corridors.
          (2) Freight corridors.--Not later than 1 year after 
        the date of enactment of the INVEST in America Act, the 
        Secretary shall designate national electric vehicle 
        charging and hydrogen fueling freight corridors that 
        identify the near- and long-term need for, and the 
        location of, electric vehicle charging and hydrogen 
        fueling infrastructure to support freight and goods 
        movement at strategic locations along major national 
        highways, the National Highway Freight Network, and 
        goods movement locations including ports, intermodal 
        centers, and warehousing locations.
  (e) Report.--During designation and redesignation of the 
corridors under this section, the Secretary shall issue a 
report that--
          (1) identifies electric vehicle charging 
        infrastructure, hydrogen fueling infrastructure, 
        propane fueling infrastructure, and natural gas fueling 
        infrastructure and standardization needs for 
        electricity providers, industrial gas providers, 
        natural gas providers, infrastructure providers, 
        vehicle manufacturers, electricity purchasers, and 
        natural gas purchasers[; and];
          (2) [establishes an aspirational goal of achieving] 
        describes efforts to achieve strategic deployment of 
        electric vehicle charging infrastructure, hydrogen 
        fueling infrastructure, propane fueling infrastructure, 
        and natural gas fueling infrastructure in those 
        corridors [by the end of fiscal year 2020.], including 
        progress on the implementation of subsection (f); and
          (3) summarizes best practices and provides guidance, 
        developed through consultation with the Secretary of 
        Energy, for project development of electric vehicle 
        charging infrastructure to allow for the predictable 
        deployment of such infrastructure.
  (f) Clean Corridors Program.--
          (1) Establishment.--There is established a clean 
        corridors program (referred to in this subsection as 
        the ``Program'') to provide funding to States to 
        strategically deploy electric vehicle charging and 
        hydrogen fueling infrastructure along alternative fuel 
        corridors and to establish an interconnected network to 
        facilitate data collection, access, and reliability.
          (2) Purpose.--The purpose of the Program is to 
        provide funding for--
                  (A) the acquisition and installation of 
                electric vehicle charging infrastructure and 
                hydrogen fueling infrastructure to serve as a 
                catalyst for the deployment of such 
                infrastructure and to connect it to a network 
                to facilitate data collection, access, and 
                reliability;
                  (B) proper operation and maintenance of 
                electric vehicle charging infrastructure; and
                  (C) data sharing about charging and fueling 
                infrastructure to ensure the long-term success 
                of investments made through the Program.
          (3) Alternative distribution of funds.--
                  (A) Plan.--The Secretary shall establish a 
                deadline by which a State shall provide a plan 
                to the Secretary, in such form and such manner 
                that the Secretary requires, describing how 
                such State intends to use its allocation under 
                this section.
                  (B) Efficient obligation of funds.--If a 
                State fails to submit the plan required by 
                subparagraph (A) to the Secretary in a timely 
                manner, or if the Secretary determines a State 
                has not taken sufficient action to carry out 
                its plan, the Secretary may--
                          (i) withdraw from the State the funds 
                        that were apportioned to the State for 
                        a fiscal year under section 104(b)(10);
                          (ii) award such funds on a 
                        competitive basis to local units of 
                        government within the State for use on 
                        projects that meet the eligibility 
                        requirements described in paragraph 
                        (4); and
                          (iii) ensure timely obligation of 
                        such funds.
                  (C) Redistribution among states.--If the 
                Secretary determines that any funds withdrawn 
                from a State under subparagraph (B)(i) cannot 
                be fully awarded to local units of government 
                within the State under subparagraph (B)(ii) in 
                a manner consistent with the purpose of this 
                subsection, any such funds remaining under 
                subparagraph (B)(i) shall be--
                          (i) apportioned among other States 
                        (except States for which funds for that 
                        fiscal year have been withdrawn under 
                        subparagraph (B)(i)) in the same ratio 
                        as funds apportioned for that fiscal 
                        year under section 104(b)(10)(C) for 
                        the Program; and
                          (ii) only available to carry out this 
                        section.
          (4) Eligible projects.--
                  (A) In general.--Funding made available under 
                this subsection shall be for projects--
                          (i) directly related to the electric 
                        charging or hydrogen fueling of a 
                        vehicle; and
                          (ii) only for infrastructure that is 
                        open to the general public or to 
                        authorized commercial motor vehicle 
                        operators from more than 1 company.
                  (B) Location of infrastructure.--
                          (i) In general.--Any charging or 
                        fueling infrastructure acquired or 
                        installed with funding under this 
                        subsection shall be located along an 
                        alternative fuel corridor.
                          (ii) Guidance.--Not later than 90 
                        days after the date of enactment of the 
                        INVEST in America Act, the Secretary of 
                        Transportation, in coordination with 
                        the Secretary of Energy, shall develop 
                        guidance for States and localities to 
                        strategically deploy charging and 
                        fueling infrastructure along 
                        alternative fuel corridors, consistent 
                        with this section.
                          (iii) Additional considerations.--In 
                        developing the guidance required under 
                        clause (ii), the Secretary of 
                        Transportation, in coordination with 
                        the Secretary of Energy, shall 
                        consider--
                                  (I) the distance between 
                                publicly available charging and 
                                fueling infrastructure eligible 
                                under this section;
                                  (II) connections to the 
                                electric grid or fuel 
                                distribution system, including 
                                electric distribution upgrades, 
                                vehicle-to-grid integration, 
                                including smart charge 
                                management or other protocols 
                                that can minimize impacts to 
                                the electric grid, and 
                                alignment with electric 
                                distribution interconnection 
                                processes;
                                  (III) plans to protect the 
                                electric grid from added load 
                                of charging distribution 
                                systems from adverse impacts of 
                                changing load patterns, 
                                including through on site 
                                storage;
                                  (IV) plans for the use of 
                                renewable energy sources to 
                                power charging, energy storage, 
                                and hydrogen fuel production;
                                  (V) the proximity of existing 
                                off-highway travel centers, 
                                fuel retailers, and small 
                                businesses to electric vehicle 
                                charging infrastructure 
                                acquired or funded under this 
                                subsection;
                                  (VI) the need for publicly 
                                available electric vehicle 
                                charging infrastructure in 
                                rural corridors;
                                  (VII) the long-term operation 
                                and maintenance of publicly 
                                available electric vehicle 
                                charging infrastructure to 
                                avoid stranded assets and 
                                protect the investment of 
                                public funds in that 
                                infrastructure;
                                  (VIII) existing private, 
                                national, State, local, Tribal, 
                                and territorial government 
                                electric vehicle charging 
                                infrastructure programs and 
                                incentives;
                                  (IX) fostering enhanced, 
                                coordinated, public-private or 
                                private investment in charging 
                                and fueling infrastructure;
                                  (X) ensuring consumer 
                                protection and pricing 
                                transparency;
                                  (XI) the availability of 
                                onsite amenities for vehicle 
                                operators, including restrooms 
                                or food facilities; and
                                  (XII) any other factors, as 
                                determined by the Secretary.
          (5) Eligible project costs.--Subject to paragraph 
        (6), funds made available under this subsection may be 
        used for--
                  (A) the acquisition or installation of 
                electric vehicle charging or hydrogen fueling 
                infrastructure;
                  (B) operating assistance for costs allocable 
                to operating and maintaining infrastructure 
                acquired or installed under this subsection, 
                for a period not to exceed five years;
                  (C) the acquisition or installation of 
                traffic control devices located in the right-
                of-way to provide directional information to 
                infrastructure acquired, installed, or operated 
                under this subsection; or
                  (D) on-premises signs to provide information 
                about infrastructure acquired, installed, or 
                operated under this subsection.
          (6) Guidance.--Not later than 180 days after the date 
        of enactment of the INVEST in America Act, the 
        Secretary of Transportation, in coordination with the 
        Secretary of Energy, shall, as appropriate, publish 
        guidance for public comment related to--
                  (A) the installation, operation, or 
                maintenance by qualified technicians of 
                electric vehicle charging infrastructure under 
                this subsection;
                  (B) the physical and payment interoperability 
                of electric vehicle charging infrastructure 
                under this subsection;
                  (C) any traffic control device or on-premises 
                sign acquired, installed, or operated under 
                this subsection;
                  (D) any data requested by the Secretary 
                related to a project funded under this 
                subsection, including the format and schedule 
                for the submission of such data; and
                  (E) network connectivity of electric vehicle 
                charging that includes measures to protect 
                personal privacy and ensure cybersecurity.
          (7) Federal share.--The Federal share payable for the 
        cost of a project funded under this subsection shall be 
        80 percent.
          (8) Period of availability.--Notwithstanding section 
        118(b), funds made available for the Program shall be 
        available until expended.
          (9) Additional assistance grants.--For each of fiscal 
        years 2023 through 2026, before making an apportionment 
        under section 104(b)(10), the Secretary shall set 
        aside, from amounts made available to carry out the 
        clean corridors program under this subsection, 
        $100,000,000 for grants to States or localities that 
        require additional assistance to strategically deploy 
        infrastructure eligible under this subsection along 
        alternative fuel corridors to fill gaps in the national 
        charging network, including in rural areas.
          (10) Definition of alternative fuel corridors.--In 
        this subsection, the term ``alternative fuel 
        corridors'' means a fuel corridor--
                  (A) designated under subsection (a); or
                  (B) equivalent to a fuel corridor described 
                under such subsection that is designated, after 
                consultation with any affected Indian Tribes or 
                Tribal organizations, by a State or group of 
                States.

           *       *       *       *       *       *       *


Sec. 155. Electric vehicle charging stations

  (a) In General.--Any electric vehicle charging infrastructure 
funded under this title shall be subject to the requirements of 
this section.
  (b) Interoperability.--An electric vehicle charging station 
funded under this title shall--
          (1) provide a charging connector type or means to 
        transmit electricity to vehicles that meets applicable 
        industry accepted practices and safety standards; and
          (2) have the ability to serve vehicles produced by 
        more than one vehicle manufacturer.
  (c) Open Access to Payment.--Electric vehicle charging 
stations shall provide payment methods available to all members 
of the public to ensure secure, convenient, and equal access 
and shall not be limited by membership to a particular payment 
provider.
  (d) Network Capability.--An electric vehicle charging station 
funded under this title shall be capable of being remotely 
monitored.
  (e) Guidance.--Not less than 180 days after enactment of the 
INVEST in America Act, the Secretary of Transportation, in 
coordination with the Secretary of Energy, shall, as 
appropriate, publish guidance for public comment applicable to 
any electric vehicle charging station funded in whole or in 
part under this title related to--
          (1) the installation, operation, or maintenance by 
        qualified technicians of electric vehicle charging 
        infrastructure;
          (2) the physical and payment interoperability of 
        electric vehicle charging infrastructure;
          (3) any traffic control device or on-premises sign 
        acquired, installed, or operated related to an electric 
        vehicle charging station funded under this title; and
          (4) network connectivity of electric vehicle 
        charging, including measures to protect personal 
        privacy and ensure cybersecurity.
  (f) Wage Requirements.--Section 113 shall apply to any 
project for electric vehicle charging infrastructure funded 
under this title.

           *       *       *       *       *       *       *


Sec. 164. Minimum penalties for repeat offenders for driving while 
                    intoxicated or driving under the influence

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) 24-7 sobriety program.--The term ``24-7 sobriety 
        program'' has the meaning given the term in section 
        405(d)(7)(A).
          (2) Alcohol concentration.--The term ``alcohol 
        concentration'' means grams of alcohol per 100 
        milliliters of blood or grams of alcohol per 210 liters 
        of breath.
          (3) Driving while intoxicated; driving under the 
        influence.--The terms ``driving while intoxicated'' and 
        ``driving under the influence'' mean driving or being 
        in actual physical control of a motor vehicle while 
        having an alcohol concentration above the permitted 
        limit as established by each State.
          (4) Motor vehicle.--The term ``motor vehicle'' means 
        a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public highways, but 
        does not include a vehicle operated solely on a rail 
        line or a commercial vehicle.
          (5) Repeat intoxicated driver law.--The term ``repeat 
        intoxicated driver law'' means a State law or 
        combination of laws or programs that provides, as a 
        minimum penalty, that an individual convicted of a 
        second or subsequent offense for driving while 
        intoxicated or driving under the influence after a 
        previous conviction for that offense shall--
                  (A) receive, for a period of not less than 1 
                year--
                          (i) a suspension of all driving 
                        privileges;
                          (ii) a restriction on driving 
                        privileges that limits the individual 
                        to operating only motor vehicles with 
                        an ignition interlock device installed, 
                        unless a special exception applies;
                          (iii) a restriction on driving 
                        privileges that limits the individual 
                        to operating motor vehicles only if 
                        participating in, and complying with, a 
                        24-7 sobriety program; or
                          (iv) any combination of clauses (i) 
                        through (iii);
                  (B) receive an assessment of the individual's 
                degree of abuse of alcohol and treatment as 
                appropriate; and
                  (C) receive--
                          (i) in the case of the second 
                        offense--
                                  (I) an assignment of not less 
                                than 30 days of community 
                                service; or
                                  (II) not less than 5 days of 
                                imprisonment (unless the State 
                                certifies that the general 
                                practice is that such an 
                                individual will be 
                                incarcerated); and
                          (ii) in the case of the third or 
                        subsequent offense--
                                  (I) an assignment of not less 
                                than 60 days of community 
                                service; or
                                  (II) not less than 10 days of 
                                imprisonment (unless the State 
                                certifies that the general 
                                practice is that such an 
                                individual will receive 10 days 
                                of incarceration).
          (6) Special exception.--The term ``special 
        exception'' means an exception under a State alcohol-
        ignition interlock law for the following circumstances:
                  (A) The individual is required to operate an 
                employer's motor vehicle in the course and 
                scope of employment and the business entity 
                that owns the vehicle is not owned or 
                controlled by the individual.
                  (B) The individual is certified by a medical 
                doctor as being unable to provide a deep lung 
                breath sample for analysis by an ignition 
                interlock device.
  (b) Transfer of Funds.--
          (1) Fiscal years 2001 and 2002.--On October 1, 2000, 
        and October 1, 2001, if a State has not enacted or is 
        not enforcing a repeat intoxicated driver law, the 
        Secretary shall transfer an amount equal to 11/2 
        percent of the funds apportioned to the State on that 
        date under each of paragraphs (1), (3), and (4) of 
        section 104(b) to the apportionment of the State under 
        section 402--
                  (A) to be used for [alcohol-impaired] alcohol 
                or polysubstance-impaired driving 
                countermeasures; or
                  (B) to be directed to State and local law 
                enforcement agencies for enforcement of laws 
                prohibiting driving while intoxicated [or], 
                driving under the influence, or driving while 
                polysubstance-impaired and other related laws 
                (including regulations), including the purchase 
                of equipment, the training of officers, and the 
                use of additional personnel for specific 
                [alcohol-impaired] alcohol or polysubstance-
                impaired driving countermeasures, dedicated to 
                enforcement of the laws (including 
                regulations).
          (2) Fiscal year 2012 and thereafter.--
                  (A) Reservation of funds.--On October 1, 
                2011, and each October 1 thereafter, if a State 
                has not enacted or is not enforcing a repeat 
                intoxicated driver law, the Secretary shall 
                reserve an amount equal to 2.5 percent of the 
                funds to be apportioned to the State on that 
                date under each of paragraphs (1) and (2) of 
                section 104(b) until the State certifies to the 
                Secretary the means by which the States will 
                use those reserved funds among the uses 
                authorized under subparagraphs (A) and (B) of 
                paragraph (1), and paragraph (3).
                  (B) Transfer of funds.--As soon as 
                practicable after the date of receipt of a 
                certification from a State under subparagraph 
                (A), the Secretary shall--
                          (i) transfer the reserved funds 
                        identified by the State for use as 
                        described in subparagraphs (A) and (B) 
                        of paragraph (1) to the apportionment 
                        of the State under section 402; and
                          (ii) release the reserved funds 
                        identified by the State as described in 
                        paragraph (3).
          (3) Use for highway safety improvement program.--
                  (A) In general.--A State may elect to use all 
                or a portion of the funds reserved under 
                paragraph (2) for activities eligible under 
                section 148.
                  (B) State departments of transportation.--If 
                the State makes an election under subparagraph 
                (A), the funds shall be transferred to the 
                department of transportation of the State, 
                which shall be responsible for the 
                administration of the funds.
          (4) Federal share.--The Federal share of the cost of 
        a project carried out with funds transferred under 
        paragraph (1) or (2), or used under paragraph (3), 
        shall be 100 percent.
          (5) Derivation of amount to be transferred.--The 
        amount to be transferred or released under paragraph 
        (2) may be derived from the following:
                  (A) The apportionment of the State under 
                section 104(b)(1).
                  (B) The apportionment of the State under 
                section 104(b)(2).
          (6) Transfer of obligation authority.--
                  (A) In general.--If the Secretary transfers 
                under this subsection any funds to the 
                apportionment of a State under section 402 for 
                a fiscal year, the Secretary shall transfer an 
                amount, determined under subparagraph (B), of 
                obligation authority distributed for the fiscal 
                year to the State for Federal-aid highways and 
                highway safety construction programs for 
                carrying out projects under section 402.
                  (B) Amount.--The amount of obligation 
                authority referred to in subparagraph (A) shall 
                be determined by multiplying--
                          (i) the amount of funds transferred 
                        under subparagraph (A) to the 
                        apportionment of the State under 
                        section 402 for the fiscal year, by
                          (ii) the ratio that--
                                  (I) the amount of obligation 
                                authority distributed for the 
                                fiscal year to the State for 
                                Federal-aid highways and 
                                highway safety construction 
                                programs, bears to
                                  (II) the total of the sums 
                                apportioned to the State for 
                                Federal-aid highways and 
                                highway safety construction 
                                programs (excluding sums not 
                                subject to any obligation 
                                limitation) for the fiscal 
                                year.
          (7) Limitation on applicability of obligation 
        limitation.--Notwithstanding any other provision of 
        law, no limitation on the total of obligations for 
        highway safety programs under section 402 shall apply 
        to funds transferred under this subsection to the 
        apportionment of a State under such section.

Sec. 165. Territorial and Puerto Rico highway program

  [(a) Division of Funds.--Of funds made available in a fiscal 
year for the territorial and Puerto Rico highway program--
          [(1) $158,000,000 shall be for the Puerto Rico 
        highway program under subsection (b); and
          [(2) $42,000,000 shall be for the territorial highway 
        program under subsection (c).]
  (a) Annual Allocation.--For the Puerto Rico and territorial 
highway program, there shall be made available--
          (1) $340,000,000 for the Puerto Rico highway program 
        under subsection (b) for each of fiscal years 2023 
        through 2026; and
          (2) for the territorial highway program under 
        subsection (c)--
                  (A) $113,044,097 for fiscal year 2023;
                  (B) $114,961,294 for fiscal year 2024;
                  (C) $117,190,719 for fiscal year 2025; and
                  (D) $119,237,332 for fiscal year 2026.
  (b) Puerto Rico Highway Program.--
          (1) In general.--The Secretary shall allocate funds 
        made available to carry out this subsection to the 
        Commonwealth of Puerto Rico to carry out a highway 
        program in the Commonwealth.
          (2) Treatment of funds.--Amounts made available to 
        carry out this subsection for a fiscal year shall be 
        administered as follows:
                  (A) Apportionment.--
                          (i) In general.--For the purpose of 
                        imposing any penalty under this title 
                        or title 49, the amounts shall be 
                        treated as being apportioned to Puerto 
                        Rico under sections 104(b) and 144 (as 
                        in effect for fiscal year 1997) for 
                        each program funded under those 
                        sections in an amount determined by 
                        multiplying--
                                  (I) the aggregate of the 
                                amounts for the fiscal year; by
                                  (II) the proportion that--
                                          (aa) the amount of 
                                        funds apportioned to 
                                        Puerto Rico for each 
                                        such program for fiscal 
                                        year 1997; bears to
                                          (bb) the total amount 
                                        of funds apportioned to 
                                        Puerto Rico for all 
                                        such programs for 
                                        fiscal year 1997.
                          (ii) Exception.--Funds identified 
                        under clause (i) as having been 
                        apportioned for the national highway 
                        system, the surface transportation 
                        [block grant] program, and the 
                        Interstate maintenance program shall be 
                        deemed to have been apportioned 50 
                        percent for the national highway 
                        performance program and 50 percent for 
                        the surface transportation program for 
                        purposes of imposing such penalties.
                  (B) Penalty.--The amounts treated as being 
                apportioned to Puerto Rico under each section 
                referred to in subparagraph (A) shall be deemed 
                to be required to be apportioned to Puerto Rico 
                under that section for purposes of the 
                imposition of any penalty under this title or 
                title 49.
                  (C) Eligible uses of funds.--Of amounts 
                allocated to Puerto Rico for the Puerto Rico 
                Highway Program for a fiscal year--
                          (i) at least 50 percent shall be 
                        available only for purposes eligible 
                        under section 119;
                          (ii) at least 25 percent shall be 
                        available only for purposes eligible 
                        under section 148; and
                          (iii) any remaining funds may be 
                        obligated for activities eligible under 
                        chapter 1.
                  (D) Transferability.--Of the amounts 
                described in clauses (i) and (ii) of 
                subparagraph (C) for the Puerto Rico highway 
                program, Puerto Rico may transfer not to exceed 
                50 percent in a fiscal year of such amounts for 
                activities described in clause (iii) of such 
                subparagraph.
          (3) Effect on apportionments.--Except as otherwise 
        specifically provided, Puerto Rico shall not be 
        eligible to receive funds apportioned to States under 
        this title.
  (c) Territorial Highway Program.--
          (1) Territory defined.--In this subsection, 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.
          (2) Program.--
                  (A) In general.--Recognizing the mutual 
                benefits that will accrue to the territories 
                and the United States from the improvement of 
                highways in the territories, the Secretary may 
                carry out a program to assist each government 
                of a territory in the construction and 
                improvement of a system of arterial and 
                collector highways, and necessary inter-island 
                connectors, that is--
                          (i) designated by the Governor or 
                        chief executive officer of each 
                        territory; and
                          (ii) approved by the Secretary.
                  (B) Federal share.--The Federal share of 
                Federal financial assistance provided to 
                territories under this subsection shall be in 
                accordance with section 120(g).
          (3) Technical assistance.--
                  (A) In general.--To continue a long-range 
                highway development program, the Secretary may 
                provide technical assistance to the governments 
                of the territories to enable the territories, 
                on a continuing basis--
                          (i) to engage in highway planning;
                          (ii) to conduct environmental 
                        evaluations;
                          (iii) to administer right-of-way 
                        acquisition and relocation assistance 
                        programs; and
                          (iv) to design, construct, operate, 
                        and maintain a system of arterial and 
                        collector highways, including necessary 
                        inter-island connectors.
                  (B) Form and terms of assistance.--Technical 
                assistance provided under subparagraph (A), and 
                the terms for the sharing of information among 
                territories receiving the technical assistance, 
                shall be included in the agreement required by 
                paragraph (5).
          (4) Nonapplicability of certain provisions.--
                  (A) In general.--Except to the extent that 
                provisions of this chapter are determined by 
                the Secretary to be inconsistent with the needs 
                of the territories and the intent of this 
                subsection, this chapter (other than provisions 
                of this chapter relating to the apportionment 
                and allocation of funds) shall apply to funds 
                made available under this subsection.
                  (B) Applicable provisions.--The agreement 
                required by paragraph (5) for each territory 
                shall identify the sections of this chapter 
                that are applicable to that territory and the 
                extent of the applicability of those sections.
          (5) Agreement.--
                  (A) In general.--Except as provided in 
                subparagraph (D), none of the funds made 
                available under this subsection shall be 
                available for obligation or expenditure with 
                respect to any territory until the chief 
                executive officer of the territory has entered 
                into an agreement (including an agreement 
                entered into under section 215 as in effect on 
                the day before the enactment of this section) 
                with the Secretary providing that the 
                government of the territory shall--
                          (i) implement the program in 
                        accordance with applicable provisions 
                        of this chapter and paragraph (4);
                          (ii) design and construct a system of 
                        arterial and collector highways, 
                        including necessary inter-island 
                        connectors, in accordance with 
                        standards that are--
                                  (I) appropriate for each 
                                territory; and
                                  (II) approved by the 
                                Secretary;
                          (iii) provide for the maintenance of 
                        facilities constructed or operated 
                        under this subsection in a condition to 
                        adequately serve the needs of present 
                        and future traffic; and
                          (iv) implement standards for traffic 
                        operations and uniform traffic control 
                        devices that are approved by the 
                        Secretary.
                  (B) Technical assistance.--The agreement 
                required by subparagraph (A) shall--
                          (i) specify the kind of technical 
                        assistance to be provided under the 
                        program;
                          (ii) include appropriate provisions 
                        regarding information sharing among the 
                        territories; and
                          (iii) delineate the oversight role 
                        and responsibilities of the territories 
                        and the Secretary.
                  (C) Review and revision of agreement.--The 
                agreement entered into under subparagraph (A) 
                shall be reevaluated and, as necessary, 
                revised, at least every 2 years.
                  (D) Existing agreements.--With respect to an 
                agreement under this subsection or an agreement 
                entered into under section 215 of this title as 
                in effect on the day before the date of 
                enactment of this subsection--
                          (i) the agreement shall continue in 
                        force until replaced by an agreement 
                        entered into in accordance with 
                        subparagraph (A); and
                          (ii) amounts made available under 
                        this subsection under the existing 
                        agreement shall be available for 
                        obligation or expenditure so long as 
                        the agreement, or the existing 
                        agreement entered into under 
                        subparagraph (A), is in effect.
          (6) Eligible uses of funds.--
                  (A) In general.--Funds made available under 
                this subsection may be used only for the 
                following projects and activities carried out 
                in a territory:
                          (i) Eligible surface transportation 
                        [block grant] program projects 
                        described in section 133(b).
                          (ii) Cost-effective, preventive 
                        maintenance consistent with section 
                        116(e).
                          (iii) Ferry boats, terminal 
                        facilities, and approaches, in 
                        accordance with subsections (b) and (c) 
                        of section 129.
                          (iv) Ferry boats and terminal 
                        facilities that are privately or 
                        majority privately owned, in accordance 
                        with paragraphs (1), (2), (4), (5), 
                        (6), and (7) of section 129(c), that 
                        provide a substantial public benefit.
                          [(iv)] (v) Engineering and economic 
                        surveys and investigations for the 
                        planning, and the financing, of future 
                        highway programs.
                          [(v)] (vi) Studies of the economy, 
                        safety, and convenience of highway use.
                          [(vi)] (vii) The regulation and 
                        equitable taxation of highway use.
                          [(vii)] (viii) Such research and 
                        development as are necessary in 
                        connection with the planning, design, 
                        and maintenance of the highway system.
                  (B) Prohibition on use of funds for routine 
                maintenance.--None of the funds made available 
                under this subsection shall be obligated or 
                expended for routine maintenance.
          (7) Location of projects.--Territorial highway 
        program projects (other than those described in 
        paragraphs (1) through (4) of section 133(c) and 
        section 133(b)(12)) may not be undertaken on roads 
        functionally classified as local.
  (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. 166. HOV facilities

  (a) In General.--
          (1) Authority of public authorities.--A public 
        authority that has jurisdiction over the operation of a 
        HOV facility shall establish the occupancy requirements 
        of vehicles operating on the facility.
          (2) Occupancy requirement.--Except as otherwise 
        provided by this section, no fewer than two occupants 
        per vehicle may be required for use of a HOV facility.
  (b) Exceptions.--
          (1) In general.--Notwithstanding the occupancy 
        requirement of subsection (a)(2), the exceptions in 
        paragraphs (2) through (5) shall apply with respect to 
        a public authority operating a HOV facility.
          (2) Motorcycles and bicycles.--
                  (A) In general.--Subject to subparagraph (B), 
                the public authority shall allow motorcycles 
                and bicycles to use the HOV facility.
                  (B) Safety exception.--
                          (i) In general.--A public authority 
                        may restrict use of the HOV facility by 
                        motorcycles or bicycles (or both) if 
                        the authority certifies to the 
                        Secretary that such use would create a 
                        safety hazard and the Secretary accepts 
                        the certification.
                          (ii) Acceptance of certification.--
                        The Secretary may accept a 
                        certification under this subparagraph 
                        only after the Secretary publishes 
                        notice of the certification in the 
                        Federal Register and provides an 
                        opportunity for public comment.
          (3) Public transportation vehicles.--The public 
        authority may allow public transportation vehicles to 
        use the HOV facility if the authority--
                  (A) establishes requirements for clearly 
                identifying the vehicles;
                  (B) establishes procedures for enforcing the 
                restrictions on the use of the facility by the 
                vehicles; and
                  (C) provides equal access under the same 
                rates, terms, and conditions for all public 
                transportation vehicles and over-the-road buses 
                serving the public.
          (4) High occupancy toll vehicles.--The public 
        authority may allow vehicles not otherwise exempt 
        pursuant to this subsection to use the HOV facility if 
        the operators of the vehicles pay a toll charged by the 
        authority for use of the facility and the authority--
                  (A) establishes a program that addresses how 
                motorists can enroll and participate in the 
                toll program;
                  (B) develops, manages, and maintains a system 
                that will automatically collect the toll; and
                  (C) establishes policies and procedures to--
                          (i) manage the demand to use the 
                        facility by varying the toll amount 
                        that is charged;
                          (ii) enforce violations of use of the 
                        facility; and
                          (iii) ensure that over-the-road buses 
                        serving the public are provided access 
                        to the facility under the same rates, 
                        terms, and conditions as public 
                        [transportation buses] transportation 
                        vehicles.
          (5) Low emission and energy-efficient vehicles.--
                  (A) Special rule.--Before September 30, 2025, 
                if a public authority establishes procedures 
                for enforcing the restrictions on the use of a 
                HOV facility by vehicles described in clauses 
                (i) and (ii), the public authority may allow 
                the use of the HOV facility by--
                          (i) alternative fuel vehicles; and
                          (ii) any motor vehicle described in 
                        section 30D(d)(1) of the Internal 
                        Revenue Code of 1986.
                  (B) Other low emission and energy-efficient 
                vehicles.--Before September 30, [2019] 2025, 
                the public authority may allow vehicles 
                certified as low emission and energy-efficient 
                vehicles under subsection (e), and labeled in 
                accordance with subsection (e), to use the HOV 
                facility if the operators of the vehicles pay a 
                toll charged by the authority for use of the 
                facility and the authority--
                          (i) establishes a program that 
                        addresses the selection of vehicles 
                        under this paragraph; and
                          (ii) establishes procedures for 
                        enforcing the restrictions on the use 
                        of the facility by the vehicles.
                  (C) Amount of tolls.--Under this paragraph, a 
                public authority may charge no toll or may 
                charge a toll that is less than or equal to 
                tolls charged under paragraph (4).
          (6) Emergency vehicles.--The public authority may 
        allow the following vehicles to use the HOV facility if 
        the authority establishes requirements for clearly 
        identifying the vehicles:
                  (A) An emergency vehicle that is responding 
                to an existing emergency.
                  (B) A blood transport vehicle that is 
                transporting blood between collection points 
                and hospitals or storage centers.
  (c) Requirements Applicable to Tolls.--
          (1) In general.--Notwithstanding section 301, tolls 
        may be charged under paragraphs (4) and (5) of 
        subsection (b), subject to the requirements of section 
        129.
          (2) Toll revenue.--Toll revenue collected under this 
        section is subject to the requirements of section 
        129(a)(3).
  (d) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--
          (1) In general.--A public authority that allows 
        vehicles to use a HOV facility under paragraph (4) or 
        (5) of subsection (b) shall submit to the Secretary a 
        report demonstrating that the facility is not already 
        degraded, and that the presence of the vehicles will 
        not cause the facility to become degraded, and certify 
        to the Secretary that the authority will carry out the 
        following responsibilities with respect to the 
        facility:
                  (A) Establishing, managing, and supporting a 
                performance monitoring, evaluation, and 
                reporting program for the facility that 
                provides for continuous monitoring, assessment, 
                and reporting on the impacts that the vehicles 
                may have on the operation of the facility and 
                adjacent highways and submitting to the 
                Secretary annual reports of those impacts.
                  (B) Establishing, managing, and supporting an 
                enforcement program that ensures that the 
                facility is being operated in accordance with 
                the requirements of this section.
                  (C) Limiting or discontinuing the use of the 
                facility by the vehicles whenever the operation 
                of the facility is degraded.
                  (D) Maintenance of operating performance.--
                          (i) Submission of plan.--Not later 
                        than 180 days after the date on which a 
                        facility is degraded under paragraph 
                        (2), 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 into compliance with the 
                        minimum average operating speed 
                        performance standard through changes to 
                        the operation of the facility, 
                        including--
                                  (I) increasing the occupancy 
                                requirement for HOV lanes;
                                  (II) varying the toll charged 
                                to vehicles allowed under 
                                subsection (b) to reduce 
                                demand;
                                  (III) discontinuing allowing 
                                non-HOV vehicles to use HOV 
                                lanes under subsection (b); or
                                  (IV) increasing the available 
                                capacity of the HOV facility.
                          (ii) Notice of approval or 
                        disapproval.--Not later than 60 days 
                        after the date of receipt of a plan 
                        under clause (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 HOV facility into 
                        compliance with the minimum average 
                        operating speed performance standard.
                          (iii) Annual progress updates.--Until 
                        the date on which the Secretary 
                        determines that the public authority 
                        has brought the HOV facility into 
                        compliance with this subsection, the 
                        public authority shall submit annual 
                        updates that describe--
                                  (I) the actions taken to 
                                bring the HOV facility into 
                                compliance; and
                                  (II) the progress made by 
                                those actions.
                  (E) Compliance.--If the public authority 
                fails to bring a facility into compliance under 
                subparagraph (D), the Secretary shall 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.
                  (F) Waiver.--
                          (i) In general.--Upon the request of 
                        a public authority, the Secretary may 
                        waive the compliance requirements of 
                        subparagraph (E), if the Secretary 
                        determines that--
                                  (I) the waiver is in the best 
                                interest of the traveling 
                                public;
                                  (II) the public authority is 
                                meeting the conditions under 
                                subparagraph (D); and
                                  (III) the public authority 
                                has made a good faith effort to 
                                improve the performance of the 
                                facility.
                          (ii) Condition.--The Secretary may 
                        require, as a condition of providing a 
                        waiver under this subparagraph, that a 
                        public authority take additional 
                        actions, as determined by the 
                        Secretary, to maximize the operating 
                        speed performance of the facility, even 
                        if such performance is below the level 
                        set under paragraph (2).
          (2) Degraded facility.--
                  (A) Definition of minimum average operating 
                speed.--In this paragraph, the term ``minimum 
                average operating speed'' means--
                          (i) [45 miles per hour, in the case 
                        of a HOV facility with a speed limit of 
                        50 miles per hour or greater] 35 miles 
                        per hour, in the case of a HOV facility 
                        with a speed limit of 45 miles per hour 
                        or greater; and
                          (ii) not more than 10 miles per hour 
                        below the speed limit, in the case of a 
                        HOV facility with a speed limit of less 
                        than 50 miles per hour.
                  (B) Standard for determining degraded 
                facility.--For purposes of paragraph (1), the 
                operation of a HOV 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 
                [morning or evening weekday peak hour periods 
                (or both)] peak hour periods.
                  (C) Management of low emission and energy-
                efficient vehicles.--In managing the use of HOV 
                lanes by low emission and energy-efficient 
                vehicles that do not meet applicable occupancy 
                requirements, a public authority may increase 
                the percentages described in subsection 
                (f)(3)(B)(i).
  (e) Certification of Low Emission and Energy-Efficient 
Vehicles.--[Not later than 180 days after the date of enactment 
of this section, the Administrator] The Administrator of the 
Environmental Protection Agency shall--
          (1) issue a final rule establishing requirements for 
        certification of vehicles as low emission and energy-
        efficient vehicles for purposes of this section and 
        requirements for the labeling of the vehicles; [and]
          (2) establish guidelines and procedures for making 
        the vehicle comparisons and performance calculations 
        described in subsection (f)(3)(B), in accordance with 
        section 32908(b) of title 49[.]; and
          (3) not later than 180 days after the date of 
        enactment of the INVEST in America Act, update the 
        requirements established under paragraph (1).
  (f) Definitions.--In this section, the following definitions 
apply:
          (1) Alternative fuel vehicle.--The term ``alternative 
        fuel vehicle'' means a vehicle that is solely operating 
        on--
                  (A) methanol, denatured ethanol, or other 
                alcohols;
                  (B) a mixture containing at least 85 percent 
                of methanol, denatured ethanol, and other 
                alcohols by volume with gasoline or other 
                fuels;
                  [(C) natural gas;
                  [(D) liquefied petroleum gas;]
                  [(E)] (C) hydrogen;
                  [(F) coal derived liquid fuels;]
                  [(G)] (D) fuels (except alcohol) derived from 
                biological materials;
                  [(H)] (E) electricity (including electricity 
                from solar energy); or
                  [(I)] (F) any other fuel that the Secretary 
                prescribes by regulation that is not 
                substantially petroleum and that would yield 
                substantial energy security and environmental 
                benefits, including fuels regulated under 
                section 490 of title 10, Code of Federal 
                Regulations (or successor regulations).
          (2) HOV facility.--The term ``HOV facility'' means a 
        high occupancy vehicle facility.
          (3) Low emission and energy-efficient vehicle.--The 
        term ``low emission and energy-efficient vehicle'' 
        means a vehicle that--
                  (A) has been certified by the Administrator 
                as meeting the Tier II emission level 
                established in regulations prescribed by the 
                Administrator under section 202(i) of the Clean 
                Air Act (42 U.S.C. 7521(i)) for that make and 
                model year vehicle; and
                  (B)(i) is certified by the Administrator of 
                the Environmental Protection Agency, in 
                consultation with the manufacturer, to have 
                achieved not less than a 50-percent increase in 
                city fuel economy or not less than a 25-percent 
                increase in combined city-highway fuel economy 
                (or such greater percentage of city or city-
                highway fuel economy as may be determined by a 
                State under subsection (d)(2)(C)) relative to a 
                comparable vehicle that is an internal 
                combustion gasoline fueled vehicle (other than 
                a vehicle that has propulsion energy from 
                onboard hybrid sources); or
                  (ii) is an alternative fuel vehicle.
          (4) 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).
          (5) Public authority.--The term ``public authority'' 
        as used with respect to a HOV facility, means a State, 
        interstate compact of States, public entity designated 
        by a State, or local government having jurisdiction 
        over the operation of the facility.
          (6) Public transportation vehicle.--The term ``public 
        transportation vehicle'' means a vehicle that--
                  (A) provides designated public transportation 
                (as defined in section 221 of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12141) 
                or provides public school transportation (to 
                and from public or private primary, secondary, 
                or tertiary schools); and
                  (B)(i) is owned or operated by a [public 
                entity] public transportation service that is a 
                recipient or subrecipient of funds under 
                chapter 53 of title 49;
                  (ii) is operated under a contract with a 
                public entity; or
                  (iii) is operated pursuant to a license by 
                the Secretary or a public authority to provide 
                motorbus or school vehicle transportation 
                services to the public.
  (g) Consultation of MPO.--If a HOV facility charging tolls 
under paragraph (4) or (5) of subsection (b) is on the 
Interstate System and located in a metropolitan planning area 
established in accordance with section 134, the public 
authority shall consult with the metropolitan planning 
organization for the area concerning the placement and amount 
of tolls on the facility.

Sec. 167. National highway freight program

  (a) In General.--
          (1) Policy.--It is the policy of the United States to 
        improve the condition and performance of the National 
        Highway Freight Network established under this section 
        to ensure that the Network provides the foundation for 
        the United States to compete in the global economy and 
        achieve the goals described in subsection (b).
          (2) Establishment.--In support of the goals described 
        in subsection (b), the Administrator of the Federal 
        Highway Administration shall establish a national 
        highway freight program in accordance with this section 
        to improve the efficient movement of freight on the 
        National Highway Freight Network.
  (b) Goals.--The goals of the national highway freight program 
are--
          (1) to invest in infrastructure improvements and to 
        implement operational improvements on the highways of 
        the United States that--
                  (A) strengthen the contribution of the 
                National Highway Freight Network to the 
                economic competitiveness of the United States;
                  (B) reduce congestion and bottlenecks on the 
                National Highway Freight Network;
                  (C) reduce the cost of freight 
                transportation;
                  (D) improve the year-round reliability of 
                freight transportation; and
                  (E) increase productivity, particularly for 
                domestic industries and businesses that create 
                high-value jobs;
          (2) to improve the safety, security, efficiency, and 
        resiliency of freight transportation in rural and urban 
        areas;
          (3) to improve the state of good repair of the 
        National Highway Freight Network;
          (4) to use innovation and advanced technology to 
        improve the safety, efficiency, and reliability of the 
        National Highway Freight Network;
          (5) to improve the efficiency and productivity of the 
        National Highway Freight Network;
          (6) to improve the flexibility of States to support 
        multi-State corridor planning and the creation of 
        multi-State organizations to increase the ability of 
        States to address highway freight connectivity[; and];
          [(7) to reduce the environmental impacts of freight 
        movement on the National Highway Freight Network.]
          (7) to reduce the environmental impacts of freight 
        movement on the National Highway Freight Network, 
        including--
                  (A) greenhouse gas emissions;
                  (B) local air pollution, including local 
                pollution derived from vehicles idling at 
                railway crossings;
                  (C) minimizing, capturing, or treating 
                stormwater runoff and addressing other adverse 
                impacts to water quality; and
                  (D) wildlife habitat loss; and
          (8) to decrease any adverse impact of freight 
        transportation on communities located near freight 
        facilities or freight corridors.
  (c) Establishment of National Highway Freight Network.--
          (1) In general.--The Administrator shall establish a 
        National Highway Freight Network in accordance with 
        this section to strategically direct Federal resources 
        and policies toward improved performance of the 
        Network.
          (2) Network components.--The National Highway Freight 
        Network shall consist of--
                  (A) the primary highway freight system, as 
                designated under subsection (d);
                  (B) critical rural freight corridors 
                established under subsection (e);
                  (C) critical urban freight corridors 
                established under subsection (f); and
                  (D) the portions of the Interstate System not 
                designated as part of the primary highway 
                freight system.
  (d) Designation and Redesignation of the Primary Highway 
Freight System.--
          (1) Initial designation of primary highway freight 
        system.--The initial designation of the primary highway 
        freight system shall be the 41,518-mile network 
        identified during the designation process for the 
        primary freight network under section 167(d) of this 
        title, as in effect on the day before the date of 
        enactment of the FAST Act.
          (2) Redesignation of primary highway freight 
        system.--
                  (A) In general.--Beginning 5 years after the 
                date of enactment of the FAST Act, and every 5 
                years thereafter, using the designation factors 
                described in subparagraph (E), the 
                Administrator shall redesignate the primary 
                highway freight system.
                  (B) Redesignation mileage.--Each 
                redesignation may increase the mileage on the 
                primary highway freight system by not more than 
                3 percent of the total mileage of the system.
                  (C) Use of measurable data.--In redesignating 
                the primary highway freight system, to the 
                maximum extent practicable, the Administrator 
                shall use measurable data to assess the 
                significance of goods movement, including 
                consideration of points of origin, 
                destinations, and linking components of the 
                United States global and domestic supply 
                chains.
                  (D) Input.--In redesignating the primary 
                highway freight system, the Administrator shall 
                provide an opportunity for State freight 
                advisory committees, as applicable, to submit 
                additional miles for consideration.
                  (E) Factors for redesignation.--In 
                redesignating the primary highway freight 
                system, the Administrator shall consider--
                          (i) changes in the origins and 
                        destinations of freight movement in, 
                        to, and from the United States;
                          (ii) changes in the percentage of 
                        annual daily truck traffic in the 
                        annual average daily traffic on 
                        principal arterials;
                          (iii) changes in the location of key 
                        facilities;
                          (iv) land and water ports of entry;
                          (v) access to energy exploration, 
                        development, installation, or 
                        production areas;
                          (vi) access to other freight 
                        intermodal facilities, including rail, 
                        air, water, and pipelines facilities;
                          (vii) the total freight tonnage and 
                        value moved via highways;
                          (viii) significant freight 
                        bottlenecks, as identified by the 
                        Administrator;
                          (ix) the significance of goods 
                        movement on principal arterials, 
                        including consideration of global and 
                        domestic supply chains;
                          (x) critical emerging freight 
                        corridors and critical commerce 
                        corridors; and
                          (xi) network connectivity.
  (e) Critical Rural Freight Corridors.--
          (1) In general.--A State may designate a public road 
        within the borders of the State as a critical rural 
        freight corridor if the public road is not in an 
        urbanized area and--
                  (A) is a rural principal arterial roadway and 
                has a minimum of 25 percent of the annual 
                average daily traffic of the road measured in 
                passenger vehicle equivalent units from trucks 
                (Federal Highway Administration vehicle class 8 
                to 13);
                  (B) provides access to energy exploration, 
                development, installation, or production areas;
                  (C) connects the primary highway freight 
                system, a roadway described in subparagraph (A) 
                or (B), or the Interstate System to facilities 
                that handle more than--
                          (i) 50,000 20-foot equivalent units 
                        per year; or
                          (ii) 500,000 tons per year of bulk 
                        commodities;
                  (D) provides access to--
                          (i) a grain elevator;
                          (ii) an agricultural facility;
                          (iii) a mining facility;
                          (iv) a forestry facility; or
                          (v) an intermodal facility;
                  (E) connects to an international port of 
                entry;
                  (F) provides access to significant air, rail, 
                water, or other freight facilities in the 
                State; or
                  (G) is, in the determination of the State, 
                vital to improving the efficient movement of 
                freight of importance to the economy of the 
                State.
          (2) Limitation.--A State may designate as critical 
        rural freight corridors a maximum of [150 miles] 300 
        miles of highway or 20 percent of the primary highway 
        freight system mileage in the State, whichever is 
        greater.
  (f) Critical Urban Freight Corridors.--
          (1) Urbanized area with population of 500,000 or 
        more.--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 public road within the 
        borders of that area of the State as a critical urban 
        freight corridor.
          (2) Urbanized area with a population 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 public road 
        within the borders of that area of the State as a 
        critical urban freight corridor.
          (3) Requirements for designation.--A designation may 
        be made under paragraph (1) or (2) if the public road--
                  (A) is in an urbanized area, regardless of 
                population; and
                  (B)(i) connects an intermodal facility to--
                          (I) the primary highway freight 
                        system;
                          (II) the Interstate System; or
                          (III) an intermodal freight facility;
                  (ii) is located within a corridor of a route 
                on the primary highway freight system and 
                provides an alternative highway option 
                important to goods movement;
                  (iii) serves a major freight generator, 
                logistic center, or manufacturing and warehouse 
                industrial land; or
                  (iv) is important to the movement of freight 
                within the region, as determined by the 
                metropolitan planning organization or the 
                State.
          (4) Limitation.--For each State, a maximum of [75 
        miles] 150 miles of highway or 10 percent of the 
        primary highway freight system mileage in the State, 
        whichever is greater, may be designated as a critical 
        urban freight corridor under paragraphs (1) and (2).
  (g) Designation and Certification.--
          (1) Designation.--States and metropolitan planning 
        organizations may designate corridors under subsections 
        (e) and (f) and submit the designated corridors to the 
        Administrator on a rolling basis.
          (2) Certification.--Each State or metropolitan 
        planning organization that designates a corridor under 
        subsection (e) or (f) shall certify to the 
        Administrator that the designated corridor meets the 
        requirements of the applicable subsection.
  (h) Highway Freight Transportation Conditions and Performance 
Reports.--[Not later than 2 years after the date of enactment 
of the FAST Act, and biennially thereafter, the Administrator 
shall prepare] As part of the report required under section 
503(b)(8), the Administrator shall biennially prepare and 
submit to Congress a report that describes the conditions and 
performance of the National Highway Freight Network in the 
United States.
  (i) Use of Apportioned Funds.--
          (1) In general.--A State shall obligate funds 
        apportioned to the State under section 104(b)(5) to 
        improve the movement of freight on the National Highway 
        Freight Network.
          [(2) Formula.--The Administrator shall calculate for 
        each State the proportion that--
                  [(A) the total mileage in the State 
                designated as part of the primary highway 
                freight system; bears to
                  [(B) the total mileage of the primary highway 
                freight system in all States.
          [(3) Use of funds.--
                  [(A) States with high primary highway freight 
                system mileage.--If the proportion of a State 
                under paragraph (2) is greater than or equal to 
                2 percent, the State may obligate funds 
                apportioned to the State under section 
                104(b)(5) for projects on--
                          [(i) the primary highway freight 
                        system;
                          [(ii) critical rural freight 
                        corridors; and
                          [(iii) critical urban freight 
                        corridors.
                  [(B) States with low primary highway freight 
                system mileage.--If the proportion of a State 
                under paragraph (2) is less than 2 percent, the 
                State may obligate funds apportioned to the 
                State under section 104(b)(5) for projects on 
                any component of the National Highway Freight 
                Network.
          [(4) Freight planning.--Notwithstanding any other 
        provision of law, effective beginning 2 years after the 
        date of enactment of the FAST Act, a State may not 
        obligate funds apportioned to the State under section 
        104(b)(5) unless the State has developed a freight plan 
        in accordance with section 70202 of title 49, except 
        that the multimodal component of the plan may be 
        incomplete before an obligation may be made under this 
        section.]
          (2) 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.
          [(5)] (3) Eligibility.--
                  (A) In general.--Except as provided in this 
                subsection, for a project to be eligible for 
                funding under this section the project shall--
                          (i) contribute to the efficient 
                        movement of freight on the National 
                        Highway Freight Network; and
                          (ii) be identified in a freight 
                        investment plan included in a freight 
                        plan of the State that is in effect.
                  [(B) Other projects.--For each fiscal year, a 
                State may obligate not more than 10 percent of 
                the total apportionment of the State under 
                section 104(b)(5) for freight intermodal or 
                freight rail projects, including projects--
                          [(i) within the boundaries of public 
                        or private freight rail or water 
                        facilities (including ports); and
                          [(ii) that provide surface 
                        transportation infrastructure necessary 
                        to facilitate direct intermodal 
                        interchange, transfer, and access into 
                        or out of the facility.]
                  (B) Limitation.--The Federal share of a 
                project described in subparagraph (C)(xxiii) 
                shall fund only elements of such project that 
                provide public benefits.
                  (C) Eligible projects.--Funds apportioned to 
                the State under section 104(b)(5) for the 
                national highway freight program may be 
                obligated to carry out 1 or more of the 
                following:
                          (i) Development phase activities, 
                        including planning, feasibility 
                        analysis, revenue forecasting, 
                        environmental review, preliminary 
                        engineering and design work, and other 
                        preconstruction activities.
                          (ii) Construction, reconstruction, 
                        rehabilitation, acquisition of real 
                        property (including land relating to 
                        the project and improvements to land), 
                        construction contingencies, acquisition 
                        of equipment, and operational 
                        improvements directly relating to 
                        improving system performance.
                          (iii) Intelligent transportation 
                        systems and other technology to improve 
                        the flow of freight, including 
                        intelligent freight transportation 
                        systems and freight management and 
                        operations systems.
                          (iv) Efforts to reduce the 
                        environmental impacts of freight 
                        movement.
                          (v) Environmental and community 
                        mitigation for freight movement.
                          (vi) Railway-highway grade 
                        separation.
                          (vii) Geometric improvements to 
                        interchanges and ramps.
                          (viii) Truck-only lanes.
                          (ix) Climbing and runaway truck 
                        lanes.
                          (x) Adding or widening of shoulders.
                          (xi) Truck parking facilities 
                        eligible for funding under section 1401 
                        of MAP-21 (23 U.S.C. 137 note).
                          (xii) Real-time traffic, truck 
                        parking, roadway condition, and 
                        multimodal transportation information 
                        systems.
                          (xiii) Electronic screening and 
                        credentialing systems for vehicles, 
                        including weigh-in-motion truck 
                        inspection technologies.
                          (xiv) Traffic signal optimization, 
                        including synchronized and adaptive 
                        signals.
                          (xv) Work zone management and 
                        information systems.
                          (xvi) Highway ramp metering.
                          (xvii) Electronic cargo and border 
                        security technologies that improve 
                        truck freight movement.
                          (xviii) Intelligent transportation 
                        systems that would increase truck 
                        freight efficiencies inside the 
                        boundaries of intermodal facilities.
                          (xix) Additional road capacity to 
                        address highway freight bottlenecks.
                          (xx) Physical separation of passenger 
                        vehicles from commercial motor freight.
                          (xxi) Enhancement of the resiliency 
                        of critical highway infrastructure, 
                        including highway infrastructure that 
                        supports national energy security, to 
                        improve the flow of freight.
                          (xxii) A highway or bridge project, 
                        other than a project described in 
                        clauses (i) through (xxi), to improve 
                        the flow of freight on the National 
                        Highway Freight Network.
                          [(xxiii) Any other surface 
                        transportation project to improve the 
                        flow of freight into and out of a 
                        facility described in subparagraph 
                        (B).]
                          (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).
          [(6)] (4) Other eligible costs.--In addition to the 
        eligible projects identified in [paragraph (5)] 
        paragraph (3), a State may use funds apportioned under 
        section 104(b)(5) for--
                  (A) carrying out diesel retrofit or 
                alternative fuel projects under section 149 for 
                class 8 vehicles; and
                  (B) the necessary costs of--
                          (i) conducting analyses and data 
                        collection related to the national 
                        highway freight program;
                          (ii) developing and updating 
                        performance targets to carry out this 
                        section; and
                          (iii) reporting to the Administrator 
                        to comply with the freight performance 
                        target under section 150.
          [(7)] (5) Applicability of planning requirements.--
        Programming and expenditure of funds for projects under 
        this section shall be consistent with the requirements 
        of sections 134 and 135.
  (j) State Performance Targets.--If the Administrator 
determines that a State has not met or made significant 
progress toward meeting the performance targets related to 
freight movement of the State established under section 150(d) 
by the date that is 2 years after the date of the establishment 
of the performance targets, the State shall include in the next 
report submitted under section 150(e) a description of the 
actions the State will undertake to achieve the targets, 
including--
          (1) an identification of significant freight system 
        trends, needs, and issues within the State;
          (2) a description of the freight policies and 
        strategies that will guide the freight-related 
        transportation investments of the State;
          (3) an inventory of freight bottlenecks within the 
        State and a description of the ways in which the State 
        is allocating national highway freight program funds to 
        improve those bottlenecks; and
          (4) a description of the actions the State will 
        undertake to meet the performance targets of the State.
  (k) Intelligent Freight Transportation System.--
          (1) Definition of intelligent freight transportation 
        system.--In this section, the term ``intelligent 
        freight transportation system'' means--
                  (A) innovative or intelligent technological 
                transportation systems, infrastructure, or 
                facilities, including elevated freight 
                transportation facilities--
                          (i) in proximity to, or within, an 
                        existing right of way on a Federal-aid 
                        highway; or
                          (ii) that connect land [ports-of 
                        entry] ports-of-entry to existing 
                        Federal-aid highways; or
                  (B) communications or information processing 
                systems that improve the efficiency, security, 
                or safety of freight movements on the Federal-
                aid highway system, including to improve the 
                conveyance of freight on dedicated intelligent 
                freight lanes.
          (2) Operating standards.--The Administrator shall 
        determine whether there is a need for establishing 
        operating standards for intelligent freight 
        transportation systems.
  [(l) Treatment of Freight Projects.--Notwithstanding any 
other provision of law, a freight project carried out under 
this section shall be treated as if the project were on a 
Federal-aid highway.]

           *       *       *       *       *       *       *


Sec. 171. Carbon pollution reduction

  (a) Establishment.--The Secretary shall establish a carbon 
pollution reduction program to support the reduction of 
greenhouse gas emissions from the surface transportation 
system.
  (b) Eligible Projects.--A project is eligible for funding 
under this section if such project--
          (1) is expected to yield a significant reduction in 
        greenhouse gas emissions from the surface 
        transportation system;
          (2) will help a State meet the greenhouse gas 
        emissions performance targets established under section 
        150(d); and
          (3) is--
                  (A) eligible for assistance under this title 
                or under chapter 53 of title 49 or is a capital 
                project for vehicles and facilities (whether 
                publicly or privately owned) that are used to 
                provide intercity passenger service by bus; or
                  (B) a capital project, as such term is 
                defined in section 22906 of title 49, to 
                improve intercity rail passenger 
                transportation, provided that the project will 
                yield a significant reduction in single 
                occupant vehicle trips and improve mobility on 
                public roads.
  (c) Guidance.--The Secretary shall issue guidance on methods 
of determining the reduction of single occupant vehicle trips 
and improvement of mobility on public roads as those factors 
relate to intercity rail passenger transportation projects 
under subsection (b)(4).
  (d) Operating Expenses.--A State may use not more than 10 
percent of the funds provided under section 104(b)(9) for the 
operating expenses of public transportation and passenger rail 
transportation projects.
  (e) Single-occupancy Vehicle Highway Facilities.--None of the 
funds provided under this section may be used for a project 
that will result in the construction of new capacity available 
to single occupant vehicles unless the project consists of a 
high occupancy vehicle facility and is consistent with section 
166.
  (f) Evaluation.--
          (1) In general.--The Secretary shall annually 
        evaluate the progress of each State in carrying out the 
        program under this section by comparing the percent 
        change in carbon dioxide emissions per capita on public 
        roads in the State calculated as--
                  (A) the annual carbon dioxide emissions per 
                capita on public roads in the State for the 
                most recent year for which there is data; 
                divided by
                  (B) the average annual carbon dioxide 
                emissions per capita on public roads in the 
                State in calendar years 2015 through 2019.
          (2) Measures.--In conducting the evaluation under 
        paragraph (1), the Secretary shall--
                  (A) prior to the effective date of the 
                greenhouse gas performance measures under 
                section 150(c)(7)(A), use such data as are 
                available, which may include data on motor 
                fuels usage published by the Federal Highway 
                Administration and information on emissions 
                factors or coefficients published by the Energy 
                Information Administration of the Department of 
                Energy; and
                  (B) following the effective date of the 
                greenhouse gas performance measures under 
                section 150(c)(7)(A), use such measures.
  (g) Progress Report.--The Secretary shall annually issue a 
carbon pollution reduction progress report, to be made publicly 
available on the website of the Department of Transportation, 
that includes--
          (1) the results of the evaluation under subsection 
        (f) for each State; and
          (2) a ranking of all the States by the criteria under 
        subsection (f), with the States that, for the year 
        covered by such report, have the largest percentage 
        reduction in annual carbon dioxide emissions per capita 
        on public roads being ranked the highest.
  (h) High-performing States.--
          (1) Designation.--For purposes of this section, each 
        State that is 1 of the 15 highest ranked States, as 
        determined under subsection (g)(2), and that achieves a 
        reduction in carbon dioxide emissions per capita on 
        public roads, as determined by the evaluation in 
        subsection (f), shall be designated as a high-
        performing State for the following fiscal year.
          (2) Use of funds.--For each State that is designated 
        as a high-performing State under paragraph (1)--
                  (A) notwithstanding section 120, the State 
                may use funds made available under this title 
                to pay the non-Federal share of a project under 
                this section during any year for which such 
                State is designated as a high-performing State; 
                and
                  (B) notwithstanding section 126, the State 
                may transfer up to 50 percent of funds 
                apportioned under section 104(b)(9) to the 
                program under section 104(b)(2) in any year for 
                which such State is designated as a high-
                performing State.
          (3) Transfer.--For each State that is 1 of the 15 
        lowest ranked States, as determined under subsection 
        (g)(2), the Secretary shall transfer 10 percent of the 
        amount apportioned to the State under section 104(b)(2) 
        in the fiscal year following the year in which the 
        State is so ranked, not including amounts set aside 
        under section 133(d)(1)(A) and under section 133(h) or 
        505(a), to the apportionment of the State under section 
        104(b)(9).
          (4) Limitation.--The Secretary shall not conduct a 
        transfer under paragraph (3)--
                  (A) until the first fiscal year following the 
                effective date of greenhouse gas performance 
                measures under section 150(c)(7)(A); and
                  (B) with respect to a State in any fiscal 
                year following the year in which such State 
                achieves a reduction in carbon dioxide 
                emissions per capita on public roads in such 
                year as determined by the evaluation under 
                subsection (f).
  (i) Report.--Not later than 2 years after the date of 
enactment of this section and periodically thereafter, the 
Secretary, in consultation with the Administrator of the 
Environmental Protection Agency, shall issue a report--
          (1) detailing, based on the best available science, 
        what types of projects eligible for assistance under 
        this section are expected to provide the most 
        significant greenhouse gas emissions reductions from 
        the surface transportation sector; and
          (2) detailing, based on the best available science, 
        what types of projects eligible for assistance under 
        this section are not expected to provide significant 
        greenhouse gas emissions reductions from the surface 
        transportation sector.

Sec. 172. Community climate innovation grants

  (a) Establishment.--The Secretary shall establish a community 
climate innovation grant program (in this section referred to 
as the ``Program'') to make grants, on a competitive basis, for 
locally selected projects that reduce greenhouse gas emissions 
while improving the mobility, accessibility, and connectivity 
of the surface transportation system.
  (b) Purpose.--The purpose of the Program shall be to support 
communities in reducing greenhouse gas emissions from the 
surface transportation system.
  (c) Eligible Applicants.--The Secretary may make grants under 
the Program to the following entities:
          (1) A metropolitan planning organization.
          (2) A unit of local government or a group of local 
        governments, or a county or multi-county special 
        district.
          (3) A subdivision of a local government.
          (4) A transit agency.
          (5) A special purpose district with a transportation 
        function or a port authority.
          (6) An Indian Tribe or Tribal organization.
          (7) A territory.
          (8) A multijurisdictional group of entities described 
        in paragraphs (1) through (7).
  (d) Applications.--To be eligible for a grant under the 
Program, an entity specified in subsection (c) shall submit to 
the Secretary an application in such form, at such time, and 
containing such information as the Secretary determines 
appropriate.
  (e) Eligible Projects.--The Secretary may only provide a 
grant under the Program for a project that is expected to yield 
a significant reduction in greenhouse gas emissions from the 
surface transportation system and--
          (1) is a project eligible for assistance under this 
        title or under chapter 53 of title 49, or is a capital 
        project for vehicles and facilities, whether publicly 
        or privately owned, that are used to provide intercity 
        passenger service by bus; or
          (2) is a capital project as defined in section 22906 
        of title 49 to improve intercity passenger rail that 
        will yield a significant reduction in single occupant 
        vehicle trips and improve mobility on public roads.
  (f) Eligible Uses.--Grant amounts received for a project 
under the Program may be used for--
          (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, 
        environmental review, preliminary engineering and 
        design work, and other preconstruction activities; and
          (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to 
        the project and improvements to the land), 
        environmental mitigation, construction contingencies, 
        acquisition of equipment, and operational improvements.
  (g) Project Prioritization.--In making grants for projects 
under the Program, the Secretary shall give priority to 
projects that are expected to yield the most significant 
reductions in greenhouse gas emissions from the surface 
transportation system.
  (h) Additional Considerations.--In making grants for projects 
under the Program, the Secretary shall consider the extent to 
which--
          (1) a project maximizes greenhouse gas reductions in 
        a cost-effective manner;
          (2) a project reduces dependence on single-occupant 
        vehicle trips or provides additional transportation 
        options;
          (3) a project improves the connectivity and 
        accessibility of the surface transportation system, 
        particularly to low- and zero-emission forms of 
        transportation, including public transportation, 
        walking, and bicycling;
          (4) an applicant has adequately considered or will 
        adequately consider, including through the opportunity 
        for public comment, the environmental justice and 
        equity impacts of the project;
          (5) a project contributes to geographic diversity 
        among grant recipients, including to achieve a balance 
        between urban, suburban, and rural communities;
          (6) a project serves low-income residents of low-
        income communities, including areas of persistent 
        poverty, while not displacing such residents;
          (7) a project uses pavement materials that 
        demonstrate reductions in greenhouse gas emissions 
        through sequestration or innovative manufacturing 
        processes;
          (8) a project repurposes neglected or underused 
        infrastructure, including abandoned highways, bridges, 
        railways, trail ways, and adjacent underused spaces, 
        into new hybrid forms of public space that support 
        multiple modes of transportation; and
          (9) a project includes regional multimodal 
        transportation system management and operations 
        elements that will improve the effectiveness of such 
        project and encourage reduction of single occupancy 
        trips by providing the ability of users to plan, use, 
        and pay for multimodal transportation alternatives.
  (i) Funding.--
          (1) Maximum amount.--The maximum amount of a grant 
        under the Program shall be $25,000,000.
          (2) Technical assistance.--Of the amounts made 
        available to carry out the Program, the Secretary may 
        use up to 1 percent to provide technical assistance to 
        applicants and potential applicants.
  (j) Treatment of Projects.--
          (1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this 
        section, apply--
                  (A) the requirements of this title to a 
                highway project;
                  (B) the requirements of chapter 53 of title 
                49 to a public transportation project; and
                  (C) the requirements of section 22905 of 
                title 49 to a passenger rail or freight rail 
                project.
          (2) Multimodal projects.--
                  (A) In general.--Except as otherwise provided 
                in this paragraph, if an eligible project is a 
                multimodal project, the Secretary shall--
                          (i) determine the predominant modal 
                        component of the project; and
                          (ii) apply the applicable 
                        requirements of such predominant modal 
                        component to the project.
                  (B) Exceptions.--
                          (i) Passenger or freight rail 
                        component.--For any passenger or 
                        freight rail component of a project, 
                        the requirements of section 22907(j)(2) 
                        of title 49 shall apply.
                          (ii) Public transportation 
                        component.--For any public 
                        transportation component of a project, 
                        the requirements of section 5333 of 
                        title 49 shall apply.
                  (C) Buy america.--In applying the Buy America 
                requirements under section 313 of this title 
                and sections 5320, 22905(a), and 24305(f) of 
                title 49 to a multimodal project under this 
                paragraph, the Secretary shall--
                          (i) consider the various modal 
                        components of the project; and
                          (ii) seek to maximize domestic jobs.
  (k) Single-occupancy Vehicle Highway Facilities.--None of the 
funds provided under this section may be used for a project 
that will result in the construction of new capacity available 
to single occupant vehicles unless the project consists of a 
high-occupancy vehicle facility and is consistent with section 
166.
  (l) Public Comment.--Prior to issuing the notice of funding 
opportunity for funding under this section for fiscal year 
2023, the Secretary, in consultation with the Administrator of 
the Environmental Protection Agency, shall solicit public 
comment on the method of determining the significant reduction 
in greenhouse gas emissions required under subsection (e).
  (m) Consultation.--Prior to making an award under this 
section in a given fiscal year, the Secretary shall consult 
with the Administrator of the Environmental Protection Agency 
to determine which projects are expected to yield a significant 
reduction in greenhouse gas emissions as required under 
subsection (e).
  (n) Rural Set-aside.--
          (1) In general.--The Secretary shall set aside not 
        less than 10 percent of the amounts made available to 
        carry out this section for projects located in rural 
        areas.
          (2) Definition of rural area.--In this subsection, 
        the term ``rural area'' means all areas of a State or 
        territory that are outside of an urbanized area with a 
        population greater than 74,999 individuals, as 
        determined by the Bureau of the Census.

Sec. 173. Community transportation investment grant program

  (a) Establishment.--The Secretary shall establish a community 
transportation investment grant program to improve surface 
transportation safety, state of good repair, accessibility, and 
environmental quality through infrastructure investments.
  (b) Grant Authority.--
          (1) In general.--In carrying out the program 
        established under subsection (a), the Secretary shall 
        make grants, on a competitive basis, to eligible 
        entities in accordance with this section.
          (2) Grant amount.--The maximum amount of a grant 
        under this section shall be $25,000,000.
  (c) Applications.--To be eligible for a grant under this 
section, an eligible entity shall submit to the Secretary an 
application in such form, at such time, and containing such 
information as the Secretary may require.
  (d) Eligible Project Costs.--Grant amounts for an eligible 
project carried out under this section may be used for--
          (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, 
        environmental review, preliminary engineering and 
        design work, and other preconstruction activities; and
          (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to 
        the project and improvements to such land), 
        environmental mitigation, construction contingencies, 
        acquisition of equipment, and operational improvements.
  (e) Rural and Community Setasides.--
          (1) In general.--The Secretary shall reserve--
                  (A) not less than 25 percent of the amounts 
                made available to carry out this section for 
                projects located in rural areas; and
                  (B) not less than 25 percent of the amounts 
                made available to carry out this section for 
                projects located in areas with a population 
                greater than 74,999 individuals and fewer than 
                200,001 individuals.
          (2) Definition of rural area.--In this subsection, 
        the term ``rural area'' means all areas of a State or 
        territory that are outside of an urbanized area with a 
        population greater than 74,999 individuals, as 
        determined by the Bureau of the Census.
          (3) Excess funding.--If the Secretary determines that 
        there are insufficient qualified applicants to use the 
        funds set aside under this subsection, the Secretary 
        may use such funds for grants for any projects eligible 
        under this section.
  (f) Evaluation.--To evaluate applications under this section, 
the Secretary shall--
          (1) develop a process to objectively evaluate 
        applications on the benefits of the project proposed in 
        such application--
                  (A) to transportation safety, including 
                reductions in traffic fatalities and serious 
                injuries;
                  (B) to state of good repair, including 
                improved condition of bridges and pavements;
                  (C) to transportation system access, 
                including improved access to jobs and services; 
                and
                  (D) in reducing greenhouse gas emissions;
          (2) develop a rating system to assign a numeric value 
        to each application, based on each of the criteria 
        described in paragraph (1);
          (3) for each application submitted, compare the total 
        benefits of the proposed project, as determined by the 
        rating system developed under paragraph (2), with the 
        costs of such project, and rank each application based 
        on the results of the comparison; and
          (4) ensure that only such applications that are 
        ranked highly based on the results of the comparison 
        conducted under paragraph (3) are considered to receive 
        a grant under this section.
  (g) Weighting.--In establishing the evaluation process under 
subsection (f), the Secretary may assign different weights to 
the criteria described in subsection (f)(1) based on project 
type, population served by a project, and other context-
sensitive considerations, provided that--
          (1) each application is rated on all criteria 
        described in subsection (f)(1); and
          (2) each application has the same possible minimum 
        and maximum rating, regardless of any differences in 
        the weighting of criteria.
  (h) Transparency.--
          (1) Publicly available information.--Prior to the 
        issuance of any notice of funding opportunity under 
        this section, the Secretary shall make publicly 
        available on the website of the Department of 
        Transportation a detailed explanation of the evaluation 
        and rating process developed under subsection (f), 
        including any differences in the weighting of criteria 
        pursuant to subsection (g), if applicable, and update 
        such website for each revision of the evaluation and 
        rating process.
          (2) Notifications to congress.--The Secretary shall 
        submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives, the 
        Committee on Environment and Public Works of the 
        Senate, the Committee on Banking, Housing, and Urban 
        Affairs of the Senate, and the Committee on Commerce, 
        Science, and Transportation of the Senate the following 
        written notifications:
                  (A) A notification when the Secretary 
                publishes or updates the information required 
                under paragraph (1).
                  (B) Not later than 30 days prior to the date 
                on which the Secretary awards a grant under 
                this section, a notification that includes--
                          (i) the ratings of each application 
                        submitted pursuant to subsection 
                        (f)(2);
                          (ii) the ranking of each application 
                        submitted pursuant to subsection 
                        (f)(3); and
                          (iii) a list of all applications that 
                        receive final consideration by the 
                        Secretary to receive an award under 
                        this section pursuant to subsection 
                        (f)(4).
                  (C) Not later than 3 business days prior to 
                the date on which the Secretary announces the 
                award of a grant under this section, a 
                notification describing each grant to be 
                awarded, including the amount and the 
                recipient.
  (i) Technical Assistance.--Of the amounts made available to 
carry out this section, the Secretary may reserve up to 
$3,000,000 in each fiscal year to provide technical assistance 
to eligible entities.
  (j) Administration.--Of the amounts made available to carry 
out this section, the Secretary may reserve up to $5,000,000 
for the administrative costs of carrying out the program under 
this section.
  (k) Treatment of Projects.--
          (1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this 
        section, apply--
                  (A) the requirements of this title to a 
                highway project;
                  (B) the requirements of chapter 53 of title 
                49 to a public transportation project; and
                  (C) the requirements of section 22905 of 
                title 49 to a passenger rail or freight rail 
                project.
          (2) Multimodal projects.--
                  (A) In general.--Except as otherwise provided 
                in this paragraph, if an eligible project is a 
                multimodal project, the Secretary shall--
                          (i) determine the predominant modal 
                        component of the project; and
                          (ii) apply the applicable 
                        requirements of such predominant modal 
                        component to the project.
                  (B) Exceptions.--
                          (i) Passenger or freight rail 
                        component.--For any passenger or 
                        freight rail component of a project, 
                        the requirements of section 22907(j)(2) 
                        of title 49 shall apply.
                          (ii) Public transportation 
                        component.--For any public 
                        transportation component of a project, 
                        the requirements of section 5333 of 
                        title 49 shall apply.
                  (C) Buy america.--In applying the Buy America 
                requirements under section 313 of this title 
                and sections 5320, 22905(a), and 24305(f) of 
                title 49 to a multimodal project under this 
                paragraph, the Secretary shall--
                          (i) consider the various modal 
                        components of the project; and
                          (ii) seek to maximize domestic jobs.
  (l) Transparency.--
          (1) In general.--Not later than 30 days after 
        awarding a grant for a project under this section, the 
        Secretary shall send to all applicants, and publish on 
        the website of the Department of Transportation--
                  (A) a summary of each application made to the 
                program for the grant application period; and
                  (B) the evaluation and justification for the 
                project selection, including ratings and 
                rankings assigned to all applications and a 
                list of applications that received final 
                consideration by the Secretary to receive an 
                award under this section, for the grant 
                application period.
          (2) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant under this section, the 
        opportunity to receive a briefing to explain any 
        reasons the grant applicant was not awarded a grant.
  (m) Definitions.--In this section:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a metropolitan planning organization;
                  (B) a unit of local government;
                  (C) a transit agency;
                  (D) an Indian Tribe or Tribal organization;
                  (E) a multijurisdictional group of entities 
                described in this paragraph;
                  (F) a special purpose district with a 
                transportation function or a port authority;
                  (G) a territory; or
                  (H) a State that applies for a grant under 
                this section jointly with an entity described 
                in subparagraphs (A) through (G).
          (2) Eligible project.--The term ``eligible project'' 
        means any project eligible under this title or chapter 
        53 of title 49.

           *       *       *       *       *       *       *


                       CHAPTER 2--OTHER HIGHWAYS

Sec.
201. Federal lands and tribal transportation programs.
     * * * * * * *
208. Federal lands and Tribal major projects program.
     * * * * * * *

211. Safe routes to school program.
212. Use of youth service and conservation corps.
     * * * * * * *


Sec. 201. Federal lands and tribal transportation programs

  (a) Purpose.-- Recognizing the need for all public Federal 
and tribal transportation facilities to be treated under 
uniform policies similar to the policies that apply to Federal-
aid highways and other public transportation facilities, the 
Secretary of Transportation, in collaboration with the 
Secretaries of the appropriate Federal land management 
agencies, shall coordinate a uniform policy for all public 
Federal and tribal transportation facilities that shall apply 
to Federal lands transportation facilities, tribal 
transportation facilities, and Federal lands access 
transportation facilities.
  (b) Availability of Funds.--
          (1) Availability.-- Funds authorized for the tribal 
        transportation program, the Federal lands 
        transportation program, and the Federal lands access 
        program shall be available for contract upon 
        apportionment, or on October 1 of the fiscal year for 
        which the funds were authorized if no apportionment is 
        required.
          (2) Amount remaining.-- Any amount remaining 
        unexpended for a period of 3 years after the close of 
        the fiscal year for which the funds were authorized 
        shall lapse.
          (3) Obligations.-- The Secretary of the department 
        responsible for the administration of funds under this 
        subsection may incur obligations, approve projects, and 
        enter into contracts under such authorizations, which 
        shall be considered to be contractual obligations of 
        the United States for the payment of the cost thereof, 
        the funds of which shall be considered to have been 
        expended when obligated.
          (4) Expenditure.--
                  (A) In general.-- Any funds authorized for 
                any fiscal year after the date of enactment of 
                this section under the Federal lands 
                transportation program, the Federal lands 
                access program, and the tribal transportation 
                program shall be considered to have been 
                expended if a sum equal to the total of the 
                sums authorized for the fiscal year and 
                previous fiscal years have been obligated.
                  (B) Credited funds.-- Any funds described in 
                subparagraph (A) that are released by payment 
                of final voucher or modification of project 
                authorizations shall be--
                          (i) credited to the balance of 
                        unobligated authorizations; and
                          (ii) immediately available for 
                        expenditure.
          (5) Applicability.-- This section shall not apply to 
        funds authorized before the date of enactment of this 
        paragraph.
          (6) Contractual obligation.--
                  (A) In general.-- Notwithstanding any other 
                provision of law (including regulations), the 
                authorization by the Secretary, or the 
                Secretary of the appropriate Federal land 
                management agency if the agency is the 
                contracting office, of engineering and related 
                work for the development, design, and 
                acquisition associated with a construction 
                project, whether performed by contract or 
                agreement authorized by law, or the approval by 
                the Secretary of plans, specifications, and 
                estimates for construction of a project, shall 
                be considered to constitute a contractual 
                obligation of the Federal Government to pay the 
                total eligible cost of--
                          (i) any project funded under this 
                        title; and
                          (ii) any project funded pursuant to 
                        agreements authorized by this title or 
                        any other title.
                  (B) Effect.-- Nothing in this paragraph--
                          (i) affects the application of the 
                        Federal share associated with the 
                        project being undertaken under this 
                        section; or
                          (ii) modifies the point of obligation 
                        associated with Federal salaries and 
                        expenses.
          (7) Federal share.--
                  (A) Tribal and federal lands transportation 
                program.-- The Federal share of the cost of a 
                project carried out under the Federal lands 
                transportation program or the tribal 
                transportation program shall be 100 percent.
                  (B) Federal lands access program.-- The 
                Federal share of the cost of a project carried 
                out under the Federal lands access program 
                shall be determined in accordance with section 
                120.
  (c) Transportation Planning.--
          (1) Transportation planning procedures.-- In 
        consultation with the Secretary of each appropriate 
        Federal land management agency, the Secretary shall 
        implement transportation planning procedures for 
        Federal lands and tribal transportation facilities that 
        are consistent with the planning processes required 
        under sections 134 and 135.
          (2) Approval of transportation improvement program.-- 
        The transportation improvement program developed as a 
        part of the transportation planning process under this 
        section shall be approved by the Secretary.
          (3) Inclusion in other plans.-- Each regionally 
        significant tribal transportation program, Federal 
        lands transportation program, and Federal lands access 
        program project shall be--
                  (A) developed in cooperation with State and 
                metropolitan planning organizations; and
                  (B) included in appropriate tribal 
                transportation program plans, Federal lands 
                transportation program plans, Federal lands 
                access program plans, State and metropolitan 
                plans, and transportation improvement programs.
          (4) Inclusion in state programs.-- The approved 
        tribal transportation program, Federal lands 
        transportation program, and Federal lands access 
        program transportation improvement programs shall be 
        included in appropriate State and metropolitan planning 
        organization plans and programs without further action 
        on the transportation improvement program.
          (5) Asset management.-- The Secretary and the 
        Secretary of each appropriate Federal land management 
        agency shall, to the extent appropriate, implement 
        safety, bridge, pavement, and congestion management 
        systems for facilities funded under the tribal 
        transportation program and the Federal lands 
        transportation program in support of asset management.
          (6) Data collection.--
                  (A) Data collection.--
                          (i) In general.-- The Secretaries of 
                        the appropriate Federal land management 
                        agencies shall collect and report data 
                        necessary to implement the Federal 
                        lands transportation program, the 
                        Federal lands access program, and the 
                        tribal transportation program.
                          (ii) Requirement.-- Data collected to 
                        implement the tribal transportation 
                        program shall be in accordance with the 
                        Indian Self-Determination and Education 
                        Assistance Act [(25 U.S.C. 450 et 
                        seq.)] (25 U.S.C. 5301 et seq.).
                          (iii) Inclusions.-- Data collected 
                        under this paragraph includes--
                                  (I) inventory and condition 
                                information on Federal lands 
                                transportation facilities and 
                                tribal transportation 
                                facilities; and
                                  (II) bridge inspection and 
                                inventory information on any 
                                Federal bridge open to the 
                                public.
                  (B) Standards.-- The Secretary, in 
                coordination with the Secretaries of the 
                appropriate Federal land management agencies, 
                shall define the collection and reporting data 
                standards.
                  (C) Tribal data collection.-- In addition to 
                the data to be collected under subparagraph 
                (A), not later than 90 days after the last day 
                of each fiscal year, any entity carrying out a 
                project under the tribal transportation program 
                under section 202 shall submit to the Secretary 
                and the Secretary of the Interior, based on 
                obligations and expenditures under the tribal 
                transportation program during the preceding 
                fiscal year, the following data:
                          (i) The names of projects and 
                        activities carried out by the entity 
                        under the tribal transportation program 
                        during the preceding fiscal year.
                          (ii) A description of the projects 
                        and activities identified under clause 
                        (i).
                          (iii) The current status of the 
                        projects and activities identified 
                        under clause (i).
                          (iv) An estimate of the number of 
                        jobs created and the number of jobs 
                        retained by the projects and activities 
                        identified under clause (i).
          (7) Cooperative research and technology deployment.-- 
        The Secretary may conduct cooperative research and 
        technology deployment in coordination with Federal land 
        management agencies, as determined appropriate by the 
        Secretary.
          (8) Funding.--
                  (A) In general.-- To carry out the activities 
                described in this subsection for Federal lands 
                transportation facilities, Federal lands access 
                transportation facilities, and other federally 
                owned roads open to public travel (as that term 
                is defined in [section 125(e)] section 125(j)), 
                the Secretary shall for each fiscal year 
                combine and use not greater than 5 percent of 
                the funds authorized for programs under 
                sections 203 and 204.
                  (B) Other activities.-- In addition to the 
                activities described in subparagraph (A), funds 
                described under that subparagraph may be used 
                for--
                          (i) bridge inspections on any 
                        federally owned bridge even if that 
                        bridge is not included on the inventory 
                        described under section 203; and
                          (ii) transportation planning 
                        activities carried out by Federal land 
                        management agencies eligible for 
                        funding under this chapter.
  (d) Reimbursable Agreements.-- In carrying out work under 
reimbursable agreements with any State, local, or tribal 
government under this title, the Secretary--
          (1) may, without regard to any other provision of law 
        (including regulations), record obligations against 
        accounts receivable from the entity; and
          (2) shall credit amounts received from the entity to 
        the appropriate account, which shall occur not later 
        than 90 days after the date of the original request by 
        the Secretary for payment.
  (e) Transfers.--
          (1) In general.-- To enable the efficient use of 
        funds made available for the Federal lands 
        transportation program and the Federal lands access 
        program, the funds may be transferred by the Secretary 
        within and between each program with the concurrence 
        of, as appropriate--
                  (A) the Secretary;
                  (B) the affected Secretaries of the 
                respective Federal land management agencies;
                  (C) State departments of transportation; and
                  (D) local government agencies.
          (2) Credit.-- The funds described in paragraph (1) 
        shall be credited back to the loaning entity with funds 
        that are currently available for obligation at the time 
        of the credit.
  (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.

Sec. 202. Tribal transportation program

  (a) Use of Funds.--
          (1) In general.-- Funds made available under the 
        tribal transportation program shall be used by the 
        Secretary of Transportation and the Secretary of the 
        Interior to pay the costs of--
                  (A)(i) transportation planning, research, 
                maintenance, engineering, rehabilitation, 
                restoration, construction, and reconstruction 
                of tribal transportation facilities;
                  (ii) adjacent vehicular parking areas;
                  (iii) interpretive signage;
                  (iv) acquisition of necessary scenic 
                easements and scenic or historic sites;
                  (v) provisions for pedestrians and bicycles;
                  (vi) environmental mitigation in or adjacent 
                to tribal land--
                          (I) to improve public safety and 
                        reduce vehicle-caused wildlife 
                        mortality while maintaining habitat 
                        connectivity; and
                          (II) to mitigate the damage to 
                        wildlife, aquatic organism passage, 
                        habitat, and ecosystem connectivity, 
                        including the costs of constructing, 
                        maintaining, replacing, or removing 
                        culverts and bridges, as appropriate;
                  (vii) construction and reconstruction of 
                roadside rest areas, including sanitary and 
                water facilities; and
                  (viii) other appropriate public road 
                facilities as determined by the Secretary;
                  (B) operation and maintenance of transit 
                programs and facilities that are located on, or 
                provide access to, tribal land, or are 
                administered by a tribal government; and
                  (C) any transportation project eligible for 
                assistance under this title that is located 
                within, or that provides access to, tribal 
                land, or is associated with a tribal 
                government.
          (2) Contract.-- In connection with an activity 
        described in paragraph (1), the Secretary and the 
        Secretary of the Interior may enter into a contract or 
        other appropriate agreement with respect to the 
        activity with--
                  (A) a State (including a political 
                subdivision of a State); or
                  (B) an Indian tribe.
          (3) Indian labor.-- Indian labor may be employed, in 
        accordance with such rules and regulations as may be 
        promulgated by the Secretary of the Interior, to carry 
        out any construction or other activity described in 
        paragraph (1).
          (4) Federal employment.-- No maximum limitation on 
        Federal employment shall be applicable to the 
        construction or improvement of tribal transportation 
        facilities.
          (5) Funds for construction and improvement.-- All 
        funds made available for the construction and 
        improvement of tribal transportation facilities shall 
        be administered in conformity with regulations and 
        agreements jointly approved by the Secretary and the 
        Secretary of the Interior.
          (6) Administrative expenses.-- Of the funds 
        authorized to be appropriated for the tribal 
        transportation program, not more than 5 percent may be 
        used by the Secretary or the Secretary of the Interior 
        for program management and oversight and project-
        related administrative expenses.
          (7) Tribal technical assistance centers.-- The 
        Secretary of the Interior may reserve amounts from 
        administrative funds of the Bureau of Indian Affairs 
        that are associated with the tribal transportation 
        program to fund tribal technical assistance centers 
        under section 504(b).
          (8) Maintenance.--
                  (A) Use of funds.-- Notwithstanding any other 
                provision of this title, of the amount of funds 
                allocated to an Indian tribe from the tribal 
                transportation program, for the purpose of 
                maintenance (excluding road sealing, which 
                shall not be subject to any limitation), the 
                Secretary shall not use an amount more than the 
                greater of--
                          (i) an amount equal to 25 percent; or
                          (ii) $500,000.
                  (B) Responsibility of bureau of indian 
                affairs and secretary of the interior.--
                          (i) Bureau of indian affairs.-- The 
                        Bureau of Indian Affairs shall retain 
                        primary responsibility, including 
                        annual funding request responsibility, 
                        for Bureau of Indian Affairs road 
                        maintenance programs on Indian 
                        reservations.
                          (ii) Secretary of the interior.-- The 
                        Secretary of the Interior shall ensure 
                        that funding made available under this 
                        subsection for maintenance of tribal 
                        transportation facilities for each 
                        fiscal year is supplementary to, and 
                        not in lieu of, any obligation of funds 
                        by the Bureau of Indian Affairs for 
                        road maintenance programs on Indian 
                        reservations.
                  (C) Tribal-state road maintenance 
                agreements.--
                          (i) In general.-- An Indian tribe and 
                        a State may enter into a road 
                        maintenance agreement under which an 
                        Indian tribe shall assume the 
                        responsibility of the State for--
                                  (I) tribal transportation 
                                facilities; and
                                  (II) roads providing access 
                                to tribal transportation 
                                facilities.
                          (ii) Requirements.-- Agreements 
                        entered into under clause (i) shall--
                                  (I) be negotiated between the 
                                State and the Indian tribe; and
                                  (II) not require the approval 
                                of the Secretary.
          (9) Cooperation.--
                  (A) In general.-- The cooperation of States, 
                counties, or other local subdivisions may be 
                accepted in construction and improvement.
                  (B) Funds received.-- Any funds received from 
                a State, county, or local subdivision shall be 
                credited to appropriations available for the 
                tribal transportation program.
          (10) Competitive bidding.--
                  (A) Construction.--
                          (i) In general.-- Subject to clause 
                        (ii) and subparagraph (B), construction 
                        of each project shall be performed by 
                        contract awarded by competitive 
                        bidding.
                          (ii) Exception.-- Clause (i) shall 
                        not apply if the Secretary or the 
                        Secretary of the Interior affirmatively 
                        finds that, under the circumstances 
                        relating to the project, a different 
                        method is in the public interest.
                  (B) Applicability.-- Notwithstanding 
                subparagraph (A), section 23 of the Act of June 
                25, 1910 (25 U.S.C. 47) and section 7(b) of the 
                Indian Self-Determination and Education 
                Assistance Act [(25 U.S.C. 450e(b))] (25 U.S.C. 
                5307(b)) shall apply to all funds administered 
                by the Secretary of the Interior that are 
                appropriated for the construction and 
                improvement of tribal transportation 
                facilities.
  (b) Funds Distribution.--
          (1) National tribal transportation facility 
        inventory.--
                  (A) In general.-- The Secretary of the 
                Interior, in cooperation with the Secretary, 
                shall maintain a comprehensive national 
                inventory of tribal transportation facilities 
                that are eligible for assistance under the 
                tribal transportation program.
                  (B) Transportation facilities included in the 
                inventory.-- For purposes of identifying the 
                tribal transportation system and determining 
                the relative transportation needs among Indian 
                tribes, the Secretary shall include, at a 
                minimum, transportation facilities that are 
                eligible for assistance under the tribal 
                transportation program that an Indian tribe has 
                requested, including facilities that--
                          (i) were included in the Bureau of 
                        Indian Affairs system inventory prior 
                        to October 1, 2004;
                          (ii) are owned by an Indian tribal 
                        government;
                          (iii) are owned by the Bureau of 
                        Indian Affairs;
                          (iv) were constructed or 
                        reconstructed with funds from the 
                        Highway Trust Fund under the Indian 
                        reservation roads program since 1983;
                          (v) are public roads or bridges 
                        within the exterior boundary of Indian 
                        reservations, Alaska Native villages, 
                        and other recognized Indian communities 
                        (including communities in former Indian 
                        reservations in the State of Oklahoma) 
                        in which the majority of residents are 
                        American Indians or Alaska Natives;
                          (vi) are public roads within or 
                        providing access to an Indian 
                        reservation or Indian trust land or 
                        restricted Indian land that is not 
                        subject to fee title alienation without 
                        the approval of the Federal Government, 
                        or Indian or Alaska Native villages, 
                        groups, or communities in which Indians 
                        and Alaska Natives reside, whom the 
                        Secretary of the Interior has 
                        determined are eligible for services 
                        generally available to Indians under 
                        Federal laws specifically applicable to 
                        Indians; or
                          (vii) are primary access routes 
                        proposed by tribal governments, 
                        including roads between villages, roads 
                        to landfills, roads to drinking water 
                        sources, roads to natural resources 
                        identified for economic development, 
                        and roads that provide access to 
                        intermodal terminals, such as airports, 
                        harbors, or boat landings.
                  (C) Limitation on primary access routes.-- 
                For purposes of this paragraph, a proposed 
                primary access route is the shortest 
                practicable route connecting 2 points of the 
                proposed route.
                  (D) Additional facilities.-- Nothing in this 
                paragraph precludes the Secretary from 
                including additional transportation facilities 
                that are eligible for funding under the tribal 
                transportation program in the inventory used 
                for the national funding allocation if such 
                additional facilities are included in the 
                inventory in a uniform and consistent manner 
                nationally.
                  (E) Bridges.-- All bridges in the inventory 
                shall be recorded in the national bridge 
                inventory administered by the Secretary under 
                section 144.
          (2) Regulations.-- Notwithstanding sections 563(a) 
        and 565(a) of title 5, the Secretary of the Interior 
        shall maintain any regulations governing the tribal 
        transportation program.
          (3) Basis for funding formula.--
                  (A) Basis.--
                          (i) In general.-- After making the 
                        set asides authorized under 
                        subparagraph (C) and subsections 
                        (a)(6), (c), (d), and (e) on October 1 
                        of each fiscal year, the Secretary 
                        shall distribute the remainder 
                        authorized to be appropriated for the 
                        tribal transportation program under 
                        this section among Indian tribes as 
                        follows:
                                  (I) For fiscal year 2013--
                                          (aa) for each Indian 
                                        tribe, 80 percent of 
                                        the total relative need 
                                        distribution factor and 
                                        population adjustment 
                                        factor for the fiscal 
                                        year 2011 funding 
                                        amount made available 
                                        to that Indian tribe; 
                                        and
                                          (bb) the remainder 
                                        using tribal shares as 
                                        described in 
                                        subparagraphs (B) and 
                                        (C).
                                  (II) For fiscal year 2014--
                                          (aa) for each Indian 
                                        tribe, 60 percent of 
                                        the total relative need 
                                        distribution factor and 
                                        population adjustment 
                                        factor for the fiscal 
                                        year 2011 funding 
                                        amount made available 
                                        to that Indian tribe; 
                                        and
                                          (bb) the remainder 
                                        using tribal shares as 
                                        described in 
                                        subparagraphs (B) and 
                                        (C).
                                  (III) For fiscal year 2015--
                                          (aa) for each Indian 
                                        tribe, 40 percent of 
                                        the total relative need 
                                        distribution factor and 
                                        population adjustment 
                                        factor for the fiscal 
                                        year 2011 funding 
                                        amount made available 
                                        to that Indian tribe; 
                                        and
                                          (bb) the remainder 
                                        using tribal shares as 
                                        described in 
                                        subparagraphs (B) and 
                                        (C).
                                  (IV) For fiscal year 2016 and 
                                thereafter--
                                          (aa) for each Indian 
                                        tribe, 20 percent of 
                                        the total relative need 
                                        distribution factor and 
                                        population adjustment 
                                        factor for the fiscal 
                                        year 2011 funding 
                                        amount made available 
                                        to that Indian tribe; 
                                        and
                                          (bb) the remainder 
                                        using tribal shares as 
                                        described in 
                                        subparagraphs (B) and 
                                        (C).
                          (ii) Tribal high priority projects.-- 
                        The High Priority Projects program as 
                        included in the Tribal Transportation 
                        Allocation Methodology of part 170 of 
                        title 25, Code of Federal Regulations 
                        (as in effect on the date of enactment 
                        of the MAP-21), shall not continue in 
                        effect.
                  (B) Tribal shares.-- Tribal shares under this 
                program shall be determined using the national 
                tribal transportation facility inventory as 
                calculated for fiscal year 2012, and the most 
                recent data on American Indian and Alaska 
                Native population within each Indian tribe's 
                American Indian/Alaska Native Reservation or 
                Statistical Area, as computed under the Native 
                American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4101 et 
                seq.), in the following manner:
                          (i) 27 percent in the ratio that the 
                        total eligible road mileage in each 
                        tribe bears to the total eligible road 
                        mileage of all American Indians and 
                        Alaskan Natives. For the purposes of 
                        this calculation, eligible road mileage 
                        shall be computed based on the 
                        inventory described in paragraph (1), 
                        using only facilities included in the 
                        inventory described in clause (i), 
                        (ii), or (iii) of paragraph (1)(B).
                          (ii) 39 percent in the ratio that the 
                        total population in each tribe bears to 
                        the total population of all American 
                        Indians and Alaskan Natives.
                          (iii) 34 percent shall be divided 
                        equally among each Bureau of Indian 
                        Affairs region. Within each region, 
                        such share of funds shall be 
                        distributed to each Indian tribe in the 
                        ratio that the average total relative 
                        need distribution factors and 
                        population adjustment factors from 
                        fiscal years 2005 through 2011 for a 
                        tribe bears to the average total of 
                        relative need distribution factors and 
                        population adjustment factors for 
                        fiscal years 2005 through 2011 in that 
                        region.
                  (C) Tribal supplemental funding.--
                          (i) Tribal supplemental funding 
                        amount.-- Of funds made available for 
                        each fiscal year for the tribal 
                        transportation program, the Secretary 
                        shall set aside the following amount 
                        for a tribal supplemental program:
                                  (I) If the amount made 
                                available for the tribal 
                                transportation program is less 
                                than or equal to $275,000,000, 
                                30 percent of such amount.
                                  (II) If the amount made 
                                available for the tribal 
                                transportation program exceeds 
                                $275,000,000--
                                          (aa) $82,500,000; 
                                        plus
                                          (bb) 12.5 percent of 
                                        the amount made 
                                        available for the 
                                        tribal transportation 
                                        program in excess of 
                                        $275,000,000.
                          (ii) Tribal supplemental 
                        allocation.-- The Secretary shall 
                        distribute tribal supplemental funds as 
                        follows:
                                  (I) Distribution among 
                                regions.-- Of the amounts set 
                                aside under clause (i), the 
                                Secretary shall distribute to 
                                each region of the Bureau of 
                                Indian Affairs a share of 
                                tribal supplemental funds in 
                                proportion to the regional 
                                total of tribal shares based on 
                                the cumulative tribal shares of 
                                all Indian tribes within such 
                                region under subparagraph (B).
                                  (II) Distribution within a 
                                region.-- Of the amount that a 
                                region receives under subclause 
                                (I), the Secretary shall 
                                distribute tribal supplemental 
                                funding among Indian tribes 
                                within such region as follows:
                                          (aa) Tribal 
                                        supplemental amounts.-- 
                                        The Secretary shall 
                                        determine--
                                                  (AA) which 
                                                such Indian 
                                                tribes would be 
                                                entitled under 
                                                subparagraph 
                                                (A) to receive 
                                                in a fiscal 
                                                year less 
                                                funding than 
                                                they would 
                                                receive in 
                                                fiscal year 
                                                2011 pursuant 
                                                to the relative 
                                                need 
                                                distribution 
                                                factor and 
                                                population 
                                                adjustment 
                                                factor, as 
                                                described in 
                                                subpart C of 
                                                part 170 of 
                                                title 25, Code 
                                                of Federal 
                                                Regulations (as 
                                                in effect on 
                                                the date of 
                                                enactment of 
                                                the MAP-21); 
                                                and
                                                  (BB) the 
                                                combined amount 
                                                that such 
                                                Indian tribes 
                                                would be 
                                                entitled to 
                                                receive in 
                                                fiscal year 
                                                2011 pursuant 
                                                to such 
                                                relative need 
                                                distribution 
                                                factor and 
                                                population 
                                                adjustment 
                                                factor in 
                                                excess of the 
                                                amount that 
                                                they would be 
                                                entitled to 
                                                receive in the 
                                                fiscal year 
                                                under 
                                                subparagraph 
                                                (B).
                                          (bb) Combined 
                                        amount.-- Subject to 
                                        subclause (III), the 
                                        Secretary shall 
                                        distribute to each 
                                        Indian tribe that meets 
                                        the criteria described 
                                        in item (aa)(AA) a 
                                        share of funding under 
                                        this subparagraph in 
                                        proportion to the share 
                                        of the combined amount 
                                        determined under item 
                                        (aa)(BB) attributable 
                                        to such Indian tribe.
                                  (III) Ceiling.-- An Indian 
                                tribe may not receive under 
                                subclause (II) and based on its 
                                tribal share under subparagraph 
                                (A) a combined amount that 
                                exceeds the amount that such 
                                Indian tribe would be entitled 
                                to receive in fiscal year 2011 
                                pursuant to the relative need 
                                distribution factor and 
                                population adjustment factor, 
                                as described in subpart C of 
                                part 170 of title 25, Code of 
                                Federal Regulations (as in 
                                effect on the date of enactment 
                                of the MAP-21).
                                  (IV) Other amounts.-- If the 
                                amount made available for a 
                                region under subclause (I) 
                                exceeds the amount distributed 
                                among Indian tribes within that 
                                region under subclause (II), 
                                the Secretary shall distribute 
                                the remainder of such region's 
                                funding under such subclause 
                                among all Indian tribes in that 
                                region in proportion to the 
                                combined amount that each such 
                                Indian tribe received under 
                                subparagraph (A) and subclauses 
                                (I), (II), and (III).
          (4) Transferred funds.--
                  (A) In general.-- Not later than 30 days 
                after the date on which funds are made 
                available to the Secretary of the Interior 
                under this paragraph, the funds shall be 
                distributed to, and made available for 
                immediate use by, eligible Indian tribes, in 
                accordance with the formula for distribution of 
                funds under the tribal transportation program.
                  (B) Use of funds.-- Notwithstanding any other 
                provision of this section, funds made available 
                to Indian tribes for tribal transportation 
                facilities shall be expended on projects 
                identified in a transportation improvement 
                program approved by the Secretary.
          (5) Health and safety assurances.-- Notwithstanding 
        any other provision of law, an Indian tribal government 
        may approve plans, specifications, and estimates and 
        commence road and bridge construction with funds made 
        available from the tribal transportation program 
        through a contract or agreement under the Indian Self-
        Determination and Education Assistance Act [(25 U.S.C. 
        450 et seq.)] (25 U.S.C. 5301 et seq.), if the Indian 
        tribal government--
                  (A) provides assurances in the contract or 
                agreement that the construction will meet or 
                exceed applicable health and safety standards;
                  (B) obtains the advance review of the plans 
                and specifications from a State-licensed civil 
                engineer that has certified that the plans and 
                specifications meet or exceed the applicable 
                health and safety standards; and
                  (C) provides a copy of the certification 
                under subparagraph (A) to the Deputy Assistant 
                Secretary for Tribal Government Affairs, 
                Department of Transportation, or the Assistant 
                Secretary for Indian Affairs, Department of the 
                Interior, as appropriate.
          (6) Contracts and agreements with indian tribes.--
                  (A) In general.-- Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available through the Secretary 
                of the Interior under this chapter and [section 
                125(e)] section 125(d) for tribal 
                transportation facilities to pay for the costs 
                of programs, services, functions, and 
                activities, or portions of programs, services, 
                functions, or activities, that are specifically 
                or functionally related to the cost of 
                planning, research, engineering, and 
                construction of any tribal transportation 
                facility shall be made available, upon request 
                of the Indian tribal government, to the Indian 
                tribal government for contracts and agreements 
                for such planning, research, engineering, and 
                construction in accordance with the   Indian 
                Self-Determination and Education Assistance Act 
                [(25 U.S.C. 450 et seq.)] (25 U.S.C. 5301 et 
                seq.).
                  (B) Exclusion of agency participation.-- All 
                funds, including contract support costs, for 
                programs, functions, services, or activities, 
                or portions of programs, services, functions, 
                or activities, including supportive 
                administrative functions that are otherwise 
                contractible to which subparagraph (A) applies, 
                shall be paid in accordance with subparagraph 
                (A), without regard to the organizational level 
                at which the Department of the Interior has 
                previously carried out such programs, 
                functions, services, or activities.
          (7) Contracts and agreements with indian tribes.--
                  (A) In general.-- Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available to an Indian tribal 
                government under this chapter for a tribal 
                transportation facility program or project 
                shall be made available, on the request of the 
                Indian tribal government, to the Indian tribal 
                government for use in carrying out, in 
                accordance with the Indian Self-Determination 
                and Education Assistance Act [(25 U.S.C. 450 et 
                seq.)] (25 U.S.C. 5301 et seq.), contracts and 
                agreements for the planning, research, design, 
                engineering, construction, and maintenance 
                relating to the program or project.
                  (B) Exclusion of agency participation.-- In 
                accordance with subparagraph (A), all funds, 
                including contract support costs, for a program 
                or project to which subparagraph (A) applies 
                shall be paid to the Indian tribal government 
                without regard to the organizational level at 
                which the Department of the Interior has 
                previously carried out, or the Department of 
                Transportation has previously carried out under 
                the tribal transportation program, the 
                programs, functions, services, or activities 
                involved.
                  (C) Consortia.-- Two or more Indian tribes 
                that are otherwise eligible to participate in a 
                program or project to which this chapter 
                applies may form a consortium to be considered 
                as a single Indian tribe for the purpose of 
                participating in the project under this 
                section.
                  (D) Secretary as signatory.-- Notwithstanding 
                any other provision of law, the Secretary is 
                authorized to enter into a funding agreement 
                with an Indian tribal government to carry out a 
                tribal transportation facility program or 
                project under subparagraph (A) that is located 
                on an Indian reservation or provides access to 
                the reservation or a community of the Indian 
                tribe.
                  (E) Funding.-- The amount an Indian tribal 
                government receives for a program or project 
                under subparagraph (A) shall equal the sum of 
                the funding that the Indian tribal government 
                would otherwise receive for the program or 
                project in accordance with the funding formula 
                established under this subsection and such 
                additional amounts as the Secretary determines 
                equal the amounts that would have been withheld 
                for the costs of the Bureau of Indian Affairs 
                for administration of the program or project.
                  (F) Eligibility.--
                          (i) In general.-- Subject to clause 
                        (ii) and the approval of the Secretary, 
                        funds may be made available under 
                        subparagraph (A) to an Indian tribal 
                        government for a program or project in 
                        a fiscal year only if the Indian tribal 
                        government requesting such funds 
                        demonstrates to the satisfaction of the 
                        Secretary financial stability and 
                        financial management capability during 
                        the 3 fiscal years immediately 
                        preceding the fiscal year for which the 
                        request is being made.
                          (ii) Considerations.-- An Indian 
                        tribal government that had no 
                        uncorrected significant and material 
                        audit exceptions in the required annual 
                        audit of the contracts or self-
                        governance funding agreements made by 
                        the Indian tribe with any Federal 
                        agency under the Indian Self-
                        Determination and Education Assistance 
                        Act [(25 U.S.C. 450 et seq.)] (25 
                        U.S.C. 5301 et seq.)   during the 3-
                        fiscal year period referred in clause 
                        (i) shall be conclusive evidence of the 
                        financial stability and financial 
                        management capability of the Indian 
                        tribe for purposes of clause (i).
                  (G) Assumption of functions and duties.-- An 
                Indian tribal government receiving funding 
                under subparagraph (A) for a program or project 
                shall assume all functions and duties that the 
                Secretary of the Interior would have performed 
                with respect to a program or project under this 
                chapter, other than those functions and duties 
                that inherently cannot be legally transferred 
                under the Indian Self-Determination and 
                Education Assistance Act [(25 U.S.C. 450 et 
                seq.)] (25 U.S.C. 5301 et seq.).
                  (H) Powers.-- An Indian tribal government 
                receiving funding under subparagraph (A) for a 
                program or project shall have all powers that 
                the Secretary of the Interior would have 
                exercised in administering the funds 
                transferred to the Indian tribal government for 
                such program or project under this section if 
                the funds had not been transferred, except to 
                the extent that such powers are powers that 
                inherently cannot be legally transferred under 
                the Indian Self-Determination and Education 
                Assistance Act [(25 U.S.C. 450 et seq.)] (25 
                U.S.C. 5301 et seq.).
                  (I) Dispute resolution.-- In the event of a 
                disagreement between the Secretary or the 
                Secretary of the Interior and an Indian tribe 
                over whether a particular function, duty, or 
                power may be lawfully transferred to the Indian 
                tribe under the Indian Self-Determination and 
                Education Assistance Act [(25 U.S.C. 450 et 
                seq.)] (25 U.S.C. 5301 et seq.), the Indian 
                tribe shall have the right to pursue all 
                alternative dispute resolution and appeal 
                procedures authorized by that Act, including 
                regulations issued to carry out the Act.
                  (J) Termination of contract or agreement.-- 
                On the date of the termination of a contract or 
                agreement under this section by an Indian 
                tribal government, the Secretary shall transfer 
                all funds that would have been allocated to the 
                Indian tribal government under the contract or 
                agreement to the Secretary of the Interior to 
                provide continued transportation services in 
                accordance with applicable law.
  (c) Planning.--
          (1) In general.-- For each fiscal year, not more than 
        2 percent of the funds made available for the tribal 
        transportation program shall be allocated among Indian 
        tribal governments that apply for transportation 
        planning pursuant to the Indian Self-Determination and 
        Education Assistance Act [(25 U.S.C. 450 et seq.)] (25 
        U.S.C. 5301 et seq.).
          (2) Requirement.-- An Indian tribal government, in 
        cooperation with the Secretary of the Interior and, as 
        appropriate, with a State, local government, or 
        metropolitan planning organization, shall carry out a 
        transportation planning process in accordance with 
        section 201(c).
          (3) Selection and approval of projects.-- A project 
        funded under this section shall be--
                  (A) selected by the Indian tribal government 
                from the transportation improvement program; 
                and
                  (B) subject to the approval of the Secretary 
                of the Interior and the Secretary.
  (d) Tribal Transportation Facility Bridges.--
          (1) Nationwide priority program.-- The Secretary 
        shall maintain a nationwide priority program for 
        [improving deficient] the construction and 
        reconstruction of bridges eligible for the tribal 
        transportation program.
          (2) Funding.-- Before making any distribution under 
        subsection (b), the Secretary shall set aside not more 
        than 3 percent of the funds made available under the 
        tribal transportation program for each fiscal year to 
        be allocated--
                  (A) to carry out any planning, design, 
                engineering, preconstruction, construction, and 
                inspection of a project to construct, replace, 
                rehabilitate, seismically retrofit, paint, 
                apply calcium magnesium acetate, sodium 
                acetate/formate, or other environmentally 
                acceptable, minimally corrosive anti-icing and 
                deicing composition; or
                  (B) to implement any countermeasure for 
                [deficient] tribal transportation facility 
                bridges in poor condition, including multiple-
                pipe culverts.
          (3)  [Eligible bridges] Eligibility for existing 
        bridges.-- To be eligible to receive funding under this 
        subsection, [a bridge] an existing bridge described in 
        paragraph (1) shall--
                  (A) have an opening of not less than 20 feet;
                  (B) be classified as a tribal transportation 
                facility; and
                  (C) be [structurally deficient or 
                functionally obsolete] in poor condition.
          (4) Approval requirement.-- The Secretary may make 
        funds available under this subsection for preliminary 
        engineering, construction, and construction engineering 
        activities after approval of required documentation and 
        verification of eligibility in accordance with this 
        title.
  (e) Safety.--
          (1) Funding.-- Before making any distribution under 
        subsection (b), the Secretary shall set aside not more 
        than 2 percent of the funds made available under the 
        tribal transportation program for each fiscal year to 
        be allocated based on an identification and analysis of 
        highway safety issues and opportunities on tribal land, 
        as determined by the Secretary, on application of the 
        Indian tribal governments [for eligible projects 
        described in section 148(a)(4).] 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. 
          (2) Project selection.-- An Indian tribal government, 
        in cooperation with the Secretary of the Interior and, 
        as appropriate, with a State, local government, or 
        metropolitan planning organization, shall select 
        projects from the transportation improvement program, 
        subject to the approval of the Secretary and the 
        Secretary of the Interior.
  (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).
  [(f)] (g) Federal-aid Eligible Projects.-- Before approving 
as a project on a tribal transportation facility any project 
eligible for funds apportioned under section 104 in a State, 
the Secretary shall, for projects on tribal transportation 
facilities, determine that the obligation of funds for the 
project is supplementary to and not in lieu of the obligation 
of a fair and equitable share of funds apportioned to the State 
under section 104.

Sec. 203. Federal lands transportation program

  (a) Use of Funds.--
          (1) In general.-- Funds made available under the 
        Federal lands transportation program shall be used by 
        the Secretary of Transportation and the Secretary of 
        the appropriate Federal land management agency to pay 
        the costs of--
                  (A) program administration, transportation 
                planning, research, preventive maintenance, 
                engineering, rehabilitation, restoration, 
                construction, and reconstruction of Federal 
                lands transportation facilities, and--
                          (i) adjacent vehicular parking areas;
                          (ii) acquisition of necessary scenic 
                        easements and scenic or historic sites;
                          (iii) provision for pedestrians and 
                        bicycles;
                          (iv) environmental mitigation in or 
                        adjacent to Federal land open to the 
                        public--
                                  (I) to improve public safety 
                                and reduce vehicle-caused 
                                wildlife mortality while 
                                maintaining habitat 
                                connectivity; and
                                  (II) to mitigate the damage 
                                to wildlife, aquatic organism 
                                passage, habitat, and ecosystem 
                                connectivity, including the 
                                costs of constructing, 
                                maintaining, replacing, or 
                                removing culverts and bridges, 
                                as appropriate;
                          (v) construction and reconstruction 
                        of roadside rest areas, including 
                        sanitary and water facilities;
                          (vi) congestion mitigation; and
                          (vii) other appropriate public road 
                        facilities, as determined by the 
                        Secretary;
                  (B) capital, operations, and maintenance of 
                transit facilities;
                  (C) any transportation project eligible for 
                assistance under this title that is on a public 
                road within or adjacent to, or that provides 
                access to, Federal lands open to the public; 
                and
                  (D) not more $10,000,000 of the amounts made 
                available per fiscal year to carry out this 
                section for activities eligible under 
                subparagraph (A)(iv)(I).
          (2) Contract.-- In connection with an activity 
        described in paragraph (1), the Secretary and the 
        Secretary of the appropriate Federal land management 
        agency may enter into a contract or other appropriate 
        agreement with respect to the activity with--
                  (A) a State (including a political 
                subdivision of a State); or
                  (B) an Indian tribe.
          (3) Administration.-- All appropriations for the 
        construction and improvement of Federal lands 
        transportation facilities shall be administered in 
        conformity with regulations and agreements jointly 
        approved by the Secretary and the Secretary of the 
        appropriate Federal land managing agency.
          (4) Cooperation.--
                  (A) In general.-- The cooperation of States, 
                counties, or other local subdivisions may be 
                accepted in construction and improvement.
                  (B) Funds received.-- Any funds received from 
                a State, county, or local subdivision shall be 
                credited to appropriations available for the 
                class of Federal lands transportation 
                facilities to which the funds were contributed.
          (5) Competitive bidding.--
                  (A) In general.-- Subject to subparagraph 
                (B), construction of each project shall be 
                performed by contract awarded by competitive 
                bidding.
                  (B) Exception.-- Subparagraph (A) shall not 
                apply if the Secretary or the Secretary of the 
                appropriate Federal land management agency 
                affirmatively finds that, under the 
                circumstances relating to the project, a 
                different method is in the public interest.
          (6) Transfer for high-commuter corridors.--
                  (A) Request.-- If the head of a covered 
                agency determines that a high-commuter corridor 
                requires additional investment, based on the 
                criteria described in subparagraph (D), the 
                head of a covered agency, with respect to such 
                corridor, shall submit to the State--
                          (i) information on condition of 
                        pavements and bridges;
                          (ii) an estimate of the amounts 
                        needed to bring such corridor into a 
                        state of good repair, taking into 
                        consideration any planned future 
                        investments; and
                          (iii) at the discretion of the head 
                        of a covered agency, a request that the 
                        State transfer to the covered agency, 
                        under the authority of section 132 or 
                        section 204, or to the Federal Highway 
                        Administration, under the authority of 
                        section 104, a portion of such amounts 
                        necessary to address the condition of 
                        the corridor.
                  (B) State response.-- Not later than 45 days 
                after the date of receipt of the request 
                described in subparagraph (A)(iii), the State 
                shall--
                          (i) approve the request;
                          (ii) deny the request and explain the 
                        reasons for such denial; or
                          (iii) request any additional 
                        information necessary to take action on 
                        the request.
                  (C) Notification to the secretary.-- The head 
                of a covered agency shall provide to the 
                Secretary a copy of any request described under 
                subparagraph (A)(iii) and response described 
                under subparagraph (B).
                  (D) Criteria.-- In making a determination 
                under subparagraph (A), the head of a covered 
                agency, with respect to the corridor, shall 
                consider--
                          (i) the condition of roads, bridges, 
                        and tunnels; and
                          (ii) the average annual daily 
                        traffic.
                  (E) Definitions.-- In this paragraph:
                          (i) Covered agency.-- The term 
                        ``covered agency'' means a Federal 
                        agency eligible to receive funds under 
                        this section, section 203, or section 
                        204, including the Army Corps of 
                        Engineers, Bureau of Reclamation, and 
                        the Bureau of Land Management.
                          (ii) High-commuter corridor.-- The 
                        term ``high-commuter corridor'' means a 
                        Federal lands transportation facility 
                        that has an average annual daily 
                        traffic of not less than 20,000 
                        vehicles.
  (b) Agency Program Distributions.--
          (1) In general.-- On October 1, 2011, and on October 
        1 of each fiscal year thereafter, the Secretary shall 
        allocate the sums authorized to be appropriated for the 
        fiscal year for the Federal lands transportation 
        program on the basis of applications of need, as 
        determined by the Secretary--
                  (A) in consultation with the Secretaries of 
                the applicable Federal land management 
                agencies; and
                  (B) in coordination with the transportation 
                plans required under section 201 of the 
                respective transportation systems of--
                          (i) the National Park Service;
                          (ii) the Forest Service;
                          (iii) the United States Fish and 
                        Wildlife Service;
                          (iv) the Corps of Engineers;
                          (v) the Bureau of Land Management;
                          (vi) the Bureau of Reclamation; and
                          (vii) independent Federal agencies 
                        with natural resource and land 
                        management responsibilities.
          (2) Applications.--
                  (A) Requirements.-- Each application 
                submitted by a Federal land management agency 
                shall include proposed programs at various 
                potential funding levels, as defined by the 
                Secretary following collaborative discussions 
                with applicable Federal land management 
                agencies.
                  (B) Consideration by secretary.-- In 
                evaluating an application submitted under 
                subparagraph (A), the Secretary shall consider 
                the extent to which the programs support 
                performance management, including--
                          (i) the transportation goals of--
                                  (I) a state of good repair of 
                                transportation facilities;
                                  (II) a reduction of bridge 
                                deficiencies; and
                                  (III) an improvement of 
                                safety;
                          (ii) high-use Federal recreational 
                        sites or Federal economic generators; 
                        and
                          (iii) the resource and asset 
                        management goals of the Secretary of 
                        the respective Federal land management 
                        agency.
                  (C) Permissive contents.-- Applications may 
                include proposed programs the duration of which 
                extend over a multiple-year period to support 
                long-term transportation planning and resource 
                management initiatives.
  (c) National Federal Lands Transportation Facility 
Inventory.--
          (1) In general.-- The Secretaries of the appropriate 
        Federal land management agencies, in cooperation with 
        the Secretary, shall maintain a comprehensive national 
        inventory of public Federal lands transportation 
        facilities.
          (2) Transportation facilities included in the 
        inventories.-- To identify the Federal lands 
        transportation system and determine the relative 
        transportation needs among Federal land management 
        agencies, the inventories shall include, at a minimum, 
        facilities that--
                  (A) provide access to high-use Federal 
                recreation sites or Federal economic 
                generators, as determined by the Secretary in 
                coordination with the respective Secretaries of 
                the appropriate Federal land management 
                agencies; and
                  (B) are owned by 1 of the following agencies:
                          (i) The National Park Service.
                          (ii) The Forest Service.
                          (iii) The United States Fish and 
                        Wildlife Service.
                          (iv) The Bureau of Land Management.
                          (v) The Corps of Engineers.
                          (vi) The Bureau of Reclamation.
          (3) Availability.-- The inventories shall be made 
        available to the Secretary.
          (4) Updates.-- The Secretaries of the appropriate 
        Federal land management agencies shall update the 
        inventories of the appropriate Federal land management 
        agencies, as determined by the Secretary after 
        collaborative discussions with the Secretaries of the 
        appropriate Federal land management agencies.
          (5) Review.-- A decision to add or remove a facility 
        from the inventory shall not be considered a Federal 
        action for purposes of review under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
  (d) Bicycle Safety.-- The Secretary of the appropriate 
Federal land management agency shall prohibit the use of 
bicycles on each federally owned road that has a speed limit of 
30 miles per hour or greater and an adjacent paved path for use 
by bicycles within 100 yards of the road unless the Secretary 
determines that the bicycle level of service on that roadway is 
rated B or higher.

Sec. 204. Federal lands access program

  (a) Use of Funds.--
          (1) In general.-- Funds made available under the 
        Federal lands access program shall be used by the 
        Secretary of Transportation and the Secretary of the 
        appropriate Federal land management agency to pay the 
        cost of--
                  (A) transportation planning, research, 
                engineering, preventive maintenance, 
                rehabilitation, restoration, context-sensitive 
                solutions, construction, and reconstruction of 
                Federal lands access transportation facilities 
                located on or adjacent to, or that provide 
                access to, Federal land, and--
                          (i) adjacent vehicular parking areas, 
                        including interpretive panels in or 
                        adjacent to those areas;
                          (ii) acquisition of necessary scenic 
                        easements and scenic or historic sites;
                          (iii) provisions for pedestrians and 
                        bicycles;
                          (iv) environmental mitigation in or 
                        adjacent to Federal land to improve 
                        public safety and reduce vehicle-caused 
                        wildlife mortality while maintaining 
                        habitat connectivity;
                          (v) construction and reconstruction 
                        of roadside rest areas, including 
                        sanitary and water facilities; [and]
                          (vi) contextual wayfinding markers;
                          (vii) landscaping;
                          (viii) cooperative mitigation of 
                        visual blight, including screening or 
                        removal; and
                          [(vi)] (ix) other appropriate public 
                        road facilities, as determined by the 
                        Secretary;
                  (B) operation and maintenance of transit 
                facilities; and
                  (C) any transportation project eligible for 
                assistance under this title that is within or 
                adjacent to, or that provides access to, 
                Federal land.
          (2) Contract.-- In connection with an activity 
        described in paragraph (1), the Secretary and the 
        Secretary of the appropriate Federal land management 
        agency may enter into a contract or other appropriate 
        agreement with respect to the activity with--
                  (A) a State (including a political 
                subdivision of a State); or
                  (B) an Indian tribe.
          (3) Administration.-- All appropriations for the 
        construction and improvement of Federal lands access 
        transportation facilities shall be administered in 
        conformity with regulations and agreements approved by 
        the Secretary.
          (4) Cooperation.--
                  (A) In general.-- The cooperation of States, 
                counties, or other local subdivisions may be 
                accepted in construction and improvement.
                  (B) Funds received.-- Any funds received from 
                a State, county, or local subdivision for a 
                Federal lands access transportation facility 
                project shall be credited to appropriations 
                available under the Federal lands access 
                program.
          (5) Competitive bidding.--
                  (A) In general.-- Subject to subparagraph 
                (B), construction of each project shall be 
                performed by contract awarded by competitive 
                bidding.
                  (B) Exception.-- Subparagraph (A) shall not 
                apply if the Secretary or the Secretary of the 
                appropriate Federal land management agency 
                affirmatively finds that, under the 
                circumstances relating to the project, a 
                different method is in the public interest.
          (6) Native plant materials.-- In carrying out an 
        activity described in paragraph (1), the Secretary 
        shall ensure that the entity carrying out the activity 
        considers--
                  (A) the use of locally adapted native plant 
                materials; and
                  (B) designs that minimize runoff and heat 
                generation.
  (b) Program Distributions.--
          (1) In general.-- Funding made available to carry out 
        the Federal lands access program shall be allocated 
        among those States that have Federal land, in 
        accordance with the following formula:
                  (A) 80 percent of the available funding for 
                use in those States that contain at least 1 1/2 
                percent of the total public land in the United 
                States managed by the agencies described in 
                paragraph (2), to be distributed as follows:
                          (i) 30 percent in the ratio that--
                                  (I) recreational visitation 
                                within each such State; bears 
                                to
                                  (II) the recreational 
                                visitation within all such 
                                States.
                          (ii) 5 percent in the ratio that--
                                  (I) the Federal land area 
                                within each such State; bears 
                                to
                                  (II) the Federal land area in 
                                all such States.
                          (iii) 55 percent in the ratio that--
                                  (I) the Federal public road 
                                miles within each such State; 
                                bears to
                                  (II) the Federal public road 
                                miles in all such States.
                          (iv) 10 percent in the ratio that--
                                  (I) the number of Federal 
                                public bridges within each such 
                                State; bears to
                                  (II) the number of Federal 
                                public bridges in all such 
                                States.
                  (B) 20 percent of the available funding for 
                use in those States that do not contain at 
                least 1 1/2 percent of the total public land in 
                the United States managed by the agencies 
                described in paragraph (2), to be distributed 
                as follows:
                          (i) 30 percent in the ratio that--
                                  (I) recreational visitation 
                                within each such State; bears 
                                to
                                  (II) the recreational 
                                visitation within all such 
                                States.
                          (ii) 5 percent in the ratio that--
                                  (I) the Federal land area 
                                within each such State; bears 
                                to
                                  (II) the Federal land area in 
                                all such States.
                          (iii) 55 percent in the ratio that--
                                  (I) the Federal public road 
                                miles within each such State; 
                                bears to
                                  (II) the Federal public road 
                                miles in all such States.
                          (iv) 10 percent in the ratio that--
                                  (I) the number of Federal 
                                public bridges within each such 
                                State; bears to
                                  (II) the number of Federal 
                                public bridges in all such 
                                States.
          (2) Data source.-- Data necessary to distribute 
        funding under paragraph (1) shall be provided by the 
        following Federal land management agencies:
                  (A) The National Park Service.
                  (B) The Forest Service.
                  (C) The United States Fish and Wildlife 
                Service.
                  (D) The Bureau of Land Management.
                  (E) The Corps of Engineers.
  (c) Programming Decisions Committee.--
          (1) In general.-- Programming decisions shall be made 
        within each State by a committee comprised of--
                  (A) a representative of the Federal Highway 
                Administration;
                  (B) a representative of the State Department 
                of Transportation; and
                  (C) a representative of any appropriate 
                political subdivision of the State.
          (2) Consultation requirement.-- The committee 
        described in paragraph (1) shall cooperate with each 
        applicable Federal agency in each State before any 
        joint discussion or final programming decision.
          (3) Project preference.-- In making a programming 
        decision under paragraph (1), the committee shall give 
        preference to projects that provide access to, are 
        adjacent to, or are located within high-use Federal 
        recreation sites or Federal economic generators, as 
        identified by the Secretaries of the appropriate 
        Federal land management agencies.

           *       *       *       *       *       *       *


Sec. 206. Recreational trails program

  (a) Definitions.-- In this section, the following definitions 
apply:
          (1) Motorized recreation.-- The term ``motorized 
        recreation'' means off-road recreation using any motor-
        powered vehicle, [except for a motorized wheelchair.] 
        except for--
                  (A) a motorized wheelchair; and 
                  (B) in any case in which applicable laws and 
                regulations permit use, an electric bicycle, as 
                defined in section 217(j). 
          (2) Recreational trail.-- The term ``recreational 
        trail'' means a thoroughfare or track across land or 
        snow, used for recreational purposes such as--
                  (A) pedestrian activities, including 
                wheelchair use;
                  (B) skating or skateboarding;
                  (C) equestrian activities, including carriage 
                driving;
                  (D) nonmotorized snow trail activities, 
                including skiing;
                  (E) bicycling or use of other human-powered 
                vehicles;
                  (F) aquatic or water activities; [and]
                  (G) motorized vehicular activities, including 
                all-terrain vehicle riding, motorcycling, 
                snowmobiling, use of off-road light trucks, or 
                use of other off-road motorized vehicles[.]; 
                and
                  (H) electric bicycling.
  (b) Program.-- In accordance with this section, the 
Secretary, in consultation with the Secretary of the Interior 
and the Secretary of Agriculture, shall carry out a program to 
provide and maintain recreational trails.
  (c) State Responsibilities.-- To be eligible for 
apportionments under this section--
          (1) the Governor of the State shall designate the 
        State agency or agencies that will be responsible for 
        administering apportionments made to the State under 
        this section; and
          (2) the State shall establish a State recreational 
        trail advisory committee that represents both motorized 
        and nonmotorized recreational trail users, which shall 
        meet not less often than once per fiscal year.
  (d) Use of Apportioned Funds.--
          (1) In general.-- Funds apportioned to a State to 
        carry out this section shall be obligated for 
        recreational trails and related projects that--
                  (A) have been planned and developed under the 
                laws, policies, and administrative procedures 
                of the State; and
                  (B) are identified in, or further a specific 
                goal of, a recreational trail plan, or a 
                statewide comprehensive outdoor recreation plan 
                required by chapter 2003 of title 54, that is 
                in effect.
          (2) Permissible uses.-- Permissible uses of funds 
        apportioned to a State for a fiscal year to carry out 
        this section include--
                  (A) maintenance and restoration of existing 
                recreational trails;
                  (B) development and rehabilitation of 
                trailside and trailhead facilities and trail 
                linkages for recreational trails;
                  (C) purchase and lease of recreational trail 
                construction and maintenance equipment;
                  (D) construction of new recreational trails, 
                except that, in the case of new recreational 
                trails crossing Federal lands, construction of 
                the trails shall be--
                          (i) permissible under other law;
                          (ii) necessary and recommended by a 
                        statewide comprehensive outdoor 
                        recreation plan that is required by 
                        chapter 2003 of title 54 and that is in 
                        effect;
                          (iii) approved by the administering 
                        agency of the State designated under 
                        subsection (c)(1); and
                          (iv) approved by each Federal agency 
                        having jurisdiction over the affected 
                        lands under such terms and conditions 
                        as the head of the Federal agency 
                        determines to be appropriate, except 
                        that the approval shall be contingent 
                        on compliance by the Federal agency 
                        with all applicable laws, including the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.), the 
                        Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 
                        U.S.C. 1600 et seq.), and the Federal 
                        Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.);
                  (E) acquisition of easements and fee simple 
                title to property for recreational trails or 
                recreational trail corridors;
                  (F) assessment of trail conditions for 
                accessibility and maintenance;
                  (G) development and dissemination of 
                publications and operation of educational 
                programs to promote safety and environmental 
                protection, (as those objectives relate to one 
                or more of the [use of recreational trails] 
                uses of recreational trails, supporting non-law 
                enforcement trail safety and trail use 
                monitoring patrol programs, and providing 
                trail-related training), but in an amount not 
                to exceed 5 percent of the apportionment made 
                to the State for the fiscal year; and
                  (H) payment of costs to the State incurred in 
                administering the program, but in an amount not 
                to exceed 7 percent of the apportionment made 
                to the State for the fiscal year.
          (3) Use of apportionments.--
                  (A) In general.-- Except as provided in 
                subparagraphs (B) and (C), of the 
                apportionments made to a State for a fiscal 
                year to carry out this section--
                          (i) 40 percent shall be used for 
                        recreational trail or related projects 
                        that facilitate diverse recreational 
                        trail use within a recreational trail 
                        corridor, trailside, or trailhead, 
                        regardless of whether the project is 
                        for diverse motorized use, for diverse 
                        nonmotorized use, or to accommodate 
                        both motorized and nonmotorized 
                        recreational trail use;
                          (ii) 30 percent shall be used for 
                        uses relating to motorized recreation; 
                        and
                          (iii) 30 percent shall be used for 
                        uses relating to nonmotorized 
                        recreation.
                  (B) Small state exclusion.-- Any State with a 
                total land area of less than 3,500,000 acres 
                shall be exempt from the requirements of 
                clauses (ii) and (iii) of subparagraph (A).
                  (C) State administrative costs.-- State 
                administrative costs eligible for funding under 
                paragraph (2)(H) shall be exempt from the 
                requirements of subparagraph (A).
          (4) Grants.--
                  (A) In general.-- A State may use funds 
                apportioned to the State to carry out this 
                section to make grants to private 
                organizations, municipal, county, State, and 
                Federal Government entities, and other 
                government entities as approved by the State 
                after considering guidance from the State 
                recreational trail advisory committee 
                established under subsection (c)(2), for uses 
                consistent with this section.
                  (B) Compliance.-- A State that makes grants 
                under subparagraph (A) shall establish measures 
                to verify that recipients of the grants comply 
                with the conditions of the program for the use 
                of grant funds.
  (e) Environmental Benefit or Mitigation.-- To the extent 
practicable and consistent with the other requirements of this 
section, a State should give consideration to project proposals 
that provide for the redesign, reconstruction, nonroutine 
maintenance, or relocation of recreational trails to benefit 
the natural environment or to mitigate and minimize the impact 
to the natural environment.
  (f) Federal Share.--
          (1) In general.-- Subject to the other provisions of 
        this subsection, the Federal share of the cost of a 
        project and the Federal share of the administrative 
        costs of a State under this section shall be determined 
        in accordance with section 120(b).
          (2) Federal agency project sponsor.-- Notwithstanding 
        any other provision of law, a Federal agency that 
        sponsors a project under this section may contribute 
        additional Federal funds toward the cost of a project, 
        except that--
                  (A) the share attributable to the Secretary 
                of Transportation may not exceed the amount 
                determined in accordance with section 120(b) 
                for the cost of a project under this section; 
                and
                  (B) the share attributable to the Secretary 
                and the Federal agency sponsoring the project 
                may not exceed 95 percent of the cost of a 
                project under this section.
          (3) Use of funds from federal programs to provide 
        non-federal share.-- Notwithstanding any other 
        provision of law, the non-Federal share of the cost of 
        the project may include amounts made available by the 
        Federal Government under any Federal program that are--
                  (A) expended in accordance with the 
                requirements of the Federal program relating to 
                activities funded and populations served; and
                  (B) expended on a project that is eligible 
                for assistance under this section.
          (4) Use of recreational trails program funds to match 
        other federal program funds.-- Notwithstanding any 
        other provision of law, funds made available under this 
        section may be used toward the non-Federal matching 
        share for other Federal program funds that are--
                  (A) expended in accordance with the 
                requirements of the Federal program relating to 
                activities funded and populations served; and
                  (B) expended on a project that is eligible 
                for assistance under this section.
          (5) Programmatic non-federal share.-- A State may 
        allow adjustments to the non-Federal share of an 
        individual project for a fiscal year under this section 
        if the Federal share of the cost of all projects 
        carried out by the State under the program (excluding 
        projects funded under paragraph (2) or (3)) using funds 
        apportioned to the State for the fiscal year does not 
        exceed the Federal share as determined in accordance 
        with section 120(b).
  (g) Uses Not Permitted.-- A State may not obligate funds 
apportioned to carry out this section for--
          (1) condemnation of any kind of interest in property;
          (2) construction of any recreational trail on 
        National Forest System land for any motorized use 
        unless--
                  (A) the land has been designated for uses 
                other than wilderness by an approved forest 
                land and resource management plan or has been 
                released to uses other than wilderness by an 
                Act of Congress; and
                  (B) the construction is otherwise consistent 
                with the management direction in the approved 
                forest land and resource management plan;
          (3) construction of any recreational trail on Bureau 
        of Land Management land for any motorized use unless 
        the land--
                  (A) has been designated for uses other than 
                wilderness by an approved Bureau of Land 
                Management resource management plan or has been 
                released to uses other than wilderness by an 
                Act of Congress; and
                  (B) the construction is otherwise consistent 
                with the management direction in the approved 
                management plan; or
          (4) upgrading, expanding, or otherwise facilitating 
        motorized use or access to recreational trails 
        predominantly used by nonmotorized recreational trail 
        users and on which, as of May 1, 1991, motorized use 
        was prohibited or had not occurred.
  (h) Project Administration.--
          (1) Credit for donations of funds, materials, 
        services, or new right-of-way.--
                  (A) In general.-- Nothing in this title or 
                other law shall prevent a project sponsor from 
                offering to donate funds, materials, services, 
                or a new right-of-way for the purposes of a 
                project eligible for assistance under this 
                section. Any funds, or the fair market value of 
                any materials, services, or new right-of-way, 
                may be donated by any project sponsor and shall 
                be credited to the non-Federal share in 
                accordance with subsection (f).
                  (B) Federal project sponsors.-- Any funds or 
                the fair market value of any materials or 
                services may be provided by a Federal project 
                sponsor and shall be credited to the Federal 
                agency's share in accordance with subsection 
                (f).
                  (C) Planning and environmental assessment 
                costs incurred prior to project approval.-- The 
                Secretary may allow preapproval planning and 
                environmental compliance costs to be credited 
                toward the non-Federal share of the cost of a 
                project described in subsection (d)(2) (other 
                than subparagraph (H)) in accordance with 
                subsection (f), limited to costs incurred less 
                than 18 months prior to project approval.
          (2) Recreational purpose.-- A project funded under 
        this section is intended to enhance recreational 
        opportunity and is not subject to section 138 of this 
        title or section 303 of title 49.
          (3) Continuing recreational use.-- At the option of 
        each State, funds apportioned to the State to carry out 
        this section may be treated as Land and Water 
        Conservation Fund apportionments for the purposes of 
        section 200305(f)(3) of title 54.
          (4) Cooperation by private persons.--
                  (A) Written assurances.-- As a condition of 
                making available apportionments for work on 
                recreational trails that would affect privately 
                owned land, a State shall obtain written 
                assurances that the owner of the land will 
                cooperate with the State and participate as 
                necessary in the activities to be conducted.
                  (B) Public access.-- Any use of the 
                apportionments to a State to carry out this 
                section on privately owned land must be 
                accompanied by an easement or other legally 
                binding agreement that ensures public access to 
                the recreational trail improvements funded by 
                the apportionments.
  (i) Contract Authority.-- Funds authorized to carry out this 
section shall be available for obligation in the same manner as 
if the funds were apportioned under chapter 1, except that the 
Federal share of the cost of a project under this section shall 
be determined in accordance with this section.
  (j) Special Rule.-- Section 113 shall not apply to projects 
under this section.
  (k) Use of Other Apportioned Funds.-- Funds apportioned to a 
State under section 104(b) that are obligated for recreational 
trails and related projects shall be administered as if such 
funds were made available for purposes described under this 
section.

Sec. 207. Tribal transportation self-governance program

  (a) Establishment.-- Subject to the requirements of this 
section, the Secretary shall establish and carry out a program 
to be known as the tribal transportation self-governance 
program. The Secretary may delegate responsibilities for 
administration of the program as the Secretary determines 
appropriate.
  (b) Eligibility.--
          (1) In general.-- Subject to paragraphs (2) and (3), 
        an Indian tribe shall be eligible to participate in the 
        program if the Indian tribe requests participation in 
        the program by resolution or other official action by 
        the governing body of the Indian tribe, and 
        demonstrates, for the preceding 3 fiscal years, 
        financial stability and financial management 
        capability, and transportation program management 
        capability.
          (2) Criteria for determining financial stability and 
        financial management capacity.-- For the purposes of 
        paragraph (1), evidence that, during the preceding 3 
        fiscal years, an Indian tribe had no uncorrected 
        significant and material audit exceptions in the 
        required annual audit of the Indian tribe's self-
        determination contracts or self-governance funding 
        agreements with any Federal agency shall be conclusive 
        evidence of the required financial stability and 
        financial management capability.
          (3) Criteria for determining transportation program 
        management capability.-- The Secretary shall require an 
        Indian tribe to demonstrate transportation program 
        management capability, including the capability to 
        manage and complete projects eligible under this title 
        and projects eligible under chapter 53 of title 49, to 
        gain eligibility for the program.
  (c) Compacts.--
          (1) Compact required.-- Upon the request of an 
        eligible Indian tribe, and subject to the requirements 
        of this section, the Secretary shall negotiate and 
        enter into a written compact with the Indian tribe for 
        the purpose of providing for the participation of the 
        Indian tribe in the program.
          (2) Contents.-- A compact entered into under 
        paragraph (1) shall set forth the general terms of the 
        government-to-government relationship between the 
        Indian tribe and the United States under the program 
        and other terms that will continue to apply in future 
        fiscal years.
          (3) Amendments.-- A compact entered into with an 
        Indian tribe under paragraph (1) may be amended only by 
        mutual agreement of the Indian tribe and the Secretary.
  (d) Annual Funding Agreements.--
          (1) Funding agreement required.-- After entering into 
        a compact with an Indian tribe under subsection (c), 
        the Secretary shall negotiate and enter into a written 
        annual funding agreement with the Indian tribe.
          (2) Contents.--
                  (A) In general.--
                          (i) Formula funding and discretionary 
                        grants.-- A funding agreement entered 
                        into with an Indian tribe shall 
                        authorize the Indian tribe, as 
                        determined by the Indian tribe, to 
                        plan, conduct, consolidate, administer, 
                        and receive full tribal share funding, 
                        tribal transit formula funding, and 
                        funding to tribes from discretionary 
                        and competitive grants administered by 
                        the Department for all programs, 
                        services, functions, and activities (or 
                        portions thereof) that are made 
                        available to Indian tribes to carry out 
                        tribal transportation programs and 
                        programs, services, functions, and 
                        activities (or portions thereof) 
                        administered by the Secretary that are 
                        otherwise available to Indian tribes.
                          (ii) Transfers of state funds.--
                                  (I) Inclusion of transferred 
                                funds in funding agreement.-- A 
                                funding agreement entered into 
                                with an Indian tribe shall 
                                include Federal-aid funds 
                                apportioned to a State under 
                                chapter 1 if the State elects 
                                to provide a portion of such 
                                funds to the Indian tribe for a 
                                project eligible under section 
                                202(a). The provisions of this 
                                section shall be in addition to 
                                the methods for making funding 
                                contributions described in 
                                section 202(a)(9). Nothing in 
                                this section shall diminish the 
                                authority of the Secretary to 
                                provide funds to an Indian 
                                tribe under section 202(a)(9).
                                  (II) Method for transfers.-- 
                                If a State elects to provide 
                                funds described in subclause 
                                (I) to an Indian tribe--
                                          (aa) the transfer may 
                                        occur in accordance 
                                        with section 202(a)(9); 
                                        or
                                          (bb) the State shall 
                                        transfer the funds back 
                                        to the Secretary and 
                                        the Secretary shall 
                                        transfer the funds to 
                                        the Indian tribe in 
                                        accordance with this 
                                        section.
                                  (III) Responsibility for 
                                transferred funds.-- 
                                Notwithstanding any other 
                                provision of law, if a State 
                                provides funds described in 
                                subclause (I) to an Indian 
                                tribe--
                                          (aa) the State shall 
                                        not be responsible for 
                                        constructing or 
                                        maintaining a project 
                                        carried out using the 
                                        funds or for 
                                        administering or 
                                        supervising the project 
                                        or funds during the 
                                        applicable statute of 
                                        limitations period 
                                        related to the 
                                        construction of the 
                                        project; and
                                          (bb) the Indian tribe 
                                        shall be responsible 
                                        for constructing and 
                                        maintaining a project 
                                        carried out using the 
                                        funds and for 
                                        administering and 
                                        supervising the project 
                                        and funds in accordance 
                                        with this section 
                                        during the applicable 
                                        statute of limitations 
                                        period related to the 
                                        construction of the 
                                        project.
                  (B) Administration of tribal shares.-- The 
                tribal shares referred to in subparagraph (A) 
                shall be provided without regard to the agency 
                or office of the Department within which the 
                program, service, function, or activity (or 
                portion thereof) is performed.
                  (C) Flexible and innovative financing.--
                          (i) In general.-- A funding agreement 
                        entered into with an Indian tribe under 
                        paragraph (1) shall include provisions 
                        pertaining to flexible and innovative 
                        financing if agreed upon by the 
                        parties.
                          (ii) Terms and conditions.--
                                  (I) Authority to issue 
                                regulations.-- The Secretary 
                                may issue regulations to 
                                establish the terms and 
                                conditions relating to the 
                                flexible and innovative 
                                financing provisions referred 
                                to in clause (i).
                                  (II) Terms and conditions in 
                                absence of regulations.-- If 
                                the Secretary does not issue 
                                regulations under subclause 
                                (I), the terms and conditions 
                                relating to the flexible and 
                                innovative financing provisions 
                                referred to in clause (i) shall 
                                be consistent with--
                                          (aa) agreements 
                                        entered into by the 
                                        Department under--
                                                  (AA) section 
                                                202(b)(7); and
                                                  (BB) section 
                                                202(d)(5), as 
                                                in effect 
                                                before the date 
                                                of enactment of 
                                                MAP-21 (Public 
                                                Law 112-141); 
                                                or
                                          (bb) regulations of 
                                        the Department of the 
                                        Interior relating to 
                                        flexible financing 
                                        contained in part 170 
                                        of title 25, Code of 
                                        Federal Regulations, as 
                                        in effect on the date 
                                        of enactment of the 
                                        FAST Act.
          (3) Terms.-- A funding agreement shall set forth--
                  (A) terms that generally identify the 
                programs, services, functions, and activities 
                (or portions thereof) to be performed or 
                administered by the Indian tribe; and
                  (B) for items identified in subparagraph 
                (A)--
                          (i) the general budget category 
                        assigned;
                          (ii) the funds to be provided, 
                        including those funds to be provided on 
                        a recurring basis;
                          (iii) the time and method of transfer 
                        of the funds;
                          (iv) the responsibilities of the 
                        Secretary and the Indian tribe; and
                          (v) any other provision agreed to by 
                        the Indian tribe and the Secretary.
          (4) Subsequent funding agreements.--
                  (A) Applicability of existing agreement.-- 
                Absent notification from an Indian tribe that 
                the Indian tribe is withdrawing from or 
                retroceding the operation of 1 or more 
                programs, services, functions, or activities 
                (or portions thereof) identified in a funding 
                agreement, or unless otherwise agreed to by the 
                parties, each funding agreement shall remain in 
                full force and effect until a subsequent 
                funding agreement is executed.
                  (B) Effective date of subsequent agreement.-- 
                The terms of the subsequent funding agreement 
                shall be retroactive to the end of the term of 
                the preceding funding agreement.
          (5) Consent of indian tribe required.-- The Secretary 
        shall not revise, amend, or require additional terms in 
        a new or subsequent funding agreement without the 
        consent of the Indian tribe that is subject to the 
        agreement unless such terms are required by Federal 
        law.
  (e) General Provisions.--
          (1) Redesign and consolidation.--
                  (A) In general.-- An Indian tribe, in any 
                manner that the Indian tribe considers to be in 
                the best interest of the Indian community being 
                served, may--
                          (i) redesign or consolidate programs, 
                        services, functions, and activities (or 
                        portions thereof) included in a funding 
                        agreement; and
                          (ii) reallocate or redirect funds for 
                        such programs, services, functions, and 
                        activities (or portions thereof), if 
                        the funds are--
                                  (I) expended on projects 
                                identified in a transportation 
                                improvement program approved by 
                                the Secretary; and
                                  (II) used in accordance with 
                                the requirements in--
                                          (aa) appropriations 
                                        Acts;
                                          (bb) this title and 
                                        chapter 53 of title 49; 
                                        and
                                          (cc) any other 
                                        applicable law.
                  (B) Exception.-- Notwithstanding subparagraph 
                (A), if, pursuant to subsection (d), an Indian 
                tribe receives a discretionary or competitive 
                grant from the Secretary or receives State 
                apportioned funds, the Indian tribe shall use 
                the funds for the purpose for which the funds 
                were originally authorized.
          (2) Retrocession.--
                  (A) In general.--
                          (i) Authority of indian tribes.-- An 
                        Indian tribe may retrocede (fully or 
                        partially) to the Secretary programs, 
                        services, functions, or activities (or 
                        portions thereof) included in a compact 
                        or funding agreement.
                          (ii) Reassumption of remaining 
                        funds.-- Following a retrocession 
                        described in clause (i), the Secretary 
                        may--
                                  (I) reassume the remaining 
                                funding associated with the 
                                retroceded programs, functions, 
                                services, and activities (or 
                                portions thereof) included in 
                                the applicable compact or 
                                funding agreement;
                                  (II) out of such remaining 
                                funds, transfer funds 
                                associated with Department of 
                                Interior programs, services, 
                                functions, or activities (or 
                                portions thereof) to the 
                                Secretary of the Interior to 
                                carry out transportation 
                                services provided by the 
                                Secretary of the Interior; and
                                  (III) distribute funds not 
                                transferred under subclause 
                                (II) in accordance with 
                                applicable law.
                          (iii) Correction of programs.-- If 
                        the Secretary makes a finding under 
                        subsection (f)(2)(B) and no funds are 
                        available under subsection 
                        (f)(2)(A)(ii), the Secretary shall not 
                        be required to provide additional funds 
                        to complete or correct any programs, 
                        functions, services, or activities (or 
                        portions thereof).
                  (B) Effective date.-- Unless the Indian tribe 
                rescinds a request for retrocession, the 
                retrocession shall become effective within the 
                timeframe specified by the parties in the 
                compact or funding agreement. In the absence of 
                such a specification, the retrocession shall 
                become effective on--
                          (i) the earlier of--
                                  (I) 1 year after the date of 
                                submission of the request; or
                                  (II) the date on which the 
                                funding agreement expires; or
                          (ii) such date as may be mutually 
                        agreed upon by the parties and, with 
                        respect to Department of the Interior 
                        programs, functions, services, and 
                        activities (or portions thereof), the 
                        Secretary of the Interior.
  (f) Provisions Relating to Secretary.--
          (1) Decisionmaker.-- A decision that relates to an 
        appeal of the rejection of a final offer by the 
        Department shall be made either--
                  (A) by an official of the Department who 
                holds a position at a higher organizational 
                level within the Department than the level of 
                the departmental agency in which the decision 
                that is the subject of the appeal was made; or
                  (B) by an administrative judge.
          (2) Termination of compact or funding agreement.--
                  (A) Authority to terminate.--
                          (i) Provision to be included in 
                        compact or funding agreement.-- A 
                        compact or funding agreement shall 
                        include a provision authorizing the 
                        Secretary, if the Secretary makes a 
                        finding described in subparagraph (B), 
                        to--
                                  (I) terminate the compact or 
                                funding agreement (or a portion 
                                thereof); and
                                  (II) reassume the remaining 
                                funding associated with the 
                                reassumed programs, functions, 
                                services, and activities 
                                included in the compact or 
                                funding agreement.
                          (ii) Transfers of funds.-- Out of any 
                        funds reassumed under clause (i)(II), 
                        the Secretary may transfer the funds 
                        associated with Department of the 
                        Interior programs, functions, services, 
                        and activities (or portions thereof) to 
                        the Secretary of the Interior to 
                        provide continued transportation 
                        services in accordance with applicable 
                        law.
                  (B) Findings resulting in termination.-- The 
                finding referred to in subparagraph (A) is a 
                specific finding of--
                          (i) imminent jeopardy to a trust 
                        asset, natural resources, or public 
                        health and safety that is caused by an 
                        act or omission of the Indian tribe and 
                        that arises out of a failure to carry 
                        out the compact or funding agreement, 
                        as determined by the Secretary; or
                          (ii) gross mismanagement with respect 
                        to funds or programs transferred to the 
                        Indian tribe under the compact or 
                        funding agreement, as determined by the 
                        Secretary in consultation with the 
                        Inspector General of the Department, as 
                        appropriate.
                  (C) Prohibition.-- The Secretary shall not 
                terminate a compact or funding agreement (or 
                portion thereof) unless--
                          (i) the Secretary has first provided 
                        written notice and a hearing on the 
                        record to the Indian tribe that is 
                        subject to the compact or funding 
                        agreement; and
                          (ii) the Indian tribe has not taken 
                        corrective action to remedy the 
                        mismanagement of funds or programs or 
                        the imminent jeopardy to a trust asset, 
                        natural resource, or public health and 
                        safety.
                  (D) Exception.--
                          (i) In general.-- Notwithstanding 
                        subparagraph (C), the Secretary, upon 
                        written notification to an Indian tribe 
                        that is subject to a compact or funding 
                        agreement, may immediately terminate 
                        the compact or funding agreement (or 
                        portion thereof) if--
                                  (I) the Secretary makes a 
                                finding of imminent substantial 
                                and irreparable jeopardy to a 
                                trust asset, natural resource, 
                                or public health and safety; 
                                and
                                  (II) the jeopardy arises out 
                                of a failure to carry out the 
                                compact or funding agreement.
                          (ii) Hearings.-- If the Secretary 
                        terminates a compact or funding 
                        agreement (or portion thereof) under 
                        clause (i), the Secretary shall provide 
                        the Indian tribe subject to the compact 
                        or agreement with a hearing on the 
                        record not later than 10 days after the 
                        date of such termination.
                  (E) Burden of proof.-- In any hearing or 
                appeal involving a decision to terminate a 
                compact or funding agreement (or portion 
                thereof) under this paragraph, the Secretary 
                shall have the burden of proof in demonstrating 
                by clear and convincing evidence the validity 
                of the grounds for the termination.
  (g) Cost Principles.-- In administering funds received under 
this section, an Indian tribe shall apply cost principles under 
the applicable Office of Management and Budget circular, except 
as modified by section 106 of the Indian Self-Determination and 
Education Assistance Act [(25 U.S.C. 450j-1)] (25 U.S.C. 5325), 
other provisions of law, or by any exemptions to applicable 
Office of Management and Budget circulars subsequently granted 
by the Office of Management and Budget. No other audit or 
accounting standards shall be required by the Secretary. Any 
claim by the Federal Government against the Indian tribe 
relating to funds received under a funding agreement based on 
any audit conducted pursuant to this subsection shall be 
subject to the provisions of section 106(f) of that Act [(25 
U.S.C. 450j-1(f))] (25 U.S.C. 5325(f)).
  (h) Transfer of Funds.-- The Secretary shall provide funds to 
an Indian tribe under a funding agreement in an amount equal 
to--
          (1) the sum of the funding that the Indian tribe 
        would otherwise receive for the program, function, 
        service, or activity in accordance with a funding 
        formula or other allocation method established under 
        this title or chapter 53 of title 49; and
          (2) such additional amounts as the Secretary 
        determines equal the amounts that would have been 
        withheld for the costs of the Bureau of Indian Affairs 
        for administration of the program or project.
  (i) Construction Programs.--
          (1) Standards.-- Construction projects carried out 
        under programs administered by an Indian tribe with 
        funds transferred to the Indian tribe pursuant to a 
        funding agreement entered into under this section shall 
        be constructed pursuant to the construction program 
        standards set forth in applicable regulations or as 
        specifically approved by the Secretary (or the 
        Secretary's designee).
          (2) Monitoring.-- Construction programs shall be 
        monitored by the Secretary in accordance with 
        applicable regulations.
  (j) Facilitation.--
          (1) Secretarial interpretation.-- Except as otherwise 
        provided by law, the Secretary shall interpret all 
        Federal laws, Executive orders, and regulations in a 
        manner that will facilitate--
                  (A) the inclusion of programs, services, 
                functions, and activities (or portions thereof) 
                and funds associated therewith, in compacts and 
                funding agreements; and
                  (B) the implementation of the compacts and 
                funding agreements.
          (2) Regulation waiver.--
                  (A) In general.-- An Indian tribe may submit 
                to the Secretary a written request to waive 
                application of a regulation promulgated under 
                this section with respect to a compact or 
                funding agreement. The request shall identify 
                the regulation sought to be waived and the 
                basis for the request.
                  (B) Approvals and denials.--
                          (i) In general.-- Not later than 90 
                        days after the date of receipt of a 
                        written request under subparagraph (A), 
                        the Secretary shall approve or deny the 
                        request in writing.
                          (ii) Review.-- The Secretary shall 
                        review any application by an Indian 
                        tribe for a waiver bearing in mind 
                        increasing opportunities for using 
                        flexible policy approaches at the 
                        Indian tribal level.
                          (iii) Deemed approval.-- If the 
                        Secretary does not approve or deny a 
                        request submitted under subparagraph 
                        (A) on or before the last day of the 
                        90-day period referred to in clause 
                        (i), the request shall be deemed 
                        approved.
                          (iv) Denials.-- If the application 
                        for a waiver is not granted, the agency 
                        shall provide the applicant with the 
                        reasons for the denial as part of the 
                        written response required in clause 
                        (i).
                          (v) Finality of decisions.-- A 
                        decision by the Secretary under this 
                        subparagraph shall be final for the 
                        Department.
  (k) Disclaimers.--
          (1) Existing authority.-- Notwithstanding any other 
        provision of law, upon the election of an Indian tribe, 
        the Secretary shall--
                  (A) maintain current tribal transportation 
                program funding agreements and program 
                agreements; or
                  (B) enter into new agreements under the 
                authority of section 202(b)(7).
          (2) Limitation on statutory construction.-- Nothing 
        in this section may be construed to impair or diminish 
        the authority of the Secretary under section 202(b)(7).
  (l) Applicability of Indian Self-Determination and Education 
Assistance Act.-- Except to the extent in conflict with this 
section (as determined by the Secretary), the following 
provisions of the Indian Self-Determination and Education 
Assistance Act shall apply to compact and funding agreements 
(except that any reference to the Secretary of the Interior or 
the Secretary of Health and Human Services in such provisions 
shall be treated as a reference to the Secretary of 
Transportation):
          (1) Subsections (a), (b), (d), (g), and (h) of 
        section 506 of such Act [(25 U.S.C. 458aaa-5)] (25 
        U.S.C. 5386), relating to general provisions.
          (2) Subsections (b) through (e) and (g) of section 
        507 of such Act [(25 U.S.C. 458aaa-6)] (25 U.S.C. 
        5387), relating to provisions relating to the Secretary 
        of Health and Human Services.
          (3) Subsections (a), (b), (d), (e), (g), (h), (i), 
        and (k) of section 508 of such Act [(25 U.S.C. 458aaa-
        7)] (25 U.S.C. 5388), relating to transfer of funds.
          (4) Section 510 of such Act [(25 U.S.C. 458aaa-9)] 
        (25 U.S.C. 5390), relating to Federal procurement laws 
        and regulations.
          (5) Section 511 of such Act [(25 U.S.C. 458aaa-10)] 
        (25 U.S.C. 5391), relating to civil actions.
          (6) Subsections (a)(1), (a)(2), and (c) through (f) 
        of section 512 of such Act [(25 U.S.C. 458aaa-11)] (25 
        U.S.C. 5392), relating to facilitation, except that 
        subsection (c)(1) of that section shall be applied by 
        substituting ``transportation facilities and other 
        facilities'' for ``school buildings, hospitals, and 
        other facilities''.
          (7) Subsections (a) and (b) of section 515 of such 
        Act [(25 U.S.C. 458aaa-14)] (25 U.S.C. 5395), relating 
        to disclaimers.
          (8) Subsections (a) and (b) of section 516 of such 
        Act [(25 U.S.C. 458aaa-15)] (25 U.S.C. 5396), relating 
        to application of title I provisions.
          (9) Section 518 of such Act [(25 U.S.C. 458aaa-17)] 
        (25 U.S.C. 5398), relating to appeals.
  (m) Definitions.--
          (1) In general.-- In this section, the following 
        definitions apply (except as otherwise expressly 
        provided):
                  (A) Compact.-- The term ``compact'' means a 
                compact between the Secretary and an Indian 
                tribe entered into under subsection (c).
                  (B) Department.-- The term ``Department'' 
                means the Department of Transportation.
                  (C) Eligible indian tribe.-- The term 
                ``eligible Indian tribe'' means an Indian tribe 
                that is eligible to participate in the program, 
                as determined under subsection (b).
                  (D) Funding agreement.-- The term ``funding 
                agreement'' means a funding agreement between 
                the Secretary and an Indian tribe entered into 
                under subsection (d).
                  (E) Indian tribe.-- The term ``Indian tribe'' 
                means any Indian or Alaska Native tribe, band, 
                nation, pueblo, village, or community that is 
                recognized as eligible for the special programs 
                and services provided by the United States to 
                Indians because of their status as Indians. In 
                any case in which an Indian tribe has 
                authorized another Indian tribe, an intertribal 
                consortium, or a tribal organization to plan 
                for or carry out programs, services, functions, 
                or activities (or portions thereof) on its 
                behalf under this section, the authorized 
                Indian tribe, intertribal consortium, or tribal 
                organization shall have the rights and 
                responsibilities of the authorizing Indian 
                tribe (except as otherwise provided in the 
                authorizing resolution or in this title). In 
                such event, the term ``Indian tribe'' as used 
                in this section shall include such other 
                authorized Indian tribe, intertribal 
                consortium, or tribal organization.
                  (F) Program.-- The term ``program'' means the 
                tribal transportation self-governance program 
                established under this section.
                  (G) Secretary.-- The term ``Secretary'' means 
                the Secretary of Transportation.
                  (H) Transportation programs.-- The term 
                ``transportation programs'' means all programs 
                administered or financed by the Department 
                under this title and chapter 53 of title 49.
          (2) Applicability of other definitions.-- In this 
        section, the definitions set forth in sections 4 and 
        [505] 501 of the Indian Self-Determination and 
        Education Assistance Act [(25 U.S.C. 450b; 458aaa)] (25 
        U.S.C. 5304; 5381) apply, except as otherwise expressly 
        provided in this section.
  (n) Regulations.--
          (1) In general.--
                  (A) Promulgation.-- Not later than 90 days 
                after the date of enactment of the FAST Act, 
                the Secretary shall initiate procedures under 
                subchapter III of chapter 5 of title 5 to 
                negotiate and promulgate such regulations as 
                are necessary to carry out this section.
                  (B) Publication of proposed regulations.-- 
                Proposed regulations to implement this section 
                shall be published in the Federal Register by 
                the Secretary not later than 42 months after 
                such date of enactment.
                  (C) Expiration of authority.-- The authority 
                to promulgate regulations under subparagraph 
                (A) shall expire 48 months after such date of 
                enactment.
                  (D) Extension of deadlines.-- A deadline set 
                forth in subparagraph (B) or (C) may be 
                extended up to 180 days if the negotiated 
                rulemaking committee referred to in paragraph 
                (2) concludes that the committee cannot meet 
                the deadline and the Secretary so notifies the 
                appropriate committees of Congress.
          (2) Committee.--
                  (A) In general.-- A negotiated rulemaking 
                committee established pursuant to section 565 
                of title 5 to carry out this subsection shall 
                have as its members only Federal and tribal 
                government representatives, a majority of whom 
                shall be nominated by and be representatives of 
                Indian tribes with funding agreements under 
                this title.
                  (B) Requirements.-- The committee shall 
                confer with, and accommodate participation by, 
                representatives of Indian tribes, inter-tribal 
                consortia, tribal organizations, and individual 
                tribal members.
                  (C) Adaptation of procedures.-- The Secretary 
                shall adapt the negotiated rulemaking 
                procedures to the unique context of self-
                governance and the government-to-government 
                relationship between the United States and 
                Indian tribes.
          (3) Effect.-- The lack of promulgated regulations 
        shall not limit the effect of this section.
          (4) Effect of circulars, policies, manuals, guidance, 
        and rules.-- Unless expressly agreed to by the 
        participating Indian tribe in the compact or funding 
        agreement, the participating Indian tribe shall not be 
        subject to any agency circular, policy, manual, 
        guidance, or rule adopted by the Department, except 
        regulations promulgated under this section.

Sec. 208. Federal lands and Tribal major projects program

  (a) Establishment.-- The Secretary shall establish a Federal 
lands and Tribal major projects program (referred to in this 
section as the ``program'') to provide funding to construct, 
reconstruct, or rehabilitate critical Federal lands and Tribal 
transportation infrastructure.
  (b) Eligible Applicants.--
          (1) In general.-- Except as provided in paragraph 
        (2), entities eligible to receive funds under sections 
        201, 202, 203, and 204 may apply for funding under the 
        program.
          (2) Special rule.-- A State, county, or unit of local 
        government may only apply for funding under the program 
        if sponsored by an eligible Federal agency or Indian 
        Tribe.
  (c) Eligible Projects.-- An eligible project under the 
program shall be on a Federal lands transportation facility, a 
Federal lands access transportation facility, or a tribal 
transportation facility, except that such facility is not 
required to be included in an inventory described in section 
202 or 203, and for which--
          (1) the project--
                  (A) has completed the activities required 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) which has been 
                demonstrated through--
                          (i) a record of decision with respect 
                        to the project;
                          (ii) a finding that the project has 
                        no significant impact; or
                          (iii) a determination that the 
                        project is categorically excluded; or
                  (B) is reasonably expected to begin 
                construction not later than 18 months after the 
                date of obligation of funds for the project; 
                and
          (2) the project has an estimated cost equal to or 
        exceeding--
                  (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.

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Sec. 211. Safe routes to school program

  (a) Program.-- The Secretary shall carry out a safe routes to 
school program for the benefit of children in primary, middle, 
and high schools.
  (b) Purposes.-- The purposes of the program shall be--
          (1) to enable and encourage children, including those 
        with disabilities, to walk and bicycle to school;
          (2) to make bicycling and walking to school a safer 
        and more appealing transportation alternative, thereby 
        encouraging a healthy and active lifestyle from an 
        early age; and
          (3) to facilitate the planning, development, and 
        implementation of projects and activities that will 
        improve safety and reduce traffic, fuel consumption, 
        and air pollution in the vicinity of schools.
  (c) Use of Funds.-- Amounts apportioned to a State under 
paragraphs (2) and (3) of section 104(b) may be used to carry 
out projects, programs, and other activities under this 
section.
  (d) Eligible Entities.-- Projects, programs, and activities 
funded under this section may be carried out by eligible 
entities described under section 133(h)(4)(B) that demonstrate 
an ability to meet the requirements of this section.
  (e) Eligible Projects and Activities.--
          (1) Infrastructure-related projects.--
                  (A) In general.-- A State may obligate funds 
                under this section for the planning, design, 
                and construction of infrastructure-related 
                projects that will substantially improve the 
                ability of students to walk and bicycle to 
                school, including sidewalk improvements, 
                traffic calming and speed reduction 
                improvements, pedestrian and bicycle crossing 
                improvements, on-street bicycle facilities, 
                off-street bicycle and pedestrian facilities, 
                secure bicycle parking facilities, and traffic 
                diversion improvements in the vicinity of 
                schools.
                  (B) Location of projects.-- Infrastructure-
                related projects under subparagraph (A) may be 
                carried out on any public road or any bicycle 
                or pedestrian pathway or trail in the vicinity 
                of schools.
          (2) Noninfrastructure-related activities.-- In 
        addition to projects described in paragraph (1), a 
        State may obligate funds under this section for 
        noninfrastructure-related activities to encourage 
        walking and bicycling to school, including--
                  (A) public awareness campaigns and outreach 
                to press and community leaders;
                  (B) traffic education and enforcement in the 
                vicinity of schools;
                  (C) student sessions on bicycle and 
                pedestrian safety, health, and environment;
                  (D) programs that address personal safety; 
                and
                  (E) funding for training, volunteers, and 
                managers of safe routes to school programs.
          (3) Safe routes to school coordinator.-- Each State 
        receiving an apportionment under paragraphs (2) and (3) 
        of section 104(b) shall use a sufficient amount of the 
        apportionment to fund a full-time position of 
        coordinator of the State's safe routes to school 
        program.
          (4) Rural school district outreach.-- A coordinator 
        described in paragraph (3) shall conduct outreach to 
        ensure that rural school districts in the State are 
        aware of such State's safe routes to school program and 
        any funds authorized by this section.
  (f) Federal Share.-- The Federal share of the cost of a 
project, program, or activity under this section shall be 100 
percent.
  (g) Clearinghouse.--
          (1) In general.-- The Secretary shall maintain a 
        national safe routes to school clearinghouse to--
                  (A) develop information and educational 
                programs on safe routes to school; and
                  (B) provide technical assistance and 
                disseminate techniques and strategies used for 
                successful safe routes to school programs.
          (2) Funding.-- The Secretary shall carry out this 
        subsection using amounts authorized to be appropriated 
        for administrative expenses under section 104(a).
  (h) Definitions.-- In this section, the following definitions 
apply:
          (1) In the vicinity of schools.-- The term ``in the 
        vicinity of schools'' means, with respect to a school, 
        the area within bicycling and walking distance of the 
        school (approximately 2 miles).
          (2) Primary, middle, and high schools.-- The term 
        ``primary, middle, and high schools'' means schools 
        providing education from kindergarten through twelfth 
        grade.

Sec. 212. Use of youth service and conservation corps

  (a) In general The Secretary may allow and shall encourage 
project sponsors to enter into contracts and cooperative 
agreements with qualified youth service or conservation corps, 
as described in sections 122(a)(2) of the National and 
Community Service Act of 1990 (42 U.S.C. 12572(a)(2)) and 
106(c)(3) of the National and Community Service Trust Act of 
1993 (42 U.S.C. 12656(c)(3)) to perform appropriate projects 
eligible under sections 133(h), 162, 206, and 211.
  (b) Requirements Under any contract or cooperative agreement 
entered into with a qualified youth service or conservation 
corps under this section, the Secretary shall--
          (1) set the amount of a living allowance or rate of 
        pay for each participant in such corps at--
                  (A) such amount or rate as required under 
                State law in a State with such requirements; or
                  (B) for corps in States not described in 
                subparagraph (A), at such amount or rate as 
                determined by the Secretary, not to exceed the 
                maximum living allowance authorized by section 
                140 of the National and Community Service Act 
                of 1990 (42 U.S.C. 12594); and
          (2) not subject such corps to the requirements of 
        section 112.

           *       *       *       *       *       *       *


Sec. 217. Bicycle transportation and pedestrian walkways

  (a) Use of STP and Congestion Mitigation Program Funds.-- 
Subject to project approval by the Secretary, a State may 
obligate funds apportioned to it under sections 104(b)(2) and 
104(b)(4) of this title for construction of pedestrian walkways 
and bicycle transportation facilities and for carrying out 
nonconstruction projects related to safe bicycle use.
  (b) Use of National Highway Performance Program Funds.-- 
Subject to project approval by the Secretary, a State may 
obligate funds apportioned to it under section 104(b)(1) of 
this title for construction of pedestrian walkways and bicycle 
transportation facilities on land adjacent to any highway on 
the National Highway System.
  (c) Use of Federal Lands Highway Funds.-- Funds authorized 
for forest highways, forest development roads and trails, 
public lands development roads and trails, park roads, 
parkways, Indian reservation roads, and public lands highways 
shall be available, at the discretion of the department charged 
with the administration of such funds, for the construction of 
pedestrian walkways and bicycle transportation facilities.
  (d) State Bicycle and Pedestrian Coordinators.-- Each State 
receiving an apportionment under sections 104(b)(2) and 
[104(b)(3)] 104(b)(4) of this title shall use such amount of 
the apportionment as may be necessary to fund in the State 
department of transportation [a position] at least one full-
time positions of bicycle and pedestrian coordinator for 
promoting and facilitating the increased use of nonmotorized 
modes of transportation, including developing facilities for 
the use of pedestrians and bicyclists and public education, 
promotional, and safety programs for using such facilities.
  (e) Bridges.-- In any case where a highway bridge deck being 
replaced or rehabilitated with Federal financial participation 
is located on a highway on which [bicycles] pedestrians or 
bicyclists are permitted to operate at each end of such bridge, 
and the Secretary determines that the safe accommodation of 
[bicycles] pedestrians or bicyclists can be provided at 
reasonable cost as part of such replacement or rehabilitation, 
then such bridge shall be so replaced or rehabilitated as to 
provide such safe accommodations.
  (f) Federal Share.-- For all purposes of this title, 
construction of a pedestrian walkway and a bicycle 
transportation facility shall be deemed to be a highway project 
and the Federal share payable on account of such construction 
shall be determined in accordance with section 120(b).
  (g) Planning and Design.--
          (1) In general.-- Bicyclists and pedestrians shall be 
        given due consideration in the comprehensive 
        transportation plans developed by each metropolitan 
        planning organization and State in accordance with 
        sections 134 and 135, respectively. Bicycle 
        transportation facilities and pedestrian walkways shall 
        be considered, where appropriate, in conjunction with 
        all new construction and reconstruction of 
        transportation facilities, except where bicycle and 
        pedestrian use are not permitted.
          (2) Safety considerations.-- Transportation plans and 
        projects shall provide due consideration for safety and 
        contiguous routes for bicyclists and pedestrians. 
        Safety considerations shall include the installation, 
        where appropriate, and maintenance of audible traffic 
        signals and audible signs at street crossings.
  (h) Use of Motorized Vehicles.-- Motorized vehicles may not 
be permitted on trails and pedestrian walkways under this 
section, except for--
          (1) maintenance purposes;
          (2) when snow conditions and State or local 
        regulations permit, snowmobiles;
          (3) motorized wheelchairs;
          (4) when State or local regulations permit, electric 
        bicycles; and
          (5) such other circumstances as the Secretary deems 
        appropriate.
  (i) Transportation Purpose.-- No bicycle project may be 
carried out under this section unless the Secretary has 
determined that such bicycle project will be principally for 
transportation, rather than recreation, purposes.
  (j) Definitions.-- In this section, the following definitions 
apply:
          (1) Bicycle transportation facility.-- The term 
        ``bicycle transportation facility'' means a new or 
        improved lane, path, or shoulder for use by bicyclists 
        or operators of micromobility devices and a traffic 
        control device, shelter, or parking facility for 
        bicycles.
          [(2) Electric bicycle.--The term ``electric bicycle'' 
        means any bicycle or tricycle with a low-powered 
        electric motor weighing under 100 pounds, with a top 
        motor-powered speed not in excess of 20 miles per 
        hour.]
          (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.
          (3) Micromobility device.-- The term ``micromobility 
        device'' means any wheeled vehicle equipped with a low 
        powered electric motor--
                  (A) that is designed primarily for human 
                transport;
                  (B) that weighs not more than 100 pounds; and
                  (C) that has a top speed of 20 miles per hour 
                or less.
          (3) Pedestrian.-- The term ``pedestrian'' means any 
        person traveling by foot and any mobility-impaired 
        person using a wheelchair.
          (4) Wheelchair.-- The term ``wheelchair'' means a 
        mobility aid, usable indoors, and designed for and used 
        by individuals with mobility impairments, whether 
        operated manually or motorized.

           *       *       *       *       *       *       *


                     CHAPTER 3--GENERAL PROVISIONS

Sec.
301. Freedom from tolls.
     * * * * * * *
[325. State assumption of responsibilities for certain programs and 
          projects.]

           *       *       *       *       *       *       *


Sec. 313. Buy America

  (a) [Notwithstanding] In General._Notwithstanding  any other 
provision of law, the [Secretary of Transportation] Secretary 
shall not obligate any funds authorized to be appropriated to 
carry out [the Surface Transportation Assistance Act of 1982 
(96 Stat. 2097) or] this title and administered by the 
Department of Transportation, unless steel, iron, [and 
manufactured products] manufactured products, and construction 
materials used in such project are produced in the United 
States.
  (b) Determination._ The provisions of subsection (a) of this 
section shall not apply where the Secretary finds--
          (1) that their application would be inconsistent with 
        the public interest;
          (2) that such materials and products are not produced 
        in the United States in sufficient and reasonably 
        available quantities and of a satisfactory quality; or
          (3) that inclusion of domestic material will increase 
        the cost of the overall project contract by more than 
        25 percent.
  (c) [For purposes] Calculation._For purposes  of this 
section, in calculating components' costs, labor costs involved 
in final assembly shall not be included in the calculation.
  (d) [The Secretary of Transportation] Requirements._The 
Secretary  shall not impose any limitation or condition on 
assistance provided under [the Surface Transportation 
Assistance Act of 1982 (96 Stat. 2097) or] this title that 
restricts any State from imposing more stringent requirements 
than this section on the use of articles, materials, and 
supplies mined, produced, or manufactured in foreign countries 
in projects carried out with such assistance or restricts any 
recipient of such assistance from complying with such State 
imposed requirements.
  (e) Intentional Violations.--If it has been determined by a 
court or Federal agency that any person intentionally--
          (1) affixed a label bearing a ``Made in America'' 
        inscription, or any inscription with the same meaning, 
        to any product used in projects to which this section 
        applies, sold in or shipped to the United States that 
        was not made in the United States; or
          (2) represented that any product used in projects to 
        which this section applies, sold in or shipped to the 
        United States that was not produced in the United 
        States, was produced in the United [States;] States,
that person shall be ineligible to receive any contract or 
subcontract made with funds authorized under the Intermodal 
Surface Transportation Efficiency Act of 1991 pursuant to the 
debarment, suspension, and ineligibility procedures in subpart 
9.4 of chapter 1 of title 48, Code of Federal Regulations.
  (f) Limitation on Applicability of Waivers to Products 
Produced in Certain Foreign Countries.--If the Secretary, in 
consultation with the United States Trade Representative, 
determines that--
          (1) a foreign country is a party to an agreement with 
        the United States and pursuant to that agreement the 
        head of an agency of the United States has waived the 
        requirements of this section[, and]; and
          (2) the foreign country has violated the terms of the 
        agreement by discriminating against products covered by 
        this section that are produced in the United States and 
        are covered by the agreement,
the provisions of subsection (b) shall not apply to products 
produced in that foreign country.
  (g) Application to Highway Programs.--The requirements under 
this section shall apply to all contracts eligible for 
assistance under this chapter for a 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.), or within the scope of the applicable finding, 
determination, or environmental review decision made pursuant 
to authority granted by the Secretary under section 330, if 
applicable, regardless of the funding source of such contracts, 
if at least 1 contract for the project is funded with amounts 
made available to carry out this title.
  (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).
          (4) Consideration.--In conducting the review under 
        paragraph (1), the Secretary shall consider the 
        research on supply chains carried out under section 
        1112(c) of the INVEST in America Act.
  (j) Report.--Not later than 120 days after the last day of 
each fiscal year, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives, the Committee on Appropriations of the House 
of Representatives, the Committee on Environment and Public 
Works of the Senate, and the Committee on Appropriations of the 
Senate a report on the waivers provided under subsection (h) 
during the previous fiscal year and the justifications for such 
waivers.
  (k) Construction Materials Defined.--In this section, the 
term ``construction materials'' means primary materials, except 
for iron and steel, that are commonly used in highway 
construction, as determined by the Secretary.

           *       *       *       *       *       *       *


Sec. 322. Magnetic levitation transportation technology deployment 
                    program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Eligible project costs.--The term ``eligible 
        project costs''--
                  (A) means the capital cost of the fixed 
                guideway infrastructure of a MAGLEV project, 
                including land, piers, guideways, propulsion 
                equipment and other components attached to 
                guideways, power distribution facilities 
                (including substations), control and 
                communications facilities, access roads, and 
                storage, repair, and maintenance facilities, 
                but not including costs incurred for a new 
                station; and
                  (B) includes the costs of preconstruction 
                planning activities.
          (2) Full project costs.--The term ``full project 
        costs'' means the total capital costs of a MAGLEV 
        project, including eligible project costs and the costs 
        of stations, vehicles, and equipment.
          (3) MAGLEV.--The term ``MAGLEV'' means transportation 
        systems employing magnetic levitation that would be 
        capable of safe use by the public at a speed in excess 
        of 240 miles per hour.
          (4) Partnership potential.--The term ``partnership 
        potential'' has the meaning given the term in the 
        commercial feasibility study of high-speed ground 
        transportation conducted under section 1036 of the 
        Intermodal Surface Transportation Efficiency Act of 
        1991 (105 Stat. 1978).
  (b) Financial Assistance.--
          (1) In general.--The Secretary shall make available 
        financial assistance to pay the Federal share of full 
        project costs of eligible projects selected under this 
        section. Financial assistance made available under this 
        section and projects assisted with the assistance shall 
        be subject to section 5333(a) of title 49, United 
        States Code.
          (2) Federal share.--The Federal share of full project 
        costs under paragraph (1) shall be not more than 2/3.
          (3) Use of assistance.--Financial assistance provided 
        under paragraph (1) shall be used only to pay eligible 
        project costs of projects selected under this section.
  (c) Solicitation of Applications for Assistance.--Not later 
than 180 days after the date of enactment of this subsection, 
the Secretary shall solicit applications from States, or 
authorities designated by 1 or more States, for financial 
assistance authorized by subsection (b) for planning, design, 
and construction of eligible MAGLEV projects.
  (d) Project Eligibility.--To be eligible to receive financial 
assistance under subsection (b), a project shall--
          (1) involve a segment or segments of a high-speed 
        ground transportation corridor that exhibit partnership 
        potential;
          (2) require an amount of Federal funds for project 
        financing that will not exceed the sum of--
                  (A) the amounts made available under 
                subsection (h)(1); and
                  (B) the amounts made available by States 
                under subsection (h)(3);
          (3) result in an operating transportation facility 
        that provides a revenue producing service;
          (4) be undertaken through a public and private 
        partnership, with at least 1/3 of full project costs 
        paid using non-Federal funds;
          (5) satisfy applicable statewide and metropolitan 
        planning requirements;
          (6) be approved by the Secretary based on an 
        application submitted to the Secretary by a State or 
        authority designated by 1 or more States;
          (7) to the extent that non-United States MAGLEV 
        technology is used within the United States, be carried 
        out as a technology transfer project; and
          (8) be carried out using materials at least 70 
        percent of which are manufactured in the United States.
  (e) Project Selection Criteria.--Prior to soliciting 
applications, the Secretary shall establish criteria for 
selecting which eligible projects under subsection (d) will 
receive financial assistance under subsection (b). The criteria 
shall include the extent to which--
          (1) a project is nationally significant, including 
        the extent to which the project will demonstrate the 
        feasibility of deployment of MAGLEV technology 
        throughout the United States;
          (2) timely implementation of the project will reduce 
        congestion in other modes of transportation and reduce 
        the need for additional highway or airport 
        construction;
          (3) States, regions, and localities financially 
        contribute to the project;
          (4) implementation of the project will create new 
        jobs in traditional and emerging industries;
          (5) the project will augment MAGLEV networks 
        identified as having partnership potential;
          (6) financial assistance would foster public and 
        private partnerships for infrastructure development and 
        attract private debt or equity investment;
          (7) financial assistance would foster the timely 
        implementation of a project; and
          (8) life-cycle costs in design and engineering are 
        considered and enhanced.
  (f) Project Selection.--
          (1) Preconstruction planning activities.--Not later 
        than 90 days after a deadline established by the 
        Secretary for the receipt of applications, the 
        Secretary shall evaluate the eligible projects in 
        accordance with the selection criteria and select 1 or 
        more eligible projects to receive financial assistance 
        for preconstruction planning activities, including--
                  (A) preparation of such feasibility studies, 
                major investment studies, and environmental 
                impact statements and assessments as are 
                required under State law;
                  (B) pricing of the final design, engineering, 
                and construction activities proposed to be 
                assisted under paragraph (2); and
                  (C) such other activities as are necessary to 
                provide the Secretary with sufficient 
                information to evaluate whether a project 
                should receive financial assistance for final 
                design, engineering, and construction 
                activities under paragraph (2).
          (2) Final design, engineering, and construction 
        activities.--After completion of preconstruction 
        planning activities for all projects assisted under 
        paragraph (1), the Secretary shall select 1 of the 
        projects to receive financial assistance for final 
        design, engineering, and construction activities.
  (g) Joint Ventures.--A project undertaken by a joint venture 
of United States and non-United States persons (including a 
project involving the deployment of non-United States MAGLEV 
technology in the United States) shall be eligible for 
financial assistance under this section if the project is 
eligible under subsection (d) and selected under subsection 
(f).
  (h) Funding.--
          (1) In general.--
                  (A) Contract authority; authorization of 
                appropriations.--
                          (i) In general.--There is authorized 
                        to be appropriated from the Highway 
                        Trust Fund (other than the Mass Transit 
                        Account) to carry out this section 
                        $15,000,000 for fiscal year 1999, 
                        $20,000,000 for fiscal year 2000, and 
                        $25,000,000 for fiscal year 2001.
                          (ii) Contract authority.--Funds 
                        authorized by this subparagraph shall 
                        be available for obligation in the same 
                        manner as if the funds were apportioned 
                        under chapter 1, except that--
                                  (I) the Federal share of the 
                                cost of a project carried out 
                                under this section shall be 
                                determined in accordance with 
                                subsection (b); and
                                  (II) the availability of the 
                                funds shall be determined in 
                                accordance with paragraph (2).
                  (B) Noncontract authority authorization of 
                appropriations.--
                          (i) In general.--There are authorized 
                        to be appropriated from the Highway 
                        Trust Fund (other than the Mass Transit 
                        Account) to carry out this section 
                        (other than subsection (i)) 
                        $200,000,000 for each of fiscal years 
                        2000 and 2001, $250,000,000 for fiscal 
                        year 2002, and $300,000,000 for fiscal 
                        year 2003.
                          (ii) Availability.--Notwithstanding 
                        section 118(a), funds made available 
                        under clause (i) shall not be available 
                        in advance of an annual appropriation.
          (2) Availability of funds.--Funds made available 
        under paragraph (1) shall remain available until 
        expended.
          (3) Other federal funds.--Notwithstanding any other 
        provision of law, funds made available to a State to 
        carry out the surface transportation [block grant] 
        program under section 133 and the congestion mitigation 
        and air quality improvement program under section 149 
        may be used by the State to pay a portion of the full 
        project costs of an eligible project selected under 
        this section, without requirement for non-Federal 
        funds.
          (4) Other assistance.--Notwithstanding any other 
        provision of law, an eligible project selected under 
        this section shall be eligible for other forms of 
        financial assistance provided under this title and the 
        Transportation Equity Act for the 21st Century, 
        including loans, loan guarantees, and lines of credit.
  (i) Low-Speed Project.--
          (1) In general.--Notwithstanding any other provision 
        of this section, of the funds made available by 
        subsection (h)(1)(A) to carry out this section, 
        $5,000,000 shall be made available to the Secretary to 
        make grants for the research and development of low-
        speed superconductivity magnetic levitation technology 
        for public transportation purposes in urban areas to 
        demonstrate energy efficiency, congestion mitigation, 
        and safety benefits.
          (2) Noncontract authority authorization of 
        appropriations.--
                  (A) In general.--There are authorized to be 
                appropriated from the Highway Trust Fund (other 
                than the Mass Transit Account) to carry out 
                this subsection such sums as are necessary for 
                each of fiscal years 2000 through 2003.
                  (B) Availability.--Notwithstanding section 
                118(a), funds made available under subparagraph 
                (A)--
                          (i) shall not be available in advance 
                        of an annual appropriation; and
                          (ii) shall remain available until 
                        expended.

Sec. 323. Donations and credits

  (a) Donations of Property Being Acquired.--Nothing in this 
title, or in any other provision of law, shall be construed to 
prevent a person whose real property is being acquired in 
connection with a project under this title, after he has been 
fully informed of his right to receive just compensation for 
the acquisition of his property, from making a gift or donation 
of such property, or any part thereof, or of any of the 
compensation paid therefor, to a Federal agency, a State or a 
State agency, or a political subdivision of a State, as said 
person shall determine.
  (b) Credit for Acquired Lands.--
          (1) In general.--Notwithstanding any other provision 
        of this title, the State share of the cost of a project 
        with respect to which Federal assistance is provided 
        from the Highway Trust Fund (other than the Mass 
        Transit Account) may be credited in an amount equal to 
        the fair market value of any land that--
                  (A) is lawfully obtained by the State or a 
                unit of local government in the State;
                  (B) is incorporated into the project;
                  (C) is not land described in section 138; and
                  (D) the Secretary determines will not 
                influence the environmental assessment of the 
                project, including--
                          (i) the decision as to the need to 
                        construct the project;
                          (ii) the consideration of 
                        alternatives; and
                          (iii) the selection of a specific 
                        location.
          (2) Establishment of fair market value.--The fair 
        market value of land incorporated into a project and 
        credited under paragraph (1) shall be established in 
        the manner determined by the Secretary, except that--
                  (A) the fair market value shall not include 
                any increase or decrease in the value of 
                donated property caused by the project; and
                  (B) the fair market value of donated land 
                shall be established as of the earlier of--
                          (i) the date on which the donation 
                        becomes effective; or
                          (ii) the date on which equitable 
                        title to the land vests in the State.
          (3) Limitation on applicability.--This subsection 
        shall not apply to donations made by an agency of the 
        Federal Government.
          (4) Limitation on amount of credit.--The credit 
        received by a State pursuant to this subsection may not 
        exceed the State's matching share for the project.
  (c) Credit for Donations of Funds, Materials, or Services.--
Nothing in this title or any other law shall prevent a person 
from offering to donate funds, materials, or services, or a 
local government from offering to donate funds, materials, or 
services performed by local government employees, in connection 
with a project eligible for assistance under this title. In the 
case of such a project with respect to which the Federal 
Government and the State share in paying the cost, any donated 
funds, or the fair market value of any donated materials or 
services, that are accepted and incorporated into the project 
by the State transportation department shall be credited 
against the State share.
  (d) Procedures.--A gift or donation in accordance with 
subsection (a) may be made at any time during the development 
of a project. Any document executed as part of such donation 
prior to the approval of an environmental document prepared 
pursuant to the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) shall clearly indicate that--
          (1) all alternatives to a proposed alignment will be 
        studied and considered pursuant to such Act;
          (2) acquisition of property under this section shall 
        not influence the environmental assessment of a project 
        including the decision relative to the need to 
        construct the project or the selection of a specific 
        location; and
          (3) any property acquired by gift or donation shall 
        be revested in the grantor or successors in interest if 
        such property is not required for the alignment chosen 
        after public hearings, if required, and completion of 
        the environmental document.

           *       *       *       *       *       *       *


[Sec. 325. State assumption of responsibilities for certain programs 
                    and projects

  [(a) Assumption of Secretary's Responsibilities Under 
Applicable Federal Laws.--
          [(1) Pilot program.--
                  [(A) Establishment.--The Secretary may 
                establish a pilot program under which States 
                may assume the responsibilities of the 
                Secretary under any Federal laws subject to the 
                requirements of this section.
                  [(B) First 3 fiscal years.--In the first 3 
                fiscal years following the date of enactment of 
                the SAFETEA-LU, the Secretary may allow up to 5 
                States to participate in the pilot program.
          [(2) Scope of program.--Under the pilot program, the 
        Secretary may assign, and a State may assume, any of 
        the Secretary's responsibilities (other than 
        responsibilities relating to federally recognized 
        Indian tribes) for environmental reviews, consultation, 
        or decisionmaking or other actions required under any 
        Federal law as such requirements apply to the following 
        projects:
                  [(A) Projects funded under section 104(h).
                  [(B) Transportation enhancement activities 
                under section 133, as such term is defined in 
                section 101(a)(35).
  [(b) Agreements.--
          [(1) In general.--The Secretary shall enter into a 
        memorandum of understanding with a State participating 
        in the pilot program setting forth the responsibilities 
        to be assigned under subsection (a)(2) and the terms 
        and conditions under which the assignment is being 
        made.
          [(2) Certification.--Before the Secretary enters into 
        a memorandum of understanding with a State under 
        paragraph (1), the State shall certify that the State 
        has in effect laws (including regulations) applicable 
        to projects carried out and funded under this title and 
        chapter 53 of title 49 that authorize the State to 
        carry out the responsibilities being assumed.
          [(3) Maximum duration.--A memorandum of understanding 
        with a State under this section shall be established 
        for an initial period of no more than 3 years and may 
        be renewed by mutual agreement on a periodic basis for 
        periods of not more than 3 years.
          [(4) Compliance.--
                  [(A) In general.--After entering into a 
                memorandum of understanding under paragraph 
                (1), the Secretary shall review and determine 
                compliance by the State with the memorandum of 
                understanding.
                  [(B) Renewals.--The Secretary shall take into 
                account the performance of a State under the 
                pilot program when considering renewal of a 
                memorandum of understanding with the State 
                under the program.
          [(5) Sole responsibility.--A State that assumes 
        responsibility under subsection (a)(2) with respect to 
        a Federal law shall be solely responsible and solely 
        liable for complying with and carrying out that law, 
        and the Secretary shall have no such responsibility or 
        liability.
          [(6) Acceptance of jurisdiction.--In a memorandum of 
        understanding, the State shall consent to accept the 
        jurisdiction of the Federal courts for the compliance, 
        discharge, and enforcement of any responsibility of the 
        Secretary that the State assumes.
  [(c) Selection of States for Pilot Program.--
          [(1) Application.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that contains such information 
        as the Secretary may require. At a minimum, an 
        application shall include--
                  [(A) a description of the projects or classes 
                of projects for which the State seeks to assume 
                responsibilities under subsection (a)(2); and
                  [(B) a certification that the State has the 
                capability to assume such responsibilities.
          [(2) Public notice.--Before entering into a 
        memorandum of understanding allowing a State to 
        participate in the pilot program, the Secretary shall--
                  [(A) publish notice in the Federal Register 
                of the Secretary's intent to allow the State to 
                participate in the program, including a copy of 
                the State's application to the Secretary and 
                the terms of the proposed agreement with the 
                State; and
                  [(B) provide an opportunity for public 
                comment.
          [(3) Selection criteria.--The Secretary may approve 
        the application of a State to assume responsibilities 
        under the program only if--
                  [(A) the requirements under paragraph (2) 
                have been met; and
                  [(B) the Secretary determines that the State 
                has the capability to assume the 
                responsibilities.
          [(4) Other federal agency views.--Before assigning to 
        a State a responsibility of the Secretary that requires 
        the Secretary to consult with another Federal agency, 
        the Secretary shall solicit the views of the Federal 
        agency.
  [(d) State Defined.--With respect to the recreational trails 
program, the term ``State'' means the State agency designated 
by the Governor of the State in accordance with section 
206(c)(1).
  [(e) Preservation of Public Interest Consideration.--Nothing 
in this section shall be construed to limit the requirements 
under any applicable law providing for the consideration and 
preservation of the public interest, including public 
participation and community values in transportation 
decisionmaking.]

Sec. 326. State assumption of responsibility for categorical exclusions

  (a) Categorical Exclusion Determinations.--
          (1) In general.--The Secretary may assign, and a 
        State may assume, responsibility for determining 
        whether certain designated activities are included 
        within classes of action identified in regulation by 
        the Secretary that are categorically excluded from 
        requirements for environmental assessments or 
        environmental impact statements pursuant to regulations 
        promulgated by the Council on Environmental Quality 
        under part 1500 of title 40, Code of Federal 
        Regulations (as in effect on October 1, 2003).
          (2) Scope of authority.--A determination described in 
        paragraph (1) shall be made by a State in accordance 
        with criteria established by the Secretary and only for 
        types of activities specifically designated by the 
        Secretary.
          (3) Criteria.--The criteria under paragraph (2) shall 
        include provisions for public availability of 
        information consistent with section 552 of title 5 and 
        the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
          (4) Preservation of flexibility.--The Secretary shall 
        not require a State, as a condition of assuming 
        responsibility under this section, to forego project 
        delivery methods that are otherwise permissible for 
        highway projects.
  (b) Other Applicable Federal Laws.--
          (1) In general.--If a State assumes responsibility 
        under subsection (a), the Secretary may also assign and 
        the State may assume all or part of the 
        responsibilities of the Secretary for environmental 
        review, consultation, or other related actions required 
        under any Federal law applicable to activities that are 
        classified by the Secretary as categorical exclusions, 
        with the exception of government-to-government 
        consultation with Indian tribes, subject to the same 
        procedural and substantive requirements as would be 
        required if that responsibility were carried out by the 
        Secretary.
          (2) Sole responsibility.--A State that assumes 
        responsibility under paragraph (1) with respect to a 
        Federal law shall be solely responsible and solely 
        liable for complying with and carrying out that law, 
        and the Secretary shall have no such responsibility or 
        liability.
  (c) Memoranda of Understanding.--
          (1) In general.--The Secretary and the State, after 
        providing public notice and opportunity for comment, 
        shall enter into a memorandum of understanding setting 
        forth the responsibilities to be assigned under this 
        section and the terms and conditions under which the 
        assignments are made, including establishment of the 
        circumstances under which the Secretary would reassume 
        responsibility for categorical exclusion 
        determinations.
          (2) Assistance to states.--On request of a Governor 
        of a State, the Secretary shall provide to the State 
        technical assistance, training, or other support 
        relating to--
                  (A) assuming responsibility under subsection 
                (a);
                  (B) developing a memorandum of understanding 
                under this subsection; or
                  (C) addressing a responsibility in need of 
                corrective action under subsection (d)(1)(B).
          (3) Term.--A memorandum of understanding--
                  [(A) shall have a term of not more than 3 
                years; and]
                  (A) except as provided under subparagraph 
                (C), have a term of not more than 3 years;
                  (B) shall be renewable[.]; and
                  (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.
          (4) Acceptance of jurisdiction.--In a memorandum of 
        understanding, the State shall consent to accept the 
        jurisdiction of the Federal courts for the compliance, 
        discharge, and enforcement of any responsibility of the 
        Secretary that the State assumes.
          (5) Monitoring.--The Secretary shall--
                  (A) monitor compliance by the State with the 
                memorandum of understanding and the provision 
                by the State of financial resources to carry 
                out the memorandum of understanding; and
                  (B) take into account the performance by the 
                State when considering renewal of the 
                memorandum of understanding.
  (d) Termination.--
          (1) Termination by secretary.--The Secretary may 
        terminate the participation of any State in the program 
        if--
                  (A) the Secretary determines that the State 
                is not adequately carrying out the 
                responsibilities assigned to the State;
                  (B) the Secretary provides to the State--
                          (i) a notification of the 
                        determination of noncompliance;
                          (ii) a period of not less than 120 
                        days to take such corrective action as 
                        the Secretary determines to be 
                        necessary to comply with the applicable 
                        agreement; and
                          (iii) on request of the Governor of 
                        the State, a detailed description of 
                        each responsibility in need of 
                        corrective action regarding an 
                        inadequacy identified under 
                        subparagraph (A); and
                  (C) the State, after the notification and 
                period described in clauses (i) and (ii) of 
                subparagraph (B), fails to take satisfactory 
                corrective action, as determined by the 
                Secretary.
          (2) Termination by the state.--The State may 
        terminate the participation of the State in the program 
        at any time by providing to the Secretary a notice not 
        later than the date that is 90 days before the date of 
        termination, and subject to such terms and conditions 
        as the Secretary may provide.
  (e) State Agency Deemed to Be Federal Agency.--A State agency 
that is assigned a responsibility under a memorandum of 
understanding shall be deemed to be a Federal agency for the 
purposes of the Federal law under which the responsibility is 
exercised.
  (f) Legal Fees.--A State assuming the responsibilities of the 
Secretary under this section for a specific project may use 
funds apportioned to the State under section 104(b)(2) for 
attorney's fees directly attributable to eligible activities 
associated with the project.

Sec. 327. Surface transportation project delivery program

  (a) Establishment.--
          (1) In general.--The Secretary shall carry out a 
        surface transportation project delivery program 
        (referred to in this section as the ``program'').
          (2) Assumption of responsibility.--
                  (A) In general.--Subject to the other 
                provisions of this section, with the written 
                agreement of the Secretary and a State, which 
                may be in the form of a memorandum of 
                understanding, the Secretary may assign, and 
                the State may assume, the responsibilities of 
                the Secretary with respect to one or more 
                highway projects within the State under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                  (B) Additional responsibility.--If a State 
                assumes responsibility under subparagraph (A)--
                          (i) the Secretary may assign to the 
                        State, and the State may assume, all or 
                        part of the responsibilities of the 
                        Secretary for environmental review, 
                        consultation, or other action required 
                        under any Federal environmental law 
                        pertaining to the review or approval of 
                        a specific project;
                          (ii) at the request of the State, the 
                        Secretary may also assign to the State, 
                        and the State may assume, the 
                        responsibilities of the Secretary with 
                        respect to 1 or more railroad, public 
                        transportation, or multimodal projects 
                        within the State under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.);
                          (iii) in a State that has assumed the 
                        responsibilities of the Secretary under 
                        clause (ii), a recipient of assistance 
                        under chapter 53 of title 49 may 
                        request that the Secretary maintain the 
                        responsibilities of the Secretary with 
                        respect to 1 or more public 
                        transportation projects within the 
                        State under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et 
                        seq.); but
                          (iv) the Secretary may not assign--
                                  (I) any responsibility 
                                imposed on the Secretary by 
                                section 134 or 135 or section 
                                5303 or 5304 of title 49; or
                                  (II) responsibility for any 
                                conformity determination 
                                required under section 176 of 
                                the Clean Air Act (42 U.S.C. 
                                7506).
                  (C) Procedural and substantive 
                requirements.--A State shall assume 
                responsibility under this section subject to 
                the same procedural and substantive 
                requirements as would apply if that 
                responsibility were carried out by the 
                Secretary.
                  (D) Federal responsibility.--Any 
                responsibility of the Secretary not explicitly 
                assumed by the State by written agreement under 
                this section shall remain the responsibility of 
                the Secretary.
                  (E) No effect on authority.--Nothing in this 
                section preempts or interferes with any power, 
                jurisdiction, responsibility, or authority of 
                an agency, other than the Department of 
                Transportation, under applicable law (including 
                regulations) with respect to a project.
                  (F) Preservation of flexibility.--The 
                Secretary may not require a State, as a 
                condition of participation in the program, to 
                forego project delivery methods that are 
                otherwise permissible for projects.
                  (G) Legal fees.--A State assuming the 
                responsibilities of the Secretary under this 
                section for a specific project may use funds 
                apportioned to the State under section 
                104(b)(2) for attorneys' fees directly 
                attributable to eligible activities associated 
                with the project, including the payment of fees 
                awarded under section 2412 of title 28.
  (b) State Participation.--
          (1) Participating states.--All States are eligible to 
        participate in the program.
          (2) Application.--Not later than 270 days after the 
        date on which amendments to this section by the MAP-21 
        take effect, the Secretary shall amend, as appropriate, 
        regulations that establish requirements relating to 
        information required to be contained in any application 
        of a State to participate in the program, including, at 
        a minimum--
                  (A) the projects or classes of projects for 
                which the State anticipates exercising the 
                authority that may be granted under the 
                program;
                  (B) verification of the financial resources 
                necessary to carry out the authority that may 
                be granted under the program; and
                  (C) evidence of the notice and solicitation 
                of public comment by the State relating to 
                participation of the State in the program, 
                including copies of comments received from that 
                solicitation.
          (3) Public notice.--
                  (A) In general.--Each State that submits an 
                application under this subsection shall give 
                notice of the intent of the State to 
                participate in the program not later than 30 
                days before the date of submission of the 
                application.
                  (B) Method of notice and solicitation.--The 
                State shall provide notice and solicit public 
                comment under this paragraph by publishing the 
                complete application of the State in accordance 
                with the appropriate public notice law of the 
                State.
          (4) Selection criteria.--The Secretary may approve 
        the application of a State under this section only if--
                  (A) the regulatory requirements under 
                paragraph (2) have been met;
                  (B) the Secretary determines that the State 
                has the capability, including financial and 
                personnel, to assume the responsibility; and
                  (C) the head of the State agency having 
                primary jurisdiction over highway matters 
                enters into a written agreement with the 
                Secretary described in subsection (c).
          (5) Other federal agency views.--If a State applies 
        to assume a responsibility of the Secretary that would 
        have required the Secretary to consult with another 
        Federal agency, the Secretary shall solicit the views 
        of the Federal agency before approving the application.
  (c) Written Agreement.--A written agreement under this 
section shall--
          (1) be executed by the Governor or the top-ranking 
        transportation official in the State who is charged 
        with responsibility for highway construction;
          (2) be in such form as the Secretary may prescribe;
          (3) provide that the State--
                  (A) agrees to assume all or part of the 
                responsibilities of the Secretary described in 
                subsection (a);
                  (B) expressly consents, on behalf of the 
                State, to accept the jurisdiction of the 
                Federal courts for the compliance, discharge, 
                and enforcement of any responsibility of the 
                Secretary assumed by the State;
                  (C) certifies that State laws (including 
                regulations) are in effect that--
                          (i) authorize the State to take the 
                        actions necessary to carry out the 
                        responsibilities being assumed; and
                          (ii) are comparable to section 552 of 
                        title 5, including providing that any 
                        decision regarding the public 
                        availability of a document under those 
                        State laws is reviewable by a court of 
                        competent jurisdiction; and
                  (D) agrees to maintain the financial 
                resources necessary to carry out the 
                responsibilities being assumed;
          (4) require the State to provide to the Secretary any 
        information the Secretary reasonably considers 
        necessary to ensure that the State is adequately 
        carrying out the responsibilities assigned to the 
        State;
          [(5) have a term of not more than 5 years; and]
          (5) except as provided under paragraph (7), have a 
        term of not more than 5 years;
          (6) be renewable[.]; and
          (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.
  (d) Jurisdiction.--
          (1) In general.--The United States district courts 
        shall have exclusive jurisdiction over any civil action 
        against a State for failure to carry out any 
        responsibility of the State under this section.
          (2) Legal standards and requirements.--A civil action 
        under paragraph (1) shall be governed by the legal 
        standards and requirements that would apply in such a 
        civil action against the Secretary had the Secretary 
        taken the actions in question.
          (3) Intervention.--The Secretary shall have the right 
        to intervene in any action described in paragraph (1).
  (e) Effect of Assumption of Responsibility.--A State that 
assumes responsibility under subsection (a)(2) shall be solely 
responsible and solely liable for carrying out, in lieu of and 
without further approval of the Secretary, the responsibilities 
assumed under subsection (a)(2), until the program is 
terminated as provided in subsection (j).
  (f) Limitations on Agreements.--Nothing in this section 
permits a State to assume any rulemaking authority of the 
Secretary under any Federal law.
  (g) Audits.--
          (1) In general.--To ensure compliance by a State with 
        any agreement of the State under subsection (c) 
        (including compliance by the State with all Federal 
        laws for which responsibility is assumed under 
        subsection (a)(2)), for each State participating in the 
        program under this section, the Secretary shall--
                  (A) not later than 180 days after the date of 
                execution of the agreement, meet with the State 
                to review implementation of the agreement and 
                discuss plans for the first annual audit;
                  (B) conduct annual audits during each of the 
                first 4 years of State participation; [and]
                  (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
                  [(C)] (D) ensure that the time period for 
                completing an [annual] audit, from initiation 
                to completion (including public comment and 
                responses to those comments), does not exceed 
                180 days.
          (2) Public availability and comment.--
                  (A) In general.--An audit conducted under 
                paragraph (1) shall be provided to the public 
                for comment.
                  (B) Response.--Not later than 60 days after 
                the date on which the period for public comment 
                ends, the Secretary shall respond to public 
                comments received under subparagraph (A).
          (3) Audit team.--
                  (A) In general.--An audit conducted under 
                paragraph (1) shall be carried out by an audit 
                team determined by the Secretary, in 
                consultation with the State, in accordance with 
                subparagraph (B).
                  (B) Consultation.--Consultation with the 
                State under subparagraph (A) shall include a 
                reasonable opportunity for the State to review 
                and provide comments on the proposed members of 
                the audit team.
  (h) Monitoring.--After the fourth year of the participation 
of a State in the program, the Secretary shall monitor 
compliance by the State with the written agreement, including 
the provision by the State of financial resources to carry out 
the written agreement.
  (i) Report to Congress.--The Secretary shall submit to 
Congress an annual report that describes the administration of 
the program.
  (j) Termination.--
          (1) Termination by secretary.--The Secretary may 
        terminate the participation of any State in the program 
        if--
                  (A) the Secretary determines that the State 
                is not adequately carrying out the 
                responsibilities assigned to the State;
                  (B) the Secretary provides to the State--
                          (i) a notification of the 
                        determination of noncompliance;
                          (ii) a period of not less than 120 
                        days to take such corrective action as 
                        the Secretary determines to be 
                        necessary to comply with the applicable 
                        agreement; and
                          (iii) on request of the Governor of 
                        the State, a detailed description of 
                        each responsibility in need of 
                        corrective action regarding an 
                        inadequacy identified under 
                        subparagraph (A); and
                  (C) the State, after the notification and 
                period provided under subparagraph (B), fails 
                to take satisfactory corrective action, as 
                determined by the Secretary.
          (2) Termination by the state.--The State may 
        terminate the participation of the State in the program 
        at any time by providing to the Secretary a notice by 
        not later than the date that is 90 days before the date 
        of termination, and subject to such terms and 
        conditions as the Secretary may provide.
  (k) Capacity Building.--The Secretary, in cooperation with 
representatives of State officials, may carry out education, 
training, peer-exchange, and other initiatives as appropriate--
          (1) to assist States in developing the capacity to 
        participate in the assignment program under this 
        section; and
          (2) to promote information sharing and collaboration 
        among States that are participating in the assignment 
        program under this section.
  (l) Relationship to Locally Administered Projects.--A State 
granted authority under this section may, as appropriate and at 
the request of a local government--
          (1) exercise such authority on behalf of the local 
        government for a locally administered project; or
          (2) provide guidance and training on consolidating 
        and minimizing the documentation and environmental 
        analyses necessary for sponsors of a locally 
        administered project to comply with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) and any comparable requirements under State law.
  (m) Agency Deemed to Be Federal Agency.--A State agency that 
is assigned a responsibility under an agreement under this 
section shall be deemed to be an agency of the United States 
for the purposes of section 2412 of title 28.

           *       *       *       *       *       *       *


                       CHAPTER 4--HIGHWAY SAFETY

Sec.
401. Authority of the Secretary.
     * * * * * * *
[404. High-visibility enforcement program.]
404. National safety campaigns.

           *       *       *       *       *       *       *


Sec. 402. Highway safety programs

  (a) Program Required.--
          (1) In general.--Each State shall have a highway 
        safety program, approved by the Secretary, that is 
        designed to reduce traffic [accidents] crashes and the 
        resulting deaths, injuries, and property damage.
          (2) Uniform guidelines.--Programs required under 
        paragraph (1) shall comply with uniform guidelines, 
        promulgated by the Secretary and expressed in terms of 
        performance criteria, that--
                  (A) include programs--
                          (i) to reduce injuries and deaths 
                        resulting from motor vehicles being 
                        driven in excess of posted speed 
                        limits;
                          (ii) to encourage the proper use of 
                        occupant protection devices (including 
                        the use of safety belts and child 
                        restraint systems) by occupants of 
                        motor vehicles;
                          (iii) to reduce injuries and deaths 
                        resulting from persons driving motor 
                        vehicles while impaired by alcohol or a 
                        controlled substance;
                          (iv) to prevent [accidents] crashes 
                        and reduce injuries and deaths 
                        resulting from [accidents] crashes 
                        involving motor vehicles and 
                        motorcycles;
                          (v) to reduce injuries and deaths 
                        resulting from [accidents] crashes 
                        involving school buses;
                          (vi) to reduce [accidents] crashes 
                        resulting from unsafe driving behavior 
                        (including aggressive or fatigued 
                        driving and distracted driving arising 
                        from the use of electronic devices in 
                        vehicles);
                          (vii) to improve law enforcement 
                        services in motor vehicle [accident] 
                        crash prevention, traffic supervision, 
                        and post-[accident] crash procedures; 
                        and
                          (viii) to increase driver awareness 
                        of commercial motor vehicles to prevent 
                        crashes and reduce injuries and 
                        fatalities;
                  (B) improve driver performance, including--
                          (i) driver education;
                          (ii) driver testing to determine 
                        proficiency to operate motor vehicles; 
                        and
                          (iii) driver examinations (physical, 
                        mental, and driver licensing);
                  (C) improve pedestrian performance and 
                bicycle safety;
                  (D) include provisions for--
                          (i) an effective record system of 
                        [accidents] crashes (including 
                        resulting injuries and deaths);
                          (ii) [accident] crash investigations 
                        to determine the probable causes of 
                        [accidents] crashes, injuries, and 
                        deaths;
                          (iii) vehicle registration, 
                        operation, and inspection; and
                          (iv) emergency services; and
                  (E) to the extent determined appropriate by 
                the Secretary, are applicable to federally 
                administered areas where a Federal department 
                or agency controls the highways or supervises 
                traffic operations.
          (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.
  (b) Administration of State Programs.--
          (1) Administrative requirements.--The Secretary may 
        not approve a State highway safety program under this 
        section which does not--
                  (A) provide that the Governor of the State 
                shall be responsible for the administration of 
                the program through a State highway safety 
                agency which shall have adequate powers and be 
                suitably equipped and organized to carry out, 
                to the satisfaction of the Secretary, such 
                program;
                  (B) authorize political subdivisions of the 
                State to carry out local highway safety 
                programs within their jurisdictions as a part 
                of the State highway safety program if such 
                local highway safety programs are approved by 
                the Governor and are in accordance with the 
                minimum standards established by the Secretary 
                under this section;
                  (C) except as provided in paragraph (2), 
                provide that at least 40 percent of all Federal 
                funds apportioned under this section to the 
                State for any fiscal year will be expended by 
                the political subdivisions of the State, 
                including Indian tribal governments, in 
                carrying out local highway safety programs 
                authorized in accordance with subparagraph (B);
                  (D) provide adequate and reasonable access 
                for the safe and convenient movement of 
                individuals with disabilities, including those 
                in wheelchairs, across curbs constructed or 
                replaced on or after July 1, 1976, at all 
                pedestrian crosswalks throughout the State;
                  (E) beginning on the first day of the first 
                fiscal year after the date of enactment of the 
                Motor Vehicle and Highway Safety Improvement 
                Act of 2012 for which a State submits its 
                highway safety plan under subsection (k), 
                provide for a data-driven traffic safety 
                enforcement program to prevent traffic 
                violations, crashes, and crash fatalities and 
                injuries in areas most at risk for such 
                incidents, to the satisfaction of the 
                Secretary[;]; and
                  (F) provide satisfactory assurances that the 
                State will implement activities in support of 
                national highway safety goals to reduce motor 
                vehicle related fatalities that also reflect 
                the primary data-related crash factors within a 
                State as identified by the State highway safety 
                planning process, including--
                          (i) national law enforcement 
                        mobilizations and high-visibility law 
                        enforcement mobilizations coordinated 
                        by the Secretary;
                          (ii) sustained enforcement of 
                        statutes addressing impaired driving, 
                        occupant protection, and driving in 
                        excess of posted speed limits;
                          (iii) an annual statewide safety belt 
                        use survey in accordance with criteria 
                        established by the Secretary for the 
                        measurement of State safety belt use 
                        rates to ensure that the measurements 
                        are accurate and representative;
                          (iv) development of statewide data 
                        systems to provide timely and effective 
                        data analysis to support allocation of 
                        highway safety resources; and
                          (v) ensuring that the State will 
                        coordinate its highway safety plan, 
                        data collection, and information 
                        systems with the State strategic 
                        highway safety plan (as defined in 
                        section 148(a)).
          (2) Waiver.--The Secretary may waive the requirement 
        of paragraph (1)(C), in whole or in part, for a fiscal 
        year for any State whenever the Secretary determines 
        that there is an insufficient number of local highway 
        safety programs to justify the expenditure in the State 
        of such percentage of Federal funds during the fiscal 
        year.
  (c) Use of Funds.--
          (1) In general.--Funds authorized to be appropriated 
        to carry out this section shall be used to aid the 
        States to conduct the highway safety programs approved 
        in accordance with subsection (a), including 
        development and implementation of manpower training 
        programs, and of demonstration programs that the 
        Secretary determines will contribute directly to the 
        reduction of [accidents] crashes, and deaths and 
        injuries resulting therefrom.
          (2) Additional uses.--In addition to uses authorized 
        under paragraph (1) and as approved by the Secretary, 
        States may use funds under this section to--
                  (A) educate the public on the dangers of 
                pediatric vehicular hyperthermia;
                  (B) purchase and distribute child restraints 
                to low-income families; and
                  (C) reduce injuries and deaths resulting from 
                drivers of motor vehicles not moving to another 
                traffic lane or reducing the speed of such 
                driver's vehicle when passing an emergency, law 
                enforcement, or other vehicle stopped or parked 
                on or near the roadway.
          [(2)] (3) Apportionment.--Except for amounts 
        identified in section 403(f), funds described in 
        paragraph (1) shall be apportioned 75 per centum in the 
        ratio which the population of each State bears to the 
        total population of all the States, as shown by the 
        latest available Federal census, and 25 per centum in 
        the ratio which the public road mileage in each State 
        bears to the total public road mileage in all States. 
        For the purposes of this subsection, a ``public road'' 
        means any road under the jurisdiction of and maintained 
        by a public authority and open to public travel. Public 
        road mileage as used in this subsection shall be 
        determined as of the end of the calendar year preceding 
        the year in which the funds are apportioned and shall 
        be certified to by the Governor of the State and 
        subject to approval by the Secretary. The annual 
        apportionment to each State shall not be less than 
        three-quarters of 1 percent of the total apportionment, 
        except that the apportionment to the Secretary of the 
        Interior shall not be less than 2 percent of the total 
        apportionment and the apportionments to the Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands shall not be less than 
        one-quarter of 1 per centum of the total apportionment. 
        A highway safety program approved by the Secretary 
        shall not include any requirement that a State 
        implement such a program by adopting or enforcing any 
        law, rule, or regulation based on a guideline 
        promulgated by the Secretary under this section 
        requiring any motorcycle operator eighteen years of age 
        or older or passenger eighteen years of age or older to 
        wear a safety helmet when operating or riding a 
        motorcycle on the streets and highways of that State. 
        Implementation of a highway safety program under this 
        section shall not be construed to require the Secretary 
        to require compliance with every uniform guideline, or 
        with every element of every uniform guideline, in every 
        State. A State may use the funds apportioned under this 
        section, in cooperation with neighboring States, for 
        highway safety programs or related projects that may 
        confer benefits on such neighboring States. Funds 
        apportioned under this section to any State, that does 
        not have a highway safety program approved by the 
        Secretary or that is not implementing an approved 
        program, shall be reduced by amounts equal to not less 
        than 20 percent of the amounts that would otherwise be 
        apportioned to the State under this section, until such 
        time as the Secretary approves such program or 
        determines that the State is implementing an approved 
        program, as appropriate. The Secretary shall consider 
        the gravity of the State's failure to have or implement 
        an approved program in determining the amount of the 
        reduction.
          [(3)] (4) Reapportionment.--The Secretary shall 
        promptly apportion the funds withheld from a State's 
        apportionment to the State if the Secretary approves 
        the State's highway safety program or determines that 
        the State has begun implementing an approved program, 
        as appropriate, not later than July 31st of the fiscal 
        year for which the funds were withheld. If the 
        Secretary determines that the State did not correct its 
        failure within such period, the Secretary shall 
        reapportion the withheld funds to the other States in 
        accordance with the formula specified in paragraph (2) 
        not later than the last day of the fiscal year.
          [(4)] (5) Automated traffic enforcement systems.--
                  (A) Prohibition.--A State may not expend 
                funds apportioned to that State under this 
                section to carry out a program to purchase, 
                operate, or maintain an automated traffic 
                enforcement system.
                  (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.
                  [(B)] (D) Automated traffic enforcement 
                system defined.--In this paragraph, the term 
                ``automated traffic enforcement system'' means 
                any camera which captures an image of a vehicle 
                for the purposes only of red light and speed 
                enforcement, and does not include hand held 
                radar and other devices operated by law 
                enforcement officers to make an on-the-scene 
                traffic stop, issue a traffic citation, or 
                other enforcement action at the time of the 
                violation.
                  [(C) Survey.--A State in which an automated 
                traffic enforcement system is installed shall 
                expend funds apportioned to that State under 
                this section to conduct a biennial survey that 
                the Secretary shall make publicly available 
                through the Internet Web site of the Department 
                of Transportation that includes--
                          [(i) a list of automated traffic 
                        enforcement systems in the State;
                          [(ii) adequate data to measure the 
                        transparency, accountability, and 
                        safety attributes of each automated 
                        traffic enforcement system; and
                          [(iii) a comparison of each automated 
                        traffic enforcement system with--
                                  [(I) Speed Enforcement Camera 
                                Systems Operational Guidelines 
                                (DOT HS 810 916, March 2008); 
                                and
                                  [(II) Red Light Camera 
                                Systems Operational Guidelines 
                                (FHWA-SA-05-002, January 
                                2005).]
  (d) All provisions of chapter 1 of this title that are 
applicable to National Highway System highway funds other than 
provisions relating to the apportionment formula and provisions 
limiting the expenditure of such funds to the Federal-aid 
systems, shall apply to the highway safety funds authorized to 
be appropriated to carry out this section, except as determined 
by the Secretary to be inconsistent with this section, and 
except that the aggregate of all expenditures made during any 
fiscal year by a State and its political subdivisions 
(exclusive of Federal funds) for carrying out the State highway 
safety program (other than planning and administration) shall 
be available for the purpose of crediting such State during 
such fiscal year for the non-Federal share of the cost of any 
project under this section (other than one for planning or 
administration) without regard to whether such expenditures 
were actually made in connection with such project and except 
that, in the case of a local highway safety program carried out 
by an Indian tribe, if the Secretary is satisfied that an 
Indian tribe does not have sufficient funds available to meet 
the non-Federal share of the cost of such program, he may 
increase the Federal share of the cost thereof payable under 
this Act to the extent necessary. In applying such provisions 
of chapter 1 in carrying out this section the term ``State 
transportation department'' as used in such provisions shall 
mean the Governor of a State for the purposes of this section.
  (e) Uniform guidelines promulgated by the Secretary to carry 
out this section shall be developed in cooperation with the 
States, their political subdivisions, appropriate Federal 
departments and agencies, and such other public and private 
organizations as the Secretary deems appropriate.
  (f) The Secretary may make arrangements with other Federal 
departments and agencies for assistance in the preparation of 
uniform guidelines for the highway safety programs contemplated 
by subsection (a) and in the administration of such programs. 
Such departments and agencies are directed to cooperate in such 
preparation and administration, on a reimbursable basis.
  (g) Restriction.--Nothing in this section may be construed to 
authorize the appropriation or expenditure of funds for highway 
construction, maintenance, or design (other than design of 
safety features of highways to be incorporated into 
guidelines).
  (h) Application in Indian Country.--
          (1) Use of terms.--For the purpose of application of 
        this section in Indian country, the terms ``State'' and 
        ``Governor of a State'' include the Secretary of the 
        Interior and the term ``political subdivision of a 
        State'' includes an Indian tribe.
          (2) Expenditures for local highway programs.--
        Notwithstanding subsection (b)(1)(C), 95 percent of the 
        funds apportioned to the Secretary of the Interior 
        under this section shall be expended by Indian tribes 
        to carry out highway safety programs within their 
        jurisdictions.
          (3) Access for individuals with disabilities.--The 
        requirements of subsection (b)(1)(D) shall be 
        applicable to Indian tribes, except to those tribes 
        with respect to which the Secretary determines that 
        application of such provisions would not be 
        practicable.
          (4) Indian country defined.--In this subsection, the 
        term ``Indian country'' means--
                  (A) all land within the limits of any Indian 
                reservation under the jurisdiction of the 
                United States, notwithstanding the issuance of 
                any patent and including rights-of-way running 
                through the reservation;
                  (B) all dependent Indian communities within 
                the borders of the United States, whether 
                within the original or subsequently acquired 
                territory thereof and whether within or without 
                the limits of a State; and
                  (C) all Indian allotments, the Indian titles 
                to which have not been extinguished, including 
                rights-of-way running through such allotments.
  (i) Rulemaking Proceeding.--The Secretary may periodically 
conduct a rulemaking process to identify highway safety 
programs that are highly effective in reducing motor vehicle 
crashes, injuries, and deaths. Any such rulemaking shall take 
into account the major role of the States in implementing such 
programs. When a rule promulgated in accordance with this 
section takes effect, States shall consider these highly 
effective programs when developing their highway safety 
programs.
  (j) Law Enforcement Vehicular Pursuit Training.--A State 
shall actively encourage all relevant law enforcement agencies 
in such State to follow the guidelines established for 
vehicular pursuits issued by the International Association of 
Chiefs of Police that are in effect on the date of enactment of 
this subsection or as revised and in effect after such date as 
determined by the Secretary.
  (k) Highway Safety Plan and Reporting Requirements.--
          (1) In general.--With respect to fiscal year 2014, 
        and each fiscal year thereafter, the Secretary shall 
        require each State, as a condition of the approval of 
        the State's highway safety program for that fiscal 
        year, to develop and submit to the Secretary for 
        approval a highway safety plan that complies with the 
        requirements under this subsection.
          (2) Timing.--Each State shall submit to the Secretary 
        the highway safety plan not later than July 1st of the 
        fiscal year preceding the fiscal year to which the plan 
        applies.
          (3) Electronic submission.--The Secretary, in 
        coordination with the Governors Highway Safety 
        Association, shall develop procedures to allow States 
        to submit highway safety plans under this subsection, 
        including any attachments to the plans, in electronic 
        form.
          (4) Contents.--State highway safety plans submitted 
        under paragraph (1) shall include--
                  (A) performance measures required by the 
                Secretary or otherwise necessary to support 
                additional State safety goals, including--
                          (i) documentation of current safety 
                        levels for each performance measure;
                          (ii) quantifiable annual performance 
                        targets for each performance measure; 
                        and
                          (iii) a justification for each 
                        performance target, that explains why 
                        each target is appropriate and 
                        evidence-based;
                  (B) a strategy for programming funds 
                apportioned to the State under this section on 
                projects and activities that will allow the 
                State to meet the performance targets described 
                in subparagraph (A);
                  (C) data and data analysis supporting the 
                effectiveness of proposed countermeasures;
                  (D) a description of any Federal, State, 
                local, or private funds that the State plans to 
                use, in addition to funds apportioned to the 
                State under this section, to carry out the 
                strategy described in subparagraph (B);
                  (E) for the fiscal year preceding the fiscal 
                year to which the plan applies, a report on the 
                State's success in meeting State safety goals 
                and performance targets set forth in the 
                previous year's highway safety plan; and
                  (F) an application for any additional grants 
                available to the State under this chapter.
          (5) Performance measures.--For the first highway 
        safety plan submitted under this subsection, the 
        performance measures required by the Secretary under 
        paragraph (3)(A) shall be limited to those developed by 
        the National Highway Traffic Safety Administration and 
        the Governor's Highway Safety Association and described 
        in the report, ``Traffic Safety Performance Measures 
        for States and Federal Agencies'' (DOT HS 811 025). For 
        subsequent highway safety plans, the Secretary shall 
        coordinate with the Governor's Highway Safety 
        Association in making revisions to the set of required 
        performance measures.
          (6) Review of highway safety plans.--
                  (A) In general.--Not later than 45 days after 
                the date on which a State's highway safety plan 
                is received by the Secretary, the Secretary 
                shall review and approve or disapprove the 
                plan.
                  (B) Approvals and disapprovals.--
                          (i) Approvals.--The Secretary shall 
                        approve a State's highway safety plan 
                        if the Secretary determines that--
                                  (I) the plan and the 
                                performance targets contained 
                                in the plan are evidence-based 
                                and supported by data; and
                                  (II) the plan, once 
                                implemented, will allow the 
                                State to meet the State's 
                                performance targets.
                          (ii) Disapprovals.--The Secretary 
                        shall disapprove a State's highway 
                        safety plan if the Secretary determines 
                        that--
                                  (I) the plan and the 
                                performance targets contained 
                                in the plan are not evidence-
                                based or supported by data; or
                                  (II) the plan does not 
                                provide for programming of 
                                funding in a manner sufficient 
                                to allow the State to meet the 
                                State's performance targets.
                  (C) Actions upon disapproval.--If the 
                Secretary disapproves a State's highway safety 
                plan, the Secretary shall--
                          (i) inform the State of the reasons 
                        for such disapproval; and
                          (ii) require the State to resubmit 
                        the plan with any modifications that 
                        the Secretary determines to be 
                        necessary.
                  (D) Review of resubmitted plans.--If the 
                Secretary requires a State to resubmit a 
                highway safety plan, with modifications, the 
                Secretary shall review and approve or 
                disapprove the modified plan not later than 30 
                days after the date on which the Secretary 
                receives such plan.
                  (E) Public notice.--A State shall make the 
                State's highway safety plan, and decisions of 
                the Secretary concerning approval or 
                disapproval of a revised plan, available to the 
                public.
  (m) Teen Traffic Safety.--
          (1) In general.--Subject to the requirements of a 
        State's highway safety plan, as approved by the 
        Secretary under subsection (k), a State may use a 
        portion of the amounts received under this section to 
        implement statewide efforts to improve traffic safety 
        for teen drivers.
          (2) Use of funds.--Statewide efforts under paragraph 
        (1)--
                  (A) shall include peer-to-peer education and 
                prevention strategies in schools and 
                communities designed to--
                          (i) increase safety belt use;
                          (ii) reduce speeding;
                          (iii) reduce impaired and distracted 
                        driving;
                          (iv) reduce underage drinking; and
                          (v) reduce other behaviors by teen 
                        drivers that lead to injuries and 
                        fatalities; and
                  (B) may include--
                          (i) working with student-led groups 
                        and school advisors to plan and 
                        implement teen traffic safety programs;
                          (ii) providing subgrants to schools 
                        throughout the State to support the 
                        establishment and expansion of student 
                        groups focused on teen traffic safety;
                          (iii) providing support, training, 
                        and technical assistance to establish 
                        and expand school and community safety 
                        programs for teen drivers;
                          (iv) creating statewide or regional 
                        websites to publicize and circulate 
                        information on teen safety programs;
                          (v) conducting outreach and providing 
                        educational resources for parents;
                          (vi) establishing State or regional 
                        advisory councils comprised of teen 
                        drivers to provide input and 
                        recommendations to the governor and the 
                        governor's safety representative on 
                        issues related to the safety of teen 
                        drivers;
                          (vii) collaborating with law 
                        enforcement;
                          (viii) establishing partnerships and 
                        promoting coordination among community 
                        stakeholders, including public, not-
                        for-profit, and for profit entities;
                          (ix) increase driver awareness of 
                        commercial motor vehicles to prevent 
                        crashes and reduce injuries and 
                        fatalities; and
                          (x) support for school-based driver's 
                        education classes to improve teen 
                        knowledge about--
                                  (I) safe driving practices; 
                                and
                                  (II) State graduated driving 
                                license requirements, including 
                                behind-the-wheel training 
                                required to meet those 
                                requirements.
  (n)  [Public Transparency.--]  [The Secretary] Public 
Transparency._
          (1) In general._The Secretary  shall publicly release 
        on its website information that contains each State's 
        performance with respect to the State's highway safety 
        plan under subsection (k) and performance targets set 
        by the States in such plans. Such information shall be 
        posted on the website within 45 calendar days of 
        approval of a State's highway safety plan.
          (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. 403. Highway safety research and development

  (a) Defined Term.--In this section, the term ``Federal 
laboratory'' includes--
          (1) a government-owned, government-operated 
        laboratory; and
          (2) a government-owned, contractor-operated 
        laboratory.
  (b) General Authority.--
          (1) Research and development activities.--The 
        Secretary may conduct research and development 
        activities, including demonstration projects, training, 
        and the collection and analysis of highway and motor 
        vehicle safety data and related information needed to 
        carry out this section, with respect to--
                  (A) all aspects of highway and traffic safety 
                systems and conditions relating to--
                          (i) vehicle, highway, driver, 
                        passenger, motorcyclist, bicyclist, and 
                        pedestrian characteristics;
                          (ii) [accident] crash causation and 
                        investigations;
                          (iii) communications; and
                          (iv) emergency medical services, 
                        including the transportation of the 
                        injured;
                  (B) human behavioral factors and their effect 
                on highway and traffic safety, including--
                          (i) driver education;
                          (ii) impaired driving; and
                          (iii) distracted driving;
                  (C) an evaluation of the effectiveness of 
                countermeasures to increase highway and traffic 
                safety, including occupant protection and 
                alcohol- and drug-impaired driving technologies 
                and initiatives;
                  (D) the development of technologies to detect 
                drug impaired drivers;
                  (E) research on, evaluations of, and 
                identification of best practices related to 
                driver education programs (including driver 
                education curricula, instructor training and 
                certification, program administration, and 
                delivery mechanisms) and make recommendations 
                for harmonizing driver education and multistage 
                graduated licensing systems; and
                  (F) the effect of State laws on any aspects, 
                activities, or programs described in 
                subparagraphs (A) through (E).
          (2) Cooperation, grants, and contracts.--The 
        Secretary may carry out this section--
                  (A) independently;
                  (B) in cooperation with other Federal 
                departments, agencies, and instrumentalities 
                and Federal laboratories;
                  (C) by entering into contracts, cooperative 
                agreements, and other transactions with the 
                National Academy of Sciences, any Federal 
                laboratory, State or local agency, authority, 
                association, institution, foreign government 
                (in coordination with the Department of State) 
                or person (as defined in chapter 1 of title 1); 
                or
                  (D) by making grants to the National Academy 
                of Sciences, any Federal laboratory, State or 
                local agency, authority, association, 
                institution, or person (as defined in chapter 1 
                of title 1).
  (c) Collaborative Research and Development.--
          (1) In general.--To encourage innovative solutions to 
        highway safety problems, stimulate voluntary 
        improvements in highway safety, and stimulate the 
        marketing of new highway safety related technology by 
        private industry, the Secretary is authorized to carry 
        out, on a cost-shared basis, collaborative research and 
        development with--
                  (A) non-Federal entities, including State and 
                local governments, foreign governments, 
                colleges, universities, corporations, 
                partnerships, sole proprietorships, 
                organizations, and trade associations that are 
                incorporated or established under the laws of 
                any State or the United States; and
                  (B) Federal laboratories.
          (2) Agreements.--In carrying out this subsection, the 
        Secretary may enter into cooperative research and 
        development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3710a)) in which the Secretary provides not more 
        than 50 percent of the cost of any research or 
        development project under this subsection.
          (3) Use of technology.--The research, development, or 
        use of any technology pursuant to an agreement under 
        this subsection, including the terms under which 
        technology may be licensed and the resulting royalties 
        may be distributed, shall be subject to the provisions 
        of the Stevenson-Wydler Technology Innovation Act of 
        1980 (15 U.S.C. 3701 et seq.).
  (d) Title to Equipment.--In furtherance of the purposes set 
forth in section 402, the Secretary may vest title to equipment 
purchased for demonstration projects with funds authorized 
under this section to State or local agencies on such terms and 
conditions as the Secretary determines to be appropriate.
  (e) Prohibition on Certain Disclosures.--Any report of the 
National Highway Traffic Safety Administration, or of any 
officer, employee, or contractor of the National Highway 
Traffic Safety Administration, relating to any highway traffic 
[accident] crash or the investigation of such [accident] crash 
conducted pursuant to this chapter or chapter 301 of title 49 
may only be made available to the public in a manner that does 
not identify individuals.
  (f) Cooperative Research and Evaluation.--
          (1) Establishment and funding.--Notwithstanding the 
        apportionment formula set forth in section 402(c)(2), 
        [$2,500,000] $3,500,000 of the total amount available 
        for apportionment to the States for highway safety 
        programs under [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,] section 402(c)(2) in each fiscal 
        year 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.
          (2) Administration.--The program established under 
        paragraph (1)--
                  (A) shall be administered by the 
                Administrator of the National Highway Traffic 
                Safety Administration; and
                  (B) shall be jointly managed by the Governors 
                Highway Safety Association and the National 
                Highway Traffic Safety Administration.
  (g) International Cooperation.--The Administrator of the 
National Highway Traffic Safety Administration may participate 
and cooperate in international activities to enhance highway 
safety.
  [(h) In-vehicle Alcohol Detection Device Research.--
          [(1) In general.--The Administrator of the National 
        Highway Traffic Safety Administration shall carry out a 
        collaborative research effort under chapter 301 of 
        title 49 on in-vehicle technology to prevent alcohol-
        impaired driving.
          [(2) Funding.--The Secretary shall obligate from 
        funds made available to carry out this section for the 
        period covering fiscal years 2017 through 2021 not more 
        than $26,560,000' to conduct the research described in 
        paragraph (1).
          [(3) Privacy protection.--The Administrator shall not 
        develop requirements for any device or means of 
        technology to be installed in an automobile intended 
        for retail sale that records a driver's blood alcohol 
        concentration.
          [(4) Reports.--The Administrator shall submit an 
        annual report to the Committee on Commerce, Science, 
        and Transportation of the Senate, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, and Committee on Science, Space, and 
        Technology of the House of Representatives that--
                  [(A) describes the progress made in carrying 
                out the collaborative research effort; and
                  [(B) includes an accounting for the use of 
                Federal funds obligated or expended in carrying 
                out that effort.
          [(5) Definitions.--In this subsection:
                  [(A) Alcohol-impaired driving.--The term 
                ``alcohol-impaired driving'' means the 
                operation of a motor vehicle (as defined in 
                section 30102(a)(6) of title 49 ) by an 
                individual whose blood alcohol content is at or 
                above the legal limit.
                  [(B) Legal limit.--The term ``legal limit'' 
                means a blood alcohol concentration of 0.08 
                percent or greater (as set forth in section 
                163(a)) or such other percentage limitation as 
                may be established by applicable Federal, 
                State, or local law.]
  [(i)] (h) Limitation on Drug and Alcohol Survey Data.--The 
Secretary shall establish procedures and guidelines to ensure 
that any person participating in a program or activity that 
collects data on drug or alcohol use by drivers of motor 
vehicles and is carried out under this section is informed that 
the program or activity is voluntary.
  [(j)] (i) Federal Share.--The Federal share of the cost of 
any project or activity carried out under this section may be 
not more than 100 percent.
  (j) Grant Program to Prohibit Racial Profiling.--
          (1) General authority.--Subject to the requirements 
        of this subsection, the Secretary shall make grants to 
        a State that--
                  (A) is maintaining and allows public 
                inspection of statistical information for each 
                motor vehicle stop made by a law enforcement 
                officer on a Federal-aid highway in the State 
                regarding the race and ethnicity of the driver; 
                or
                  (B) provides assurances satisfactory to the 
                Secretary that the State is undertaking 
                activities to comply with the requirements of 
                subparagraph (A).
          (2) Use of grant funds.--A grant received by a State 
        under paragraph (1) shall be used by the State for the 
        costs of--
                  (A) collecting and maintaining data on 
                traffic stops;
                  (B) evaluating the results of such data; and
                  (C) developing and implementing programs to 
                reduce the occurrence of racial profiling.
          (3) Limitations.--The total amount of grants made to 
        a State under this section in a fiscal year may not 
        exceed--
                  (A) 10 percent of the amount made available 
                to carry out this section in the fiscal year 
                for States eligible under paragraph (1)(A); and
                  (B) 5 percent of the amount made available to 
                carry out this section in the fiscal year for 
                States eligible under paragraph (1)(B).
          (4) Funding.--From funds made available under this 
        section, the Secretary shall set aside $15,000,000 for 
        each fiscal year to carry out this subsection.

[Sec. 404. High-visibility enforcement program

  [(a) In General.--The Secretary shall establish and 
administer a program under which not less than 3 campaigns will 
be carried out in each of fiscal years 2016 through 2020.
  [(b) Purpose.--The purpose of each campaign carried out under 
this section shall be to achieve outcomes related to not less 
than 1 of the following objectives:
          [(1) Reduce alcohol-impaired or drug-impaired 
        operation of motor vehicles.
          [(2) Increase use of seatbelts by occupants of motor 
        vehicles.
  [(c) Advertising.--The Secretary may use, or authorize the 
use of, funds available to carry out this section to pay for 
the development, production, and use of broadcast and print 
media advertising and Internet-based outreach in carrying out 
campaigns under this section. In allocating such funds, 
consideration shall be given to advertising directed at non-
English speaking populations, including those who listen to, 
read, or watch nontraditional media.
  [(d) Coordination With States.--The Secretary shall 
coordinate with States in carrying out the campaigns under this 
section, including advertising funded under subsection (c), 
with consideration given to--
          [(1) relying on States to provide law enforcement 
        resources for the campaigns out of funding made 
        available under sections 402 and 405; and
          [(2) providing, out of National Highway Traffic 
        Safety Administration resources, most of the means 
        necessary for national advertising and education 
        efforts associated with the campaigns.
  [(e) Use of Funds.--Funds made available to carry out this 
section may be used only for activities described in subsection 
(c).
  [(f) Definitions.--In this section, the following definitions 
apply:
          [(1) Campaign.--The term ``campaign'' means a high-
        visibility traffic safety law enforcement campaign.
          [(2) State.--The term ``State'' has the meaning given 
        that term in section 401.]

Sec. 404. National safety campaigns

  (a) In General.--The Secretary shall establish and administer 
a program under which not less than 3 high-visibility 
enforcement campaigns and not less than 3 public awareness 
campaigns will be carried out in each of fiscal years 2023 
through 2026.
  (b) High-visibility Enforcement.--In carrying out the 
requirements under paragraph (a), the Secretary shall ensure 
that in each fiscal year not less than 1 high-visibility 
enforcement campaign is carried out to--
          (1) reduce alcohol-impaired operation of a motor 
        vehicle;
          (2) reduce alcohol-impaired and drug-impaired 
        operation of a motor vehicle; and
          (3) increase use of seatbelts by occupants of motor 
        vehicles.
  (c) Public Awareness.--The purpose of each public awareness 
campaign carried out under this section shall be to achieve 
outcomes related to not less than 1 of the following 
objectives:
          (1) Increase the proper use of seatbelts and child 
        restraints by occupants of motor vehicles.
          (2) Reduce instances of distracted driving.
          (3) Reduce instances of speeding by drivers.
  (d) Advertising.--The Secretary may use, or authorize the use 
of, funds available to carry out this section to pay for the 
development, production, and use of broadcast and print media 
advertising and Internet-based outreach in carrying out 
campaigns under this section. In allocating such funds, 
consideration shall be given to advertising directed at non-
English speaking populations, including those who listen to, 
read, or watch nontraditional media.
  (e) Coordination With States.--The Secretary shall coordinate 
with States in carrying out the high-visibility enforcement 
campaigns under this section, including advertising funded 
under subsection (d), with consideration given to--
          (1) relying on States to provide law enforcement 
        resources for the campaigns out of funding made 
        available under sections 402 and 405; and
          (2) providing, out of National Highway Traffic Safety 
        Administration resources, most of the means necessary 
        for national advertising and education efforts 
        associated with the campaigns.
  (f) Coordination of Dynamic Highway Message Signs.--During 
national high-visibility enforcement emphasis periods supported 
by these funds, the Federal Highway Administration and the 
National Highway Traffic Safety Administration shall coordinate 
with State departments of transportation on the use of dynamic 
highway message signs to support high-visibility national 
emphasis activities.
  (g) Use of Funds.--Funds made available to carry out this 
section may be used only for activities described in 
subsections (c) and (d).
  (h) Definition.--In this section:
          (1) Campaign.--The term ``campaign'' means a high-
        visibility traffic safety law enforcement campaign or a 
        traffic safety public awareness campaign.
          (2) Dynamic highway.--The term ``dynamic highway 
        message sign'' means a traffic control device that is 
        capable of displaying one or more alternative messages 
        which convey information to travelers.
          (3) State.--The ``State'' has the meaning given that 
        term in section 401.

Sec. 405. National priority safety programs

  (a) General Authority.--Subject to the requirements of this 
section, the Secretary shall manage programs to address 
national priorities for reducing highway deaths and injuries. 
Funds shall be allocated according to the following:
          (1) Occupant protection.--In each fiscal year, [13 
        percent] 12.85 percent of the funds provided under this 
        section shall be allocated among States that adopt and 
        implement effective occupant protection programs to 
        reduce highway deaths and injuries resulting from 
        individuals riding unrestrained or improperly 
        restrained in motor vehicles (as described in 
        subsection (b)).
          (2) State traffic safety information system 
        improvements.--In each fiscal year, [14.5 percent] 14.3 
        percent of the funds provided under this section shall 
        be allocated among States that meet requirements with 
        respect to State traffic safety information system 
        improvements (as described in subsection (c)).
          (3) Impaired driving countermeasures.--In each fiscal 
        year, [52.5 percent] 51.75 percent of the funds 
        provided under this section shall be allocated among 
        States that meet requirements with respect to impaired 
        driving countermeasures (as described in subsection 
        (d)).
          (4) Distracted driving.--In each fiscal year, [8.5 
        percent] 8.3 percent of the funds provided under this 
        section shall be allocated among States that adopt and 
        implement effective laws to reduce distracted driving 
        (as described in subsection (e)).
          (5) Motorcyclist safety.--In each fiscal year, 1.5 
        percent of the funds provided under this section shall 
        be allocated among States that implement motorcyclist 
        safety programs (as described in subsection (f)).
          (6) State graduated driver licensing laws.--In each 
        fiscal year, [5 percent] 4.9 percent of the funds 
        provided under this section shall be allocated among 
        States that adopt and implement graduated driver 
        licensing laws (as described in subsection (g)).
          (7) Nonmotorized safety.--In each fiscal year, [5 
        percent] 4.9 percent of the funds provided under this 
        section shall be allocated among States that meet 
        requirements with respect to nonmotorized safety (as 
        described in subsection (h)).
          (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)).
          [(8)] (9) Transfers.--Notwithstanding [paragraphs (1) 
        through (7)] paragraphs (1) through (8), the Secretary 
        shall reallocate, before the last day of any fiscal 
        year, any amounts remaining available to carry out any 
        of the activities described in [subsections (b) through 
        (h)] subsections (b) through (i) to increase the amount 
        made available to carry out any of the other activities 
        described in such subsections, or the amount made 
        available under section 402, in order to ensure, to the 
        maximum extent possible, that all such amounts are 
        obligated during such fiscal year.
          [(9)] (10) Maintenance of effort.--
                  (A) Certification.--As part of the grant 
                application required in section 402(k)(3)(F), a 
                State receiving a grant in any fiscal year 
                under subsection (b), (c), or (d) of this 
                section shall provide certification that the 
                lead State agency responsible for programs 
                described in any of those subsections is 
                maintaining aggregate expenditures at or above 
                the average level of such expenditures in the 2 
                fiscal years prior to the [date of enactment of 
                the FAST Act] date of enactment of the INVEST 
                in America Act.
                  (B) Waiver.--Upon the request of a State, the 
                Secretary may waive or modify the requirements 
                under subparagraph (A) for not more than 1 
                fiscal year if the Secretary determines that 
                such a waiver would be equitable due to 
                exceptional or uncontrollable circumstances.
          [(10)] (11) Political subdivisions.--A State may 
        provide the funds awarded under this section to a 
        political subdivision of the State or an Indian tribal 
        government.
  (b) Occupant Protection Grants.--
          (1) General authority.--Subject to the requirements 
        under this subsection, the Secretary of Transportation 
        shall award grants to States that adopt and implement 
        effective occupant protection programs to reduce 
        highway deaths and injuries resulting from individuals 
        riding unrestrained or improperly restrained in motor 
        vehicles.
          (2) Federal share.--The Federal share of the costs of 
        activities funded using amounts from grants awarded 
        under this subsection may not exceed 80 percent for 
        each fiscal year for which a State receives a grant.
          (3) Eligibility.--
                  (A) High seat belt use rate.--A State with an 
                observed seat belt use rate of 90 percent or 
                higher, based on the most recent data from a 
                survey that conforms with national criteria 
                established by the National Highway Traffic 
                Safety Administration, shall be eligible for a 
                grant in a fiscal year if the State--
                          (i) submits an occupant protection 
                        plan during the first fiscal year;
                          (ii) participates in the Click It or 
                        Ticket national mobilization;
                          (iii) has an active network of child 
                        restraint inspection stations; and
                          (iv) has a plan to recruit, train, 
                        and maintain a sufficient number of 
                        child passenger safety technicians.
                  (B) Lower seat belt use rate.--A State with 
                an observed seat belt use rate below 90 
                percent, based on the most recent data from a 
                survey that conforms with national criteria 
                established by the National Highway Traffic 
                Safety Administration, shall be eligible for a 
                grant in a fiscal year if--
                          (i) the State meets all of the 
                        requirements under clauses (i) through 
                        (iv) of subparagraph (A); and
                          (ii) the Secretary determines that 
                        the State meets at least 3 of the 
                        following criteria:
                                  (I) The State conducts 
                                sustained (on-going and 
                                periodic) seat belt enforcement 
                                at a defined level of 
                                participation during the year.
                                  (II) The State has enacted 
                                and enforces a primary 
                                enforcement seat belt use law.
                                  (III) The State has 
                                implemented countermeasure 
                                programs for high-risk 
                                populations, such as drivers on 
                                rural roadways, unrestrained 
                                nighttime drivers, or teenage 
                                drivers.
                                  (IV) The State has enacted 
                                and enforces occupant 
                                protection laws requiring front 
                                and rear occupant protection 
                                use by all occupants in an age-
                                appropriate restraint.
                                  (V) The State has implemented 
                                a comprehensive occupant 
                                protection program in which the 
                                State has--
                                          (aa) conducted a 
                                        program assessment;
                                          (bb) developed a 
                                        statewide strategic 
                                        plan;
                                          (cc) designated an 
                                        occupant protection 
                                        coordinator; and
                                          (dd) established a 
                                        statewide occupant 
                                        protection task force.
                                  (VI) The State--
                                          (aa) completed an 
                                        assessment of its 
                                        occupant protection 
                                        program during the 3-
                                        year period preceding 
                                        the grant year; or
                                          (bb) will conduct 
                                        such an assessment 
                                        during the first year 
                                        of the grant.
          (4) Use of grant amounts.--
                  (A) In general.--Grant funds received 
                pursuant to this subsection may be used to--
                          (i) carry out a program to support 
                        high-visibility enforcement 
                        mobilizations, including paid media 
                        that emphasizes publicity for the 
                        program, and law enforcement;
                          (ii) carry out a program to train 
                        occupant protection safety 
                        professionals, police officers, fire 
                        and emergency medical personnel, 
                        educators, and parents concerning all 
                        aspects of the use of child restraints 
                        and occupant protection;
                          (iii) carry out a program to educate 
                        the public concerning the proper use 
                        and installation of child restraints, 
                        including related equipment and 
                        information systems;
                          (iv) carry out a program to provide 
                        community child passenger safety 
                        services, including programs about 
                        proper seating positions for children 
                        and how to reduce the improper use of 
                        child restraints;
                          [(v) purchase and distribute child 
                        restraints to low-income families, 
                        provided that not more than 5 percent 
                        of the funds received in a fiscal year 
                        are used for such purpose; and]
                          (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
                          (vi) establish and maintain 
                        information systems containing data 
                        concerning occupant protection, 
                        including the collection and 
                        administration of child passenger 
                        safety and occupant protection surveys.
                  (B) High seat belt use rate.--A State that is 
                eligible for funds under paragraph (3)(A) may 
                use up to [100 percent] 90 percent of such 
                funds for any project or activity eligible for 
                funding under section 402. The remaining 10 
                percent of such funds shall be used to carry 
                out subsection (A)(v).
          (5) 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.
          (6) Definitions.--In this subsection:
                  (A) Child restraint.--The term ``child 
                restraint'' means any device (including child 
                safety seat, booster seat, harness, and 
                excepting seat belts) that is--
                          (i) designed for use in a motor 
                        vehicle to restrain, seat, or position 
                        children who weigh 65 pounds (30 
                        kilograms) or less; and
                          (ii) certified to the Federal motor 
                        vehicle safety standard prescribed by 
                        the National Highway Traffic Safety 
                        Administration for child restraints.
                  (B) Seat belt.--The term ``seat belt'' 
                means--
                          (i) with respect to open-body motor 
                        vehicles, including convertibles, an 
                        occupant restraint system consisting of 
                        a lap belt or a lap belt and a 
                        detachable shoulder belt; and
                          (ii) with respect to other motor 
                        vehicles, an occupant restraint system 
                        consisting of integrated lap and 
                        shoulder belts.
  (c) State Traffic Safety Information System Improvements.--
          (1) General authority.--Subject to the requirements 
        under this subsection, the Secretary of Transportation 
        shall award grants to States to support the development 
        and implementation of effective State programs that--
                  (A) improve the timeliness, accuracy, 
                completeness, uniformity, integration, and 
                accessibility of the State safety data that is 
                needed to identify priorities for Federal, 
                State, and local highway and traffic safety 
                programs;
                  (B) evaluate the effectiveness of efforts to 
                make such improvements;
                  (C) link the State data systems, including 
                traffic records, with other data systems within 
                the State, such as systems that contain 
                medical, roadway, and economic data;
                  (D) improve the compatibility and 
                interoperability of the data systems of the 
                State with national data systems and data 
                systems of other States; and
                  (E) enhance the ability of the Secretary to 
                observe and analyze national trends in crash 
                occurrences, rates, outcomes, and 
                circumstances.
          (2) Federal share.--The Federal share of the cost of 
        adopting and implementing in a fiscal year a State 
        program described in this subsection may not exceed 80 
        percent.
          (3) Eligibility.--A State is not eligible for a grant 
        under this subsection in a fiscal year unless the State 
        demonstrates, to the satisfaction of the Secretary, 
        that the State--
                  (A) has a functioning traffic records 
                coordinating committee (referred to in this 
                paragraph as ``TRCC'') that meets at least 3 
                times each year;
                  (B) has designated a TRCC coordinator;
                  (C) has established a State traffic record 
                strategic plan that has been approved by the 
                TRCC and describes specific quantifiable and 
                measurable improvements anticipated in the 
                State's core safety databases, including crash, 
                citation or adjudication, driver, emergency 
                medical services or injury surveillance system, 
                roadway, and vehicle databases;
                  (D) has demonstrated quantitative progress in 
                relation to the significant data program 
                attribute of--
                          (i) accuracy;
                          (ii) completeness;
                          (iii) timeliness;
                          (iv) uniformity;
                          (v) accessibility; or
                          (vi) integration of a core highway 
                        safety database; and
                  (E) has certified to the Secretary that an 
                assessment of the State's highway safety data 
                and traffic records system was conducted or 
                updated during the preceding [5] 10 years.
          [(4) Use of grant amounts.--Grant funds received by a 
        State under this subsection shall be used for 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).]
          (4) Use of grant amounts.--Grant funds received by a 
        State under this subsection shall be used for--
                  (A) making data program improvements to core 
                highway safety databases related to 
                quantifiable, measurable progress in any of the 
                6 significant data program attributes set forth 
                in paragraph (3)(D);
                  (B) developing or acquiring information 
                technology for programs to identify, collect, 
                and report data to State and local government 
                agencies, and enter data, including crash, 
                citation and adjudication, driver, emergency 
                medical services or injury surveillance system, 
                roadway, and vehicle, into the core highway 
                safety databases of a State;
                  (C) purchasing equipment used to identify, 
                collect, and report State safety data to 
                support State efforts to improve State traffic 
                safety information systems;
                  (D) linking core highway safety databases of 
                a State with such databases of other States;
                  (E) improving the compatibility and 
                interoperability of the core highway safety 
                databases of the State with national data 
                systems and data systems of other States;
                  (F) costs associated with training State and 
                local personnel on ways to improve State 
                traffic safety information systems;
                  (G) hiring a Fatality Analysis Reporting 
                System liaison for a State; and
                  (H) conducting research on State traffic 
                safety information systems, including 
                developing and evaluating programs to improve 
                core highway safety databases of such State and 
                processes by which data is identified, 
                collected, reported to State and local 
                government agencies, and entered into such core 
                safety databases.
          (5) 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.
  (d) Impaired Driving Countermeasures.--
          (1) In general.--Subject to the requirements under 
        this subsection, the Secretary of Transportation shall 
        award grants to States that adopt and implement--
                  (A) effective programs to reduce driving 
                under the influence of alcohol, drugs, or the 
                combination of alcohol and drugs; or
                  (B) alcohol-ignition interlock laws.
          (2) Federal share.--The Federal share of the costs of 
        activities funded using amounts from grants under this 
        subsection may not exceed 80 percent in any fiscal year 
        in which the State receives a grant.
          (3) Eligibility.--
                  (A) Low-range states.--Low-range States shall 
                be eligible for a grant under this subsection.
                  (B) Mid-range states.--A mid-range State 
                shall be eligible for a grant under this 
                subsection if--
                          (i) a statewide impaired driving task 
                        force in the State developed a 
                        statewide plan during the most recent 3 
                        calendar years to address the problem 
                        of impaired driving; or
                          (ii) the State will convene a 
                        statewide impaired driving task force 
                        to develop such a plan during the first 
                        year of the grant.
                  (C) High-range states.--A high-range State 
                shall be eligible for a grant under this 
                subsection if the State--
                          (i)(I) conducted an assessment of the 
                        State's impaired driving program during 
                        the most recent 3 calendar years; or
                          (II) will conduct such an assessment 
                        during the first year of the grant;
                          (ii) convenes, during the first year 
                        of the grant, a statewide impaired 
                        driving task force to develop a 
                        statewide plan that--
                                  (I) addresses any 
                                recommendations from the 
                                assessment conducted under 
                                clause (i);
                                  (II) includes a detailed plan 
                                for spending any grant funds 
                                provided under this subsection; 
                                and
                                  (III) describes how such 
                                spending supports the statewide 
                                program; and
                          (iii)(I) submits the statewide plan 
                        to the National Highway Traffic Safety 
                        Administration during the first year of 
                        the grant for the agency's review and 
                        approval;
                          (II) annually updates the statewide 
                        plan in each subsequent year of the 
                        grant; and
                          (III) submits each updated statewide 
                        plan for the agency's review and 
                        comment.
          (4) Use of grant amounts.--
                  (A) Required programs.--High-range States 
                shall use grant funds for--
                          (i) high-visibility enforcement 
                        efforts; and
                          (ii) any of the activities described 
                        in subparagraph (B) if--
                                  (I) the activity is described 
                                in the statewide plan; and
                                  (II) the Secretary approves 
                                the use of funding for such 
                                activity.
                  (B) Authorized programs.--Medium-range and 
                low-range States may use grant funds for--
                          (i) any of the purposes described in 
                        subparagraph (A);
                          (ii) hiring a full-time or part-time 
                        impaired driving coordinator of the 
                        State's activities to address the 
                        enforcement and adjudication of laws 
                        regarding driving while impaired by 
                        alcohol, drugs, or the combination of 
                        alcohol and drugs;
                          [(iii) court support of high-
                        visibility enforcement efforts, 
                        training and education of criminal 
                        justice professionals (including law 
                        enforcement, prosecutors, judges, and 
                        probation officers) to assist such 
                        professionals in handling impaired 
                        driving cases, hiring traffic safety 
                        resource prosecutors, hiring judicial 
                        outreach liaisons, and establishing 
                        driving while intoxicated courts;]
                          (iii)(I) court support of high-
                        visibility enforcement efforts;
                          (II) hiring criminal justice 
                        professionals, including law 
                        enforcement officers, prosecutors, 
                        traffic safety resource prosecutors, 
                        judges, judicial outreach liaisons, and 
                        probation officers;
                          (III) training and education of the 
                        criminal justice professionals 
                        described in subclause (II) to assist 
                        those professionals in preventing 
                        impaired driving and handling impaired 
                        driving cases, including by providing 
                        compensation to a law enforcement 
                        officer to replace a law enforcement 
                        officer who is--
                                  (aa) receiving such drug 
                                recognition expert training; or
                                  (bb) participating as an 
                                instructor in such drug 
                                recognition expert training; 
                                and
                                  (IV) establishing driving 
                                while intoxicated courts;
                          (iv) alcohol ignition interlock 
                        programs;
                          [(v) improving blood-alcohol 
                        concentration testing and reporting;
                          [(vi) paid and earned media in 
                        support of high-visibility enforcement 
                        efforts, conducting standardized field 
                        sobriety training, advanced roadside 
                        impaired driving evaluation training, 
                        and drug recognition expert training 
                        for law enforcement, and equipment and 
                        related expenditures used in connection 
                        with impaired driving enforcement in 
                        accordance with criteria established by 
                        the National Highway Traffic Safety 
                        Administration;]
                          (v) improving--
                                  (I) blood alcohol 
                                concentration screening and 
                                testing;
                                  (II) the detection of 
                                potentially impairing drugs, 
                                including through the use of 
                                oral fluid as a specimen; and
                                  (III) reporting relating to 
                                the testing and detection 
                                described in subclauses (I) and 
                                (II);
                          (vi)(I) paid and earned media in 
                        support of high-visibility enforcement 
                        efforts;
                          (II) conducting initial and 
                        continuing--
                                  (aa) standardized field 
                                sobriety training, advanced 
                                roadside impaired driving 
                                enforcement training, and drug 
                                recognition expert training for 
                                law enforcement; and
                                  (bb) law enforcement 
                                phlebotomy training; and
                          (III) to purchase equipment to carry 
                        out impaired driving enforcement 
                        activities authorized by this 
                        subsection;
                          (vii) training on the use of alcohol 
                        and drug screening and brief 
                        intervention;
                          (viii) training for and 
                        implementation of impaired driving 
                        assessment programs or other tools 
                        designed to increase the probability of 
                        identifying the recidivism risk of a 
                        person convicted of driving under the 
                        influence of alcohol, drugs, or a 
                        combination of alcohol and drugs and to 
                        determine the most effective mental 
                        health or substance abuse treatment or 
                        sanction that will reduce such risk;
                          (ix) developing impaired driving 
                        information systems; [and]
                          (x) costs associated with a 24-7 
                        sobriety program[.]; and
                          (xi) testing and implementing 
                        programs and purchasing technologies to 
                        better identify, monitor, or treat 
                        impaired drivers, including--
                                  (I) oral fluid screening 
                                technologies;
                                  (II) electronic warrant 
                                programs;
                                  (III) equipment to increase 
                                the scope, quantity, quality, 
                                and timeliness of forensic 
                                toxicology chemical testing;
                                  (IV) case management software 
                                to support the management of 
                                impaired driving offenders; and
                                  (V) technology to monitor 
                                impaired driving offenders.
                  (C) Other programs.--[Low-range]
                          (i) Low-range states._Subject to 
                        clause (iii), low-range  States may use 
                        grant funds for any expenditure 
                        designed to reduce impaired driving 
                        based on problem identification and may 
                        use not more than 50 percent of funds 
                        made available under this subsection 
                        for any project or activity eligible 
                        for funding under section 402. [Medium-
                        range]
                          (ii) Medium-range and high-range 
                        states._Subject to clause (iii), 
                        medium-range  and high-range States may 
                        use funds for any expenditure designed 
                        to reduce impaired driving based on 
                        problem identification upon approval by 
                        the Secretary.
                          (iii) All states.--
                                  (I) Reporting of impaired 
                                driving criminal justice 
                                information.--A State may use 
                                grant funds for any expenditure 
                                designed to increase the timely 
                                and accurate reporting of crash 
                                information, including 
                                electronic crash reporting 
                                systems that allow accurate 
                                real-time or near real-time 
                                uploading of crash information, 
                                and impaired driving criminal 
                                justice information to Federal, 
                                State, and local databases.
                                  (II) Impaired driving 
                                countermeasures.--A State may 
                                use grant funds for any 
                                expenditure to research or 
                                evaluate impaired driving 
                                countermeasures.
          (5) Grant amount.--Subject to paragraph (6), the 
        allocation of grant funds to a State under this section 
        for a fiscal year shall be in proportion to the State's 
        apportionment under section 402 for fiscal year 2009.
          (6) Additional grants.--
                  [(A) Grants to states with alcohol-ignition 
                interlock laws.--The Secretary shall make a 
                separate grant under this subsection to each 
                State that adopts and is enforcing a mandatory 
                alcohol-ignition interlock law for all 
                individuals convicted of driving under the 
                influence of alcohol or of driving while 
                intoxicated.]
                  (A) Grants to states with alcohol-ignition 
                interlock laws.--The Secretary shall make a 
                separate grant under this subsection to each 
                State that--
                          (i) adopts and is enforcing a 
                        mandatory alcohol-ignition interlock 
                        law for all individuals at the time of, 
                        or prior to, a conviction of driving 
                        under the influence of alcohol or of 
                        driving while intoxicated;
                          (ii) does not allow any individual 
                        required to have an ignition interlock 
                        for driving privileges to drive a motor 
                        vehicle unless such individual installs 
                        an ignition interlock for a minimum 
                        180-day interlock period; or
                          (iii) has--
                                  (I) enacted and is enforcing 
                                a state law requiring all 
                                individuals convicted of, or 
                                whose driving privilege is 
                                revoked or denied for, refusing 
                                to submit to a chemical or 
                                other test for the purpose of 
                                determining the presence or 
                                concentration of any 
                                intoxicating substance to 
                                install an ignition interlock 
                                for a minimum 180-day interlock 
                                period unless the driver 
                                successfully completes an 
                                appeal process; and
                                  (II) a compliance-based 
                                removal program in which an 
                                individual required to install 
                                an ignition interlock for a 
                                minimum 180-day interlock 
                                period and have completed a 
                                minimum consecutive period of 
                                not less than 60 days of the 
                                required interlock period 
                                immediately preceding the date 
                                of release, without a confirmed 
                                violation, as defined by State 
                                law or regulations, of driving 
                                under the influence of alcohol 
                                or driving while intoxicated.
                  (B) Grants to states with 24-7 sobriety 
                programs.--The Secretary shall make a separate 
                grant under this subsection to each State 
                that--
                          (i) adopts and is enforcing a law 
                        that requires all individuals convicted 
                        of driving under the influence of 
                        alcohol or of driving while intoxicated 
                        to receive a restriction on driving 
                        privileges; and
                          (ii) provides a 24-7 sobriety 
                        program.
                  (C) Use of funds.--Grants authorized under 
                subparagraph (A) and subparagraph (B) may be 
                used by recipient States for any eligible 
                activities under this subsection or section 
                402.
                  (D) Allocation.--Amounts made available under 
                this paragraph shall be allocated among States 
                described in subparagraph (A) and subparagraph 
                (B) in proportion to the State's apportionment 
                under section 402 for fiscal year 2009.
                  (E) Funding.--
                          (i) Funding for grants to states with 
                        alcohol-ignition interlock laws.--Not 
                        more than 12 percent of the amounts 
                        made available to carry out this 
                        subsection in a fiscal year shall be 
                        made available by the Secretary for 
                        making grants under subparagraph (A).
                          (ii) Funding for grants to states 
                        with 24-7 sobriety programs.--Not more 
                        than 3 percent of the amounts made 
                        available to carry out this subsection 
                        in a fiscal year shall be made 
                        available by the Secretary for making 
                        grants under subparagraph (B).
                  (F) Exceptions.--A State alcohol-ignition 
                interlock law under subparagraph (A) may 
                include exceptions for the following 
                circumstances:
                          (i) The individual is required to 
                        operate an employer's motor vehicle in 
                        the course and scope of employment and 
                        the business entity that owns the 
                        vehicle is not owned or controlled by 
                        the individual.
                          (ii) The individual is certified by a 
                        medical doctor as being unable to 
                        provide a deep lung breath sample for 
                        analysis by an ignition interlock 
                        device.
                          (iii) A State-certified ignition 
                        interlock provider is not available 
                        within 100 miles of the individual's 
                        residence.
          (7) Definitions.--In this subsection:
                  (A) 24-7 sobriety program.--The term ``24-7 
                sobriety program'' means a State law or program 
                that authorizes a State or local court or an 
                agency with jurisdiction, as a condition of 
                bond, sentence, probation, parole, or work 
                permit, to--
                          (i) require an individual who was 
                        arrested for, plead guilty to, or was 
                        convicted of driving under the 
                        influence of alcohol or drugs to 
                        totally abstain from alcohol or drugs 
                        for a period of time; and
                          (ii) require the individual to be 
                        subject to testing for alcohol or 
                        drugs--
                                  (I) at least twice per day at 
                                a testing location;
                                  (II) by continuous 
                                transdermal alcohol monitoring 
                                via an electronic monitoring 
                                device; or
                                  (III) by an alternate method 
                                with the concurrence of the 
                                Secretary.
                  (B) Average impaired driving fatality rate.--
                The term ``average impaired driving fatality 
                rate'' means the number of fatalities in motor 
                vehicle crashes involving a driver with a blood 
                alcohol concentration of at least 0.08 percent 
                for every 100,000,000 vehicle miles traveled, 
                based on the most recently reported 3 calendar 
                years of final data from the Fatality Analysis 
                Reporting System, as calculated in accordance 
                with regulations prescribed by the 
                Administrator of the National Highway Traffic 
                Safety Administration.
                  (C) High-range state.--The term ``high-range 
                State'' means a State that has an average 
                impaired driving fatality rate of 0.60 or 
                higher.
                  (D) Low-range state.--The term ``low-range 
                State'' means a State that has an average 
                impaired driving fatality rate of 0.30 or 
                lower.
                  (E) Mid-range state.--The term ``mid-range 
                State'' means a State that has an average 
                impaired driving fatality rate that is higher 
                than 0.30 and lower than 0.60.
  (e) Distracted Driving Grants.--
          (1) In general.--The Secretary shall award a grant 
        under this subsection to any State that includes 
        distracted driving awareness as part of the State's 
        driver's license examination, and enacts and enforces a 
        law that meets the requirements set forth in 
        [paragraphs (2) and (3)] paragraph (2).
          [(2) Prohibition on texting while driving.--A State 
        law meets the requirements set forth in this paragraph 
        if the law--
                  [(A) prohibits a driver from texting through 
                a personal wireless communications device while 
                driving;
                  [(B) makes violation of the law a primary 
                offense;
                  [(C) establishes a minimum fine for a 
                violation of the law; and
                  [(D) does not provide for an exemption that 
                specifically allows a driver to text through a 
                personal wireless communication device while 
                stopped in traffic.
          [(3) Prohibition on youth cell phone 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 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 set forth in 
                        subsection (g)(2)(B);
                  [(B) makes violation of the law a primary 
                offense;
                  [(C) establishes a minimum fine for a 
                violation of the law; and
                  [(D) does not provide for an exemption that 
                specifically allows a driver to text through a 
                personal wireless communication device while 
                stopped in traffic.]
          (2) Allocation.--
                  (A) In general.--Subject to subparagraphs 
                (B), (C), and (D), the allocation of grant 
                funds to a State under this subsection for a 
                fiscal year shall be in proportion to the 
                State's apportionment under section 402 for 
                fiscal year 2009.
                  (B) Primary offense laws.--A State that has 
                enacted and is enforcing a law that meets the 
                requirements set forth in paragraphs (3) and 
                (4) as a primary offense shall be allocated 100 
                percent of the amount calculated under 
                subparagraph (A).
                  (C) Secondary offense laws.--A State that has 
                enacted and is enforcing a law that meets the 
                requirements set forth in paragraphs (3) and 
                (4) as a secondary offense shall be allocated 
                50 percent of the amount calculated under 
                subparagraph (A).
                  (D) Texting while driving.--Notwithstanding 
                subparagraphs (B) and (C), a State shall be 
                allocated 25 percent of the amount calculated 
                under subparagraph (A) if such State has 
                enacted and is enforcing a law that prohibits a 
                driver from viewing a personal wireless 
                communication device, except for the purpose of 
                navigation.
          (3) Prohibition on handheld personal wireless 
        communication device use while driving.--A State law 
        meets the requirements set forth in this paragraph if 
        the law--
                  (A) prohibits a driver from holding or using, 
                including texting, a personal wireless 
                communications device while driving, except for 
                the 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.
          [(4)] (5) Permitted exceptions.--A law that meets the 
        requirements set forth in [paragraph (2) or (3)] 
        paragraph (3) or (4) may provide exceptions for--
                  (A) a driver who uses a personal wireless 
                [communications device to contact emergency 
                services] communications device during an 
                emergency to contact emergency services or to 
                prevent injury to persons or property;
                  (B) emergency services personnel who use a 
                personal wireless communications device while--
                          (i) operating an emergency services 
                        vehicle; and
                          (ii) engaged in the performance of 
                        their duties as emergency services 
                        personnel;
                  (C) an individual employed as a commercial 
                motor vehicle driver or a school bus driver who 
                uses a personal wireless communications device 
                within the scope of such individual's 
                employment if such use is permitted under the 
                regulations promulgated pursuant to section 
                31136 of title 49[; and];
                  (D) a driver who uses a personal wireless 
                communication device for navigation; and
                  [(D)] (E) any additional exceptions 
                determined by the Secretary through a 
                rulemaking process.
          [(5)] (6) Use of grant funds.--
                  (A) In general.--Except as provided in 
                subparagraph (B), amounts received by a State 
                under this subsection shall be used--
                          (i) to educate the public through 
                        advertising containing information 
                        about the dangers of [texting or using 
                        a cell phone while] distracted driving;
                          (ii) for traffic signs that notify 
                        drivers about the distracted driving 
                        law of the State; or
                          (iii) for law enforcement costs 
                        related to the enforcement of the 
                        distracted driving law.
                  (B) Flexibility.--
                          (i) Not more than 50 percent of 
                        amounts received by a State under this 
                        subsection may be used for any eligible 
                        project or activity under section 402.
                          (ii) Not more than 75 percent of 
                        amounts received by a State under this 
                        subsection may be used for any eligible 
                        project or activity under section 402 
                        if the State has conformed its 
                        distracted driving data to the most 
                        recent Model Minimum Uniform Crash 
                        Criteria published by the Secretary.
          [(6) Additional distracted driving grants.--
                  [(A) In general.--Notwithstanding paragraph 
                (1), for each of fiscal years 2017 and 2018, 
                the Secretary shall use up to 25 percent of the 
                amounts available for grants under this 
                subsection to award grants to any State that--
                          [(i) in fiscal year 2017--
                                  [(I) certifies that it has 
                                enacted a basic text messaging 
                                statute that--
                                          [(aa) is applicable 
                                        to drivers of all ages; 
                                        and
                                          [(bb) makes violation 
                                        of the basic text 
                                        messaging statute a 
                                        primary offense or 
                                        secondary enforcement 
                                        action as allowed by 
                                        State statute; and
                                  [(II) is otherwise ineligible 
                                for a grant under this 
                                subsection; and
                          [(ii) in fiscal year 2018--
                                  [(I) certifies that it has 
                                enacted a basic text messaging 
                                statute that--
                                          [(aa) is applicable 
                                        to drivers of all ages; 
                                        and
                                          [(bb) makes violation 
                                        of the basic text 
                                        messaging statute a 
                                        primary offense;
                                  [(II) imposes fines for 
                                violations;
                                  [(III) has a statute that 
                                prohibits drivers who are 
                                younger than 18 years of age 
                                from using a personal wireless 
                                communications device while 
                                driving; and
                                  [(IV) is otherwise ineligible 
                                for a grant under this 
                                subsection.
                  [(B) Use of grant funds.--
                          [(i) In general.--Notwithstanding 
                        paragraph (5) and subject to clauses 
                        (ii) and (iii) of this subparagraph, 
                        amounts received by a State under 
                        subparagraph (A) may be used for 
                        activities related to the enforcement 
                        of distracted driving laws, including 
                        for public information and awareness 
                        purposes.
                          [(ii) Fiscal year 2017.--In fiscal 
                        year 2017, up to 15 percent of the 
                        amounts received by a State under 
                        subparagraph (A) may be used for any 
                        eligible project or activity under 
                        section 402.
                          [(iii) Fiscal year 2018.--In fiscal 
                        year 2018, up to 25 percent of the 
                        amounts received by a State under 
                        subparagraph (A) may be used for any 
                        eligible project or activity under 
                        section 402.]
          (7) Allocation to support state distracted driving 
        laws.--[Of the amounts] In addition to the amounts 
        authorized under section 404 and of the amounts 
        available under this subsection in a fiscal year for 
        distracted driving grants, the Secretary may expend not 
        more than $5,000,000 for the development and placement 
        of broadcast media to reduce distracted driving of 
        motor vehicles.
          [(8) 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.]
          (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).
          (9) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Driving.--The term ``driving''--
                          (i) means operating a motor vehicle 
                        on a public road; and
                          (ii) does not include operating a 
                        motor vehicle when the vehicle has 
                        pulled over to the side of, or off, an 
                        active roadway and has stopped in a 
                        location where it can safely remain 
                        stationary.
                  [(B) Personal wireless communications 
                device.--The term ``personal wireless 
                communications device''--
                          [(i) means a device through which 
                        personal wireless services (as 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; and
                          [(ii) does not include a global 
                        navigation satellite system receiver 
                        used for positioning, emergency 
                        notification, or navigation purposes.]
                  (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.
                  (C) Primary offense.--The term ``primary 
                offense'' means an offense for which a law 
                enforcement officer may stop a vehicle solely 
                for the purpose of issuing a citation in the 
                absence of evidence of another offense.
                  (D) Public road.--The term ``public road'' 
                has the meaning given such term in section 
                402(c).
                  [(E) Texting.--The term ``texting'' means 
                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.]
                  (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) Motorcyclist Safety.--
          (1) Grants authorized.--Subject to the requirements 
        under this subsection, the Secretary shall award grants 
        to States that adopt and implement effective programs 
        to reduce the number of single- and multi-vehicle 
        crashes involving motorcyclists.
          (2) 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, except that the 
        amount of a grant awarded to a State for a fiscal year 
        may not exceed 25 percent of the amount apportioned to 
        the State under such section for fiscal year 2009.
          (3) Grant eligibility.--A State becomes eligible for 
        a grant under this subsection by adopting or 
        demonstrating to the satisfaction of the Secretary, at 
        least 2 of the following criteria:
                  (A) Motorcycle rider training courses.--An 
                effective motorcycle rider training course that 
                is offered throughout the State, which--
                          (i) provides a formal program of 
                        instruction in [accident] crash 
                        avoidance and other safety-oriented 
                        operational skills to motorcyclists; 
                        and
                          (ii) may include innovative training 
                        opportunities to meet unique regional 
                        needs.
                  (B) Motorcyclists awareness program.--An 
                effective statewide program to enhance motorist 
                awareness of the presence of motorcyclists on 
                or near roadways and safe driving practices 
                that avoid injuries to motorcyclists.
                  (C) Reduction of fatalities and crashes 
                involving motorcycles.--A reduction for the 
                preceding calendar year in the number of 
                motorcycle fatalities and the rate of motor 
                vehicle crashes involving motorcycles in the 
                State (expressed as a function of 10,000 
                motorcycle registrations).
                  (D) Impaired driving program.--Implementation 
                of a statewide program to reduce impaired 
                driving, including specific measures to reduce 
                impaired motorcycle operation.
                  (E) Reduction of fatalities and accidents 
                involving impaired motorcyclists.--A reduction 
                for the preceding calendar year in the number 
                of fatalities and the rate of reported crashes 
                involving alcohol- or drug-impaired motorcycle 
                operators (expressed as a function of 10,000 
                motorcycle registrations).
                  (F) Fees collected from motorcyclists.--All 
                fees collected by the State from motorcyclists 
                for the purposes of funding motorcycle training 
                and safety programs will be used for motorcycle 
                training and safety purposes.
          (4) Eligible uses.--
                  (A) In general.--A State may use funds from a 
                grant under this subsection only for 
                motorcyclist safety training and motorcyclist 
                awareness programs, including--
                          (i) improvements to motorcyclist 
                        safety training curricula;
                          (ii) improvements in program delivery 
                        of motorcycle training to both urban 
                        and rural areas, including--
                                  (I) procurement or repair of 
                                practice motorcycles;
                                  (II) instructional materials;
                                  (III) mobile training units; 
                                and
                                  (IV) leasing or purchasing 
                                facilities for closed-course 
                                motorcycle skill training;
                          (iii) measures designed to increase 
                        the recruitment or retention of 
                        motorcyclist safety training 
                        instructors; and
                          (iv) public awareness, public service 
                        announcements, and other outreach 
                        programs to enhance driver awareness of 
                        motorcyclists, including ``share-the-
                        road'' safety messages.
                  (B) Suballocations of funds.--An agency of a 
                State that receives a grant under this 
                subsection may suballocate funds from the grant 
                to a nonprofit organization incorporated in 
                that State to carry out this subsection.
                  (C) Flexibility.--Not more than 50 percent of 
                grant funds received by a State under this 
                subsection may be used for any eligible project 
                or activity under section 402 if the State is 
                in the lowest 25 percent of all States for 
                motorcycle deaths per 10,000 motorcycle 
                registrations based on the most recent data 
                that conforms with criteria established by the 
                Secretary.
          (5) Definitions.--In this subsection:
                  (A) Motorcyclist awareness.--The term 
                ``motorcyclist awareness'' means individual or 
                collective awareness of--
                          (i) the presence of motorcycles on or 
                        near roadways; and
                          (ii) safe driving practices that 
                        avoid injury to motorcyclists.
                  (B) Motorcyclist awareness program.--The term 
                ``motorcyclist awareness program'' means an 
                informational or public awareness program 
                designed to enhance motorcyclist awareness that 
                is developed by or in coordination with the 
                designated State authority having jurisdiction 
                over motorcyclist safety issues, which may 
                include the State motorcycle safety 
                administrator or a motorcycle advisory council 
                appointed by the governor of the State.
                  (C) Motorcyclist safety training.--The term 
                ``motorcyclist safety training'' means a formal 
                program of instruction that is approved for use 
                in a State by the designated State authority 
                having jurisdiction over motorcyclist safety 
                issues, which may include the State motorcycle 
                safety administrator or a motorcycle advisory 
                council appointed by the governor of the State.
                  (D) State.--The term ``State'' has the 
                meaning given such term in section 101(a) of 
                title 23, United States Code.
          (6) Share-the-road model language.--Not later than 1 
        year after the date of enactment of this paragraph, the 
        Secretary shall update and provide to the States model 
        language, for use in traffic safety education courses, 
        driver's manuals, and other driver training materials, 
        that provides instruction for drivers of motor vehicles 
        on the importance of sharing the road safely with 
        motorcyclists.
  (g) State Graduated Driver Licensing Incentive Grant.--
          (1) Grants authorized.--Subject to the requirements 
        under this subsection, the Secretary shall award grants 
        to States that adopt and implement graduated driver 
        licensing laws in accordance with the requirements set 
        forth in subparagraphs (A) and (B) of paragraph (2).
          [(2) Minimum requirements.--
                  [(A) In general.--A State meets the 
                requirements set forth in this paragraph if the 
                State has a graduated driver licensing law that 
                requires novice drivers younger than 18 years 
                of age to comply with the 2-stage licensing 
                process described in subparagraph (B) before 
                receiving an unrestricted driver's license.
                  [(B) Licensing process.--A State is in 
                compliance with the 2-stage licensing process 
                described in this subparagraph if the State's 
                driver's license laws include--
                          [(i) a learner's permit stage that--
                                  [(I) is at least 6 months in 
                                duration;
                                  [(II) contains a prohibition 
                                on the driver using a personal 
                                wireless communications device 
                                (as defined in subsection (e)) 
                                while driving except under an 
                                exception permitted under 
                                paragraph (4) of that 
                                subsection, and makes a 
                                violation of the prohibition a 
                                primary offense;
                                  [(III) requires applicants to 
                                successfully pass a vision and 
                                knowledge assessment prior to 
                                receiving a learner's permit;
                                  [(IV) requires that the 
                                driver be accompanied and 
                                supervised at all times while 
                                the driver is operating a motor 
                                vehicle by a licensed driver 
                                who is at least 21 years of age 
                                or is a State-certified driving 
                                instructor;
                                  [(V) has a requirement that 
                                the driver--
                                          [(aa) complete a 
                                        State-certified driver 
                                        education or training 
                                        course; or
                                          [(bb) obtain at least 
                                        50 hours of behind-the-
                                        wheel training, with at 
                                        least 10 hours at 
                                        night, with a licensed 
                                        driver; and
                                  [(VI) remains in effect until 
                                the driver--
                                          [(aa) reaches 16 
                                        years of age and enters 
                                        the intermediate stage; 
                                        or
                                          [(bb) reaches 18 
                                        years of age;
                          [(ii) an intermediate stage that--
                                  [(I) commences immediately 
                                after the expiration of the 
                                learner's permit stage and 
                                successful completion of a 
                                driving skills assessment;
                                  [(II) is at least 6 months in 
                                duration;
                                  [(III) prohibits the driver 
                                from using a personal wireless 
                                communications device (as 
                                defined in subsection (e)) 
                                while driving except under an 
                                exception permitted under 
                                paragraph (4) of that 
                                subsection, and makes a 
                                violation of the prohibition a 
                                primary offense;
                                  [(IV) for the first 6 months 
                                of the intermediate stage, 
                                restricts driving at night 
                                between the hours of 10:00 p.m. 
                                and 5:00 a.m. when not 
                                supervised by a licensed driver 
                                21 years of age or older, 
                                excluding transportation to 
                                work, school, religious 
                                activities, or emergencies;
                                  [(V) prohibits the driver 
                                from operating a motor vehicle 
                                with more than 1 nonfamilial 
                                passenger younger than 21 years 
                                of age unless a licensed driver 
                                who is at least 21 years of age 
                                is in the motor vehicle; and
                                  [(VI) remains in effect until 
                                the driver reaches 17 years of 
                                age; and
                          [(iii) learner's permit and 
                        intermediate stages that each require, 
                        in addition to any other penalties 
                        imposed by State law, that the granting 
                        of an unrestricted driver's license be 
                        automatically delayed for any 
                        individual who, during the learner's 
                        permit or intermediate stage, is 
                        convicted of a driving-related offense 
                        during the first 6 months, including--
                                  [(I) driving while 
                                intoxicated;
                                  [(II) misrepresentation of 
                                the individual's age;
                                  [(III) reckless driving;
                                  [(IV) driving without wearing 
                                a seat belt;
                                  [(V) speeding; or
                                  [(VI) any other driving-
                                related offense, as determined 
                                by the Secretary.]
          (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.
          (3) Rulemaking.--
                  (A) In general.--The Secretary shall 
                promulgate regulations necessary to implement 
                the requirements set forth in subparagraphs (A) 
                and (B) of paragraph (2), in accordance with 
                the notice and comment provisions under section 
                553 of title 5.
                  (B) Exception.--A State that otherwise meets 
                the minimum requirements set forth in 
                subparagraphs (A) and (B) of paragraph (2) 
                shall be deemed by the Secretary to be in 
                compliance with the requirement set forth in 
                subparagraphs (A) and (B) of paragraph (2) if 
                the State enacted a law before January 1, 2011, 
                establishing a class of license that permits 
                licensees or applicants younger than 18 years 
                of age to drive a motor vehicle--
                          (i) in connection with work performed 
                        on, or for the operation of, a farm 
                        owned by family members who are 
                        directly related to the applicant or 
                        licensee; or
                          (ii) if demonstrable hardship would 
                        result from the denial of a license to 
                        the licensees or applicants.
          (4) Allocation.--Grant funds allocated to a State 
        under this subsection for a fiscal year shall be in 
        proportion to a State's apportionment under section 402 
        for [such fiscal year] fiscal year 2009.
          [(5) Use of funds.--Of the grant funds received by a 
        State under this subsection--
                  [(A) at least 25 percent shall be used 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; and
                          [(v) carrying out a teen traffic 
                        safety program described in section 
                        402(m); and
                  [(B) up to 75 percent may be used for any 
                eligible project or activity under section 
                402.]
          (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.
          (6) Special rule.--Notwithstanding paragraph (5), up 
        to 100 percent of grant funds received by a State under 
        this subsection may be used for any eligible project or 
        activity under section 402, if the State is in the 
        lowest 25 percent of all States for the number of 
        drivers under age 18 involved in fatal crashes in the 
        State per the total number of drivers under age 18 in 
        the State based on the most recent data that conforms 
        with criteria established by the Secretary.
  (h) Nonmotorized Safety.--
          (1) General authority.--Subject to the requirements 
        under this subsection, the Secretary shall award grants 
        to States for the purpose of decreasing pedestrian and 
        bicycle fatalities and injuries that result from 
        crashes involving a motor vehicle.
          (2) Federal share.--The Federal share of the cost of 
        a project carried out by a State using amounts from a 
        grant awarded under this subsection may not exceed 80 
        percent.
          (3) Eligibility.--A State shall receive a grant under 
        this subsection in a fiscal year if the annual combined 
        pedestrian and bicycle fatalities in the State exceed 
        15 percent of the total annual crash fatalities in the 
        State, based on the most recently reported final data 
        from the Fatality Analysis Reporting System.
          [(4) Use of grant amounts.--Grant funds received by a 
        State under this subsection may be used for--
                  [(A) training of law enforcement officials on 
                State laws applicable to pedestrian and bicycle 
                safety;
                  [(B) enforcement mobilizations and campaigns 
                designed to enforce State traffic laws 
                applicable to pedestrian and bicycle safety; 
                and
                  [(C) public education and awareness programs 
                designed to inform motorists, pedestrians, and 
                bicyclists of State traffic laws applicable to 
                pedestrian and bicycle safety.]
          (4) Use of grant amounts.--Grant funds received by a 
        State under this subsection may be used for the safety 
        of pedestrians and bicyclists, including--
                  (A) training of law enforcement officials on 
                pedestrian and bicycle safety, State laws 
                applicable to pedestrian and bicycle safety, 
                and infrastructure designed to improve 
                pedestrian and bicycle safety;
                  (B) carrying out a program to support 
                enforcement mobilizations and campaigns 
                designed to enforce State traffic laws 
                applicable to pedestrian and bicycle safety;
                  (C) public education and awareness programs 
                designed to inform motorists, pedestrians, and 
                bicyclists about--
                          (i) pedestrian and bicycle safety, 
                        including information on nonmotorized 
                        mobility and the important of speed 
                        management to the safety of pedestrians 
                        and bicyclists;
                          (ii) the value of the use of 
                        pedestrian and bicycle safety 
                        equipment, including lighting, 
                        conspicuity equipment, mirrors, helmets 
                        and other protective equipment, and 
                        compliance with any State or local laws 
                        requiring their use;
                          (iii) State traffic laws applicable 
                        to pedestrian and bicycle safety, 
                        including motorists' responsibilities 
                        towards pedestrians and bicyclists; and
                          (iv) infrastructure designed to 
                        improve pedestrian and bicycle safety; 
                        and
                  (D) data analysis and research concerning 
                pedestrian and bicycle safety.
          (5) 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.
  (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).

           *       *       *       *       *       *       *


             CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec.
501. Definitions.
     * * * * * * *
520. Every Day Counts initiative.

           *       *       *       *       *       *       *


Sec. 502. Surface transportation research, development, and technology

  (a) Basic Principles Governing Research and Technology 
Investments.--
          (1) Applicability.--The research, development, and 
        technology provisions of this section shall apply 
        throughout this chapter.
          (2) Coverage.--Surface transportation research and 
        technology development shall include all activities 
        within the innovation lifecycle leading to technology 
        development and transfer, as well as the introduction 
        of new and innovative ideas, practices, and approaches, 
        through such mechanisms as field applications, 
        education and training, communications, impact 
        analysis, and technical support.
          (3) Federal responsibility.--Funding and conducting 
        surface transportation research and technology transfer 
        activities shall be considered a basic responsibility 
        of the Federal Government when the work--
                  (A) is of national significance;
                  (B) delivers a clear public benefit and 
                occurs where private sector investment is less 
                than optimal;
                  (C) supports a Federal stewardship role in 
                assuring that State and local governments use 
                national resources efficiently;
                  (D) meets and addresses current or emerging 
                needs;
                  (E) addresses current gaps in research;
                  (F) presents the best means to align 
                resources with multiyear plans and priorities;
                  (G) ensures the coordination of highway 
                research and technology transfer activities, 
                including through activities performed by 
                university transportation centers;
                  (H) educates transportation professionals; or
                  (I) presents the best means to support 
                Federal policy goals compared to other policy 
                alternatives.
          (4) Role.--Consistent with these Federal 
        responsibilities, the Secretary shall--
                  (A) conduct research;
                  (B) partner with State highway agencies and 
                other stakeholders as appropriate to facilitate 
                research and technology transfer activities;
                  (C) communicate the results of ongoing and 
                completed research;
                  (D) lead efforts to coordinate national 
                emphasis areas of highway research, technology, 
                and innovation deployment;
                  (E) leverage partnerships with industry, 
                academia, international entities, and State 
                departments of transportation;
                  (F) lead efforts to reduce unnecessary 
                duplication of effort; and
                  (G) lead efforts to accelerate innovation 
                delivery.
          (5) Program content.--A surface transportation 
        research program shall include--
                  (A) fundamental, long-term highway research;
                  (B) research aimed at significant highway 
                research gaps and emerging issues with national 
                implications; and
                  (C) research related to all highway 
                objectives seeking to improve the performance 
                of the transportation system.
          (6) Stakeholder input.--Federal surface 
        transportation research and development activities 
        shall address the needs of stakeholders. Stakeholders 
        include States, metropolitan planning organizations, 
        local governments, tribal governments, the private 
        sector, researchers, research sponsors, and other 
        affected parties, including public interest groups.
          (7) Competition and peer review.--Except as otherwise 
        provided in this chapter, the Secretary shall award, to 
        the maximum extent practicable, all grants, contracts, 
        and cooperative agreements for research and development 
        under this chapter based on open competition and peer 
        review of proposals.
          (8) Performance review and evaluation.--
                  (A) In general.--To the maximum extent 
                practicable, all surface transportation 
                research and development projects shall include 
                a component of performance measurement and 
                evaluation.
                  (B) Performance measures.--Performance 
                measures shall be established during the 
                proposal stage of a research and development 
                project and shall, to the maximum extent 
                possible, be outcome-based.
                  (C) Program plan.--To the maximum extent 
                practicable, each program pursued under this 
                chapter shall be part of a data-driven, 
                outcome-oriented program plan.
                  (D) Availability of evaluations.--All 
                evaluations under this paragraph shall be made 
                readily available to the public.
          (9) Technological innovation.--The programs and 
        activities carried out under this section shall be 
        consistent with the transportation research and 
        development strategic plan under section 6503 of title 
        49.
  (b) General Authority.--
          (1) Research, development, and technology transfer 
        activities.--The Secretary may carry out research, 
        development, and technology transfer activities with 
        respect to--
                  (A) motor carrier transportation;
                  (B) all phases of transportation planning and 
                development (including construction, operation, 
                transportation system management and 
                operations, modernization, development, design, 
                maintenance, safety, financing, and traffic 
                conditions); and
                  (C) the effect of State laws on the 
                activities described in subparagraphs (A) and 
                (B).
          (2) Tests and development.--The Secretary may test, 
        develop, or assist in testing and developing any 
        material, invention, patented article, or process.
          (3) Cooperation, grants, and contracts.--The 
        Secretary may carry out research, development, and 
        technology transfer activities related to 
        transportation--
                  (A) independently;
                  (B) in cooperation with other Federal 
                departments, agencies, and instrumentalities 
                and Federal laboratories; or
                  (C) by making grants to, or entering into 
                contracts and cooperative agreements with one 
                or more of the following: the National Academy 
                of Sciences, the American Association of State 
                Highway and Transportation Officials, entities 
                that represent the needs of metropolitan 
                planning organizations, any Federal laboratory, 
                Federal agency, State agency, authority, 
                association, institution, for-profit or 
                nonprofit corporation, organization, foreign 
                country, or any other person.
          (4) Technological innovation.--The programs and 
        activities carried out under this section shall be 
        consistent with the transportation research and 
        development strategic plan under section 6503 of title 
        49.
          (5) Funds.--
                  (A) Special account.--In addition to other 
                funds made available to carry out this chapter, 
                the Secretary shall use such funds as may be 
                deposited by any cooperating organization or 
                person in a special account of the Treasury 
                established for this purpose.
                  (B) Use of funds.--The Secretary shall use 
                funds made available to carry out this chapter 
                to develop, administer, communicate, and 
                promote the use of products of research, 
                development, and technology transfer programs 
                under this chapter.
          (6) Pooled funding.--
                  (A) Cooperation.--To promote effective 
                utilization of available resources, the 
                Secretary may cooperate with a State and an 
                appropriate agency in funding research, 
                development, and technology transfer activities 
                of mutual interest on a pooled funds basis.
                  (B) Secretary as agent.--The Secretary may 
                enter into contracts, cooperative agreements, 
                and grants as the agent for all participating 
                parties in carrying out such research, 
                development, or technology transfer activities.
                  (C) Transfer of amounts among states or to 
                federal highway administration.--The Secretary 
                may, at the request of a State, transfer 
                amounts apportioned or allocated to that State 
                under this chapter to another State or the 
                Federal Highway Administration to fund 
                research, development, and technology transfer 
                activities of mutual interest on a pooled funds 
                basis.
                  (D) Transfer of obligation authority.--
                Obligation authority for amounts transferred 
                under this subsection shall be disbursed in the 
                same manner and for the same amount as provided 
                for the project being transferred.
          (7) Prize competitions.--
                  (A) In general.--The Secretary may use up to 
                1 percent of the funds made available under 
                section 51001 of the Transportation Research 
                and Innovative Technology Act of 2012 to carry 
                out a program to competitively award cash 
                prizes to stimulate innovation in basic and 
                applied research and technology development 
                that has the potential for application to the 
                national transportation system.
                  (B) Topics.--In selecting topics for prize 
                competitions under this paragraph, the 
                Secretary shall--
                          (i) consult with a wide variety of 
                        governmental and nongovernmental 
                        representatives; and
                          (ii) give consideration to prize 
                        goals that demonstrate innovative 
                        approaches and strategies to improve 
                        the safety, efficiency, and 
                        sustainability of the national 
                        transportation system.
                  (C) Advertising.--The Secretary shall 
                encourage participation in the prize 
                competitions through advertising efforts.
                  (D) Requirements and registration.--For each 
                prize competition, the Secretary shall publish 
                a notice on a public website that describes--
                          (i) the subject of the competition;
                          (ii) the eligibility rules for 
                        participation in the competition;
                          (iii) the amount of the prize; and
                          (iv) the basis on which a winner will 
                        be selected.
                  (E) Eligibility.--An individual or entity may 
                not receive a prize under this paragraph unless 
                the individual or entity--
                          (i) has registered to participate in 
                        the competition pursuant to any rules 
                        promulgated by the Secretary under this 
                        section;
                          (ii) has complied with all 
                        requirements under this paragraph;
                          (iii)(I) in the case of a private 
                        entity, is incorporated in, and 
                        maintains a primary place of business 
                        in, the United States; or
                          (II) in the case of an individual, 
                        whether participating singly or in a 
                        group, is a citizen or permanent 
                        resident of the United States;
                          (iv) is not a Federal entity or 
                        Federal employee acting within the 
                        scope of his or her employment; and
                          (v) has not received a grant to 
                        perform research on the same issue for 
                        which the prize is awarded.
                  (F) Liability.--
                          (i) Assumption of risk.--
                                  (I) In general.--A registered 
                                participant shall agree to 
                                assume any and all risks and 
                                waive claims against the 
                                Federal Government and its 
                                related entities, except in the 
                                case of willful misconduct, for 
                                any injury, death, damage, or 
                                loss of property, revenue, or 
                                profits, whether direct, 
                                indirect, or consequential, 
                                arising from participation in a 
                                competition, whether such 
                                injury, death, damage, or loss 
                                arises through negligence or 
                                otherwise.
                                  (II) Related entity.--In this 
                                subparagraph, the term 
                                ``related entity'' means a 
                                contractor, subcontractor (at 
                                any tier), supplier, user, 
                                customer, cooperating party, 
                                grantee, investigator, or 
                                detailee.
                          (ii) Financial responsibility.--A 
                        participant shall obtain liability 
                        insurance or demonstrate financial 
                        responsibility, in amounts determined 
                        by the Secretary, for claims by--
                                  (I) a third party for death, 
                                bodily injury, or property 
                                damage, or loss resulting from 
                                an activity carried out in 
                                connection with participation 
                                in a competition, with the 
                                Federal Government named as an 
                                additional insured under the 
                                registered participant's 
                                insurance policy and registered 
                                participants agreeing to 
                                indemnify the Federal 
                                Government against third party 
                                claims for damages arising from 
                                or related to competition 
                                activities; and
                                  (II) the Federal Government 
                                for damage or loss to 
                                Government property resulting 
                                from such an activity.
                  (G) Judges.--
                          (i) Selection.--Subject to clause 
                        (iii), for each prize competition, the 
                        Secretary, either directly or through 
                        an agreement under subparagraph (H), 
                        may appoint 1 or more qualified judges 
                        to select the winner or winners of the 
                        prize competition on the basis of the 
                        criteria described in subparagraph (D).
                          (ii) Selection.--Judges for each 
                        competition shall include individuals 
                        from outside the Federal Government, 
                        including the private sector.
                          (iii) Limitations.--A judge selected 
                        under this subparagraph may not--
                                  (I) have personal or 
                                financial interests in, or be 
                                an employee, officer, director, 
                                or agent of, any entity that is 
                                a registered participant in a 
                                prize competition under this 
                                paragraph; or
                                  (II) have a familial or 
                                financial relationship with an 
                                individual who is a registered 
                                participant.
                  (H) Administering the competition.--The 
                Secretary may enter into an agreement with a 
                private, nonprofit entity to administer the 
                prize competition, subject to the provisions of 
                this paragraph.
                  (I) Funding.--
                          (i) In general.--
                                  (I) Private sector funding.--
                                A cash prize under this 
                                paragraph may consist of funds 
                                appropriated by the Federal 
                                Government and funds provided 
                                by the private sector.
                                  (II) Government funding.--The 
                                Secretary may accept funds from 
                                other Federal agencies, State 
                                and local governments, and 
                                metropolitan planning 
                                organizations for a cash prize 
                                under this paragraph.
                                  (III) No special 
                                consideration.--The Secretary 
                                may not give any special 
                                consideration to any private 
                                sector entity in return for a 
                                donation under this 
                                subparagraph.
                          (ii) Availability of funds.--
                        Notwithstanding any other provision of 
                        law, amounts appropriated for prize 
                        awards under this paragraph--
                                  (I) shall remain available 
                                until expended; and
                                  (II) may not be transferred, 
                                reprogrammed, or expended for 
                                other purposes until after the 
                                expiration of the 10-year 
                                period beginning on the last 
                                day of the fiscal year for 
                                which the funds were originally 
                                appropriated.
                          (iii) Savings provision.--Nothing in 
                        this subparagraph may be construed to 
                        permit the obligation or payment of 
                        funds in violation of the Anti-
                        Deficiency Act (31 U.S.C. 1341).
                          (iv) Prize announcement.--A prize may 
                        not be announced under this paragraph 
                        until all the funds needed to pay out 
                        the announced amount of the prize have 
                        been appropriated by a governmental 
                        source or committed to in writing by a 
                        private source.
                          (v) Prize increases.--The Secretary 
                        may increase the amount of a prize 
                        after the initial announcement of the 
                        prize under this paragraph if--
                                  (I) notice of the increase is 
                                provided in the same manner as 
                                the initial notice of the 
                                prize; and
                                  (II) the funds needed to pay 
                                out the announced amount of the 
                                increase have been appropriated 
                                by a governmental source or 
                                committed to in writing by a 
                                private source.
                          (vi) Congressional notification.--A 
                        prize competition under this paragraph 
                        may offer a prize in an amount greater 
                        than $1,000,000 only after 30 days have 
                        elapsed after written notice has been 
                        transmitted to the Committee on 
                        Commerce, Science, and Transportation 
                        of the Senate and the Committees on 
                        Transportation and Infrastructure and 
                        Science, Space, and Technology of the 
                        House of Representatives.
                          (vii) Award limit.--A prize 
                        competition under this section may not 
                        result in the award of more than 
                        $25,000 in cash prizes without the 
                        approval of the Secretary.
                  (J) Compliance with existing law.--The 
                Federal Government shall not, by virtue of 
                offering or providing a prize under this 
                paragraph, be responsible for compliance by 
                registered participants in a prize competition 
                with Federal law, including licensing, export 
                control, and non-proliferation laws, and 
                related regulations.
                  (K) Notice and annual report.--
                          (i) In general.--Not later than 30 
                        days prior to carrying out an activity 
                        under subparagraph (A), the Secretary 
                        shall notify 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 of the 
                        intent to use such authority.
                          (ii) Reports.--
                                  (I) In general.--The 
                                Secretary shall submit to the 
                                committees described in clause 
                                (i) on an annual basis a report 
                                on the activities carried out 
                                under subparagraph (A) in the 
                                preceding fiscal year if the 
                                Secretary exercised the 
                                authority under subparagraph 
                                (A) in that fiscal year.
                                  (II) Information included.--A 
                                report under this subparagraph 
                                shall include, for each prize 
                                competition under subparagraph 
                                (A)--
                                          (aa) a description of 
                                        the proposed goals of 
                                        the prize competition;
                                          (bb) an analysis of 
                                        why the use of the 
                                        authority under 
                                        subparagraph (A) was 
                                        the preferable method 
                                        of achieving the goals 
                                        described in item (aa) 
                                        as opposed to other 
                                        authorities available 
                                        to the Secretary, such 
                                        as contracts, grants, 
                                        and cooperative 
                                        agreements;
                                          (cc) the total amount 
                                        of cash prizes awarded 
                                        for each prize 
                                        competition, including 
                                        a description of the 
                                        amount of private funds 
                                        contributed to the 
                                        program, the source of 
                                        such funds, and the 
                                        manner in which the 
                                        amounts of cash prizes 
                                        awarded and claimed 
                                        were allocated among 
                                        the accounts of the 
                                        Department for 
                                        recording as 
                                        obligations and 
                                        expenditures;
                                          (dd) the methods used 
                                        for the solicitation 
                                        and evaluation of 
                                        submissions under each 
                                        prize competition, 
                                        together with an 
                                        assessment of the 
                                        effectiveness of such 
                                        methods and lessons 
                                        learned for future 
                                        prize competitions;
                                          (ee) a description of 
                                        the resources, 
                                        including personnel and 
                                        funding, used in the 
                                        execution of each prize 
                                        competition together 
                                        with a detailed 
                                        description of the 
                                        activities for which 
                                        such resources were 
                                        used and an accounting 
                                        of how funding for 
                                        execution was allocated 
                                        among the accounts of 
                                        the agency for 
                                        recording as 
                                        obligations and 
                                        expenditures; and
                                          (ff) a description of 
                                        how each prize 
                                        competition advanced 
                                        the mission of the 
                                        Department.
  (c) Collaborative Research and Development.--
          (1) In general.--To encourage innovative solutions to 
        surface transportation problems and stimulate the 
        deployment of new technology, the Secretary may carry 
        out, on a cost-shared basis, collaborative research and 
        development with--
                  (A) non-Federal entities, including State and 
                local governments, foreign governments, 
                colleges and universities, corporations, 
                institutions, partnerships, sole 
                proprietorships, and trade associations that 
                are incorporated or established under the laws 
                of any State; and
                  (B) Federal laboratories.
          (2) Cooperation, grants, contracts, and agreements.--
        Notwithstanding any other provision of law, the 
        Secretary may directly initiate contracts, cooperative 
        research and development agreements (as defined in 
        section 12 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3710a)) to fund, and 
        accept funds from, the Transportation Research Board of 
        the National Research Council of the National Academy 
        of Sciences, State departments of transportation, 
        cities, counties, and their agents to conduct joint 
        transportation research and technology efforts.
          (3) Federal share.--
                  (A) In general.--The Federal share of the 
                cost of activities carried out under a 
                cooperative research and development agreement 
                entered into under this chapter shall not 
                exceed 80 percent, except that if there is 
                substantial public interest or benefit, the 
                Secretary may approve a greater Federal share.
                  (B) Non-federal share.--All costs directly 
                incurred by the non-Federal partners, including 
                personnel, travel, and hardware development 
                costs, shall be credited toward the non-Federal 
                share of the cost of the activities described 
                in subparagraph (A).
          (4) Use of technology.--The research, development, or 
        use of a technology under a cooperative research and 
        development agreement entered into under this chapter, 
        including the terms under which the technology may be 
        licensed and the resulting royalties may be 
        distributed, shall be subject to the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3701 et 
        seq.).
          (5) Waiver of advertising requirements.--Section 
        6101(b) to (d) of title 41 shall not apply to a 
        contract or agreement entered into under this chapter.

Sec. 503. Research and technology development and deployment

  (a) In General.--The Secretary shall--
          (1) carry out research, development, and deployment 
        activities that encompass the entire innovation 
        lifecycle; and
          (2) ensure that all research carried out under this 
        section aligns with the transportation research and 
        development strategic plan of the Secretary under 
        [section 508] section 6503 of title 49.
  (b) Highway Research and Development Program.--
          (1) Objectives.--In carrying out the highway research 
        and development program, the Secretary, to address 
        current and emerging highway transportation needs, 
        shall--
                  (A) identify research topics;
                  (B) coordinate research and development 
                activities;
                  (C) carry out research, testing, and 
                evaluation activities; and
                  (D) provide technology transfer and technical 
                assistance.
          (2) Improving highway safety.--
                  (A) In general.--The Secretary shall carry 
                out research and development activities from an 
                integrated perspective to establish and 
                implement systematic measures to improve 
                highway safety.
                  (B) Objectives.--In carrying out this 
                paragraph, the Secretary shall carry out 
                research and development activities--
                          (i) to achieve greater long-term 
                        safety gains;
                          (ii) to reduce the number of 
                        fatalities and serious injuries on 
                        public roads;
                          (iii) to fill knowledge gaps that 
                        limit the effectiveness of research;
                          (iv) to support the development and 
                        implementation of State strategic 
                        highway safety plans;
                          (v) to advance improvements in, and 
                        use of, performance prediction analysis 
                        for decisionmaking; and
                          (vi) to expand technology transfer to 
                        partners and stakeholders.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) safety assessments and 
                        decisionmaking tools;
                          (ii) data collection and analysis;
                          (iii) crash reduction projections;
                          (iv) low-cost safety countermeasures;
                          (v) innovative operational 
                        improvements and designs of roadway and 
                        roadside features;
                          (vi) evaluation of countermeasure 
                        costs and benefits;
                          (vii) development of tools for 
                        projecting impacts of safety 
                        countermeasures;
                          (viii) rural road safety measures;
                          (ix) safety measures for vulnerable 
                        road users, including bicyclists and 
                        pedestrians;
                          (x) safety policy studies;
                          (xi) human factors studies and 
                        measures;
                          (xii) safety technology deployment;
                          (xiii) safety workforce professional 
                        capacity building initiatives;
                          (xiv) safety program and process 
                        improvements; and
                          (xv) tools and methods to enhance 
                        safety performance, including 
                        achievement of statewide safety 
                        performance targets.
          (3) Improving infrastructure integrity.--
                  (A) In general.--The Secretary shall carry 
                out and facilitate highway and bridge 
                infrastructure research and development 
                activities--
                          (i) to maintain infrastructure 
                        integrity;
                          (ii) to meet user needs[; and];
                          (iii) to link Federal transportation 
                        investments to improvements in system 
                        performance[.]; and
                          (iv) to reduce greenhouse gas 
                        emissions and limit the effects of 
                        climate change.
                  (B) Objectives.--In carrying out this 
                paragraph, the Secretary shall carry out 
                research and development activities--
                          (i) to reduce the number of 
                        fatalities attributable to 
                        infrastructure design characteristics 
                        and work zones;
                          (ii) to improve the safety and 
                        security of highway infrastructure;
                          (iii) to increase the reliability of 
                        lifecycle performance predictions used 
                        in infrastructure design, construction, 
                        and management;
                          (iv) to improve the ability of 
                        transportation agencies to deliver 
                        projects that meet expectations for 
                        timeliness, quality, and cost;
                          (v) to reduce user delay attributable 
                        to infrastructure system performance, 
                        maintenance, rehabilitation, and 
                        construction;
                          (vi) to improve highway condition and 
                        performance through increased use of 
                        design, materials, construction, and 
                        maintenance innovations;
                          (vii) to reduce the environmental 
                        impacts of highway infrastructure 
                        through innovations in design, 
                        construction, operation, preservation, 
                        and maintenance; and
                          (viii) to study vulnerabilities of 
                        the transportation system to seismic 
                        activities and extreme events and 
                        methods to reduce those 
                        vulnerabilities.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) long-term infrastructure 
                        performance programs addressing 
                        pavements, bridges, tunnels, and other 
                        structures;
                          (ii) short-term and accelerated 
                        studies of infrastructure performance;
                          (iii) research to develop more 
                        durable infrastructure materials and 
                        systems;
                          (iv) advanced infrastructure design 
                        methods;
                          (v) accelerated highway and bridge 
                        construction;
                          (vi) performance-based 
                        specifications;
                          (vii) construction and materials 
                        quality assurance;
                          (viii) comprehensive and integrated 
                        infrastructure asset management;
                          (ix) infrastructure safety assurance;
                          (x) sustainable infrastructure design 
                        and construction;
                          (xi) infrastructure rehabilitation 
                        and preservation techniques, including 
                        techniques to rehabilitate and preserve 
                        historic infrastructure;
                          (xii) hydraulic, geotechnical, and 
                        aerodynamic aspects of infrastructure;
                          (xiii) improved highway construction 
                        technologies and practices;
                          (xiv) improved tools, technologies, 
                        and models for infrastructure 
                        management, including assessment and 
                        monitoring of infrastructure condition;
                          (xv) studies to improve flexibility 
                        and resiliency of infrastructure 
                        systems to withstand climate 
                        variability;
                          (xvi) studies on the effectiveness of 
                        fiber-based additives to improve the 
                        durability of surface transportation 
                        materials in various geographic 
                        regions;
                          (xvii) studies of infrastructure 
                        resilience and other adaptation 
                        measures;
                          (xviii) maintenance of seismic 
                        research activities, including research 
                        carried out in conjunction with other 
                        Federal agencies to study the 
                        vulnerability of the transportation 
                        system to seismic activity and methods 
                        to reduce that vulnerability; and
                          (xix) technology transfer and 
                        adoption of permeable, pervious, or 
                        porous paving materials, practices, and 
                        systems that are designed to minimize 
                        environmental impacts, stormwater 
                        runoff, and flooding and to treat or 
                        remove pollutants by allowing 
                        stormwater to infiltrate through the 
                        pavement in a manner similar to 
                        predevelopment hydrologic conditions.
                  [(D) Lifecycle costs analysis study.--
                          [(i) In general.--In this 
                        subparagraph, the term ``lifecycle 
                        costs analysis'' means a process for 
                        evaluating the total economic worth of 
                        a usable project segment by analyzing 
                        initial costs and discounted future 
                        costs, such as maintenance, user, 
                        reconstruction, rehabilitation, 
                        restoring, and resurfacing costs, over 
                        the life of the project segment.
                          [(ii) Study.--The Comptroller General 
                        shall conduct a study of the best 
                        practices for calculating lifecycle 
                        costs and benefits for federally funded 
                        highway projects, which shall include, 
                        at a minimum, a thorough literature 
                        review and a survey of current 
                        lifecycle cost practices of State 
                        departments of transportation.
                          [(iii) Consultation.--In carrying out 
                        the study, the Comptroller shall 
                        consult with, at a minimum--
                                  [(I) the American Association 
                                of State Highway and 
                                Transportation Officials;
                                  [(II) appropriate experts in 
                                the field of lifecycle cost 
                                analysis; and
                                  [(III) appropriate industry 
                                experts and research centers.
                  [(E) Report.--Not later than 1 year after the 
                date of enactment of the Transportation 
                Research and Innovative Technology Act of 2012, 
                the Comptroller General shall submit to the 
                Committee on Environment and Public Works of 
                the Senate and the Committees on Transportation 
                and Infrastructure and Science, Space, and 
                Technology of the House of Representatives a 
                report on the results of the study which shall 
                include--
                          [(i) a summary of the latest research 
                        on lifecycle cost analysis; and
                          [(ii) recommendations on the 
                        appropriate--
                                  [(I) period of analysis;
                                  [(II) design period;
                                  [(III) discount rates; and
                                  [(IV) use of actual material 
                                life and maintenance cost 
                                data.]
          (4) Strengthening transportation planning and 
        environmental decisionmaking.--
                  (A) In general.--The Secretary may carry out 
                research--
                          (i) to minimize the cost of 
                        transportation planning and 
                        environmental decisionmaking processes;
                          (ii) to improve transportation 
                        planning and environmental 
                        decisionmaking processes[; and];
                          (iii) to minimize the potential 
                        impact of surface transportation on the 
                        environment[.]; and
                          (iv) to reduce greenhouse gas 
                        emissions and limit the effects of 
                        climate change.
                  (B) Objectives.--In carrying out this 
                paragraph the Secretary may carry out research 
                and development activities--
                          (i) to minimize the cost of highway 
                        infrastructure and operations;
                          (ii) to reduce the potential impact 
                        of highway infrastructure and 
                        operations on the environment;
                          (iii) to advance improvements in 
                        environmental analyses and processes 
                        and context sensitive solutions for 
                        transportation decisionmaking;
                          (iv) to improve construction 
                        techniques;
                          (v) to accelerate construction to 
                        reduce congestion and related 
                        emissions;
                          (vi) to reduce the impact of highway 
                        runoff on the environment;
                          (vii) to improve understanding and 
                        modeling of the factors that contribute 
                        to the demand for transportation; and
                          (viii) to improve transportation 
                        planning decisionmaking and 
                        coordination.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) creation of models and tools for 
                        evaluating transportation measures and 
                        transportation system designs, 
                        including the costs and benefits;
                          (ii) congestion reduction efforts;
                          (iii) transportation and economic 
                        development planning in rural areas and 
                        small communities;
                          (iv) improvement of State, local, and 
                        tribal government capabilities relating 
                        to surface transportation planning and 
                        the environment[; and];
                          (v) streamlining of project delivery 
                        processes[.]; and
                          (vi) establishing best practices and 
                        creating models and tools to support 
                        metropolitan and statewide planning 
                        practices to meet the considerations 
                        described in sections 134(i)(2)(I) and 
                        135(f)(10) of this title, including--
                                  (I) strategies to address 
                                climate change mitigation and 
                                impacts described in sections 
                                134(i)(2)(I)(ii) and 
                                135(f)(10)(B) of this title and 
                                the incorporation of such 
                                strategies into long range 
                                transportation planning;
                                  (II) preparation of a 
                                vulnerability assessment 
                                described in sections 
                                134(i)(2)(I)(iii) and 
                                135(f)(10)(C) of this title; 
                                and
                                  (III) integration of these 
                                practices with the planning 
                                practices described in sections 
                                5303(i)(2)(I) and 5304(f)(10) 
                                of title 49.
          (5) Reducing congestion, improving highway 
        operations, and enhancing freight productivity.--
                  (A) In general.--The Secretary shall carry 
                out research under this paragraph with the 
                goals of--
                          (i) addressing congestion problems;
                          (ii) reducing the costs of 
                        congestion;
                          (iii) improving freight movement;
                          (iv) increasing productivity[; and];
                          (v) improving the economic 
                        competitiveness of the United 
                        States[.]; and
                          (vi) reducing greenhouse gas 
                        emissions and limiting the effects of 
                        climate change.
                  (B) Objectives.--In carrying out this 
                paragraph, the Secretary shall carry out 
                research and development activities to 
                identify, develop, and assess innovations that 
                have the potential--
                          (i) to reduce traffic congestion;
                          (ii) to improve freight movement; and
                          (iii) to reduce freight-related 
                        congestion throughout the 
                        transportation network.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) active traffic and demand 
                        management;
                          (ii) acceleration of the 
                        implementation of Intelligent 
                        Transportation Systems technology;
                          (iii) advanced transportation 
                        concepts and analysis;
                          (iv) arterial management and traffic 
                        signal operation;
                          (v) congestion pricing;
                          (vi) corridor management;
                          (vii) emergency operations;
                          (viii) research relating to enabling 
                        technologies and applications;
                          (ix) freeway management;
                          (x) evaluation of enabling 
                        technologies;
                          (xi) impacts of vehicle size and 
                        weight on congestion;
                          (xii) freight operations and 
                        technology;
                          (xiii) operations and freight 
                        performance measurement and management;
                          (xiv) organization and planning for 
                        operations;
                          (xv) planned special events 
                        management;
                          (xvi) real-time transportation 
                        information;
                          (xvii) road weather management;
                          (xviii) traffic and freight data and 
                        analysis tools;
                          (xix) traffic control devices;
                          (xx) traffic incident management;
                          (xxi) work zone management;
                          (xxii) communication of travel, 
                        roadway, and emergency information to 
                        persons with disabilities;
                          (xxiii) research on enhanced mode 
                        choice and intermodal connectivity;
                          (xxiv) techniques for estimating and 
                        quantifying public benefits derived 
                        from freight transportation projects; 
                        and
                          (xxv) other research areas to 
                        identify and address emerging needs 
                        related to freight transportation by 
                        all modes.
          (6) Exploratory advanced research.--The Secretary 
        shall carry out research and development activities 
        relating to exploratory advanced research--
                  (A) to leverage the targeted capabilities of 
                the Turner-Fairbank Highway Research Center to 
                develop technologies and innovations of 
                national importance; and
                  (B) to develop potentially transformational 
                solutions to improve the durability, 
                efficiency, environmental impact, productivity, 
                and safety aspects of highway and intermodal 
                transportation systems.
          (7) Turner-fairbank highway research center.--
                  (A) In general.--The Secretary shall continue 
                to operate in the Federal Highway 
                Administration a Turner-Fairbank Highway 
                Research Center.
                  (B) Uses of the center.--The Turner-Fairbank 
                Highway Research Center shall support--
                          (i) the conduct of highway research 
                        and development relating to emerging 
                        highway technology;
                          (ii) the development of 
                        understandings, tools, and techniques 
                        that provide solutions to complex 
                        technical problems through the 
                        development of economical and 
                        environmentally sensitive designs, 
                        efficient and quality-controlled 
                        construction practices, and durable 
                        materials;
                          (iii) the development of innovative 
                        highway products and practices; and
                          (iv) the conduct of long-term, high-
                        risk research to improve the materials 
                        used in highway infrastructure.
          (8) Infrastructure investment needs report.--
                  (A) In general.--Not later than July 31, 
                2013, and July 31 of every second year 
                thereafter, 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 describes estimates of 
                the future highway and bridge needs of the 
                United States and the backlog of current 
                highway and bridge needs.
                  (B) Comparisons.--Each report under 
                subparagraph (A) shall include all information 
                necessary to relate and compare the conditions 
                and service measures used in the previous 
                biennial reports to conditions and service 
                measures used in the current report.
                  (C) Inclusions.--Each report under 
                subparagraph (A) shall provide recommendations 
                to Congress on changes to the highway 
                performance monitoring system that address--
                          (i) improvements to the quality and 
                        standardization of data collection on 
                        all functional classifications of 
                        Federal-aid highways for accurate 
                        system length, lane length, and 
                        vehicle-mile of travel; and
                          (ii) changes to the reporting 
                        requirements authorized under section 
                        315, to reflect recommendations under 
                        this paragraph for collection, storage, 
                        analysis, reporting, and display of 
                        data for Federal-aid highways and, to 
                        the maximum extent practical, all 
                        public roads.
          (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 2023 
                through 2026 to carry out this paragraph.
  (c) Technology and Innovation Deployment Program.--
          (1) In general.--The Secretary shall carry out a 
        technology and innovation deployment program relating 
        to all aspects of highway transportation, including 
        planning, financing, operation, structures, materials, 
        pavements, environment, construction, and the duration 
        of time between project planning and project delivery, 
        with the goals of--
                  (A) significantly accelerating the adoption 
                of innovative technologies by the surface 
                transportation community, while considering the 
                impacts on jobs;
                  (B) providing leadership and incentives to 
                demonstrate and promote state-of-the-art 
                technologies, elevated performance standards, 
                and new business practices in highway 
                construction processes that result in improved 
                safety, faster construction, reduced congestion 
                from construction, and improved quality and 
                user satisfaction;
                  (C) constructing longer-lasting highways 
                through the use of innovative technologies and 
                practices that lead to faster construction of 
                efficient and safe highways and bridges;
                  (D) improving highway efficiency, safety, 
                mobility, reliability, service life, 
                environmental protection, and sustainability[; 
                and];
                  (E) developing and deploying new tools, 
                techniques, and practices to accelerate the 
                adoption of innovation in all aspects of 
                highway transportation[.]; and
                  (F) reducing greenhouse gas emissions and 
                limiting the effects of climate change.
          (2) Implementation.--
                  (A) In general.--The Secretary shall promote, 
                facilitate, and carry out the program 
                established under paragraph (1) to distribute 
                the products, technologies, tools, methods, or 
                other findings that result from highway 
                research and development activities, including 
                research and development activities carried out 
                under this chapter[.] and findings from the 
                materials to reduce greenhouse gas emissions 
                program under subsection (d).
                  (B) Accelerated innovation deployment.--In 
                carrying out the program established under 
                paragraph (1), the Secretary shall--
                          (i) establish and carry out 
                        demonstration programs;
                          (ii) provide technical assistance, 
                        and training to researchers and 
                        developers; and
                          (iii) develop improved tools and 
                        methods to accelerate the adoption of 
                        proven innovative practices and 
                        technologies as standard practices.
                  (C) Implementation of future strategic 
                highway research program findings and 
                results.--
                          (i) In general.--The Secretary, in 
                        consultation with the American 
                        Association of State Highway and 
                        Transportation Officials and the 
                        Transportation Research Board of the 
                        National Academy of Sciences, shall 
                        promote research results and products 
                        developed under the future strategic 
                        highway research program administered 
                        by the Transportation Research Board of 
                        the National Academy of Sciences.
                          (ii) Basis for findings.--The 
                        activities carried out under this 
                        subparagraph shall be based on the 
                        report submitted to Congress by the 
                        Transportation Research Board of the 
                        National Academy of Sciences under 
                        section 510(e).
                          (iii) Personnel.--The Secretary may 
                        use funds made available to carry out 
                        this subsection for administrative 
                        costs under this subparagraph.
          (3) Accelerated implementation and deployment of 
        pavement technologies.--
                  (A) In general.--The Secretary shall 
                establish and implement a program under the 
                technology and innovation deployment program to 
                promote, implement, deploy, demonstrate, 
                showcase, support, and document the application 
                of innovative pavement technologies, practices, 
                performance, and benefits.
                  (B) Goals.--The goals of the accelerated 
                implementation and deployment of pavement 
                technologies program shall include--
                          (i) the deployment of new, cost-
                        effective designs, materials, recycled 
                        materials, and practices to extend the 
                        pavement life and performance and to 
                        improve user satisfaction;
                          (ii) the reduction of initial costs 
                        and lifecycle costs of pavements, 
                        including the costs of new 
                        construction, replacement, maintenance, 
                        and rehabilitation;
                          (iii) the deployment of accelerated 
                        construction techniques to increase 
                        safety and reduce construction time and 
                        traffic disruption and congestion;
                          (iv) the deployment of engineering 
                        design criteria and specifications for 
                        new and efficient practices, products, 
                        and materials for use in highway 
                        pavements;
                          (v) the deployment of new 
                        nondestructive and real-time pavement 
                        evaluation technologies and 
                        construction techniques[; and];
                          (vi) effective technology transfer 
                        and information dissemination to 
                        accelerate implementation of new 
                        technologies and to improve life, 
                        performance, cost effectiveness, 
                        safety, and user satisfaction[.]; and
                          (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).
                  (C) Funding.--The Secretary shall obligate 
                for each of [fiscal years 2016 through 2020] 
                fiscal years 2023 through 2026 from funds made 
                available to carry out this subsection 
                $12,000,000 to accelerate the deployment and 
                implementation of pavement technology.
                  (D) Publication.--
                          (i) In general.--Not less frequently 
                        than annually, the Secretary shall 
                        issue and make available to the public 
                        on an Internet website a report on the 
                        cost and benefits from deployment of 
                        new technology and innovations that 
                        substantially and directly resulted 
                        from the program established under this 
                        paragraph.
                          (ii) Inclusions.--The report under 
                        clause (i) may include an analysis of--
                                  (I) Federal, State, and local 
                                cost savings;
                                  (II) project delivery time 
                                improvements;
                                  (III) reduced fatalities[; 
                                and];
                                  (IV) congestion impacts[.];
                                  (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).
          (4) Advanced transportation technologies 
        deployment.--
                  (A) In general.--[Not later than 6 months 
                after the date of enactment of this paragraph, 
                the] The Secretary shall [establish an advanced 
                transportation and congestion management 
                technologies deployment] establish a mobility 
                through advanced technologies initiative to 
                provide grants to eligible entities to develop 
                model deployment sites for large scale 
                installation and operation of advanced 
                transportation technologies to improve safety, 
                mobility, efficiency, system performance, 
                environmental impacts, and infrastructure 
                return on investment.
                  (B) Criteria.--The Secretary shall develop 
                criteria for selection of an eligible entity to 
                receive a grant under this paragraph, including 
                how the deployment of technology will--
                          [(i) reduce costs and improve return 
                        on investments, including through the 
                        enhanced use of existing transportation 
                        capacity;]
                          (i) reduce costs, improve return on 
                        investments, and improve person 
                        throughput and mobility, including 
                        through the optimization of existing 
                        transportation capacity;
                          (ii) deliver environmental benefits 
                        that alleviate congestion and 
                        streamline traffic flow;
                          (iii) measure and improve the 
                        operational performance of the 
                        applicable transportation network;
                          (iv) reduce the number and severity 
                        of traffic crashes and increase driver, 
                        passenger, and bicyclist, and 
                        pedestrian safety;
                          (v) collect, disseminate, and use 
                        real-time traffic, transit, parking, 
                        and other transportation-related 
                        information to improve mobility, reduce 
                        congestion, and provide for more 
                        efficient and accessible 
                        transportation;
                          (vi) monitor transportation assets to 
                        improve infrastructure management, 
                        reduce maintenance costs, prioritize 
                        investment decisions, and ensure a 
                        state of good repair;
                          (vii) deliver economic benefits by 
                        reducing delays, improving system 
                        performance, increasing job 
                        opportunities, and providing for the 
                        efficient and reliable movement of 
                        goods and services[; or];
                          (viii) [accelerate the deployment] 
                        prepare for the safe deployment of 
                        vehicle-to-vehicle, vehicle-to-
                        infrastructure, autonomous vehicles, 
                        and other technologies[.]; or
                          (ix) reduce greenhouse gas emissions 
                        and limit the effects of climate 
                        change.
                  (C) Applications.--
                          (i) Request.--Not later than 6 months 
                        after the date of enactment of this 
                        paragraph, and for every fiscal year 
                        thereafter, the Secretary shall request 
                        applications in accordance with clause 
                        (ii).
                          (ii) Contents.--An application 
                        submitted under this subparagraph shall 
                        include the following:
                                  (I) Plan.--A plan to deploy 
                                and provide for the long-term 
                                operation and maintenance of 
                                advanced transportation and 
                                congestion management 
                                technologies to improve safety, 
                                efficiency, system performance, 
                                and return on investment.
                                  (II) Objectives.--
                                Quantifiable system performance 
                                improvements, such as--
                                          (aa) reducing 
                                        traffic-related 
                                        crashes, [congestion] 
                                        congestion and delays, 
                                        greenhouse gas 
                                        emissions, and costs;
                                          (bb) optimizing 
                                        system efficiency; and
                                          (cc) improving access 
                                        to transportation 
                                        services.
                                  (III) Results.--Quantifiable 
                                safety, mobility, economic, and 
                                environmental benefit 
                                projections such as data-driven 
                                estimates of how the project 
                                will improve the region's 
                                transportation system 
                                efficiency and reduce traffic 
                                congestion.
                                  (IV) Partnerships.--A plan 
                                for partnering with the private 
                                sector or public agencies, 
                                including multimodal and 
                                multijurisdictional entities, 
                                research institutions, 
                                organizations representing 
                                transportation and technology 
                                leaders, organizations 
                                representing the surface 
                                transportation workforce, or 
                                other transportation 
                                stakeholders.
                                  (V) Leveraging.--A plan to 
                                leverage and optimize existing 
                                local and regional advanced 
                                transportation technology 
                                investments.
                          (iii) Considerations.--An application 
                        submitted under this paragraph may 
                        include a description of how the 
                        proposed project would support the 
                        national goals described in section 
                        150(b), the achievement of metropolitan 
                        and statewide targets established under 
                        section 150(d), or the improvement of 
                        transportation system access consistent 
                        with section 150(f), including 
                        through--
                                  (I) the congestion and on-
                                road mobile-source emissions 
                                performance measures 
                                established under section 
                                150(c)(5); or
                                  (II) the greenhouse gas 
                                emissions performance measures 
                                established under section 
                                150(c)(7).
                  (D) Grant selection.--
                          (i) Grant awards.--Not later than 1 
                        year after the date of enactment of 
                        this paragraph, and for every fiscal 
                        year thereafter, the Secretary shall 
                        award grants to not less than 5 and not 
                        more than 10 eligible entities.
                          (ii) Geographic diversity.--In 
                        awarding a grant under this paragraph, 
                        the Secretary shall ensure, to the 
                        extent practicable, that grant 
                        recipients represent diverse geographic 
                        areas of the United States, including 
                        urban and rural areas.
                          (iii) Technology diversity.--In 
                        awarding a grant under this paragraph, 
                        the Secretary shall ensure, to the 
                        extent practicable, that grant 
                        recipients represent diverse technology 
                        solutions.
                          (iv) Prioritization.--In awarding a 
                        grant under this paragraph, the 
                        Secretary shall prioritize projects 
                        that, in accordance with the criteria 
                        described in subparagraph (B)--
                                  (I) improve person throughput 
                                and mobility, including through 
                                the optimization of existing 
                                transportation capacity;
                                  (II) deliver environmental 
                                benefits;
                                  (III) reduce the number and 
                                severity of traffic crashes and 
                                increase driver, passenger, 
                                bicyclist, and pedestrian 
                                safety; or
                                  (IV) reduce greenhouse gas 
                                emissions and limit the effects 
                                of climate change.
                          (v) Grant distribution.--In each 
                        fiscal year, the Secretary shall award 
                        not fewer than 3 grants under this 
                        paragraph based on the potential of the 
                        project to reduce the number and 
                        severity of traffic crashes and 
                        increase, driver, passenger, bicyclist, 
                        and pedestrian safety.
                          (vi) Workforce partnerships.--In 
                        awarding a grant under this paragraph, 
                        the Secretary shall consider, to the 
                        extent practicable, any demonstrated 
                        partnership of the applicant with 
                        representatives of the surface 
                        transportation workforce.
                  (E) Use of grant funds.--A grant recipient 
                may use funds awarded under this paragraph to 
                deploy advanced transportation and congestion 
                management technologies, including--
                          (i) advanced traveler information 
                        systems;
                          (ii) advanced transportation 
                        management technologies;
                          (iii) infrastructure maintenance, 
                        monitoring, and condition assessment;
                          (iv) advanced public transportation 
                        systems consistent with section 5312 of 
                        title 49;
                          (v) transportation system performance 
                        data collection, analysis, and 
                        dissemination systems;
                          (vi) advanced safety systems, 
                        including vehicle-to-vehicle, vehicle-
                        to-pedestrian, and vehicle-to-
                        infrastructure communications, systems 
                        to improve vulnerable road user safety, 
                        technologies associated with autonomous 
                        vehicles, and other collision avoidance 
                        technologies, including systems using 
                        cellular technology;
                          (vii) integration of intelligent 
                        transportation systems with the Smart 
                        Grid and other energy distribution and 
                        charging systems;
                          (viii) electronic pricing and payment 
                        systems[; or];
                          (ix) advanced mobility and access 
                        technologies, such as dynamic 
                        ridesharing and information systems to 
                        support human services for elderly and 
                        [disabled individuals.] disabled 
                        individuals, including activities under 
                        section 5316 of title 49;
                          (x) measures to safeguard surface 
                        transportation system technologies 
                        under this subparagraph from 
                        cybersecurity threats; or
                          (xi) retrofitting dedicated short-
                        range communications technology 
                        deployed as part of an existing pilot 
                        program to cellular vehicle-to-
                        everything technology.
                  (F) Report to secretary.--For each eligible 
                entity that receives a grant under this 
                paragraph, not later than 1 year after the 
                entity receives the grant, and each year 
                thereafter, the entity shall submit a report to 
                the Secretary that describes--
                          (i) deployment and operational costs 
                        of the project compared to the benefits 
                        and savings the project provides; and
                          (ii) how the project has met the 
                        original expectations projected in the 
                        deployment plan submitted with the 
                        application, such as--
                                  (I) data on how the project 
                                has helped reduce traffic 
                                crashes, congestion, costs, and 
                                other benefits of the deployed 
                                systems;
                                  (II) data on the effect of 
                                measuring and improving 
                                transportation system 
                                performance through the 
                                deployment of advanced 
                                technologies;
                                  (III) the effectiveness of 
                                providing real-time integrated 
                                traffic, transit, and 
                                multimodal transportation 
                                information to the public to 
                                make informed travel decisions; 
                                and
                                  (IV) lessons learned and 
                                recommendations for future 
                                deployment strategies to 
                                optimize transportation 
                                efficiency and multimodal 
                                system performance.
                  [(G) Report.--Not later than 3 years after 
                the date that the first grant is awarded under 
                this paragraph, and each year thereafter, the 
                Secretary shall make available to the public on 
                an Internet 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; or
                          [(viii) provided other benefits to 
                        transportation users and the general 
                        public.]
                  (G) Reporting.--
                          (i) Applicability of law.--The 
                        program under this paragraph shall be 
                        subject to the accountability and 
                        oversight requirements in section 
                        106(m).
                          (ii) Report.--Not later than 3 years 
                        after the date that the first grant is 
                        awarded under this paragraph, and each 
                        year thereafter, the Secretary shall 
                        make available to the public on a 
                        website a report that describes the 
                        effectiveness of grant recipients in 
                        meeting their projected deployment 
                        plans, including data provided under 
                        subparagraph (F) on how the program has 
                        provided benefits, such as how the 
                        program has--
                                  (I) reduced traffic-related 
                                fatalities and injuries;
                                  (II) reduced traffic 
                                congestion and improved travel 
                                time reliability;
                                  (III) reduced transportation-
                                related emissions;
                                  (IV) optimized multimodal 
                                system performance;
                                  (V) improved access to 
                                transportation alternatives;
                                  (VI) provided the public with 
                                access to real-time integrated 
                                traffic, transit, and 
                                multimodal transportation 
                                information to make informed 
                                travel decisions;
                                  (VII) provided cost savings 
                                to transportation agencies, 
                                businesses, and the traveling 
                                public;
                                  (VIII) created or maintained 
                                transportation jobs and 
                                supported transportation 
                                workers; or
                                  (IX) provided other benefits 
                                to transportation users, 
                                workers, and the general 
                                public.
                          (iii) Considerations.--If applicable, 
                        the Secretary shall ensure that the 
                        activities described in subclauses (I) 
                        and (IV) of clause (ii) reflect--
                                  (I) any information described 
                                in subparagraph (C)(iii) that 
                                is included by an applicant; or
                                  (II) the project 
                                prioritization guidelines under 
                                subparagraph (D)(iv).
                  (H) Additional grants.--The Secretary may 
                cease to provide additional grant funds to a 
                recipient of a grant under this paragraph if--
                          (i) the Secretary determines from 
                        such recipient's report that the 
                        recipient is not carrying out the 
                        requirements of the grant; and
                          (ii) the Secretary provides written 
                        notice 60 days prior to withholding 
                        funds 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.
                  (I)  [Funding.-- 
                          [(i) In general.--From funds made 
                        available to carry out subsection (b), 
                        this subsection, and sections 512 
                        through 518, the Secretary shall set 
                        aside for grants awarded under 
                        subparagraph (D) $60,000,000 for each 
                        of fiscal years 2016 through 2020.]
                          [(ii) Expenses for the secretary.--] 
                        [Of the amounts set aside under clause 
                        (i), the Secretary may set aside] 
                        Funding._Of the amounts made available 
                        to carry out this paragraph, the 
                        Secretary may set aside  $2,000,000 
                        each fiscal year for program reporting, 
                        evaluation, and administrative costs 
                        related to this paragraph.
                  (J) Federal share.--The Federal share of the 
                cost of a project for which a grant is awarded 
                under this subsection shall not exceed 50 
                percent of the cost of the project[.], 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.
                  (K) Grant limitation.--The Secretary may not 
                award more than 20 percent of the [amount 
                described under subparagraph (I)] funds made 
                available to carry out this paragraph in a 
                fiscal year to a single grant recipient.
                  (L) Expenses for grant recipients.--A grant 
                recipient under this paragraph may use not more 
                than 5 percent of the funds awarded each fiscal 
                year to carry out planning and reporting 
                requirements.
                  [(M) Grant flexibility.--
                          [(i) In general.--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 section for a 
                        fiscal year, the Secretary shall 
                        transfer to the programs specified in 
                        clause (ii)--
                                  [(I) any of the funds 
                                reserved for the fiscal year 
                                under subparagraph (I) 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 subclause (I).
                          [(ii) Programs.--The programs 
                        referred to in clause (i) are--
                                  [(I) the program under 
                                subsection (b);
                                  [(II) the program under this 
                                subsection; and
                                  [(III) the programs under 
                                sections 512 through 518.
                          [(iii) Distribution.--Any transfer of 
                        funds and obligation limitation under 
                        clause (i) shall be divided among the 
                        programs referred to in that clause in 
                        the same proportions as the Secretary 
                        originally reserved funding from the 
                        programs for the fiscal year under 
                        subparagraph (I).]
                  (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).
                  (N) Definitions.--In this paragraph, the 
                following definitions apply:
                          (i) Eligible entity.--The term 
                        ``eligible entity'' means a State or 
                        local government, a transit agency, 
                        metropolitan planning organization 
                        representing an urbanized area with a 
                        population of over 200,000, or other 
                        political subdivision of a State or 
                        local government or a 
                        multijurisdictional group or a 
                        consortia of research institutions or 
                        academic institutions.
                          (ii) Advanced and congestion 
                        management transportation 
                        technologies.--The term ``advanced 
                        transportation and congestion 
                        management technologies'' means 
                        technologies that improve the 
                        efficiency, safety, or state of good 
                        repair of surface transportation 
                        systems, including intelligent 
                        transportation systems.
                          (iii) Multijurisdictional group.--The 
                        term ``multijurisdictional group'' 
                        means [a any] any combination of State 
                        governments, local governments, 
                        metropolitan planning agencies, transit 
                        agencies, or other political 
                        subdivisions of a State for which each 
                        member of the group--
                                  (I) has signed a written 
                                agreement to implement the 
                                advanced transportation 
                                technologies deployment 
                                initiative across 
                                jurisdictional boundaries; and
                                  (II) is an eligible entity 
                                under this paragraph.
          (5) Accelerated implementation and deployment of 
        advanced digital construction management systems.--
                  (A) In general.--The Secretary shall, to the 
                extent practicable, under the technology and 
                innovation deployment program established under 
                paragraph (1), promote, support, and document 
                the application of advanced digital 
                construction management systems, practices, 
                performance, and benefits.
                  (B) Goals.--The goals of promoting the 
                accelerated implementation and deployment of 
                advanced digital construction management 
                systems established under subparagraph (A) 
                shall include--
                          (i) accelerated State and local 
                        government adoption of advanced digital 
                        construction management systems applied 
                        throughout the project delivery process 
                        (including through the design and 
                        engineering, construction, and 
                        operations phases) that--
                                  (I) maximize interoperability 
                                with other systems, products, 
                                tools, or applications;
                                  (II) boost productivity;
                                  (III) manage complexity and 
                                risk;
                                  (IV) reduce project delays 
                                and cost overruns;
                                  (V) enhance safety and 
                                quality; and
                                  (VI) support sustainable 
                                design and construction;
                          (ii) more timely and productive 
                        information-sharing among stakeholders 
                        through digital collaboration platforms 
                        that connect workflows, teams, and data 
                        and reduced reliance on paper to manage 
                        construction processes and 
                        deliverables;
                          (iii) deployment of digital 
                        management systems that enable and 
                        leverage the use of digital 
                        technologies on construction sites by 
                        contractors;
                          (iv) the development and deployment 
                        of best practices for use in digital 
                        construction management;
                          (v) increased technology adoption and 
                        deployment by States and units of local 
                        government that enables project 
                        sponsors--
                                  (I) to integrate the adoption 
                                of digital management systems 
                                and technologies in contracts; 
                                and
                                  (II) to weigh the cost of 
                                digitization and technology in 
                                setting project budgets;
                          (vi) technology training and 
                        workforce development to build the 
                        capabilities of project managers and 
                        sponsors that enables States and units 
                        of local government--
                                  (I) to better manage projects 
                                using advance digital 
                                construction management 
                                technologies; and
                                  (II) to properly measure and 
                                reward technology adoption 
                                across projects of the State or 
                                unit of local government;
                          (vii) development of guidance to 
                        assist States in updating regulations 
                        of the State to allow project sponsors 
                        and contractors--
                                  (I) to report data relating 
                                to the project in digital 
                                formats; and
                                  (II) to fully capture the 
                                efficiencies and benefits of 
                                advanced digital construction 
                                management systems and related 
                                technologies;
                          (viii) reduction in the environmental 
                        footprint of construction projects 
                        using advanced digital construction 
                        management systems resulting from 
                        elimination of congestion through more 
                        efficient projects;
                          (ix) development of more sustainable 
                        infrastructure that is designed to be 
                        more resilient to climate impacts, 
                        constructed with less material waste 
                        and made with more low-emissions 
                        construction materials; and
                          (x) enhanced worker and pedestrian 
                        safety resulting from increased 
                        transparency.
  (d) Materials to Reduce Greenhouse Gas Emissions Program.--
          (1) In general.--Not later than 6 months after the 
        date of enactment of this subsection, the Secretary 
        shall establish and implement a program under which the 
        Secretary shall award grants to eligible entities to 
        research and support the development and deployment of 
        materials that will capture, absorb, adsorb, reduce, or 
        sequester the amount of greenhouse gas emissions 
        generated during the production of highway materials 
        and the construction and use of highways.
          (2) Activities.--Activities under this section may 
        include--
                  (A) carrying out research to determine the 
                materials proven to most effectively capture, 
                absorb, adsorb, reduce, or sequester greenhouse 
                gas emissions;
                  (B) evaluating and improves the ability of 
                materials to most effectively capture, absorb, 
                adsorb, reduce, or sequester greenhouse gas 
                emissions;
                  (C) supporting the development and deployment 
                of materials that will capture, absorb, adsorb, 
                reduce, or sequester greenhouse gas emissions; 
                and
                  (D) in coordination with standards-setting 
                organizations, such as the American Association 
                of State Highway and Transportation Officials, 
                carrying out research on--
                          (i) the extent to which existing 
                        state materials procurement standards 
                        enable the deployment of materials 
                        proven to most effectively reduce or 
                        sequester greenhouse gas emissions;
                          (ii) opportunities for States to 
                        adapt procurement standards to more 
                        frequently procure materials proven to 
                        most effectively reduce or sequester 
                        greenhouse gas emissions; and
                          (iii) how to support or incentivize 
                        States to adapt procurement standards 
                        to incorporate more materials proven to 
                        most effectively reduce or sequester 
                        greenhouse gas emissions.
          (3) Competitive selection process.--
                  (A) Applications.--To be eligible to receive 
                a grant under this subsection, an eligible 
                entity shall submit to the Secretary an 
                application in such form and containing such 
                information as the Secretary may require.
                  (B) Consideration.--In making grants under 
                this subsection, the Secretary shall consider 
                the degree to which applicants presently carry 
                out research on materials that capture, absorb, 
                adsorb, reduce, or sequester greenhouse gas 
                emissions.
                  (C) Selection criteria.--The Secretary may 
                make grants under this subsection to any 
                eligible entity based on the demonstrated 
                ability of the applicant to fulfill the 
                activities described in paragraph (2).
                  (D) Transparency.--The Secretary shall submit 
                to the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                and the Committee on Environment and Public 
                Works of the Senate a report describing the 
                overall review process for a grant under this 
                subsection, including--
                          (i) specific criteria of evaluation 
                        used in the review;
                          (ii) descriptions of the review 
                        process; and
                          (iii) explanations of the grants 
                        awarded.
          (4) Grants.--
                  (A) Restrictions.--
                          (i) In general.--For each fiscal 
                        year, a grant made available under this 
                        subsection shall be not greater than 
                        $4,000,000 and not less than $2,000,000 
                        per recipient.
                          (ii) Limitation.--An eligible entity 
                        may only receive one grant in a fiscal 
                        year under this subsection.
                  (B) Matching requirements.--As a condition of 
                receiving a grant under this subsection, a 
                grant recipient shall match 50 percent of the 
                amounts made available under the grant.
          (5) Program coordination.--
                  (A) In general.--The Secretary shall--
                          (i) coordinate the research, 
                        education, and technology transfer 
                        activities carried out by grant 
                        recipients under this subsection;
                          (ii) disseminate the results of that 
                        research through the establishment and 
                        operation of a publicly accessible 
                        online information clearinghouse; and
                          (iii) to the extent practicable, 
                        support the deployment and commercial 
                        adoption of effective materials 
                        researched or developed under this 
                        subsection to relevant stakeholders.
                  (B) Annual review and evaluation.--Not later 
                than 2 years after the date of enactment of 
                this subsection, and not less frequently than 
                annually thereafter, the Secretary shall, 
                consistent with the activities in paragraph 
                (3)--
                          (i) review and evaluate the programs 
                        carried out under this subsection by 
                        grant recipients, describing the 
                        effectiveness of the program in 
                        identifying materials that capture, 
                        absorb, adsorb, reduce, or sequester 
                        greenhouse gas emissions;
                          (ii) submit to the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Environment and Public 
                        Works of the Senate a report describing 
                        such review and evaluation; and
                          (iii) make the report in clause (ii) 
                        available to the public on a website.
          (6) Limitation on availability of amounts.--Amounts 
        made available to carry out this subsection shall 
        remain available for obligation by the Secretary for a 
        period of 3 years after the last day of the fiscal year 
        for which the amounts are authorized.
          (7) Information collection.--Any survey, 
        questionnaire, or interview that the Secretary 
        determines to be necessary to carry out reporting 
        requirements relating to any program assessment or 
        evaluation activity under this subsection, including 
        customer satisfaction assessments, shall not be subject 
        to chapter 35 of title 44 (commonly known as the 
        ``Paperwork Reduction Act'').
          (8) Definition of eligible entity.--In this 
        subsection, the term ``eligible entity'' means--
                  (A) a nonprofit institution of higher 
                education, as such term is defined in section 
                101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001); and
                  (B) a State department of transportation.

Sec. 504. Training and education

  (a) National Highway Institute.--
          (1) In general.--The Secretary shall operate in the 
        Federal Highway Administration a National Highway 
        Institute (in this subsection referred to as the 
        ``Institute''). The Secretary shall administer, through 
        the Institute, the authority vested in the Secretary by 
        this title or by any other law for the development and 
        conduct of education and training programs relating to 
        highways.
          (2) Duties of the institute.--In cooperation with 
        State transportation departments, United States 
        industry, and any national or international entity, the 
        Institute shall develop and administer education and 
        training programs of instruction for--
                  (A) Federal Highway Administration, State, 
                and local transportation agency employees and 
                the employees of any other applicable Federal 
                agency;
                  (B) regional, State, and metropolitan 
                planning organizations;
                  (C) State and local police, public safety, 
                and motor vehicle employees; and
                  (D) United States citizens and foreign 
                nationals engaged or to be engaged in surface 
                transportation work of interest to the United 
                States.
          (3) Courses.--
                  (A) In general.--The Institute shall--
                          (i) develop or update existing 
                        courses in asset management, including 
                        courses that include such components 
                        as--
                                  (I) the determination of 
                                life-cycle costs;
                                  (II) the valuation of assets;
                                  (III) benefit-to-cost ratio 
                                calculations; and
                                  (IV) objective decisionmaking 
                                processes for project 
                                selection; and
                          (ii) continually develop courses 
                        relating to the application of emerging 
                        technologies for--
                                  (I) transportation 
                                infrastructure applications and 
                                asset management;
                                  (II) intelligent 
                                transportation systems;
                                  (III) operations (including 
                                security operations);
                                  (IV) the collection and 
                                archiving of data;
                                  (V) reducing the amount of 
                                time required for the planning 
                                and development of 
                                transportation projects; and
                                  (VI) the intermodal movement 
                                of individuals and freight.
                  (B) Additional courses.--In addition to the 
                courses developed under subparagraph (A), the 
                Institute, in consultation with State 
                transportation departments, metropolitan 
                planning organizations, and the American 
                Association of State Highway and Transportation 
                Officials, may develop courses relating to 
                technology, methods, techniques, engineering, 
                construction, safety, maintenance, 
                environmental mitigation and compliance, 
                regulations, management, inspection, and 
                finance.
                  (C) Revision of courses offered.--The 
                Institute shall periodically--
                          (i) review the course inventory of 
                        the Institute; and
                          (ii) revise or cease to offer courses 
                        based on course content, applicability, 
                        and need.
          (4) Set-aside; federal share.--Not to exceed 1/2 of 1 
        percent of the funds apportioned to a State under 
        section 104(b)(2) for the surface transportation [block 
        grant] program shall be available for expenditure by 
        the State transportation department for the payment of 
        not to exceed 80 percent of the cost of tuition and 
        direct educational expenses (excluding salaries) in 
        connection with the education and training of employees 
        of State and local transportation agencies in 
        accordance with this subsection.
          (5) Federal responsibility.--
                  (A) In general.--Except as provided in 
                subparagraph (B), education and training of 
                employees of Federal, State, and local 
                transportation (including highway) agencies 
                authorized under this subsection may be 
                provided--
                          (i) by the Secretary at no cost to 
                        the States and local governments if the 
                        Secretary determines that provision at 
                        no cost is in the public interest; or
                          (ii) by the State through grants, 
                        cooperative agreements, and contracts 
                        with public and private agencies, 
                        institutions, individuals, and the 
                        Institute.
                  (B) Payment of full cost by private 
                persons.--Private agencies, international or 
                foreign entities, and individuals shall pay the 
                full cost of any education and training 
                received by them unless the Secretary 
                determines that a lower cost is of critical 
                importance to the public interest.
          (6) Training fellowships; cooperation.--The Institute 
        may--
                  (A) engage in training activities authorized 
                under this subsection, including the granting 
                of training fellowships; and
                  (B) carry out its authority independently or 
                in cooperation with any other branch of the 
                Federal Government or any State agency, 
                authority, association, institution, for-profit 
                or nonprofit corporation, other national or 
                international entity, or other person.
          (7) Collection of fees.--
                  (A) General rule.--In accordance with this 
                subsection, the Institute may assess and 
                collect fees solely to defray the costs of the 
                Institute in developing or administering 
                education and training programs under this 
                subsection.
                  (B) Limitation.--Fees may be assessed and 
                collected under this subsection only in a 
                manner that may reasonably be expected to 
                result in the collection of fees during any 
                fiscal year in an aggregate amount that does 
                not exceed the aggregate amount of the costs 
                referred to in subparagraph (A) for the fiscal 
                year.
                  (C) Persons subject to fees.--Fees may be 
                assessed and collected under this subsection 
                only with respect to--
                          (i) persons and entities for whom 
                        education or training programs are 
                        developed or administered under this 
                        subsection; and
                          (ii) persons and entities to whom 
                        education or training is provided under 
                        this subsection.
                  (D) Amount of fees.--The fees assessed and 
                collected under this subsection shall be 
                established in a manner that ensures that the 
                liability of any person or entity for a fee is 
                reasonably based on the proportion of the costs 
                referred to in subparagraph (A) that relate to 
                the person or entity.
                  (E) Use.--All fees collected under this 
                subsection shall be used to defray costs 
                associated with the development or 
                administration of education and training 
                programs authorized under this subsection.
          (8) Relation to fees.--The funds made available to 
        carry out this subsection may be combined with or held 
        separate from the fees collected under paragraph (7).
  (b) Local Technical Assistance Program.--
          (1) Authority.--The Secretary shall carry out a local 
        technical assistance program that will provide access 
        to surface transportation technology to--
                  (A) highway and transportation agencies in 
                urbanized and rural areas;
                  (B) contractors that perform work for the 
                agencies; and
                  (C) infrastructure security staff.
          (2) Grants, cooperative agreements, and contracts.--
        The Secretary may make grants and enter into 
        cooperative agreements and contracts to provide 
        education and training, technical assistance, and 
        related support services to--
                  (A) assist rural, local transportation 
                agencies and tribal governments, and the 
                consultants and construction personnel working 
                for the agencies and governments, to--
                          (i) develop and expand expertise in 
                        road and transportation areas 
                        (including pavement, bridge, concrete 
                        structures, intermodal connections, 
                        safety management systems, intelligent 
                        transportation systems, incident 
                        response, operations, and traffic 
                        safety countermeasures);
                          (ii) improve roads and bridges;
                          (iii) enhance--
                                  (I) programs for the movement 
                                of passengers and freight; and
                                  (II) intergovernmental 
                                transportation planning and 
                                project selection; and
                          (iv) deal effectively with special 
                        transportation-related problems by 
                        preparing and providing training 
                        packages, manuals, guidelines, and 
                        technical resource materials;
                  (B) develop technical assistance for tourism 
                and recreational travel;
                  (C) identify, package, and deliver 
                transportation technology and traffic safety 
                information to local jurisdictions to assist 
                urban transportation agencies in developing and 
                expanding their ability to deal effectively 
                with transportation-related problems 
                (particularly the promotion of regional 
                cooperation);
                  (D) operate, in cooperation with State 
                transportation departments and universities--
                          (i) local technical assistance 
                        program centers designated to provide 
                        transportation technology transfer 
                        services to rural areas and to 
                        urbanized areas; and
                          (ii) local technical assistance 
                        program centers designated to provide 
                        transportation technical assistance to 
                        tribal governments; and
                  (E) allow local transportation agencies and 
                tribal governments, in cooperation with the 
                private sector, to enhance new technology 
                implementation.
          (3) Federal share.--
                  (A) Local technical assistance centers.--
                          (i) In general.--Subject to 
                        subparagraph (B), the Federal share of 
                        the cost of an activity carried out by 
                        a local technical assistance center 
                        under paragraphs (1) and (2) shall be 
                        50 percent.
                          (ii) Non-federal share.--The non-
                        Federal share of the cost of an 
                        activity described in clause (i) may 
                        consist of amounts provided to a 
                        recipient under subsection (e) or 
                        section 505, up to 100 percent of the 
                        non-Federal share.
                  (B) Tribal technical assistance centers.--The 
                Federal share of the cost of an activity 
                carried out by a tribal technical assistance 
                center under paragraph (2)(D)(ii) shall be 100 
                percent.
  (c) Research Fellowships.--
          (1) General authority.--The Secretary, acting either 
        independently or in cooperation with other Federal 
        departments, agencies, and instrumentalities, may make 
        grants for research fellowships for any purpose for 
        which research is authorized by this chapter.
          (2) Dwight david eisenhower transportation fellowship 
        program.--
                  (A) In general.--The Secretary shall 
                establish and implement a transportation 
                research fellowship program for the purpose of 
                attracting qualified students to the field of 
                transportation, which program shall be known as 
                the ``Dwight David Eisenhower Transportation 
                Fellowship Program''.
                  (B) Use of amounts.--Amounts provided to 
                institutions of higher education to carry out 
                this paragraph shall be used to provide direct 
                support of student expenses.
  (d) Garrett A. Morgan Technology and Transportation Education 
Program.--
          (1) In general.--The Secretary shall establish the 
        Garrett A. Morgan Technology and Transportation 
        Education Program to improve the preparation of 
        students, particularly women and minorities, in 
        science, technology, engineering, and mathematics 
        through curriculum development and other activities 
        related to transportation.
          (2) Authorized activities.--The Secretary shall award 
        grants under this subsection on the basis of 
        competitive peer review. Grants awarded under this 
        subsection may be used for enhancing science, 
        technology, engineering, and mathematics at the 
        elementary and secondary school level through such 
        means as--
                  (A) internships that offer students 
                experience in the transportation field;
                  (B) programs that allow students to spend 
                time observing scientists and engineers in the 
                transportation field; and
                  (C) developing relevant curriculum that uses 
                examples and problems related to 
                transportation.
          (3) Application and review procedures.--
                  (A) In general.--An entity described in 
                subparagraph (C) seeking funding under this 
                subsection shall submit an application to the 
                Secretary at such time, in such manner, and 
                containing such information as the Secretary 
                may require. Such application, at a minimum, 
                shall include a description of how the funds 
                will be used to serve the purposes described in 
                paragraph (2).
                  (B) Priority.--In making awards under this 
                subsection, the Secretary shall give priority 
                to applicants that will encourage the 
                participation of women and minorities.
                  (C) Eligibility.--Local educational agencies 
                and State educational agencies, which may enter 
                into a partnership agreement with institutions 
                of higher education, businesses, or other 
                entities, shall be eligible to apply for grants 
                under this subsection.
          (4) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Institution of higher education.--The 
                term ``institution of higher education'' has 
                the meaning given that term in section 101 of 
                the Higher Education Act of 1965 (20 U.S.C. 
                1001).
                  (B) Local educational agency.--The term 
                ``local educational agency'' has the meaning 
                given that term in section 8101 of the 
                Elementary and Secondary Education Act of 1965.
                  (C) State educational agency.--The term 
                ``State educational agency'' has the meaning 
                given that term in section 8101 of the 
                Elementary and Secondary Education Act of 1965.
  (e) Surface Transportation Workforce Development, Training, 
and Education.--
          (1) Funding.--Subject to project approval by the 
        Secretary, a State may obligate funds apportioned to 
        the State under paragraphs (1) through (4) and (8) 
        through (9) of section 104(b) for surface 
        transportation workforce development, training, and 
        education, including--
                  (A) tuition and direct educational expenses, 
                excluding salaries, in connection with the 
                education and training of employees of State 
                and local transportation agencies;
                  (B) employee professional development;
                  (C) student internships;
                  (D) university or community college support;
                  (E) education activities, including outreach, 
                to develop interest and promote participation 
                in surface transportation careers;
                  (F) activities carried out by the National 
                Highway Institute under subsection (a); and
                  (G) local technical assistance programs under 
                subsection (b).
          (2) Federal share.--The Federal share of the cost of 
        activities carried out in accordance with this 
        subsection shall be 100 percent, except for activities 
        carried out under paragraph (1)(G), for which the 
        Federal share shall be 50 percent.
          (3) Surface transportation workforce development, 
        training, and education defined.--In this subsection, 
        the term ``surface transportation workforce 
        development, training, and education'' means activities 
        associated with surface transportation career 
        awareness, student transportation career preparation, 
        and training and professional development for surface 
        transportation workers, including activities for women 
        and minorities.
  (f) Transportation Education Development Program.--
          (1) Establishment.--The Secretary shall establish a 
        program to make grants to institutions of higher 
        education that, in partnership with industry or State 
        departments of transportation, will develop, test, and 
        revise new curricula and education programs to train 
        individuals at all levels of the transportation 
        workforce.
          (2) Selection of grant recipients.--In selecting 
        applications for awards under this subsection, the 
        Secretary shall consider--
                  (A) the degree to which the new curricula or 
                education program meets the specific needs of a 
                segment of the transportation industry, States, 
                or regions;
                  (B) providing for practical experience and 
                on-the-job training;
                  (C) proposals oriented toward practitioners 
                in the field rather than the support and growth 
                of the research community;
                  (D) the degree to which the new curricula or 
                program will provide training in areas other 
                than engineering, such as business 
                administration, economics, information 
                technology, environmental science, and law;
                  (E) programs or curricula in nontraditional 
                departments that train professionals for work 
                in the transportation field, such as materials, 
                information technology, environmental science, 
                urban planning, and industrial technology; and
                  (F) the commitment of industry or a State's 
                department of transportation to the program.
          (3) Limitations.--The amount of a grant under this 
        subsection shall not exceed $300,000 per year. After a 
        recipient has received 3 years of Federal funding under 
        this subsection, Federal funding may equal not more 
        than 75 percent of a grantee's program costs.
          (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.
  (g) Freight Capacity Building Program.--
          (1) Establishment.--The Secretary shall establish a 
        freight planning capacity building initiative to 
        support enhancements in freight transportation planning 
        in order to--
                  (A) better target investments in freight 
                transportation systems to maintain efficiency 
                and productivity; and
                  (B) strengthen the decisionmaking capacity of 
                State transportation departments and local 
                transportation agencies with respect to freight 
                transportation planning and systems.
          (2) Agreements.--The Secretary shall enter into 
        agreements to support and carry out administrative and 
        management activities relating to the governance of the 
        freight planning capacity initiative.
          (3) Stakeholder involvement.--In carrying out this 
        section, the Secretary shall consult with the 
        Association of Metropolitan Planning Organizations, the 
        American Association of State Highway and 
        Transportation Officials, and other freight planning 
        stakeholders, including the other Federal agencies, 
        State transportation departments, local governments, 
        nonprofit entities, academia, and the private sector.
          (4) Eligible activities.--The freight planning 
        capacity building initiative shall include research, 
        training, and education in the following areas:
                  (A) The identification and dissemination of 
                best practices in freight transportation.
                  (B) Providing opportunities for freight 
                transportation staff to engage in peer 
                exchange.
                  (C) Refinement of data and analysis tools 
                used in conjunction with assessing freight 
                transportation needs.
                  (D) Technical assistance to State 
                transportation departments and local 
                transportation agencies reorganizing to address 
                freight transportation issues.
                  (E) Facilitating relationship building 
                between governmental and private entities 
                involved in freight transportation.
                  (F) Identifying ways to target the capacity 
                of State transportation departments and local 
                transportation agencies to address freight 
                considerations in operations, security, asset 
                management, and environmental stewardship in 
                connection with long-range multimodal 
                transportation planning and project 
                implementation.
          (5) Federal share.--The Federal share of the cost of 
        an activity carried out under this section shall be up 
        to 100 percent, and such funds shall remain available 
        until expended.
          (6) Use of funds.--Funds made available for the 
        program established under this subsection may be used 
        for research, program development, information 
        collection and dissemination, and technical assistance. 
        The Secretary may use such funds independently or [make 
        grants or to] make grants to and enter into contracts 
        and cooperative agreements with a Federal agency, State 
        agency, local agency, federally recognized Indian 
        tribal government or tribal consortium, authority, 
        association, nonprofit or for-profit corporation, or 
        institution of higher education, to carry out the 
        purposes of this subsection.
  (h) Centers for Surface Transportation Excellence.--
          (1) In general.--The Secretary shall make grants 
        under this section to establish and maintain centers 
        for surface transportation excellence.
          (2) Goals.--The goals of a center referred to in 
        paragraph (1) shall be to promote and support strategic 
        national surface transportation programs and activities 
        relating to the work of State departments of 
        transportation in the areas of environment, surface 
        transportation safety, rural safety, and project 
        finance.
          (3) Role of the centers.--To achieve the goals set 
        forth in paragraph (2), any centers established under 
        paragraph (1) shall provide technical assistance, 
        information sharing of best practices, and training in 
        the use of tools and decisionmaking processes that can 
        assist States in effectively implementing surface 
        transportation programs, projects, and policies.
          (4) Program administration.--
                  (A) Competition.--A party entering into a 
                contract, cooperative agreement, or other 
                transaction with the Secretary under this 
                subsection, or receiving a grant to perform 
                research or provide technical assistance under 
                this subsection, shall be selected on a 
                competitive basis.
                  (B) Strategic plan.--The Secretary shall 
                require each center to develop a multiyear 
                strategic plan, that--
                          (i) is submitted to the Secretary at 
                        such time as the Secretary requires; 
                        and
                          (ii) describes--
                                  (I) the activities to be 
                                undertaken by the center; and
                                  (II) how the work of the 
                                center will be coordinated with 
                                the activities of the Federal 
                                Highway Administration and the 
                                various other research, 
                                development, and technology 
                                transfer activities authorized 
                                under this chapter.

           *       *       *       *       *       *       *


Sec. 513. Use of funds for ITS activities

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Eligible entity.--The term ``eligible entity'' 
        means a State or local government, tribal government, 
        transit agency, public toll authority, metropolitan 
        planning organization, other political subdivision of a 
        State or local government, or a multistate or 
        multijurisdictional group applying through a single 
        lead applicant.
          (2) Multijurisdictional group.--The term 
        ``multijurisdictional group'' means a combination of 
        State governments, local governments, metropolitan 
        planning agencies, transit agencies, or other political 
        subdivisions of a State that--
                  (A) have signed a written agreement to 
                implement an activity that meets the grant 
                criteria under this section; and
                  (B) is comprised of at least 2 members, each 
                of whom is an eligible entity.
  (b) Purpose.--The purpose of this section is to develop, 
administer, communicate, and promote the use of products of 
research, technology, and technology transfer programs.
  (c) ITS Adoption.--
          (1) Innovative technologies and strategies.--The 
        Secretary shall encourage the deployment of ITS 
        technologies that will improve the performance of the 
        National Highway System in such areas as traffic 
        operations, emergency response, incident management, 
        surface transportation network management, freight 
        management, traffic flow information, greenhouse gas 
        emissions reduction, and congestion management by 
        accelerating the adoption of innovative technologies 
        through the use of--
                  (A) demonstration programs;
                  (B) grant funding;
                  (C) incentives to eligible entities; and
                  (D) other tools, strategies, or methods that 
                will result in the deployment of innovative ITS 
                technologies.
          (2) Comprehensive plan.--To carry out this section, 
        the Secretary shall develop a detailed and 
        comprehensive plan that addresses the manner in which 
        incentives may be adopted, as appropriate, through the 
        existing deployment activities carried out by surface 
        transportation modal administrations.

Sec. 514. Goals and purposes

  (a) Goals.--The goals of the intelligent transportation 
system program include--
          (1) enhancement of surface transportation efficiency 
        and facilitation of intermodalism and international 
        trade to enable existing facilities to meet a 
        significant portion of future transportation needs, 
        including public access to employment, goods, and 
        services and to reduce regulatory, financial, and other 
        transaction costs to public agencies and system users;
          (2) achievement of national transportation safety 
        goals, including enhancement of safe operation of motor 
        vehicles and nonmotorized vehicles and improved 
        emergency response to collisions, with particular 
        emphasis on decreasing the number and severity of 
        collisions;
          (3) protection and enhancement of the natural 
        environment and communities affected by surface 
        transportation, with particular emphasis on assisting 
        State and local governments to achieve national 
        environmental goals;
          (4) reduction of greenhouse gas emissions and 
        mitigation of the effects of climate change;
          [(4)] (5) accommodation of the needs of all users of 
        surface transportation systems, including operators of 
        commercial motor vehicles, passenger motor vehicles, 
        motorcycles, bicycles, and pedestrians (including 
        individuals with disabilities);
          [(5)] (6) enhancement of national defense mobility 
        and improvement of the ability of the United States to 
        respond to security-related or other manmade 
        emergencies and natural disasters; and
          [(6)] (7) enhancement of the national freight system 
        and support to [national freight policy goals] national 
        multimodal freight policy goals and activities 
        described in subtitle IX of title 49.
  (b) Purposes.--The Secretary shall implement activities under 
the intelligent transportation system program, at a minimum--
          (1) to expedite, in both metropolitan and rural 
        areas, deployment and integration of intelligent 
        transportation systems for consumers of passenger and 
        freight transportation;
          (2) to ensure that Federal, State, and local 
        transportation officials have adequate knowledge of 
        intelligent transportation systems for consideration in 
        the transportation planning process;
          (3) to improve regional cooperation and operations 
        planning for effective intelligent transportation 
        system deployment;
          (4) to promote the innovative use of private 
        resources in support of intelligent transportation 
        system development;
          (5) to facilitate, in cooperation with the motor 
        vehicle industry, the introduction of vehicle-based 
        safety enhancing systems;
          (6) to support the application of intelligent 
        transportation systems that increase the safety and 
        efficiency of commercial motor vehicle operations;
          (7) to develop a workforce capable of developing, 
        operating, and maintaining intelligent transportation 
        systems;
          (8) to provide continuing support for operations and 
        maintenance of intelligent transportation systems;
          (9) to ensure a systems approach that includes 
        cooperation among vehicles, infrastructure, and users; 
        and
          (10) to assist in the development of cybersecurity 
        research in cooperation with relevant modal 
        administrations of the Department of Transportation and 
        other Federal agencies to help prevent hacking, 
        spoofing, and disruption of connected and automated 
        transportation vehicles.

Sec. 515. General authorities and requirements

  (a) Scope.--Subject to the provisions of sections 512 through 
518, the Secretary shall conduct an ongoing intelligent 
transportation system program--
          (1) to research, develop, and operationally test 
        intelligent transportation systems; and
          (2) to provide technical assistance in the nationwide 
        application of those systems as a component of the 
        surface transportation systems of the United States.
  (b) Policy.--Intelligent transportation system research 
projects and operational tests funded pursuant to sections 512 
through 518 shall encourage and not displace public-private 
partnerships or private sector investment in those tests and 
projects.
  (c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent 
transportation system program in cooperation with State and 
local governments and other public entities, the private sector 
firms of the United States, the Federal laboratories, and 
institutions of higher education, including historically Black 
colleges and universities and other minority institutions of 
higher education.
  (d) Consultation With Federal Officials.--In carrying out the 
intelligent transportation system program, the Secretary shall 
consult with the heads of other Federal agencies, as 
appropriate.
  (e) Technical Assistance, Training, and Information.--The 
Secretary may provide technical assistance, training, and 
information to State and local governments seeking to 
implement, operate, maintain, or evaluate intelligent 
transportation system technologies and services.
  (f) Transportation Planning.--The Secretary may provide 
funding to support adequate consideration of transportation 
systems management and operations, including intelligent 
transportation systems, within metropolitan and statewide 
transportation planning processes.
  (g) Information Clearinghouse.--
          (1) In general.--The Secretary shall--
                  (A) maintain a repository for technical and 
                safety data collected as a result of federally 
                sponsored projects carried out under sections 
                512 through 518; and
                  (B) make, on request, that information 
                (except for proprietary information and data) 
                readily available to all users of the 
                repository at an appropriate cost.
          (2) Agreement.--
                  (A) In general.--The Secretary may enter into 
                an agreement with a third party for the 
                maintenance of the repository for technical and 
                safety data under paragraph (1)(A).
                  (B) Federal financial assistance.--If the 
                Secretary enters into an agreement with an 
                entity for the maintenance of the repository, 
                the entity shall be eligible for Federal 
                financial assistance under this section.
          (3) Availability of information.--Information in the 
        repository shall not be subject to sections 552 and 555 
        of title 5, United States Code.
  (h) Advisory Committee.--
          (1) In general.--The Secretary shall establish an 
        Advisory Committee to advise the Secretary on carrying 
        out sections 512 through 518.
          (2) Membership.--The Advisory Committee shall have no 
        more than [20 members] 25 members, be balanced between 
        metropolitan and rural interests, and include, at a 
        minimum--
                  (A) a representative from a [State highway 
                department] State department of transportation;
                  (B) a representative from a [local highway 
                department] local department of transportation 
                who is not from a metropolitan planning 
                organization;
                  (C) a representative from a State, local, or 
                regional transit agency;
                  (D) a representative from a metropolitan 
                planning organization;
                  [(E) a private sector user of intelligent 
                transportation system technologies;
                  [(F) an academic researcher with expertise in 
                computer science or another information science 
                field related to intelligent transportation 
                systems, and who is not an expert on 
                transportation issues;
                  [(G) an academic researcher who is a civil 
                engineer;
                  [(H) an academic researcher who is a social 
                scientist with expertise in transportation 
                issues;
                  [(I) a representative from a nonprofit group 
                representing the intelligent transportation 
                system industry;
                  [(J) a representative from a public interest 
                group concerned with safety;]
                  (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
                  [(K)] (H) a representative from a public 
                interest group concerned with the impact of the 
                transportation system on land use and 
                residential patterns; and
                  [(L) members with expertise in planning, 
                safety, telecommunications, utilities, and 
                operations.]
          (3) Duties.--The Advisory Committee shall, at a 
        minimum, perform the following duties:
                  (A) Provide input into the development of the 
                intelligent transportation system aspects of 
                the strategic plan under [section 508] section 
                6503 of title 49.
                  (B) Review, at least annually, areas of 
                intelligent transportation systems research 
                being considered for funding by the Department, 
                to determine--
                          (i) whether these activities are 
                        likely to advance either the state-of-
                        the-practice or state-of-the-art in 
                        intelligent transportation systems;
                          (ii) whether the intelligent 
                        transportation system technologies are 
                        likely to be deployed by users in both 
                        urban and rural areas, and if not, to 
                        determine the barriers to deployment[; 
                        and];
                          (iii) the appropriate roles for 
                        government and the private sector in 
                        investing in the research and 
                        technologies being considered[.]; and
                          (iv) assess how Federal 
                        transportation resources, including 
                        programs under this title, are being 
                        used to advance intelligent 
                        transportation systems.
                  (C) Convene not less frequently than twice 
                each year, either in person or remotely.
          (4) Report.--Not later than [May 1] April 1 of each 
        year, the Secretary shall make available to the public 
        on a Department of Transportation website a report that 
        includes--
                  (A) all recommendations made by the Advisory 
                Committee during the preceding calendar year;
                  (B) an explanation of the manner in which the 
                Secretary has implemented those 
                recommendations; and
                  (C) for recommendations not implemented, the 
                reasons for rejecting the recommendations.
          (5) Applicability of federal advisory committee 
        act.--The Advisory Committee shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.), except 
        that section 14 of such Act shall not apply.
  (i) Reporting.--
          (1) Guidelines and requirements.--
                  (A) In general.--The Secretary shall issue 
                guidelines and requirements for the reporting 
                and evaluation of operational tests and 
                deployment projects carried out under sections 
                512 through 518.
                  (B) Objectivity and independence.--The 
                guidelines and requirements issued under 
                subparagraph (A) shall include provisions to 
                ensure the objectivity and independence of the 
                reporting entity so as to avoid any real or 
                apparent conflict of interest or potential 
                influence on the outcome by parties to any such 
                test or deployment project or by any other 
                formal evaluation carried out under sections 
                512 through 518.
                  (C) Funding.--The guidelines and requirements 
                issued under subparagraph (A) shall establish 
                reporting funding levels based on the size and 
                scope of each test or project that ensure 
                adequate reporting of the results of the test 
                or project.
          (2) Special rule.--Any survey, questionnaire, or 
        interview that the Secretary considers necessary to 
        carry out the reporting of any test, deployment 
        project, or program assessment activity under sections 
        512 through 518 shall not be subject to chapter 35 of 
        title 44, United States Code.

Sec. 516. Research and development

  (a) In General.--The Secretary shall carry out a 
comprehensive program of intelligent transportation system 
research and development, including through grants to entities 
or groups of entities, such as institutions of higher 
education, and operational tests of intelligent vehicles, 
intelligent infrastructure systems, and other similar 
activities that are necessary to carry out this chapter.
  (b) Priority Areas.--Under the program, the Secretary shall 
give higher priority to funding projects that--
          (1) enhance mobility and productivity through 
        improved traffic management, incident management, 
        transit management, freight management, road weather 
        management, toll collection, traveler information, or 
        highway operations systems and remote sensing products;
          (2) use interdisciplinary approaches to develop 
        traffic management strategies and tools to address 
        multiple impacts of congestion concurrently;
          (3) address traffic management, incident management, 
        transit management, toll collection traveler 
        information, or highway operations systems;
          (4) incorporate research on the potential impact of 
        environmental, weather, and natural conditions on 
        intelligent transportation systems, including the 
        effects of cold climates;
          (5) demonstrate reductions in greenhouse gas 
        emissions;
          [(5)] (6) enhance intermodal use of intelligent 
        transportation systems for diverse groups, including 
        for emergency and health-related services;
          [(6)] (7) enhance safety through improved crash 
        avoidance and protection, crash and other notification, 
        commercial motor vehicle operations, and 
        infrastructure-based or cooperative safety systems[; 
        or];
          [(7)] (8) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies[.];
          (9) integrate existing observational networks and 
        data management systems for road weather applications; 
        or
          (10) facilitate the interconnectivity of data and 
        information technology systems across different 
        observational networks and different users.
  (c) Federal Share.--The Federal share payable on account of 
any project or activity carried out under subsection (a) shall 
not exceed 80 percent.

           *       *       *       *       *       *       *


Sec. 520. Every Day Counts initiative

  (a) In General.--It is in the national interest for the 
Department of Transportation, State departments of 
transportation, and all other recipients of Federal surface 
transportation funds--
          (1) to identify, accelerate, and deploy innovation 
        aimed at expediting project delivery;
          (2) enhancing the safety of the roadways of the 
        United States, and protecting the environment;
          (3) to ensure that the planning, design, engineering, 
        construction, and financing of transportation projects 
        is done in an efficient and effective manner;
          (4) to promote the rapid deployment of proven 
        solutions that provide greater accountability for 
        public investments and encourage greater private sector 
        involvement; and
          (5) to create a culture of innovation within the 
        highway community.
  (b) Every Day Counts Initiative.--To advance the policy 
described in subsection (a), the Administrator of the Federal 
Highway Administration shall continue the Every Day Counts 
initiative to work with States, local transportation agencies, 
all other recipients of Federal surface transportation funds, 
and industry stakeholders, including labor representatives, to 
identify and deploy proven innovative practices and products 
that--
          (1) accelerate innovation deployment;
          (2) expedite the project delivery process;
          (3) improve environmental sustainability;
          (4) enhance roadway safety;
          (5) reduce congestion; and
          (6) reduce greenhouse gas emissions.
  (c) Considerations.--In carrying out the Every Day Counts 
initiative, the Administrator shall consider any innovative 
practices and products in accordance with subsections (a) and 
(b), including--
          (1) research results from the university 
        transportation centers program under section 5505 of 
        title 49; and
          (2) results from the materials to reduce greenhouse 
        gas emissions program in section 503(d).
  (d) Innovation Deployment.--
          (1) In general.--At least every 2 years, the 
        Administrator shall work collaboratively with 
        stakeholders to identify a new collection of 
        innovations, best practices, and data to be deployed to 
        highway stakeholders through case studies, outreach, 
        and demonstration projects.
          (2) Requirements.--In identifying a collection 
        described in paragraph (1), the Secretary shall take 
        into account market readiness, impacts, benefits, and 
        ease of adoption of the innovation or practice.
  (e) Publication.--Each collection identified under subsection 
(d) shall be published by the Administrator on a publicly 
available website.
  (f) Funding.--The Secretary may use funds made available to 
carry out section 503(c) to carry out this section.
  (g) Rule of Construction.--Nothing in this section may be 
construed to allow the Secretary to waive any requirement under 
any other provision of Federal law.

           *       *       *       *       *       *       *


CHAPTER 6--INFRASTRUCTURE FINANCE

           *       *       *       *       *       *       *


Sec. 602. Determination of eligibility and project selection

  (a) Eligibility.--
          (1) In general.--A project shall be eligible to 
        receive credit assistance under the TIFIA program if--
                  (A) the entity proposing to carry out the 
                project submits a letter of interest prior to 
                submission of a formal application for the 
                project; and
                  (B) the project meets the criteria described 
                in this subsection.
          (2) Creditworthiness.--
                  (A) In general.--To be eligible for 
                assistance under the TIFIA program, a project 
                shall satisfy applicable creditworthiness 
                standards, which, at a minimum, shall include--
                          (i) a rate covenant, if applicable;
                          (ii) adequate coverage requirements 
                        to ensure repayment;
                          (iii) an investment grade rating from 
                        at least 2 rating agencies on debt 
                        senior to the Federal credit 
                        instrument; and
                          (iv) [a rating] an investment grade 
                        rating from at least 2 rating agencies 
                        on the Federal credit instrument, 
                        subject to the condition that, with 
                        respect to clause (iii), if the total 
                        amount of the senior debt and the 
                        Federal credit instrument is less than 
                        [$75,000,000] $150,000,000, 1 rating 
                        agency opinion for each of the senior 
                        debt and Federal credit instrument 
                        shall be sufficient.
                  (B) Senior debt.--Notwithstanding 
                subparagraph (A), in a case in which the 
                Federal credit instrument is [the senior debt] 
                senior debt, the Federal credit instrument 
                shall be required to receive an investment 
                grade rating from at least 2 rating agencies, 
                unless the [credit instrument is for an amount 
                less than $75,000,000] total amount of other 
                senior debt and the Federal credit instrument 
                is less than $150,000,000, in which case 1 
                rating agency opinion shall be sufficient.
          (3) Inclusion in transportation plans and programs.--
        A project shall satisfy the applicable planning and 
        programming requirements of sections 134 and 135 at 
        such time as an agreement to make available a Federal 
        credit instrument is entered into under the TIFIA 
        program.
          (4) Application.--A State, local government, public 
        authority, public-private partnership, or any other 
        legal entity undertaking the project and authorized by 
        the Secretary shall submit a project application that 
        is acceptable to the Secretary.
          (5) Eligible project cost parameters.--
                  (A) In general.--Except as provided in 
                subparagraph (B), a project under the TIFIA 
                program shall have eligible project costs that 
                are reasonably anticipated to equal or exceed 
                the lesser of--
                          (i) $50,000,000; and
                          (ii) 331/3 percent of the amount of 
                        Federal highway funds apportioned for 
                        the most recently completed fiscal year 
                        to the State in which the project is 
                        located.
                  (B) Exceptions.--
                          (i) Intelligent transportation 
                        systems.--In the case of a project 
                        principally involving the installation 
                        of an intelligent transportation 
                        system, eligible project costs shall be 
                        reasonably anticipated to equal or 
                        exceed $15,000,000.
                          (ii) Transit-oriented development 
                        projects.--In the case of a project 
                        described in section 601(a)(12)(E), 
                        eligible project costs shall be 
                        reasonably anticipated to equal or 
                        exceed $10,000,000.
                          (iii) Rural projects.--In the case of 
                        a rural infrastructure project or a 
                        project capitalizing a rural projects 
                        fund, eligible project costs shall be 
                        reasonably anticipated to equal or 
                        exceed $10,000,000, but not to exceed 
                        $100,000,000.
                          (iv) Local infrastructure projects.--
                        Eligible project costs shall be 
                        reasonably anticipated to equal or 
                        exceed $10,000,000 in the case of a 
                        project or program of projects--
                                  (I) in which the applicant is 
                                a local government, public 
                                authority, or instrumentality 
                                of local government;
                                  (II) located on a facility 
                                owned by a local government; or
                                  (III) for which the Secretary 
                                determines that a local 
                                government is substantially 
                                involved in the development of 
                                the project.
          (6) Dedicated revenue sources.--The applicable 
        Federal credit instrument shall be repayable, in whole 
        or in part, from--
                  (A) tolls;
                  (B) user fees;
                  (C) payments owing to the obligor under a 
                public-private partnership; or
                  (D) other dedicated revenue sources that also 
                secure or fund the project obligations.
          (7) Public sponsorship of private entities.--In the 
        case of a project that is undertaken by an entity that 
        is not a State or local government or an agency or 
        instrumentality of a State or local government, the 
        project that the entity is undertaking shall be 
        publicly sponsored as provided in paragraph (3).
          (8) Applications where obligor will be identified 
        later.--A State, local government, agency or 
        instrumentality of a State or local government, or 
        public authority may submit to the Secretary an 
        application under paragraph (4), under which a private 
        party to a public-private partnership will be--
                  (A) the obligor; and
                  (B) identified later through completion of a 
                procurement and selection of the private party.
          (9) Beneficial effects.--The Secretary shall 
        determine that financial assistance for the project 
        under the TIFIA program will--
                  (A) foster, if appropriate, partnerships that 
                attract public and private investment for the 
                project;
                  (B) enable the project to proceed at an 
                earlier date than the project would otherwise 
                be able to proceed or reduce the lifecycle 
                costs (including debt service costs) of the 
                project; and
                  (C) reduce the contribution of Federal grant 
                assistance for the project.
          (10) Project readiness.--
                  (A) In general.--Except as provided in 
                subparagraph (B), to be eligible for assistance 
                under the TIFIA program, the applicant shall 
                demonstrate a reasonable expectation that the 
                contracting process for construction of the 
                project can commence by no later than 90 days 
                after the date on which a Federal credit 
                instrument is obligated for the project under 
                the TIFIA program.
                  (B) Rural projects fund.--In the case of a 
                project capitalizing a rural projects fund, the 
                State infrastructure bank shall demonstrate, 
                not later than 2 years after the date on which 
                a secured loan is obligated for the project 
                under the TIFIA program, that the bank has 
                executed a loan agreement with a borrower for a 
                rural infrastructure project in accordance with 
                section 610. After the demonstration is made, 
                the bank may draw upon the secured loan. At the 
                end of the 2-year period, to the extent the 
                bank has not used the loan commitment, the 
                Secretary may extend the term of the loan or 
                withdraw the loan commitment.
  (b) Selection Among Eligible Projects.--
          (1) Establishment.--The Secretary shall establish a 
        rolling application process under which projects that 
        are eligible to receive credit assistance under 
        subsection (a) shall receive credit assistance on terms 
        acceptable to the Secretary, if adequate funds are 
        available to cover the subsidy costs associated with 
        the Federal credit instrument.
          (2) Master credit agreements.--
                  (A) Program of related projects.--The 
                Secretary may enter into a master credit 
                agreement for a program of related projects 
                secured by a common security pledge on terms 
                acceptable to the Secretary.
                  (B) Adequate funding not available.--If the 
                Secretary fully obligates funding to eligible 
                projects for a fiscal year and adequate funding 
                is not available to fund a credit instrument, a 
                project sponsor of an eligible project may 
                elect to enter into a master credit agreement 
                and wait to execute a credit instrument until 
                the fiscal year for which additional funds are 
                available to receive credit assistance.
          (3) Preliminary rating opinion letter.--The Secretary 
        shall require each project applicant to provide a 
        preliminary rating opinion letter from at least 1 
        rating agency--
                  (A) indicating that the senior obligations of 
                the project, which may be the Federal credit 
                instrument, have the potential to achieve an 
                investment-grade rating; and
                  (B) including a preliminary rating opinion on 
                the Federal credit instrument.
  (c) Federal Requirements.--
          (1) In general.--In addition to the requirements of 
        this title for highway projects, the requirements of 
        chapter 53 [of title 49] and section 22905(a) of title 
        49, subject to the requirements of section 5320(o) of 
        title 49, for transit projects, and the requirements of 
        section 5333(a) of title 49 for rail projects, the 
        following provisions of law shall apply to funds made 
        available under the TIFIA program and projects assisted 
        with those funds:
                  (A) Title VI of the Civil Rights Act of 1964 
                (42 U.S.C. 2000d et seq.).
                  (B) The National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                  (C) The Uniform Relocation Assistance and 
                Real Property Acquisition Policies Act of 1970 
                (42 U.S.C. 4601 et seq.).
          (2) NEPA.--No funding shall be obligated for a 
        project that has not received an environmental 
        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.).
  (d) Application Processing Procedures.--
          (1) Notice of complete application.--Not later than 
        30 days after the date of receipt of an application 
        under this section, the Secretary shall provide to the 
        applicant a written notice to inform the applicant 
        whether--
                  (A) the application is complete; or
                  (B) additional information or materials are 
                needed to complete the application.
          (2) Approval or denial of application.--Not later 
        than 60 days after the date of issuance of the written 
        notice under paragraph (1), the Secretary shall provide 
        to the applicant a written notice informing the 
        applicant whether the Secretary has approved or 
        disapproved the application.
  (e) Development Phase Activities.--Any credit instrument 
secured under the TIFIA program may be used to finance up to 
100 percent of the cost of development phase activities as 
described in section [601(a)(1)(A)] 601(a)(2)(A).

Sec. 603. Secured loans

  (a) In General.--
          (1) Agreements.--Subject to paragraphs (2) and (3), 
        the Secretary may enter into agreements with 1 or more 
        obligors to make secured loans, the proceeds of which 
        shall be used--
                  (A) to finance eligible project costs of any 
                project selected under section 602;
                  (B) to refinance interim construction 
                financing of eligible project costs of any 
                project selected under section 602;
                  (C) to refinance existing Federal credit 
                instruments for rural infrastructure projects; 
                or
                  (D) to refinance long-term project 
                obligations or Federal credit instruments, if 
                the refinancing provides additional funding 
                capacity for the completion, enhancement, or 
                expansion of any project that--
                          (i) is selected under section 602; or
                          (ii) otherwise meets the requirements 
                        of section 602.
          (2) Limitation on refinancing of interim construction 
        financing.--A loan under paragraph (1) shall not 
        refinance interim construction financing under 
        paragraph (1)(B)--
                  (A) if the maturity of such interim 
                construction financing is later than 1 year 
                after the substantial completion of the 
                project; and
                  (B) later than 1 year after the date of 
                substantial completion of the project.
          (3) Risk assessment.--Before entering into an 
        agreement under this subsection, the Secretary, in 
        consultation with the Director of the Office of 
        Management and Budget, shall determine an appropriate 
        capital reserve subsidy amount for each secured loan, 
        taking into account each rating letter provided by an 
        agency under section 602(b)(3)(B).
  (b) Terms and Limitations.--
          (1) In general.--A secured loan under this section 
        with respect to a project shall be on such terms and 
        conditions and contain such covenants, representations, 
        warranties, and requirements (including requirements 
        for audits) as the Secretary determines to be 
        appropriate.
          (2) Maximum amount.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the amount of a secured loan 
                under this section shall not exceed the lesser 
                of 49 percent of the reasonably anticipated 
                eligible project costs or if the secured loan 
                does not receive an investment grade rating, 
                the amount of the senior project obligations.
                  (B) Rural projects fund.--In the case of a 
                project capitalizing a rural projects fund, the 
                maximum amount of a secured loan made to a 
                State infrastructure bank shall be determined 
                in accordance with section 602(a)(5)(B)(iii).
          (3) Payment.--A secured loan under this section--
                  (A) shall--
                          (i) be payable, in whole or in part, 
                        from--
                                  (I) tolls;
                                  (II) user fees;
                                  (III) payments owing to the 
                                obligor under a public-private 
                                partnership;
                                  (IV) other dedicated revenue 
                                sources that also secure the 
                                senior project obligations; or
                                  (V) in the case of a secured 
                                loan for a project capitalizing 
                                a rural projects fund, any 
                                other dedicated revenue sources 
                                available to a State 
                                infrastructure bank, including 
                                repayments from loans made by 
                                the bank for rural 
                                infrastructure projects; and
                          (ii) include a rate covenant, 
                        coverage requirement, or similar 
                        security feature supporting the project 
                        obligations; and
                  (B) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing 
                project obligations.
          (4) Interest rate.--
                  (A) In general.--Except as provided in 
                subparagraphs (B) and (C), the interest rate on 
                a secured loan under this section shall be not 
                less than the yield on United States Treasury 
                securities of a similar maturity to the 
                maturity of the secured loan on the date of 
                execution of the loan agreement.
                  (B) Rural infrastructure projects.--
                          (i) In general.--The interest rate of 
                        a loan offered to a rural 
                        infrastructure project or a rural 
                        projects fund under the TIFIA program 
                        shall be at 1/2 of the Treasury Rate in 
                        effect on the date of execution of the 
                        loan agreement.
                          (ii) Application.--The rate described 
                        in clause (i) shall only apply to any 
                        portion of a loan the subsidy cost of 
                        which is funded by amounts set aside 
                        for rural infrastructure projects and 
                        rural project funds under section 
                        608(a)(3)(A).
                  (C) Limited buydowns.--The interest rate of a 
                secured loan under this section may not be 
                lowered by more than the lower of--
                          (i) 11/2 percentage points (150 basis 
                        points); or
                          (ii) the amount of the increase in 
                        the interest rate.
          (5) Maturity date.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the final maturity date of 
                the secured loan shall be the lesser of--
                          (i) 35 years after the date of 
                        substantial completion of the project; 
                        and
                          (ii) if the useful life of the 
                        capital asset being financed is of a 
                        lesser period, the useful life of the 
                        asset.
                  (B) Rural projects fund.--In the case of a 
                project capitalizing a rural projects fund, the 
                final maturity date of the secured loan shall 
                not exceed 35 years after the date on which the 
                secured loan is obligated.
          (6) Nonsubordination.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the secured loan shall not be 
                subordinated to the claims of any holder of 
                project obligations in the event of bankruptcy, 
                insolvency, or liquidation of the obligor.
                  (B) Preexisting indenture.--
                          (i) In general.--The Secretary shall 
                        waive the requirement under 
                        subparagraph (A) for a public agency 
                        borrower that is financing ongoing 
                        capital programs and has outstanding 
                        senior bonds under a preexisting 
                        indenture, if--
                                  (I) the secured loan is rated 
                                in the A category or higher;
                                  (II) the secured loan is 
                                secured and payable from 
                                pledged revenues not affected 
                                by project performance, such as 
                                a tax-backed revenue pledge or 
                                a system-backed pledge of 
                                project revenues; and
                                  (III) the TIFIA program share 
                                of eligible project costs is 33 
                                percent or less.
                          (ii) Limitation.--If the Secretary 
                        waives the nonsubordination requirement 
                        under this subparagraph--
                                  (I) the maximum credit 
                                subsidy to be paid by the 
                                Federal Government shall be not 
                                more than 10 percent of the 
                                principal amount of the secured 
                                loan; and
                                  (II) the obligor shall be 
                                responsible for paying the 
                                remainder of the subsidy cost, 
                                if any.
          (7) Fees.--The Secretary may establish fees at a 
        level sufficient to cover all or a portion of the costs 
        to the Federal Government of making a secured loan 
        under this section.
          [(8) Non-federal share.--The proceeds of a secured 
        loan under the TIFIA program may be used for any 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.]
          (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.
          (9) Maximum federal involvement.--
                  (A) In general.--The total Federal assistance 
                provided for a project receiving a loan under 
                the TIFIA program shall not exceed 80 percent 
                of the total project cost.
                  (B) Rural projects fund.--A project 
                capitalizing a rural projects fund shall 
                satisfy subparagraph (A) through compliance 
                with the Federal share requirement described in 
                section 610(e)(3)(B).
                  (C) Territories.--Funds provided for a 
                territory under section 165(c) shall not be 
                considered Federal assistance for purposes of 
                subparagraph (A).
  (c) Repayment.--
          (1) Schedule.--The Secretary shall establish a 
        repayment schedule for each secured loan under this 
        section based on--
                  (A) the projected cash flow from project 
                revenues and other repayment sources; and
                  (B) the useful life of the project.
          (2) Commencement.--Scheduled loan repayments of 
        principal or interest on a secured loan under this 
        section shall commence not later than 5 years after the 
        date of substantial completion of the project.
          (3) Deferred payments.--
                  (A) In general.--If, at any time after the 
                date of substantial completion of the project, 
                the project is unable to generate sufficient 
                revenues to pay the scheduled loan repayments 
                of principal and interest on the secured loan, 
                the Secretary may, subject to subparagraph (C), 
                allow the obligor to add unpaid principal and 
                interest to the outstanding balance of the 
                secured loan.
                  (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                          (i) continue to accrue interest in 
                        accordance with subsection (b)(4) until 
                        fully repaid; and
                          (ii) be scheduled to be amortized 
                        over the remaining term of the loan.
                  (C) Criteria.--
                          (i) In general.--Any payment deferral 
                        under subparagraph (A) shall be 
                        contingent on the project meeting 
                        criteria established by the Secretary.
                          (ii) Repayment standards.--The 
                        criteria established pursuant to clause 
                        (i) shall include standards for 
                        reasonable assurance of repayment.
          (4) Prepayment.--
                  (A) Use of excess revenues.--Any excess 
                revenues that remain after satisfying scheduled 
                debt service requirements on the project 
                obligations and secured loan and all deposit 
                requirements under the terms of any trust 
                agreement, bond resolution, or similar 
                agreement securing project obligations may be 
                applied annually to prepay the secured loan 
                without penalty.
                  (B) Use of proceeds of refinancing.--The 
                secured loan may be prepaid at any time without 
                penalty from the proceeds of refinancing from 
                non-Federal funding sources.
  (d) Sale of Secured Loans.--
          (1) In general.--Subject to paragraph (2), as soon as 
        practicable after substantial completion of a project 
        and after notifying the obligor, the Secretary may sell 
        to another entity or reoffer into the capital markets a 
        secured loan for the project if the Secretary 
        determines that the sale or reoffering can be made on 
        favorable terms.
          (2) Consent of obligor.--In making a sale or 
        reoffering under paragraph (1), the Secretary may not 
        change the original terms and conditions of the secured 
        loan without the written consent of the obligor.
  (e) Loan Guarantees.--
          (1) In general.--The Secretary may provide a loan 
        guarantee to a lender in lieu of making a secured loan 
        under this section if the Secretary determines that the 
        budgetary cost of the loan guarantee is substantially 
        the same as that of a secured loan.
          (2) Terms.--The terms of a loan guarantee under 
        paragraph (1) shall be consistent with the terms 
        required under this section for a secured loan, except 
        that the rate on the guaranteed loan and any prepayment 
        features shall be negotiated between the obligor and 
        the lender, with the consent of the Secretary.
  (f) Streamlined Application Process.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the FAST Act, the Secretary shall 
        make available an expedited application process or 
        processes available at the request of entities seeking 
        secured loans under the TIFIA program that use a set or 
        sets of conventional terms established pursuant to this 
        section.
          (2) Terms.--In establishing the streamlined 
        application process required by this subsection, the 
        Secretary may include terms commonly included in prior 
        credit agreements and allow for an expedited 
        application period, including--
                  (A) the secured loan is in an amount of not 
                greater than $100,000,000;
                  (B) the secured loan is secured and payable 
                from pledged revenues not affected by project 
                performance, such as a tax-backed revenue 
                pledge, tax increment financing, or a system-
                backed pledge of project revenues; and
                  (C) repayment of the loan commences not later 
                than 5 years after disbursement.
          (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.

           *       *       *       *       *       *       *


Sec. 605. Program administration

  (a) Requirement.--The Secretary shall establish a uniform 
system to service the Federal credit instruments made available 
under the TIFIA program.
  (b) Fees.--The Secretary may collect and spend fees, 
contingent on authority being provided in appropriations Acts, 
at a level that is sufficient to cover--
          (1) the costs of services of expert firms retained 
        pursuant to subsection (d); and
          (2) all or a portion of the costs to the Federal 
        Government of servicing the Federal credit instruments.
  (c) Servicer.--
          (1) In general.--The Secretary may appoint a 
        financial entity to assist the Secretary in servicing 
        the Federal credit instruments.
          (2) Duties.--A servicer appointed under paragraph (1) 
        shall act as the agent for the Secretary.
          (3) Fee.--A servicer appointed under paragraph (1) 
        shall receive a servicing fee, subject to approval by 
        the Secretary.
  (d) Assistance From Expert Firms.--The Secretary may retain 
the services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting 
and servicing of Federal credit instruments.
  (e) Expedited Processing.--The Secretary shall implement 
procedures and measures to economize the time and cost involved 
in obtaining approval and the issuance of credit assistance 
under the TIFIA program.
  (f) Assistance to Small Projects.--
          (1) Reservation of funds.--Of the funds made 
        available to carry out the TIFIA program for each 
        fiscal year, and after the set aside under section 
        608(a)(5), not less than [$2,000,000] $3,000,000 shall 
        be made available for the Secretary to use in lieu of 
        fees collected under subsection (b) for projects under 
        the TIFIA program having eligible project costs that 
        are reasonably anticipated not to equal or exceed 
        $75,000,000.
          (2) Release of funds.--Any funds not used under 
        paragraph (1) in a fiscal year shall be made available 
        on October 1 of the following fiscal year to provide 
        credit assistance to any project under the TIFIA 
        program.

           *       *       *       *       *       *       *


Sec. 608. Funding

  (a) Funding.--
          (1) Spending and borrowing authority.--Spending and 
        borrowing authority for a fiscal year to enter into 
        Federal credit instruments shall be promptly 
        apportioned to the Secretary on a fiscal-year basis.
          (2) Reestimates.--If the subsidy cost of a Federal 
        credit instrument is reestimated, the cost increase or 
        decrease of the reestimate shall be borne by, or 
        benefit, the general fund of the Treasury, consistent 
        with section 504(f) of the Congressional Budget Act of 
        1974 (2 U.S.C. 661c(f)).
          (3) Rural set-aside.--
                  (A) In general.--Of the total amount of funds 
                made available to carry out the TIFIA program 
                for each fiscal year, not more than 10 percent 
                shall be set aside for rural infrastructure 
                projects or rural projects funds.
                  (B) Reobligation.--Any amounts set aside 
                under subparagraph (A) that remain unobligated 
                by June 1 of the fiscal year for which the 
                amounts were set aside shall be available for 
                obligation by the Secretary on projects other 
                than rural infrastructure projects or rural 
                projects funds.
          (4) Availability.--Amounts made available to carry 
        out the TIFIA program shall remain available until 
        expended.
          (5) Administrative costs.--Of the amounts made 
        available to carry out the TIFIA program, the Secretary 
        may use not more than [$6,875,000 for fiscal year 2016, 
        $7,081,000 for fiscal year 2017, $7,559,000 for fiscal 
        year 2018, $8,195,000 for fiscal year 2019, and 
        $8,441,000 for fiscal year 2020 for the administration 
        of the TIFIA program.] 2.5 percent for the 
        administration of the TIFIA program.
  (b) Contract Authority.--
          (1) In general.--Notwithstanding any other provision 
        of law, execution of a term sheet by the Secretary of a 
        Federal credit instrument that uses amounts made 
        available under the TIFIA program shall impose on the 
        United States a contractual obligation to fund the 
        Federal credit investment.
          (2) Availability.--Amounts made available to carry 
        out the TIFIA program for a fiscal year shall be 
        available for obligation on October 1 of the fiscal 
        year.

Sec. 609. Reports to Congress

  (a) In General.--On June 1, 2012, and every 2 years 
thereafter, the Secretary shall submit to Congress a report 
summarizing the financial performance of the projects that are 
receiving, or have received, assistance under the TIFIA 
program, including a recommendation as to whether the 
objectives of the TIFIA program are best served by--
          (1) continuing the program under the authority of the 
        Secretary;
          (2) establishing a Federal corporation or federally 
        sponsored enterprise to administer the program; or
          (3) phasing out the program and relying on the 
        capital markets to fund the types of infrastructure 
        investments assisted by the TIFIA program without 
        Federal participation.
  (b) Application Process Report.--
          (1) In general.--Not later than December 1, 2012, and 
        annually thereafter, 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 list of all of the letters of interest 
        and applications received from project sponsors for 
        assistance under the TIFIA program during the preceding 
        fiscal year.
          (2) Inclusions.--
                  (A) In general.--Each report under paragraph 
                (1) shall include, at a minimum, a description 
                of, with respect to each letter of interest and 
                application included in the report--
                          (i) the date on which the letter of 
                        interest or application was received;
                          (ii) the date on which a notification 
                        was provided to the project sponsor 
                        regarding whether the application was 
                        complete or incomplete;
                          (iii) the date on which a revised and 
                        completed application was submitted (if 
                        applicable);
                          (iv) the date on which a notification 
                        was provided to the project sponsor 
                        regarding whether the project was 
                        approved or disapproved; [and]
                          (v) if the project was not approved, 
                        the reason for the disapproval[.]; and
                          (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).
                  (B) Correspondence.--Each report under 
                paragraph (1) shall include copies of any 
                correspondence provided to the project sponsor 
                in accordance with section 602(d).
  (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.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 49, UNITED STATES CODE



           *       *       *       *       *       *       *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


                        CHAPTER 1--ORGANIZATION

Sec.
101. Purpose.
     * * * * * * *
118. Nontraditional and Emerging Transportation Technology Council.

           *       *       *       *       *       *       *


Sec. 102. Department of Transportation

  (a) The Department of Transportation is an executive 
department of the United States Government at the seat of 
Government.
  (b) The head of the Department is the Secretary of 
Transportation. The Secretary is appointed by the President, by 
and with the advice and consent of the Senate.
  (c) The Department has a Deputy Secretary of Transportation 
appointed by the President, by and with the advice and consent 
of the Senate. The Deputy Secretary--
          (1) shall carry out duties and powers prescribed by 
        the Secretary; and
          (2) acts for the Secretary when the Secretary is 
        absent or unable to serve or when the office of 
        Secretary is vacant.
  (d) The Department has an Under Secretary of Transportation 
for Policy appointed by the President, by and with the advice 
and consent of the Senate. The Under Secretary shall provide 
leadership in the development of policy for the Department, 
supervise the policy activities of Assistant Secretaries with 
primary responsibility for aviation, international, and other 
transportation policy development and carry out other powers 
and duties prescribed by the Secretary. The Under Secretary 
acts for the Secretary when the Secretary and the Deputy 
Secretary are absent or unable to serve, or when the offices of 
Secretary and Deputy Secretary are vacant.
  (e) Assistant Secretaries; General Counsel.--
          (1) Appointment.--The Department has [6 Assistant] 7 
        Assistant Secretaries and a General Counsel, 
        including--
                  (A) an Assistant Secretary for Aviation and 
                International Affairs, an Assistant Secretary 
                for Governmental Affairs, an Assistant 
                Secretary for Research and Technology, and an 
                Assistant Secretary for Transportation Policy, 
                who shall each be appointed by the President, 
                with the advice and consent of the Senate;
                  (B) an Assistant Secretary for Budget and 
                Programs who shall be appointed by the 
                President;
                  (C) an Assistant Secretary for 
                Administration, who shall be appointed by the 
                Secretary, with the approval of the President[; 
                and];
                  (D) an Assistant Secretary for Tribal 
                Government Affairs, who shall be appointed by 
                the President; and
                  [(D)] (E) a General Counsel, who shall be 
                appointed by the President, with the advice and 
                consent of the Senate.
          (2) Duties and powers.--The officers set forth in 
        paragraph (1) shall carry out duties and powers 
        prescribed by the Secretary. An Assistant Secretary or 
        the General Counsel, in the order prescribed by the 
        Secretary, acts for the Secretary when the Secretary, 
        Deputy Secretary, and Under Secretary of Transportation 
        for Policy are absent or unable to serve, or when the 
        offices of the Secretary, Deputy Secretary, and Under 
        Secretary of Transportation for Policy are vacant.
  (f)  [Deputy Assistant Secretary for Tribal Government 
Affairs] Office of Tribal Government Affairs.--
          [(1) Establishment.--In accordance with Federal 
        policies promoting Indian self determination, the 
        Department of Transportation shall have, within the 
        office of the Secretary, a Deputy Assistant Secretary 
        for Tribal Government Affairs appointed by the 
        President to plan, coordinate, and implement the 
        Department of Transportation policy and programs 
        serving Indian tribes and tribal organizations and to 
        coordinate tribal transportation programs and 
        activities in all offices and administrations of the 
        Department and to be a participant in any negotiated 
        rulemaking relating to, or having an impact on, 
        projects, programs, or funding associated with the 
        tribal transportation program.]
          (1) Establishment.--There is established in the 
        Department an Office of Tribal Government Affairs, 
        under the Assistant Secretary for Tribal Government 
        Affairs, to--
                  (A) oversee the Tribal transportation self-
                governance program under section 207 of title 
                23;
                  (B) plan, coordinate, and implement policies 
                and programs serving Indian Tribes and Tribal 
                organizations;
                  (C) coordinate Tribal transportation programs 
                and activities in all offices and 
                administrations of the Department;
                  (D) provide technical assistance to Indian 
                Tribes and Tribal organizations;
                  (E) be a participant in any negotiated 
                rulemakings relating to, or having an impact 
                on, projects, programs, or funding associated 
                with the tribal transportation program under 
                section 202 of title 23; and
                  (F) ensure that Department programs have in 
                place, implement, and enforce requirements and 
                obligations for regular and meaningful 
                consultation and collaboration with Tribes and 
                Tribal officials under Executive Order No. 
                13175 and to serve as the primary advisor to 
                the Secretary and other Department components 
                regarding violations of those requirements.
          (2) Reservation of trust obligations.--
                  (A) Responsibility of secretary.--In carrying 
                out this title, the Secretary shall be 
                responsible to exercise the trust obligations 
                of the United States to Indians and Indian 
                tribes to ensure that the rights of a tribe or 
                individual Indian are protected.
                  (B) Preservation of united states 
                responsibility.--Nothing in this title shall 
                absolve the United States from any 
                responsibility to Indians and Indian tribes, 
                including responsibilities derived from the 
                trust relationship and any treaty, executive 
                order, or agreement between the United States 
                and an Indian tribe.
  (g) Office of Climate Change and Environment.--
          (1) Establishment.--There is established in the 
        Department an Office of Climate Change and Environment 
        to plan, coordinate, and implement--
                  (A) department-wide research, strategies, and 
                actions under the Department's statutory 
                authority to reduce transportation-related 
                energy use and mitigate the effects of climate 
                change; and
                  (B) department-wide research strategies and 
                actions to address the impacts of climate 
                change on transportation systems and 
                infrastructure.
          (2) Clearinghouse.--The Office shall establish a 
        clearinghouse of solutions, including cost-effective 
        congestion reduction approaches, to reduce air 
        pollution and transportation-related energy use and 
        mitigate the effects of climate change.
  (h) The Department shall have a seal that shall be judicially 
recognized.

           *       *       *       *       *       *       *


Sec. 116. National Surface Transportation and Innovative Finance Bureau

  (a) Establishment.--The Secretary of Transportation shall 
establish a National Surface Transportation and Innovative 
Finance Bureau in the Department.
  (b) Purposes.--The purposes of the Bureau shall be--
          [(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);]
          (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) to administer the application processes for 
        programs within the Department in accordance with 
        subsection (d);
          (3) to promote innovative financing best practices in 
        accordance with subsection (e);
          (4) to reduce uncertainty and delays with respect to 
        environmental reviews and permitting in accordance with 
        subsection (f); and
          (5) to reduce costs and risks to taxpayers in project 
        delivery and procurement in accordance with subsection 
        (g).
  (c) Executive Director.--
          (1) Appointment.--The Bureau shall be headed by an 
        Executive Director, who shall be appointed in the 
        competitive service by the Secretary, with the approval 
        of the President.
          (2) Duties.--The Executive Director shall--
                  (A) report to the Under Secretary of 
                Transportation for Policy;
                  (B) be responsible for the management and 
                oversight of the daily activities, decisions, 
                operations, and personnel of the Bureau;
                  (C) support the Council on Credit and Finance 
                established under section 117 in accordance 
                with this section; and
                  (D) carry out such additional duties as the 
                Secretary may prescribe.
  (d) Administration of Certain Application Processes.--
          (1) In general.--The Bureau shall administer the 
        application processes for the following programs:
                  (A) The infrastructure finance programs 
                authorized under chapter 6 of title 23.
                  (B) The railroad rehabilitation and 
                improvement financing program authorized under 
                sections 501 through 503 of the Railroad 
                Revitalization and Regulatory Reform Act of 
                1976 (45 U.S.C. 821-823).
                  (C) Amount allocations authorized under 
                section 142(m) of the Internal Revenue Code of 
                1986.
                  (D) The nationally significant freight and 
                highway projects program under section 117 of 
                title 23.
          (2) Congressional notification.--The Executive 
        Director shall ensure that the congressional 
        notification requirements for each program referred to 
        in paragraph (1) are followed in accordance with the 
        statutory provisions applicable to the program.
          (3) Reports.--The Executive Director shall ensure 
        that the reporting requirements for each program 
        referred to in paragraph (1) are followed in accordance 
        with the statutory provisions applicable to the 
        program.
          (4) Coordination.--In administering the application 
        processes for the programs referred to in paragraph 
        (1), the Executive Director shall coordinate with 
        appropriate officials in the Department and its modal 
        administrations responsible for administering such 
        programs.
          (5) Streamlining approval processes.--Not later than 
        1 year after the date of enactment of this section, the 
        Executive Director shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation, the Committee on Banking, Housing, 
        and Urban Affairs, and the Committee on Environment and 
        Public Works of the Senate a report that--
                  (A) evaluates the application processes for 
                the programs referred to in paragraph (1);
                  (B) identifies administrative and legislative 
                actions that would improve the efficiency of 
                the application processes without diminishing 
                Federal oversight; and
                  (C) describes how the Executive Director will 
                implement administrative actions identified 
                under subparagraph (B) that do not require an 
                Act of Congress.
          (6) Procedures and transparency.--
                  (A) Procedures.--With respect to the programs 
                referred to in paragraph (1), the Executive 
                Director shall--
                          (i) establish procedures for 
                        analyzing and evaluating applications 
                        and for utilizing the recommendations 
                        of the Council on Credit and Finance;
                          (ii) establish procedures for 
                        addressing late-arriving applications, 
                        as applicable, and communicating the 
                        Bureau's decisions for accepting or 
                        rejecting late applications to the 
                        applicant and the public; and
                          (iii) document major decisions in the 
                        application evaluation process through 
                        a decision memorandum or similar 
                        mechanism that provides a clear 
                        rationale for such decisions.
                  (B) Review.--
                          (i) In general.--The Comptroller 
                        General of the United States shall 
                        review the compliance of the Executive 
                        Director with the requirements of this 
                        paragraph.
                          (ii) Recommendations.--The 
                        Comptroller General may make 
                        recommendations to the Executive 
                        Director in order to improve compliance 
                        with the requirements of this 
                        paragraph.
                          (iii) Report.--Not later than 3 years 
                        after the date of enactment of this 
                        section, 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, the Committee on Banking, 
                        Housing, and Urban Affairs, and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate a report 
                        on the results of the review conducted 
                        under clause (i), including findings 
                        and recommendations for improvement.
  (e) Innovative Financing Best Practices.--
          (1) In general.--The Bureau shall work with the modal 
        administrations within the Department, eligible 
        entities, and other public and private interests to 
        develop and promote best practices for innovative 
        financing and public-private partnerships.
          (2) Activities.--The Bureau shall carry out paragraph 
        (1)--
                  (A) by making Federal credit assistance 
                programs more accessible to eligible 
                recipients;
                  (B) by providing advice and expertise to 
                eligible entities that seek to leverage public 
                and private funding;
                  (C) by sharing innovative financing best 
                practices and case studies from eligible 
                entities with other eligible entities that are 
                interested in utilizing innovative financing 
                methods; and
                  (D) by developing and monitoring--
                          (i) best practices with respect to 
                        standardized State public-private 
                        partnership authorities and practices, 
                        including best practices related to--
                                  (I) accurate and reliable 
                                assumptions for analyzing 
                                public-private partnership 
                                procurements;
                                  (II) procedures for the 
                                handling of unsolicited bids;
                                  (III) policies with respect 
                                to noncompete clauses; and
                                  (IV) other significant terms 
                                of public-private partnership 
                                procurements, as determined 
                                appropriate by the Bureau;
                          (ii) standard contracts for the most 
                        common types of public-private 
                        partnerships for transportation 
                        facilities; and
                          (iii) analytical tools and other 
                        techniques to aid eligible entities in 
                        determining the appropriate project 
                        delivery model, including a value for 
                        money analysis.
          (3) Transparency.--The Bureau shall--
                  (A) ensure the transparency of a project 
                receiving credit assistance under a program 
                referred to in subsection (d)(1) and procured 
                as a public-private partnership by--
                          (i) requiring the sponsor of the 
                        project to undergo a value for money 
                        analysis or a comparable analysis prior 
                        to deciding to advance the project as a 
                        public-private partnership;
                          (ii) requiring the analysis required 
                        under subparagraph (A), and other key 
                        terms of the relevant public-private 
                        partnership agreement, to be made 
                        publicly available by the project 
                        sponsor at an appropriate time;
                          (iii) not later than 3 years after 
                        the date of completion of the project, 
                        requiring the sponsor of the project to 
                        conduct a review regarding whether the 
                        private partner is meeting the terms of 
                        the relevant public-private partnership 
                        agreement; and
                          (iv) providing a publicly available 
                        summary of the total level of Federal 
                        assistance in such project; and
                  (B) develop guidance to implement this 
                paragraph that takes into consideration 
                variations in State and local laws and 
                requirements related to public-private 
                partnerships.
          (4) Support to project sponsors.--At the request of 
        an eligible entity, the Bureau shall provide technical 
        assistance to the eligible entity regarding proposed 
        public-private partnership agreements for 
        transportation facilities, including assistance in 
        performing a value for money analysis or comparable 
        analysis.
  (f) Environmental Review and Permitting.--
          (1) In general.--The Bureau shall take actions that 
        are appropriate and consistent with the Department's 
        goals and policies to improve the delivery timelines 
        for projects carried out under the programs referred to 
        in subsection (d)(1).
          (2) Activities.--The Bureau shall carry out paragraph 
        (1)--
                  (A) by serving as the Department's liaison to 
                the Council on Environmental Quality;
                  (B) by coordinating efforts to improve the 
                efficiency and effectiveness of the 
                environmental review and permitting process;
                  (C) by providing technical assistance and 
                training to field and headquarters staff of 
                Federal agencies on policy changes and 
                innovative approaches to the delivery of 
                projects; and
                  (D) by identifying, developing, and tracking 
                metrics for permit reviews and decisions by 
                Federal agencies for projects under the 
                National Environmental Policy Act of 1969.
          (3) Support to project sponsors.--At the request of 
        an eligible entity that is carrying out a project under 
        a program referred to in subsection (d)(1), the Bureau, 
        in coordination with the appropriate modal 
        administrations within the Department, shall provide 
        technical assistance with regard to the compliance of 
        the project with the requirements of the National 
        Environmental Policy Act 1969 and relevant Federal 
        environmental permits.
  (g) Project Procurement.--
          (1) In general.--The Bureau shall promote best 
        practices in procurement for a project receiving 
        assistance under a program referred to in subsection 
        (d)(1) by developing, in coordination with modal 
        administrations within the Department as appropriate, 
        procurement benchmarks in order to ensure accountable 
        expenditure of Federal assistance over the life cycle 
        of the project.
          (2) Procurement benchmarks.--To the maximum extent 
        practicable, the procurement benchmarks developed under 
        paragraph (1) shall--
                  (A) establish maximum thresholds for 
                acceptable project cost increases and delays in 
                project delivery;
                  (B) establish uniform methods for States to 
                measure cost and delivery changes over the life 
                cycle of a project; and
                  (C) be tailored, as necessary, to various 
                types of project procurements, including 
                design-bid-build, design-build, and public-
                private partnerships.
          (3) Data collection.--The Bureau shall--
                  (A) collect information related to 
                procurement benchmarks developed under 
                paragraph (1), including project specific 
                information detailed under paragraph (2); and
                  (B) provide on a publicly accessible Internet 
                Web site of the Department a report on the 
                information collected under subparagraph (A).
  (h) Elimination and Consolidation of Duplicative Offices.--
          (1) Elimination of offices.--The Secretary may 
        eliminate any office within the Department if the 
        Secretary determines that--
                  (A) the purposes of the office are 
                duplicative of the purposes of the Bureau; and
                  (B) the elimination of the office does not 
                adversely affect the obligations of the 
                Secretary under any Federal law.
          (2) Consolidation of offices and office functions.--
        The Secretary may consolidate any office or office 
        function within the Department into the Bureau that the 
        Secretary determines has duties, responsibilities, 
        resources, or expertise that support the purposes of 
        the Bureau.
          (3) Staffing and budgetary resources.--
                  (A) In general.--The Secretary shall ensure 
                that the Bureau is adequately staffed and 
                funded.
                  (B) Staffing.--The Secretary may transfer to 
                the Bureau a position within the Department 
                from any office that is eliminated or 
                consolidated under this subsection if the 
                Secretary determines that the position is 
                necessary to carry out the purposes of the 
                Bureau.
                  (C) Savings provision.--If the Secretary 
                transfers a position to the Bureau under 
                subparagraph (B), the Secretary, in 
                coordination with the appropriate modal 
                administration, shall ensure that the transfer 
                of the position does not adversely affect the 
                obligations of the modal administration under 
                any Federal law.
                  (D) Budgetary resources.--
                          (i) Transfer of funds from eliminated 
                        or consolidated offices.--The Secretary 
                        may transfer to the Bureau funds 
                        allocated to any office or office 
                        function that is eliminated or 
                        consolidated under this subsection to 
                        carry out the purposes of the Bureau. 
                        Any such funds or limitation of 
                        obligations or portions thereof 
                        transferred to the Bureau may be 
                        transferred back to and merged with the 
                        original account.
                          (ii) Transfer of funds allocated to 
                        administrative costs.--The Secretary 
                        may transfer to the Bureau funds 
                        allocated to the administrative costs 
                        of processing applications for the 
                        programs referred to in subsection 
                        (d)(1). Any such funds or limitation of 
                        obligations or portions thereof 
                        transferred to the Bureau may be 
                        transferred back to and merged with the 
                        original account.
          (4) Notification.--Not later than 90 days after the 
        date of enactment of this section, and every 90 days 
        thereafter, 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 Banking, Housing, and 
        Urban Affairs, and the Committee on Commerce, Science, 
        and Transportation of the Senate of--
                  (A) the offices eliminated under paragraph 
                (1) and the rationale for elimination of the 
                offices;
                  (B) the offices and office functions 
                consolidated under paragraph (2) and the 
                rationale for consolidation of the offices and 
                office functions;
                  (C) the actions taken under paragraph (3) and 
                the rationale for taking such actions; and
                  (D) any additional legislative actions that 
                may be needed.
  (i) Savings Provisions.--
          (1) Laws and regulations.--Nothing in this section 
        may be construed to change a law or regulation with 
        respect to a program referred to in subsection (d)(1).
          (2) Responsibilities.--Nothing in this section may be 
        construed to abrogate the responsibilities of an 
        agency, operating administration, or office within the 
        Department otherwise charged by a law or regulation 
        with other aspects of program administration, 
        oversight, or project approval or implementation for 
        the programs and projects subject to this section.
          (3) Applicability.--Nothing in this section may be 
        construed to affect any pending application under 1 or 
        more of the programs referred to in subsection (d)(1) 
        that was received by the Secretary on or before the 
        date of enactment of this section.
  (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).
  [(j)] (k) Definitions.--In this section, the following 
definitions apply:
          (1) Bureau.--The term ``Bureau'' means the National 
        Surface Transportation and Innovative Finance Bureau of 
        the Department.
          (2) Department.--The term ``Department'' means the 
        Department of Transportation.
          (3) Eligible entity.--The term ``eligible entity'' 
        means an eligible applicant receiving financial or 
        credit assistance under 1 or more of the programs 
        referred to in subsection (d)(1).
          (4) Executive director.--The term ``Executive 
        Director'' means the Executive Director of the Bureau.
          (5) Multimodal project.--The term ``multimodal 
        project'' means a project involving the participation 
        of more than 1 modal administration or secretarial 
        office within the Department.
          (6) Project.--The term ``project'' means a highway 
        project, public transportation capital project, freight 
        or passenger rail project, or multimodal project.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


CHAPTER 3--GENERAL DUTIES AND POWERS

           *       *       *       *       *       *       *


SUBCHAPTER II--ADMINISTRATIVE

           *       *       *       *       *       *       *


Sec. 330. Research activities

  (a) In General.--The Secretary of Transportation may make 
contracts with educational institutions, public and private 
agencies and organizations, and persons for scientific or 
technological research into a problem related to programs 
carried out by the Secretary. Before making a contract, the 
Secretary must require the institution, agency, organization, 
or person to show that it is able to carry out the contract.
  (b) Responsibilities.--In carrying out this section, the 
Secretary shall--
          (1) give advice and assistance the Secretary believes 
        will best carry out the duties and powers of the 
        Secretary;
          (2) participate in coordinating all research started 
        under this section;
          (3) indicate the lines of inquiry most important to 
        the Secretary; and
          (4) encourage and assist in establishing and 
        maintaining cooperation by and between contractors and 
        between them and other research organizations, the 
        Department of Transportation, and other departments, 
        agencies, and instrumentalities of the United States 
        Government.
  (c) Publications.--The Secretary may distribute publications 
containing information the Secretary considers relevant to 
research carried out under this section.
  (d) Duties.--The Secretary shall provide for the following:
          (1) Coordination, facilitation, and review of 
        Department of Transportation research and development 
        programs and activities.
          (2) Advancement, and research and development, of 
        innovative technologies, including intelligent 
        transportation systems.
          (3) Comprehensive transportation statistics research, 
        analysis, and reporting.
          (4) Education and training in transportation and 
        transportation-related fields.
          (5) Activities of the Volpe National Transportation 
        Systems Center.
          (6) Coordination in support of multimodal and 
        multidisciplinary research activities.
  (e) Additional Authorities.--The Secretary may--
          (1) enter into grants and cooperative agreements with 
        Federal agencies, State and local government agencies, 
        other public entities, private organizations, and other 
        persons to conduct research into transportation service 
        and infrastructure assurance and to carry out other 
        research activities of the Department of 
        Transportation;
          (2) carry out, on a cost-shared basis, collaborative 
        research and development to encourage innovative 
        solutions to multimodal transportation problems and 
        stimulate the deployment of new technology with--
                  (A) non-Federal entities, including State and 
                local governments, foreign governments, 
                institutions of higher education, corporations, 
                institutions, partnerships, sole 
                proprietorships, and trade associations that 
                are incorporated or established under the laws 
                of any State;
                  (B) Federal laboratories; and
                  (C) other Federal agencies; and
          (3) directly initiate contracts, grants, cooperative 
        research and development agreements (as defined in 
        section 12(d) of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3710a(d))), and other 
        agreements to fund, and accept funds from, the 
        Transportation Research Board of the National 
        Academies, State departments of transportation, cities, 
        counties, institutions of higher education, 
        associations, and the agents of those entities to carry 
        out joint transportation research and technology 
        efforts.
  (f) Federal Share.--
          (1) In general.--Subject to paragraph (2), the 
        Federal share of the cost of an activity carried out 
        under subsection (e)(3) shall not exceed 50 percent.
          (2) Exception.--If the Secretary determines that the 
        activity is of substantial public interest or benefit, 
        the Secretary may approve a greater Federal share.
          (3) 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 described in subsection (e)(3).
  (g) Program Evaluation and Oversight.--For [each of fiscal 
years 2016 through 2020] each of fiscal years 2023 through 
2026, the Secretary is authorized to expend not more than 1 1/2 
percent of the amounts authorized to be appropriated for the 
coordination, evaluation, and oversight of the programs 
administered by the Office of the Assistant Secretary for 
Research and Technology.
  (h) Use of Technology.--The research, development, or use of 
a technology under a contract, grant, cooperative research and 
development agreement, or other agreement entered into under 
this section, including the terms under which the technology 
may be licensed and the resulting royalties may be distributed, 
shall be subject to the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3701 et seq.).
  (i) Waiver of Advertising Requirements.--Section 6101 of 
title 41 shall not apply to a contract, grant, or other 
agreement entered into under this section.

           *       *       *       *       *       *       *


             SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

Chapter                                                             Sec.
     * * * * * * *
6601Domestic Production of Electric Vehicles..........................

           *       *       *       *       *       *       *


            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL

Sec.
5101. Purpose.
     * * * * * * *
5129. Lithium battery approval.

           *       *       *       *       *       *       *


Sec. 5107. Hazmat employee training requirements and grants

  (a) Training Requirements.--The Secretary shall prescribe by 
regulation requirements for training that a hazmat employer 
must give hazmat employees of the employer on the safe loading, 
unloading, handling, storing, and transporting of hazardous 
material and emergency preparedness for responding to an 
accident or incident involving the transportation of hazardous 
material. The regulations--
          (1) shall establish the date, as provided by 
        subsection (b) of this section, by which the training 
        shall be completed; and
          (2) may provide for different training for different 
        classes or categories of hazardous material and hazmat 
        employees.
  (b) Beginning and Completing Training.--A hazmat employer 
shall begin the training of hazmat employees of the employer 
not later than 6 months after the Secretary prescribes the 
regulations under subsection (a) of this section. The training 
shall be completed within a reasonable period of time after--
          (1) 6 months after the regulations are prescribed; or
          (2) the date on which an individual is to begin 
        carrying out a duty or power of a hazmat employee if 
        the individual is employed as a hazmat employee after 
        the 6-month period.
  (c) Certification of Training.--After completing the 
training, each hazmat employer shall certify, with 
documentation the Secretary may require by regulation, that the 
hazmat employees of the employer have received training and 
have been tested on appropriate transportation areas of 
responsibility, including at least one of the following:
          (1) recognizing and understanding the Department of 
        Transportation hazardous material classification 
        system.
          (2) the use and limitations of the Department 
        hazardous material placarding, labeling, and marking 
        systems.
          (3) general handling procedures, loading and 
        unloading techniques, and strategies to reduce the 
        probability of release or damage during or incidental 
        to transporting hazardous material.
          (4) health, safety, and risk factors associated with 
        hazardous material and the transportation of hazardous 
        material.
          (5) appropriate emergency response and communication 
        procedures for dealing with an accident or incident 
        involving hazardous material transportation.
          (6) the use of the Department Emergency Response 
        Guidebook and recognition of its limitations or the use 
        of equivalent documents and recognition of the 
        limitations of those documents.
          (7) applicable hazardous material transportation 
        regulations.
          (8) personal protection techniques.
          (9) preparing a shipping document for transporting 
        hazardous material.
  (d) Coordination of Training Requirements.--In consultation 
with the Administrator of the Environmental Protection Agency 
and the Secretary of Labor, the Secretary shall ensure that the 
training requirements prescribed under this section do not 
conflict with or duplicate--
          (1) the requirements of regulations the Secretary of 
        Labor prescribes related to hazard communication, and 
        hazardous waste operations, and emergency response that 
        are contained in part 1910 of title 29, Code of Federal 
        Regulations; and
          (2) the regulations the Agency prescribes related to 
        worker protection standards for hazardous waste 
        operations that are contained in part 311 of title 40, 
        Code of Federal Regulations.
  (e) Training Grants.--
          (1) In general.--Subject to the availability of funds 
        under section 5128(c), the Secretary shall make grants 
        under this subsection--
                  (A) for training instructors to train hazmat 
                employees; and
                  (B) to the extent determined appropriate by 
                the Secretary, for such instructors to train 
                hazmat employees.
          (2) Eligibility.--A grant under this subsection shall 
        be made through a competitive process to a nonprofit 
        organization that demonstrates--
                  (A) expertise in conducting a training 
                program for hazmat employees; and
                  (B) the ability to reach and involve in a 
                training program a target population of hazmat 
                employees.
  (f) Training of Certain Employees.--The Secretary shall 
ensure that maintenance-of-way employees and railroad signalmen 
receive general awareness and familiarization training and 
safety training pursuant to section 172.704 of title 49, Code 
of Federal Regulations.
  (g) Relationship to Other Laws.--(1) Chapter 35 of title 44 
does not apply to an activity of the Secretary under 
subsections (a)-(d) of this section.
  (2) An action of the Secretary under subsections (a)-(d) of 
this section and section 5106 is not an exercise, under section 
4(b)(1) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 653(b)(1)), of statutory authority to prescribe or 
enforce standards or regulations affecting occupational safety 
or health.
  (h) Existing Effort.--No grant under subsection (e) shall 
supplant or replace existing employer-provided hazardous 
materials training efforts or obligations.
  (i) Community Safety Grants.--The Secretary shall establish a 
competitive program for making grants to nonprofit 
organizations for--
          (1) conducting national outreach and training 
        programs to assist communities in preparing for and 
        responding to accidents and incidents involving the 
        transportation of hazardous materials, including Class 
        3 flammable liquids by rail; and
          (2) training State and local personnel responsible 
        for enforcing the safe transportation of hazardous 
        materials, including Class 3 flammable liquids.
  (j) Assistance With Local Emergency Responder Training.--The 
Secretary shall establish a program to make grants, on a 
competitive basis, to nonprofit organizations to develop 
hazardous materials response training for emergency responders 
and make such training available electronically or in person.

           *       *       *       *       *       *       *


Sec. 5128. Authorization of appropriations

  (a) In General.--There are authorized to be appropriated to 
the Secretary to carry out this chapter (except sections 
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--
          [(1) $53,000,000 for fiscal year 2016;
          [(2) $55,000,000 for fiscal year 2017;
          [(3) $57,000,000 for fiscal year 2018;
          [(4) $58,000,000 for fiscal year 2019; and
          [(5) $60,000,000 for fiscal year 2020.]
          (1) $75,000,000 for fiscal year 2022;
          (2) $70,000,000 for fiscal year 2023;
          (3) $71,000,000 for fiscal year 2024;
          (4) $73,000,000 for fiscal year 2025; and
          (5) $74,000,000 for fiscal year 2026.
  (b) Hazardous Materials Emergency Preparedness Fund.--From 
the Hazardous Materials Emergency Preparedness Fund established 
under section 5116(h), the Secretary may expend, for each of 
[fiscal years 2016 through 2020] fiscal years 2022 through 
2026--
          (1) [$21,988,000] $24,025,000 to carry out section 
        5116(a);
          (2) $150,000 to carry out section 5116(e);
          (3) $625,000 to publish and distribute the Emergency 
        Response Guidebook under section 5116(h)(3); and
          (4) [$1,000,000] $2,000,000 to carry out section 
        5116(i).
  (c) Hazardous Materials Training Grants.--From the Hazardous 
Materials Emergency Preparedness Fund established pursuant to 
section 5116(h), the Secretary may expend [$4,000,000 for each 
of fiscal years 2016 through 2020] $5,000,000 for each of 
fiscal years 2022 through 2026 to carry out section 5107(e).
  (d) Community Safety Grants.--Of the amounts made available 
under subsection (a) to carry out this chapter, the Secretary 
shall withhold [$1,000,000 for each of fiscal years 2016 
through 2020] $4,000,000 for each of fiscal years 2022 through 
2026 to carry out section 5107(i).
  (e) Assistance With Local Emergency Responder Training 
Grants.--From the Hazardous Materials Emergency Preparedness 
Fund established under section 5116(h), the Secretary may 
expend $1,800,000 for each of fiscal years 2022 through 2026 to 
carry out the grant program under section 5107(j).
  [(e)] (f) Credits to Appropriations.--
          (1) Expenses.--In addition to amounts otherwise made 
        available to carry out this chapter, the Secretary may 
        credit amounts received from a State, Indian tribe, or 
        other public authority or private entity for expenses 
        the Secretary incurs in providing training to the 
        State, Indian tribe, authority, or entity.
          (2) Availability of amounts.--Amounts made available 
        under this section shall remain available until 
        expended.

Sec. 5129. Lithium battery approval

  (a) Approval to Transport Certain Batteries in Commerce.--A 
person may not transport in commerce a specified lithium 
battery that is determined by the Secretary to be a high safety 
or security risk unless--
          (1) the manufacturer of such battery receives an 
        approval from the Secretary; and
          (2) the manufacture of such battery meets the 
        requirements of this section and the regulations issued 
        under subsection (d).
  (b) Term of Approval.--An approval granted to a manufacturer 
under this section shall not exceed 5 years.
  (c) Approval Process.--To receive an approval for a specified 
lithium battery under this section, a manufacturer shall--
          (1) allow the Secretary, or an entity designated by 
        the Secretary, to inspect the applicant's manufacturing 
        process and procedures;
          (2) bear the cost of any inspection carried out under 
        paragraph (1); and
          (3) develop and implement, with respect to the 
        manufacture of such battery--
                  (A) a comprehensive quality management 
                program; and
                  (B) appropriate product identification, 
                marking, documentation, lifespan, and tracking 
                measures.
  (d) Regulations Required.--Not later than 2 years after the 
date of enactment of this section, the Secretary shall issue 
regulations to carry out this section. Such regulations shall 
include--
          (1) parameters for, and a process for receiving, an 
        approval under this section; and
          (2) a determination of the types of specified lithium 
        batteries that pose a high safety or security risk in 
        transport, including battery or cell type, size, and 
        energy storage capacity.
  (e) Rule of Construction.--Nothing in this section shall be 
construed--
          (1) to affect any provision, limitation, or 
        prohibition with respect to the transportation of a 
        specified lithium battery in effect as of the date of 
        enactment of this section; or
          (2) to authorize transportation of any such battery 
        if such transportation is not already authorized as of 
        the date of enactment of this section.
  (f) Specified Lithium Battery Defined.--In this section, the 
term ``specified lithium battery'' means--
          (1) a lithium ion cell or battery; or
          (2) a lithium metal cell or battery.

           *       *       *       *       *       *       *


                   CHAPTER 53--PUBLIC TRANSPORTATION

Sec.
5301. Policies and purposes.
     * * * * * * *
5308. Multi-jurisdictional bus frequency and ridership competitive 
          grants.
     * * * * * * *
5316. Mobility innovation.
     * * * * * * *
5320. Buy America.
     * * * * * * *
5328. Transit-supportive communities.
     * * * * * * *
5341. U.S. Employment Plan.

Sec. 5301. Policies and purposes

  (a) Declaration of Policy.--It is in the interest of the 
United States, including the economic interest of the United 
States, to foster the development and revitalization of public 
transportation systems with the cooperation of both public 
transportation companies and private companies engaged in 
public transportation.
  (b) General Purposes.--The purposes of this chapter are to--
          (1) provide funding to support public transportation;
          (2) improve the development and delivery of capital 
        projects;
          (3) establish standards for the state of good repair 
        of public transportation infrastructure and vehicles;
          (4) promote continuing, cooperative, and 
        comprehensive planning that improves the performance of 
        the transportation network;
          (5) establish a technical assistance program to 
        assist recipients under this chapter to more 
        effectively and efficiently provide public 
        transportation service;
          (6) continue Federal support for public 
        transportation providers to deliver high quality 
        service to all users, including individuals with 
        disabilities, seniors, and individuals who depend on 
        public transportation;
          (7) support research, development, demonstration, and 
        deployment projects dedicated to assisting in the 
        delivery of efficient and effective public 
        transportation service[; and];
          (8) promote the development of the public 
        transportation workforce[.];
          (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. 5302. Definitions

  Except as otherwise specifically provided, in this chapter 
the following definitions apply:
          (1) Associated transit improvement.--The term 
        ``associated transit improvement'' means, with respect 
        to any project or an area to be served by a project, 
        projects that are designed to enhance public 
        transportation service or use and that are physically 
        or functionally related to transit facilities. Eligible 
        projects are--
                  (A) historic preservation, rehabilitation, 
                and operation of historic public transportation 
                buildings, structures, and facilities 
                (including historic bus and railroad 
                facilities) intended for use in public 
                transportation service;
                  (B) bus shelters;
                  (C) functional landscaping and streetscaping, 
                including benches, trash receptacles, and 
                street lights;
                  (D) pedestrian access and walkways;
                  (E) bicycle access, including bicycle storage 
                shelters and parking facilities [and the 
                installation], the installation of equipment 
                for transporting bicycles on public 
                transportation vehicles, charging stations and 
                docks for electric micromobility devices, and 
                bikeshare projects;
                  (F) signage; or
                  (G) enhanced access for persons with 
                disabilities to public transportation.
          (2) Bus rapid transit system.--The term ``bus rapid 
        transit system'' means a bus transit system--
                  (A) in which the majority of each line 
                operates in a separated right-of-way dedicated 
                for public transportation use during peak 
                periods; and
                  (B) that includes features that emulate the 
                services provided by rail fixed guideway public 
                transportation systems, including--
                          (i) defined stations;
                          (ii) traffic signal priority for 
                        public transportation vehicles;
                          (iii) short headway bidirectional 
                        services for a substantial part of 
                        weekdays and weekend days; and
                          (iv) any other features the Secretary 
                        may determine are necessary to produce 
                        high-quality public transportation 
                        services that emulate the services 
                        provided by rail fixed guideway public 
                        transportation systems.
          (3) Capital project.--The term ``capital project'' 
        means a project for--
                  (A) acquiring, constructing, supervising, or 
                inspecting equipment or a facility for use in 
                public transportation, expenses incidental to 
                the acquisition or construction (including 
                designing, engineering, location surveying, 
                mapping, and acquiring rights-of-way), payments 
                for the capital portions of rail trackage 
                rights agreements, transit-related intelligent 
                transportation systems, relocation assistance, 
                acquiring replacement housing sites, and 
                acquiring, constructing, relocating, and 
                rehabilitating replacement housing;
                  (B) rehabilitating a bus;
                  (C) remanufacturing a bus;
                  (D) overhauling rail rolling stock;
                  (E) preventive maintenance;
                  (F) leasing equipment or a facility for use 
                in public transportation;
                  (G) a joint development improvement that--
                          (i) enhances economic development or 
                        incorporates private investment, such 
                        as commercial and residential 
                        development;
                          (ii)(I) enhances the effectiveness of 
                        public transportation and is related 
                        physically or functionally to public 
                        transportation; or
                          (II) establishes new or enhanced 
                        coordination between public 
                        transportation and other 
                        transportation;
                          [(iii) provides a fair share of 
                        revenue that will be used for public 
                        transportation;]
                          (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;
                          (iv) provides that a person making an 
                        agreement to occupy space in a facility 
                        constructed under this paragraph shall 
                        pay a fair share of the costs of the 
                        facility through rental payments and 
                        other means; and
                          (v) may include--
                                  (I) property acquisition;
                                  (II) demolition of existing 
                                structures;
                                  (III) site preparation;
                                  (IV) utilities;
                                  (V) building foundations;
                                  (VI) walkways;
                                  (VII) pedestrian and bicycle 
                                access to a public 
                                transportation facility;
                                  (VIII) construction, 
                                renovation, and improvement of 
                                intercity bus and intercity 
                                rail stations and terminals;
                                  (IX) renovation and 
                                improvement of historic 
                                transportation facilities;
                                  (X) open space;
                                  (XI) safety and security 
                                equipment and facilities 
                                (including lighting, 
                                surveillance, and related 
                                intelligent transportation 
                                system applications);
                                  (XII) facilities that 
                                incorporate community services 
                                such as daycare or health care;
                                  (XIII) a capital project for, 
                                and improving, equipment or a 
                                facility for an intermodal 
                                transfer facility or 
                                transportation mall; and
                                  (XIV) construction of space 
                                for commercial uses;
                  (H) the introduction of new technology, 
                through innovative and improved products, into 
                public transportation;
                  (I) the provision of nonfixed route 
                paratransit transportation services in 
                accordance with section 223 of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 
                12143), but only for grant recipients that are 
                in compliance with applicable requirements of 
                that Act, including both fixed route and demand 
                responsive service, and only for amounts--
                          (i) not to exceed 10 percent of such 
                        recipient's annual formula 
                        apportionment under sections 5307 and 
                        5311; or
                          (ii) not to exceed 20 percent of such 
                        recipient's annual formula 
                        apportionment under sections 5307 and 
                        5311, if, consistent with guidance 
                        issued by the Secretary, the recipient 
                        demonstrates that the recipient meets 
                        at least 2 of the following 
                        requirements:
                                  (I) Provides an active fixed 
                                route travel training program 
                                that is available for riders 
                                with disabilities.
                                  (II) Provides that all fixed 
                                route and paratransit operators 
                                participate in a passenger 
                                safety, disability awareness, 
                                and sensitivity training class 
                                on at least a biennial basis.
                                  (III) Has memoranda of 
                                understanding in place with 
                                employers and the American Job 
                                Center to increase access to 
                                employment opportunities for 
                                people with disabilities.
                  (J) establishing a debt service reserve, made 
                up of deposits with a bondholder's trustee, to 
                ensure the timely payment of principal and 
                interest on bonds issued by a grant recipient 
                to finance an eligible project under this 
                chapter;
                  (K) mobility management--
                          (i) consisting of short-range 
                        planning and management activities and 
                        projects for improving coordination 
                        among public transportation and other 
                        transportation service providers 
                        carried out by a recipient or 
                        subrecipient through an agreement 
                        entered into with a person, including a 
                        governmental entity, under this chapter 
                        (other than section 5309); but
                          (ii) excluding operating public 
                        transportation services;
                  (L) associated capital maintenance, 
                including--
                          (i) equipment, tires, tubes, and 
                        material, each costing at least .5 
                        percent of the current fair market 
                        value of rolling stock comparable to 
                        the rolling stock for which the 
                        equipment, tires, tubes, and material 
                        are to be used; and
                          (ii) reconstruction of equipment and 
                        material, each of which after 
                        reconstruction will have a fair market 
                        value of at least .5 percent of the 
                        current fair market value of rolling 
                        stock comparable to the rolling stock 
                        for which the equipment and material 
                        will be used;
                  (M) associated transit improvements[; or];
                  (N) technological changes or innovations to 
                modify low or [no emission] zero emission 
                vehicles [(as defined in section 5339(c)) or 
                facilities.] or facilities; or
                  (O) the employment of forensic consultants, 
                cybersecurity experts, or third-party 
                penetration testers to identify, evaluate, 
                test, and patch ransomware attack 
                vulnerabilities.
          (4) Designated recipient.--The term ``designated 
        recipient'' means--
                  (A) an entity designated, in accordance with 
                the planning process under sections 5303 and 
                5304, by the Governor of a State, responsible 
                local officials, and publicly owned operators 
                of public transportation, to receive and 
                apportion amounts under section 5336 to 
                urbanized areas of 200,000 or more in 
                population; or
                  (B) a State or regional authority, if the 
                authority is responsible under the laws of a 
                State for a capital project and for financing 
                and directly providing public transportation.
          (5) Disability.--The term ``disability'' has the same 
        meaning as in section 3(1) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102).
          (6) Emergency regulation.--The term ``emergency 
        regulation'' means a regulation--
                  (A) that is effective temporarily before the 
                expiration of the otherwise specified periods 
                of time for public notice and comment under 
                section 5334(c); and
                  (B) prescribed by the Secretary as the result 
                of a finding that a delay in the effective date 
                of the regulation--
                          (i) would injure seriously an 
                        important public interest;
                          (ii) would frustrate substantially 
                        legislative policy and intent; or
                          (iii) would damage seriously a person 
                        or class without serving an important 
                        public interest.
          (7) Fixed guideway.--The term ``fixed guideway'' 
        means a public transportation facility--
                  (A) using and occupying a separate right-of-
                way for the exclusive use of public 
                transportation;
                  (B) using rail;
                  (C) using a fixed catenary system;
                  (D) for a passenger ferry system; or
                  (E) for a bus rapid transit system.
          (8) Governor.--The term ``Governor''--
                  (A) means the Governor of a State, the mayor 
                of the District of Columbia, and the chief 
                executive officer of a territory of the United 
                States; and
                  (B) includes the designee of the Governor.
          (9) Job access and reverse commute project.--
                  (A) In general.--The term ``job access and 
                reverse commute project'' means a 
                transportation project to finance planning, 
                capital, and operating costs that support the 
                development and maintenance of transportation 
                services designed to transport welfare 
                recipients and eligible low-income individuals 
                to and from jobs and activities related to 
                their employment, including transportation 
                projects that facilitate the provision of 
                public transportation services from urbanized 
                areas and rural areas to suburban employment 
                locations.
                  (B) Definitions.--In this paragraph:
                          (i) Eligible low-income individual.--
                        The term ``eligible low-income 
                        individual'' means an individual whose 
                        family income is at or below 150 
                        percent 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.
                          (ii) Welfare recipient.--The term 
                        ``welfare recipient'' means an 
                        individual who has received assistance 
                        under a State or tribal program funded 
                        under part A of title IV of the Social 
                        Security Act (42 U.S.C. 601 et seq.) at 
                        any time during the 3-year period 
                        before the date on which the applicant 
                        applies for a grant under section 5307 
                        or 5311.
          (10) Local governmental authority.--The term ``local 
        governmental authority'' includes--
                  (A) a political subdivision of a State;
                  (B) an authority of at least 1 State or 
                political subdivision of a State;
                  (C) an Indian tribe; and
                  (D) a public corporation, board, or 
                commission established under the laws of a 
                State.
          (11) Low-income individual.--The term ``low-income 
        individual'' means an individual whose family income is 
        at or below 150 percent of the poverty line, as that 
        term is defined in section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)), including 
        any revision required by that section, for a family of 
        the size involved.
          (12) Net project cost.--The term ``net project cost'' 
        means the part of a project that reasonably cannot be 
        financed from revenues.
          (13) New bus model.--The term ``new bus model'' means 
        a bus model (including a model using alternative 
        fuel)--
                  (A) that has not been used in public 
                transportation in the United States before the 
                date of production of the model; or
                  (B) used in public transportation in the 
                United States, but being produced with a major 
                change in configuration or components.
          (14) Public transportation.--The term ``public 
        transportation''--
                  (A) means regular, continuing shared-ride 
                surface transportation services that are open 
                to the general public or open to a segment of 
                the general public defined by age, disability, 
                or low income; and
                  (B) does not include--
                          (i) intercity passenger rail 
                        transportation provided by the entity 
                        described in chapter 243 (or a 
                        successor to such entity);
                          (ii) intercity bus service;
                          (iii) charter bus service;
                          (iv) school bus service;
                          (v) sightseeing service;
                          (vi) courtesy shuttle service for 
                        patrons of one or more specific 
                        establishments; or
                          (vii) intra-terminal or intra-
                        facility shuttle services.
          (15) Regulation.--The term ``regulation'' means any 
        part of a statement of general or particular 
        applicability of the Secretary designed to carry out, 
        interpret, or prescribe law or policy in carrying out 
        this chapter.
          (16) Rural area.--The term ``rural area'' means an 
        area encompassing a population of less than 50,000 
        people that has not been designated in the most recent 
        decennial census as an ``urbanized area'' by the 
        Secretary of Commerce.
          (17) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (18) Senior.--The term ``senior'' means an individual 
        who is 65 years of age or older.
          (19) State.--The term ``State'' means a State of the 
        United States, the District of Columbia, Puerto Rico, 
        the Northern Mariana Islands, Guam, American Samoa, and 
        the Virgin Islands.
          (20) State of good repair.--The term ``state of good 
        repair'' has the meaning given that term by the 
        Secretary, by rule, under section 5326(b).
          (21) Transit.--The term ``transit'' means public 
        transportation.
          (22) Urban area.--The term ``urban area'' means an 
        area that includes a municipality or other built-up 
        place that the Secretary, after considering local 
        patterns and trends of urban growth, decides is 
        appropriate for a local public transportation system to 
        serve individuals in the locality.
          (23) Urbanized area.--The term ``urbanized area'' 
        means an area encompassing a population of not less 
        than 50,000 people that has been defined and designated 
        in the most recent decennial census as an ``urbanized 
        area'' by the Secretary of Commerce.
          (24) Value capture.--The term ``value capture'' means 
        recovering the increased property value to property 
        located near public transportation resulting from 
        investments in public transportation.
          (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. 5303. Metropolitan transportation planning

  (a) Policy.--It is in the national interest--
          [(1) to encourage and promote the safe and efficient 
        management, operation, and development of resilient 
        surface transportation systems that will serve the 
        mobility needs of people and freight and foster 
        economic growth and development within and between 
        States and urbanized areas, while minimizing 
        transportation-related fuel consumption and air 
        pollution through metropolitan and statewide 
        transportation planning processes identified in this 
        chapter; and]
          (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) to encourage the continued improvement and 
        evolution of the metropolitan and statewide 
        transportation planning processes by metropolitan 
        planning organizations, State departments of 
        transportation, and public transit operators as guided 
        by the planning factors identified in subsection (h) 
        and section 5304(d).
  (b) Definitions.--In this section and section 5304, the 
following definitions apply:
          (1) Metropolitan planning area.--The term 
        ``metropolitan planning area'' means the geographic 
        area determined by agreement between the metropolitan 
        planning organization for the area and the Governor 
        under subsection (e).
          (2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' means the policy 
        board of an organization established as a result of the 
        designation process under subsection (d).
          (3) Nonmetropolitan area.--The term ``nonmetropolitan 
        area'' means a geographic area outside designated 
        metropolitan planning areas.
          (4) Nonmetropolitan local official.--The term 
        ``nonmetropolitan local official'' means elected and 
        appointed officials of general purpose local government 
        in a nonmetropolitan area with responsibility for 
        transportation.
          (5) Regional transportation planning organization.--
        The term ``regional transportation planning 
        organization'' means a policy board of an organization 
        established as the result of a designation under 
        section 5304(l).
          (6) STIP.--The term ``STIP'' means a statewide 
        transportation improvement program developed by a State 
        under section 135(g).
          [(6)] (7) TIP.--The term ``TIP'' means a 
        transportation improvement program developed by a 
        metropolitan planning organization under subsection 
        (j).
          [(7)] (8) Urbanized area.--The term ``urbanized 
        area'' means a geographic area with a population of 
        50,000 or more, as determined by the Bureau of the 
        Census.
          (9) Maintenance area.--The term ``maintenance area'' 
        has the meaning given the term in sections 171(2) and 
        175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a).
  (c) General Requirements.--
          (1) Development of long-range plans and tips.--To 
        accomplish the objectives in subsection (a), 
        metropolitan planning organizations designated under 
        subsection (d), in cooperation with the State and 
        public transportation operators, shall develop long-
        range transportation plans [and transportation 
        improvement programs] and TIPs through a performance-
        driven, outcome-based approach to planning for 
        metropolitan areas of the State.
          (2) Contents.--The plans and TIPs for each 
        metropolitan area shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways, bicycle transportation facilities, and 
        intermodal facilities that support intercity 
        transportation, including intercity buses and intercity 
        bus facilities and commuter vanpool providers) that 
        will function as an intermodal transportation system 
        for the metropolitan planning area and as an integral 
        part of an intermodal transportation system for the 
        State and the United States.
          (3) Process of development.--The process for 
        developing the plans and TIPs shall provide for 
        consideration of all modes of transportation and shall 
        be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
          (4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider 
        direct and indirect emissions of greenhouse gases.
  (d) Designation of Metropolitan Planning Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a 
        metropolitan planning organization shall be designated 
        for each urbanized area with a population of more than 
        50,000 individuals--
                  (A) by agreement between the Governor and 
                units of general purpose local government that 
                together represent at least 75 percent of the 
                affected population (including the largest 
                incorporated city (based on population) as 
                determined by the Bureau of the Census); or
                  (B) in accordance with procedures established 
                by applicable State or local law.
          (2) Structure.--[Not later than 2 years after the 
        date of enactment of the Federal Public Transportation 
        Act of 2012, each] Each metropolitan planning 
        organization that serves an area designated as a 
        transportation management area shall consist of--
                  (A) local elected officials;
                  (B) officials of public agencies that 
                administer or operate major modes of 
                transportation in the metropolitan area, 
                including representation by providers of public 
                transportation; and
                  (C) appropriate State officials.
          (3) Representation.--
                  (A) In general.--Designation or selection of 
                officials or representatives under paragraph 
                (2) shall be determined by the metropolitan 
                planning organization according to the bylaws 
                or enabling statute of the organization.
                  (B) Public transportation representative.--
                Subject to the bylaws or enabling statute of 
                the metropolitan planning organization, a 
                representative of a provider of public 
                transportation may also serve as a 
                representative of a local municipality.
                  (C) Powers of certain officials.--An official 
                described in paragraph (2)(B) shall have 
                responsibilities, actions, duties, voting 
                rights, and any other authority commensurate 
                with other officials described in paragraph 
                (2).
                  (D) Equitable and proportional 
                representation.--
                          (i) In general.--In designating 
                        officials or representatives under 
                        paragraph (2), the metropolitan 
                        planning organization shall ensure the 
                        equitable and proportional 
                        representation of the population of the 
                        metropolitan planning area.
                          (ii) Savings clause.--Nothing in this 
                        paragraph shall require a metropolitan 
                        planning organization in existence on 
                        the date of enactment of this 
                        subparagraph to be restructured.
                          (iii) Redesignation.--Notwithstanding 
                        clause (ii), the requirements of this 
                        paragraph shall apply to any 
                        metropolitan planning organization 
                        redesignated under paragraph (6).
          (4) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to interfere with 
        the authority, under any State law in effect on 
        December 18, 1991, of a public agency with multimodal 
        transportation responsibilities--
                  (A) to develop the plans and TIPs for 
                adoption by a metropolitan planning 
                organization; and
                  (B) to develop long-range capital plans, 
                coordinate transit services and projects, and 
                carry out other activities pursuant to State 
                law.
          (5) Continuing designation.--A designation of a 
        metropolitan planning organization under this 
        subsection or any other provision of law shall remain 
        in effect until the metropolitan planning organization 
        is redesignated under paragraph (6).
          (6) Redesignation procedures.--
                  (A) In general.--A metropolitan planning 
                organization may be redesignated by agreement 
                between the Governor and units of general 
                purpose local government that together 
                represent at least 75 percent of the existing 
                planning area population (including the largest 
                incorporated city (based on population) as 
                determined by the Bureau of the Census) as 
                appropriate to carry out this section.
                  (B) Restructuring.--A metropolitan planning 
                organization may be restructured to meet the 
                requirements of [paragraph (2)] paragraphs (2) 
                or (3)(D) without undertaking a redesignation.
          (7) Designation of more than 1 metropolitan planning 
        organization.--More than 1 metropolitan planning 
        organization may be designated within [an existing 
        metropolitan planning area] an urbanized area only if 
        the Governor and the existing metropolitan planning 
        organization determine that the size and complexity of 
        [the existing metropolitan planning area] the area make 
        designation of more than 1 metropolitan planning 
        organization for the area appropriate.
  (e) Metropolitan Planning Area Boundaries.--
          (1) In general.--For the purposes of this section, 
        the boundaries of a metropolitan planning area shall be 
        determined by agreement between the metropolitan 
        planning organization and the Governor.
          (2) Included area.--Each metropolitan planning area--
                  (A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period for the transportation plan; and
                  (B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          (3) Identification of new urbanized areas within 
        existing planning area boundaries.--The designation by 
        the Bureau of the Census of new urbanized areas within 
        an existing metropolitan planning area shall not 
        require the redesignation of the existing metropolitan 
        planning organization.
          (4) Existing metropolitan planning areas in 
        nonattainment.--
                  (A) In general.--Notwithstanding paragraph 
                (2), except as provided in subparagraph (B), in 
                the case of an urbanized area designated as a 
                nonattainment area for ozone or carbon monoxide 
                under the Clean Air Act (42 U.S.C. 7401 et 
                seq.) as of the date of enactment of the 
                SAFETEA-LU, the boundaries of the metropolitan 
                planning area in existence as of such date of 
                enactment shall be retained.
                  (B) Exception.--The boundaries described in 
                subparagraph (A) may be adjusted by agreement 
                of the Governor and affected metropolitan 
                planning organizations in the manner described 
                in subsection (d)(6).
          (5) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after the date of enactment of the SAFETEA-
        LU, as a nonattainment area for ozone or carbon 
        monoxide, the boundaries of the metropolitan planning 
        area--
                  (A) shall be established in the manner 
                described in subsection (d)(1);
                  (B) shall encompass the areas described in 
                paragraph (2)(A);
                  (C) may encompass the areas described in 
                paragraph (2)(B); and
                  (D) may address any nonattainment area 
                identified under the Clean Air Act (42 U.S.C. 
                7401 et seq.) for ozone or carbon monoxide.
  (f) Coordination in Multistate Areas.--
          (1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a 
        multistate metropolitan area and the appropriate 
        metropolitan planning organizations to provide 
        coordinated transportation planning for the entire 
        metropolitan area.
          (2) Interstate compacts.--The consent of Congress is 
        granted to any 2 or more States--
                  (A) to enter into agreements or compacts, not 
                in conflict with any law of the United States, 
                for cooperative efforts and mutual assistance 
                in support of activities authorized under this 
                section as the activities pertain to interstate 
                areas and localities within the States; and
                  (B) to establish such agencies, joint or 
                otherwise, as the States may determine 
                desirable for making the agreements and 
                compacts effective.
          (3) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (g) MPO Consultation in Plan and TIP Coordination.--
          (1) Nonattainment areas.--If more than 1 metropolitan 
        planning organization has authority within [a 
        metropolitan area] an urbanized area or an area which 
        is designated as a nonattainment area for ozone or 
        carbon monoxide under the Clean Air Act (42 U.S.C. 7401 
        et seq.), each metropolitan planning organization shall 
        consult with the other metropolitan planning 
        organizations designated for such area and the State in 
        the coordination of plans and TIPs required by this 
        section.
          (2) Transportation improvements located in multiple 
        [mpos] metropolitan planning areas.--If a 
        transportation improvement, funded under this chapter 
        or title 23, is located within the boundaries of more 
        than 1 metropolitan planning area, the metropolitan 
        planning organizations shall coordinate plans and TIPs 
        regarding the transportation improvement.
          (3) Relationship with other planning officials.--
                  (A) In general.--The Secretary shall 
                encourage each metropolitan planning 
                organization to consult with officials 
                responsible for other types of planning 
                activities that are affected by transportation 
                in the area (including State and local planned 
                growth, economic development, tourism, natural 
                disaster risk reduction, emergency response and 
                evacuation, climate change adaptation and 
                resilience, environmental protection, airport 
                operations, and freight movements) or to 
                coordinate its planning process, to the maximum 
                extent practicable, with such planning 
                activities.
                  (B) Requirements.--Under the metropolitan 
                planning process, transportation plans and TIPs 
                shall be developed with due consideration of 
                other related planning activities within the 
                metropolitan area, and the process shall 
                provide for the design and delivery of 
                transportation services within the metropolitan 
                area that are provided by--
                          (i) recipients of assistance under 
                        this chapter;
                          (ii) governmental agencies and 
                        nonprofit organizations (including 
                        representatives of the agencies and 
                        organizations) that receive Federal 
                        assistance from a source other than the 
                        Department of Transportation to provide 
                        nonemergency transportation services; 
                        and
                          (iii) recipients of assistance under 
                        section 204 of title 23.
          (4) Coordination between mpos.--
                  (A) In general.--If more than one 
                metropolitan planning organization is 
                designated within an urbanized area under 
                subsection (d)(7), the metropolitan planning 
                organizations designated within the area shall 
                ensure, to the maximum extent practicable, the 
                consistency of any data used in the planning 
                process, including information used in 
                forecasting transportation demand.
                  (B) Savings clause.--Nothing in this 
                paragraph requires metropolitan planning 
                organizations designated within a single 
                urbanized area to jointly develop planning 
                documents, including a unified long-range 
                transportation plan or unified TIP.
  (h) Scope of Planning Process.--
          (1) In general.--The metropolitan planning process 
        for a metropolitan planning area under this section 
        shall provide for consideration of projects and 
        strategies that will--
                  (A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  (B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  (C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (D) increase the accessibility and mobility 
                of people and for freight;
                  [(E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;]
                  (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;
                  (F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes, for people and freight;
                  (G) promote efficient system management and 
                operation;
                  (H) emphasize the preservation of the 
                existing transportation system; [and]
                  (I) improve the resiliency and reliability of 
                the transportation system[.] and reduce or 
                mitigate stormwater, sea level rise, extreme 
                weather, and climate change impacts of surface 
                transportation;
                  (J) support emergency management, response, 
                and evacuation and hazard mitigation;
                  (K) improve the level of transportation 
                system access; and
                  (L) support inclusive zoning policies and 
                land use planning practices that incentivize 
                affordable, elastic, and diverse housing 
                supply, facilitate long-term economic growth by 
                improving the accessibility of housing to jobs, 
                and prevent high housing costs from displacing 
                economically disadvantaged households.
          (2) Performance-based approach.--
                  [(A) In general.--The metropolitan 
                transportation planning process shall provide 
                for the establishment and use of a performance-
                based approach to transportation decisionmaking 
                to support the national goals described in 
                section 150(b) of title 23 and the general 
                purposes described in section 5301.]
                  (A) In general.--Through the use of a 
                performance-based approach, transportation 
                investment decisions made as a part of the 
                metropolitan transportation planning process 
                shall support the national goals described in 
                section 150(b) of title 23, the achievement of 
                metropolitan and statewide targets established 
                under section 150(d) of title 23, the 
                improvement of transportation system access 
                (consistent with section 150(f)) of title 23, 
                and the general purposes described in section 
                5301 of this title.
                  (B) Performance targets.--
                          (i) Surface transportation 
                        performance targets.--
                                  (I) In general.--Each 
                                metropolitan planning 
                                organization shall establish 
                                performance targets that 
                                address the performance 
                                measures described in section 
                                150(c) of title 23, where 
                                applicable, to use in tracking 
                                progress towards attainment of 
                                critical outcomes for the 
                                region of the metropolitan 
                                planning organization.
                                  (II) Coordination.--Selection 
                                of performance targets by a 
                                metropolitan planning 
                                organization shall be 
                                coordinated with the relevant 
                                State to ensure consistency, to 
                                the maximum extent practicable.
                          (ii) Public transportation 
                        performance targets.--Selection of 
                        performance targets by a metropolitan 
                        planning organization shall be 
                        coordinated, to the maximum extent 
                        practicable, with providers of public 
                        transportation to ensure consistency 
                        with sections 5326(c) and 5329(d).
                  (C) Timing.--Each metropolitan planning 
                organization shall establish the performance 
                targets under subparagraph (B) not later than 
                180 days after the date on which the relevant 
                State or provider of public transportation 
                establishes the performance targets.
                  (D) Integration of other performance-based 
                plans.--A metropolitan planning organization 
                shall integrate in the metropolitan 
                transportation planning process, directly or by 
                reference, the goals, objectives, performance 
                measures, and targets described in other State 
                transportation plans and transportation 
                processes, as well as any plans developed by 
                recipients of assistance under this chapter, 
                required as part of a performance-based 
                program.
          (3) Failure to consider factors.--The failure to 
        consider any factor specified in paragraphs (1) and (2) 
        shall not be reviewable by any court under this 
        chapter, title 23, subchapter II of chapter 5 of title 
        5, or chapter 7 of title 5 in any matter affecting a 
        transportation plan, a TIP, a project or strategy, or 
        the certification of a planning process.
  (i) Development of Transportation Plan.--
          (1) Requirements.--
                  (A) In general.--Each metropolitan planning 
                organization shall prepare and update a 
                transportation plan for its metropolitan 
                planning area in accordance with the 
                requirements of this subsection.
                  (B) Frequency.--
                          (i) In general.--The metropolitan 
                        planning organization shall prepare and 
                        update such plan every 4 years (or more 
                        frequently, if the metropolitan 
                        planning organization elects to update 
                        more frequently) in the case of each of 
                        the following:
                                  (I) Any area designated as 
                                nonattainment, as defined in 
                                section 107(d) of the Clean Air 
                                Act (42 U.S.C. 7407(d)).
                                  (II) Any area that was 
                                nonattainment and subsequently 
                                designated to attainment in 
                                accordance with section 
                                107(d)(3) of that Act (42 
                                U.S.C. 7407(d)(3)) and that is 
                                subject to a maintenance plan 
                                under section 175A of that Act 
                                (42 U.S.C. 7505a).
                          (ii) Other areas.--In the case of any 
                        other area required to have a 
                        transportation plan in accordance with 
                        the requirements of this subsection, 
                        the metropolitan planning organization 
                        shall prepare and update such plan 
                        every 5 years unless the metropolitan 
                        planning organization elects to update 
                        more frequently.
          (2) Transportation plan.--A transportation plan under 
        this section shall be in a form that the Secretary 
        determines to be appropriate and shall contain, at a 
        minimum, the following:
                  (A) Identification of transportation 
                facilities.--
                          (i) In general.--An identification of 
                        transportation facilities (including 
                        major roadways, public transportation 
                        facilities, intercity bus facilities, 
                        multimodal and intermodal facilities, 
                        nonmotorized transportation facilities, 
                        and intermodal connectors) that should 
                        function as an integrated metropolitan 
                        transportation system, giving emphasis 
                        to those facilities that serve 
                        important national and regional 
                        transportation functions.
                          (ii) Factors.--In formulating the 
                        transportation plan, the metropolitan 
                        planning organization shall consider 
                        factors described in subsection (h) as 
                        the factors relate to a 20-year 
                        forecast period.
                  (B) Performance measures and targets.--A 
                description of the performance measures and 
                performance targets used in assessing the 
                performance of the transportation system in 
                accordance with subsection (h)(2).
                  (C) System performance report.--A system 
                performance report and subsequent updates 
                evaluating the condition and performance of the 
                transportation system with respect to the 
                performance targets described in subsection 
                (h)(2), including--
                          (i) progress achieved by the 
                        metropolitan planning organization in 
                        meeting the performance targets in 
                        comparison with system performance 
                        recorded in previous reports; and
                          (ii) for metropolitan planning 
                        organizations that voluntarily elect to 
                        develop multiple scenarios, an analysis 
                        of how the preferred scenario has 
                        improved the conditions and performance 
                        of the transportation system and how 
                        changes in local policies and 
                        investments have impacted the costs 
                        necessary to achieve the identified 
                        performance targets.
                  (D) Mitigation activities.--
                          (i) In general.--A long-range 
                        transportation plan shall include a 
                        discussion of types of potential 
                        environmental mitigation activities and 
                        potential areas to carry out these 
                        activities, including activities that 
                        may have the greatest potential to 
                        reduce greenhouse gas emissions and 
                        restore and maintain the environmental 
                        functions affected by the plan.
                          (ii) Consultation.--The discussion 
                        shall be developed in consultation with 
                        Federal, State, and tribal wildlife, 
                        land management, and regulatory 
                        agencies.
                  (E) Financial plan.--
                          (i) In general.--A financial plan 
                        that--
                                  (I) demonstrates how the 
                                adopted transportation plan can 
                                be implemented;
                                  (II) indicates resources from 
                                public and private sources that 
                                are reasonably expected to be 
                                made available to carry out the 
                                plan; and
                                  (III) recommends any 
                                additional financing strategies 
                                for needed projects and 
                                programs.
                          (ii) Inclusions.--The financial plan 
                        may include, for illustrative purposes, 
                        additional projects that would be 
                        included in the adopted transportation 
                        plan if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                          (iii) Cooperative development.--For 
                        the purpose of developing the 
                        transportation plan, the metropolitan 
                        planning organization, transit 
                        operator, and State shall cooperatively 
                        develop estimates of funds that will be 
                        available to support plan 
                        implementation.
                  (F) Operational and management strategies.--
                Operational and management strategies to 
                improve the performance of existing 
                transportation facilities to relieve vehicular 
                congestion and maximize the safety and mobility 
                of people and goods.
                  (G) Capital investment and other 
                strategies.--Capital investment and other 
                strategies to preserve the existing and 
                projected future metropolitan transportation 
                infrastructure, provide for multimodal capacity 
                increases based on regional priorities and 
                needs, and reduce the vulnerability of the 
                existing transportation infrastructure to 
                natural disasters and climate change.
                  (H) Transportation and transit enhancement 
                activities.--Proposed transportation and 
                transit enhancement activities, 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.
                  (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) at the discretion of 
                                the metropolitan planning 
                                organization, identifies 
                                evacuation routes, assesses the 
                                ability of any such routes to 
                                provide safe passage for 
                                evacuation, access to health 
                                care and public health 
                                facilities, and emergency 
                                response during an emergency 
                                event, and identifies any 
                                improvements or redundant 
                                facilities necessary to 
                                adequately facilitate safe 
                                passage;
                                  (IV) describes the 
                                metropolitan planning 
                                organization's adaptation and 
                                resilience improvement 
                                strategies that will inform the 
                                transportation investment 
                                decisions of the metropolitan 
                                planning organization; and
                                  (V) is consistent with and 
                                complementary of the State, 
                                Tribal, and local mitigation 
                                plans required under section 
                                322 of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 
                                5165).
                          (iv) Consultation.--The assessment 
                        described in this subparagraph shall be 
                        developed in consultation, as 
                        appropriate, with State, local, and 
                        Tribal officials responsible for land 
                        use, housing, resilience, hazard 
                        mitigation, and emergency management.
          (3) Coordination with clean air act agencies.--In 
        metropolitan areas that are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act (42 U.S.C. 
        7401 et seq.), the metropolitan planning organization 
        shall coordinate the development of a transportation 
        plan with the process for development of the 
        transportation control measures of the State 
        implementation plan required by that Act.
          (4) Optional scenario development.--
                  (A) In general.--A metropolitan planning 
                organization may, while fitting the needs and 
                complexity of its community, voluntarily elect 
                to develop multiple scenarios for consideration 
                as part of the development of the metropolitan 
                transportation plan, in accordance with 
                subparagraph (B).
                  (B) Recommended components.--A metropolitan 
                planning organization that chooses to develop 
                multiple scenarios under subparagraph (A) shall 
                be encouraged to consider--
                          (i) potential regional investment 
                        strategies for the planning horizon;
                          (ii) assumed distribution of 
                        population and employment;
                          (iii) a scenario that, to the maximum 
                        extent practicable, maintains baseline 
                        conditions for the performance measures 
                        identified in subsection (h)(2);
                          (iv) a scenario that improves the 
                        baseline conditions for as many of the 
                        performance measures identified in 
                        subsection (h)(2) as possible;
                          (v) revenue constrained scenarios 
                        based on the total revenues expected to 
                        be available over the forecast period 
                        of the plan; and
                          (vi) estimated costs and potential 
                        revenues available to support each 
                        scenario.
                  (C) Metrics.--In addition to the performance 
                measures identified in section 150(c) of title 
                23, metropolitan planning organizations may 
                evaluate scenarios developed under this 
                paragraph using locally-developed measures.
          (5) Consultation.--
                  (A) In general.--In each metropolitan area, 
                the metropolitan planning organization shall 
                consult, as appropriate, with State and local 
                agencies responsible for land use management, 
                natural resources, environmental protection, 
                conservation, air quality, public health, 
                housing, transportation, resilience, hazard 
                mitigation, emergency management, and historic 
                preservation concerning the development of a 
                long-range transportation plan.
                  [(B) Issues.--The consultation shall involve, 
                as appropriate--
                          [(i) comparison of transportation 
                        plans with State conservation plans or 
                        maps, if available; or
                          [(ii) comparison of transportation 
                        plans to inventories of natural or 
                        historic resources, if available.]
                  (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.
          (6) Participation by interested parties.--
                  (A) In general.--Each metropolitan planning 
                organization shall provide citizens, affected 
                public agencies, representatives of public 
                transportation employees, public ports, freight 
                shippers, providers of freight transportation 
                services, private providers of transportation 
                (including intercity bus operators, employer-
                based commuting programs, such as a carpool 
                program, vanpool program, transit benefit 
                program, parking cash-out program, shuttle 
                program, or telework program), representatives 
                of users of public transportation, 
                representatives of users of pedestrian walkways 
                and bicycle transportation facilities, 
                representatives of the disabled, and other 
                interested parties with a reasonable 
                opportunity to comment on the transportation 
                plan.
                  (B) Contents of participation plan.--A 
                participation plan--
                          (i) shall be developed in 
                        consultation with all interested 
                        parties; and
                          (ii) shall provide that all 
                        interested parties have reasonable 
                        opportunities to comment on the 
                        contents of the transportation plan.
                  [(C) Methods.--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).]
                  (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.
          (7) Publication.--A transportation plan involving 
        Federal participation shall be published or otherwise 
        made readily available by the metropolitan planning 
        organization for public review, including (to the 
        maximum extent practicable) in electronically 
        accessible formats and means, such as the World Wide 
        Web, approved by the metropolitan planning organization 
        and submitted for information purposes to the Governor 
        at such times and in such manner as the Secretary shall 
        establish.
          (8) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2)(E), a State or 
        metropolitan planning organization shall not be 
        required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under paragraph (2)(E).
  (j) Metropolitan TIP.--
          (1) Development.--
                  (A) In general.--In cooperation with the 
                State and any affected public transportation 
                operator, the metropolitan planning 
                organization designated for a metropolitan area 
                shall develop a TIP for the metropolitan 
                planning area that--
                          (i) contains projects consistent with 
                        the current metropolitan transportation 
                        plan;
                          (ii) reflects the investment 
                        priorities established in the current 
                        metropolitan transportation plan; and
                          (iii) once implemented, is designed 
                        to make progress toward achieving the 
                        performance targets established under 
                        subsection (h)(2).
                  (B) Opportunity for comment.--In developing 
                the TIP, the metropolitan planning 
                organization, in cooperation with the State and 
                any affected public transportation operator, 
                shall provide an opportunity for participation 
                by interested parties in the development of the 
                program, in accordance with subsection (i)(5).
                  (C) Funding estimates.--For the purpose of 
                developing the TIP, the metropolitan planning 
                organization, public transportation agency, and 
                State shall cooperatively develop estimates of 
                funds that are reasonably expected to be 
                available to support program implementation.
                  (D) Updating and approval.--The TIP shall 
                be--
                          (i) updated at least once every 4 
                        years; and
                          (ii) approved by the metropolitan 
                        planning organization and the Governor.
          (2) Contents.--
                  (A) Priority list.--The TIP shall include a 
                priority list of proposed [Federally] federally 
                supported projects and strategies to be carried 
                out within each 4-year period after the initial 
                adoption of the TIP.
                  (B) Financial plan.--The TIP shall include a 
                financial plan that--
                          (i) demonstrates how the TIP can be 
                        implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be available to carry out 
                        the program;
                          (iii) identifies innovative financing 
                        techniques to finance projects, 
                        programs, and strategies; and
                          (iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved TIP 
                        if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                  (C) Descriptions.--Each project in the TIP 
                shall include sufficient descriptive material 
                (such as type of work, termini, length, and 
                other similar factors) to identify the project 
                or phase of the project.
                  (D)  [Performance target achievement] 
                Performance management.--[The transportation 
                improvement program]
                          (i) In general._The TIP shall 
                        include, to the maximum extent 
                        practicable, a description of the 
                        anticipated effect of the 
                        transportation improvement program 
                        TIP toward achieving the performance 
                        targets established in the metropolitan 
                        transportation plan, linking investment 
                        priorities to those performance 
                        targets.
                          (ii) Transportation management 
                        areas.--For metropolitan planning areas 
                        that represent an urbanized area 
                        designated as a transportation 
                        management area under subsection (k), 
                        the TIP shall include--
                                  (I) a discussion of the 
                                anticipated effect of the TIP 
                                toward achieving the 
                                performance targets established 
                                in the metropolitan 
                                transportation plan, linking 
                                investment priorities to such 
                                performance targets; and
                                  (II) a description of how the 
                                anticipated effect of the TIP 
                                would improve the overall level 
                                of transportation system 
                                access, consistent with section 
                                150(f) of title 23.
          (3) Included projects.--
                  (A) Projects under this chapter and title 
                23.--A TIP developed under this subsection for 
                a metropolitan area shall include the projects 
                within the area that are proposed for funding 
                under this chapter and chapter 1 of title 23.
                  (B) Projects under chapter 2 of title 23.--
                          (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 of title 23 shall be 
                        identified individually in the 
                        [transportation improvement program] 
                        TIP.
                          (ii) Other projects.--Projects 
                        proposed for funding under chapter 2 of 
                        title 23 that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the [transportation 
                        improvement program] TIP.
                  (C) Consistency with long-range 
                transportation plan.--Each project shall be 
                consistent with the long-range transportation 
                plan developed under subsection (i) for the 
                area.
                  (D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project or the identified 
                phase within the time period contemplated for 
                completion of the project or the identified 
                phase.
                  (E) Resilience projects.--The TIP shall--
                          (i) identify any projects that 
                        address the vulnerabilities identified 
                        by the assessment in subsection 
                        (i)(2)(I)(iii); and
                          (ii) describe how each project 
                        identified under clause (i) would 
                        improve the resilience of the 
                        transportation system.
          (4) Notice and comment.--Before approving a TIP, a 
        metropolitan planning organization, in cooperation with 
        the State and any affected public transportation 
        operator, shall provide an opportunity for 
        participation by interested parties in the development 
        of the program, in accordance with subsection (i)(5).
          (5) Selection of projects.--
                  (A) In general.--Except as otherwise provided 
                in subsection (k)(4) and in addition to the TIP 
                development required under paragraph (1), the 
                selection of [Federally] federally funded 
                projects in metropolitan areas shall be carried 
                out, from the approved TIP--
                          (i) by--
                                  (I) in the case of projects 
                                under title 23, the State; and
                                  (II) in the case of projects 
                                under this chapter, the 
                                designated recipients of public 
                                transportation funding; and
                          (ii) in cooperation with the 
                        metropolitan planning organization.
                  (B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                TIP in place of another project in the program.
          (6) Selection of projects from illustrative list.--
                  (A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan 
                planning organization shall not be required to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv).
                  (B) Required action by the secretary.--Action 
                by the Secretary shall be required for a State 
                or metropolitan planning organization to select 
                any project from the illustrative list of 
                additional projects included in the financial 
                plan under paragraph (2)(B)(iv) for inclusion 
                in an approved TIP.
          (7) Publication.--
                  (A) Publication of tips.--A TIP involving 
                Federal participation shall be published or 
                otherwise made readily available by the 
                metropolitan planning organization for public 
                review.
                  (B) Publication of annual listings of 
                projects.--
                          (i) In general.--An annual listing of 
                        projects, including investments in 
                        pedestrian walkways and bicycle 
                        transportation facilities, for which 
                        Federal funds have been obligated in 
                        the preceding year shall be published 
                        or otherwise made available by the 
                        cooperative effort of the State, 
                        transit operator, and metropolitan 
                        planning organization for public 
                        review.
                          (ii) Requirement.--The listing shall 
                        be consistent with the categories 
                        identified in the TIP.
  (k) Transportation Management Areas.--
          (1) Identification and designation.--
                  (A) Required identification.--The Secretary 
                shall identify as a transportation management 
                area each urbanized area (as defined by the 
                Bureau of the Census) with a population of over 
                200,000 individuals.
                  (B) Designations on request.--The Secretary 
                shall designate any additional area as a 
                transportation management area on the request 
                of the Governor and the metropolitan planning 
                organization designated for the area.
          (2) Transportation plans.--In a transportation 
        management area, transportation plans shall be based on 
        a continuing and comprehensive transportation planning 
        process carried out by the metropolitan planning 
        organization in cooperation with the State and public 
        transportation operators.
          (3) Congestion management process.--
                  (A) In general.--Within a metropolitan 
                planning area serving a transportation 
                management area, the transportation planning 
                process under this section [shall address 
                congestion management] shall address--
                          (i) congestion management  through a 
                        process that provides for effective 
                        management and operation, based on a 
                        cooperatively developed and implemented 
                        metropolitan-wide strategy, of new and 
                        existing transportation facilities 
                        eligible for funding under this chapter 
                        and title 23 through the use of travel 
                        demand reduction (including intercity 
                        bus operators, employer-based commuting 
                        programs, such as a carpool program, 
                        vanpool program, transit benefit 
                        program, parking cash-out program, 
                        shuttle program, or telework program), 
                        job access projects, and operational 
                        management strategies[.]; and
                          (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.
                  (B) Schedule.--The Secretary shall establish 
                an appropriate phase-in schedule for compliance 
                with the requirements of this section but no 
                sooner than 1 year after the identification of 
                a transportation management area.
                  (C) Congestion management plan.--A 
                metropolitan planning organization serving a 
                transportation management area may develop a 
                plan that includes projects and strategies that 
                will be considered in the TIP of such 
                metropolitan planning organization. Such plan 
                shall--
                          (i) develop regional goals to reduce 
                        vehicle miles traveled during peak 
                        commuting hours and improve 
                        transportation connections between 
                        areas with high job concentration and 
                        areas with high concentrations of low-
                        income households;
                          (ii) identify existing public 
                        transportation services, employer-based 
                        commuter programs, and other existing 
                        transportation services that support 
                        access to jobs in the region; and
                          (iii) identify proposed projects and 
                        programs to reduce congestion and 
                        increase job access opportunities.
                  (D) Participation.--In developing the plan 
                under subparagraph (C), a metropolitan planning 
                organization shall consult with employers, 
                private and non-profit providers of public 
                transportation, transportation management 
                organizations, and organizations that provide 
                job access reverse commute projects or job-
                related services to low-income individuals.
          (4) Selection of projects.--
                  (A) In general.--All [Federally] federally 
                funded projects carried out within the 
                boundaries of a metropolitan planning area 
                serving a transportation management area under 
                title 23 (excluding projects carried out on the 
                National Highway System) or under this chapter 
                shall be selected for implementation from the 
                approved TIP by the metropolitan planning 
                organization designated for the area in 
                consultation with the State and any affected 
                public transportation operator.
                  (B) National highway system projects.--
                Projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area on the National 
                Highway System shall be selected for 
                implementation from the approved TIP by the 
                State in cooperation with the metropolitan 
                planning organization designated for the area.
          (5) Certification.--
                  (A) In general.--The Secretary shall--
                          (i) ensure that the metropolitan 
                        planning process of a metropolitan 
                        planning organization serving a 
                        transportation management area is being 
                        carried out in accordance with 
                        applicable provisions of Federal law; 
                        and
                          (ii) subject to subparagraph (B), 
                        certify, not less often than once every 
                        4 years, that the requirements of this 
                        paragraph are met with respect to the 
                        metropolitan planning process.
                  (B) Requirements for certification.--The 
                Secretary may make the certification under 
                subparagraph (A) if--
                          (i) the transportation planning 
                        process complies with the requirements 
                        of this section and other applicable 
                        requirements of Federal law[; and];
                          (ii) there is a TIP for the 
                        metropolitan planning area that has 
                        been approved by the metropolitan 
                        planning organization and the 
                        Governor[.]; and
                          (iii) the TIP approved under clause 
                        (ii) makes progress towards improving 
                        the level of transportation system 
                        access, consistent with section 150(f) 
                        of title 23.
                  (C) Effect of failure to certify.--
                          (i) Withholding of project funds.--If 
                        a metropolitan planning process of a 
                        metropolitan planning organization 
                        serving a transportation management 
                        area is not certified, the Secretary 
                        may withhold up to 20 percent of the 
                        funds attributable to the metropolitan 
                        planning area of the metropolitan 
                        planning organization for projects 
                        funded under this chapter and title 23.
                          (ii) Restoration of withheld funds.--
                        The withheld funds shall be restored to 
                        the metropolitan planning area at such 
                        time as the metropolitan planning 
                        process is certified by the Secretary.
                  (D) Review of certification.--In making 
                certification determinations under this 
                paragraph, the Secretary shall provide for 
                public involvement appropriate to the 
                metropolitan area under review.
  (l) Report on Performance-based Planning Processes.--
          (1) In general.--The Secretary shall submit to 
        Congress a report on the effectiveness of the 
        performance-based planning processes of metropolitan 
        planning organizations under this section, taking into 
        consideration the requirements of this subsection.
          (2) Report.--Not later than [5 years after the date 
        of enactment of the Federal Public Transportation Act 
        of 2012] 2 years after the date of enactment of the 
        INVEST in America Act, and every 2 years thereafter, 
        the Secretary shall submit to Congress a report 
        evaluating--
                  (A) the overall effectiveness of performance-
                based planning as a tool for guiding 
                transportation investments;
                  (B) the effectiveness of the performance-
                based planning process of each metropolitan 
                planning organization under this section;
                  (C) the extent to which metropolitan planning 
                organizations have achieved, or are currently 
                making substantial progress toward achieving, 
                the performance targets specified under this 
                section [and whether metropolitan planning 
                organizations are developing meaningful 
                performance targets; and];
                  [(D) the technical capacity of metropolitan 
                planning organizations that operate within a 
                metropolitan planning area with a population of 
                200,000 or less and their ability to carry out 
                the requirements of this section.]
                  (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.
          (3) Publication.--The report under paragraph (2) 
        shall be published or otherwise made available in 
        electronically accessible formats and means, including 
        on the Internet.
  (m) Abbreviated Plans for Certain Areas.--
          (1) In general.--Subject to paragraph (2), in the 
        case of a metropolitan area not designated as a 
        transportation management area under this section, the 
        Secretary may provide for the development of an 
        abbreviated transportation plan and TIP for the 
        metropolitan planning area that the Secretary 
        determines is appropriate to achieve the purposes of 
        this section, taking into account the complexity of 
        transportation problems in the area.
          (2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans or TIPs for a metropolitan 
        area that is in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.).
  (n) Additional Requirements for Certain Nonattainment 
Areas.--
          (1) In general.--Notwithstanding any other provisions 
        of this chapter or title 23, for transportation 
        management areas classified as nonattainment for ozone 
        or carbon monoxide pursuant to the Clean Air Act (42 
        U.S.C. 7401 et seq.), Federal funds may not be advanced 
        in such area for any highway project that will result 
        in a significant increase in the carrying capacity for 
        single-occupant vehicles unless the project is 
        addressed through a congestion management process.
          (2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (e).
  (o) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under this chapter or title 23.
  (p) Funding.--Funds apportioned under [section 104(b)(5)] 
section 104(b)(6) of title 23 or section 5305(g) shall be 
available to carry out this section.
  (q) Continuation of Current Review Practice.--Since plans and 
TIPs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects 
included in plans and TIPs are subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and since decisions by the Secretary concerning plans 
and TIPs described in this section have not been reviewed under 
that Act as of January 1, 1997, any decision by the Secretary 
concerning a plan or TIP described in this section shall not be 
considered to be a Federal action subject to review under that 
Act.
  (r) Bi-State Metropolitan Planning Organization.--
          (1) Definition of bi-state mpo region.--In this 
        subsection, the term ``Bi-State Metropolitan Planning 
        Organization'' has the meaning given the term 
        ``region'' in subsection (a) of Article II of the Lake 
        Tahoe Regional Planning Compact (Public Law 96-551; 94 
        Stat. 3234).
          (2) Treatment.--For the purpose of this title, the 
        Bi-State Metropolitan Planning Organization shall be 
        treated as--
                  (A) a metropolitan planning organization;
                  (B) a transportation management area under 
                subsection (k); and
                  (C) an urbanized area, which is comprised of 
                a population of 145,000 and 25 square miles of 
                land area and 25 square miles of land area in 
                the State of California and a population of 
                65,000 and 12 square miles of land area and 12 
                square miles of land area in the State of 
                Nevada.

Sec. 5304. Statewide and nonmetropolitan transportation planning

  (a) General Requirements.--
          (1) Development of plans and programs.--Subject to 
        section 5303, to accomplish the objectives stated in 
        section 5303(a), each State shall develop a statewide 
        transportation plan and a [statewide transportation 
        improvement program] STIP for all areas of the State.
          (2) Contents.--[The statewide transportation plan and 
        the]
                  (A)  In general._The statewide transportation 
                plan and the  [transportation improvement 
                program] STIP developed for each State shall 
                provide for the development and integrated 
                management and operation of transportation 
                systems and facilities (including accessible 
                pedestrian walkways, bicycle transportation 
                facilities, and intermodal facilities that 
                support intercity transportation, including 
                intercity buses and intercity bus facilities 
                and commuter vanpool providers) that will 
                function as an intermodal transportation system 
                for the State and an integral part of an 
                intermodal transportation system for the United 
                States.
                  (B) Consideration.--In developing the 
                statewide transportation plans and STIPs, 
                States shall consider direct and indirect 
                emissions of greenhouse gases.
          (3) Process of development.--The process for 
        developing the statewide plan and the [transportation 
        improvement program] STIP shall provide for 
        consideration of all modes of transportation and the 
        policies stated in section 5303(a) and shall be 
        continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  (b) Coordination With Metropolitan Planning; State 
Implementation Plan.--A State shall--
          (1) coordinate planning carried out under this 
        section with the transportation planning activities 
        carried out under section 5303 for metropolitan areas 
        of the State and with statewide trade and economic 
        development planning activities and related multistate 
        planning efforts; and
          (2) develop the transportation portion of the State 
        implementation plan as required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
  (c) Interstate Agreements.--
          (1) In general.--Two or more States may enter into 
        agreements or compacts, not in conflict with any law of 
        the United States, for cooperative efforts and mutual 
        assistance in support of activities authorized under 
        this section related to interstate areas and localities 
        in the States and establishing authorities the States 
        consider desirable for making the agreements and 
        compacts effective.
          (2) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  (d) Scope of Planning Process.--
          (1) In general.--Each State shall carry out a 
        statewide transportation planning process that provides 
        for consideration and implementation of projects, 
        strategies, and services that will--
                  (A) support the economic vitality of the 
                United States, the States, nonmetropolitan 
                areas, and metropolitan areas, especially by 
                enabling global competitiveness, productivity, 
                and efficiency;
                  (B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                  (C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (D) increase the accessibility and mobility 
                of people and freight;
                  (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;
                  (F) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes throughout the State, for people 
                and freight;
                  (G) promote efficient system management and 
                operation;
                  (H) emphasize the preservation of the 
                existing transportation system; [and]
                  (I) improve the resiliency and reliability of 
                the transportation system[.] and reduce or 
                mitigate stormwater, sea level rise, extreme 
                weather, and climate change impacts of surface 
                transportation;
                  (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.
          (2) Performance-based approach.--
                  [(A) In general.--The statewide 
                transportation planning process shall provide 
                for the establishment and use of a performance-
                based approach to transportation decisionmaking 
                to support the national goals described in 
                section 150(b) of title 23 and the general 
                purposes described in section 5301.]
                  (A) In general.--Through the use of a 
                performance-based approach, transportation 
                investment decisions made as a part of the 
                statewide transportation planning process shall 
                support--
                          (i) the national goals described in 
                        section 150(b) of title 23;
                          (ii) the consideration of 
                        transportation system access 
                        (consistent with section 150(f) of 
                        title 23);
                          (iii) the achievement of statewide 
                        targets established under section 
                        150(d) of title 23; and
                          (iv) the general purposes described 
                        in section 5301 of this title.
                  (B) Performance targets.--
                          (i) Surface transportation 
                        performance targets.--
                                  (I) In general.--Each State 
                                shall establish performance 
                                targets that address the 
                                performance measures described 
                                in section 150(c) of title 23, 
                                where applicable, to use in 
                                tracking progress towards 
                                attainment of critical outcomes 
                                for the State.
                                  (II) Coordination.--Selection 
                                of performance targets by a 
                                State shall be coordinated with 
                                the relevant metropolitan 
                                planning organizations to 
                                ensure consistency, to the 
                                maximum extent practicable.
                          (ii) Public transportation 
                        performance targets.--In areas with a 
                        population of fewer than 200,000 
                        individuals, as calculated according to 
                        the most recent decennial census, and 
                        not represented by a metropolitan 
                        planning organization, selection of 
                        performance targets by a State shall be 
                        coordinated, to the maximum extent 
                        practicable, with providers of public 
                        transportation to ensure consistency 
                        with sections 5326(c) and 5329(d).
                  (C) Integration of other performance-based 
                plans.--A State shall integrate into the 
                statewide transportation planning process, 
                directly or by reference, the goals, 
                objectives, performance measures, and targets 
                described in this paragraph, in other State 
                transportation plans and transportation 
                processes, as well as any plans developed 
                pursuant to title 23 by providers of public 
                transportation in areas with a population of 
                fewer than 200,000 individuals, as calculated 
                according to the most recent decennial census, 
                and not represented by a metropolitan planning 
                organization, required as part of a 
                performance-based program.
                  (D) Use of performance measures and 
                targets.--The performance measures and targets 
                established under this paragraph shall be 
                considered by a State when developing policies, 
                programs, and investment priorities reflected 
                in the statewide transportation plan and 
                [statewide transportation improvement program] 
                STIP.
          (3) Failure to consider factors.--The failure to take 
        into consideration the factors specified in paragraphs 
        (1) and (2) shall not be subject to review by any court 
        under this chapter, title 23, subchapter II of chapter 
        5 of title 5, or chapter 7 of title 5 in any matter 
        affecting a statewide transportation plan, a [statewide 
        transportation improvement program] STIP, a project or 
        strategy, or the certification of a planning process.
  (e) Additional Requirements.--``In carrying out planning 
under this section, each State shall, at a minimum--
          (1) with respect to nonmetropolitan areas, cooperate 
        with affected local officials with responsibility for 
        transportation or, if applicable, through regional 
        transportation planning organizations described in 
        subsection (l);
          (2) consider the concerns of Indian tribal 
        governments and Federal land management agencies that 
        have jurisdiction over land within the boundaries of 
        the State; and
          (3) consider coordination of transportation plans, 
        the [transportation improvement program] STIP, and 
        planning activities with related planning activities 
        being carried out outside of metropolitan planning 
        areas and between States.
  (f) Long-Range Statewide Transportation Plan.--
          (1) Development.--Each State shall develop a long-
        range statewide transportation plan, with a minimum 20-
        year forecast period for all areas of the State, that 
        provides for the development and implementation of the 
        intermodal transportation system of the State.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--The statewide 
                transportation plan shall be developed for each 
                metropolitan area in the State in cooperation 
                with the metropolitan planning organization 
                designated for the metropolitan area under 
                section 5303.
                  (B) Nonmetropolitan areas.--
                          (i) In general.--With respect to 
                        nonmetropolitan areas, the statewide 
                        transportation plan shall be developed 
                        in cooperation with affected 
                        nonmetropolitan officials with 
                        responsibility for transportation or, 
                        if applicable, through regional 
                        transportation planning organizations 
                        described in subsection (l).
                          (ii) Role of secretary.--The 
                        Secretary shall not review or approve 
                        the consultation process in each State.
                  (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the statewide 
                transportation plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
                  (D) Consultation, comparison, and 
                consideration.--
                          (i) In general.--The long-range 
                        transportation plan shall be developed, 
                        as appropriate, in consultation with 
                        State, tribal, and local agencies 
                        responsible for land use management, 
                        natural resources, environmental 
                        protection, conservation, air quality, 
                        public health, housing, transportation, 
                        resilience, hazard mitigation, 
                        emergency management, and historic 
                        preservation.
                          [(ii) Comparison and consideration.--
                        Consultation under clause (i) shall 
                        involve comparison of transportation 
                        plans to State and tribal conservation 
                        plans or maps, if available, and 
                        comparison of transportation plans to 
                        inventories of natural or historic 
                        resources, if available.]
                          (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.
          (3) Participation by interested parties.--
                  (A) In general.--In developing the statewide 
                transportation plan, the State shall provide 
                to--
                          (i) nonmetropolitan local elected 
                        officials, or, if applicable, through 
                        regional transportation planning 
                        organizations described in subsection 
                        (l), an opportunity to participate in 
                        accordance with subparagraph (B)(i); 
                        and
                          (ii) citizens, affected public 
                        agencies, representatives of public 
                        transportation employees, public ports, 
                        freight shippers, private providers of 
                        transportation (including intercity bus 
                        operators, employer-based commuting 
                        programs, such as a carpool program, 
                        vanpool program, transit benefit 
                        program, parking cash-out program, 
                        shuttle program, or telework program), 
                        representatives of users of public 
                        transportation, representatives of 
                        users of pedestrian walkways and 
                        bicycle transportation facilities, 
                        representatives of the disabled, 
                        providers of freight transportation 
                        services, and other interested parties 
                        a reasonable opportunity to comment on 
                        the proposed plan.
                  (B) Methods.--[In carrying out]
                          (i) In general._in carrying out  
                        subparagraph (A), the State shall, to 
                        the maximum extent practicable--
                                  [(i)] (I) develop and 
                                document a consultative process 
                                to carry out subparagraph 
                                (A)(i) that is separate and 
                                discrete from the public 
                                involvement process developed 
                                under clause (ii);
                                  [(ii)] (II) hold any public 
                                meetings at convenient and 
                                accessible locations and times;
                                  [(iii)] (III) employ 
                                visualization techniques to 
                                describe plans; and
                                  [(iv)] (IV) 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 
                        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.
          (4) Mitigation activities.--
                  (A) In general.--A long-range transportation 
                plan shall include a discussion of potential 
                environmental mitigation activities and 
                potential areas to carry out these activities, 
                including activities that may have the greatest 
                potential to reduce greenhouse gas emissions 
                and restore and maintain the environmental 
                functions affected by the plan.
                  (B) Consultation.--The discussion shall be 
                developed in consultation with Federal, State, 
                and tribal wildlife, land management, and 
                regulatory agencies.
          (5) Financial plan.--The statewide transportation 
        plan may include--
                  (A) a financial plan that--
                          (i) demonstrates how the adopted 
                        statewide transportation plan can be 
                        implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be made available to carry 
                        out the plan; and
                          (iii) recommends any additional 
                        financing strategies for needed 
                        projects and programs; and
                  (B) for illustrative purposes, additional 
                projects that would be included in the adopted 
                statewide transportation plan if reasonable 
                additional resources beyond those identified in 
                the financial plan were available.
          (6) Selection of projects from illustrative list.--A 
        State shall not be required to select any project from 
        the illustrative list of additional projects included 
        in the financial plan described in paragraph (5).
          (7) Performance-based approach.--The statewide 
        transportation plan should include--
                  (A) a description of the performance measures 
                and performance targets used in assessing the 
                performance of the transportation system in 
                accordance with subsection (d)(2); and
                  (B) a system performance report and 
                subsequent updates evaluating the condition and 
                performance of the transportation system with 
                respect to the performance targets described in 
                subsection (d)(2), including progress achieved 
                by the metropolitan planning organization in 
                meeting the performance targets in comparison 
                with system performance recorded in previous 
                reports;
          (8) Existing system.--The statewide transportation 
        plan should include capital, operations and management 
        strategies, investments, procedures, and other measures 
        to ensure the preservation and most efficient use of 
        the existing transportation system 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.
          (9) Publication of long-range transportation plans.--
        Each long-range transportation plan prepared by a State 
        shall be published or otherwise made available, 
        including (to the maximum extent practicable) in 
        electronically accessible formats and means, such as 
        the World Wide Web.
          (10) Climate change and resilience.--
                  (A) In general.--The transportation planning 
                process shall assess strategies to reduce the 
                climate change impacts of the surface 
                transportation system and conduct a 
                vulnerability assessment to identify 
                opportunities to enhance the resilience of the 
                surface transportation system and ensure the 
                efficient use of Federal resources.
                  (B) Climate change mitigation and impacts.--A 
                long-range transportation plan shall--
                          (i) identify investments and 
                        strategies to reduce transportation-
                        related sources of greenhouse gas 
                        emissions per capita;
                          (ii) identify investments and 
                        strategies to manage transportation 
                        demand and increase the rates of public 
                        transportation ridership, walking, 
                        bicycling, and carpools; and
                          (iii) recommend zoning and other land 
                        use policies that would support infill, 
                        transit-oriented development, and mixed 
                        use development.
                  (C) Vulnerability assessment.--A long-range 
                transportation plan shall incorporate a 
                vulnerability assessment that--
                          (i) includes a risk-based assessment 
                        of vulnerabilities of critical 
                        transportation assets and systems to 
                        covered events (as such term is defined 
                        in section 124 of title 23);
                          (ii) considers, as applicable, the 
                        risk management analysis in the State's 
                        asset management plan developed 
                        pursuant to section 119 of title 23, 
                        and the State's evaluation of 
                        reasonable alternatives to repeatedly 
                        damaged facilities conducted under part 
                        667 of title 23, Code of Federal 
                        Regulations;
                          (iii) identifies evacuation routes, 
                        assesses the ability of any such routes 
                        to provide safe passage for evacuation, 
                        access to health care and public health 
                        facilities, and emergency response 
                        during an emergency event, and 
                        identifies any improvements or 
                        redundant facilities necessary to 
                        adequately facilitate safe passage;
                          (iv) describes the State's adaptation 
                        and resilience improvement strategies 
                        that will inform the transportation 
                        investment decisions of the State; and
                          (v) is consistent with and 
                        complementary of the State, Tribal, and 
                        local mitigation plans required under 
                        section 322 of the Robert T. Stafford 
                        Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5165).
                  (D) Consultation.--The assessment described 
                in this paragraph shall be developed in 
                consultation with, as appropriate, metropolitan 
                planning organizations and State, local, and 
                Tribal officials responsible for land use, 
                housing, resilience, hazard mitigation, and 
                emergency management.
  (g) Statewide Transportation Improvement Program.--
          (1) Development.--
                  (A) In general.--Each State shall develop a 
                [statewide transportation improvement program] 
                STIP for all areas of the State.
                  (B) Duration and updating of program.--Each 
                program developed under subparagraph (A) shall 
                cover a period of 4 years and shall be updated 
                every 4 years or more frequently if the 
                Governor of the State elects to update more 
                frequently.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--With respect to each 
                metropolitan area in the State, the program 
                shall be developed in cooperation with the 
                metropolitan planning organization designated 
                for the metropolitan area under section 5303.
                  (B) Nonmetropolitan areas.--
                          (i) In general.--With respect to each 
                        nonmetropolitan area in the State, the 
                        program shall be developed in 
                        cooperation with affected 
                        nonmetropolitan local officials with 
                        responsibility for transportation or, 
                        if applicable, through regional 
                        transportation planning organizations 
                        described in subsection (l).
                          (ii) Role of secretary.--The 
                        Secretary shall not review or approve 
                        the specific consultation process in 
                        the State.
                  (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the program 
                shall be developed in consultation with the 
                tribal government and the Secretary of the 
                Interior.
          (3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, freight shippers, 
        private providers of transportation, providers of 
        freight transportation services, representatives of 
        users of public transportation, representatives of 
        users of pedestrian walkways and bicycle transportation 
        facilities, representatives of the disabled, and other 
        interested parties with a reasonable opportunity to 
        comment on the proposed program.
          (4)  [Performance target achievement] Performance 
        management.--A [statewide transportation improvement 
        program shall include, to the maximum extent 
        practicable, a discussion] STIP shall include--
                  (A)a discussion  of the anticipated effect of 
                the [statewide transportation improvement 
                program] STIP toward achieving the performance 
                targets established in the statewide 
                transportation plan, linking investment 
                priorities to those performance targets[.]; and
                  (B) a consideration of the anticipated effect 
                of the STIP on the overall level of 
                transportation system access, consistent with 
                section 150(f) of title 23.
          (5) Included projects.--
                  (A) In general.--A [transportation 
                improvement program] STIP developed under this 
                subsection for a State shall include Federally 
                supported surface transportation expenditures 
                within the boundaries of the State.
                  (B) Listing of projects.--
                          (i) In general.--An annual listing of 
                        projects for which funds have been 
                        obligated for the preceding year in 
                        each metropolitan planning area shall 
                        be published or otherwise made 
                        available by the cooperative effort of 
                        the State, transit operator, and the 
                        metropolitan planning organization for 
                        public review.
                          (ii) Funding categories.--The listing 
                        described in clause (i) shall be 
                        consistent with the funding categories 
                        identified in each [metropolitan 
                        transportation improvement program] 
                        TIP.
                          (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.
                  (C) Projects under chapter 2.--
                          (i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 of title 23 shall be 
                        identified individually in the 
                        [transportation improvement program] 
                        STIP.
                          (ii) Other projects.--Projects 
                        proposed for funding under chapter 2 of 
                        title 23 that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the [transportation 
                        improvement program] STIP.
                  (D) Consistency with statewide transportation 
                plan.--Each project shall be--
                          (i) consistent with the statewide 
                        transportation plan developed under 
                        this section for the State;
                          (ii) identical to the project or 
                        phase of the project as described in an 
                        approved metropolitan transportation 
                        plan; and
                          (iii) in conformance with the 
                        applicable State air quality 
                        implementation plan developed under the 
                        Clean Air Act (42 U.S.C. 7401 et seq.), 
                        if the project is carried out in an 
                        area designated as a nonattainment area 
                        for ozone, particulate matter, or 
                        carbon monoxide under part D of title I 
                        of that Act (42 U.S.C. 7501 et seq.).
                  (E) Requirement of anticipated full 
                funding.--The [transportation improvement 
                program] STIP shall include a project, or an 
                identified phase of a project, only if full 
                funding can reasonably be anticipated to be 
                available for the project within the time 
                period contemplated for completion of the 
                project.
                  (F) Financial plan.--
                          (i) In general.--The [transportation 
                        improvement program] STIP may include a 
                        financial plan that demonstrates how 
                        the approved [transportation 
                        improvement program] STIP can be 
                        implemented, indicates resources from 
                        public and private sources that are 
                        reasonably expected to be made 
                        available to carry out the 
                        [transportation improvement program] 
                        STIP, and recommends any additional 
                        financing strategies for needed 
                        projects and programs.
                          (ii) Additional projects.--The 
                        financial plan may include, for 
                        illustrative purposes, additional 
                        projects that would be included in the 
                        adopted transportation plan if 
                        reasonable additional resources beyond 
                        those identified in the financial plan 
                        were available.
                  (G) Selection of projects from illustrative 
                list.--
                          (i) No required selection.--
                        Notwithstanding subparagraph (F), a 
                        State shall not be required to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F).
                          (ii) Required action by the 
                        secretary.--Action by the Secretary 
                        shall be required for a State to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (F) 
                        for inclusion in an approved 
                        [transportation improvement program] 
                        STIP.
                  (H) Priorities.--The [transportation 
                improvement program] STIP shall reflect the 
                priorities for programming and expenditures of 
                funds, including transportation enhancement 
                activities, required by this chapter and title 
                23.
          (6) Project selection for areas of less than 50,000 
        population.--
                  (A) In general.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals shall be selected, from the 
                approved [transportation improvement program] 
                STIP (excluding projects carried out on the 
                National Highway System [and projects carried 
                out under the bridge program or the Interstate 
                maintenance program under title 23] or under 
                sections 5310 and 5311 of this chapter), by the 
                State in cooperation with the affected 
                nonmetropolitan local officials with 
                responsibility for transportation or, if 
                applicable, through regional transportation 
                planning organizations described in subsection 
                (l).
                  (B) Other projects.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals on the National Highway System [or 
                under the bridge program or the Interstate 
                maintenance program] under title 23 or under 
                sections 5310 and 5311 of this chapter shall be 
                selected, from the approved [statewide 
                transportation improvement program] STIP, by 
                the State in consultation with the affected 
                nonmetropolitan local officials with 
                responsibility for transportation.
          (7)  [Transportation improvement program] STIP 
        approval.--Every 4 years, a [transportation improvement 
        program] STIP developed under this subsection shall be 
        reviewed and approved by the Secretary if based on a 
        current planning finding.
          (8) Planning finding.--A finding shall be made by the 
        Secretary at least every 4 years that the 
        transportation planning process through which 
        [statewide transportation plans and programs] statewide 
        transportation plans and STIPs are developed is 
        consistent with this section and section 5303.
          (9) Modifications to project priority.--
        Notwithstanding any other provision of law, action by 
        the Secretary shall not be required to advance a 
        project included in the approved [transportation 
        improvement program] STIP in place of another project 
        in the program.
  (h) Performance-based Planning Processes Evaluation.--
          (1) In general.--The Secretary shall establish 
        criteria to evaluate the effectiveness of the 
        performance-based planning processes of States, taking 
        into consideration the following:
                  (A) The extent to which the State is making 
                progress toward achieving, the performance 
                targets described in subsection (d)(2), taking 
                into account whether the State developed 
                appropriate performance targets.
                  (B) The extent to which the State has made 
                transportation investments that are efficient 
                and cost-effective.
                  (C) The extent to which the State--
                          (i) has developed an investment 
                        process that relies on public input and 
                        awareness to ensure that investments 
                        are transparent and accountable; and
                          (ii) provides reports allowing the 
                        public to access the information being 
                        collected in a format that allows the 
                        public to meaningfully assess the 
                        performance of the State.
          (2) Report.--
                  (A) In general.--[Not later than 5 years 
                after the date of enactment of the Federal 
                Public Transportation Act of 2012,] Not less 
                frequently than once every 4 years, the 
                Secretary shall submit to Congress a report 
                evaluating--
                          (i) the overall effectiveness of 
                        performance-based planning as a tool 
                        for guiding transportation investments; 
                        and
                          (ii) the effectiveness of the 
                        performance-based planning process of 
                        each State.
                  (B) Publication.--The report under 
                subparagraph (A) shall be published or 
                otherwise made available in electronically 
                accessible formats and means, including on the 
                Internet.
  (i) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 5303, and 
sections 134 and 135 of title 23, State laws, rules, or 
regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under 
this this section and section 5303, and sections 134 and 135 of 
title 23, if the Secretary finds that the State laws, rules, or 
regulations are consistent with, and fulfill the intent of, the 
purposes of this section and section 5303, and sections 134 and 
135 of title 23, as appropriate.
  (j) Continuation of Current Review Practice.--Since the 
statewide transportation plan and the [transportation 
improvement program] STIP described in this section are subject 
to a reasonable opportunity for public comment, since 
individual projects included in the statewide transportation 
plans and the [transportation improvement program] STIP are 
subject to review under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the 
Secretary concerning statewide transportation plans or the 
[transportation improvement program] STIP described in this 
section have not been reviewed under that Act as of January 1, 
1997, any decision by the Secretary concerning a metropolitan 
or statewide transportation plan or the [transportation 
improvement program] STIP described in this section shall not 
be considered to be a Federal action subject to review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.).
  (k) Schedule for Implementation.--The Secretary shall issue 
guidance on a schedule for implementation of the changes made 
by this section, taking into consideration the established 
planning update cycle for States. The Secretary shall not 
require a State to deviate from its established planning update 
cycle to implement changes made by this section. States shall 
reflect changes made to their transportation plan or 
transportation improvement program updates not later than 2 
years after the date of issuance of guidance by the Secretary 
under this subsection.
  (l) Designation of Regional Transportation Planning 
Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a State may 
        establish and designate regional transportation 
        planning organizations to enhance the planning, 
        coordination, and implementation of statewide strategic 
        long-range transportation plans and [transportation 
        improvement programs] STIPs, with an emphasis on 
        addressing the needs of nonmetropolitan areas of the 
        State.
          (2) Structure.--A regional transportation planning 
        organization shall be established as a 
        multijurisdictional organization of nonmetropolitan 
        local officials or their designees who volunteer for 
        such organization and representatives of local 
        transportation systems who volunteer for such 
        organization.
          (3) Requirements.--A regional transportation planning 
        organization shall establish, at a minimum--
                  (A) a policy committee, the majority of which 
                shall consist of nonmetropolitan local 
                officials, or their designees, and, as 
                appropriate, additional representatives from 
                the State, private business, transportation 
                service providers, economic development 
                practitioners, and the public in the region; 
                and
                  (B) a fiscal and administrative agent, such 
                as an existing regional planning and 
                development organization, to provide 
                professional planning, management, and 
                administrative support.
          (4) Duties.--The duties of a regional transportation 
        planning organization shall include--
                  (A) developing and maintaining, in 
                cooperation with the State, regional long-range 
                multimodal transportation plans;
                  (B) developing a regional transportation 
                improvement program for consideration by the 
                State;
                  (C) fostering the coordination of local 
                planning, land use, and economic development 
                plans with State, regional, and local 
                transportation plans and programs;
                  (D) providing technical assistance to local 
                officials;
                  (E) participating in national, multistate, 
                and State policy and planning development 
                processes to ensure the regional and local 
                input of nonmetropolitan areas;
                  (F) providing a forum for public 
                participation in the statewide and regional 
                transportation planning processes;
                  (G) considering and sharing plans and 
                programs with neighboring regional 
                transportation planning organizations, 
                metropolitan planning organizations, and, where 
                appropriate, tribal organizations; and
                  (H) conducting other duties, as necessary, to 
                support and enhance the statewide planning 
                process under subsection (d).
          (5) States without regional transportation planning 
        organizations.--If a State chooses not to establish or 
        designate a regional transportation planning 
        organization, the State shall consult with affected 
        nonmetropolitan local officials to determine projects 
        that may be of regional significance.

           *       *       *       *       *       *       *


Sec. 5307. Urbanized area formula grants

  (a) General Authority.--
          (1) Grants.--The Secretary may make grants under this 
        section for--
                  (A) capital projects;
                  (B) planning;
                  (C) job access and reverse commute projects; 
                and
                  (D) operating costs of equipment and 
                facilities for use in public transportation in 
                an urbanized area with a population of fewer 
                than 200,000 individuals, as determined by the 
                Bureau of the Census.
          (2) The Secretary may make grants under this section 
        to finance the operating cost of equipment and 
        facilities for use in public transportation, excluding 
        rail fixed guideway, in an urbanized area with a 
        population of not fewer than 200,000 individuals, as 
        determined by the Bureau of the Census--
                  (A) for public transportation systems that--
                          (i) operate 75 or fewer buses in 
                        fixed route service or demand response 
                        service, excluding ADA complementary 
                        paratransit service, during peak 
                        service hours, in an amount not to 
                        exceed 75 percent of the share of the 
                        apportionment which is attributable to 
                        such systems within the urbanized area, 
                        as measured by vehicle revenue hours; 
                        [or]
                          (ii) operate a minimum of 76 buses 
                        and a maximum of 100 buses in fixed 
                        route service or demand response 
                        service, excluding ADA complementary 
                        paratransit service, during peak 
                        service hours, in an amount not to 
                        exceed 50 percent of the share of the 
                        apportionment which is attributable to 
                        such systems within the urbanized area, 
                        as measured by vehicle revenue hours; 
                        or
                          (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
                  (B) subject to paragraph (3), for public 
                transportation systems that--
                          (i) operate 75 or fewer buses in 
                        fixed route service or demand response 
                        service, excluding ADA complementary 
                        paratransit service, during peak 
                        service hours, in an amount not to 
                        exceed 75 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); [or]
                          (ii) operate a minimum of 76 buses 
                        and a maximum of 100 buses in fixed 
                        route service or demand response 
                        service, excluding ADA complementary 
                        paratransit [service during peak] 
                        service, during peak service hours, in 
                        an amount not to exceed 50 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)[.]; or
                          (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).
          (3) The amount available to a public transportation 
        system under subparagraph (B) of paragraph (2) shall be 
        not more than 10 percent greater than the amount that 
        would otherwise be available to the system under 
        subparagraph (A) of that paragraph.
  (b) Program of Projects.--Each recipient of a grant shall--
          (1) make available to the public information on 
        amounts available to the recipient under this section;
          (2) develop, in consultation with interested parties, 
        including private transportation providers, a proposed 
        program of projects for activities to be financed;
          (3) publish a proposed program of projects in a way 
        that affected individuals, private transportation 
        providers, and local elected officials have the 
        opportunity to examine the proposed program and submit 
        comments on the proposed program and the performance of 
        the recipient;
          (4) provide an opportunity for a public hearing in 
        which to obtain the views of individuals on the 
        proposed program of projects;
          (5) ensure that the proposed program of projects 
        provides for the coordination of public transportation 
        services assisted under section 5336 of this title with 
        transportation services assisted from other United 
        States Government sources;
          (6) consider comments and views received, especially 
        those of private transportation providers, in preparing 
        the final program of projects; [and]
          (7) ensure that the proposed program of projects 
        provides improved access to transit for the individuals 
        described in section 5336(j); and
          [(7)] (8) make the final program of projects 
        available to the public.
  (c) Grant Recipient Requirements.--A recipient may receive a 
grant in a fiscal year only if--
          (1) the recipient, within the time the Secretary 
        prescribes, submits a final program of projects 
        prepared under subsection (b) of this section and a 
        certification for that fiscal year that the recipient 
        (including a person receiving amounts from a Governor 
        under this section)--
                  (A) has or will have the legal, financial, 
                and technical capacity to carry out the 
                program, including safety and security aspects 
                of the program;
                  (B) has or will have satisfactory continuing 
                control over the use of equipment and 
                facilities;
                  (C) will maintain equipment and facilities in 
                accordance with the recipient's transit asset 
                management plan;
                  (D) will ensure that, during non-peak hours 
                for transportation using or involving a 
                facility or equipment of a project financed 
                under this section, a fare that is not more 
                than 50 percent of the peak hour fare will be 
                charged for any--
                          (i) senior;
                          (ii) individual who, because of 
                        illness, injury, age, congenital 
                        malfunction, or other incapacity or 
                        temporary or permanent disability 
                        (including an individual who is a 
                        wheelchair user or has semiambulatory 
                        capability), cannot use a public 
                        transportation service or a public 
                        transportation facility effectively 
                        without special facilities, planning, 
                        or design; and
                          (iii) individual presenting a 
                        Medicare card issued to that individual 
                        under title II or XVIII of the Social 
                        Security Act (42 U.S.C. 401 et seq. and 
                        1395 et seq.);
                  (E) in carrying out a procurement under this 
                section, will comply with sections 5323, 5320, 
                and 5325;
                  (F) has complied with subsection (b) of this 
                section;
                  (G) has available and will provide the 
                required amounts as provided by subsection (d) 
                of this section;
                  (H) will comply with sections 5303 and 5304;
                  (I) has a locally developed process to 
                solicit and consider public comment before 
                raising a fare or carrying out a major 
                reduction of transportation;
                  (J)(i) will expend for each fiscal year for 
                public transportation security projects, 
                including increased lighting in or adjacent to 
                a public transportation system (including bus 
                stops, subway stations, parking lots, and 
                garages), increased camera surveillance of an 
                area in or adjacent to that system, providing 
                an emergency telephone line to contact law 
                enforcement or security personnel in an area in 
                or adjacent to that system, and any other 
                project intended to increase the security and 
                safety of an existing or planned public 
                transportation system, at least 1 percent of 
                the amount the recipient receives for each 
                fiscal year under section 5336 of this title; 
                or
                  (ii) has decided that the expenditure for 
                security projects is not necessary;
                  (K) in the case of a recipient for an 
                urbanized area with a population of not fewer 
                than 200,000 individuals, as determined by the 
                Bureau of the Census, will submit an annual 
                report listing projects carried out in the 
                preceding fiscal year under this section for 
                associated transit improvements as defined in 
                section 5302; and
                  (L) will comply with section 5329(d); and
          (2) the Secretary accepts the certification.
  (d) Government Share of Costs.--
          (1) Capital projects.--A grant for a capital project 
        under this section shall be for 80 percent of the net 
        project cost of the project. The recipient may provide 
        additional local matching amounts.
          (2) Operating expenses.--A grant for operating 
        expenses under this section may not exceed 50 percent 
        of the net project cost of the project.
          (3) Remaining costs.--Subject to paragraph (4), the 
        remainder of the net project costs shall be provided--
                  (A) in cash from non-Government sources other 
                than revenues from providing public 
                transportation services;
                  (B) from revenues from the sale of 
                advertising and concessions;
                  (C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or 
                reserve, or new capital;
                  (D) from amounts appropriated or otherwise 
                made available to a department or agency of the 
                Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation[; and];
                  (E) from amounts received under a service 
                agreement with a State or local social service 
                agency or private social service 
                organization[.]; and
                  (F) transportation development credits.
          (4) Use of certain funds.--For purposes of 
        subparagraphs (D) and (E) of paragraph (3), the 
        prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(C)(vii) of the 
        Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall 
        not apply to Federal or State funds to be used for 
        transportation purposes.
  (e) Undertaking Projects in Advance.--
          (1) Payment.--The Secretary may pay the Government 
        share of the net project cost to a State or local 
        governmental authority that carries out any part of a 
        project eligible under subparagraph (A) or (B) of 
        subsection (a)(1) without the aid of amounts of the 
        Government and according to all applicable procedures 
        and requirements if--
                  (A) the recipient applies for the payment;
                  (B) the Secretary approves the payment; and
                  (C) before carrying out any part of the 
                project, the Secretary approves the plans and 
                specifications for the part in the same way as 
                for other projects under this section.
          (2) Approval of application.--The Secretary may 
        approve an application under paragraph (1) of this 
        subsection only if an authorization for this section is 
        in effect for the fiscal year to which the application 
        applies. The Secretary may not approve an application 
        if the payment will be more than--
                  (A) the recipient's expected apportionment 
                under section 5336 of this title if the total 
                amount authorized to be appropriated for the 
                fiscal year to carry out this section is 
                appropriated; less
                  (B) the maximum amount of the apportionment 
                that may be made available for projects for 
                operating expenses under this section.
          (3) Financing costs.--
                  (A) In general.--The cost of carrying out 
                part of a project includes the amount of 
                interest earned and payable on bonds issued by 
                the recipient to the extent proceeds of the 
                bonds are expended in carrying out the part.
                  (B) Limitation on the amount of interest.--
                The amount of interest allowed under this 
                paragraph may not be more than the most 
                favorable financing terms reasonably available 
                for the project at the time of borrowing.
                  (C) Certification.--The applicant shall 
                certify, in a manner satisfactory to the 
                Secretary, that the applicant has shown 
                reasonable diligence in seeking the most 
                favorable financing terms.
  (f) Reviews, Audits, and Evaluations.--
          (1) Annual review.--
                  (A) In general.--At least annually, the 
                Secretary shall carry out, or require a 
                recipient to have carried out independently, 
                reviews and audits the Secretary considers 
                appropriate to establish whether the recipient 
                has carried out--
                          (i) the activities proposed under 
                        subsection (c) of this section in a 
                        timely and effective way and can 
                        continue to do so; and
                          (ii) those activities and its 
                        certifications and has used amounts of 
                        the Government in the way required by 
                        law.
                  (B) Auditing procedures.--An audit of the use 
                of amounts of the Government shall comply with 
                the auditing procedures of the Comptroller 
                General.
          (2) Triennial review.--At least once every 3 years, 
        the Secretary shall review and evaluate completely the 
        performance of a recipient in carrying out the 
        recipient's program, specifically referring to 
        compliance with statutory and administrative 
        requirements and the extent to which actual program 
        activities are consistent with the activities proposed 
        under subsection (c) of this section and the planning 
        process required under sections 5303, 5304, and 5305 of 
        this title. To the extent practicable, the Secretary 
        shall coordinate such reviews with any related State or 
        local reviews.
          (3) Actions resulting from review, audit, or 
        evaluation.--The Secretary may take appropriate action 
        consistent with a review, audit, and evaluation under 
        this subsection, including making an appropriate 
        adjustment in the amount of a grant or withdrawing the 
        grant.
  (g) Treatment.--For purposes of this section, the United 
States Virgin Islands shall be treated as an urbanized area, as 
defined in section 5302.
  (h) Passenger Ferry Grants.--
          (1) In general.--The Secretary may make grants under 
        this subsection to recipients for passenger ferry 
        projects that are eligible for a grant under subsection 
        (a).
          (2) Grant requirements.--Except as otherwise provided 
        in this subsection, a grant under this subsection shall 
        be subject to the same terms and conditions as a grant 
        under subsection (a).
          (3) Competitive process.--The Secretary shall solicit 
        grant applications and make grants for eligible 
        projects on a competitive basis.
          (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. 5308. Multi-jurisdictional bus frequency and ridership competitive 
                    grants

  (a) In General.--The Secretary shall make grants under this 
section, on a competitive basis, to eligible recipients to 
increase the frequency of bus service and the ridership of 
public transit buses.
  (b) Applications.--To be eligible for a grant under this 
section, an eligible recipient shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
  (c) Application Timing.--Not later than 90 days after amounts 
are made available to carry out this section, the Secretary 
shall solicit grant applications from eligible recipients for 
projects described in subsection (d).
  (d) Uses of Funds.--An eligible recipient of a grant under 
this section shall use such grant for transportation capital 
projects that--
          (1) increase--
                  (A) the frequency of bus service;
                  (B) bus ridership; and
                  (C) total person throughput; and
          (2) are consistent with, and as described in, the 
        design guidance issued by the National Association of 
        City Transportation Officials and titled ``Transit 
        Street Design Guide''.
  (e) Grant Criteria.--In making grants under this section, the 
Secretary shall consider the following:
          (1) Each eligible recipient's projected increase in 
        bus frequency.
          (2) Each eligible recipient's projected increase in 
        bus ridership.
          (3) Each eligible recipient's projected increase in 
        total person throughput.
          (4) The degree of regional collaboration described in 
        each eligible recipient's application, including 
        collaboration with--
                  (A) a local government entity that operates a 
                public transportation service;
                  (B) local government agencies that control 
                street design;
                  (C) metropolitan planning organizations (as 
                such term is defined in section 5303); and
                  (D) State departments of transportation.
  (f) Grant Timing.--The Secretary shall award grants under 
this section not later than 120 days after the date on which 
the Secretary completes the solicitation described in 
subsection (c).
  (g) Requirements of the Secretary.--In carrying out the 
program under this section, the Secretary shall--
          (1) not later than the date described in subsection 
        (c), publish in the Federal Register a list of all 
        metrics and evaluation procedures to be used in making 
        grants under this section; and
          (2) publish in the Federal Register--
                  (A) a summary of the final metrics and 
                evaluations used in making grants under this 
                section; and
                  (B) a list of the ratings of eligible 
                recipients receiving a grant under this section 
                based on such metrics and evaluations.
  (h) Federal Share.--
          (1) In general.--The Federal share of the cost of a 
        project carried out under this section shall not exceed 
        80 percent.
          (2) Restriction on grant amounts.--The Secretary may 
        make a grant for a project under this section in an 
        amount up to 150 percent of the amount--
                  (A) provided for such project under title 23; 
                and
                  (B) provided for such project from non-
                Federal funds budgeted for roadways.
  (i) Requirements of Section 5307.--Except as otherwise 
provided in this section, a grant under this section shall be 
subject to the requirements of section 5307.
  (j) Availability of Funds.--
          (1) In general.--Amounts made available to carry out 
        this section shall remain available for 4 fiscal years 
        after the fiscal year for which the amount was made 
        available.
          (2) Unobligated amounts.--After the expiration of the 
        period described in paragraph (1) for an amount made 
        available to carry out this section, any unobligated 
        amounts made available to carry out this section shall 
        be added to the amounts made available for the 
        following fiscal year.
  (k) Eligible Recipients.--In this section, the term 
``eligible recipient'' means a recipient of a grant under 
section 5307 in an urbanized area with a population greater 
than 500,000.

Sec. 5309. Fixed guideway capital investment grants

  (a) Definitions.--In this section, the following definitions 
shall apply:
          (1) Applicant.--The term ``applicant'' means a State 
        or local governmental authority that applies for a 
        grant under this section.
          (2) Core capacity improvement project.--The term 
        ``core capacity improvement project'' means a 
        substantial corridor-based capital investment in an 
        existing fixed guideway system that increases the 
        capacity of a corridor by not less than 10 percent. The 
        term does not include project elements designed to 
        maintain a state of good repair of the existing fixed 
        guideway system.
          (3) Corridor-based bus rapid transit project.--The 
        term ``corridor-based bus rapid transit project'' means 
        a small start project utilizing buses in which the 
        project represents a substantial investment in a 
        defined corridor as demonstrated by features that 
        emulate the services provided by rail fixed guideway 
        public transportation systems, including defined 
        stations; traffic signal priority for public 
        transportation vehicles; short headway bidirectional 
        services for a substantial part of weekdays; and any 
        other features the Secretary may determine support a 
        long-term corridor investment, but the majority of 
        which does not operate in a separated right-of-way 
        dedicated for public transportation use during peak 
        periods.
          (4) Fixed guideway bus rapid transit project.--The 
        term ``fixed guideway bus rapid transit project'' means 
        a bus capital project--
                  (A) in which the majority of the project 
                operates in a separated right-of-way dedicated 
                for public transportation use during peak 
                periods;
                  (B) that represents a substantial investment 
                in a single route in a defined corridor or 
                subarea; and
                  (C) that includes features that emulate the 
                services provided by rail fixed guideway public 
                transportation systems, including--
                          (i) defined stations;
                          (ii) traffic signal priority for 
                        public transportation vehicles;
                          (iii) short headway bidirectional 
                        services for a substantial part of 
                        weekdays and weekend days; and
                          (iv) any other features the Secretary 
                        may determine are necessary to produce 
                        high-quality public transportation 
                        services that emulate the services 
                        provided by rail fixed guideway public 
                        transportation systems.
          (5) New fixed guideway capital project.--The term 
        ``new fixed guideway capital project'' means--
                  (A) a new fixed guideway project that is a 
                minimum operable segment or extension to an 
                existing fixed guideway system; or
                  (B) a fixed guideway bus rapid transit 
                project that is a minimum operable segment or 
                an extension to an existing bus rapid transit 
                system.
          [(6) Program of interrelated projects.--The term 
        ``program of interrelated projects'' means the 
        simultaneous development of--
                  [(A) 2 or more new fixed guideway capital 
                projects, small start projects, or core 
                capacity improvement projects; or
                  [(B) 2 or more projects that are any 
                combination of new fixed guideway capital 
                projects, small start projects, and core 
                capacity improvement projects.]
          [(7)] (6) Small start project.--The term ``small 
        start project'' means a new fixed guideway capital 
        project or corridor-based bus rapid transit project for 
        which--
                  (A) the Federal assistance provided or to be 
                provided under this section is less than 
                [$100,000,000] $320,000,000; and
                  (B) the total estimated net capital cost is 
                less than [$300,000,000] $400,000,000.
  (b) General Authority.--The Secretary may make grants under 
this section to State and local governmental authorities to 
assist in financing--
          (1) new fixed guideway capital projects or small 
        start projects, including the acquisition of real 
        property, the initial acquisition of rolling stock for 
        the system, the acquisition of rights-of-way, and 
        relocation, for fixed guideway corridor development for 
        projects in the advanced stages of project development 
        or engineering; and
          (2) core capacity improvement projects, including the 
        acquisition of real property, the acquisition of 
        rights-of-way, double tracking, signalization 
        improvements, electrification, expanding system 
        platforms, acquisition of rolling stock associated with 
        corridor improvements increasing capacity, construction 
        of infill stations, expanding station capacity, and 
        such other capacity improvement projects as the 
        Secretary determines are appropriate to increase the 
        capacity of an existing fixed guideway system corridor 
        by at least 10 percent. Core capacity improvement 
        projects do not include elements to improve general 
        station facilities or parking, or acquisition of 
        rolling stock alone.
  (c) Grant Requirements.--
          (1) In general.--The Secretary may make a grant under 
        this section for new fixed guideway capital projects, 
        small start projects, or core capacity improvement 
        projects, if the Secretary determines that--
                  (A) the project is part of an approved 
                transportation plan required under sections 
                5303 and 5304; and
                  (B) the applicant has, or will have--
                          (i) the legal, financial, and 
                        technical capacity to carry out the 
                        project, including the safety and 
                        security aspects of the project;
                          (ii) satisfactory continuing control 
                        over the use of the equipment or 
                        facilities; and
                          (iii) the technical and financial 
                        capacity to maintain new and existing 
                        equipment and facilities.
          (2) Certification.--An applicant that has submitted 
        the certifications required under subparagraphs (A), 
        (B), (C), and (H) of section 5307(c)(1) shall be deemed 
        to have provided sufficient information upon which the 
        Secretary may make the determinations required under 
        this subsection.
          (3) Technical capacity.--The Secretary shall use an 
        expedited technical capacity review process for 
        applicants that have recently and successfully 
        completed at least 1 new fixed guideway capital 
        project, or core capacity improvement project, if--
                  (A) the applicant achieved budget, cost, and 
                ridership outcomes for the project that are 
                consistent with or better than projections; and
                  (B) the applicant demonstrates that the 
                applicant continues to have the staff expertise 
                and other resources necessary to implement a 
                new project.
          (4) Recipient requirements.--A recipient of a grant 
        awarded under this section shall be subject to all 
        terms, conditions, requirements, and provisions that 
        the Secretary determines to be necessary or appropriate 
        for purposes of this section.
  (d) New Fixed Guideway Grants.--
          (1) Project development phase.--
                  (A) Entrance into project development 
                phase.--A new fixed guideway capital project 
                shall enter into the project development phase 
                when--
                          (i) the applicant--
                                  (I) submits a letter to the 
                                Secretary describing the 
                                project and requesting entry 
                                into the project development 
                                phase; and
                                  (II) initiates activities 
                                required to be carried out 
                                under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) 
                                with respect to the project; 
                                and
                          (ii) the Secretary--
                                  (I) responds in writing to 
                                the applicant within 45 days 
                                whether the information 
                                provided is sufficient to enter 
                                into the project development 
                                phase, including, when 
                                necessary, a detailed 
                                description of any information 
                                deemed insufficient; and
                                  (II) provides concurrent 
                                notice to the Committee on 
                                Banking, Housing, and Urban 
                                Affairs of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives of whether the 
                                new fixed guideway capital 
                                project is entering the project 
                                development phase.
                  (B) Activities during project development 
                phase.--Concurrent with the analysis required 
                to be made under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
                each applicant shall develop sufficient 
                information to enable the Secretary to make 
                findings of project justification and local 
                financial commitment under this subsection.
                  (C) Completion of project development 
                activities required.--
                          (i) In general.--Not later than [2 
                        years] 3 years after the date on which 
                        a project enters into the project 
                        development phase, the applicant shall 
                        complete the activities required to 
                        obtain a project rating under 
                        subsection (g)(2) and submit completed 
                        documentation to the Secretary.
                          (ii) Extension of time.--Upon the 
                        request of an applicant, the Secretary 
                        may extend the time period under clause 
                        (i), if the applicant submits to the 
                        Secretary--
                                  (I) a reasonable plan for 
                                completing the activities 
                                required under this paragraph; 
                                and
                                  (II) an estimated time period 
                                within which the applicant will 
                                complete such activities.
                  (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.
          (2) Engineering phase.--
                  (A) In general.--A new fixed guideway capital 
                project may advance to the engineering phase 
                upon completion of activities required under 
                the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), as demonstrated by a 
                record of decision with respect to the project, 
                a finding that the project has no significant 
                impact, or a determination that the project is 
                categorically excluded, only if the Secretary 
                determines that the project--
                          (i) is selected as the locally 
                        preferred alternative at the completion 
                        of the process required under the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.);
                          (ii) is adopted into the metropolitan 
                        transportation plan required under 
                        section 5303;
                          (iii) is justified based on a 
                        comprehensive review of the project's 
                        mobility improvements, the project's 
                        environmental benefits, congestion 
                        relief associated with the project, 
                        economic development effects associated 
                        with the project, policies and land use 
                        patterns of the project that support 
                        public transportation, and the 
                        project's cost-effectiveness as 
                        measured by cost per rider; and
                          (iv) is supported by [an acceptable 
                        degree of] a local financial commitment 
                        (including evidence of stable and 
                        dependable financing sources), as 
                        required under subsection (f).
                  (B) Determination that project is 
                justified.--In making a determination under 
                subparagraph (A)(iii), the Secretary shall 
                evaluate, analyze, and consider--
                          (i) the reliability of the 
                        forecasting methods used to estimate 
                        costs and utilization made by the 
                        recipient and the contractors to the 
                        recipient; and
                          (ii) population density and current 
                        public transportation ridership in the 
                        transportation corridor.
  (e) Core Capacity Improvement Projects.--
          (1) Project development phase.--
                  (A) Entrance into project development 
                phase.--A core capacity improvement project 
                shall be deemed to have entered into the 
                project development phase if--
                          (i) the applicant--
                                  (I) submits a letter to the 
                                Secretary describing the 
                                project and requesting entry 
                                into the project development 
                                phase; and
                                  (II) initiates activities 
                                required to be carried out 
                                under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) 
                                with respect to the project; 
                                and
                          (ii) the Secretary--
                                  (I) responds in writing to 
                                the applicant within 45 days 
                                whether the information 
                                provided is sufficient to enter 
                                into the project development 
                                phase, including when necessary 
                                a detailed description of any 
                                information deemed 
                                insufficient; and
                                  (II) provides concurrent 
                                notice to the Committee on 
                                Banking, Housing, and Urban 
                                Affairs of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives of whether the 
                                core capacity improvement 
                                project is entering the project 
                                development phase.
                  (B) Activities during project development 
                phase.--Concurrent with the analysis required 
                to be made under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
                each applicant shall develop sufficient 
                information to enable the Secretary to make 
                findings of project justification and local 
                financial commitment under this subsection.
                  (C) Completion of project development 
                activities required.--
                          (i) In general.--Not later than [2 
                        years] 3 years after the date on which 
                        a project enters into the project 
                        development phase, the applicant shall 
                        complete the activities required to 
                        obtain a project rating under 
                        subsection (g)(2) and submit completed 
                        documentation to the Secretary.
                          (ii) Extension of time.--Upon the 
                        request of an applicant, the Secretary 
                        may extend the time period under clause 
                        (i), if the applicant submits to the 
                        Secretary--
                                  (I) a reasonable plan for 
                                completing the activities 
                                required under this paragraph; 
                                and
                                  (II) an estimated time period 
                                within which the applicant will 
                                complete such activities.
                  (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.
          (2) Engineering phase.--
                  (A) In general.--A core capacity improvement 
                project may advance into the engineering phase 
                upon completion of activities required under 
                the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), as demonstrated by a 
                record of decision with respect to the project, 
                a finding that the project has no significant 
                impact, or a determination that the project is 
                categorically excluded, only if the Secretary 
                determines that the project--
                          (i) is selected as the locally 
                        preferred alternative at the completion 
                        of the process required under the 
                        National Environmental Policy Act of 
                        1969;
                          (ii) is adopted into the metropolitan 
                        transportation plan required under 
                        section 5303;
                          (iii) is in a corridor that is--
                                  (I) at or over capacity; or
                                  (II) projected to be at or 
                                over capacity within the next 
                                [5 years] 10 years;
                          (iv) is justified based on a 
                        comprehensive review of the project's 
                        mobility improvements, the project's 
                        environmental benefits, congestion 
                        relief associated with the project, 
                        economic development effects associated 
                        with the project, the capacity needs of 
                        the corridor, and the project's cost-
                        effectiveness as measured by cost per 
                        rider; and
                          (v) is supported by [an acceptable 
                        degree of] a local financial commitment 
                        (including evidence of stable and 
                        dependable financing sources), as 
                        required under subsection (f).
                  (B) Determination that project is 
                justified.--In making a determination under 
                subparagraph (A)(iv), the Secretary shall 
                evaluate, analyze, and consider--
                          (i) the reliability of the 
                        forecasting methods used to estimate 
                        costs and utilization made by the 
                        recipient and the contractors to the 
                        recipient;
                          (ii) whether the project will 
                        increase capacity at least 10 percent 
                        in a corridor;
                          (iii) whether the project will 
                        improve interconnectivity among 
                        existing systems; and
                          (iv) whether the project will improve 
                        environmental outcomes.
  (f) Financing Sources.--
          (1) Requirements.--In determining whether a project 
        is supported by [an acceptable degree of] a local 
        financial commitment and shows evidence of stable and 
        dependable financing sources for purposes of 
        [subsection (d)(2)(A)(v)] subsection (d)(2)(A)(iv) or 
        (e)(2)(A)(v), the Secretary shall require that--
                  (A) the proposed project plan provides for 
                the availability of contingency amounts that 
                the Secretary determines to be reasonable to 
                cover unanticipated cost increases or funding 
                shortfalls;
                  (B) each proposed local source of capital and 
                operating financing is stable, reliable, and 
                available within the proposed project 
                timetable; and
                  (C) 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.
          (2) Considerations.--In assessing the stability, 
        reliability, and availability of proposed sources of 
        local financing for purposes of [subsection 
        (d)(2)(A)(v)] subsection (d)(2)(A)(iv) or (e)(2)(A)(v), 
        the Secretary shall consider--
                  (A) the reliability of the forecasting 
                methods used to estimate costs and revenues 
                made by the recipient and the contractors to 
                the recipient;
                  (B) existing grant commitments;
                  (C) the degree to which financing sources are 
                dedicated to the proposed purposes;
                  (D) any debt obligation that exists, or is 
                proposed by the recipient, for the proposed 
                project or other public transportation purpose; 
                and
                  [(E) the extent to which the project has a 
                local financial commitment that exceeds the 
                required non-Government share of the cost of 
                the project; and]
                  [(F)] (E) 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.
          (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.
          (4) Cost-share incentives.--For a project for which a 
        lower CIG cost share is elected by the applicant under 
        subsection (l)(1)(C), the Secretary shall apply the 
        following requirements and considerations in lieu of 
        paragraphs (1) and (2):
                  (A) Requirements.--In determining whether a 
                project is supported by local financial 
                commitment and shows evidence of stable and 
                dependable financing sources for purposes of 
                subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the 
                Secretary shall require that--
                          (i) the proposed project plan 
                        provides for the availability of 
                        contingency amounts that the applicant 
                        determines to be reasonable to cover 
                        unanticipated cost increases or funding 
                        shortfalls;
                          (ii) each proposed local source of 
                        capital and operating financing is 
                        stable, reliable, and available within 
                        the proposed project timetable; and
                          (iii) an applicant certifies that 
                        local resources are available to 
                        recapitalize, maintain, and operate the 
                        overall existing and proposed public 
                        transportation system, including 
                        essential feeder bus and other services 
                        necessary to achieve the projected 
                        ridership levels without requiring a 
                        reduction in existing public 
                        transportation services or level of 
                        service to operate the project, or that 
                        the annual operating cost of the 
                        proposed project does not exceed 5 
                        percent of the annual cost to operate 
                        and maintain the overall public 
                        transportation system of the applicant.
                  (B) Considerations.--In assessing the 
                stability, reliability, and availability of 
                proposed sources of local financing for 
                purposes of subsection (d)(2)(A)(iv) or 
                (e)(2)(A)(v), the Secretary shall consider--
                          (i) the reliability of the 
                        forecasting methods used to estimate 
                        costs and revenues made by the 
                        recipient and the contractors to the 
                        recipient;
                          (ii) existing grant commitments;
                          (iii) any debt obligation that 
                        exists, or is proposed by the 
                        recipient, for the proposed project or 
                        other public transportation purpose; 
                        and
                          (iv) private contributions to the 
                        project, including cost-effective 
                        project delivery, management or 
                        transfer of project risks, expedited 
                        project schedule, financial partnering, 
                        and other public-private partnership 
                        strategies.
  (g) Project Advancement and Ratings.--
          (1) Project advancement.--A new fixed guideway 
        capital project or core capacity improvement project 
        proposed to be carried out using a grant under this 
        section may not advance from the project development 
        phase to the engineering phase, or from the engineering 
        phase to the construction phase, unless the Secretary 
        determines that--
                  (A) the project meets the applicable 
                requirements under this section; and
                  (B) there is a reasonable likelihood that the 
                project will continue to meet the requirements 
                under this section.
          (2) Ratings.--
                  (A) Overall rating.--In making a 
                determination under paragraph (1), the 
                Secretary shall evaluate and rate a project as 
                a whole on a 5-point scale (high, medium-high, 
                medium, medium-low, or low) based on--
                          (i) in the case of a new fixed 
                        guideway capital project, the project 
                        justification criteria under subsection 
                        (d)(2)(A)(iii), and the [degree of 
                        local financial commitment] criteria in 
                        subsection (f); and
                          (ii) in the case of a core capacity 
                        improvement project, the capacity needs 
                        of the corridor, the project 
                        justification criteria under subsection 
                        (e)(2)(A)(iv), and the [degree of local 
                        financial commitment] criteria in 
                        subsection (f).
                  (B) Individual ratings for each criterion.--
                In rating a project under this paragraph, the 
                Secretary shall--
                          (i) provide, in addition to the 
                        overall project rating under 
                        subparagraph (A), individual ratings 
                        for each of the criteria established 
                        under subsection (d)(2)(A)(iii) or 
                        (e)(2)(A)(iv), as applicable[; and];
                          (ii) give comparable, but not 
                        necessarily equal, numerical weight to 
                        each of the criteria established under 
                        subsections (d)(2)(A)(iii) or 
                        (e)(2)(A)(iv), as applicable, in 
                        calculating the overall project rating 
                        under clause (i)[.]; and
                          (iii) in the case of a new fixed 
                        guideway capital project or a core 
                        capacity improvement project, allow a 
                        weighting 5 percentage points greater 
                        to the economic development criterion 
                        and 5 percentage points lesser to the 
                        lowest scoring criterion if the 
                        applicant demonstrates substantial 
                        efforts to preserve or encourage 
                        affordable housing near the project by 
                        providing documentation of policies 
                        that allow by-right multi-family 
                        housing, single room occupancy units, 
                        or accessory dwelling units, providing 
                        local capital sources for transit-
                        oriented development, or demonstrate 
                        other methods as determined by the 
                        Secretary.
                  (C) Medium rating not required.--The 
                Secretary shall not require that any single 
                project justification criterion meet or exceed 
                a ``medium'' rating in order to advance the 
                project from one phase to another.
          (3) Warrants.--[The Secretary shall, 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--]
                  [(A) the share of the cost of the project to 
                be provided under this section does not 
                exceed--
                          [(i) $100,000,000; or
                          [(ii) 50 percent of the total cost of 
                        the project;
                  [(B) the applicant requests the use of the 
                warrants;
                  [(C) the applicant certifies that its 
                existing public transportation system is in a 
                state of good repair; and]
                  [(D)] [the applicant meets any other 
                requirements that the Secretary considers 
                appropriate to carry out this subsection.] 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 
                  (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.
          (4) Letters of intent and early systems work 
        agreements.--In order to expedite a project under this 
        subsection, the Secretary shall, to the maximum extent 
        practicable, issue letters of intent and enter into 
        early systems work agreements upon issuance of a record 
        of decision for projects that receive an overall 
        project rating of medium or better.
          [(5) Policy guidance.--The Secretary shall issue 
        policy guidance regarding the review and evaluation 
        process and criteria--
                  [(A) not later than 180 days after the date 
                of enactment of the Federal Public 
                Transportation Act of 2012; and
                  [(B) each time the Secretary makes 
                significant changes to the process and 
                criteria, but not less frequently than once 
                every 2 years.
          [(6) Rules.--Not later than 1 year after the date of 
        enactment of the Federal Public Transportation Act of 
        2012, the Secretary shall issue rules establishing an 
        evaluation and rating process for--
                  [(A) new fixed guideway capital projects that 
                is based on the results of project 
                justification, policies and land use patterns 
                that promote public transportation, and local 
                financial commitment, as required under this 
                subsection; and
                  [(B) core capacity improvement projects that 
                is based on the results of the capacity needs 
                of the corridor, project justification, and 
                local financial commitment.]
          (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.
          (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.
          (7) Applicability.--This subsection shall not apply 
        to a project for which the Secretary issued a letter of 
        intent, entered into a full funding grant agreement, or 
        entered into a project construction agreement before 
        the date of enactment of [the Federal Public 
        Transportation Act of 2012] the INVEST in America Act.
  (h) Small Start Projects.--
          (1) In general.--A small start project shall be 
        subject to the requirements of this subsection.
          (2) Project development phase.--
                  (A) Entrance into project development 
                phase.--A new small starts project shall enter 
                into the project development phase when--
                          (i) the applicant--
                                  (I) submits a letter to the 
                                Secretary describing the 
                                project and requesting entry 
                                into the project development 
                                phase; and
                                  (II) initiates activities 
                                required to be carried out 
                                under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) 
                                with respect to the project; 
                                and
                          (ii) the Secretary--
                                  (I) responds in writing to 
                                the applicant within 45 days 
                                whether the information 
                                provided is sufficient to enter 
                                into the project development 
                                phase, including, when 
                                necessary, a detailed 
                                description of any information 
                                deemed insufficient; and
                                  (II) provides concurrent 
                                notice to the Committee on 
                                Banking, Housing, and Urban 
                                Affairs of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives of whether the 
                                small starts project is 
                                entering the project 
                                development phase.
                  (B) Activities during project development 
                phase.--Concurrent with the analysis required 
                to be made under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
                each applicant shall develop sufficient 
                information to enable the Secretary to make 
                findings of project justification, policies and 
                land use patterns that promote public 
                transportation, and local financial commitment 
                under this subsection.
          (3) Selection criteria.--The Secretary may provide 
        Federal assistance for a small start project under this 
        subsection only if the Secretary determines that the 
        project--
                  (A) has been adopted as the locally preferred 
                alternative as part of the metropolitan 
                transportation plan required under section 
                5303;
                  (B) is based on the results of an analysis of 
                the benefits of the project as set forth in 
                paragraph (4); and
                  (C) is supported by [an acceptable degree of] 
                a local financial commitment.
          (4) Evaluation of benefits and federal investment.--
        In making a determination for a small start project 
        under paragraph (3)(B), the Secretary shall analyze, 
        evaluate, and consider the following evaluation 
        criteria for the project (as compared to a no-action 
        alternative): mobility improvements, environmental 
        benefits, congestion relief, economic development 
        effects associated with the project, policies and land 
        use patterns that support public transportation, the 
        extent to which the project improves transportation 
        options to economically distressed areas, and cost-
        effectiveness as measured by cost per rider.
          (5) Evaluation of local financial commitment.--For 
        purposes of paragraph (3)(C), the Secretary shall 
        require that each proposed local source of capital and 
        operating financing is stable, reliable, and available 
        within the proposed project timetable, 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.
          (6) Ratings.--
                  (A) In general.--In carrying out paragraphs 
                (4) and (5) for a small start project, the 
                Secretary shall evaluate and rate the project 
                on a 5-point scale (high, medium-high, medium, 
                medium-low, or low) based on an evaluation of 
                the benefits of the project as compared to the 
                Federal assistance to be provided and the 
                degree of local financial commitment, as 
                required under this subsection. In rating the 
                projects, the Secretary shall provide, in 
                addition to the overall project rating, 
                individual ratings for each of the criteria 
                established by this subsection and shall give 
                comparable, but not necessarily equal, 
                numerical weight to the benefits that the 
                project will bring to the community in 
                calculating the overall project rating.
                  (B) Optional early rating.--At the request of 
                the project sponsor, the Secretary shall 
                evaluate and rate the project in accordance 
                with paragraphs (4) and (5) and subparagraph 
                (A) of this paragraph upon completion of the 
                analysis required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
          (7) Grants and expedited grant agreements.--
                  (A) In general.--The Secretary, to the 
                maximum extent practicable, shall provide 
                Federal assistance under this subsection in a 
                single grant. If the Secretary cannot provide 
                such a single grant, the Secretary may execute 
                an expedited grant agreement in order to 
                include a commitment on the part of the 
                Secretary to provide funding for the project in 
                future fiscal years.
                  (B) Terms of expedited grant agreements.--In 
                executing an expedited grant agreement under 
                this subsection, the Secretary may include in 
                the agreement terms similar to those 
                established under subsection (k)(2).
                  (C) Notice of proposed grants and expedited 
                grant agreements.--At least [10 days] 3 days 
                before making a grant award or entering into a 
                grant agreement for a project under this 
                subsection, the Secretary shall notify, in 
                writing, the Committee on Transportation and 
                Infrastructure and the Committee on 
                Appropriations of the House of Representatives 
                and the Committee on Banking, Housing, and 
                Urban Affairs and the Committee on 
                Appropriations of the Senate of the proposed 
                grant or expedited grant agreement, as well as 
                the evaluations and ratings for the project.
  [(i) Programs of Interrelated Projects.--
          [(1) Project development phase.--A federally funded 
        project in a program of interrelated projects shall 
        advance through project development as provided in 
        subsection (d), (e), or (h), as applicable.
          [(2) Engineering phase.--A federally funded new fixed 
        guideway capital project or core capacity improvement 
        project in a program of interrelated projects may 
        advance into the engineering phase upon completion of 
        activities required under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), as 
        demonstrated by a record of decision with respect to 
        the project, a finding that the project has no 
        significant impact, or a determination that the project 
        is categorically excluded, only if the Secretary 
        determines that--
                  [(A) the project is selected as the locally 
                preferred alternative at the completion of the 
                process required under the National 
                Environmental Policy Act of 1969;
                  [(B) the project is adopted into the 
                metropolitan transportation plan required under 
                section 5303;
                  [(C) the program of interrelated projects 
                involves projects that have a logical 
                connectivity to one another;
                  [(D) the program of interrelated projects, 
                when evaluated as a whole--
                          [(i) meets the requirements of 
                        subsection (d)(2), subsection (e)(2), 
                        or paragraphs (3) and (4) of subsection 
                        (h), as applicable, if the program is 
                        comprised entirely of--
                                  [(I) new fixed guideway 
                                capital projects;
                                  [(II) core capacity 
                                improvement projects; or
                                  [(III) small start projects; 
                                or
                          [(ii) meets the requirements of 
                        subsection (d)(2) if the program is 
                        comprised of any combination of new 
                        fixed guideway capital projects, small 
                        start projects, and core capacity 
                        improvement projects;
                  [(E) the program of interrelated projects is 
                supported by a program implementation plan 
                demonstrating that construction will begin on 
                each of the projects in the program of 
                interrelated projects within a reasonable time 
                frame; and
                  [(F) the program of interrelated projects is 
                supported by an acceptable degree of local 
                financial commitment, as described in 
                subsection (f) or subsection (h)(5), as 
                applicable.
          [(3) Project advancement and ratings.--
                  [(A) Project advancement.--A project 
                receiving a grant under this section that is 
                part of a program of interrelated projects may 
                not advance--
                          [(i) in the case of a small start 
                        project, from the project development 
                        phase to the construction phase unless 
                        the Secretary determines that the 
                        program of interrelated projects meets 
                        the applicable requirements of this 
                        section and there is a reasonable 
                        likelihood that the program will 
                        continue to meet such requirements; or
                          [(ii) in the case of a new fixed 
                        guideway capital project or a core 
                        capacity improvement project, from the 
                        project development phase to the 
                        engineering phase, or from the 
                        engineering phase to the construction 
                        phase, unless the Secretary determines 
                        that the program of interrelated 
                        projects meets the applicable 
                        requirements of this section and there 
                        is a reasonable likelihood that the 
                        program will continue to meet such 
                        requirements.
                  [(B) Ratings.--
                          [(i) Overall rating.--In making a 
                        determination under subparagraph (A), 
                        the Secretary shall evaluate and rate a 
                        program of interrelated projects on a 
                        5-point scale (high, medium-high, 
                        medium, medium-low, or low) based on 
                        the criteria described in paragraph 
                        (2).
                          [(ii) Individual rating for each 
                        criterion.--In rating a program of 
                        interrelated projects, the Secretary 
                        shall provide, in addition to the 
                        overall program rating, individual 
                        ratings for each of the criteria 
                        described in paragraph (2) and shall 
                        give comparable, but not necessarily 
                        equal, numerical weight to each such 
                        criterion in calculating the overall 
                        program rating.
                          [(iii) Medium rating not required.--
                        The Secretary shall not require that 
                        any single criterion described in 
                        paragraph (2) meet or exceed a 
                        ``medium'' rating in order to advance 
                        the program of interrelated projects 
                        from one phase to another.
          [(4) Annual review.--
                  [(A) Review required.--The Secretary shall 
                annually review the program implementation plan 
                required under paragraph (2)(E) to determine 
                whether the program of interrelated projects is 
                adhering to its schedule.
                  [(B) Extension of time.--If a program of 
                interrelated projects is not adhering to its 
                schedule, the Secretary may, upon the request 
                of the applicant, grant an extension of time if 
                the applicant submits a reasonable plan that 
                includes--
                          [(i) evidence of continued adequate 
                        funding; and
                          [(ii) an estimated time frame for 
                        completing the program of interrelated 
                        projects.
                  [(C) Satisfactory progress required.--If the 
                Secretary determines that a program of 
                interrelated projects is not making 
                satisfactory progress, no Federal funds shall 
                be provided for a project within the program of 
                interrelated projects.
          [(5) Failure to carry out program of interrelated 
        projects.--
                  [(A) Repayment required.--If an applicant 
                does not carry out the program of interrelated 
                projects within a reasonable time, for reasons 
                within the control of the applicant, the 
                applicant shall repay all Federal funds 
                provided for the program, and any reasonable 
                interest and penalty charges that the Secretary 
                may establish.
                  [(B) Crediting of funds received.--Any funds 
                received by the Government under this 
                paragraph, other than interest and penalty 
                charges, shall be credited to the appropriation 
                account from which the funds were originally 
                derived.
          [(6) Non-federal funds.--Any non-Federal funds 
        committed to a project in a program of interrelated 
        projects may be used to meet a non-Government share 
        requirement for any other project in the program of 
        interrelated projects, if the Government share of the 
        cost of each project within the program of interrelated 
        projects does not exceed 80 percent.
          [(7) Priority.--In making grants under this section, 
        the Secretary may give priority to programs of 
        interrelated projects for which the non-Government 
        share of the cost of the projects included in the 
        programs of interrelated projects exceeds the non-
        Government share required under subsection (l).
          [(8) Non-government projects.--Including a project 
        not financed by the Government in a program of 
        interrelated projects does not impose Government 
        requirements that would not otherwise apply to the 
        project.]
  (i) Interrelated Projects.--
          (1) Ratings improvement.--The Secretary shall grant a 
        rating increase of 1 level in mobility improvements to 
        any project being rated under subsection (d), (e), or 
        (h), if the Secretary certifies that the project has a 
        qualifying interrelated project that meets the 
        requirements of paragraph (2).
          (2) Interrelated project.--A qualifying interrelated 
        project is a transit project that--
                  (A) is adopted into the metropolitan 
                transportation plan required under section 
                5303;
                  (B) has received a class of action 
                designation under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                  (C) will likely increase ridership on the 
                project being rated in subsection (d), (e), or 
                (h), respectively, as determined by the 
                Secretary; and
                  (D) meets one of the following criteria:
                          (i) Extends the corridor of the 
                        project being rated in subsection (d), 
                        (e), or (h), respectively.
                          (ii) Provides a direct passenger 
                        transfer to the project being rated in 
                        subsection (d), (e), or (h), 
                        respectively.
  (j) Previously Issued Letter of Intent or Full Funding Grant 
Agreement.--Subsections (d) and (e) shall not apply to projects 
for which the Secretary has issued a letter of intent, approved 
entry into final design, entered into a full funding grant 
agreement, or entered into a project construction grant 
agreement before the date of enactment of the Federal Public 
Transportation Act of 2012.
  (k) Letters of Intent, Full Funding Grant Agreements, and 
Early Systems Work Agreements.--
          (1) Letters of intent.--
                  (A) Amounts intended to be obligated.--The 
                Secretary may issue a letter of intent to an 
                applicant announcing an intention to obligate, 
                for a new fixed guideway capital project or 
                core capacity improvement project, an amount 
                from future available budget authority 
                specified in law that is not more than the 
                amount stipulated as the financial 
                participation of the Secretary in the project. 
                When a letter is issued for a capital project 
                under this section, the amount shall be 
                sufficient to complete at least an operable 
                segment.
                  (B) Treatment.--The issuance of a letter 
                under subparagraph (A) is deemed not to be an 
                obligation under sections 1108(c), 1501, and 
                1502(a) of title 31 or an administrative 
                commitment.
          (2) Full funding grant agreements.--
                  (A) In general.--A new fixed guideway capital 
                project or core capacity improvement project 
                shall be carried out through a full funding 
                grant agreement.
                  (B) Criteria.--The Secretary shall enter into 
                a full funding grant agreement, based on the 
                evaluations and ratings required under 
                subsection (d), (e), or (i), as applicable, 
                with each grantee receiving assistance for a 
                new fixed guideway capital project or core 
                capacity improvement project that has been 
                rated as high, medium-high, or medium, in 
                accordance with subsection (g)(2)(A) or 
                (i)(3)(B), as applicable.
                  (C) Terms.--A full funding grant agreement 
                shall--
                          (i) establish the terms of 
                        participation by the Government in a 
                        new fixed guideway capital project or 
                        core capacity improvement project;
                          (ii) establish the maximum amount of 
                        Federal financial assistance for the 
                        project;
                          (iii) include the period of time for 
                        completing the project, even if that 
                        period extends beyond the period of an 
                        authorization; and
                          (iv) make timely and efficient 
                        management of the project easier 
                        according to the law of the United 
                        States.
                  (D) Special financial rules.--
                          (i) In general.--A full funding grant 
                        agreement under this paragraph 
                        obligates an amount of available budget 
                        authority specified in law and 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.
                          (ii) Statement of contingent 
                        commitment.--The agreement shall state 
                        that the contingent commitment is not 
                        an obligation of the Government.
                          (iii) Interest and other financing 
                        costs.--Interest and other financing 
                        costs of efficiently carrying out a 
                        part of the project within a reasonable 
                        time are a cost of carrying out the 
                        project under a full funding 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. The applicant 
                        shall certify, in a way satisfactory to 
                        the Secretary, that the applicant has 
                        shown reasonable diligence in seeking 
                        the most favorable financing terms.
                          (iv) Completion of operable 
                        segment.--The amount stipulated in an 
                        agreement under this paragraph for a 
                        new fixed guideway capital project 
                        shall be sufficient to complete at 
                        least an operable segment.
                          (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.
                  (E) Before and after study.--
                          (i) In general.--A full funding grant 
                        agreement under this paragraph shall 
                        require the applicant to conduct a 
                        study that--
                                  (I) describes and analyzes 
                                the impacts of the new fixed 
                                guideway capital project or 
                                core capacity improvement 
                                project on public 
                                transportation services and 
                                public transportation 
                                ridership;
                                  (II) evaluates the 
                                consistency of predicted and 
                                actual project characteristics 
                                and performance; and
                                  (III) identifies reasons for 
                                differences between predicted 
                                and actual outcomes.
                          (ii) Information collection and 
                        analysis plan.--
                                  (I) Submission of plan.--
                                Applicants seeking a full 
                                funding grant agreement under 
                                this paragraph shall submit a 
                                complete plan for the 
                                collection and analysis of 
                                information to identify the 
                                impacts of the new fixed 
                                guideway capital project or 
                                core capacity improvement 
                                project and the accuracy of the 
                                forecasts prepared during the 
                                development of the project. 
                                Preparation of this plan shall 
                                be included in the full funding 
                                grant agreement as an eligible 
                                activity.
                                  (II) Contents of plan.--The 
                                plan submitted under subclause 
                                (I) shall provide for--
                                          (aa) collection of 
                                        data on the current 
                                        public transportation 
                                        system regarding public 
                                        transportation service 
                                        levels and ridership 
                                        patterns, including 
                                        origins and 
                                        destinations, access 
                                        modes, trip purposes, 
                                        and rider 
                                        characteristics;
                                          (bb) documentation of 
                                        the predicted scope, 
                                        service levels, capital 
                                        costs, operating costs, 
                                        and ridership of the 
                                        project;
                                          (cc) collection of 
                                        data on the public 
                                        transportation system 2 
                                        years after the opening 
                                        of a new fixed guideway 
                                        capital project or core 
                                        capacity improvement 
                                        project, including 
                                        analogous information 
                                        on public 
                                        transportation service 
                                        levels and ridership 
                                        patterns and 
                                        information on the as-
                                        built scope, capital, 
                                        and financing costs of 
                                        the project; and
                                          (dd) analysis of the 
                                        consistency of 
                                        predicted project 
                                        characteristics with 
                                        actual outcomes.
                  (F) Collection of data on current system.--To 
                be eligible for a full funding grant agreement 
                under this paragraph, recipients shall have 
                collected data on the current system, according 
                to the plan required under subparagraph 
                (E)(ii), before the beginning of construction 
                of the proposed new fixed guideway capital 
                project or core capacity improvement project. 
                Collection of this data shall be included in 
                the full funding grant agreement as an eligible 
                activity.
          (3) Early systems work agreements.--
                  (A) Conditions.--The Secretary may enter into 
                an early systems work agreement with an 
                applicant if a record of decision under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) has been issued on the 
                project and the Secretary finds there is reason 
                to believe--
                          (i) a full funding grant agreement 
                        for the project will be made; and
                          (ii) the terms of the work agreement 
                        will promote ultimate completion of the 
                        project more rapidly and at less cost.
                  (B) Contents.--
                          (i) In general.--An early systems 
                        work agreement under this paragraph 
                        obligates budget authority available 
                        under this chapter and title 23 and 
                        shall provide for reimbursement of 
                        preliminary costs of carrying out the 
                        project, including land acquisition, 
                        timely procurement of system elements 
                        for which specifications are decided, 
                        and other activities the Secretary 
                        decides are appropriate to make 
                        efficient, long-term project management 
                        easier.
                          (ii) Contingent commitment.--An early 
                        systems work agreement 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.
                          (iii) Period covered.--An early 
                        systems work agreement under this 
                        paragraph shall cover the period of 
                        time the Secretary considers 
                        appropriate. The period may extend 
                        beyond the period of current 
                        authorization.
                          (iv) Interest and other financing 
                        costs.--Interest and other financing 
                        costs of efficiently carrying out the 
                        early systems work agreement within a 
                        reasonable time are a cost of carrying 
                        out the 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. The applicant 
                        shall certify, in a way satisfactory to 
                        the Secretary, that the applicant has 
                        shown reasonable diligence in seeking 
                        the most favorable financing terms.
                          (v) Failure to carry out project.--If 
                        an applicant does not carry out the 
                        project for reasons within the control 
                        of the applicant, the applicant shall 
                        repay all Federal grant funds awarded 
                        for the project from all Federal 
                        funding sources, for all project 
                        activities, facilities, and equipment, 
                        plus reasonable interest and penalty 
                        charges allowable by law or established 
                        by the Secretary in the early systems 
                        work agreement.
                          (vi) Crediting of funds received.--
                        Any funds received by the Government 
                        under this paragraph, other than 
                        interest and penalty charges, shall be 
                        credited to the appropriation account 
                        from which the funds were originally 
                        derived.
          (4) Limitation on amounts.--
                  (A) In general.--The Secretary may enter into 
                full funding grant agreements under this 
                subsection for new fixed guideway capital 
                projects and core capacity improvement projects 
                that contain contingent commitments to incur 
                obligations in such amounts as the Secretary 
                determines are appropriate.
                  (B) Appropriation required.--An obligation 
                may be made under this subsection only when 
                amounts are appropriated for the obligation.
          (5) Notification to congress.--At least [30 days] 3 
        days before issuing a letter of intent, entering into a 
        full funding grant agreement, or entering into an early 
        systems work agreement under this section, the 
        Secretary shall notify, in writing, the Committee on 
        Banking, Housing, and Urban Affairs and the Committee 
        on Appropriations of the Senate and the Committee on 
        Transportation and Infrastructure and the Committee on 
        Appropriations of the House of Representatives of the 
        proposed letter or agreement. The Secretary shall 
        include with the notification a copy of the proposed 
        letter or agreement as well as the evaluations and 
        ratings for the project.
  (l) Government Share of Net Capital Project Cost.--
          (1) In general.--
                  (A) Estimation of net capital project cost.--
                Based on engineering studies, studies of 
                economic feasibility, and information on the 
                expected use of equipment or facilities, the 
                Secretary shall estimate the net capital 
                project cost.
                  [(B) Grants.--
                          [(i) Grant for new fixed guideway 
                        capital project.--A grant for a new 
                        fixed guideway capital project shall 
                        not exceed 80 percent of the net 
                        capital project cost.
                          [(ii) Full funding grant agreement 
                        for new fixed guideway capital 
                        project.--A full funding grant 
                        agreement for a new fixed guideway 
                        capital project shall not include a 
                        share of more than 60 percent from the 
                        funds made available under this 
                        section.
                          [(iii) Grant for core capacity 
                        improvement project.--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.
                          [(iv) Grant for small start 
                        project.--A grant for a small start 
                        project shall not exceed 80 percent of 
                        the net capital project costs.]
                  (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.
          (2) Adjustment for completion under budget.--The 
        Secretary may adjust the final net capital project cost 
        of a new fixed guideway capital project or core 
        capacity improvement project evaluated under subsection 
        (d), (e), or (i) to include the cost of eligible 
        activities not included in the originally defined 
        project if the Secretary determines that the originally 
        defined project has been completed at a cost that is 
        significantly below the original estimate.
          (3) Maximum government share.--The Secretary may 
        provide a higher grant percentage than requested by the 
        grant recipient if--
                  (A) the Secretary determines that the net 
                capital project cost of the project is not more 
                than 10 percent higher than the net capital 
                project cost estimated at the time the project 
                was approved for advancement into the 
                engineering phase; and
                  (B) the ridership estimated for the project 
                is not less than 90 percent of the ridership 
                estimated for the project at the time the 
                project was approved for advancement into the 
                engineering phase.
          (4) Remaining costs.--The remainder of the net 
        capital project costs shall be provided--
                  (A) in cash from non-Government sources;
                  (B) from revenues from the sale of 
                advertising and concessions[; or];
                  (C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or 
                reserve, or new capital[.];
                  (D) transportation development credits; or
                  (E) from grant proceeds distributed under 
                section 103 of the Housing and Community 
                Development Act of 1974 (42 U.S.C. 5303) or 
                section 201 of the Public Works and Economic 
                Development Act of 1965 (42 U.S.C. 3141) 
                provided that--
                          (i) such funds are used in 
                        conjunction with the planning or 
                        development of affordable housing; and
                          (ii) such affordable housing is 
                        located within one-half of a mile of a 
                        new station.
          [(5) Limitation on statutory construction.--Nothing 
        in this section shall be construed as authorizing the 
        Secretary to require a non-Federal financial commitment 
        for a project that is more than 20 percent of the net 
        capital project cost.]
          (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.
          (6) Special rule for rolling stock costs.--In 
        addition to amounts allowed pursuant to paragraph (1), 
        a planned extension to a fixed guideway system may 
        include the cost of rolling stock previously purchased 
        if the applicant satisfies the Secretary that only 
        amounts other than amounts provided by the Government 
        were used and that the purchase was made for use on the 
        extension. A refund or reduction of the remainder may 
        be made only if a refund of a proportional amount of 
        the grant of the Government is made at the same time.
          (7) Limitation on applicability.--This subsection 
        shall not apply to projects for which the Secretary 
        entered into a full funding grant agreement before the 
        date of enactment of the Federal Public Transportation 
        Act of 2012.
          [(8) Special rule for fixed guideway bus rapid 
        transit projects.--For up to three fixed-guideway bus 
        rapid transit projects each fiscal year the Secretary 
        shall--
                  [(A) establish a Government share of at least 
                80 percent; and
                  [(B) not lower the project's rating for 
                degree of local financial commitment for 
                purposes of subsections (d)(2)(A)(v) or 
                (h)(3)(C) as a result of the Government share 
                specified in this paragraph.]
          (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).
  (m) Undertaking Projects in Advance.--
          (1) In general.--The Secretary may pay the Government 
        share of the net capital project cost to a State or 
        local governmental authority that carries out any part 
        of a project described in this section without the aid 
        of amounts of the Government and according to all 
        applicable procedures and requirements if--
                  (A) the State or local governmental authority 
                applies for the payment;
                  (B) the Secretary approves the payment; and
                  (C) before the State or local governmental 
                authority carries out the part of the project, 
                the Secretary approves the plans and 
                specifications for the part in the same way as 
                other projects under this section.
          (2) Financing costs.--
                  (A) In general.--The cost of carrying out 
                part of a project includes the amount of 
                interest earned and payable on bonds issued by 
                the State or local governmental authority to 
                the extent proceeds of the bonds are expended 
                in carrying out the part.
                  (B) Limitation on amount of interest.--The 
                amount of interest under this paragraph may not 
                be more than the most favorable interest terms 
                reasonably available for the project at the 
                time of borrowing.
                  (C) Certification.--The applicant shall 
                certify, in a manner satisfactory to the 
                Secretary, that the applicant has shown 
                reasonable diligence in seeking the most 
                favorable financing terms.
  (n) Availability of Amounts.--
          (1) In general.--An amount made available or 
        appropriated for a new fixed guideway capital project 
        or core capacity improvement project shall remain 
        available to that project for 4 fiscal years, including 
        the fiscal year in which the amount is made available 
        or appropriated. Any amounts that are unobligated to 
        the project at the end of the 4-fiscal-year period may 
        be used by the Secretary for any purpose under this 
        section.
          (2) Use of deobligated amounts.--An amount available 
        under this section that is deobligated may be used for 
        any purpose under this section.
  (o) Reports on New Fixed Guideway and Core Capacity 
Improvement Projects.--
          (1) Annual report on funding recommendations.--Not 
        later than the first Monday in February of each year, 
        the Secretary shall submit to the Committee on Banking, 
        Housing, and Urban Affairs and the Committee on 
        Appropriations of the Senate and the Committee on 
        Transportation and Infrastructure and the Committee on 
        Appropriations of the House of Representatives a report 
        that includes--
                  (A) a proposal of allocations of amounts to 
                be available to finance grants for projects 
                under this section among applicants for these 
                amounts;
                  (B) evaluations and ratings, as required 
                under subsections (d), (e), and (i), for each 
                such project that is in project development, 
                engineering, or has received a full funding 
                grant agreement; and
                  (C) recommendations of such projects for 
                funding based on the evaluations and ratings 
                and on existing commitments and anticipated 
                funding levels for the next 3 fiscal years 
                based on information currently available to the 
                Secretary.
          (2) Reports on before and after studies.--Not later 
        than the first Monday in August of each year, the 
        Secretary shall submit to the committees described in 
        paragraph (1) a report containing a summary of the 
        results of any studies conducted under subsection 
        (k)(2)(E).
          (3) Biennial gao review.--The Comptroller General of 
        the United States shall--
                  (A) conduct a biennial review of--
                          (i) the processes and procedures for 
                        evaluating, rating, and recommending 
                        new fixed guideway capital projects and 
                        core capacity improvement projects; and
                          (ii) the Secretary's implementation 
                        of such processes and procedures; and
                  (B) report to Congress on the results of such 
                review by May 31 of each year.
          (4) CIG program dashboard.--Not later than the fifth 
        day of each month, the Secretary shall make publicly 
        available on a website data on, including the status 
        of, each project under this section that is in the 
        project development phase, in the engineering phase, or 
        has received a grant agreement and remains under 
        construction. Such data shall include, for each 
        project--
                  (A) the amount and fiscal year of any funding 
                appropriated, allocated, or obligated for the 
                project;
                  (B) the date on which the project--
                          (i) entered the project development 
                        phase;
                          (ii) entered the engineering phase, 
                        if applicable; and
                          (iii) received a grant agreement, if 
                        applicable; and
                  (C) the status of review by the Federal 
                Transit Administration and the Secretary, 
                including dates of request, dates of acceptance 
                of request, and dates of a decision for each of 
                the following, if applicable:
                          (i) A letter of no prejudice.
                          (ii) An environmental impact 
                        statement notice of intent.
                          (iii) A finding of no significant 
                        environmental impact.
                          (iv) A draft environmental impact 
                        statement.
                          (v) A final environmental impact 
                        statement.
                          (vi) A record of decision on the 
                        final environmental impact statement.
                          (vii) The status of the applicant in 
                        securing the non-Federal match, based 
                        on information provided by the 
                        applicant, including the amount 
                        committed, budgeted, planned, and 
                        undetermined.
  (p) Special Rule.--For the purposes of calculating the cost 
effectiveness of a project described in subsection (d) or (e), 
the Secretary shall not reduce or eliminate the capital costs 
of art and non-functional landscaping elements from the 
annualized capital cost calculation.
  (q) Joint Public Transportation and Intercity Passenger Rail 
Projects.--
          (1) In general.--The Secretary may make grants for 
        new fixed guideway capital projects and core capacity 
        improvement projects that provide both public 
        transportation and intercity passenger rail service.
          (2) Eligible costs.--Eligible costs for a project 
        under this subsection shall be limited to the net 
        capital costs of the public transportation costs 
        attributable to the project based on projected use of 
        the new segment or expanded capacity of the project 
        corridor, not including project elements designed to 
        achieve or maintain a state of good repair, as 
        determined by the Secretary under paragraph (4).
          (3) Project justification and local financial 
        commitment.--A project under this subsection shall be 
        evaluated for project justification and local financial 
        commitment under subsections (d), (e), (f), and (h), as 
        applicable to the project, based on--
                  (A) the net capital costs of the public 
                transportation costs attributable to the 
                project as determined under paragraph (4); and
                  (B) the share of funds dedicated to the 
                project from sources other than this section 
                included in the unified finance plan for the 
                project.
          (4) Calculation of net capital project cost.--The 
        Secretary shall estimate the net capital costs of a 
        project under this subsection based on--
                  (A) engineering studies;
                  (B) studies of economic feasibility;
                  (C) the expected use of equipment or 
                facilities; and
                  (D) the public transportation costs 
                attributable to the project.
          (5) Government share of net capital project cost.--
                  (A) Government share.--The Government share 
                shall not exceed 80 percent of the net capital 
                cost attributable to the public transportation 
                costs of a project under this subsection as 
                determined under paragraph (4).
                  (B) Non-government share.--The remainder of 
                the net capital cost attributable to the public 
                transportation costs of a project under this 
                subsection shall be provided from an 
                undistributed cash surplus, a replacement or 
                depreciation cash fund or reserve, or new 
                capital.

Sec. 5310. Formula grants for the enhanced mobility of seniors and 
                    individuals with disabilities

  (a) Definitions.--In this section, the following definitions 
shall apply:
          (1) Recipient.--The term ``recipient'' means--
                  (A) a designated recipient or a State that 
                receives a grant under this section directly; 
                or
                  (B) a State or local governmental entity that 
                operates a public transportation service.
          (2) Subrecipient.--The term ``subrecipient'' means a 
        State or local governmental authority, a private 
        nonprofit organization, or an operator of public 
        transportation that receives a grant under this section 
        indirectly through a recipient.
  (b) General Authority.--
          (1) Grants.--The Secretary may make grants under this 
        section to recipients for--
                  (A) public transportation projects planned, 
                designed, and carried out to meet the special 
                needs of seniors and individuals with 
                disabilities when public transportation is 
                insufficient, inappropriate, or unavailable;
                  (B) public transportation projects that 
                exceed the requirements of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.);
                  (C) public transportation projects that 
                improve access to fixed route service and 
                decrease reliance by individuals with 
                disabilities on complementary paratransit; and
                  (D) alternatives to public transportation 
                that assist seniors and individuals with 
                disabilities with transportation.
          (2) Limitations for capital projects.--
                  (A) Amount available.--The amount available 
                for capital projects under paragraph (1)(A) 
                shall be not less than 55 percent of the funds 
                apportioned to the recipient under this 
                section.
                  (B) Allocation to subrecipients.--A recipient 
                of a grant under paragraph (1)(A) may allocate 
                the amounts provided under the grant to--
                          (i) a private nonprofit organization; 
                        or
                          (ii) a State or local governmental 
                        authority that--
                                  (I) is approved by a State to 
                                coordinate services for seniors 
                                and individuals with 
                                disabilities; or
                                  (II) certifies that there are 
                                no private nonprofit 
                                organizations readily available 
                                in the area to provide the 
                                services described in paragraph 
                                (1)(A).
          (3) Administrative expenses.--A recipient may use not 
        more than 10 percent of the amounts apportioned to the 
        recipient under this section to administer, plan, and 
        provide technical assistance for a project funded under 
        this section.
          (4) Eligible capital expenses.--The acquisition of 
        public transportation services is an eligible capital 
        expense under this section.
          (5) Coordination.--
                  (A) Department of transportation.--To the 
                maximum extent feasible, the Secretary shall 
                coordinate activities under this section with 
                related activities under other Federal 
                departments and agencies.
                  (B) Other federal agencies and nonprofit 
                organizations.--A State or local governmental 
                authority or nonprofit organization that 
                receives assistance from Government sources 
                (other than the Department of Transportation) 
                for nonemergency transportation services 
                shall--
                          (i) participate and coordinate with 
                        recipients of assistance under this 
                        chapter in the design and delivery of 
                        transportation services; and
                          (ii) participate in the planning for 
                        the transportation services described 
                        in clause (i).
          (6) Program of projects.--
                  (A) In general.--Amounts made available to 
                carry out this section may be used for 
                transportation projects to assist in providing 
                transportation services for seniors and 
                individuals with disabilities, if such 
                transportation projects are included in a 
                program of projects.
                  (B) Submission.--A recipient shall annually 
                submit a program of projects to the Secretary.
                  (C) Assurance.--The program of projects 
                submitted under subparagraph (B) shall contain 
                an assurance that the program provides for the 
                maximum feasible coordination of transportation 
                services assisted under this section with 
                transportation services assisted by other 
                Government sources.
          (7) Meal delivery for homebound individuals and 
        incidental use.--A public transportation service 
        provider that receives assistance under this section or 
        section 5311(c) may coordinate and assist in regularly 
        providing meal delivery service for homebound 
        individuals or providing other incidental services, if 
        the [delivery service does not conflict] service does 
        not conflict with providing public transportation 
        service or reduce service to public transportation 
        passengers.
  (c) Apportionment and Transfers.--
          (1) Formula.--The Secretary shall apportion amounts 
        made available to carry out this section as follows:
                  (A) Large urbanized areas.--Sixty percent of 
                the funds shall be apportioned among designated 
                recipients for urbanized areas with a 
                population of 200,000 or more individuals, as 
                determined by the Bureau of the Census, in the 
                ratio that--
                          (i) the number of seniors and 
                        individuals with disabilities in each 
                        such urbanized area; bears to
                          (ii) the number of seniors and 
                        individuals with disabilities in all 
                        such urbanized areas.
                  (B) Small urbanized areas.--Twenty percent of 
                the funds shall be apportioned among the States 
                in the ratio that--
                          (i) the number of seniors and 
                        individuals with disabilities in 
                        urbanized areas with a population of 
                        fewer than 200,000 individuals, as 
                        determined by the Bureau of the Census, 
                        in each State; bears to
                          (ii) the number of seniors and 
                        individuals with disabilities in 
                        urbanized areas with a population of 
                        fewer than 200,000 individuals, as 
                        determined by the Bureau of the Census, 
                        in all States.
                  (C) Rural areas.--Twenty percent of the funds 
                shall be apportioned among the States in the 
                ratio that--
                          (i) the number of seniors and 
                        individuals with disabilities in rural 
                        areas in each State; bears to
                          (ii) the number of seniors and 
                        individuals with disabilities in rural 
                        areas in all States.
          (2) Areas served by projects.--
                  (A) In general.--Except as provided in 
                subparagraph (B)--
                          (i) funds apportioned under paragraph 
                        (1)(A) shall be used for projects 
                        serving urbanized areas with a 
                        population of 200,000 or more 
                        individuals, as determined by the 
                        Bureau of the Census;
                          (ii) funds apportioned under 
                        paragraph (1)(B) shall be used for 
                        projects serving urbanized areas with a 
                        population of fewer than 200,000 
                        individuals, as determined by the 
                        Bureau of the Census; and
                          (iii) funds apportioned under 
                        paragraph (1)(C) shall be used for 
                        projects serving rural areas.
                  (B) Exceptions.--A State may use funds 
                apportioned to the State under subparagraph (B) 
                or (C) of paragraph (1)--
                          (i) for a project serving an area 
                        other than an area specified in 
                        subparagraph (A)(ii) or (A)(iii), as 
                        the case may be, if the Governor of the 
                        State certifies that all of the 
                        objectives of this section are being 
                        met in the area specified in 
                        subparagraph (A)(ii) or (A)(iii); or
                          (ii) for a project anywhere in the 
                        State, if the State has established a 
                        statewide program for meeting the 
                        objectives of this section.
                  (C) Limited to eligible projects.--Any funds 
                transferred pursuant to subparagraph (B) shall 
                be made available only for eligible projects 
                selected under this section.
                  (D) Consultation.--A recipient may transfer 
                an amount under subparagraph (B) only after 
                consulting with responsible local officials, 
                publicly owned operators of public 
                transportation, and nonprofit providers in the 
                area for which the amount was originally 
                apportioned.
  (d) Government Share of Costs.--
          (1) Capital projects.--A grant for a capital project 
        under this section shall be in an amount equal to 80 
        percent of the net capital costs of the project, as 
        determined by the Secretary.
          (2) Operating assistance.--A grant made under this 
        section for operating assistance may not exceed an 
        amount equal to 50 percent of the net operating costs 
        of the project, as determined by the Secretary.
          (3) Remainder of net costs.--The remainder of the net 
        costs of a project carried out under this section--
                  (A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital; and
                  (B) may be derived from amounts appropriated 
                or otherwise made available--
                          (i) to a department or agency of the 
                        Government (other than the Department 
                        of Transportation) that are eligible to 
                        be expended for transportation; or
                          (ii) to carry out the Federal lands 
                        highways program under section 204 of 
                        title 23.
          (4) Use of certain funds.--For purposes of paragraph 
        (3)(B)(i), the prohibition under section 
        403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) on the use of grant funds for 
        matching requirements shall not apply to Federal or 
        State funds to be used for transportation purposes.
  (e) Grant Requirements.--
          (1) In general.--A grant under this section shall be 
        subject to the same requirements as a grant under 
        section 5307, to the extent the Secretary determines 
        appropriate.
          (2) Certification requirements.--
                  (A) Project selection and plan development.--
                Before receiving a grant under this section, 
                each recipient shall certify that--
                          (i) the projects selected by the 
                        recipient are included in a locally 
                        developed, coordinated public transit-
                        human services transportation plan;
                          (ii) the plan described in clause (i) 
                        was developed and approved through a 
                        process that included participation by 
                        seniors, individuals with disabilities, 
                        representatives of public, private, and 
                        nonprofit transportation and human 
                        services providers, and other members 
                        of the public; and
                          (iii) to the maximum extent feasible, 
                        the services funded under this section 
                        will be coordinated with transportation 
                        services assisted by other Federal 
                        departments and agencies, including any 
                        transportation activities carried out 
                        by a recipient of a grant from the 
                        Department of Health and Human 
                        Services.
                  (B) Allocations to subrecipients.--If a 
                recipient allocates funds received under this 
                section to subrecipients, the recipient shall 
                certify that the funds are allocated on a fair 
                and equitable basis.
  (f) Competitive Process for Grants to Subrecipients.--
          (1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (c)(1)(A) may conduct, in 
        cooperation with the appropriate metropolitan planning 
        organization, an areawide solicitation for applications 
        for grants under this section.
          (2) Statewide solicitations.--A recipient of funds 
        apportioned under subparagraph (B) or (C) of subsection 
        (c)(1) may conduct a statewide solicitation for 
        applications for grants under this section.
          (3) Application.--If the recipient elects to engage 
        in a competitive process, a recipient or subrecipient 
        seeking to receive a grant from funds apportioned under 
        subsection (c) shall submit to the recipient making the 
        election an application in such form and in accordance 
        with such requirements as the recipient making the 
        election shall establish.
  (g) Transfers of Facilities and Equipment.--A recipient may 
transfer a facility or equipment acquired using a grant under 
this section to any other recipient eligible to receive 
assistance under this chapter, if--
          (1) the recipient in possession of the facility or 
        equipment consents to the transfer; and
          (2) the facility or equipment will continue to be 
        used as required under this section.
  (h) Performance Measures.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the Federal Public Transportation Act 
        of 2012, the Secretary shall submit a report to the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives making 
        recommendations on the establishment of performance 
        measures for grants under this section. Such report 
        shall be developed in consultation with national 
        nonprofit organizations that provide technical 
        assistance and advocacy on issues related to 
        transportation services for seniors and individuals 
        with disabilities.
          (2) Measures.--The performance measures to be 
        considered in the report under paragraph (1) shall 
        require the collection of quantitative and qualitative 
        information, as available, concerning--
                  (A) modifications to the geographic coverage 
                of transportation service, the quality of 
                transportation service, or service times that 
                increase the availability of transportation 
                services for seniors and individuals with 
                disabilities;
                  (B) ridership;
                  (C) accessibility improvements; and
                  (D) other measures, as the Secretary 
                determines is appropriate.
  (i) Best Practices.--The Secretary shall collect from, 
review, and disseminate to public transportation agencies--
          (1) innovative practices;
          (2) program models;
          (3) new service delivery options;
          (4) findings from activities under subsection (h); 
        and
          (5) transit cooperative research program reports.
  (j) One-Stop Paratransit Program.--
          (1) In general.--Not later than 6 months after the 
        date of enactment of this subsection, the Secretary 
        shall establish a one-stop paratransit competitive 
        grant program to encourage an extra stop in non-fixed 
        route Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.) service for a paratransit rider 
        to complete essential tasks.
          (2) Preference.--The Secretary shall give preference 
        to eligible recipients that--
                  (A) have comparable data for the year prior 
                to implementation of the grant program and made 
                available to the Secretary, academic and 
                nonprofit organizations for research purposes; 
                and
                  (B) plan to use agency personnel to implement 
                the pilot program.
          (3) Application criteria.--To be eligible to 
        participate in the grant program, an eligible recipient 
        shall submit to the Secretary an application containing 
        such information as the Secretary may require, 
        including information on--
                  (A) locations the eligible entity intends to 
                allow a stop at, if stops are limited, 
                including--
                          (i) childcare or education 
                        facilities;
                          (ii) pharmacies;
                          (iii) grocery stores; and
                          (iv) bank or ATM locations;
                  (B) methodology for informing the public of 
                the grant program;
                  (C) vehicles, personnel, and other resources 
                that will be used to implement the grant 
                program;
                  (D) if the applicant does not intend the 
                grant program to apply to the full area under 
                the jurisdiction of the applicant, a 
                description of the geographic area in which the 
                applicant intends the grant program to apply; 
                and
                  (E) the anticipated amount of increased 
                operating costs.
          (4) Selection.--The Secretary shall seek to achieve 
        diversity of participants in the grant program by 
        selecting a range of eligible entities that includes at 
        least--
                  (A) 5 eligible recipients that serve an area 
                with a population of 50,000 to 200,000;
                  (B) 10 eligible recipients that serve an area 
                with a population of over 200,000; and
                  (C) 5 eligible recipients that provide 
                transportation for rural communities.
          (5) Data-sharing criteria.--An eligible recipient in 
        this subsection shall provide data as the Secretary 
        requires, which may include--
                  (A) number of ADA paratransit trips conducted 
                each year;
                  (B) requested time of each paratransit trip;
                  (C) scheduled time of each paratransit trip;
                  (D) actual pickup time for each paratransit 
                trip;
                  (E) average length of a stop in the middle of 
                a ride as allowed by this subsection;
                  (F) any complaints received by a paratransit 
                rider;
                  (G) rider satisfaction with paratransit 
                services; and
                  (H) after the completion of the grant, an 
                assessment by the eligible recipient of its 
                capacity to continue a one-stop program 
                independently.
          (6) Report.--
                  (A) In general.--The Secretary shall make 
                publicly available an annual report on the 
                program carried out under this subsection for 
                each fiscal year, not later than December 31 of 
                the calendar year in which such fiscal year 
                ends.
                  (B) Contents.--The report required under 
                subparagraph (A) shall include a detailed 
                description of the activities carried out under 
                the program, and an evaluation of the program, 
                including an evaluation of the data shared by 
                eligible recipients under paragraph (5).
  (k) Innovative Coordinated Access and Mobility.--
          (1) Start up grants.--
                  (A) In general.--The Secretary may make 
                grants under this paragraph to eligible 
                recipients to assist in financing innovative 
                projects for the transportation disadvantaged 
                that improve the coordination of transportation 
                services and non-emergency medical 
                transportation services.
                  (B) Application.--An eligible recipient shall 
                submit to the Secretary an application that, at 
                a minimum, contains--
                          (i) a detailed description of the 
                        eligible project;
                          (ii) an identification of all 
                        eligible project partners and the 
                        specific role of each eligible project 
                        partner in the eligible project, 
                        including--
                                  (I) private entities engaged 
                                in the coordination of 
                                nonemergency medical 
                                transportation services for the 
                                transportation disadvantaged;
                                  (II) nonprofit entities 
                                engaged in the coordination of 
                                nonemergency medical 
                                transportation services for the 
                                transportation disadvantaged; 
                                or
                                  (III) Federal and State 
                                entities engaged in the 
                                coordination of nonemergency 
                                medical transportation services 
                                for the transportation 
                                disadvantaged; and
                          (iii) a description of how the 
                        eligible project shall--
                                  (I) improve local 
                                coordination or access to 
                                coordinated transportation 
                                services;
                                  (II) reduce duplication of 
                                service, if applicable; and
                                  (III) provide innovative 
                                solutions in the State or 
                                community.
                  (C) Performance measures.--An eligible 
                recipient shall specify, in an application for 
                a grant under this paragraph, the performance 
                measures the eligible project, in coordination 
                with project partners, will use to quantify 
                actual outcomes against expected outcomes, 
                including--
                          (i) changes to transportation 
                        expenditures as a result of improved 
                        coordination;
                          (ii) changes to healthcare 
                        expenditures provided by projects 
                        partners as a result of improved 
                        coordination; and
                          (iii) changes to health care metrics, 
                        including aggregate health outcomes 
                        provided by projects partners.
                  (D) Eligible uses.--Eligible recipients 
                receiving a grant under this section may use 
                such funds for--
                          (i) the deployment of coordination 
                        technology;
                          (ii) projects that create or increase 
                        access to community One-Call/One-Click 
                        Centers;
                          (iii) projects that coordinate 
                        transportation for 3 or more of--
                                  (I) public transportation 
                                provided under this section;
                                  (II) a State plan approved 
                                under title XIX of the Social 
                                Security Act (42 U.S.C. 1396 et 
                                seq.);
                                  (III) title XVIII of the 
                                Social Security Act (42 U.S.C. 
                                1395 et seq.);
                                  (IV) Veterans Health 
                                Administration; or
                                  (V) private health care 
                                facilities; and
                          (iv) such other projects as 
                        determined appropriate by the 
                        Secretary.
                  (E) Consultation.--In evaluating the 
                performance metrics described in subparagraph 
                (C), the Secretary shall consult with the 
                Secretary of Health and Human Services.
          (2) Incentive grants.--
                  (A) In general.--The Secretary may make 
                grants under this paragraph to eligible 
                recipients to incentivize innovative projects 
                for the transportation disadvantaged that 
                improve the coordination of transportation 
                services and non-emergency medical 
                transportation services.
                  (B) Selection of grant recipients.--The 
                Secretary shall distribute grant funds made 
                available to carry out this paragraph as 
                described in subparagraph (E) to eligible 
                recipients that apply and propose to 
                demonstrate improvement in the metrics 
                described in subparagraph (F).
                  (C) Eligibility.--An eligible recipient shall 
                not be required to have received a grant under 
                paragraph (1) to be eligible to receive a grant 
                under this paragraph.
                  (D) Applications.--Eligible recipients shall 
                submit to the Secretary an application that 
                includes--
                          (i) which metrics under subparagraph 
                        (F) the eligible recipient intends to 
                        improve;
                          (ii) the performance data eligible 
                        recipients and the Federal, State, 
                        nonprofit, and private partners, as 
                        described in paragraph (1)(B)(ii), of 
                        the eligible recipient will make 
                        available; and
                          (iii) a proposed incentive formula 
                        that makes payments to the eligible 
                        recipient based on the proposed data 
                        and metrics.
                  (E) Distribution.--The Secretary shall 
                distribute funds made available to carry out 
                this paragraph based upon the number of grant 
                applications approved by the Secretary, number 
                of individuals served by each grant, and the 
                incentive formulas approved by the Secretary 
                using the following metrics:
                          (i) The reduced transportation 
                        expenditures as a result of improved 
                        coordination.
                          (ii) The reduced Federal and State 
                        healthcare expenditures using the 
                        metrics described in subparagraph (F).
                          (iii) The reduced private healthcare 
                        expenditures using the metrics 
                        described in subparagraph (F).
                  (F) Healthcare metrics.--Healthcare metrics 
                described in this subparagraph shall be--
                          (i) reducing missed medical 
                        appointments;
                          (ii) the timely discharge of patients 
                        from hospitals;
                          (iii) preventing hospital admissions 
                        and reducing readmissions of patients 
                        into hospitals; and
                          (iv) other measureable healthcare 
                        metrics, as determined appropriate by 
                        the Secretary, in consultation with the 
                        Secretary of Health and Human Services.
                  (G) Eligible expenditures.--The Secretary 
                shall allow the funds distributed by this grant 
                program to be expended on eligible activities 
                described in paragraph (1)(D) and any eligible 
                activity under this section that is likely to 
                improve the metrics described in subparagraph 
                (F).
                  (H) Recipient cap.--The Secretary--
                          (i) may not provide more than 20 
                        grants under this paragraph; and
                          (ii) shall reduce the maximum number 
                        of grants under this paragraph to 
                        ensure projects are fully funded, if 
                        necessary.
                  (I) Consultation.--In evaluating the health 
                care metrics described in subparagraph (F), the 
                Secretary shall consult with the Secretary of 
                Health and Human Services.
                  (J) Annual grantee report.--Each grantee 
                shall submit a report, in coordination with the 
                project partners of such grantee, that includes 
                an evaluation of the outcomes of the grant 
                awarded to such grantee, including the 
                performance measures.
          (3) Report.--The Secretary shall make publicly 
        available an annual report on the program carried out 
        under this subsection for each fiscal year, not later 
        than December 31 of the calendar year in which that 
        fiscal year ends. The report shall include a detailed 
        description of the activities carried out under the 
        program, and an evaluation of the program, including an 
        evaluation of the performance measures used by eligible 
        recipients in consultation with the Secretary of Health 
        and Human Services.
          (4) Federal share.--
                  (A) In general.--The Federal share of the 
                costs of a project carried out under this 
                subsection shall not exceed 80 percent.
                  (B) Non-federal share.--The non-Federal share 
                of the costs of a project carried out under 
                this subsection may be derived from in-kind 
                contributions.
          (5) Rule of construction.--For purposes of this 
        subsection, nonemergency medical transportation 
        services shall be limited to services eligible under 
        Federal programs other than programs authorized under 
        this chapter.

Sec. 5311. Formula grants for rural areas

  (a) Definitions.--As used in this section, the following 
definitions shall apply:
          (1) Recipient.--The term ``recipient'' means a State 
        or Indian tribe that receives a Federal transit program 
        grant directly from the Government.
          (2) Subrecipient.--The term ``subrecipient'' means a 
        State or local governmental authority, a nonprofit 
        organization, or an operator of public transportation 
        or intercity bus service that receives Federal transit 
        program grant funds indirectly through a recipient.
          (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.
  (b) General Authority.--
          (1) Grants authorized.--Except as provided by 
        paragraph (2), the Secretary may award grants under 
        this section to recipients located in rural areas for--
                  (A) planning, provided that a grant under 
                this section for planning activities shall be 
                in addition to funding awarded to a State under 
                section 5305 for planning activities that are 
                directed specifically at the needs of rural 
                areas in the State;
                  (B) public transportation capital projects;
                  (C) operating costs of equipment and 
                facilities for use in public transportation;
                  (D) job access and reverse commute projects; 
                and
                  (E) the acquisition of public transportation 
                services, including service agreements with 
                private providers of public transportation 
                service.
          (2) State program.--
                  (A) In general.--A project eligible for a 
                grant under this section shall be included in a 
                State program for public transportation service 
                projects, including agreements with private 
                providers of public transportation service.
                  (B) Submission to secretary.--Each State 
                shall submit to the Secretary annually the 
                program described in subparagraph (A).
                  (C) Approval.--The Secretary may not approve 
                the program unless the Secretary determines 
                that--
                          (i) the program provides a fair 
                        distribution of amounts in the State, 
                        including Indian reservations and 
                        persistent poverty counties; and
                          (ii) the program provides the maximum 
                        feasible coordination of public 
                        transportation service assisted under 
                        this section with transportation 
                        service assisted by other Federal 
                        sources.
                  (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.
          (3) Rural transportation assistance program.--
                  (A) In general.--The Secretary shall carry 
                out a rural transportation assistance program 
                in rural areas.
                  (B) Grants and contracts.--In carrying out 
                this paragraph, the Secretary may use not more 
                than 2 percent of the amount made available 
                under section [5338(a)(2)(F)] 5338(a)(2)(E) to 
                make grants and contracts for transportation 
                research, technical assistance, training, and 
                related support services in rural areas.
                  (C) Projects of a national scope.--Not more 
                than 15 percent of the amounts available under 
                subparagraph (B) may be used by the Secretary 
                to carry out competitively selected projects of 
                a national scope, with the remaining balance 
                provided to the States.
          (4) Data collection.--Each recipient under this 
        section shall submit an annual report to the Secretary 
        containing information on capital investment, 
        operations, and service provided with funds received 
        under this section, including--
                  (A) total annual revenue;
                  (B) sources of revenue;
                  (C) total annual operating costs;
                  (D) total annual capital costs;
                  (E) fleet size and type, and related 
                facilities;
                  (F) vehicle revenue miles; and
                  (G) ridership.
  (c) Apportionments.--
          (1) Public transportation on indian reservations.--Of 
        the amounts made available or appropriated for each 
        fiscal year pursuant to section [5338(a)(2)(F)] 
        5338(a)(2)(E) to carry out this paragraph, the 
        following amounts shall be apportioned each fiscal year 
        for grants to Indian tribes for any purpose eligible 
        under this section, under such terms and conditions as 
        may be established by the Secretary:
                  (A) [$5,000,000] $10,000,000 for each fiscal 
                year shall be distributed on a competitive 
                basis by the Secretary.
                  (B) [$30,000,000] the amount remaining under 
                section 5338(a)(2)(E)(i) after the amount under 
                subparagraph (A) is distributed for each fiscal 
                year shall be apportioned as formula grants, as 
                provided in subsection (j).
          [(2) Appalachian development public transportation 
        assistance program.--
                  [(A) Definitions.--In this paragraph--
                          [(i) the term ``Appalachian region'' 
                        has the same meaning as in section 
                        14102 of title 40; and
                          [(ii) the term ``eligible recipient'' 
                        means a State that participates in a 
                        program established under subtitle IV 
                        of title 40.
                  [(B) In general.--The Secretary shall carry 
                out a public transportation assistance program 
                in the Appalachian region.
                  [(C) Apportionment.--Of amounts made 
                available or appropriated for each fiscal year 
                under section 5338(a)(2)(F) to carry out this 
                paragraph, the Secretary shall apportion funds 
                to eligible recipients for any purpose eligible 
                under this section, based on the guidelines 
                established under section 9.5(b) of the 
                Appalachian Regional Commission Code.
                  [(D) Special rule.--An eligible recipient may 
                use amounts that cannot be used for operating 
                expenses under this paragraph for a highway 
                project if--
                          [(i) that use is approved, in 
                        writing, by the eligible recipient 
                        after appropriate notice and an 
                        opportunity for comment and appeal are 
                        provided to affected public 
                        transportation providers; and
                          [(ii) the eligible recipient, in 
                        approving the use of amounts under this 
                        subparagraph, determines that the local 
                        transit needs are being addressed.]
          (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.
          (3) Remaining amounts.--
                  (A) In general.--The amounts made available 
                or appropriated for each fiscal year pursuant 
                to section [5338(a)(2)(F)] 5338(a)(2)(E) that 
                are not apportioned under paragraph (1) or (2) 
                shall be apportioned in accordance with this 
                paragraph.
                  [(B) Apportionment based on land area and 
                population in nonurbanized areas.--
                          [(i) In general.--83.15 percent of 
                        the amount described in subparagraph 
                        (A) shall be apportioned to the States 
                        in accordance with this subparagraph.
                          [(ii) Land area.--
                                  [(I) In general.--Subject to 
                                subclause (II), each State 
                                shall receive an amount that is 
                                equal to 20 percent of the 
                                amount apportioned under clause 
                                (i), 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 
                                subclause (I).
                          [(iii) Population.--Each State shall 
                        receive an amount equal to 80 percent 
                        of the amount apportioned under clause 
                        (i), 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.
                  [(C) Apportionment based on land area, 
                vehicle revenue miles, and low-income 
                individuals in nonurbanized areas.--
                          [(i) In general.--16.85 percent of 
                        the amount described in subparagraph 
                        (A) shall be apportioned to the States 
                        in accordance with this subparagraph.
                          [(ii) Land area.--Subject to clause 
                        (v), each State shall receive an amount 
                        that is equal to 29.68 percent of the 
                        amount apportioned under clause (i), 
                        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.
                          [(iii) Vehicle revenue miles.--
                        Subject to clause (v), each State shall 
                        receive an amount that is equal to 
                        29.68 percent of the amount apportioned 
                        under clause (i), 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.
                          [(iv) Low-income individuals.--Each 
                        State shall receive an amount that is 
                        equal to 40.64 percent of the amount 
                        apportioned under clause (i), 
                        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.
                          [(v) Maximum apportionment.--No State 
                        shall receive--
                                  [(I) more than 5 percent of 
                                the amount apportioned under 
                                clause (ii); or
                                  [(II) more than 5 percent of 
                                the amount apportioned under 
                                clause (iii).]
                  (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.
  (d) Use for Local Transportation Service.--A State may use an 
amount apportioned under this section for a project included in 
a program under subsection (b) of this section and eligible for 
assistance under this chapter if the project will provide local 
transportation service, as defined by the Secretary of 
Transportation, in a rural area.
  (e) Use for Administration, Planning, and Technical 
Assistance.--The Secretary may allow a State to use not more 
than 10 percent of the amount apportioned under this section to 
administer this section and provide technical assistance to a 
subrecipient, including project planning, program and 
management development, coordination of public transportation 
programs, and research the State considers appropriate to 
promote effective delivery of public transportation to a rural 
area.
  (f) Intercity Bus Transportation.--
          (1) In general.--A State shall expend at least 15 
        percent of the amount made available in each fiscal 
        year to carry out a program to develop and support 
        intercity bus transportation. A State may expend funds 
        to continue service into another State to extend a 
        route. Eligible activities under the program include--
                  (A) planning and marketing for intercity bus 
                transportation;
                  (B) capital grants for intercity bus 
                facilities;
                  (C) joint-use facilities;
                  (D) operating grants through purchase-of-
                service agreements, user-side subsidies, and 
                demonstration projects; and
                  (E) coordinating rural connections between 
                small public transportation operations and 
                intercity bus carriers.
          (2) Certification.--A State does not have to comply 
        with paragraph (1) of this subsection in a fiscal year 
        in which the Governor of the State certifies to the 
        Secretary, after consultation with affected intercity 
        bus service providers, that the intercity bus service 
        needs of the State are being met adequately and makes 
        the certification and supporting documents publicly 
        available.
          (3) Meaningful connections.--All projects funded 
        under this subsection shall directly serve, or make 
        meaningful scheduled connections to, the national 
        intercity bus network.
  (g) Government Share of Costs.--
          (1) Capital projects.--
                  (A) In general.--Except as provided by 
                subparagraph (B), a grant awarded under this 
                section for a capital project or project 
                administrative expenses shall be for 80 percent 
                of the net costs of the project, as determined 
                by the Secretary.
                  (B) Exception.--A State described in section 
                120(b) of title 23 shall receive a Government 
                share of the net costs in accordance with the 
                formula under that section.
          (2) Operating assistance.--
                  (A) In general.--Except as provided by 
                subparagraph (B), a grant made under this 
                section for operating assistance may not exceed 
                50 percent of the net operating costs of the 
                project, as determined by the Secretary.
                  (B) Exception.--A State described in section 
                120(b) of title 23 shall receive a Government 
                share of the net operating costs equal to 62.5 
                percent of the Government share provided for 
                under paragraph (1)(B).
          (3) Remainder.--The remainder of net project costs--
                  (A) may be provided in cash from non-
                Government sources;
                  (B) may be provided from revenues from the 
                sale of advertising and concessions;
                  (C) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital;
                  (D) may be derived from amounts appropriated 
                or otherwise made available to a department or 
                agency of the Government (other than the 
                Department of Transportation) that are eligible 
                to be expended for transportation;
                  (E) notwithstanding subparagraph (B), may be 
                derived from amounts made available to carry 
                out the Federal lands highway program 
                established by section 204 of title 23; and
                  (F) in the case of an intercity bus project 
                that includes both feeder service and an 
                unsubsidized segment of intercity bus service 
                to which the feeder service connects, may be 
                derived from the costs of a private operator 
                for the unsubsidized segment of intercity bus 
                service, including all operating and capital 
                costs of such service whether or not offset by 
                revenue from such service, as an in-kind match 
                for the operating costs of connecting rural 
                intercity bus feeder service funded under 
                subsection (f), if the private operator agrees 
                in writing to the use of the costs of the 
                private operator for the unsubsidized segment 
                of intercity bus service as an in-kind match.
          (4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
          (5) Limitation on operating assistance.--A State 
        carrying out a program of operating assistance under 
        this section may not limit the level or extent of use 
        of the Government grant for the payment of operating 
        expenses.
          (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.
  (h) Transfer of Facilities and Equipment.--With the consent 
of the recipient currently having a facility or equipment 
acquired with assistance under this section, a State may 
transfer the facility or equipment to any recipient eligible to 
receive assistance under this chapter if the facility or 
equipment will continue to be used as required under this 
section.
  (i) Relationship to Other Laws.--
          (1) In general.--Section 5333(b) applies to this 
        section if the Secretary of Labor utilizes a special 
        warranty that provides a fair and equitable arrangement 
        to protect the interests of employees.
          (2) Rule of construction.--This subsection does not 
        affect or discharge a responsibility of the Secretary 
        of Transportation under a law of the United States.
  (j) Formula Grants for Public Transportation on Indian 
Reservations.--
          (1) Apportionment.--
                  (A) In general.--Of the amounts described in 
                subsection (c)(1)(B)--
                          (i) 50 percent of the total amount 
                        shall be apportioned so that each 
                        Indian tribe providing public 
                        transportation service shall receive an 
                        amount equal to the total amount 
                        apportioned under this clause 
                        multiplied by the ratio of the number 
                        of vehicle revenue miles provided by an 
                        Indian tribe divided by the total 
                        number of vehicle revenue miles 
                        provided by all Indian tribes, as 
                        reported to the Secretary;
                          (ii) 25 percent of the total amount 
                        shall be apportioned equally among each 
                        Indian tribe providing at least 200,000 
                        vehicle revenue miles of public 
                        transportation service annually, as 
                        reported to the Secretary; and
                          (iii) 25 percent of the total amount 
                        shall be apportioned among each Indian 
                        tribe providing public transportation 
                        on tribal lands (American Indian Areas, 
                        Alaska Native Areas, and Hawaiian Home 
                        Lands, as defined by the Bureau of the 
                        Census) on which more than 1,000 low-
                        income individuals reside (as 
                        determined by the Bureau of the Census) 
                        so that each Indian tribe shall receive 
                        an amount equal to the total amount 
                        apportioned under this clause 
                        multiplied by the ratio of the number 
                        of low-income individuals residing on 
                        an Indian tribe's lands divided by the 
                        total number of low-income individuals 
                        on tribal lands on which more than 
                        1,000 low-income individuals reside.
                  (B) Limitation.--No recipient shall receive 
                more than $300,000 of the amounts apportioned 
                under subparagraph (A)(iii) in a fiscal year.
                  (C) Remaining amounts.--Of the amounts made 
                available under subparagraph (A)(iii), any 
                amounts not apportioned under that subparagraph 
                shall be allocated among Indian tribes 
                receiving less than $300,000 in a fiscal year 
                according to the formula specified in that 
                clause.
                  (D) Low-income individuals.--For purposes of 
                subparagraph (A)(iii), the term ``low-income 
                individual'' means an individual whose family 
                income is at or below 100 percent of the 
                poverty line, as that term is defined in 
                section 673(2) of the Community Services Block 
                Grant Act (42 U.S.C. 9902(2)), including any 
                revision required by that section, for a family 
                of the size involved.
                  (E) Allocation between multiple indian 
                tribes.--If more than 1 Indian tribe provides 
                public transportation service on tribal lands 
                in a single Tribal Statistical Area, and the 
                Indian tribes do not determine how to allocate 
                the funds apportioned under clause (iii) of 
                subparagraph (A) between the Indian tribes, the 
                Secretary shall allocate the funds so that each 
                Indian tribe shall receive an amount equal to 
                the total amount apportioned under such clause 
                (iii) multiplied by the ratio of the number of 
                annual unlinked passenger trips provided by 
                each Indian tribe, as reported to the National 
                Transit Database, to the total unlinked 
                passenger trips provided by all Indian tribes 
                in the Tribal Statistical Area.
          (2) Non-tribal service providers.--A recipient that 
        is an Indian tribe may use funds apportioned under this 
        subsection to finance public transportation services 
        provided by a non-tribal provider of public 
        transportation that connects residents of tribal lands 
        with surrounding communities, improves access to 
        employment or healthcare, or otherwise addresses the 
        mobility needs of tribal members.

Sec.  5312. Public transportation innovation

  (a) In General.--The Secretary shall provide assistance for 
projects and activities to advance innovative public 
transportation research and development in accordance with the 
requirements of this section.
  (b) Research, Development, Demonstration, and Deployment 
Projects.--
          (1) In general.--The Secretary may make grants and 
        enter into contracts, cooperative agreements, and other 
        agreements for research, development, demonstration, 
        and deployment projects, and evaluation of research and 
        technology of national significance to public 
        transportation, that the Secretary determines will 
        improve public transportation.
          (2) Agreements.--In order to carry out paragraph (1), 
        the Secretary may make grants to and enter into 
        contracts, cooperative agreements, and other agreements 
        with--
                  (A) departments, agencies, and 
                instrumentalities of the Government, including 
                Federal laboratories;
                  (B) State and local governmental entities;
                  (C) providers of public transportation;
                  (D) private or non-profit organizations;
                  (E) institutions of higher education; and
                  (F) technical and community colleges.
          (3) Application.--
                  (A) In general.--To receive a grant, 
                contract, cooperative agreement, or other 
                agreement under this section, an entity 
                described in paragraph (2) shall submit an 
                application to the Secretary.
                  (B) Form and contents.--An application under 
                subparagraph (A) shall be in such form and 
                contain such information as the Secretary may 
                require, including--
                          (i) a statement of purpose detailing 
                        the need being addressed;
                          (ii) the short- and long-term goals 
                        of the project, including opportunities 
                        for future innovation and development, 
                        the potential for deployment, and 
                        benefits to riders and public 
                        transportation; and
                          (iii) the short- and long-term 
                        funding requirements to complete the 
                        project and any future objectives of 
                        the project.
  (c) Research.--
          (1) In general.--The Secretary may make a grant to or 
        enter into a contract, cooperative agreement, or other 
        agreement under this section with an entity described 
        in subsection (b)(2) to carry out a public 
        transportation research project that has as its 
        ultimate goal the development and deployment of new and 
        innovative ideas, practices, and approaches.
          (2) Project eligibility.--A public transportation 
        research project that receives assistance under 
        paragraph (1) shall focus on--
                  (A) providing more effective and efficient 
                public transportation service, including 
                services to--
                          (i) seniors;
                          (ii) individuals with disabilities; 
                        and
                          (iii) low-income individuals;
                  (B) mobility management and improvements and 
                travel management systems;
                  (C) data and communication system 
                advancements;
                  (D) system capacity, including--
                          (i) train control;
                          (ii) capacity improvements; and
                          (iii) performance management;
                  (E) capital and operating efficiencies;
                  (F) planning and forecasting modeling and 
                simulation;
                  (G) advanced vehicle design;
                  (H) advancements in vehicle technology;
                  (I) asset maintenance and repair systems 
                advancement;
                  (J) construction and project management;
                  (K) alternative fuels;
                  (L) the environment and energy efficiency;
                  (M) safety improvements; or
                  (N) any other area that the Secretary 
                determines is important to advance the 
                interests of public transportation.
  (d) Innovation and Development.--
          (1) In general.--The Secretary may make a grant to or 
        enter into a contract, cooperative agreement, or other 
        agreement under this section with an entity described 
        in subsection (b)(2) to carry out a public 
        transportation innovation and development project that 
        seeks to improve public transportation systems 
        nationwide in order to provide more efficient and 
        effective delivery of public transportation services, 
        including through technology and technological capacity 
        improvements.
          (2) Project eligibility.--A public transportation 
        innovation and development project that receives 
        assistance under paragraph (1) shall focus on--
                  (A) the development of public transportation 
                research projects that received assistance 
                under subsection (c) that the Secretary 
                determines were successful;
                  (B) planning and forecasting modeling and 
                simulation;
                  (C) capital and operating efficiencies;
                  (D) advanced vehicle design;
                  (E) advancements in vehicle technology;
                  (F) the environment and energy efficiency;
                  (G) system capacity, including train control 
                and capacity improvements; or
                  (H) any other area that the Secretary 
                determines is important to advance the 
                interests of public transportation.
          (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.
          (4) Transit bus operator compartment redesign 
        program.--
                  (A) In general.--The Secretary may make 
                funding available under this subsection to 
                carry out research on redesigning transit bus 
                operator compartments to improve safety, 
                operational efficiency, and passenger 
                accessibility.
                  (B) Objectives.--Research objectives under 
                this paragraph shall include--
                          (i) increasing bus operator safety 
                        from assaults;
                          (ii) optimizing operator visibility 
                        and reducing operator distractions to 
                        improve safety of bus passengers, 
                        pedestrians, bicyclists, and other 
                        roadway users;
                          (iii) expanding passenger 
                        accessibility for positive interactions 
                        between operators and passengers, 
                        including assisting passengers in need 
                        of special assistance;
                          (iv) accommodating passenger 
                        boarding, alighting, and securement 
                        consistent with the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 
                        12101 et seq.); and
                          (v) improving ergonomics to reduce 
                        bus operator work-related health issues 
                        and injuries, as well as locate key 
                        instrument and control interfaces to 
                        improve operational efficiency and 
                        convenience.
                  (C) Activities.--Eligible activities under 
                this paragraph shall include--
                          (i) measures to reduce visibility 
                        impairments and distractions for bus 
                        operators that contribute to accidents, 
                        including retrofits to buses in revenue 
                        service and specifications for future 
                        procurements that reduce visibility 
                        impairments and distractions;
                          (ii) the deployment of assault 
                        mitigation infrastructure and 
                        technology on buses, including barriers 
                        to restrict the unwanted entry of 
                        individuals and objects into bus 
                        operators' workstations;
                          (iii) technologies to improve 
                        passenger accessibility, including 
                        boarding, alighting, and securement 
                        consistent with the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 
                        12101 et seq.);
                          (iv) installation of seating and 
                        modification to design specifications 
                        of bus operator workstations that 
                        reduce or prevent injuries from 
                        ergonomic risks; or
                          (v) other measures that align with 
                        the objectives under subparagraph (B).
                  (D) Eligible entities.--Entities eligible to 
                receive funding under this paragraph shall 
                include consortia consisting of, at a minimum:
                          (i) recipients of funds under this 
                        chapter that provide public 
                        transportation services;
                          (ii) transit vehicle manufacturers;
                          (iii) representatives from 
                        organizations engaged in collective 
                        bargaining on behalf of transit workers 
                        in not fewer than three States; and
                          (iv) any nonprofit institution of 
                        higher education, as defined in section 
                        101 of the Higher Education Act of 1965 
                        (20 U.S.C. 1001).
  (e) Demonstration, Deployment, and Evaluation.--
          (1) In general.--The Secretary may, under terms and 
        conditions that the Secretary prescribes, make a grant 
        to or enter into a contract, cooperative agreement, or 
        other agreement with an entity described in paragraph 
        (2) to promote the early deployment and demonstration 
        of innovation in public transportation that has broad 
        applicability.
          (2) Participants.--An entity described in this 
        paragraph is--
                  (A) an entity described in subsection (b)(2); 
                or
                  (B) a consortium of entities described in 
                subsection (b)(2), including a provider of 
                public transportation, that will share the 
                costs, risks, and rewards of early deployment 
                and demonstration of innovation.
          (3) Project eligibility.--A demonstration, 
        deployment, or evaluation project that receives 
        assistance under paragraph (1) shall seek to build on 
        successful research, innovation, and development 
        efforts to facilitate--
                  (A) the deployment of research and technology 
                development resulting from private efforts or 
                Federally funded efforts;
                  (B) the implementation of research and 
                technology development to advance the interests 
                of public transportation; or
                  (C) the deployment of [low or no emission 
                vehicles, zero emission vehicles,] zero 
                emission vehicles or associated advanced 
                technology.
          (4) Evaluation.--Not later than 2 years after the 
        date on which a project receives assistance under 
        paragraph (1), the Secretary shall conduct a 
        comprehensive evaluation of the success or failure of 
        the projects funded under this subsection and any plan 
        for broad-based implementation of the innovation 
        promoted by successful projects.
          (5) Prohibition.--The Secretary may not make grants 
        under this subsection for the demonstration, 
        deployment, or evaluation of a vehicle that is in 
        revenue service unless the Secretary determines that 
        the project makes significant technological 
        advancements in the vehicle.
          [(6) Definitions.--In this subsection--
                  [(A) the term ``direct carbon emissions'' 
                means the quantity of direct greenhouse gas 
                emissions from a vehicle, as determined by the 
                Administrator of the Environmental Protection 
                Agency;
                  [(B) the term ``low or no emission vehicle'' 
                means--
                          [(i) a passenger vehicle used to 
                        provide public transportation that the 
                        Secretary determines sufficiently 
                        reduces energy consumption or harmful 
                        emissions, including direct carbon 
                        emissions, when compared to a 
                        comparable standard vehicle; or
                          [(ii) a zero emission vehicle used to 
                        provide public transportation; and
                  [(C) the term ``zero emission vehicle'' means 
                a low or no emission vehicle that produces no 
                carbon or particulate matter.]
          (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.
  [(g)] (f)  Annual Report on Research.--Not later than the 
first Monday in February of each year, the Secretary shall make 
available to the public on the Web site of the Department of 
Transportation, a report that includes--
          (1) a description of each project that received 
        assistance under this section during the preceding 
        fiscal year; and
          (2) an evaluation of each project described in 
        paragraph (1), including any evaluation conducted under 
        subsection (e)(4) for the preceding fiscal year.
  (g)  Government Share of Costs.--
          (1) In general.--The Government share of the cost of 
        a project carried out under this section shall not 
        exceed 80 percent.
          (2) Non-government share.--The non-Government share 
        of the cost of a project carried out under this section 
        may be derived from in-kind contributions.
          (3) Financial benefit.--If the Secretary determines 
        that there would be a clear and direct financial 
        benefit to an entity under a grant, contract, 
        cooperative agreement, or other agreement under this 
        section, the Secretary shall establish a Government 
        share of the costs of the project to be carried out 
        under the grant, contract, cooperative agreement, or 
        other agreement that is consistent with the benefit.
  (h)  [Low or No Emission] Zero Emission Vehicle Component 
Assessment.--
          (1) Definitions.--In this subsection--
                  (A) the term ``covered institution of higher 
                education'' means an institution of higher 
                education with which the Secretary enters into 
                a contract or cooperative agreement, or to 
                which the Secretary makes a grant, under 
                paragraph (2)(B) to operate a facility selected 
                under paragraph (2)(A);
                  [(B) the terms ``direct carbon emissions'' 
                and ``low or no emission vehicle'' have the 
                meanings given those terms in subsection 
                (e)(6);]
                  (B) the term ``zero emission vehicle'' has 
                the meaning given such term in subsection 
                (e)(6);
                  (C) the term ``institution of higher 
                education'' has the meaning given the term in 
                section 102 of the Higher Education Act of 1965 
                (20 U.S.C. 1002); and
                  (D) the term ``[low or no emission vehicle] 
                zero emission vehicle component'' means an item 
                that is separately installed in and removable 
                from a [low or no emission vehicle] zero 
                emission vehicle.
          (2) Assessing [low or no emission] zero emission 
        vehicle components.--
                  (A) In general.--The Secretary shall 
                competitively select at least one facility to 
                conduct testing, evaluation, and analysis of 
                [low or no emission] zero emission vehicle 
                components intended for use in [low or no 
                emission] zero emission vehicles.
                  (B) Operation and maintenance.--
                          (i) In general.--The Secretary shall 
                        enter into a contract or cooperative 
                        agreement with, or make a grant to, at 
                        least one institution of higher 
                        education to operate and maintain a 
                        facility selected under subparagraph 
                        (A).
                          (ii) Requirements.--An institution of 
                        higher education described in clause 
                        (i) shall have--
                                  (I) capacity to carry out 
                                transportation-related advanced 
                                component and vehicle 
                                evaluation;
                                  (II) laboratories capable of 
                                testing and evaluation; and
                                  (III) direct access to or a 
                                partnership with a testing 
                                facility capable of emulating 
                                real-world circumstances in 
                                order to test [low or no 
                                emission] zero emission vehicle 
                                components installed on the 
                                intended vehicle.
                  (C) Fees.--A covered institution of higher 
                education shall establish and collect fees, 
                which shall be approved by the Secretary, for 
                the assessment of [low or no emission] zero 
                emission vehicle components at the applicable 
                facility selected under subparagraph (A).
                  (D) Availability of amounts to pay for 
                assessment.--The Secretary shall enter into a 
                contract or cooperative agreement with, or make 
                a grant to an institution of higher education 
                under which--
                          (i) the Secretary shall pay 50 
                        percent of the cost of assessing a [low 
                        or no emission] zero emission vehicle 
                        component at the applicable facility 
                        selected under subparagraph (A) from 
                        amounts made available to carry out 
                        this section; and
                          (ii) the remaining 50 percent of such 
                        cost shall be paid from amounts 
                        recovered through the fees established 
                        and collected pursuant to subparagraph 
                        (C).
                  (E) Voluntary testing.--A manufacturer of a 
                [low or no emission] zero emission vehicle 
                component is not required to assess the [low or 
                no emission] zero emission vehicle component at 
                a facility selected under subparagraph (A).
                  (F) Compliance with section 5318.--
                Notwithstanding whether a [low or no emission] 
                zero emission vehicle component is assessed at 
                a facility selected under subparagraph (A), 
                each new bus model shall comply with the 
                requirements under section 5318.
                  [(G) Separate facility.--A facility selected 
                under subparagraph (A) shall be separate and 
                distinct from the facility operated and 
                maintained under section 5318.]
          (3) [Low or no emission] Zero emission vehicle 
        component performance reports.--Not later than 2 years 
        after the date of enactment of the Federal Public 
        Transportation Act of 2015, and annually thereafter, 
        the Secretary shall issue a report on [low or no 
        emission] zero emission vehicle component assessments 
        conducted at each facility selected under paragraph 
        (2)(A), which shall include information related to the 
        maintainability, reliability, performance, structural 
        integrity, efficiency, and noise of those [low or no 
        emission] zero emission vehicle components.
          (4) Public availability of assessments.--Each 
        assessment conducted at a facility selected under 
        paragraph (2)(A) shall be made publicly available, 
        including to affected industries.
          (5) Rule of construction.--Nothing in this subsection 
        shall be construed to require--
                  (A) a [low or no emission] zero emission 
                vehicle component to be tested at a facility 
                selected under paragraph (2)(A); or
                  (B) the development or disclosure of a 
                privately funded component assessment.
  (i) Transit Cooperative Research Program.--
          (1) In general.--The amounts made available under 
        section [5338(a)(2)(G)(ii)] 5338(a)(2)(F)(iii) are 
        available for a public transportation cooperative 
        research program.
          (2) Independent governing board.--
                  (A) Establishment.--The Secretary shall 
                establish an independent governing board for 
                the program under this subsection.
                  (B) Recommendations.--The board shall 
                recommend public transportation research, 
                development, and technology transfer activities 
                the Secretary considers appropriate.
          (3) Federal assistance.--The Secretary may make 
        grants to, and enter into cooperative agreements with, 
        the National Academy of Sciences to carry out 
        activities under this subsection that the Secretary 
        considers appropriate.
          (4) Government share of costs.--If there would be a 
        clear and direct financial benefit to an entity under a 
        grant or contract financed under this subsection, the 
        Secretary shall establish a Government share consistent 
        with that benefit.
          (5) Limitation on applicability.--Subsections (f) and 
        (g) shall not apply to activities carried out under 
        this subsection.
  (j) Demonstration Grants To Support Reduced Fare Transit.--
          (1) In general.--Not later than 300 days after the 
        date of enactment of the INVEST in America Act, the 
        Secretary shall award grants (which shall be known as 
        ``Access to Jobs Grants'') to eligible entities, on a 
        competitive basis, to implement reduced fare transit 
        service.
          (2) Notice.--Not later than 180 days after the date 
        of enactment of the INVEST in America Act, the 
        Secretary shall provide notice to eligible entities of 
        the availability of grants under paragraph (1).
          (3) Application.--To be eligible to receive a grant 
        under this subsection, an eligible recipient shall 
        submit to the Secretary an application containing such 
        information as the Secretary may require, including, at 
        a minimum, the following:
                  (A) A description of how the eligible entity 
                plans to implement reduced fare transit access 
                with respect to low-income individuals, 
                including any eligibility requirements for such 
                transit access.
                  (B) A description of how the eligible entity 
                will consult with local community stakeholders, 
                labor unions, local education agencies and 
                institutions of higher education, public 
                housing agencies, and workforce development 
                boards in the implementation of reduced fares.
                  (C) A description of the eligible entity's 
                current fare evasion enforcement policies, 
                including how the eligible entity plans to use 
                the reduced fare program to reduce fare 
                evasion.
                  (D) An estimate of additional costs to such 
                eligible entity as a result of reduced transit 
                fares.
                  (E) A plan for a public awareness campaign of 
                the transit agency's ability to provide reduced 
                fares, including in foreign languages, based 
                on--
                          (i) data from the Bureau of the 
                        Census, consistent with the local area 
                        demographics where the transit agency 
                        operates, including the languages that 
                        are most prevalent and commonly 
                        requested for translation services; or
                          (ii) qualitative and quantitative 
                        observation from community service 
                        providers including those that provide 
                        health and mental health services, 
                        social services, transportation, and 
                        other relevant social services.
                  (F) Projected impacts on ridership.
                  (G) Projected benefits in closing transit 
                equity gaps.
                  (H) Projected impact on the ability of 
                students to access education or workforce 
                training programs.
          (4) Grant duration.--Grants awarded under this 
        subsection shall be for a 2-year period.
          (5) Selection of eligible recipients.--In carrying 
        out the program under this subsection, the Secretary 
        shall award not more than 20 percent of grants to 
        eligible entities located in rural areas.
          (6) Uses of funds.--An eligible entity receiving a 
        grant under this subsection shall use such grant to 
        implement a reduced fare transit program and offset 
        lost fare revenue.
          (7) Rule of construction.--Nothing in this section 
        shall be construed to limit the eligibility of an 
        applicant if a State, local, or Tribal governmental 
        entity provides reduced fare transportation to low-
        income individuals.
          (8) Definitions.--In this subsection:
                  (A) Eligible entity.--The term ``eligible 
                entity'' means a State, local, or Tribal 
                governmental entity that operates a public 
                transportation service and is a recipient or 
                subrecipient of funds under this chapter.
                  (B) Low-income individual.--The term ``low-
                income individual'' means an individual--
                          (i) that has qualified for--
                                  (I) any program of medical 
                                assistance under a State plan 
                                or under a waiver of the plan 
                                under title XIX of the Social 
                                Security Act (42 U.S.C. 1396 et 
                                seq.);
                                  (II) supplemental nutrition 
                                assistance program (SNAP) under 
                                the Food and Nutrition Act of 
                                2008 (7 U.S.C. 2011 et seq.);
                                  (III) the program of block 
                                grants for States for temporary 
                                assistance for needy families 
                                (TANF) established under part A 
                                of title IV of the Social 
                                Security Act (42 U.S.C. 601 et 
                                seq.);
                                  (IV) the free and reduced 
                                price school lunch program 
                                established under the Richard 
                                B. Russell National School 
                                Lunch Act (42 U.S.C. 1751 et 
                                seq.);
                                  (V) a housing voucher through 
                                section 8(o) of the United 
                                States Housing Act of 1937 (42 
                                U.S.C. 1437f(o));
                                  (VI) benefits under the Low-
                                Income Home Energy Assistance 
                                Act of 1981;
                                  (VII) special supplemental 
                                food program for women, infants 
                                and children (WIC) under 
                                section 17 of the Child 
                                Nutrition Act of 1966 (42 
                                U.S.C. 1786); or
                                  (VIII) a Federal Pell Grant 
                                under section 401 of the Higher 
                                Education Act of 1965 (20 
                                U.S.C. 1070a);
                          (ii) whose family income is at or 
                        below a set percent (as determined by 
                        the eligible recipient) of the poverty 
                        line (as that term is defined in 
                        section 673(2) of the Community Service 
                        Block Grant Act (42 U.S.C. 9902(2)), 
                        including any revision required by that 
                        section) for a family of the size 
                        involved; or
                          (iii) that is a low-income veteran or 
                        member of the military.
          (9) Report.--The Secretary shall designate a 
        university transportation center under section 5505 to 
        collaborate with the eligible entities receiving a 
        grant under this subsection to collect necessary data 
        to evaluate the effectiveness of meeting the targets 
        described in the application of such recipient, 
        including increased ridership, impacts on fare evasion, 
        and progress towards significantly closing transit 
        equity gaps.
  (k) Every Day Counts Initiative.--
          (1) In general.--It is in the national interest for 
        the Department of Transportation and recipients of 
        Federal public transportation funds--
                  (A) to identify, accelerate, and deploy 
                innovation aimed at expediting project 
                delivery, enhancing the safety of transit 
                systems of the United States, and protecting 
                the environment;
                  (B) to ensure that the planning, design, 
                engineering, construction, and financing of 
                transportation projects is done in an efficient 
                and effective manner;
                  (C) to promote the rapid deployment of proven 
                solutions that provide greater accountability 
                for public investments; and
                  (D) to create a culture of innovation within 
                the transit community.
          (2) FTA every day counts initiative.--To advance the 
        policies described in paragraph (1), the Administrator 
        of the Federal Transit Administration shall adopt the 
        Every Day Counts initiative to work with recipients to 
        identify and deploy the proven innovation practices and 
        products that--
                  (A) accelerate innovation deployment;
                  (B) expedite the project delivery process;
                  (C) improve environmental sustainability;
                  (D) enhance transit safety;
                  (E) expand mobility; and
                  (F) reduce greenhouse gas emissions.
          (3) Consideration.--In accordance with the Every Day 
        Counts goals described in paragraphs (1) and (2), the 
        Administrator shall consider research conducted through 
        the university transportation centers program in 
        section 5505.
          (4) Innovation deployment.--
                  (A) In general.--At least every 2 years, the 
                Administrator shall work collaboratively with 
                recipients to identify a new collection of 
                innovations, best practices, and data to be 
                deployed to recipients through case studies, 
                webinars, and demonstration projects.
                  (B) Requirements.--In identifying a 
                collection described in subparagraph (A), the 
                Secretary shall take into account market 
                readiness, impacts, benefits, and ease of 
                adoption of the innovation or practice.
          (5) Publication.--Each collection identified under 
        paragraph (4) shall be published by the Administrator 
        on a publicly available website.
          (6) Rule of construction.--Nothing in this subsection 
        may be construed to allow the Secretary to waive any 
        requirement under any other provision of Federal law.

           *       *       *       *       *       *       *


Sec. 5314. Technical assistance and workforce development

  (a) Technical Assistance and Standards.--
          (1) Technical assistance and standards development.--
                  (A) In general.--The Secretary may make 
                grants and enter into contracts, cooperative 
                agreements, and other agreements (including 
                agreements with departments, agencies, and 
                instrumentalities of the Government) to carry 
                out activities that the Secretary determines 
                will assist recipients of assistance under this 
                chapter to--
                          (i) more effectively and efficiently 
                        provide public transportation service;
                          (ii) administer funds received under 
                        this chapter in compliance with Federal 
                        law; and
                          (iii) improve public transportation.
                  (B) Eligible activities.--The activities 
                carried out under subparagraph (A) may 
                include--
                          (i) technical assistance[; and];
                          (ii) the development of voluntary and 
                        consensus-based standards and best 
                        practices by the public transportation 
                        industry, including standards and best 
                        practices for safety, fare collection, 
                        intelligent transportation systems, 
                        accessibility, procurement, security, 
                        asset management to maintain a state of 
                        good repair, operations, maintenance, 
                        vehicle propulsion, communications, 
                        [and vehicle electronics.] 
                        cybersecurity and mitigating the threat 
                        of ransomware, and vehicle electronics; 
                        and
                          (iii) technical assistance to assist 
                        recipients with the impacts of a new 
                        census count.
          (2) Technical assistance.--The Secretary, through a 
        competitive bid process, may enter into contracts, 
        cooperative agreements, and other agreements with 
        national nonprofit organizations that have the 
        appropriate demonstrated capacity to provide public-
        transportation-related technical assistance under this 
        subsection. The Secretary may enter into such 
        contracts, cooperative agreements, and other agreements 
        to assist providers of public transportation to--
                  (A) comply with the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.) through technical assistance, 
                demonstration programs, research, public 
                education, and other activities related to 
                complying with such Act;
                  (B) comply with human services transportation 
                coordination requirements and to enhance the 
                coordination of Federal resources for human 
                services transportation with those of the 
                Department of Transportation through technical 
                assistance, training, and support services 
                related to complying with such requirements;
                  (C) meet the transportation needs of elderly 
                individuals;
                  (D) increase transit ridership in 
                coordination with metropolitan planning 
                organizations and other entities through 
                development around public transportation 
                stations through technical assistance and the 
                development of tools, guidance, and analysis 
                related to market-based development around 
                transit stations;
                  (E) address transportation equity with regard 
                to the effect that transportation planning, 
                investment, and operations have for low-income 
                and minority individuals;
                  (F) facilitate best practices to promote bus 
                driver safety;
                  (G) meet the requirements of [sections 
                5323(j) and 5323(m)] section 5320;
                  (H) cybersecurity and mitigating the threat 
                of ransomware;
                  (I) provide innovation and capacity-building 
                to rural and tribal public transportation 
                recipients that do not duplicate the activities 
                of sections 5311(b) or 5312; and
                  [(H)] (J) assist with the development and 
                deployment of low or no emission vehicles (as 
                defined in section 5339(c)(1)) or low or no 
                emission vehicle components (as defined in 
                section 5312(h)(1)); and
                  [(I)] (K) any other technical assistance 
                activity that the Secretary determines is 
                necessary to advance the interests of public 
                transportation.
          (3) Annual report on technical assistance.--Not later 
        than the first Monday in February of each year, the 
        Secretary shall submit to the Committee on Banking, 
        Housing, and Urban Affairs and the Committee on 
        Appropriations of the Senate and the Committee on 
        Transportation and Infrastructure, the Committee on 
        Science, Space, and Technology, and the Committee on 
        Appropriations of the House of Representatives a report 
        that includes--
                  (A) a description of each project that 
                received assistance under this subsection 
                during the preceding fiscal year;
                  (B) an evaluation of the activities carried 
                out by each organization that received 
                assistance under this subsection during the 
                preceding fiscal year;
                  (C) a proposal for allocations of amounts for 
                assistance under this subsection for the 
                subsequent fiscal year; and
                  (D) measurable outcomes and impacts of the 
                programs funded under subsections (b) and (c).
          (4) Government share of costs.--
                  (A) In general.--The Government share of the 
                cost of an activity carried out using a grant 
                under this subsection may not exceed 80 
                percent.
                  (B) Non-government share.--The non-Government 
                share of the cost of an activity carried out 
                using a grant under this subsection may be 
                derived from in-kind contributions.
          (4) Availability of amounts.--Of the amounts made 
        available to carry out this section under section 
        5338(a)(2)(G)(i), $1,500,000 shall be available to 
        carry out activities described in paragraph (2)(I).
  (b) Human Resources and Training.--
          (1) In general.--The Secretary may undertake, or make 
        grants and contracts for, programs that address human 
        resource needs as they apply to public transportation 
        activities. A program may include--
                  (A) an employment training program;
                  (B) an outreach program to increase 
                employment for veterans, [females] women, 
                individuals with a disability, minorities 
                (including American Indians or Alaska Natives, 
                Asian, Black or African Americans, native 
                Hawaiians or other Pacific Islanders, and 
                Hispanics) in public transportation activities;
                  (C) research on public transportation 
                personnel and training needs;
                  (D) training and assistance for veteran and 
                minority business opportunities; and
                  (E) consensus-based national training 
                standards and certifications in partnership 
                with industry stakeholders.
          [(2) Innovative public transportation frontline 
        workforce development program.--
                  [(A) In general.--The Secretary shall 
                establish a competitive grant program to assist 
                the development of innovative activities 
                eligible for assistance under paragraph (1).
                  [(B) Eligible programs.--A program eligible 
                for assistance under paragraph (1) shall--
                          [(i) develop apprenticeships, on-the-
                        job training, and instructional 
                        training for public transportation 
                        maintenance and operations occupations;
                          [(ii) build local, regional, and 
                        statewide public transportation 
                        training partnerships with local public 
                        transportation operators, labor union 
                        organizations, workforce development 
                        boards, and State workforce agencies to 
                        identify and address workforce skill 
                        gaps;
                          [(iii) improve safety, security, and 
                        emergency preparedness in local public 
                        transportation systems through improved 
                        safety culture and workforce 
                        communication with first responders and 
                        the riding public; and
                          [(iv) address current or projected 
                        workforce shortages by developing 
                        partnerships with high schools, 
                        community colleges, and other community 
                        organizations.
                  [(C) Selection of recipients.--To the maximum 
                extent feasible, the Secretary shall select 
                recipients that--
                          [(i) are geographically diverse;
                          [(ii) address the workforce and human 
                        resources needs of large public 
                        transportation providers;
                          [(iii) address the workforce and 
                        human resources needs of small public 
                        transportation providers;
                          [(iv) address the workforce and human 
                        resources needs of urban public 
                        transportation providers;
                          [(v) address the workforce and human 
                        resources needs of rural public 
                        transportation providers;
                          [(vi) advance training related to 
                        maintenance of low or no emission 
                        vehicles and facilities used in public 
                        transportation;
                          [(vii) target areas with high rates 
                        of unemployment;
                          [(viii) advance opportunities for 
                        minorities, women, veterans, 
                        individuals with disabilities, low-
                        income populations, and other 
                        underserved populations; and
                          [(ix) address in-demand industry 
                        sector or occupation, as such term is 
                        defined in section 3 of the Workforce 
                        Innovation and Opportunity Act (29 
                        U.S.C. 3102).
                  [(D) Program outcomes.--A recipient of 
                assistance under this subsection shall 
                demonstrate outcomes for any program that 
                includes skills training, on-the-job training, 
                and work-based learning, including--
                          [(i) the impact on reducing public 
                        transportation workforce shortages in 
                        the area served;
                          [(ii) the diversity of training 
                        participants;
                          [(iii) the number of participants 
                        obtaining certifications or credentials 
                        required for specific types of 
                        employment;
                          [(iv) employment outcomes, including 
                        job placement, job retention, and 
                        wages, using performance metrics 
                        established in consultation with the 
                        Secretary and 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 who are participating 
                        in skills training, on-the-job 
                        training, and work-based learning from 
                        being referred to, or hired on, 
                        projects funded under this chapter 
                        without regard to the length of time of 
                        their participation in the program.
                  [(E) Report to congress.--The Secretary shall 
                make publicly available a report on the 
                Frontline Workforce Development Program 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 activities carried out under 
                this paragraph, an evaluation of the program, 
                and policy recommendations to improve program 
                effectiveness.]
          (2) National transit frontline workforce training 
        center.--
                  (A) Establishment.--The Secretary shall 
                establish a national transit frontline 
                workforce training center (hereinafter referred 
                to as the ``Center'') and enter into a 
                cooperative agreement with a nonprofit 
                organization with a demonstrated capacity to 
                develop and provide transit career pathway 
                programs through labor-management partnerships 
                and registered apprenticeships on a nationwide 
                basis, in order to carry out the duties under 
                subparagraph (B). The Center shall be dedicated 
                to the needs of the frontline transit workforce 
                in both rural and urban transit systems by 
                providing training in the maintenance and 
                operations occupations based on industry best 
                practices.
                  (B) Duties.--
                          (i) In general.--In cooperation with 
                        the Administrator of the Federal 
                        Transit Administration, public 
                        transportation authorities, and 
                        national entities, the Center shall 
                        develop and conduct training and 
                        educational programs for frontline 
                        local transportation employees of 
                        recipients eligible for funds under 
                        this chapter.
                          (ii) Training and educational 
                        programs.--The training and educational 
                        programs developed under clause (i) may 
                        include courses in recent developments, 
                        techniques, and procedures related to--
                                  (I) developing consensus 
                                national training standards, 
                                skills, competencies, and 
                                recognized postsecondary 
                                credentials in partnership with 
                                industry stakeholders for key 
                                frontline transit occupations 
                                with demonstrated skill gaps;
                                  (II) developing 
                                recommendations and best 
                                practices for curriculum and 
                                recognized postsecondary 
                                credentials, including related 
                                instruction and on-the-job 
                                learning for registered 
                                apprenticeship programs for 
                                transit maintenance and 
                                operations occupations;
                                  (III) building local, 
                                regional, and statewide transit 
                                training partnerships to 
                                identify and address workforce 
                                skill gaps and develop skills, 
                                competencies, and recognized 
                                postsecondary credentials 
                                needed for delivering quality 
                                transit service and supporting 
                                employee career advancement;
                                  (IV) developing programs for 
                                training of transit frontline 
                                workers, instructors, mentors, 
                                and labor-management 
                                partnership representatives, in 
                                the form of classroom, hands-
                                on, on-the-job, and web-based 
                                training, delivered at a 
                                national center, regionally, or 
                                at individual transit agencies;
                                  (V) developing training 
                                programs for skills and 
                                competencies related to 
                                existing and emerging transit 
                                technologies, including zero 
                                emission buses;
                                  (VI) developing improved 
                                capacity for safety, security, 
                                and emergency preparedness in 
                                local transit systems and in 
                                the industry as a whole 
                                through--
                                          (aa) developing the 
                                        role of the transit 
                                        frontline workforce in 
                                        building and sustaining 
                                        safety culture and 
                                        safety systems in the 
                                        industry and in 
                                        individual public 
                                        transportation systems; 
                                        and
                                          (bb) training to 
                                        address transit 
                                        frontline worker roles 
                                        in promoting health and 
                                        safety for transit 
                                        workers and the riding 
                                        public;
                                  (VII) developing local 
                                transit capacity for career 
                                pathways programs with schools 
                                and other community 
                                organizations for recruiting 
                                and training under-represented 
                                populations as successful 
                                transit employees who can 
                                develop careers in the transit 
                                industry;
                                  (VIII) in collaboration with 
                                the Administrator of the 
                                Federal Transit Administration, 
                                the Bureau of Labor Statistics, 
                                the Employment and Training 
                                Adminstration, and 
                                organizations representing 
                                public transit agencies, 
                                conducting and disseminating 
                                research to--
                                          (aa) provide transit 
                                        workforce job 
                                        projections and 
                                        identify training needs 
                                        and gaps;
                                          (bb) determine the 
                                        most cost-effective 
                                        methods for transit 
                                        workforce training and 
                                        development, including 
                                        return on investment 
                                        analysis;
                                          (cc) identify the 
                                        most effective methods 
                                        for implementing 
                                        successful safety 
                                        systems and a positive 
                                        safety culture; and
                                          (dd) promote transit 
                                        workforce best 
                                        practices for achieving 
                                        cost-effective, 
                                        quality, safe, and 
                                        reliable public 
                                        transportation 
                                        services; and
                                  (IX) providing culturally 
                                competent training and 
                                educational programs to all who 
                                participate, regardless of 
                                gender, sexual orientation, or 
                                gender identity, including 
                                those with limited English 
                                proficiency, diverse cultural 
                                and ethnic backgrounds, and 
                                disabilities.
                  (C) Coordination.--The Secretary shall 
                coordinate activities under this section, to 
                the maximum extent practicable, with the 
                Employment and Training Administration, 
                including the National Office of Apprenticeship 
                of the Department of Labor and the Office of 
                Career, Technical, and Adult Education of the 
                Department of Education.
                  (D) Availability of amounts.--
                          (i) In general.--Not more than 1 
                        percent of amounts made available to a 
                        recipient under sections 5307, 5337, 
                        and 5339 and not more than 2 percent of 
                        amounts made available to a recipient 
                        under section 5311 is available for 
                        expenditures by the recipient, with the 
                        approval of the Secretary, to pay not 
                        more than 80 percent of the cost of 
                        eligible activities under this 
                        subsection.
                          (ii) Existing programs.--A recipient 
                        may use amounts made available under 
                        clause (i) to carry out existing local 
                        education and training programs for 
                        public transportation employees 
                        supported by the Secretary, the 
                        Department of Labor, or the Department 
                        of Education.
                          (iii) Limitation.--Any funds made 
                        available under this section that are 
                        used to fund an apprenticeship or 
                        apprenticeship program shall only be 
                        used for, or provided to, a registered 
                        apprenticeship program, including any 
                        funds awarded for the purposes of 
                        grants, contracts, or cooperative 
                        agreements, or the development, 
                        implementation, or administration, of 
                        an apprenticeship or an apprenticeship 
                        program.
                  (E) Definitions.--In this paragraph:
                          (i) Career pathway.--The term 
                        ``career pathway'' has the meaning 
                        given such term in section 3 of the 
                        Workforce Innovation and Opportunity 
                        Act (29 U.S.C. 3102).
                          (ii) Recognized postsecondary 
                        credential.--The term ``recognized 
                        postsecondary credential'' has the 
                        meaning given such term in section 3 of 
                        the Workforce Innovation and 
                        Opportunity Act (29 U.S.C. 3102).
                          (iii) Registered apprenticeship 
                        program.--The term ``registered 
                        apprenticeship program'' means an 
                        apprenticeship program registered with 
                        the Department of Labor or a Federally-
                        recognized State Apprenticeship Agency 
                        and that complies with the requirements 
                        under parts 29 and 30 of title 29, Code 
                        of Federal Regulations, as in effect on 
                        January 1, 2019.
          (3) Government's share of costs.--The Government 
        share of the cost of a project carried out using a 
        grant under paragraph (1) [or (2)] shall be 50 percent.
          [(4) Availability of amounts.--Not more than 0.5 
        percent of amounts made available to a recipient under 
        sections 5307, 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.]
  (c) National Transit Institute.--
          (1) Establishment.--The Secretary shall establish a 
        national transit institute and award grants to a public 
        4-year degree-granting institution of higher education, 
        as defined in section 101(a) of the Higher Education 
        Act of 1965 (20 U.S.C. 1001(a)), in order to carry out 
        the duties of the institute.
          (2) Duties.--
                  (A) In general.--In cooperation with the 
                Federal Transit Administration, State 
                transportation departments, public 
                transportation authorities, and national and 
                international entities, the institute 
                established under paragraph (1) shall develop 
                and conduct training and educational programs 
                for Federal, State, and local transportation 
                employees, United States citizens, and foreign 
                nationals engaged or to be engaged in 
                Government-aid public transportation work.
                  (B) Training and educational programs.--The 
                training and educational programs developed 
                under subparagraph (A) may include courses in 
                recent developments, techniques, and procedures 
                related to--
                          (i) intermodal and public 
                        transportation planning;
                          (ii) management;
                          (iii) environmental factors;
                          (iv) acquisition and joint use 
                        rights-of-way;
                          (v) engineering and architectural 
                        design;
                          (vi) procurement strategies for 
                        public transportation systems;
                          (vii) turnkey approaches to 
                        delivering public transportation 
                        systems;
                          (viii) new technologies;
                          (ix) emission reduction technologies;
                          (x) ways to make public 
                        transportation accessible to 
                        individuals with disabilities;
                          (xi) construction, construction 
                        management, insurance, and risk 
                        management;
                          (xii) maintenance;
                          (xiii) contract administration;
                          (xiv) inspection;
                          (xv) innovative finance;
                          (xvi) workplace safety; and
                          (xvii) public transportation 
                        security.
          (3) Provision for education and training.--Education 
        and training of Government, State, and local 
        transportation employees under this subsection shall be 
        provided--
                  (A) by the Secretary at no cost to the States 
                and local governments for subjects that are a 
                Government program responsibility; or
                  (B) when the education and training are paid 
                under paragraph (4), by the State, with the 
                approval of the Secretary, through grants and 
                contracts with public and private agencies, 
                other institutions, individuals, and the 
                institute.
          (4) Availability of amounts.--
                  (A) In general.--Not more than 0.5 percent of 
                amounts made available to a recipient under 
                sections 5307, 5337, and 5339, and not more 
                than 2 percent of amounts under 5311, is 
                available for expenditures by the recipient, 
                with the approval of the Secretary, to pay not 
                more than 80 percent of the cost of eligible 
                activities under this subsection.
                  (B) Existing programs.--A recipient may use 
                amounts made available under subparagraph (A) 
                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.

           *       *       *       *       *       *       *


Sec. 5316. Mobility innovation

  (a) In General.--Amounts made available to a covered 
recipient to carry out sections 5307, 5310, and 5311 may be 
used by such covered recipient under this section to assist in 
the financing of--
          (1) mobility as a service; and
          (2) mobility on demand services.
  (b) Federal Share.--
          (1) In general.--Except as provided in paragraphs (2) 
        and (3), the Federal share of the net cost of a project 
        carried out under this section shall not exceed 70 
        percent.
          (2) Insourcing incentive.--Notwithstanding paragraph 
        (1), the Federal share of the net cost of a project 
        described in paragraph (1) shall, at the request of the 
        project sponsor, be increased by up to 10 percent for 
        mobility on demand service operated exclusively by 
        personnel employed by the recipient.
          (3) Zero emission incentive.--Notwithstanding 
        paragraph (1), the Federal share of the net cost of a 
        project described in paragraph (1) shall, at the 
        request of the project sponsor, be increased by up to 
        10 percent if such project involves an eligible use 
        that uses a vehicle that produces zero carbon dioxide 
        or particulate matter.
  (c) Eligible Uses.--
          (1) In general.--The Secretary shall publish guidance 
        describing eligible activities that are demonstrated 
        to--
                  (A) increase transit ridership;
                  (B) be complementary to fixed route transit 
                service;
                  (C) demonstrate meaningful improvements in--
                          (i) environmental metrics, including 
                        standards established pursuant to the 
                        Clean Air Act (42 U.S.C. 7401 et seq.) 
                        and greenhouse gas performance targets 
                        established pursuant to section 150(d) 
                        of title 23;
                          (ii) traffic congestion;
                          (iii) compliance with the 
                        requirements under the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 
                        12101 et seq.);
                          (iv) low-income service to increase 
                        access to employment, healthcare, and 
                        other essential services;
                          (v) service during times of the day 
                        when regular transit service is not 
                        operating, as long as regular transit 
                        service hours are not reduced;
                          (vi) new service that operates in 
                        areas of lower density that are 
                        unserved or underserved by regular 
                        transit service;
                          (vii) rural service; and
                          (viii) improvement in paratransit 
                        service quality.
          (2) Fare collection modernization.--In developing 
        guidance referred to in this section, the Secretary 
        shall ensure that--
                  (A) all costs associated with installing, 
                modernizing, and managing fare collection, 
                including touchless payment systems, shall be 
                considered eligible expenses under this title 
                and subject to the applicable Federal share; 
                and
                  (B) such guidance includes guidance on how 
                agencies shall provide unbanked and underbanked 
                users with an opportunity to benefit from 
                mobility as a service platforms.
          (3) Prohibition on use of funds.--Amounts used by a 
        covered recipient for projects eligible under this 
        section may not be used for--
                  (A) single passenger vehicle miles (in a 
                passenger motor vehicle, as such term is 
                defined in section 32101, that carries less 
                than 9 passengers), unless the trip--
                          (i) meets the definition of public 
                        transportation; and
                          (ii) begins or completes a fixed 
                        route public transportation trip;
                  (B) deadhead vehicle miles; or
                  (C) any service considered a taxi service 
                that operates under an exemption from testing 
                requirements under section 5331.
  (d) Federal Requirements.--A project carried out under this 
section shall be treated as if such project were carried out 
under the section from which the funds were provided to carry 
out such project, including the application of any additional 
requirements provided for by law that apply to section 5307, 
5310, or 5311, as applicable.
  (e) Waiver.--
          (1) Individual waiver.--Except as provided in 
        paragraphs (2) and (3), the Secretary may waive any 
        requirement applied to a project carried out under this 
        section pursuant to subsection (d) if the Secretary 
        determines that the project would--
                  (A) not undermine labor standards;
                  (B) increase employment opportunities of the 
                recipient unless the Secretary determines that 
                such a waiver does not affect employment 
                opportunities; and
                  (C) be consistent with the public interest.
          (2) Waiver under other sections.--The Secretary may 
        not waive any requirement under paragraph (1) for which 
        a waiver is otherwise available.
          (3) Prohibition of waiver.--Notwithstanding paragraph 
        (1), the Secretary may not waive any requirement of--
                  (A) section 5333;
                  (B) section 5331;
                  (C) section 5302(14); and
                  (D) chapter 53 that establishes a maximum 
                Federal share for operating costs.
          (4) Application of section 5320.--Notwithstanding 
        paragraphs (1) and (2), the Secretary may only waive 
        the requirements of section 5320 with respect to--
                  (A) a passenger vehicle owned by an 
                individual;
                  (B) subsection (q) of such section for any 
                passenger vehicle not owned by an individual 
                for the period beginning on the date of 
                enactment of this section and ending 3 years 
                after such date;
                  (C) any shared micromobility device for the 
                period beginning on the date of enactment of 
                this section and ending on the date that is 3 
                years after such date; and
                  (D) rolling stock that is part of a dedicated 
                fleet of vehicles for the provision of 
                microtransit that is operated by, or 
                exclusively on behalf of, the covered recipient 
                for the period beginning on the date of 
                enactment of this section and ending on the 
                date that is 3 years after such date.
          (5) Limitation.--A waiver issued under subparagraphs 
        (B), (C), or (D) of paragraph (4) may only be issued on 
        an individual project basis at the request of the 
        covered recipient and may not be renewed or extended 
        beyond the initial 3-year period of the waiver.
  (f) Open Data Standards.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this section, the Secretary shall 
        initiate procedures under subchapter III of chapter 5 
        of title 5 to develop an open data standard and an 
        application programming interface necessary to carry 
        out this section.
          (2) Regulations.--The regulations required under 
        paragraph (1) shall require public transportation 
        agencies, mobility on demand providers, mobility as a 
        service technology providers, other non-government 
        actors, and local governments the efficient means to 
        transfer data to--
                  (A) foster the efficient use of 
                transportation capacity;
                  (B) enhance the management of new modes of 
                mobility;
                  (C) enable the use of innovative planning 
                tools;
                  (D) enable single payment systems for all 
                mobility on demand services;
                  (E) establish metropolitan planning 
                organization, State, and local government 
                access to anonymized data for transportation 
                planning, real time operations data, and rules;
                  (F) prohibit the transfer of personally 
                identifiable information;
                  (G) protect confidential business 
                information;
                  (H) enhance cybersecurity protections; and
                  (I) allow data governance, including but not 
                limited to licensing and terms of information 
                sharing, periodic risk assessments, policies 
                regarding data retention and information 
                handling policies, and anonymization 
                techniques.
          (3) Prohibition on for profit activity.--Any data 
        received by an entity under this subsection may not be 
        sold, leased, or otherwise used to generate profit, 
        except for the direct provision of the related mobility 
        on demand services and mobility as a service.
          (4) Committee.--A negotiated rulemaking committee 
        established pursuant to section 565 of title 5 to carry 
        out this subsection shall have a maximum of 17 members 
        limited to representatives of the Department of 
        Transportation, State and local governments, 
        metropolitan planning organizations, urban and rural 
        covered recipients, associations that represent public 
        transit agencies, representatives from at least 3 
        different organizations engaged in collective 
        bargaining on behalf of transit workers in not fewer 
        than 3 States, mobility on demand providers, and 
        mobility as a service technology providers.
          (5) Publication of proposed regulations.--Proposed 
        regulations to implement this section shall be 
        published in the Federal Register by the Secretary not 
        later than 18 months after such date of enactment.
          (6) Extension of deadlines.--A deadline set forth in 
        paragraph (4) may be extended up to 180 days if the 
        negotiated rulemaking committee referred to in 
        paragraph (5) concludes that the committee cannot meet 
        the deadline and the Secretary so notifies the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate.
  (g) Application of Recipient Vehicle Revenue Miles.--With 
respect to vehicle revenue miles with one passenger of a 
covered recipient using amounts under this section, such 
miles--
          (1) shall be included in the National Transit 
        Database under section 5335; and
          (2) shall be excluded from vehicle revenue miles data 
        used in the calculation described in section 5336.
  (h) Savings Clause.--Subsection (c)(2) and subsection (g) 
shall not apply to any eligible activities under this section 
if such activities are--
          (1) being carried out in compliance with the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.); or
          (2) projects eligible under section 5310 that exceed 
        the requirements of the Americans with Disabilities Act 
        of 1990 (42 U.S.C. 12101 et seq.).
  (i) Definitions.--In this section:
          (1) Covered recipient.--The term ``covered 
        recipient'' means a State or local government entity, 
        private nonprofit organization, or Tribe that--
                  (A) operates a public transportation service; 
                and
                  (B) is a recipient or subrecipient of funds 
                under section 5307, 5310, or 5311.
          (2) Deadhead vehicle miles.--The term ``deadhead 
        vehicle miles'' means the miles that a vehicle travels 
        when out of revenue service, including leaving or 
        returning to the garage or yard facility, changing 
        routes, when there is no expectation of carrying 
        revenue passengers, and any miles traveled by a private 
        operator without a passenger.
          (3) Mobility as a service.--The term ``mobility as a 
        service'' means services that constitute the 
        integration of mobility on demand services and public 
        transportation that are available and accessible to all 
        travelers, provide multimodal trip planning, and a 
        unified payment system.
          (4) Mobility on demand.--The term ``mobility on 
        demand'' means an on-demand transportation service 
        shared among individuals, either concurrently or one 
        after another.

           *       *       *       *       *       *       *


Sec. 5318. Bus testing facility

  (a) Facility.--The Secretary shall maintain one facility for 
testing a new bus model for maintainability, reliability, 
safety, performance (including braking performance), structural 
integrity, fuel economy, emissions, and noise.
  (b) Operation and Maintenance.--The Secretary shall enter 
into a contract or cooperative agreement with, or make a grant 
to, a qualified person or organization to operate and maintain 
the facility. The contract, cooperative agreement, or grant may 
provide for the testing of rail cars and other public 
transportation vehicles at the facility.
  (c) Fees.--The person operating and maintaining the facility 
shall establish and collect fees for the testing of vehicles at 
the facility. The Secretary must approve the fees.
  (d) Availability of Amounts To Pay for Testing.--The 
Secretary shall enter into a contract or cooperative agreement 
with, or make a grant to, the operator of the facility under 
which the Secretary shall pay 80 percent of the cost of testing 
a vehicle at the facility from amounts available to carry out 
this section. The entity having the vehicle tested shall pay 20 
percent of the cost.
  (e) Acquiring New Bus Models.--
          (1) In general.--Amounts appropriated or otherwise 
        made available under this chapter may be obligated or 
        expended to acquire a new bus model only if--
                  (A) a bus of that model has been tested at a 
                facility authorized under subsection (a); and
                  (B) the bus tested under subparagraph (A) 
                met--
                          (i) performance standards for 
                        maintainability, reliability, 
                        performance (including braking 
                        performance), structural integrity, 
                        fuel economy, emissions, and noise, as 
                        established by the Secretary by rule; 
                        and
                          (ii) the minimum safety performance 
                        standards established by the Secretary 
                        pursuant to section 5329(b).
          (2) Bus test ``pass/fail'' standard.--Not later than 
        2 years after the date of enactment of the Federal 
        Public Transportation Act of 2012, the Secretary shall 
        issue a final rule under subparagraph (B)(i). The final 
        rule issued under paragraph (B)(i) shall include a bus 
        model scoring system that results in a weighted, 
        aggregate score that uses the testing categories under 
        subsection (a) and considers the relative importance of 
        each such testing category. The final rule issued under 
        subparagraph (B)(i) shall establish a ``pass/fail'' 
        standard that uses the aggregate score described in the 
        preceding sentence. Amounts appropriated or otherwise 
        made available under this chapter may be obligated or 
        expended to acquire a new bus model only if the new bus 
        model has received a passing aggregate test score. The 
        Secretary shall work with the bus testing facility, bus 
        manufacturers, and transit agencies to develop the bus 
        model scoring system under this paragraph. A passing 
        aggregate test score under the rule issued under 
        subparagraph (B)(i) indicates only that amounts 
        appropriated or made available under this chapter may 
        be obligated or expended to acquire a new bus model and 
        shall not be interpreted as a warranty or guarantee 
        that the new bus model will meet a purchaser's specific 
        requirements.
  (f) Testing Schedule.--The Secretary shall--
          (1) determine eligibility of a bus manufacturer's 
        request for testing within 10 business days; and
          (2) make publicly available the current backlog (in 
        months) to begin testing a new bus at the bus testing 
        facility.

Sec. 5320. Buy America

  (a) In General.--The Secretary may obligate an amount that 
may be appropriated to carry out this chapter for a project 
only if the steel, iron, and manufactured goods used in the 
project are produced in the United States.
  (b) Waiver.--The Secretary may waive subsection (a) if the 
Secretary finds that--
          (1) applying subsection (a) would be inconsistent 
        with the public interest;
          (2) the steel, iron, and goods produced in the United 
        States are not produced in a sufficient and reasonably 
        available amount or are not of a satisfactory quality;
          (3) when procuring rolling stock (including train 
        control, communication, traction power equipment, and 
        rolling stock prototypes) under this chapter--
                  (A) the cost of components and subcomponents 
                produced in the United States is more than 70 
                percent of the cost of all components of the 
                rolling stock; and
                  (B) final assembly of the rolling stock has 
                occurred in the United States; or
          (4) including domestic material will increase the 
        cost of the overall project by more than 25 percent.
  (c) Written Waiver Determination and Annual Report.--
          (1) Waiver procedure.--Not later than 120 days after 
        the submission of a request for a waiver, the Secretary 
        shall make a determination under subsection (b)(1), 
        (b)(2), or (b)(4) as to whether to waive subsection 
        (a).
          (2) Public notification and comment.--
                  (A) In general.--Not later than 30 days 
                before making a determination regarding a 
                waiver described in paragraph (1), the 
                Secretary shall provide notification and an 
                opportunity for public comment on the request 
                for such waiver.
                  (B) Notification requirements.--The 
                notification required under subparagraph (A) 
                shall--
                          (i) describe whether the application 
                        is being made for a waiver described in 
                        subsection (b)(1), (b)(2) or (b)(4); 
                        and
                          (ii) be provided to the public by 
                        electronic means, including on a public 
                        website of the Department of 
                        Transportation.
          (3) Determination.--Before a determination described 
        in paragraph (1) takes effect, the Secretary shall 
        publish a detailed justification for such determination 
        that addresses all public comments received under 
        paragraph (2)--
                  (A) on the public website of the Department 
                of Transportation; and
                  (B) if the Secretary issues a waiver with 
                respect to such determination, in the Federal 
                Register.
          (4) Annual report.--Annually, the Secretary shall 
        submit to the Committee on Banking, Housing, and Urban 
        Affairs of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report listing any waiver issued 
        under paragraph (1) during the preceding year.
  (d) Rolling Stock Waiver Conditions.--
          (1) Labor costs for final assembly.--In this section, 
        highly skilled labor costs involved in final assembly 
        shall be included as a separate component in the cost 
        of components and subcomponents under subsection 
        (b)(3)(A).
          (2) High domestic content component bonus.--In this 
        section, in calculating the domestic content of the 
        rolling stock under subsection (b)(3)(A), the percent, 
        rounded to the nearest whole number, of the domestic 
        content in components of such rolling stock, weighted 
        by cost, shall be used in calculating the domestic 
        content of the rolling stock, except--
                  (A) with respect to components that exceed--
                          (i) 70 percent domestic content, the 
                        Secretary shall add 10 additional 
                        percent to the component's domestic 
                        content when calculating the domestic 
                        content of the rolling stock; and
                          (ii) 75 percent domestic content, the 
                        Secretary shall add 15 additional 
                        percent to the component's domestic 
                        content when calculating the domestic 
                        content of the rolling stock; and
                  (B) in no case may a component exceed 100 
                percent domestic content when calculating the 
                domestic content of the rolling stock.
          (3) Rolling stock frames or car shells.--
                  (A) Inclusion of costs.--Subject to the 
                substantiation requirement of subparagraph (B), 
                in calculating the cost of the domestic content 
                of the rolling stock under subsection (b)(3), 
                in the case of a rolling stock procurement 
                receiving assistance under this chapter in 
                which the average cost of a rolling stock 
                vehicle in the procurement is more than 
                $300,000, if rolling stock frames or car shells 
                are not produced in the United States, the 
                Secretary shall include in the calculation of 
                the domestic content of the rolling stock the 
                cost of the steel or iron that is produced in 
                the United States and used in the rolling stock 
                frames or car shells.
                  (B) Substantiation.--If a rolling stock 
                vehicle manufacturer wishes to include in the 
                calculation of the vehicle's domestic content 
                the cost of steel or iron produced in the 
                United States and used in the rolling stock 
                frames and car shells that are not produced in 
                the United States, the manufacturer shall 
                maintain and provide upon request a mill 
                certification that substantiates the origin of 
                the steel or iron.
          (4) Treatment of waived components and 
        subcomponents.--In this section, a component or 
        subcomponent waived under subsection (b) shall be 
        excluded from any part of the calculation required 
        under subsection (b)(3)(A).
          (5) Zero-emission vehicle domestic battery cell 
        incentive.--The Secretary shall add 2.5 percent to the 
        total domestic content when calculating the domestic 
        content of the rolling stock for any zero-emission 
        vehicle that uses only battery cells for propulsion 
        that are manufactured domestically.
          (6) Prohibition on double counting.--
                  (A) In general.--No labor costs included in 
                the cost of a component or subcomponent by the 
                manufacturer of rolling stock may be treated as 
                rolling stock assembly costs for purposes of 
                calculating domestic content.
                  (B) Violation.--A violation of this paragraph 
                shall be treated as a false claim under 
                subchapter III of chapter 37 of title 31.
          (7) Definition of highly skilled labor costs.--In 
        this subsection, the term ``highly skilled labor 
        costs''--
                  (A) means the apportioned value of direct 
                wage compensation associated with final 
                assembly activities of workers directly 
                employed by a rolling stock original equipment 
                manufacturer and directly associated with the 
                final assembly activities of a rolling stock 
                vehicle that advance the value or improve the 
                condition of the end product;
                  (B) does not include any temporary or 
                indirect activities or those hired via a third-
                party contractor or subcontractor;
                  (C) are limited to metalworking, fabrication, 
                welding, electrical, engineering, and other 
                technical activities requiring training;
                  (D) are not otherwise associated with 
                activities required under section 661.11 of 
                title 49, Code of Federal Regulations; and
                  (E) includes only activities performed in the 
                United States and does not include that of 
                foreign nationals providing assistance at a 
                United States manufacturing facility.
  (e) Certification of Domestic Supply and Disclosure.--
          (1) Certification of domestic supply.--If the 
        Secretary denies an application for a waiver under 
        subsection (b)(2), the Secretary shall provide to the 
        applicant a written certification that--
                  (A) the steel, iron, or manufactured goods, 
                as applicable, (referred to in this paragraph 
                as the ``item'') is produced in the United 
                States in a sufficient and reasonably available 
                amount;
                  (B) the item produced in the United States is 
                of a satisfactory quality; and
                  (C) includes a list of known manufacturers in 
                the United States from which the item can be 
                obtained.
          (2) Disclosure.--The Secretary shall disclose the 
        waiver denial and the written certification to the 
        public in the manner described in subsection (c).
  (f) Waiver Prohibited.--The Secretary may not make a waiver 
under subsection (b) for goods produced in a foreign country if 
the Secretary, in consultation with the United States Trade 
Representative, decides that the government of that foreign 
country--
          (1) has an agreement with the United States 
        Government under which the Secretary has waived the 
        requirement of this section; and
          (2) has violated the agreement by discriminating 
        against goods to which this section applies that are 
        produced in the United States and to which the 
        agreement applies.
  (g) Penalty for mislabeling and misrepresentation A person is 
ineligible under subpart 9.4 of the Federal Acquisition 
Regulation, or any successor thereto, to receive a contract or 
subcontract made with amounts authorized under title II of 
division B of the INVEST in America Act if a court or 
department, agency, or instrumentality of the Government 
decides the person intentionally--
          (1) affixed a ``Made in America'' label, or a label 
        with an inscription having the same meaning, to goods 
        sold in or shipped to the United States that are used 
        in a project to which this section applies but not 
        produced in the United States; or
          (2) represented that goods described in paragraph (1) 
        were produced in the United States.
  (h) State Requirements.--The Secretary may not impose any 
limitation on assistance provided under this chapter that 
restricts a State from imposing more stringent requirements 
than this subsection on the use of articles, materials, and 
supplies mined, produced, or manufactured in foreign countries 
in projects carried out with that assistance or restricts a 
recipient of that assistance from complying with those State-
imposed requirements.
  (i) Opportunity To Correct Inadvertent Error.--The Secretary 
may allow a manufacturer or supplier of steel, iron, or 
manufactured goods to correct after bid opening any 
certification of noncompliance or failure to properly complete 
the certification (but not including failure to sign the 
certification) under this subsection if such manufacturer or 
supplier attests under penalty of perjury that such 
manufacturer or supplier submitted an incorrect certification 
as a result of an inadvertent or clerical error. The burden of 
establishing inadvertent or clerical error is on the 
manufacturer or supplier.
  (j) Administrative Review.--A party adversely affected by an 
agency action under this subsection shall have the right to 
seek review under section 702 of title 5.
  (k) Steel and Iron.--For purposes of this section, steel and 
iron meeting the requirements of section 661.5(b) of title 49, 
Code of Federal Regulations, may be considered produced in the 
United States.
  (l) Definition of Small Purchase.--For purposes of 
determining whether a purchase qualifies for a general public 
interest waiver under subsection (b)(1), including under any 
regulation promulgated under such subsection, the term ``small 
purchase'' means a purchase of not more than $150,000.
  (m) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--
          (1) In general.--The Secretary shall prescribe 
        regulations requiring a preaward and postdelivery 
        certification of a rolling stock vehicle that meets the 
        requirements of this section and Government motor 
        vehicle safety requirements to be eligible for a grant 
        under this chapter. For compliance with this section--
                  (A) Federal inspections and review are 
                required;
                  (B) a manufacturer certification is not 
                sufficient; and
                  (C) a rolling stock vehicle that has been 
                certified by the Secretary remains certified 
                until the manufacturer makes a material change 
                to the vehicle, or adjusts the cost of all 
                components of the rolling stock, that reduces, 
                by more than half, the percentage of domestic 
                content above 70 percent.
          (2) Certification of percentage.--
                  (A) In general.--The Secretary may, at the 
                request of a component or subcomponent 
                manufacturer, certify the percentage of 
                domestic content and place of manufacturing for 
                a component or subcomponent.
                  (B) Period of certification.--Any component 
                or subcomponent certified by the Secretary 
                shall remain certified until the manufacturer 
                makes a material change to the domestic content 
                or the place of manufacturing of such component 
                or subcomponent.
          (3) Freedom of information act.--In carrying out this 
        subsection, the Secretary shall apply the provisions of 
        section 552 of title 5, including subsection (b)(4) of 
        such section.
          (4) Noncompliance.--The Secretary shall prohibit 
        recipients from procuring rolling stock, components, or 
        subcomponents from a supplier that intentionally 
        provides false information to comply with this 
        subsection.
  (n) Scope.--The requirements of this section apply to all 
contracts for a public transportation project carried out 
within the scope of the applicable finding, determination, or 
decision under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), regardless of the funding source of 
such contracts, if at least one contract for the public 
transportation project is funded with amounts made available to 
carry out this chapter.
  (o) Buy America Conformity.--The Secretary shall ensure that 
all Federal funds for new commuter rail projects shall comply 
with this section and shall not be subject to section 22905(a).
  (p) Audits and Reporting of Waste, Fraud, and Abuse.--
          (1) In general.--The Inspector General of the 
        Department of Transportation shall conduct an annual 
        audit on certifications under subsection (m) regarding 
        compliance with Buy America.
          (2) Report fraud, waste, and abuse.--The Secretary 
        shall display a ``Report Fraud, Waste, and Abuse'' 
        button and link to Department of Transportation's 
        Office of Inspector General Hotline on the Federal 
        Transit Administration's Buy America landing page.
          (3) Contract requirement.--The Secretary shall 
        require all recipients who enter into contracts to 
        purchase rolling stock with funds provided under this 
        chapter to include in such contract information on how 
        to contact the Department of Transportation's Office of 
        Inspector General Hotline to report suspicions of 
        fraud, waste, and abuse.
  (q) Passenger Motor Vehicles.--
          (1) In general.--Any domestically manufactured 
        passenger motor vehicle shall be considered to be 
        produced in the United States under this section.
          (2) Domestically manufactured passenger motor 
        vehicle.--In this subsection, the term ``domestically 
        manufactured passenger motor vehicle'' means any 
        passenger motor vehicle, as such term is defined in 
        section 32304(a) that--
                  (A) has under section 32304(b)(1)(B) its 
                final assembly place in the United States; and
                  (B) the percentage (by value) of passenger 
                motor equipment under section 32304(b)(1)(A) 
                equals or exceeds 60 percent value added.
  (r) Rolling Stock Components and Subcomponents.--No bus 
shell, railcar frame, or other component or subcomponent that 
is primarily made of steel or iron shall be treated as produced 
in the United States for purposes of subsection (b)(3) or 
determined to be of domestic origin under section 661.11 of 
title 49, Code of Federal Regulations, if the material inputs 
of such component or subcomponent were imported into the United 
States and the processes performed in the United States on the 
imported articles would not result in a change in the article's 
classification to chapter 86 or 87 of the Harmonized Tariff 
Schedule of the United States from another chapter or a new 
heading of any chapter from the heading under which the article 
was classified upon entry.
  (s) Treatment of Steel and Iron Components as Produced in the 
United States.--Notwithstanding any other provision of any law 
or any rule, regulation, or policy of the Federal Transit 
Administration, steel and iron components of a system, as 
defined in section 661.3 of title 49, Code of Federal 
Regulations, and of manufactured end products referred to in 
Appendix A of such section, may not be considered to be 
produced in the United States unless such components meet the 
requirements of section 661.5(b) of title 49, Code of Federal 
Regulations.
  (t) Requirement for Transit Agencies.--Notwithstanding the 
provisions of this section, if a transit agency accepts Federal 
funds, such agency shall adhere to the requirements of this 
section in procuring rolling stock.

           *       *       *       *       *       *       *


Sec. 5323. General provisions

  (a) Interests in Property.--
          (1) In general.--Financial assistance provided under 
        this chapter to a State or a local governmental 
        authority may be used to acquire an interest in, or to 
        buy property of, a private company engaged in public 
        transportation, for a capital project for property 
        acquired from a private company engaged in public 
        transportation after July 9, 1964, or to operate a 
        public transportation facility or equipment in 
        competition with, or in addition to, transportation 
        service provided by an existing public transportation 
        company, only if--
                  (A) the Secretary determines that such 
                financial assistance is essential to a program 
                of projects required under sections 5303, 5304, 
                and 5306;
                  (B) the Secretary determines that the program 
                provides for the participation of private 
                companies engaged in public transportation to 
                the maximum extent feasible; and
                  (C) just compensation under State or local 
                law will be paid to the company for its 
                franchise or property.
          (2) Limitation.--A governmental authority may not use 
        financial assistance of the United States Government to 
        acquire land, equipment, or a facility used in public 
        transportation from another governmental authority in 
        the same geographic area.
  (b) Relocation and Real Property Requirements.--The Uniform 
Relocation Assistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to financial 
assistance for capital projects under this chapter.
  (c) Consideration of Economic, Social, and Environmental 
Interests.--
          (1) Cooperation and consultation.--The Secretary 
        shall cooperate and consult with the Secretary of the 
        Interior and the Administrator of the Environmental 
        Protection Agency on each project that may have a 
        substantial impact on the environment.
          (2) Compliance with nepa.--The National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply 
        to financial assistance for capital projects under this 
        chapter.
  (d) Condition on Charter Bus Transportation Service.--
          (1) Agreements.--Financial assistance under this 
        chapter may be used to buy or operate a bus only if the 
        applicant, governmental authority, or publicly owned 
        operator that receives the assistance agrees that, 
        except as provided in the agreement, the governmental 
        authority or an operator of public transportation for 
        the governmental authority will not provide charter bus 
        transportation service outside the [urban area] 
        urbanized area in which it provides regularly scheduled 
        public transportation service. An agreement shall 
        provide for a fair arrangement the Secretary of 
        Transportation considers appropriate to ensure that the 
        assistance will not enable a governmental authority or 
        an operator for a governmental authority to foreclose a 
        private operator from providing intercity charter bus 
        service if the private operator can provide the 
        service.
          (2) Violations.--
                  (A) Investigations.--On receiving a complaint 
                about a violation of the agreement required 
                under paragraph (1), the Secretary shall 
                investigate and decide whether a violation has 
                occurred.
                  (B) Enforcement of agreements.--If the 
                Secretary decides that a violation has 
                occurred, the Secretary shall correct the 
                violation under terms of the agreement.
                  (C) Additional remedies.--In addition to any 
                remedy specified in the agreement, the 
                Secretary shall bar a recipient or an operator 
                from receiving Federal transit assistance in an 
                amount the Secretary considers appropriate if 
                the Secretary finds a pattern of violations of 
                the agreement.
          (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 provide the service in the event a registered 
        charter provider does not contact the customer, provide 
        a quote, or provide the service.
  (e) Bond Proceeds Eligible for Local Share.--
          (1) Use as local matching funds.--Notwithstanding any 
        other provision of law, a recipient of assistance under 
        section 5307, 5309, or 5337 may use the proceeds from 
        the issuance of revenue bonds as part of the local 
        matching funds for a capital project.
          (2) Maintenance of effort.--The Secretary shall 
        approve of the use of the proceeds from the issuance of 
        revenue bonds for the remainder of the net project cost 
        only if the Secretary finds that the aggregate amount 
        of financial support for public transportation in the 
        urbanized area provided by the State and affected local 
        governmental authorities during the next 3 fiscal 
        years, as programmed in the State transportation 
        improvement program under section 5304, is not less 
        than the aggregate amount provided by the State and 
        affected local governmental authorities in the 
        urbanized area during the preceding 3 fiscal years.
          (3) Debt service reserve.--The Secretary may 
        reimburse an eligible recipient for deposits of bond 
        proceeds in a debt service reserve that the recipient 
        establishes pursuant to section 5302(3)(J) from amounts 
        made available to the recipient under section 5309.
  (f) Schoolbus Transportation.--
          (1) Agreements.--Financial assistance under this 
        chapter may be used for a capital project, or to 
        operate public transportation equipment or a public 
        transportation facility, only if the applicant agrees 
        not to provide schoolbus transportation that 
        exclusively transports students and school personnel in 
        competition with a private schoolbus operator. This 
        subsection does not apply--
                  (A) to an applicant that operates a school 
                system in the area to be served and a separate 
                and exclusive schoolbus program for the school 
                system; and
                  (B) unless a private schoolbus operator can 
                provide adequate transportation that complies 
                with applicable safety standards at reasonable 
                rates.
          (2) Violations.--If the Secretary finds that an 
        applicant, governmental authority, or publicly owned 
        operator has violated the agreement required under 
        paragraph (1), the Secretary shall bar a recipient or 
        an operator from receiving Federal transit assistance 
        in an amount the Secretary considers appropriate.
  (g) Buying Buses Under Other Laws.--Subsections (d) and (f) 
of this section apply to financial assistance to buy a bus 
under sections 133 and 142 of title 23.
  (h) Grant and Loan Prohibitions.--A grant or loan may not be 
used to--
          (1) pay ordinary governmental or nonproject operating 
        expenses; or
          [(2) pay incremental costs of incorporating art or 
        non-functional landscaping into facilities, including 
        the costs of an artist on the design team; or]
          [(3)] (2) support a procurement that uses an 
        exclusionary or discriminatory specification.
  (i) Government Share of Costs for Certain Projects.--
          (1) Acquiring vehicles and vehicle-related equipment 
        or facilities.--
                  (A) Vehicles.--A grant for a project to be 
                assisted under this chapter that involves 
                acquiring vehicles for purposes of complying 
                with or maintaining compliance with the 
                Americans with Disabilities Act of 1990 (42 
                U.S.C. 12101 et seq.) or the Clean Air Act is 
                for 85 percent of the net project cost.
                  (B) Vehicle-related equipment or 
                facilities.--A grant for a project to be 
                assisted under this chapter that involves 
                acquiring vehicle-related equipment or 
                facilities required by the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.) or vehicle-related equipment or 
                facilities (including clean fuel or alternative 
                fuel vehicle-related equipment or facilities) 
                for purposes of complying with or maintaining 
                compliance with the Clean Air Act, is for 90 
                percent of the net project cost of such 
                equipment or facilities attributable to 
                compliance with those Acts. The Secretary shall 
                have discretion to determine, through 
                practicable administrative procedures, the 
                costs of such equipment or facilities 
                attributable to compliance with those Acts.
          (2) Costs incurred by providers of public 
        transportation by vanpool.--
                  (A) Local matching share.--The local matching 
                share provided by a recipient of assistance for 
                a capital project under this chapter may 
                include any amounts expended by a provider of 
                public transportation by vanpool for the 
                acquisition of rolling stock to be used by such 
                provider in the recipient's service area, 
                excluding any amounts the provider may have 
                received in Federal, State, or local government 
                assistance for such acquisition.
                  (B) Use of revenues.--A private provider of 
                public transportation by vanpool may use 
                revenues it receives in the provision of public 
                transportation service in the service area of a 
                recipient of assistance under this chapter that 
                are in excess of the provider's operating costs 
                for the purpose of acquiring rolling stock, if 
                the private provider enters into a legally 
                binding agreement with the recipient that 
                requires the provider to use the rolling stock 
                in the recipient's service area.
                  (C) Definitions.--In this paragraph, the 
                following definitions apply:
                          (i) Private provider of public 
                        transportation by vanpool.--The term 
                        ``private provider of public 
                        transportation by vanpool'' means a 
                        private entity providing vanpool 
                        services in the service area of a 
                        recipient of assistance under this 
                        chapter using a commuter highway 
                        vehicle or vanpool vehicle.
                          (ii) Commuter highway vehicle; 
                        vanpool vehicle.--The term ``commuter 
                        highway vehicle or vanpool vehicle'' 
                        means any vehicle--
                                  (I) the seating capacity of 
                                which is at least 6 adults (not 
                                including the driver); and
                                  (II) at least 80 percent of 
                                the mileage use of which can be 
                                reasonably expected to be for 
                                the purposes of transporting 
                                commuters in connection with 
                                travel between their residences 
                                and their place of employment.
  [(j) Buy America.--
          [(1) 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.
          [(2) Waiver.--The Secretary may waive paragraph (1) 
        of this subsection if the Secretary finds that--
                  [(A) applying paragraph (1) would be 
                inconsistent with the public interest;
                  [(B) 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;
                  [(C) when procuring rolling stock (including 
                train control, communication, traction power 
                equipment, and rolling stock prototypes) under 
                this chapter--
                          [(i) the cost of components and 
                        subcomponents produced in the United 
                        States--
                                  [(I) for fiscal years 2016 
                                and 2017, is more than 60 
                                percent of the cost of all 
                                components of the rolling 
                                stock;
                                  [(II) for fiscal years 2018 
                                and 2019, is more than 65 
                                percent of the cost of all 
                                components of the rolling 
                                stock; and
                                  [(III) for fiscal year 2020 
                                and each fiscal year 
                                thereafter, is more than 70 
                                percent of the cost of all 
                                components of the rolling 
                                stock; and
                          [(ii) final assembly of the rolling 
                        stock has occurred in the United 
                        States; or
                  [(D) including domestic material will 
                increase the cost of the overall project by 
                more than 25 percent.
          [(3) Written waiver determination and annual 
        report.--
                  [(A) Written determination.--Before issuing a 
                waiver under paragraph (2), the Secretary 
                shall--
                          [(i) publish in the Federal Register 
                        and make publicly available in an 
                        easily identifiable location on the 
                        website of the Department of 
                        Transportation a detailed written 
                        explanation of the waiver 
                        determination; and
                          [(ii) provide the public with a 
                        reasonable period of time for notice 
                        and comment.
                  [(B) Annual report.--Not later than 1 year 
                after the date of enactment of the Federal 
                Public Transportation Act of 2012, and annually 
                thereafter, 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 (2) during the preceding 
                year.
          [(4) Labor costs for final assembly.--In this 
        subsection, labor costs involved in final assembly are 
        not included in calculating the cost of components.
          [(5) Rolling stock frames or car shells.--In carrying 
        out paragraph (2)(C) 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 steel or iron that is produced in the United States 
        and used in the rolling stock frames or car shells.
          [(6) Certification of domestic supply and 
        disclosure.--
                  [(A) Certification of domestic supply.--If 
                the Secretary denies an application for a 
                waiver under paragraph (2), the Secretary shall 
                provide to the applicant a written 
                certification that--
                          [(i) the steel, iron, or manufactured 
                        goods, as applicable, (referred to in 
                        this subparagraph as the ``item'') is 
                        produced in the United States in a 
                        sufficient and reasonably available 
                        amount;
                          [(ii) the item produced in the United 
                        States is of a satisfactory quality; 
                        and
                          [(iii) includes a list of known 
                        manufacturers in the United States from 
                        which the item can be obtained.
                  [(B) 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.
          [(7) Waiver prohibited.--The Secretary may not make a 
        waiver under paragraph (2) of this subsection 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--
                  [(A) has an agreement with the United States 
                Government under which the Secretary has waived 
                the requirement of this subsection; and
                  [(B) has violated the agreement by 
                discriminating against goods to which this 
                subsection applies that are produced in the 
                United States and to which the agreement 
                applies.
          [(8) 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 the Federal Public Transportation Act 
        of 2015 if a court or department, agency, or 
        instrumentality of the Government decides the person 
        intentionally--
                  [(A) 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 subsection applies but not produced 
                in the United States; or
                  [(B) represented that goods described in 
                subparagraph (A) of this paragraph were 
                produced in the United States.
          [(9) 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.
          [(10) 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.
          [(11) 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.
          [(12) Steel and iron.--For purposes of this 
        subsection, 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.
          [(13) Definition of small purchase.--For purposes of 
        determining whether a purchase qualifies for a general 
        public interest waiver under paragraph (2)(A) of this 
        subsection, including under any regulation promulgated 
        under that paragraph, the term ``small purchase'' means 
        a purchase of not more than $150,000.]
  (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.
  (k) Participation of Governmental Agencies in Design and 
Delivery of Transportation Services.--Governmental agencies and 
nonprofit organizations that receive assistance from Government 
sources (other than the Department of Transportation) for 
nonemergency transportation services shall--
          (1) participate and coordinate with recipients of 
        assistance under this chapter in the design and 
        delivery of transportation services; and
          (2) be included in the planning for those services.
  (l) Relationship to Other Laws.--
          (1) Fraud and false statements.--Section 1001 of 
        title 18 applies to a certificate, submission, or 
        statement provided under this chapter. The Secretary 
        may terminate financial assistance under this chapter 
        and seek reimbursement directly, or by offsetting 
        amounts, available under this chapter if the Secretary 
        determines that a recipient of such financial 
        assistance has made a false or fraudulent statement or 
        related act in connection with a Federal public 
        transportation program.
          (2) Political activities of nonsupervisory 
        employees.--The provision of assistance under this 
        chapter shall not be construed to require the 
        application of chapter 15 of title 5 to any 
        nonsupervisory employee of a public transportation 
        system (or any other agency or entity performing 
        related functions) to whom such chapter does not 
        otherwise apply.
  [(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 
Government motor vehicle safety requirements, subsection (j) of 
this section, and bid specifications requirements of grant 
recipients under this chapter. Under this subsection, 
independent inspections and review are required, and a 
manufacturer certification is not sufficient. Rolling stock 
procurements of 20 vehicles or fewer made for the purpose of 
serving rural areas and urbanized areas with populations of 
200,000 or fewer shall be subject to the same requirements as 
established for procurements of 10 or fewer buses under the 
post-delivery purchaser's requirements certification process 
under section 663.37(c) of title 49, Code of Federal 
Regulations.]
  (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.
  (n) Submission of Certifications.--A certification required 
under this chapter and any additional certification or 
assurance required by law or regulation to be submitted to the 
Secretary may be consolidated into a single document to be 
submitted annually as part of a grant application under this 
chapter. The Secretary shall publish annually a list of all 
certifications required under this chapter with the publication 
required under section 5336(d)(2).
  (o) Grant Requirements.--The grant requirements under 
sections 5307, 5309, and 5337 apply to any project under this 
chapter that receives any assistance or other financing under 
chapter 6 (other than section 609) of title 23.
  (p) Alternative Fueling Facilities.--A recipient of 
assistance under this chapter may allow the incidental use of 
federally funded alternative fueling facilities and equipment 
by nontransit public entities and private entities if--
          (1) the incidental use does not interfere with the 
        recipient's public transportation operations;
          (2) all costs related to the incidental use are fully 
        recaptured by the recipient from the nontransit public 
        entity or private entity;
          (3) the recipient uses revenues received from the 
        incidental use in excess of costs for planning, 
        capital, and operating expenses that are incurred in 
        providing public transportation; and
          (4) private entities pay all applicable excise taxes 
        on fuel.
  (q) Corridor Preservation.--
          (1) In general.--The Secretary may assist a recipient 
        in acquiring right-of-way before the completion of the 
        environmental reviews for any project that may use the 
        right-of-way if the acquisition is otherwise permitted 
        under Federal law.
          (2) Environmental reviews.--Right-of-way acquired 
        under this subsection may not be developed in 
        anticipation of the project until all required 
        environmental reviews for the project have been 
        completed.
  [(r) Reasonable Access to Public Transportation Facilities.--
A recipient of assistance under this chapter may not deny 
reasonable access for a private intercity or charter 
transportation operator to federally funded public 
transportation facilities, including intermodal facilities, 
park and ride lots, and bus-only highway lanes. In determining 
reasonable access, capacity requirements of the recipient of 
assistance and the extent to which access would be detrimental 
to existing public transportation services must be considered.]
  (r) Reasonable Access to Public Transportation Facilities.--
          (1) In general.--A recipient of assistance under this 
        chapter--
                  (A) may not deny reasonable access for a 
                private intercity or charter transportation 
                operator to federally funded public 
                transportation facilities, including intermodal 
                facilities, park and ride lots, and bus-only 
                highway lanes; and
                  (B) shall respond to any request for 
                reasonable access within 75 days of the receipt 
                of the request and, if a recipient of 
                assistance under this chapter denies access to 
                a private intercity or charter transportation 
                operator based on the reasonable access 
                standards, provide, in writing, the reasons for 
                the denial.
          (2) Determining reasonable access.--In determining 
        reasonable access under paragraph (1)(A), capacity 
        requirements of the recipient of assistance and the 
        extent to which access would be detrimental or 
        beneficial to existing public transportation services 
        must be considered and demographic makeup of the riders 
        of a private intercity or charter transportation 
        operator may not be cited as a detriment to the 
        provision of access.
          (3) Notification.--If a private intercity or charter 
        transportation operator requesting access under this 
        subsection is denied such access by a recipient of 
        assistance under this chapter or does not receive a 
        written response within 75 days of submitting the 
        request, such operator may notify the Secretary for 
        purposes of inclusion in the report under paragraph 
        (4).
          (4) Report to congress.--The Secretary shall annually 
        submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate a report listing each instance reported under 
        paragraph (3) in which--
                  (A) a private intercity or charter 
                transportation operator requested reasonable 
                access and was denied, and the reasons provided 
                by the recipient of assistance under this 
                chapter for the denial; and
                  (B) a recipient of assistance under this 
                chapter did not respond to a request for 
                reasonable access within 75 days.
  (s) Value Capture Revenue Eligible for Local Share.--
Notwithstanding any other provision of law, a recipient of 
assistance under this chapter may use the revenue generated 
from value capture financing mechanisms as local matching funds 
for capital projects and operating costs eligible under this 
chapter.
  (t) Special Condition on Charter Bus Transportation 
Service.--If, in a fiscal year, the Secretary is prohibited by 
law from enforcing regulations related to charter bus service 
under part 604 of title 49, Code of Federal Regulations, for 
any transit agency that during fiscal year 2008 was both 
initially granted a 60-day period to come into compliance with 
such part 604, and then was subsequently granted an exception 
from such part--
          (1) the transit agency shall be precluded from 
        receiving its allocation of urbanized area formula 
        grant funds for such fiscal year; and
          (2) any amounts withheld pursuant to paragraph (1) 
        shall be added to the amount that the Secretary may 
        apportion under section 5336 in the following fiscal 
        year.
  (u) Limitation on Certain Rolling Stock Procurements.--
          (1) In general.--Except as provided in paragraph (5), 
        financial assistance made available under this chapter 
        shall not be used in awarding a contract or subcontract 
        to an entity on or after the date of enactment of this 
        subsection for the procurement of rolling stock for use 
        in public transportation if the manufacturer of the 
        rolling stock--
                  (A) is incorporated in or has manufacturing 
                facilities in the United States; and
                  (B) is owned or controlled by, is a 
                subsidiary of, or is otherwise related legally 
                or financially to a corporation based in a 
                country that--
                          (i) 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;
                          (ii) was identified by the United 
                        States Trade Representative in the most 
                        recent report required by section 182 
                        of the Trade Act of 1974 (19 U.S.C. 
                        2242) as a foreign country included on 
                        the priority watch list defined in 
                        subsection (g)(3) of that section; and
                          (iii) is subject to monitoring by the 
                        Trade Representative under section 306 
                        of the Trade Act of 1974 (19 U.S.C. 
                        2416).
          (2) Exception.--For purposes of paragraph (1), the 
        term ``otherwise related legally or financially'' does 
        not include a minority relationship or investment.
          (3) International agreements.--This subsection shall 
        be applied in a manner consistent with the obligations 
        of the United States under international agreements.
          (4) Certification for [rail] rolling stock.--
                  (A) In general.--Except as provided in 
                paragraph (5), as a condition of financial 
                assistance made available in a fiscal year 
                under section 5337, a recipient that operates 
                rail fixed guideway service shall certify in 
                that fiscal year that the recipient will not 
                award any contract or subcontract for the 
                procurement of rail rolling stock for use in 
                public transportation with a rail rolling stock 
                manufacturer described in paragraph (1).
                  (B) Separate certification.--The 
                certification required under this paragraph 
                shall be in addition to any certification the 
                Secretary establishes to ensure compliance with 
                the requirements of paragraph (1).
                  (C) Nonrail rolling stock.--Notwithstanding 
                subparagraph (B) of paragraph (5), as a 
                condition of financial assistance made 
                available in a fiscal year under section 5339, 
                a recipient shall certify in that fiscal year 
                that the recipient will not award any contract 
                or subcontract for the procurement of rolling 
                stock for use in public transportation with a 
                rolling stock manufacturer described in 
                paragraph (1).
          (5) Special rules.--
                  (A) Parties to executed contracts.--This 
                subsection, including the certification 
                requirement under paragraph (4), shall not 
                apply to the award of any contract or 
                subcontract [made by a public transportation 
                agency with a rail rolling stock manufacturer 
                described in paragraph (1) if the manufacturer 
                and the public transportation agency have 
                executed a contract for rail rolling stock 
                before the date of enactment of this 
                subsection.] 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.
                  (B) Rolling stock.--Except as provided in 
                subparagraph (C) and for a contract or 
                subcontract that is not described in 
                subparagraph (A), this subsection, including 
                the certification requirement under paragraph 
                (4), shall not apply to the award of a contract 
                or subcontract made by a public transportation 
                agency with any rolling stock manufacturer for 
                the 2-year period beginning on or after the 
                date of enactment of this subsection.
                  (C) Exception.--Subparagraph (B) shall not 
                apply to the award of a contract or subcontract 
                made by the Washington Metropolitan Area 
                Transit Authority.
  (v) Cybersecurity Certification for Rail Rolling Stock and 
Operations.--
          (1) Certification.--As a condition of financial 
        assistance made available under this chapter, a 
        recipient that operates a rail fixed guideway public 
        transportation system shall certify that the recipient 
        has established a process to develop, maintain, and 
        execute a written plan for identifying and reducing 
        cybersecurity risks.
          (2) Compliance.--For the process required under 
        paragraph (1), a recipient of assistance under this 
        chapter shall--
                  (A) utilize the approach described by the 
                voluntary standards and best practices 
                developed under section 2(c)(15) of the 
                National Institute of Standards and Technology 
                Act (15 U.S.C. 272(c)(15)), as applicable;
                  (B) identify hardware and software that the 
                recipient determines should undergo third-party 
                testing and analysis to mitigate cybersecurity 
                risks, such as hardware or software for rail 
                rolling stock under proposed procurements; and
                  (C) utilize the approach described in any 
                voluntary standards and best practices for rail 
                fixed guideway public transportation systems 
                developed under the authority of the Secretary 
                of Homeland Security, as applicable.
          (3) Limitations on statutory construction.--Nothing 
        in this subsection shall be construed to interfere with 
        the authority of--
                  (A) the Secretary of Homeland Security to 
                publish or ensure compliance with requirements 
                or standards concerning cybersecurity for rail 
                fixed guideway public transportation systems; 
                or
                  (B) the Secretary of Transportation under 
                section 5329 to address cybersecurity issues as 
                those issues relate to the safety of rail fixed 
                guideway public transportation systems.
  (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.
  (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.
  (z) Spare Ratio Waiver.--The Federal Transit Administration 
shall waive spare ratio policies for rolling stock found in FTA 
Grant Management Requirements Circular 5010.1, FTA Circular 
9030.1 providing Urbanized Area Formula Program guidance, and 
other guidance documents for 2 years from the date of enactment 
of the INVEST in America Act.

Sec. 5324. Public transportation emergency relief program

  (a) Definition.--In this section the following definitions 
shall apply:
          (1) Eligible operating costs.--The term ``eligible 
        operating costs'' means costs relating to--
                  (A) evacuation services;
                  (B) rescue operations;
                  (C) temporary public transportation service; 
                or
                  (D) reestablishing, expanding, or relocating 
                public transportation route service before, 
                during, or after an emergency.
          (2) Emergency.--The term ``emergency'' means a 
        natural disaster affecting a wide area (such as a 
        flood, hurricane, tidal wave, earthquake, severe storm, 
        or landslide) or a catastrophic failure from any 
        external cause, as a result of which--
                  (A) the Governor of a State has declared an 
                emergency and the Secretary has concurred; or
                  (B) the President has declared a major 
                disaster under section 401 of the Robert T. 
                Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170).
  (b) General Authority.--The Secretary may make grants and 
enter into contracts and other agreements (including agreements 
with departments, agencies, and instrumentalities of the 
Government) for--
          (1) capital projects to protect, repair, reconstruct, 
        or replace equipment and facilities of a public 
        transportation system operating in the United States or 
        on an Indian reservation that the Secretary determines 
        is in danger of suffering serious damage, or has 
        suffered serious damage, as a result of an emergency; 
        and
          (2) eligible operating costs of public transportation 
        equipment and facilities in an area directly affected 
        by an emergency during--
                  (A) the 1-year period beginning on the date 
                of a declaration described in subsection 
                (a)(2); or
                  (B) if the Secretary determines there is a 
                compelling need, the 2-year period beginning on 
                the date of a declaration described in 
                subsection (a)(2).
  (c) Coordination of Emergency Funds.--
          (1) Use of funds.--Funds appropriated to carry out 
        this section shall be in addition to any other funds 
        available under this chapter.
          (2) No effect on other government activity.--The 
        provision of funds under this section shall not affect 
        the ability of any other agency of the Government, 
        including the Federal Emergency Management Agency, or a 
        State agency, a local governmental entity, 
        organization, or person, to provide any other funds 
        otherwise authorized by law.
          (3) Notification.--The Secretary shall notify the 
        Secretary of Homeland Security of the purpose and 
        amount of any grant made or contract or other agreement 
        entered into under this section.
  (d) Grant Requirements.--A grant awarded under this section 
or under section 5307 or 5311 that is made to address an 
emergency defined under subsection (a)(2) shall be--
          (1) subject to the terms and conditions the Secretary 
        determines are necessary; and
          (2) made only for expenses that are not reimbursed 
        under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.).
  (e) Government Share of Costs.--
          (1) Capital projects and operating assistance.--A 
        grant, contract, or other agreement for a capital 
        project or eligible operating costs under this section 
        shall be, at the option of the recipient, for not more 
        than 80 percent of the net project cost, as determined 
        by the Secretary.
          (2) Non-federal share.--The remainder of the net 
        project cost may be provided from an undistributed cash 
        surplus, a replacement or depreciation cash fund or 
        reserve, or new capital.
          (3) Waiver.--The Secretary may waive, in whole or 
        part, the non-Federal share required under--
                  (A) paragraph (2); or
                  (B) section 5307 or 5311, in the case of a 
                grant made available under section 5307 or 
                5311, respectively, to address an emergency.
  (f) Imposition of Deadline.--
          (1) In general.--Notwithstanding any other provision 
        of law, the Secretary may not require any project 
        funded pursuant to this section to advance to the 
        construction obligation stage before the date that is 
        the last day of the sixth fiscal year after the later 
        of--
                  (A) the date on which the Governor declared 
                the emergency, as described in subsection 
                (a)(2); or
                  (B) the date on which the President declared 
                a major disaster, as described in such 
                subsection.
          (2) Extension of deadline.--If the Secretary imposes 
        a deadline for advancement to the construction 
        obligation stage pursuant to paragraph (1), the 
        Secretary may, upon the request of the Governor of the 
        State, issue an extension of not more than 1 year to 
        complete such advancement, and may issue additional 
        extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has 
        provided suitable justification to warrant an 
        extension.

           *       *       *       *       *       *       *


Sec. 5327. Project management oversight

  (a) Project Management Plan Requirements.--To receive Federal 
financial assistance for a major capital project for public 
transportation under this chapter or any other provision of 
Federal law, a recipient must prepare a project management plan 
approved by the Secretary and carry out the project in 
accordance with the project management plan. The plan shall 
provide for--
          (1) adequate recipient staff organization with well-
        defined reporting relationships, statements of 
        functional responsibilities, job descriptions, and job 
        qualifications;
          (2) a budget covering the project management 
        organization, appropriate consultants, property 
        acquisition, utility relocation, systems demonstration 
        staff, audits, and miscellaneous payments the recipient 
        may be prepared to justify;
          (3) a construction schedule for the project;
          (4) a document control procedure and recordkeeping 
        system;
          (5) a change order procedure that includes a 
        documented, systematic approach to the handling of 
        construction change orders;
          (6) organizational structures, management skills, and 
        staffing levels required throughout the construction 
        phase;
          (7) quality control and quality assurance functions, 
        procedures, and responsibilities for construction, 
        system installation, and integration of system 
        components;
          (8) material testing policies and procedures;
          (9) internal plan implementation and reporting 
        requirements;
          (10) criteria and procedures to be used for testing 
        the operational system or its major components;
          (11) periodic updates of the plan, especially related 
        to project budget and project schedule, financing, 
        ridership estimates, and the status of local efforts to 
        enhance ridership where ridership estimates partly 
        depend on the success of those efforts;
          (12) the recipient's commitment to submit a project 
        budget and project schedule to the Secretary quarterly; 
        and
          (13) safety and security management.
  (b) Plan Approval.--(1) The Secretary shall approve a plan 
not later than 60 days after it is submitted. If the approval 
cannot be completed within 60 days, the Secretary shall notify 
the recipient, explain the reasons for the delay, and estimate 
the additional time that will be required.
  (2) The Secretary shall inform the recipient of the reasons 
when a plan is disapproved.
  (c) Access to Sites and Records.--Each recipient of Federal 
financial assistance for public transportation under this 
chapter or any other provision of Federal law shall provide the 
Secretary and a contractor the Secretary chooses under section 
[5338(f)] 5338(d) with access to the construction sites and 
records of the recipient when reasonably necessary.
  (d) Regulations.--The Secretary shall prescribe regulations 
necessary to carry out this section. The regulations shall 
include--
          (1) a definition of ``major capital project'' for 
        section [5338(f)] 5338(d) that excludes a project to 
        acquire rolling stock or to maintain or rehabilitate a 
        vehicle;
          (2) a requirement that oversight--
                  (A) begin during the project development 
                phase of a project, unless the Secretary finds 
                it more appropriate to begin the oversight 
                during another phase of the project, to 
                maximize the transportation benefits and cost 
                savings associated with project management 
                oversight; and
                  (B) be limited to quarterly reviews of 
                compliance by the recipient with the project 
                management plan approved under subsection (b) 
                unless the Secretary finds that the recipient 
                requires more frequent oversight because the 
                recipient has failed to meet the requirements 
                of such plan and the project may be at risk of 
                going over budget or becoming behind schedule; 
                and
          (3) a process for recipients that the Secretary has 
        found require more frequent oversight to return to 
        quarterly reviews for purposes of paragraph (2)(B).

Sec. 5328. Transit-supportive communities

  (a) Establishment.--The Secretary shall establish within the 
Federal Transit Administration, an Office of Transit-Supportive 
Communities to make grants, provide technical assistance, and 
assist in the coordination of transit and housing policies 
within the Federal Transit Administration, the Department of 
Transportation, and across the Federal Government.
  (b) Transit Oriented Development Planning Grant Program.--
          (1) Definition.--In this subsection the term 
        ``eligible project'' means--
                  (A) a new fixed guideway capital project or a 
                core capacity improvement project as defined in 
                section 5309;
                  (B) an existing fixed guideway system, or an 
                existing station that is served by a fixed 
                guideway system; or
                  (C) the immediate corridor along the highest 
                25 percent of routes by ridership as 
                demonstrated in section 5336(b)(2)(B).
          (2) General authority.--The Secretary may make grants 
        under this subsection to a State, local governmental 
        authority, or metropolitan planning organization to 
        assist in financing comprehensive planning associated 
        with an eligible project that seeks to--
                  (A) enhance economic development, ridership, 
                equity, reduction of greenhouse gas emissions, 
                or other goals established during the project 
                development and engineering processes or the 
                grant application;
                  (B) facilitate multimodal connectivity and 
                accessibility;
                  (C) increase access to transit hubs for 
                pedestrian and bicycle traffic;
                  (D) enable mixed-use development;
                  (E) identify infrastructure needs associated 
                with the eligible project; and
                  (F) include private sector participation.
          (3) Eligibility.--A State, local governmental 
        authority, or metropolitan planning organization that 
        desires to participate in the program under this 
        subsection shall submit to the Secretary an application 
        that contains at a minimum--
                  (A) an identification of an eligible project;
                  (B) a schedule and process for the 
                development of a comprehensive plan;
                  (C) a description of how the eligible project 
                and the proposed comprehensive plan advance the 
                metropolitan transportation plan of the 
                metropolitan planning organization;
                  (D) proposed performance criteria for the 
                development and implementation of the 
                comprehensive plan;
                  (E) a description of how the project will 
                advance equity and reduce and mitigate social 
                and economic impacts on existing residents and 
                businesses and communities historically 
                excluded from economic opportunities vulnerable 
                to displacement; and
                  (F) identification of--
                          (i) partners;
                          (ii) availability of and authority 
                        for funding; and
                          (iii) potential State, local or other 
                        impediments to the implementation of 
                        the comprehensive plan.
          (4) Cost share.--A grant under this subsection shall 
        not exceed an amount in excess of 80 percent of total 
        project costs, except that a grant that includes an 
        affordable housing component shall not exceed an amount 
        in excess of 90 percent of total project costs.
  (c) Technical Assistance.--The Secretary shall provide 
technical assistance to States, local governmental authorities, 
and metropolitan planning organizations in the planning and 
development of transit-oriented development projects and 
transit-supportive corridor policies, including--
          (1) the siting, planning, financing, and integration 
        of transit-oriented development projects;
          (2) the integration of transit-oriented development 
        and transit-supportive corridor policies in the 
        preparation for and development of an application for 
        funding under section 602 of title 23;
          (3) the siting, planning, financing, and integration 
        of transit-oriented development and transit-supportive 
        corridor policies associated with projects under 
        section 5309;
          (4) the development of housing feasibility 
        assessments as allowed under section 5309(g)(3)(B);
          (5) the development of transit-supportive corridor 
        policies that promote transit ridership and transit-
        oriented development;
          (6) the development, implementation, and management 
        of land value capture programs; and
          (7) the development of model contracts, model codes, 
        and best practices for the implementation of transit-
        oriented development projects and transit-supportive 
        corridor policies.
  (d) Value Capture Policy Requirements.--
          (1) Value capture policy.--Not later than October 1 
        of the fiscal year that begins 2 years after the date 
        of enactment of this section, the Secretary, in 
        collaboration with State departments of transportation, 
        metropolitan planning organizations, and regional 
        council of governments, shall establish voluntary and 
        consensus-based value capture standards, policies, and 
        best practices for State and local value capture 
        mechanisms that promote greater investments in public 
        transportation and affordable transit-oriented 
        development.
          (2) Report.--Not later than 15 months after the date 
        of enactment of this section, the Secretary shall make 
        available to the public a report cataloging examples of 
        State and local laws and policies that provide for 
        value capture and value sharing that promote greater 
        investment in public transportation and affordable 
        transit-oriented development.
  (e) Equity.--In providing technical assistance under 
subsection (c), the Secretary shall incorporate strategies to 
promote equity for underrepresented and underserved 
communities, including--
          (1) preventing displacement of existing residents and 
        businesses;
          (2) mitigating rent and housing price increases;
          (3) incorporating affordable rental and ownership 
        housing in transit-oriented development;
          (4) engaging under-served, limited English 
        proficiency, low-income, and minority communities in 
        the planning process;
          (5) fostering economic development opportunities for 
        existing residents and businesses; and
          (6) targeting affordable housing that help lessen 
        homelessness.
  (f) Authority To Request Staffing Assistance.--In fulfilling 
the duties of this section, the Secretary shall, as needed, 
request staffing and technical assistance from other Federal 
agencies, programs, administrations, boards, or commissions.
  (g) Review Existing Policies and Programs.--Not later than 24 
months after the date of enactment of this section, the 
Secretary shall review and evaluate all existing policies and 
programs within the Federal Transit Administration that support 
or promote transit-oriented development to ensure their 
coordination and effectiveness relative to the goals of this 
section.
  (h) Reporting.--Not later than February 1 of each year 
beginning the year after the date of enactment of this section, 
the Secretary shall prepare a report detailing the grants and 
technical assistance provided under this section, the number of 
affordable housing units constructed or planned as a result of 
projects funded in this section, and the number of affordable 
housing units constructed or planned as a result of a property 
transfer under section 5334(h)(1). The report shall be provided 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate.
  (i) Savings Clause.--Nothing in this section authorizes the 
Secretary to provide any financial assistance for the 
construction of housing.
  (j) Priority for Low-Income Areas.--In awarding grants under 
this section, the Secretary shall give priority to projects 
under this section that expand or build transit in low-income 
areas or that provide access to public transportation to low-
income areas that do not have access to public transportation.

Sec. 5329. Public transportation safety program

  (a) Definition.--In this section, the term ``recipient'' 
means a State or local governmental authority, or any other 
operator of a public transportation system, that receives 
financial assistance under this chapter.
  (b) National Public Transportation Safety Plan.--
          (1) In general.--The Secretary shall create and 
        implement a national public transportation safety plan 
        to improve the safety of all public transportation 
        systems that receive funding under this chapter.
          (2) Contents of plan.--The national public 
        transportation safety plan under paragraph (1) shall 
        include--
                  (A) safety performance criteria for all modes 
                of public transportation;
                  (B) the definition of the term ``state of 
                good repair'' established under section 
                5326(b);
                  (C) minimum safety performance standards for 
                public transportation vehicles used in revenue 
                operations that--
                          (i) do not apply to rolling stock 
                        otherwise regulated by the Secretary or 
                        any other Federal agency; and
                          (ii) to the extent practicable, take 
                        into consideration--
                                  (I) relevant recommendations 
                                of the National Transportation 
                                Safety Board; [and]
                                  (II) recommendations of, and 
                                best practices standards 
                                developed by, the public 
                                transportation industry[;]; and
                                  (III) innovations in driver 
                                assistance technologies and 
                                driver protection 
                                infrastructure where 
                                appropriate, and a reduction in 
                                visibility impairments that 
                                contribute to pedestrian 
                                fatalities;
                  (D) in consultation with the Secretary of the 
                Department of Health and Human Services, 
                precautionary and reactive actions required to 
                ensure public and personnel safety and health 
                during an emergency as defined in section 5324;
                  [(D)] (E) minimum safety standards to ensure 
                the safe operation of public transportation 
                systems that--
                          (i) are not related to performance 
                        standards for public transportation 
                        vehicles developed under subparagraph 
                        (C); and
                          (ii) to the extent practicable, take 
                        into consideration--
                                  (I) relevant recommendations 
                                of the National Transportation 
                                Safety Board;
                                  (II) best practices standards 
                                developed by the public 
                                transportation industry;
                                  (III) any minimum safety 
                                standards or performance 
                                criteria being implemented 
                                across the public 
                                transportation industry;
                                  (IV) relevant recommendations 
                                from the report under section 
                                3020 of the Federal Public 
                                Transportation Act of 2015; and
                                  (V) any additional 
                                information that the Secretary 
                                determines necessary and 
                                appropriate; and
                  [(E)] (F) a public transportation safety 
                certification training program, as described in 
                subsection (c).
  (c) Public Transportation Safety Certification Training 
Program.--
          (1) In general.--The Secretary shall establish a 
        public transportation safety certification training 
        program for Federal and State employees, or other 
        designated personnel, who conduct safety audits and 
        examinations of public transportation systems and 
        employees of public transportation agencies directly 
        responsible for safety oversight.
          (2) Interim provisions.--Not later than 90 days after 
        the date of enactment of the Federal Public 
        Transportation Act of 2012, the Secretary shall 
        establish interim provisions for the certification and 
        training of the personnel described in paragraph (1), 
        which shall be in effect until the effective date of 
        the final rule issued by the Secretary to implement 
        this subsection.
  (d) Public Transportation Agency Safety Plan.--
          (1) In general.--Effective 1 year after the effective 
        date of a final rule issued by the Secretary to carry 
        out this subsection, each recipient or State, as 
        described in paragraph (3), shall certify that the 
        recipient or State has established a comprehensive 
        agency safety plan that includes, at a minimum--
                  (A) a requirement that the safety committee 
                established under paragraph (4), and 
                subsequently, the board of directors (or 
                equivalent entity) of the recipient approve the 
                agency safety plan and any updates to the 
                agency safety plan;
                  (B) methods for identifying and evaluating 
                safety risks throughout all elements of the 
                public transportation system of the recipient;
                  (C) strategies to minimize the exposure of 
                the [public, personnel, and property] public 
                and personnel to injuries, assaults, 
                fatalities, and, consistent with guidelines by 
                the Centers for Disease Control and Prevention, 
                infectious diseases, and strategies to minimize 
                the exposure of property to hazards and unsafe 
                conditions;
                  (D) a process and timeline for conducting an 
                annual review and update of the safety plan of 
                the recipient;
                  (E) performance targets based on the safety 
                performance criteria and state of good repair 
                standards established under subparagraphs (A) 
                and (B), respectively, of subsection (b)(2);
                  (F) assignment of an adequately trained 
                safety officer who reports directly to the 
                general manager, president, or equivalent 
                officer of the recipient; [and]
                  [(G) a comprehensive staff training program 
                for the operations personnel and personnel 
                directly responsible for safety of the 
                recipient that includes--
                          [(i) the completion of a safety 
                        training program; and
                          [(ii) continuing safety education and 
                        training.]
                  (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.
          [(2) Interim agency safety plan.--A system safety 
        plan developed pursuant to part 659 of title 49, Code 
        of Federal Regulations, as in effect on the date of 
        enactment of the Federal Public Transportation Act of 
        2012, shall remain in effect until such time as this 
        subsection takes effect.]
          (2) Safety committee performance measures.--
                  (A) In general.--The safety committee 
                described in paragraph (4) shall establish 
                performance measures for the risk reduction 
                program in paragraph (1)(I) using a 3-year 
                rolling average of the data submitted by the 
                recipient to the National Transit Database.
                  (B) Safety set aside.--With respect to a 
                recipient serving an urbanized area that 
                receives funds under section 5307, such 
                recipient shall allocate not less than 0.75 
                percent of such funds to projects eligible 
                under section 5307.
                  (C) Failure to meet performance measures.--
                Any recipient that receives funds under section 
                5307 that does not meet the performance 
                measures established in subparagraph (A) shall 
                allocate the amount made available in 
                subparagraph (B) in the following fiscal year 
                to projects described in subparagraph (D).
                  (D) Eligible projects.--Funds set aside under 
                this paragraph shall be used for projects that 
                are reasonably likely to meet the performance 
                measures established in subparagraph (A), 
                including modifications to rolling stock and 
                de-escalation training.
          (3) Public transportation agency safety plan drafting 
        and certification.--
                  (A) Section 5311.--For a recipient receiving 
                assistance under section 5311, a State safety 
                plan may be drafted and certified by the 
                recipient or a State.
                  (B) Section 5307.--Not later than 120 days 
                after the date of enactment of the Federal 
                Public Transportation Act of 2012, the 
                Secretary shall issue a rule designating 
                recipients of assistance under section 5307 
                that are small public transportation providers 
                or systems that may have their State safety 
                plans drafted or certified by a State.
          (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.
  (e) State Safety Oversight Program.--
          (1) Applicability.--This subsection applies only to 
        eligible States.
          (2) Definition.--In this subsection, the term 
        ``eligible State'' means a State that has--
                  (A) a rail fixed guideway public 
                transportation system within the jurisdiction 
                of the State that is not subject to regulation 
                by the Federal Railroad Administration; or
                  (B) a rail fixed guideway public 
                transportation system in the engineering or 
                construction phase of development within the 
                jurisdiction of the State that will not be 
                subject to regulation by the Federal Railroad 
                Administration.
          (3) In general.--In order to obligate funds 
        apportioned under section 5338 to carry out this 
        chapter, effective 3 years after the date on which a 
        final rule under this subsection becomes effective, an 
        eligible State shall have in effect a State safety 
        oversight program approved by the Secretary under which 
        the State--
                  (A) assumes responsibility for overseeing 
                rail fixed guideway public transportation 
                safety;
                  (B) adopts and enforces Federal and relevant 
                State laws on rail fixed guideway public 
                transportation safety;
                  (C) establishes a State safety oversight 
                agency;
                  (D) determines, in consultation with the 
                Secretary, an appropriate staffing level for 
                the State safety oversight agency that is 
                commensurate with the number, size, and 
                complexity of the rail fixed guideway public 
                transportation systems in the eligible State;
                  (E) requires that employees and other 
                designated personnel of the eligible State 
                safety oversight agency who are responsible for 
                rail fixed guideway public transportation 
                safety oversight are qualified to perform such 
                functions through appropriate training, 
                including successful completion of the public 
                transportation safety certification training 
                program established under subsection (c); and
                  (F) prohibits any public transportation 
                agency from providing funds to the State safety 
                oversight agency or an entity designated by the 
                eligible State as the State safety oversight 
                agency under paragraph (4).
          (4) State safety oversight agency.--
                  (A) In general.--Each State safety oversight 
                program shall establish a State safety 
                oversight agency that--
                          (i) is financially and legally 
                        independent from any public 
                        transportation entity that the State 
                        safety oversight agency oversees;
                          (ii) does not directly provide public 
                        transportation services in an area with 
                        a rail fixed guideway public 
                        transportation system subject to the 
                        requirements of this section;
                          (iii) does not employ any individual 
                        who is also responsible for the 
                        administration of rail fixed guideway 
                        public transportation programs subject 
                        to the requirements of this section;
                          (iv) has the authority to review, 
                        approve, oversee, and enforce the 
                        implementation by the rail fixed 
                        guideway public transportation agency 
                        of the public transportation agency 
                        safety plan required under subsection 
                        (d);
                          (v) has investigative, inspection, 
                        and enforcement authority with respect 
                        to the safety of rail fixed guideway 
                        public transportation systems of the 
                        eligible State;
                          (vi) audits, at least once 
                        triennially, the compliance of the rail 
                        fixed guideway public transportation 
                        systems in the eligible State subject 
                        to this subsection with the public 
                        transportation agency safety plan 
                        required under subsection (d); and
                          (vii) provides, at least once 
                        annually, a status report on the safety 
                        of the rail fixed guideway public 
                        transportation systems the State safety 
                        oversight agency oversees to--
                                  (I) the Federal Transit 
                                Administration;
                                  (II) the Governor of the 
                                eligible State; and
                                  (III) the board of directors, 
                                or equivalent entity, of any 
                                rail fixed guideway public 
                                transportation system that the 
                                State safety oversight agency 
                                oversees.
                  (B) Waiver.--At the request of an eligible 
                State, the Secretary may waive clauses (i) and 
                (iii) of subparagraph (A) for eligible States 
                with 1 or more rail fixed guideway systems in 
                revenue operations, design, or construction, 
                that--
                          (i) have fewer than 1,000,000 
                        combined actual and projected rail 
                        fixed guideway revenue miles per year; 
                        or
                          (ii) provide fewer than 10,000,000 
                        combined actual and projected unlinked 
                        passenger trips per year.
          (5) Programs for multi-state rail fixed guideway 
        public transportation systems.--An eligible State that 
        has within the jurisdiction of the eligible State a 
        rail fixed guideway public transportation system that 
        operates in more than 1 eligible State shall--
                  (A) jointly with all other eligible States in 
                which the rail fixed guideway public 
                transportation system operates, ensure uniform 
                safety standards and enforcement procedures 
                that shall be in compliance with this section, 
                and establish and implement a State safety 
                oversight program approved by the Secretary; or
                  (B) jointly with all other eligible States in 
                which the rail fixed guideway public 
                transportation system operates, designate an 
                entity having characteristics consistent with 
                the characteristics described in paragraph (3) 
                to carry out the State safety oversight program 
                approved by the Secretary.
          (6) Grants.--
                  (A) In general.--The Secretary shall make 
                grants to eligible States to develop or carry 
                out State safety oversight programs under this 
                subsection. Grant funds may be used for program 
                operational and administrative expenses, 
                including employee training activities.
                  (B) Apportionment.--
                          (i) Formula.--The amount made 
                        available for State safety oversight 
                        under section 5336(h) shall be 
                        apportioned among eligible States under 
                        a formula to be established by the 
                        Secretary. Such formula shall take into 
                        account fixed guideway vehicle revenue 
                        miles, fixed guideway route miles, and 
                        fixed guideway vehicle passenger miles 
                        attributable to all rail fixed guideway 
                        systems not subject to regulation by 
                        the Federal Railroad Administration 
                        within each eligible State.
                          (ii) Administrative requirements.--
                        Grant funds apportioned to States under 
                        this paragraph shall be subject to 
                        uniform administrative requirements for 
                        grants and cooperative agreements to 
                        State and local governments under part 
                        18 of title 49, Code of Federal 
                        Regulations, and shall be subject to 
                        the requirements of this chapter as the 
                        Secretary determines appropriate.
                  (C) Government share.--
                          (i) In general.--The Government share 
                        of the reasonable cost of a State 
                        safety oversight program developed or 
                        carried out using a grant under this 
                        paragraph shall be 80 percent.
                          (ii) In-kind contributions.--Any 
                        calculation of the non-Government share 
                        of a State safety oversight program 
                        shall include in-kind contributions by 
                        an eligible State.
                          (iii) Non-government share.--The non-
                        Government share of the cost of a State 
                        safety oversight program developed or 
                        carried out using a grant under this 
                        paragraph may not be met by--
                                  (I) any Federal funds;
                                  (II) any funds received from 
                                a public transportation agency; 
                                or
                                  (III) any revenues earned by 
                                a public transportation agency.
                          (iv) Safety training program.--
                        Recipients of funds made available to 
                        carry out sections 5307 and 5311 may 
                        use not more than 0.5 percent of their 
                        formula funds to pay not more than 80 
                        percent of the cost of participation in 
                        the public transportation safety 
                        certification training program 
                        established under subsection (c), by an 
                        employee of a State safety oversight 
                        agency or a recipient who is directly 
                        responsible for safety oversight.
          (7) Certification process.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of the Federal Public 
                Transportation Act of 2012, the Secretary shall 
                determine whether or not each State safety 
                oversight program meets the requirements of 
                this subsection and the State safety oversight 
                program is adequate to promote the purposes of 
                this section.
                  (B) Issuance of certifications and denials.--
                The Secretary shall issue a certification to 
                each eligible State that the Secretary 
                determines under subparagraph (A) adequately 
                meets the requirements of this subsection, and 
                shall issue a denial of certification to each 
                eligible State that the Secretary determines 
                under subparagraph (A) does not adequately meet 
                the requirements of this subsection.
                  (C) Disapproval.--If the Secretary determines 
                that a State safety oversight program does not 
                meet the requirements of this subsection and 
                denies certification, the Secretary shall 
                transmit to the eligible State a written 
                explanation and allow the eligible State to 
                modify and resubmit the State safety oversight 
                program for approval.
                  (D) Failure to correct.--If the Secretary 
                determines that a modification by an eligible 
                State of the State safety oversight program is 
                not sufficient to certify the program, the 
                Secretary--
                          (i) shall notify the Governor of the 
                        eligible State of such denial of 
                        certification and failure to adequately 
                        modify the program, and shall request 
                        that the Governor take all possible 
                        actions to correct deficiencies in the 
                        program to ensure the certification of 
                        the program; and
                          (ii) may--
                                  (I) withhold funds available 
                                under paragraph (6) in an 
                                amount determined by the 
                                Secretary;
                                  (II) withhold not more than 5 
                                percent of the amount required 
                                to be appropriated for use in a 
                                State or urbanized area in the 
                                State under section 5307 of 
                                this title, until the State 
                                safety oversight program has 
                                been certified; or
                                  (III) require fixed guideway 
                                public transportation systems 
                                under such State safety 
                                oversight program to provide up 
                                to 100 percent of Federal 
                                assistance made available under 
                                this chapter only for safety-
                                related improvements on such 
                                systems, until the State safety 
                                oversight program has been 
                                certified.
          (8) Federal safety management.--
                  (A) In general.--If the Secretary determines 
                that a State safety oversight program is not 
                being carried out in accordance with this 
                section, has become inadequate to ensure the 
                enforcement of Federal safety regulation, or is 
                incapable of providing adequate safety 
                oversight consistent with the prevention of 
                substantial risk of death, or personal injury, 
                the Secretary shall administer the State safety 
                oversight program until the eligible State 
                develops a State safety oversight program 
                certified by the Secretary in accordance with 
                this subsection.
                  (B) Temporary federal oversight.--In making a 
                determination under subparagraph (A), the 
                Secretary shall--
                          (i) transmit to the eligible State 
                        and affected recipient or recipients, a 
                        written explanation of the 
                        determination or subsequent finding, 
                        including any intention to withhold 
                        funding under this section, the amount 
                        of funds proposed to be withheld, and 
                        if applicable, a formal notice of a 
                        withdrawal of State safety oversight 
                        program approval; and
                          (ii) require the State to submit a 
                        State safety oversight program or 
                        modification for certification by the 
                        Secretary that meets the requirements 
                        of this subsection.
                  (C) Failure to correct.--If the Secretary 
                determines in accordance with subparagraph (A), 
                that a State safety oversight program or 
                modification required pursuant to subparagraph 
                (B)(ii), submitted by a State is not 
                sufficient, the Secretary may--
                          (i) withhold funds available under 
                        paragraph (6) in an amount determined 
                        by the Secretary;
                          (ii) beginning 1 year after the date 
                        of the determination, withhold not more 
                        than 5 percent of the amount required 
                        to be appropriated for use in a State 
                        or an urbanized area in the State under 
                        section 5307, until the State safety 
                        oversight program or modification has 
                        been certified; and
                          (iii) use any other authorities 
                        authorized under this chapter 
                        considered necessary and appropriate.
                  (D) Administrative and oversight 
                activities.--To carry out administrative and 
                oversight activities authorized by this 
                paragraph, the Secretary may use grant funds 
                apportioned to an eligible State, under 
                paragraph (6), to develop or carry out a State 
                safety oversight program.
          (9) Evaluation of program and annual report.--The 
        Secretary shall continually evaluate the implementation 
        of a State safety oversight program by a State safety 
        oversight agency, and shall submit on or before July 1 
        of each year 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 on--
                  (A) the amount of funds apportioned to each 
                eligible State; and
                  (B) the certification status of each State 
                safety oversight program, including what steps 
                a State program that has been denied 
                certification must take in order to be 
                certified.
          (10) Federal oversight.--The Secretary shall--
                  (A) oversee the implementation of each State 
                safety oversight program under this subsection;
                  (B) audit the operations of each State safety 
                oversight agency at least once triennially; and
                  (C) issue rules to carry out this subsection.
  (f) Authority of Secretary.--In carrying out this section, 
the Secretary may--
          (1) conduct inspections, investigations, audits, 
        examinations, and testing of the equipment, facilities, 
        rolling stock, and operations of the public 
        transportation system of a recipient;
          (2) make reports and issue directives with respect to 
        the safety of the public transportation system of a 
        recipient or the public transportation industry 
        generally;
          (3) in conjunction with an accident investigation or 
        an investigation into a pattern or practice of conduct 
        that negatively affects public safety, issue a subpoena 
        to, and take the deposition of, any employee of a 
        recipient or a State safety oversight agency, if--
                  (A) before the issuance of the subpoena, the 
                Secretary requests a determination by the 
                Attorney General of the United States as to 
                whether the subpoena will interfere with an 
                ongoing criminal investigation; and
                  (B) the Attorney General--
                          (i) determines that the subpoena will 
                        not interfere with an ongoing criminal 
                        investigation; or
                          (ii) fails to make a determination 
                        under clause (i) before the date that 
                        is 30 days after the date on which the 
                        Secretary makes a request under 
                        subparagraph (A);
          (4) require the production of documents by, and 
        prescribe recordkeeping and reporting requirements for, 
        a recipient or a State safety oversight agency;
          (5) investigate public transportation accidents and 
        incidents and provide guidance to recipients regarding 
        prevention of accidents and incidents;
          (6) at reasonable times and in a reasonable manner, 
        enter and inspect equipment, facilities, rolling stock, 
        operations, and relevant records of the public 
        transportation system of a recipient; and
          (7) issue rules to carry out this section.
  (g) Enforcement Actions.--
          (1) Types of enforcement actions.--The Secretary may 
        take enforcement action against a recipient that does 
        not comply with Federal law with respect to the safety 
        of the public transportation system, including--
                  (A) issuing directives;
                  (B) requiring more frequent oversight of the 
                recipient by a State safety oversight agency or 
                the Secretary;
                  (C) imposing more frequent reporting 
                requirements;
                  (D) requiring that any Federal financial 
                assistance provided under this chapter be spent 
                on correcting safety deficiencies identified by 
                the Secretary or the State safety oversight 
                agency before such funds are spent on other 
                projects; and
                  (E) withholding not more than 25 percent of 
                financial assistance under section 5307.
          (2) Use or withholding of funds.--
                  (A) In general.--The Secretary may require 
                the use of funds or withhold funds in 
                accordance with paragraph (1)(D) or (1)(E) only 
                if the Secretary finds that a recipient is 
                engaged in a pattern or practice of serious 
                safety violations or has otherwise refused to 
                comply with Federal law relating to the safety 
                of the public transportation system.
                  (B) Notice.--Before withholding funds from a 
                recipient, the Secretary shall provide to the 
                recipient--
                          (i) written notice of a violation and 
                        the amount proposed to be withheld; and
                          (ii) a reasonable period of time 
                        within which the recipient may address 
                        the violation or propose and initiate 
                        an alternative means of compliance that 
                        the Secretary determines is acceptable.
  (h) Restrictions and Prohibitions.--
          (1) Restrictions and prohibitions.--The Secretary 
        shall issue restrictions and prohibitions by whatever 
        means are determined necessary and appropriate, without 
        regard to section 5334(c), if, through testing, 
        inspection, investigation, audit, or research carried 
        out under this chapter, the Secretary determines that 
        an unsafe condition or practice, or a combination of 
        unsafe conditions and practices, exist such that there 
        is a substantial risk of death or personal injury.
          (2) Notice.--The notice of restriction or prohibition 
        shall describe the condition or practice, the 
        subsequent risk and the standards and procedures 
        required to address the restriction or prohibition.
          (3) Continued authority.--Nothing in this subsection 
        shall be construed as limiting the Secretary's 
        authority to maintain a restriction or prohibition for 
        as long as is necessary to ensure that the risk has 
        been substantially addressed.
  (i) Consultation by the Secretary of Homeland Security.--The 
Secretary of Homeland Security shall consult with the Secretary 
of Transportation before the Secretary of Homeland Security 
issues a rule or order that the Secretary of Transportation 
determines affects the safety of public transportation design, 
construction, or operations.
  (j) Actions Under State Law.--
          (1) Rule of construction.--Nothing in this section 
        shall be construed to preempt an action under State law 
        seeking damages for personal injury, death, or property 
        damage alleging that a party has failed to comply 
        with--
                  (A) a Federal standard of care established by 
                a regulation or order issued by the Secretary 
                under this section; or
                  (B) its own program, rule, or standard that 
                it created pursuant to a rule or order issued 
                by the Secretary.
          (2) Effective date.--This subsection shall apply to 
        any cause of action under State law arising from an 
        event or activity occurring on or after the date of 
        enactment of the Federal Public Transportation Act of 
        2012.
          (3) Jurisdiction.--Nothing in this section shall be 
        construed to create a cause of action under Federal law 
        on behalf of an injured party or confer Federal 
        question jurisdiction for a State law cause of action.
  (k) National Public Transportation Safety Report.--Not later 
than 3 years after the date of enactment of the Federal Public 
Transportation Act of 2012, 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 that--
          (1) analyzes public transportation safety trends 
        among the States and documents the most effective 
        safety programs implemented using grants under this 
        section; and
          (2) describes the effect on public transportation 
        safety of activities carried out using grants under 
        this section.

           *       *       *       *       *       *       *


Sec. 5333. Labor standards

  (a) Prevailing Wages Requirement.--The Secretary of 
Transportation shall ensure that laborers and mechanics 
employed by contractors and subcontractors in construction work 
financed with a grant or loan under this chapter be paid wages 
not less than those prevailing on similar construction in the 
locality, as determined by the Secretary of Labor under 
sections 3141 through 3144, 3146, and 3147 of title 40. The 
Secretary of Transportation may approve a grant or loan only 
after being assured that required labor standards will be 
maintained on the construction work. For a labor standard under 
this subsection, the Secretary of Labor has the same duties and 
powers stated in Reorganization Plan No. 14 of 1950 (eff. May 
24, 1950, 64 Stat. 1267) and section 3145 of title 40.
  (b) Employee Protective Arrangements.--(1) As a condition of 
financial assistance under sections 5307-5312, 5316, 5318, 
5323(a)(1), 5323(b), 5323(d), [5328, 5337, and 5338(b)] and 
5337 of this title, the interests of employees affected by the 
assistance shall be protected under arrangements the Secretary 
of Labor concludes are fair and equitable. The agreement 
granting the assistance under sections 5307-5312, 5316, 5318, 
5323(a)(1), 5323(b), 5323(d), [5328, 5337, and 5338(b)] and 
5337 shall specify the arrangements.
  (2) Arrangements under this subsection shall include 
provisions that may be necessary for--
          (A) the preservation of rights, privileges, and 
        benefits (including continuation of pension rights and 
        benefits) under existing collective bargaining 
        agreements or otherwise;
          (B) the continuation of collective bargaining rights;
          (C) the protection of individual employees against a 
        worsening of their positions related to employment;
          (D) assurances of employment to employees of acquired 
        public transportation systems;
          (E) assurances of priority of reemployment of 
        employees whose employment is ended or who are laid 
        off; and
          (F) paid training or retraining programs.
  (3) Arrangements under this subsection shall provide benefits 
at least equal to benefits established under section 11326 of 
this title.
  (4) Fair and equitable arrangements to protect the interests 
of employees utilized by the Secretary of Labor for assistance 
to purchase like-kind equipment or facilities, and grant 
amendments which do not materially revise or amend existing 
assistance agreements, shall be certified without referral.
  (5) When the Secretary is called upon to issue fair and 
equitable determinations involving assurances of employment 
when one private transit bus service contractor replaces 
another through competitive bidding, such decisions shall be 
based on the principles set forth in the Department of Labor's 
decision of September 21, 1994, as clarified by the 
supplemental ruling of November 7, 1994, with respect to grant 
NV-90-X021. This paragraph shall not serve as a basis for 
objections under section 215.3(d) of title 29, Code of Federal 
Regulations.

Sec. 5334. Administrative provisions

  (a) General Authority.--In carrying out this chapter, the 
Secretary of Transportation may--
          (1) prescribe terms for a project that receives 
        Federal financial assistance under this chapter (except 
        terms the Secretary of Labor prescribes under section 
        5333(b) of this title);
          (2) sue and be sued;
          (3) foreclose on property or bring a civil action to 
        protect or enforce a right conferred on the Secretary 
        of Transportation by law or agreement;
          (4) buy property related to a loan under this 
        chapter;
          (5) agree to pay an annual amount in place of a State 
        or local tax on real property acquired or owned under 
        this chapter;
          (6) sell, exchange, or lease property, a security, or 
        an obligation;
          (7) obtain loss insurance for property and assets the 
        Secretary of Transportation holds;
          (8) consent to a modification in an agreement under 
        this chapter;
          (9) include in an agreement or instrument under this 
        chapter a covenant or term the Secretary of 
        Transportation considers necessary to carry out this 
        chapter;
          (10) collect fees to cover the costs of training or 
        conferences, including costs of promotional materials, 
        sponsored by the Federal Transit Administration to 
        promote public transportation and credit amounts 
        collected to the appropriation concerned; and
          (11) issue regulations as necessary to carry out the 
        purposes of this chapter.
  (b) Prohibitions Against Regulating Operations and Charges.--
          (1) In general.--Except for purposes of national 
        defense or in the event of a national or regional 
        emergency, or for purposes of establishing and 
        enforcing a program to improve the safety of public 
        transportation systems in the United States as 
        described in section 5329, the Secretary may not 
        regulate the operation, routes, or schedules of a 
        public transportation system for which a grant is made 
        under this chapter. The Secretary may not regulate the 
        rates, fares, tolls, rentals, or other charges 
        prescribed by any provider of public transportation.
          (2) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to prevent the 
        Secretary from requiring a recipient of funds under 
        this chapter to comply with the terms and conditions of 
        its Federal assistance agreement.
  (c) Procedures for Prescribing Regulations.--(1) The 
Secretary shall prepare an agenda listing all areas in which 
the Secretary intends to propose regulations governing 
activities under this chapter within the following 12 months. 
The Secretary shall publish the proposed agenda in the Federal 
Register as part of the Secretary's semiannual regulatory 
agenda that lists regulatory activities of the Federal Transit 
Administration. The Secretary shall submit the agenda to the 
Committee on Banking, Housing, and Urban Affairs and the 
Committee on Appropriations of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on 
Appropriations of the House of Representatives on the day the 
agenda is published.
  (2) Except for emergency regulations, the Secretary shall 
give interested parties at least 60 days to participate in a 
regulatory proceeding under this chapter by submitting written 
information, views, or arguments, with or without an oral 
presentation, except when the Secretary for good cause finds 
that public notice and comment are unnecessary because of the 
routine nature or insignificant impact of the regulation or 
that an emergency regulation should be issued. The Secretary 
may extend the 60-day period if the Secretary decides the 
period is insufficient to allow diligent individuals to prepare 
comments or that other circumstances justify an extension.
  (3) An emergency regulation ends 120 days after it is issued.
  (4) The Secretary shall comply with this subsection when 
proposing or carrying out a regulation governing an activity 
under this chapter, except for a routine matter or a matter 
with no significant impact.
  (d) Budget Program and Set of Accounts.--The Secretary 
shall--
          (1) submit each year a budget program as provided in 
        section 9103 of title 31; and
          (2) maintain a set of accounts for audit under 
        chapter 35 of title 31.
  (e) Depository and Availability of Amounts.--The Secretary 
shall deposit amounts made available to the Secretary under 
this chapter in a checking account in the Treasury. Receipts, 
assets, and amounts obtained or held by the Secretary to carry 
out this chapter are available for administrative expenses to 
carry out this chapter.
  (f) Binding Effect of Financial Transaction.--A financial 
transaction of the Secretary under this chapter and a related 
voucher are binding on all officers and employees of the United 
States Government.
  (g) Dealing With Acquired Property.--Notwithstanding another 
law related to the Government acquiring, using, or disposing of 
real property, the Secretary may deal with property acquired 
under paragraph (3) or (4) of subsection (a) in any way. 
However, this subsection does not--
          (1) deprive a State or political subdivision of a 
        State of jurisdiction of the property; or
          (2) impair the civil rights, under the laws of a 
        State or political subdivision of a State, of an 
        inhabitant of the property.
  (h) Transfer of Assets No Longer Needed.--[(1) 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 it was acquired, the 
Secretary may authorize the recipient to transfer the asset to 
a local governmental authority to be used for a public purpose 
with no further obligation to the Government. The Secretary may 
authorize a transfer for a public purpose other than public 
transportation only if the Secretary decides--
          [(A) the asset will remain in public use for at least 
        5 years after the date the asset is transferred;
          [(B) there is no purpose eligible for assistance 
        under this chapter for which the asset should be used;
          [(C) 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
          [(D) 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.]
          (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;
                                  (II) the overall benefit of 
                                allowing the transfer is 
                                greater than the interest of 
                                the Government in liquidation 
                                and return of the financial 
                                interest of the Government in 
                                the asset, after considering 
                                fair market value and other 
                                factors; and
                                  (III) the third party has 
                                demonstrated a satisfactory 
                                history of construction or 
                                operating an affordable housing 
                                development.
  (2) A decision under paragraph (1) must be in writing and 
include the reason for the decision.
  (3) This subsection is in addition to any other law related 
to using and disposing of a facility or equipment under an 
assistance agreement.
  (4) Proceeds from the sale of transit assets.--
          (A) In general.--When real property, equipment, or 
        supplies acquired with assistance under this chapter 
        are no longer needed for public transportation purposes 
        as determined under the applicable assistance 
        agreement, the Secretary may authorize the sale, 
        transfer, or lease of the assets under conditions 
        determined by the Secretary and subject to the 
        requirements of this subsection.
          (B) Use.--The net income from asset sales, uses, or 
        leases (including lease renewals) under this subsection 
        shall be used by the recipient to reduce the gross 
        project cost of other capital projects carried out 
        under this chapter.
          (C) Relationship to other authority.--The authority 
        of the Secretary under this subsection is in addition 
        to existing authorities controlling allocation or use 
        of recipient income otherwise permissible in law or 
        regulation in effect prior to the date of enactment of 
        this paragraph.
  (i) Transfer of Amounts and Non-Government Share.--(1) 
Amounts made available for a public transportation project 
under title 23 may be transferred to and administered by the 
Secretary under this chapter. Amounts made available for a 
highway project under this chapter shall be transferred to and 
administered by the Secretary under title 23.
  (2) The provisions of title 23 related to the non-Government 
share apply to amounts under title 23 used for public 
transportation projects. The provisions of this chapter related 
to the non-Government share apply to amounts under this chapter 
used for highway projects.
  (j) Notification of Pending Discretionary Grants.--Not less 
than 3 full business days before announcement of award by the 
Secretary of any discretionary grant, letter of intent, or full 
funding grant agreement totaling $1,000,000 or more, the 
Secretary shall notify the Committee on Banking, Housing, and 
Urban Affairs and the Committee on Appropriations of the Senate 
and the Committee on Transportation and Infrastructure and the 
Committee on Appropriations of the House of Representatives.
  (k) Agency Statements.--
          (1) In general.--The Administrator of the Federal 
        Transit Administration shall follow applicable 
        rulemaking procedures under section 553 of title 5 
        before the Federal Transit Administration issues a 
        statement that imposes a binding obligation on 
        recipients of Federal assistance under this chapter.
          (2) Binding obligation defined.--In this subsection, 
        the term ``binding obligation'' means a substantive 
        policy statement, rule, or guidance document issued by 
        the Federal Transit Administration that grants rights, 
        imposes obligations, produces significant effects on 
        private interests, or effects a significant change in 
        existing policy.
  (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.
  (m) Disposition of Rolling Stock to Meet Air Quality Goals.--
          (1) In general.--If a recipient, or subrecipient, for 
        assistance under this chapter disposes of rolling stock 
        with a current market value, or proceeds from the 
        disposition of such rolling stock, acquired under this 
        chapter at least in part with such assistance, before 
        such rolling stock has reached its useful life, the 
        Secretary may allow the recipient, or subrecipient, to 
        use the proceeds attributable to the Federal share of 
        such rolling stock calculated under paragraph (3) for 
        capital projects under section 5307, 5310, or 5311 
        without need for repayment of the Federal financial 
        interest.
          (2) Covered rolling stock.--This subsection shall 
        only apply to rolling stock disposed of--
                  (A) which are replaced by rolling stock that 
                will help improve attainment of air quality 
                goals compared to the rolling stock being 
                replaced; and
                  (B) for which the recipient is located in an 
                area that is designated as a nonattainment area 
                for particulate matter under section 107(d) of 
                the Clean Air Act (42 U.S.C. 7407(d)).
          (3) Calculation of federal share attributable.--The 
        proceeds attributable to the Federal share of rolling 
        stock described in paragraph (1) shall be calculated by 
        multiplying--
                  (A) the current market value of, or the 
                proceeds from the disposition of, such asset; 
                and
                  (B) the Federal share percentage for the 
                acquisition of such asset at the time of 
                acquisition of such asset.

Sec. 5335. National transit database

  (a) National Transit Database.--To help meet the needs of 
individual public transportation systems, the United States 
Government, State and local governments, and the public for 
information on which to base public transportation service 
planning, the Secretary shall maintain a reporting system, 
using uniform categories to accumulate public transportation 
financial, operating, and asset condition information and using 
a uniform system of accounts. The reporting and uniform systems 
shall contain appropriate information to help any level of 
government make a public sector investment decision, including 
information on transit routes and ridership on those routes. 
The Secretary may request and receive appropriate information 
from any source.
  (b) Reporting and Uniform Systems.--The Secretary may award a 
grant under section 5307 or 5311 only if the applicant, and any 
person that will receive benefits directly from the grant, are 
subject to the reporting and uniform systems.
  (c) Data Required to Be Reported.--The recipient of a grant 
under this chapter shall report to the Secretary, for inclusion 
in the National Transit Database, any information relating to a 
transit asset inventory or condition assessment conducted by 
the recipient, 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.

Sec. 5336. Apportionment of appropriations for formula grants

  (a) Based on Urbanized Area Population.--Of the amount 
apportioned under subsection (h)(5) to carry out section 5307--
          (1) 9.32 percent shall be apportioned each fiscal 
        year only in urbanized areas with a population of less 
        than 200,000 so that each of those areas is entitled to 
        receive an amount equal to--
                  (A) 50 percent of the total amount 
                apportioned multiplied by a ratio equal to the 
                population of the area divided by the total 
                population of all urbanized areas with 
                populations of less than 200,000 as shown in 
                the most recent decennial census; and
                  (B) 50 percent of the total amount 
                apportioned multiplied by a ratio for the area 
                based on population weighted by a factor, 
                established by the Secretary, of the number of 
                inhabitants in each square mile; and
          (2) 90.68 percent shall be apportioned each fiscal 
        year only in urbanized areas with populations of at 
        least 200,000 as provided in subsections (b) and (c) of 
        this section.
  (b) Based on Fixed Guideway Vehicle Revenue Miles, 
Directional Route Miles, and Passenger Miles.--(1) In this 
subsection, ``fixed guideway vehicle revenue miles'' and 
``fixed guideway directional route miles'' include passenger 
ferry operations directly or under contract by the designated 
recipient.
  (2) Of the amount apportioned under subsection (a)(2) of this 
section, 33.29 percent shall be apportioned as follows:
          (A) [95.61 percent] 95 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--
                  (i) 60 percent of the [95.61 percent] 95 
                percent apportioned under this subparagraph 
                multiplied by a ratio equal to the number of 
                fixed guideway vehicle revenue miles 
                attributable to the area, as established by the 
                Secretary, divided by the total number of all 
                fixed guideway vehicle revenue miles 
                attributable to all areas; and
                  (ii) 40 percent of the [95.61 percent] 95 
                percent apportioned under this subparagraph 
                multiplied by a ratio equal to the number of 
                fixed guideway directional route miles 
                attributable to the area, established by the 
                Secretary, divided by the total number of all 
                fixed guideway directional route miles 
                attributable to all areas.
An urbanized area with a population of at least 750,000 in 
which commuter rail transportation is provided shall receive at 
least .75 percent of the total amount apportioned under this 
subparagraph.
          (B) [4.39 percent] 5 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--
                  (i) the number of fixed guideway vehicle 
                passenger miles traveled in the highest 25 
                percent of routes by ridership multiplied by 
                the number of fixed guideway [vehicle passenger 
                miles traveled for each dollar of operating 
                cost in an area] vehicles operating in peak 
                revenue service per hour in the highest 25 
                percent of routes by ridership; divided by
                  (ii) the total number of fixed guideway 
                vehicle passenger miles traveled in the highest 
                25 percent of routes by ridership multiplied by 
                the total number of fixed guideway [vehicle 
                passenger miles traveled for each dollar of 
                operating cost in all areas] vehicles operating 
                in peak revenue service per hour in the highest 
                25 percent of routes by ridership.
An urbanized area with a population of at least 750,000 in 
which commuter rail transportation is provided shall receive at 
least .75 percent of the total amount apportioned under this 
subparagraph.
          (C) Under subparagraph (A) of this paragraph, fixed 
        guideway vehicle revenue or directional route miles, 
        and passengers served on those miles, in an urbanized 
        area with a population of less than 200,000, where the 
        miles and passengers served otherwise would be 
        attributable to an urbanized area with a population of 
        at least 1,000,000 in an adjacent State, are 
        attributable to the governmental authority in the State 
        in which the urbanized area with a population of less 
        than 200,000 is located. The authority is deemed an 
        urbanized area with a population of at least 200,000 if 
        the authority makes a contract for the service.
          (D) A recipient's apportionment under subparagraph 
        (A)(i) of this paragraph may not be reduced if the 
        recipient, after satisfying the Secretary that energy 
        or operating efficiencies would be achieved, reduces 
        vehicle revenue miles but provides the same frequency 
        of revenue service to the same number of riders.
          (E) For purposes of subparagraph (A) and section 
        5337(c)(3), the Secretary shall deem to be attributable 
        to an urbanized area not less than 27 percent of the 
        fixed guideway vehicle revenue miles or fixed guideway 
        directional route miles in the public transportation 
        system of a recipient that are located outside the 
        urbanized area for which the recipient receives funds, 
        in addition to the fixed guideway vehicle revenue miles 
        or fixed guideway directional route miles of the 
        recipient that are located inside the urbanized area.
          (3) Special rule.--For fiscal years 2023 and 2024, 
        the percentage--
                  (A) in paragraph (2)(A) in the matter 
                preceding clause (i) shall be treated as 100 
                percent; and
                  (B) in paragraph (2)(B) in the matter 
                preceding clause (i) shall be treated as 0 
                percent.
  (c) Based on Bus Vehicle Revenue Miles and Passenger Miles.--
Of the amount apportioned under subsection (a)(2) of this 
section, 66.71 percent shall be apportioned as follows:
          (1) [90.8 percent] 90 percent of the total amount 
        apportioned under this subsection shall be apportioned 
        as follows:
                  (A) 73.39 percent of the [90.8 percent] 90 
                percent apportioned under this paragraph shall 
                be apportioned so that each urbanized area with 
                a population of at least 1,000,000 is entitled 
                to receive an amount equal to--
                          (i) 50 percent of the 73.39 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio equal to the 
                        total bus vehicle revenue miles 
                        operated in or directly serving the 
                        urbanized area divided by the total bus 
                        vehicle revenue miles attributable to 
                        all areas;
                          (ii) 25 percent of the 73.39 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio equal to the 
                        population of the area divided by the 
                        total population of all areas, as shown 
                        in the most recent decennial census; 
                        and
                          (iii) 25 percent of the 73.39 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio for the area 
                        based on population weighted by a 
                        factor, established by the Secretary, 
                        of the number of inhabitants in each 
                        square mile.
                  (B) 26.61 percent of the [90.8 percent] 90 
                percent apportioned under this paragraph shall 
                be apportioned so that each urbanized area with 
                a population of at least 200,000 but not more 
                than 999,999 is entitled to receive an amount 
                equal to--
                          (i) 50 percent of the 26.61 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio equal to the 
                        total bus vehicle revenue miles 
                        operated in or directly serving the 
                        urbanized area divided by the total bus 
                        vehicle revenue miles attributable to 
                        all areas;
                          (ii) 25 percent of the 26.61 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio equal to the 
                        population of the area divided by the 
                        total population of all areas, as shown 
                        by the most recent decennial census; 
                        and
                          (iii) 25 percent of the 26.61 percent 
                        apportioned under this subparagraph 
                        multiplied by a ratio for the area 
                        based on population weighted by a 
                        factor, established by the Secretary, 
                        of the number of inhabitants in each 
                        square mile.
          (2) [9.2 percent] 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] 500,000 is entitled to receive an 
        amount equal to--
                  [(A) the number of bus passenger miles 
                traveled multiplied by the number of bus 
                passenger miles traveled for each dollar of 
                operating cost in an area; divided by
                  [(B) the total number of bus passenger miles 
                traveled multiplied by the total number of bus 
                passenger miles traveled for each dollar of 
                operating cost in all areas.]
                  (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
                  (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.
          (3) Two percent of the total amount apportioned under 
        this subsection shall be apportioned so that each 
        urbanized area with a population of at least 200,000 
        and less than 500,000 is entitled to receive an amount 
        using the formula in paragraph (1).
          (4) For fiscal years 2023 and 2024, the percentage--
                  (A) in paragraph (1) in the matter preceding 
                subparagraph (A) shall be treated as 100 
                percent;
                  (B) in paragraph (2) in the matter preceding 
                subparagraph (A) shall be treated as 0 percent; 
                and
                  (C) in paragraph (3) shall be treated as 0 
                percent.
  (d) Date of Apportionment.--The Secretary shall--
          (1) apportion amounts appropriated under section 
        [5338(a)(2)(C)] 5338(a)(2)(B) of this title to carry 
        out section 5307 of this title not later than the 10th 
        day after the date the amounts are appropriated or 
        October 1 of the fiscal year for which the amounts are 
        appropriated, whichever is later; [and]
          (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
          [(2)] (3) publish apportionments of the amounts, 
        including amounts attributable to each urbanized area 
        with a population of more than 50,000 and amounts 
        attributable to each State of a multistate urbanized 
        area, on the apportionment date.
  (e) Amounts Not Apportioned to Designated Recipients.--The 
Governor of a State may expend in an urbanized area with a 
population of less than 200,000 an amount apportioned under 
this section that is not apportioned to a designated recipient, 
as defined in section 5302(4).
  (f) Transfers of Apportionments.--(1) The Governor of a State 
may transfer any part of the State's apportionment under 
subsection (a)(1) of this section to supplement amounts 
apportioned to the State under section 5311(c)(3). The Governor 
may make a transfer only after consulting with responsible 
local officials and publicly owned operators of public 
transportation in each area for which the amount originally was 
apportioned under this section.
  (2) The Governor of a State may transfer any part of the 
State's apportionment under section 5311(c)(3) to supplement 
amounts apportioned to the State under subsection (a)(1) of 
this section.
  (3) The Governor of a State may use throughout the State 
amounts of a State's apportionment remaining available for 
obligation at the beginning of the 90-day period before the 
period of the availability of the amounts expires.
  (4) A designated recipient for an urbanized area with a 
population of at least 200,000 may transfer a part of its 
apportionment under this section to the Governor of a State. 
The Governor shall distribute the transferred amounts to 
urbanized areas under this section.
  (5) Capital and operating assistance limitations applicable 
to the original apportionment apply to amounts transferred 
under this subsection.
  (g) Period of Availability to Recipients.--An amount 
apportioned under this section may be obligated by the 
recipient for 5 years after the fiscal year in which the amount 
is apportioned. Not later than 30 days after the end of the 5-
year period, an amount that is not obligated at the end of that 
period shall be added to the amount that may be apportioned 
under this section in the next fiscal year.
  (h) Apportionments.--Of the amounts made available for each 
fiscal year under section [5338(a)(2)(C)] 5338(a)(2)(B)--
          [(1) $30,000,000 shall be set aside each fiscal year 
        to carry out section 5307(h);]
          (1) to carry out section 5307(h)--
                  (A) $60,906,000 shall be set aside in fiscal 
                year 2023;
                  (B) $61,856,134 shall be set aside in fiscal 
                year 2024;
                  (C) $62,845,832 shall be set aside in fiscal 
                year 2025; and
                  (D) $63,832,511 shall be set aside in fiscal 
                year 2026;
          (2) [3.07 percent] 6 percent shall be apportioned to 
        urbanized areas in accordance with subsection (j);
          [(3) of amounts not apportioned under paragraphs (1) 
        and (2)--
                  [(A) for fiscal years 2016 through 2018, 1.5 
                percent shall be apportioned to urbanized areas 
                with populations of less than 200,000 in 
                accordance with subsection (i); and
                  [(B) for fiscal years 2019 and 2020, 2 
                percent shall be apportioned to urbanized areas 
                with populations of less than 200,000 in 
                accordance with subsection (i);]
          (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);
          (4) 0.5 percent shall be apportioned to eligible 
        States for State safety oversight program grants in 
        accordance with section 5329(e)(6); and
          (5) any amount not apportioned under paragraphs (1), 
        (2), (3), and (4) shall be apportioned to urbanized 
        areas in accordance with subsections (a) through (c).
  (i) Small Transit Intensive Cities Formula.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Eligible area.--The term ``eligible 
                area'' means an urbanized area with a 
                population of less than 200,000 that meets or 
                exceeds in one or more performance categories 
                the industry average for all urbanized areas 
                with a population of at least 200,000 but not 
                more than 999,999, as determined by the 
                Secretary in accordance with subsection (c)(2).
                  (B) Performance category.--The term 
                ``performance category'' means each of the 
                following:
                          (i) Passenger miles traveled per 
                        vehicle revenue mile.
                          (ii) Passenger miles traveled per 
                        vehicle revenue hour.
                          (iii) Vehicle revenue miles per 
                        capita.
                          (iv) Vehicle revenue hours per 
                        capita.
                          (v) Passenger miles traveled per 
                        capita.
                          (vi) Passengers per capita.
          (2) Apportionment.--
                  (A) Apportionment formula.--The amount to be 
                apportioned under subsection (h)(3) shall be 
                apportioned among eligible areas in the ratio 
                that--
                          (i) the number of performance 
                        categories for which each eligible area 
                        meets or exceeds the industry average 
                        in urbanized areas with a population of 
                        at least 200,000 but not more than 
                        999,999; bears to
                          (ii) the aggregate number of 
                        performance categories for which all 
                        eligible areas meet or exceed the 
                        industry average in urbanized areas 
                        with a population of at least 200,000 
                        but not more than 999,999.
                  (B) Data used in formula.--The Secretary 
                shall calculate apportionments under this 
                subsection for a fiscal year using data from 
                the national transit database used to calculate 
                apportionments for that fiscal year under this 
                section.
          (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.
  (j) Apportionment Formula.--The amounts apportioned under 
subsection (h)(2) shall be apportioned among urbanized areas as 
follows:
          (1) [75 percent] 50 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 eligible low-income 
                individuals in each such urbanized area; bears 
                to
                  (B) the number of eligible low-income 
                individuals in all such urbanized areas.
          (2) [25 percent] 12.5 percent of the funds shall be 
        apportioned among designated recipients for urbanized 
        areas with a population of less than 200,000 in the 
        ratio that--
                  (A) the number of eligible low-income 
                individuals in each such urbanized area; bears 
                to
                  (B) the number of eligible low-income 
                individuals in all such urbanized areas.
          (3) 30 percent of the funds shall be apportioned 
        among designated recipients for urbanized areas with a 
        population of 200,000 or more in the ratio that--
                  (A) the number of individuals in each such 
                urbanized area residing in an urban census 
                tract with a poverty rate of at least 20 
                percent during the 5 years most recently 
                ending; bears to
                  (B) the number of individuals in all such 
                urbanized areas residing in an urban census 
                tract with a poverty rate of at least 20 
                percent during the 5 years most recently 
                ending.
          (4) 7.5 percent of the funds shall be apportioned 
        among designated recipients for urbanized areas with a 
        population less than 200,000 in the ratio that--
                  (A) the number of individuals in each such 
                urbanized area residing in an urban census 
                tract with a poverty rate of at least 20 
                percent during the 5 years most recently 
                ending; bears to
                  (B) the number of individuals in all such 
                areas residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 
                5 years most recently ending.
  (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. 5337. State of good repair grants

  (a) Definitions.--In this section, the following definitions 
shall apply:
          (1) Fixed guideway.--The term ``fixed guideway'' 
        means a public transportation facility--
                  (A) using and occupying a separate right-of-
                way for the exclusive use of public 
                transportation;
                  (B) using rail;
                  (C) using a fixed catenary system;
                  (D) for a passenger ferry system; or
                  (E) for a bus rapid transit system.
          (2) State.--The term ``State'' means the 50 States, 
        the District of Columbia, and Puerto Rico.
          (3) State of good repair.--The term ``state of good 
        repair'' has the meaning given that term by the 
        Secretary, by rule, under section 5326(b).
          (4) Transit asset management plan.--The term 
        ``transit asset management plan'' means a plan 
        developed by a recipient of funding under this chapter 
        that--
                  (A) includes, at a minimum, capital asset 
                inventories and condition assessments, decision 
                support tools, and investment prioritization; 
                and
                  (B) the recipient certifies that the 
                recipient complies with the rule issued under 
                section 5326(d).
  (b) General Authority.--
          (1) Eligible projects.--The Secretary may make grants 
        under this section to assist State and local 
        governmental authorities in financing capital projects 
        to maintain public transportation systems in a state of 
        good repair, including projects to replace and 
        rehabilitate--
                  (A) rolling stock;
                  (B) track;
                  (C) line equipment and structures;
                  (D) signals and communications;
                  (E) power equipment and substations;
                  (F) passenger stations and terminals;
                  (G) security equipment and systems;
                  (H) maintenance facilities and equipment;
                  (I) operational support equipment, including 
                computer hardware and software;
                  (J) development and implementation of a 
                transit asset management plan; and
                  (K) other replacement and rehabilitation 
                projects the Secretary determines appropriate.
          (2) Inclusion in plan.--A recipient shall include a 
        project carried out under paragraph (1) in the transit 
        asset management plan of the recipient upon completion 
        of the plan.
  (c) High Intensity Fixed Guideway State of Good Repair 
Formula.--
          (1) In general.--Of the amount authorized or made 
        available under section 5338(a)(2)(K), 97.15 percent 
        shall be apportioned to recipients in accordance with 
        this subsection.
          (2) Area share.--
                  (A) In general.--50 percent of the amount 
                described in paragraph (1) shall be apportioned 
                for fixed guideway systems in accordance with 
                this paragraph.
                  (B) Share.--A recipient shall receive an 
                amount equal to the amount described in 
                subparagraph (A), multiplied by the amount the 
                recipient would have received under this 
                section, as in effect for fiscal year 2011, if 
                the amount had been calculated in accordance 
                with the provisions of section 5336(b)(1) and 
                using the definition of the term ``fixed 
                guideway'' under subsection (a) of this 
                section, as such sections are in effect on the 
                day after the date of enactment of the Federal 
                Public Transportation Act of 2012, and divided 
                by the total amount apportioned for all areas 
                under this section for fiscal year 2011.
                  (C) Recipient.--For purposes of this 
                paragraph, the term ``recipient'' means an 
                entity that received funding under this 
                section, as in effect for fiscal year 2011.
          (3) Vehicle revenue miles and directional route 
        miles.--
                  (A) In general.--50 percent of the amount 
                described in paragraph (1) shall be apportioned 
                to recipients in accordance with this 
                paragraph.
                  (B) Vehicle revenue miles.--A recipient in an 
                urbanized area shall receive an amount equal to 
                60 percent of the amount described in 
                subparagraph (A), multiplied by the number of 
                fixed guideway vehicle revenue miles 
                attributable to the urbanized area, as 
                established by the Secretary, divided by the 
                total number of all fixed guideway vehicle 
                revenue miles attributable to all urbanized 
                areas.
                  (C) Directional route miles.--A recipient in 
                an urbanized area shall receive an amount equal 
                to 40 percent of the amount described in 
                subparagraph (A), multiplied by the number of 
                fixed guideway directional route miles 
                attributable to the urbanized area, as 
                established by the Secretary, divided by the 
                total number of all fixed guideway directional 
                route miles attributable to all urbanized 
                areas.
          (4) Limitation.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the share of the total amount 
                apportioned under this subsection that is 
                apportioned to an area under this subsection 
                shall not decrease by more than 0.25 percentage 
                points compared to the share apportioned to the 
                area under this subsection in the previous 
                fiscal year.
                  (B) Special rule for fiscal year 2013.--In 
                fiscal year 2013, the share of the total amount 
                apportioned under this subsection that is 
                apportioned to an area under this subsection 
                shall not decrease by more than 0.25 percentage 
                points compared to the share that would have 
                been apportioned to the area under this 
                section, as in effect for fiscal year 2011, if 
                the share had been calculated using the 
                definition of the term ``fixed guideway'' under 
                subsection (a) of this section, as in effect on 
                the day after the date of enactment of the 
                Federal Public Transportation Act of 2012.
          (5) Use of funds.--Amounts made available under this 
        subsection shall be available for the exclusive use of 
        fixed guideway projects.
          (6) Receiving apportionment.--
                  (A) In general.--Except as provided in 
                subparagraph (B), for an area with a fixed 
                guideway system, the amounts provided under 
                this subsection shall be apportioned to the 
                designated recipient for the urbanized area in 
                which the system operates.
                  (B) Exception.--An area described in the 
                amendment made by section 3028(a) of the 
                Transportation Equity Act for the 21st Century 
                (Public Law 105-178; 112 Stat. 366) shall 
                receive an individual apportionment under this 
                subsection.
          (7) Apportionment requirements.--For purposes of 
        determining the number of fixed guideway vehicle 
        revenue miles or fixed guideway directional route miles 
        attributable to an urbanized area for a fiscal year 
        under this subsection, only segments of fixed guideway 
        systems placed in revenue service not later than 7 
        years before the first day of the fiscal year shall be 
        deemed to be attributable to an urbanized area.
  (d) High Intensity Motorbus State of Good Repair.--
          (1) Definition.--For purposes of this subsection, the 
        term ``high intensity motorbus'' means public 
        transportation that is provided on a facility with 
        access for other high-occupancy vehicles.
          (2) Apportionment.--Of the amount authorized or made 
        available under section 5338(a)(2)(K), 2.85 percent 
        shall be apportioned to urbanized areas for high 
        intensity motorbus vehicle state of good repair in 
        accordance with this subsection.
          (3) Vehicle revenue miles and directional route 
        miles.--
                  (A) In general.--The amount described in 
                paragraph (2) shall be apportioned to each area 
                in accordance with this paragraph.
                  (B) Vehicle revenue miles.--Each area shall 
                receive an amount equal to 60 percent of the 
                amount described in subparagraph (A), 
                multiplied by the number of high intensity 
                motorbus vehicle revenue miles attributable to 
                the area, as established by the Secretary, 
                divided by the total number of all high 
                intensity motorbus vehicle revenue miles 
                attributable to all areas.
                  (C) Directional route miles.--Each area shall 
                receive an amount equal to 40 percent of the 
                amount described in subparagraph (A), 
                multiplied by the number of high intensity 
                motorbus directional route miles attributable 
                to the area, as established by the Secretary, 
                divided by the total number of all high 
                intensity motorbus directional route miles 
                attributable to all areas.
          (4) Apportionment requirements.--For purposes of 
        determining the number of high intensity motorbus 
        vehicle revenue miles or high intensity motorbus 
        directional route miles attributable to an urbanized 
        area for a fiscal year under this subsection, only 
        segments of high intensity motorbus systems placed in 
        revenue service not later than 7 years before the first 
        day of the fiscal year shall be deemed to be 
        attributable to an urbanized area.
          (5) Use of funds.--Amounts apportioned under this 
        subsection may be used for any project that is an 
        eligible project under subsection (b)(1).
  (e) Government Share of Costs.--
          (1) Capital projects.--A grant for a capital project 
        under this section shall be for 80 percent of the net 
        project cost of the project. The recipient may provide 
        additional local matching amounts.
          (2) Remaining costs.--The remainder of the net 
        project cost shall be provided--
                  (A) in cash from non-Government sources;
                  (B) from revenues derived from the sale of 
                advertising and concessions; or
                  (C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or 
                reserve, or new capital.
          (3) Accessibility costs.--Notwithstanding paragraph 
        (1), the Federal share of the net project cost of a 
        project to provide accessibility improvements 
        consistent with standards in compliance with the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.) shall be 90 percent.

[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, 5310, 5311, 5312, 5314, 5318, 
        5335, 5337, 5339, and 5340, section 20005(b) of the 
        Federal Public Transportation Act of 2012, and sections 
        3006(b) of the Federal Public Transportation Act of 
        2015--
                  [(A) $9,347,604,639 for fiscal year 2016;
                  [(B) $9,534,706,043 for fiscal year 2017;
                  [(C) $9,733,353,407 for fiscal year 2018;
                  [(D) $9,939,380,030 for fiscal year 2019; and
                  [(E) $10,150,348,462 for fiscal year 2020.
          [(2) Allocation of funds.--Of the amounts made 
        available under paragraph (1)--
                  [(A) $130,732,000 for fiscal year 2016, 
                $133,398,933 for fiscal year 2017, $136,200,310 
                for fiscal year 2018, $139,087,757 for fiscal 
                year 2019, and $142,036,417 for fiscal year 
                2020, shall be available to carry out section 
                5305;
                  [(B) $10,000,000 for each of fiscal years 
                2016 through 2020 shall be available to carry 
                out section 20005(b) of the Federal Public 
                Transportation Act of 2012;
                  [(C) $4,538,905,700 for fiscal year 2016, 
                $4,629,683,814 for fiscal year 2017, 
                $4,726,907,174 for fiscal year 2018, 
                $4,827,117,606 for fiscal year 2019, and 
                $4,929,452,499 for fiscal year 2020 shall be 
                allocated in accordance with section 5336 to 
                provide financial assistance for urbanized 
                areas under section 5307;
                  [(D) $262,949,400 for fiscal year 2016, 
                $268,208,388 for fiscal year 2017, $273,840,764 
                for fiscal year 2018, $279,646,188 for fiscal 
                year 2019, and $285,574,688 for fiscal year 
                2020 shall be available to provide financial 
                assistance for services for the enhanced 
                mobility of seniors and individuals with 
                disabilities under section 5310;
                  [(E) $2,000,000 for fiscal year 2016, 
                $3,000,000 for fiscal year 2017, $3,250,000 for 
                fiscal year 2018, $3,500,000 for fiscal year 
                2019 and $3,500,000 for fiscal year 2020 shall 
                be available for the pilot program for 
                innovative coordinated access and mobility 
                under section 3006(b) of the Federal Public 
                Transportation Act of 2015;
                  [(F) $619,956,000 for fiscal year 2016, 
                $632,355,120 for fiscal year 2017, $645,634,578 
                for fiscal year 2018, $659,322,031 for fiscal 
                year 2019, and $673,299,658 for fiscal year 
                2020 shall be available to provide financial 
                assistance for rural areas under section 5311, 
                of which not less than--
                          [(i) $35,000,000 for each of fiscal 
                        years 2016 through 2020 shall be 
                        available to carry out section 
                        5311(c)(1); and
                          [(ii) $20,000,000 for each of fiscal 
                        years 2016 through 2020 shall be 
                        available to carry out section 
                        5311(c)(2);
                  [(G) $28,000,000 for each of fiscal years 
                2016 through 2020 shall be available to carry 
                out section 5312, of which--
                          [(i) $3,000,000 for each of fiscal 
                        years 2016 through 2020 shall be 
                        available to carry out section 5312(h); 
                        and
                          [(ii) $5,000,000 for each of fiscal 
                        years 2016 through 2020 shall be 
                        available to carry out section 5312(i);
                  [(H) $9,000,000 for each of fiscal years 2016 
                through 2020 shall be available to carry out 
                section 5314; of which $5,000,000 shall be 
                available for the national transit institute 
                under section 5314(c);
                  [(I) $3,000,000 for each of fiscal years 2016 
                through 2020 shall be available for bus testing 
                under section 5318;
                  [(J) $4,000,000 for each of fiscal years 2016 
                through 2020 shall be available to carry out 
                section 5335;
                  [(K) $2,507,000,000 for fiscal year 2016, 
                $2,549,670,000 for fiscal year 2017, 
                $2,593,703,558 for fiscal year 2018, 
                $2,638,366,859 for fiscal year 2019, and 
                $2,683,798,369 for fiscal year 2020 shall be 
                available to carry out section 5337;
                  [(L) $427,800,000 for fiscal year 2016, 
                $436,356,000 for fiscal year 2017, $445,519,476 
                for fiscal year 2018, $454,964,489 for fiscal 
                year 2019, and $464,609,736 for fiscal year 
                2020 shall be available for the bus and buses 
                facilities program under section 5339(a);
                  [(M) $268,000,000 for fiscal year 2016, 
                $283,600,000 for fiscal year 2017, $301,514,000 
                for fiscal year 2018, $322,059,980 for fiscal 
                year 2019, and $344,044,179 for fiscal year 
                2020 shall be available for buses and bus 
                facilities competitive grants under section 
                5339(b) and no or low emission grants under 
                section 5339(c), of which $55,000,000 for each 
                of fiscal years 2016 through 2020 shall be 
                available to carry out section 5339(c); and
                  [(N) $536,261,539 for fiscal year 2016, 
                $544,433,788 for fiscal year 2017, $552,783,547 
                for fiscal year 2018, $561,315,120 for fiscal 
                year 2019 and $570,032,917 for fiscal year 
                2020, to carry out section 5340 to provide 
                financial assistance for urbanized areas under 
                section 5307 and rural areas under section 
                5311, of which--
                          [(i) $272,297,083 for fiscal year 
                        2016, $279,129,510 for fiscal year 
                        2017, $286,132,747 for fiscal year 
                        2018, $293,311,066 for fiscal year 
                        2019, $300,668,843 for fiscal year 2020 
                        shall be for growing States under 
                        section 5340(c); and
                          [(ii) $263,964,457 for fiscal year 
                        2016, $265,304,279 for fiscal year 
                        2017, $266,650,800 for fiscal year 
                        2018, $268,004,054 for fiscal year 
                        2019, $269,364,074 for fiscal year 2020 
                        shall be for high density States under 
                        section 5340(d).
  [(b) Research, Development, Demonstration, and Deployment 
Program.--There are authorized to be appropriated to carry out 
section 5312, other than subsections (h) and (i) of that 
section, $20,000,000 for each of fiscal years 2016 through 
2020.
  [(c) Technical Assistance and Training.--There are authorized 
to be appropriated to carry out section 5314, $5,000,000 for 
each of fiscal years 2016 through 2020.
  [(d) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309 of this title and 
section 3005(b) of the Federal Public Transportation Act of 
2015, $2,301,785,760 for each of fiscal years 2016 through 
2020.
  [(e) Administration.--
          [(1) In general.--There are authorized to be 
        appropriated to carry out section 5334, $115,016,543 
        for each of fiscal years 2016 through 2020.
          [(2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than 
        $5,000,000 for each of fiscal years 2016 through 2020 
        shall be available to carry out section 5329.
          [(3) Section 5326.--Of the amounts made available 
        under paragraph (2), not less than $2,000,000 for each 
        of fiscal years 2016 through 2020 shall be available to 
        carry out section 5326.
  [(f) 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 
                0.25 percent of amounts made available for this 
                subparagraph shall be available to carry out 
                section 5329.
                  [(H) 0.75 percent of amounts made available 
                to carry out section 5339.
          [(2) Activities.--The activities described in this 
        paragraph are as follows:
                  [(A) Activities to oversee the construction 
                of a major capital project.
                  [(B) Activities to review and audit the 
                safety and security, procurement, management, 
                and financial compliance of a recipient or 
                subrecipient of funds under this chapter.
                  [(C) Activities to provide technical 
                assistance generally, and to provide technical 
                assistance to correct deficiencies identified 
                in compliance reviews and audits carried out 
                under this section.
          [(3) Government share of costs.--The Government shall 
        pay the entire cost of carrying out a contract under 
        this subsection.
          [(4) Availability of certain funds.--Funds made 
        available under paragraph (1)(C) shall be made 
        available to the Secretary before allocating the funds 
        appropriated to carry out any project under a full 
        funding grant agreement.
  [(g) 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.
  [(h) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until 
expended.]

Sec. 5338. Authorizations

  (a) Grants.--
          (1) In general.--There shall be available from the 
        Mass Transit Account of the Highway Trust Fund to carry 
        out sections 5305, 5307, 5308, 5310, 5311, 5312, 5314, 
        5318, 5320, 5328, 5335, 5337, 5339, and 5340--
                  (A) $17,894,460,367 for fiscal year 2023;
                  (B) $18,201,940,770 for fiscal year 2024;
                  (C) $18,551,676,708 for fiscal year 2025; and
                  (D) $18,901,573,693 for fiscal year 2026.
          (2) Allocation of funds.--Of the amounts made 
        available under paragraph (1)--
                  (A) $189,879,151 for fiscal year 2023, 
                $192,841,266 for fiscal year 2024, $195,926,726 
                for fiscal year 2025, and $199,002,776 for 
                fiscal year 2026, shall be available to carry 
                out section 5305;
                  (B) $7,505,830,848 for fiscal year 2023, 
                $7,622,921,809 for fiscal year 2024, 
                $7,744,888,558 for fiscal year 2025, and 
                $7,866,483,309 for fiscal year 2026 shall be 
                allocated in accordance with section 5336 to 
                provide financial assistance for urbanized 
                areas under section 5307;
                  (C) $101,510,000 for fiscal year 2023, 
                $103,093,556 for fiscal year 2024, $104,743,053 
                for fiscal year 2025, and $106,387,519 for 
                fiscal year 2026 shall be available for grants 
                under section 5308;
                  (D) $434,830,298 for fiscal year 2023, 
                $441,613,651 for fiscal year 2024, $448,679,469 
                for fiscal year 2025, and $455,723,737 for 
                fiscal year 2026 shall be available to carry 
                out section 5310, of which not less than--
                          (i) $5,075,500 for fiscal year 2023, 
                        $5,154,678 for fiscal year 2024, 
                        $5,237,153 for fiscal year 2025, and 
                        $5,319,376 for fiscal year 2026 shall 
                        be available to carry out section 
                        5310(j); and
                          (ii) $20,302,000 for fiscal year 
                        2023, $20,618,711 for fiscal year 2024, 
                        $20,948,611 for fiscal year 2025, and 
                        $21,277,504 for fiscal year 2026 shall 
                        be available to carry out section 
                        5310(k);
                  (E) $1,025,199,724 for fiscal year 2023, 
                $1,041,192,839 for fiscal year 2024, 
                $1,057,851,925 for fiscal year 2025, and 
                $1,074,460,200 for fiscal year 2026 shall be 
                available to carry out section 5311, of which 
                not less than--
                          (i) $55,679,500 for fiscal year 2023, 
                        $56,392,100 for fiscal year 2024, 
                        $57,134,374 for fiscal year 2025, and 
                        $57,874,383 for fiscal year 2026 shall 
                        be available to carry out section 
                        5311(c)(1); and
                          (ii) $50,755,000 for fiscal year 
                        2023, $51,546,778 for fiscal year 2024, 
                        $52,371,526 for fiscal year 2025, and 
                        $53,193,759 for fiscal year 2026 shall 
                        be available to carry out section 
                        5311(c)(2);
                  (F) $53,498,300 for fiscal year 2023; 
                $54,020,873 for fiscal year 2024; $54,565,207 
                for fiscal year 2025; $55,107,881 for fiscal 
                year 2026 shall be available to carry out 
                section 5312, of which not less than--
                          (i) $5,075,500 for fiscal year 2023, 
                        $5,154,678 for fiscal year 2024, 
                        $5,237,153 for fiscal year 2025, and 
                        $5,319,376 for fiscal year 2026 shall 
                        be available to carry out each of 
                        sections 5312(d)(3) and 5312(d)(4);
                          (ii) $3,045,300 for fiscal year 2023, 
                        $3,092,807 for fiscal year 2024, 
                        $3,142,292 for fiscal year 2025, and 
                        $3,191,626 for fiscal year 2026 shall 
                        be available to carry out section 
                        5312(h);
                          (iii) $10,151,000 for fiscal year 
                        2023, $10,309,356 for fiscal year 2024, 
                        $10,474,305 for fiscal year 2025, and 
                        $10,638,752 for fiscal year 2026 shall 
                        be available to carry out section 
                        5312(i); and
                          (iv) $10,075,500 for fiscal year 
                        2023, $10,154,678 for fiscal year 2024, 
                        $10,237,153 for fiscal year 2025, and 
                        $10,319,376 shall be available to carry 
                        out section 5312(j);
                  (G) $23,347,300 for fiscal year 2023, 
                $23,711,518 for fiscal year 2024, $24,090,902 
                for fiscal year 2025, and $24,469,129 for 
                fiscal year 2026 shall be available to carry 
                out section 5314, of which not less than--
                          (i) $4,060,400 for fiscal year 2023, 
                        $4,123,742 for fiscal year 2024, 
                        $4,189,722 for fiscal year 2025, and 
                        $4,255,501 for fiscal year 2026 shall 
                        be available to carry out section of 
                        5314(a);
                          (ii) $5,075,500 for fiscal year 2023, 
                        $5,154,678 for fiscal year 2024, 
                        $5,237,153 for fiscal year 2025, and 
                        $5,319,376 for fiscal year 2026 shall 
                        be available to carry out section 
                        5314(c); and
                          (iii) $12,181,200 for fiscal year 
                        2023, $12,371,227 for fiscal year 2024, 
                        $12,569,166 for fiscal year 2025, and 
                        $12,766,502 for fiscal year 2026 shall 
                        be available to carry out section 
                        5314(b)(2);
                  (H) $5,075,500 for fiscal year 2023, 
                $5,154,678 for fiscal year 2024, $5,237,153 for 
                fiscal year 2025, and $5,319,376 for fiscal 
                year 2026 shall be available to carry out 
                section 5318;
                  (I) $30,453,000 for fiscal year 2023, 
                $30,928,067 for fiscal year 2024, $31,422,916 
                for fiscal year 2025, and $31,916,256 for 
                fiscal year 2026 shall be available to carry 
                out section 5328, of which not less than--
                          (i) $25,377,500 for fiscal year 2023, 
                        $25,773,389 for fiscal year 2024, 
                        $26,185,763 for fiscal year 2025, and 
                        $26,596,880 for fiscal year 2026 shall 
                        be available to carry out section of 
                        5328(b); and
                          (ii) $2,537,750 for fiscal year 2023, 
                        $2,577,339 for fiscal year 2024, 
                        $2,618,576 for fiscal year 2025, and 
                        $2,659,688 for fiscal year 2026 shall 
                        be available to carry out section 
                        5328(c);
                  (J) $4,060,400 for fiscal year 2023, 
                $4,123,742 for fiscal year 2024, $4,189,722 for 
                fiscal year 2025, and $4,255,501 for fiscal 
                year 2026 shall be available to carry out 
                section 5335;
                  (K) $5,366,233,728 for fiscal year 2023, 
                $5,460,789,084 for fiscal year 2024, 
                $5,560,170,578 for fiscal year 2025, and 
                $5,660,288,417 for fiscal year 2026 shall be 
                available to carry out section 5337;
                  (L) to carry out the bus formula program 
                under section 5339(a)--
                          (i) $1,240,328,213 for fiscal year 
                        2023, $1,259,667,334 for fiscal year 
                        2024, $1,279,832,171 for fiscal year 
                        2025, and $1,299,925,536 for fiscal 
                        year 2026; except that
                          (ii) 15 percent of the amounts under 
                        clause (i) shall be available to carry 
                        out 5339(d);
                  (M) $437,080,000 for fiscal year 2023, 
                $424,748,448 for fiscal year 2024, $387,944,423 
                for fiscal year 2025, and $351,100,151 for 
                fiscal year 2026 shall be available to carry 
                out section 5339(b);
                  (N) $890,000,000 for fiscal year 2023, 
                $950,000,000 for fiscal year 2024, 
                $1,065,000,000 for fiscal year 2025, and 
                $1,180,000,000 for fiscal year 2026 shall be 
                available to carry out section 5339(c); and
                  (O) $587,133,905 for each of fiscal years 
                2023 through 2026 shall be available to carry 
                out section 5340 to provide financial 
                assistance for urbanized areas under section 
                5307 and rural areas under section 5311, of 
                which--
                          (i) $309,688,908 for each of fiscal 
                        years 2023 through 2026 shall be for 
                        growing States under section 5340(c); 
                        and
                          (ii) $277,444,997 for each of fiscal 
                        years 2023 through 2026 shall be for 
                        high density States under section 
                        5340(d).
  (b) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309 $3,500,000,000 for 
fiscal year 2023, $4,250,000,000 for fiscal year 2024, 
$5,000,000,000 for fiscal year 2025, and 5,500,000,000 for 
fiscal year 2026.
  (c) Administration.--
          (1) In general.--There are authorized to be 
        appropriated to carry out section 5334, $142,060,785 
        for fiscal year 2023, $144,191,696 for fiscal year 
        2024, $146,412,248 for fiscal year 2025, and 
        148,652,356 for fiscal year 2026.
          (2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than 
        $6,000,000 for each of fiscal years 2023 through 2026 
        shall be available to carry out section 5329.
          (3) Section 5326.--Of the amounts made available 
        under paragraph (2), not less than $2,500,000 for each 
        of fiscal years 2023 through 2026 shall be available to 
        carry out section 5326.
  (d) Oversight.--
          (1) In general.--Of the amounts made available to 
        carry out this chapter for a fiscal year, the Secretary 
        may use not more than the following amounts for the 
        activities described in paragraph (2):
                  (A) 0.5 percent of amounts made available to 
                carry out section 5305.
                  (B) 0.75 percent of amounts made available to 
                carry out section 5307.
                  (C) 1 percent of amounts made available to 
                carry out section 5309.
                  (D) 1 percent of amounts made available to 
                carry out section 601 of the Passenger Rail 
                Investment and Improvement Act of 2008 (Public 
                Law 110-432; 126 Stat. 4968).
                  (E) 0.5 percent of amounts made available to 
                carry out section 5310.
                  (F) 0.5 percent of amounts made available to 
                carry out section 5311.
                  (G) 1 percent of amounts made available to 
                carry out section 5337, of which not less than 
                25 percent of such amounts shall be available 
                to carry out section 5329 and of which not less 
                than 10 percent of such amounts shall be made 
                available to carry out section 5320.
                  (H) 1 percent of amounts made available to 
                carry out section 5339 of which not less than 
                10 percent of such amounts shall be made 
                available to carry out section 5320.
                  (I) 1 percent of amounts made available to 
                carry out section 5308.
          (2) Activities.--The activities described in this 
        paragraph are as follows:
                  (A) Activities to oversee the construction of 
                a major capital project.
                  (B) Activities to review and audit the safety 
                and security, procurement, management, and 
                financial compliance of a recipient or 
                subrecipient of funds under this chapter.
                  (C) Activities to provide technical 
                assistance generally, and to provide technical 
                assistance to correct deficiencies identified 
                in compliance reviews and audits carried out 
                under this section.
          (3) Government share of costs.--The Government shall 
        pay the entire cost of carrying out a contract under 
        this subsection.
          (4) Availability of certain funds.--Funds made 
        available under paragraph (1)(C) shall be made 
        available to the Secretary before allocating the funds 
        appropriated to carry out any project under a full 
        funding grant agreement.
  (e) Grants as Contractual Obligations.--
          (1) Grants financed from highway trust fund.--A grant 
        or contract that is approved by the Secretary and 
        financed with amounts made available from the Mass 
        Transit Account of the Highway Trust Fund pursuant to 
        this section is a contractual obligation of the 
        Government to pay the Government share of the cost of 
        the project.
          (2) Grants financed from general fund.--A grant or 
        contract that is approved by the Secretary and financed 
        with amounts from future appropriations from the 
        general fund of the Treasury pursuant to this section 
        is a contractual obligation of the Government to pay 
        the Government share of the cost of the project only to 
        the extent that amounts are appropriated for such 
        purpose by an Act of Congress.
  (f) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until 
expended.
  (g) Limitation on Financial Assistance for State-owned 
Enterprises.--
          (1) In general.--Funds provided under this section 
        may not be used in awarding a contract, subcontract, 
        grant, or loan to an entity that is owned or controlled 
        by, is a subsidiary of, or is otherwise related legally 
        or financially to a corporation based in a country 
        that--
                  (A) is identified as a nonmarket economy 
                country (as defined in section 771(18) of the 
                Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
                the date of enactment of the INVEST in America 
                Act;
                  (B) was identified by the United States Trade 
                Representative in the most recent report 
                required by section 182 of the Trade Act of 
                1974 (19 U.S.C. 2242) as a priority foreign 
                country under subsection (a)(2) of that 
                section; and
                  (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade 
                Act of 1974 (19 U.S.C. 2416).
          (2) Exception.--For purposes of paragraph (1), the 
        term ``otherwise related legally or financially'' does 
        not include a minority relationship or investment.
          (3) International agreements.--This subsection shall 
        be applied in a manner consistent with the obligations 
        of the United States under international agreements.

Sec. 5339. Grants for buses and bus facilities

  (a) Formula Grants.--
          (1) Definitions.--In this subsection and subsection 
        (d)--
                  (A) the [term ``low or no emission vehicle'' 
                has] term ``zero emission vehicle'' has the 
                meaning given that term in subsection (c)(1);
                  (B) the term ``State'' means a State of the 
                United States and the District of Columbia; and
                  (C) the term ``territory'' means [the 
                District of Columbia,] Puerto Rico, the 
                Northern Mariana Islands, Guam, American Samoa, 
                and the United States Virgin Islands.
          (2) General authority.--The Secretary may make grants 
        under this subsection to assist eligible recipients 
        described in paragraph (4)(A) in financing capital 
        projects--
                  (A) to replace, rehabilitate, and purchase 
                buses and related equipment, including 
                technological changes or innovations to modify 
                [low or no emission vehicles] zero emission 
                vehicles or facilities; and
                  (B) to construct bus-related facilities.
          (3) Grant requirements.--The requirements of--
                  (A) section 5307 shall apply to recipients of 
                grants made in urbanized areas under this 
                subsection; and
                  (B) section 5311 shall apply to recipients of 
                grants made in rural areas under this 
                subsection.
          (4) Eligible recipients.--
                  (A) Recipients.--Eligible recipients under 
                this subsection and subsection (d) are--
                          (i) designated recipients that 
                        allocate funds to fixed route bus 
                        operators; or
                          (ii) State or local governmental 
                        entities that operate fixed route bus 
                        service.
                  (B) Subrecipients.--A recipient that receives 
                a grant under this subsection and subsection 
                (d) may allocate amounts of the grant to 
                subrecipients that are public agencies or 
                private nonprofit organizations engaged in 
                public transportation.
          (5) Distribution of grant funds.--Funds allocated 
        under section 5338(a)(2)(L) shall be distributed as 
        follows:
                  (A) National distribution.--[$90,500,000] 
                $156,750,000 for each of fiscal years [2016 
                through 2020] 2023 through 2026 shall be 
                allocated to all States and territories, with 
                each State receiving [$1,750,000] $3,000,000 
                for each such fiscal year and each territory 
                receiving [$500,000] $750,000 for each such 
                fiscal year.
                  (B) Distribution using population and service 
                factors.--The remainder of the funds not 
                otherwise distributed under subparagraph (A) 
                shall be allocated pursuant to the formula set 
                forth in section 5336 other than subsection 
                (b).
          (6) Transfers of apportionments.--
                  (A) Transfer flexibility for national 
                distribution funds.--The Governor of a State 
                may transfer any part of the State's 
                apportionment under paragraph (5)(A) to 
                supplement amounts apportioned to the State 
                under section 5311(c) or amounts apportioned to 
                urbanized areas under subsections (a) and (c) 
                of section 5336.
                  (B) Transfer flexibility for population and 
                service factors funds.--The Governor of a State 
                may expend in an urbanized area with a 
                population of less than 200,000 any amounts 
                apportioned under paragraph (5)(B) that are not 
                allocated to designated recipients in urbanized 
                areas with a population of 200,000 or more.
          (7) Government share of costs.--
                  (A) Capital projects.--A grant for a capital 
                project under this subsection shall be for 80 
                percent of the net capital costs of the 
                project. A recipient of a grant under this 
                subsection may provide additional local 
                matching amounts.
                  (B) Remaining costs.--The remainder of the 
                net project cost shall be provided--
                          (i) in cash from non-Government 
                        sources other than revenues from 
                        providing public transportation 
                        services;
                          (ii) from revenues derived from the 
                        sale of advertising and concessions;
                          (iii) from an undistributed cash 
                        surplus, a replacement or depreciation 
                        cash fund or reserve, or new capital;
                          (iv) from amounts received under a 
                        service agreement with a State or local 
                        social service agency or private social 
                        service organization[; or];
                          (v) from revenues generated from 
                        value capture financing mechanisms[.]; 
                        or
                          (vi) transportation development 
                        credits.
                  (C) Special rule for buses and related 
                equipment for zero emission vehicles.--
                Notwithstanding subparagraph (A), a grant for a 
                capital project for buses and related equipment 
                for hybrid electric buses that make meaningful 
                reductions in energy consumption and harmful 
                emissions, including direct carbon emissions, 
                and zero emission vehicles under this 
                subsection shall be for 90 percent of the net 
                capital costs of the project. A recipient of a 
                grant under this subsection may provide 
                additional local matching amounts.
          (8) Period of availability to recipients.--Amounts 
        made available under this subsection may be obligated 
        by a recipient for [3 fiscal years] 4 fiscal years 
        after the fiscal year in which the amount is 
        apportioned. Not later than 30 days after the end of 
        the [3-fiscal-year period] 4-fiscal-year period 
        described in the preceding sentence, any amount that is 
        not obligated on the last day of such period shall be 
        added to the amount that may be apportioned under this 
        subsection in the next fiscal year.
          [(9) Pilot program for cost-effective capital 
        investment.--
                  [(A) In general.--For each of fiscal years 
                2016 through 2020, the Secretary shall carry 
                out a pilot program under which an eligible 
                recipient (as described in paragraph (4)) in an 
                urbanized area with population of not less than 
                200,000 and not more than 999,999 may elect to 
                participate in a State pool in accordance with 
                this paragraph.
                  [(B) Purpose of state pools.--The purpose of 
                a State pool shall be to allow for transfers of 
                formula grant funds made available under this 
                subsection among the designated recipients 
                participating in the State pool in a manner 
                that supports the transit asset management 
                plans of the designated recipients under 
                section 5326.
                  [(C) Requests for participation.--A State, 
                and eligible recipients in the State described 
                in subparagraph (A), may submit to the 
                Secretary a request for participation in the 
                program under procedures to be established by 
                the Secretary. An eligible recipient for a 
                multistate area may participate in only 1 State 
                pool.
                  [(D) Allocations to participating states.--
                For each fiscal year, the Secretary shall 
                allocate to each State participating in the 
                program the total amount of funds that 
                otherwise would be allocated to the urbanized 
                areas of the eligible recipients participating 
                in the State's pool for that fiscal year 
                pursuant to the formulas referred to in 
                paragraph (5).
                  [(E) Allocations to eligible recipients in 
                state pools.--A State shall distribute the 
                amount that is allocated to the State for a 
                fiscal year under subparagraph (D) among the 
                eligible recipients participating in the 
                State's pool in a manner that supports the 
                transit asset management plans of the 
                recipients under section 5326.
                  [(F) Allocation plans.--A State participating 
                in the program shall develop an allocation plan 
                for the period of fiscal years 2016 through 
                2020 to ensure that an eligible recipient 
                participating in the State's pool receives 
                under the program an amount of funds that 
                equals the amount of funds that would have 
                otherwise been available to the eligible 
                recipient for that period pursuant to the 
                formulas referred to in paragraph (5).
                  [(G) Grants.--The Secretary shall make grants 
                under this subsection for a fiscal year to an 
                eligible recipient participating in a State 
                pool following notification by the State of the 
                allocation amount determined under subparagraph 
                (E).]
  (b)  [Buses and Bus Facilities Competitive Grants] Bus 
Facilities and Fleet Expansion Competitive Grants.--
          (1) In general.--The Secretary may make grants under 
        this subsection to eligible recipients (as described in 
        subsection (a)(4)) to assist in the financing of [buses 
        and] bus facilities capital projects and certain buses, 
        including--
                  (A) replacing, rehabilitating, purchasing, or 
                leasing [buses or related equipment] bus-
                related facilities; and
                  [(B) rehabilitating, purchasing, 
                constructing, or leasing bus-related 
                facilities.]
                  (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.
          [(2) Grant considerations.--In making grants under 
        this subsection, the Secretary shall consider the age 
        and condition of buses, bus fleets, related equipment, 
        and bus-related facilities.]
          (2) Grant considerations.--In making grants--
                  (A) under subparagraph (1)(A), the Secretary 
                shall only consider--
                          (i) the age and condition of bus-
                        related facilities of the applicant 
                        compared to all applicants and proposed 
                        improvements to the resilience (as such 
                        term is defined in section 5302) of 
                        such facilities;
                          (ii) for a facility that, in whole or 
                        in part, encroaches within the limits 
                        of a flood-prone area, the extent to 
                        which the facility is designed and 
                        constructed in a way that takes into 
                        account, and mitigates where 
                        appropriate, flood risk; and
                          (iii) for a bus station, the degree 
                        of multi-modal connections at such 
                        station; and
                  (B) under paragraph (1)(B), the Secretary 
                shall consider the improvements to headway and 
                projected new ridership.
          (3) Statewide applications.--A State may submit a 
        statewide application on behalf of a public agency or 
        private nonprofit organization engaged in public 
        transportation in rural areas or other areas for which 
        the State allocates funds. The submission of a 
        statewide application shall not preclude the submission 
        and consideration of any application under this 
        subsection from other eligible recipients (as described 
        in subsection (a)(4)) in an urbanized area in a State.
          (4) Requirements for the secretary.--The Secretary 
        shall--
                  (A) disclose all metrics and evaluation 
                procedures to be used in considering grant 
                applications under this subsection upon 
                issuance of the notice of funding availability 
                in the Federal Register; and
                  (B) publish a summary of final scores for 
                selected projects, metrics, and other 
                evaluations used in awarding grants under this 
                subsection in the Federal Register.
          (5) Rural projects.--Not less than 10 percent of the 
        amounts made available under this subsection in a 
        fiscal year shall be distributed to projects in rural 
        areas.
          (6) Grant requirements.--
                  (A) In general.--A grant under this 
                subsection shall be subject to the requirements 
                of--
                          (i) section 5307 for eligible 
                        recipients of grants made in urbanized 
                        areas; and
                          (ii) section 5311 for eligible 
                        recipients of grants made in rural 
                        areas.
                  [(B) Government share of costs.--The 
                Government share of the cost of an eligible 
                project carried out under this subsection shall 
                not exceed 80 percent.]
                  (B) Government share of costs.--
                          (i) In general.--The Government share 
                        of the cost of an eligible project 
                        carried out under this subsection shall 
                        not exceed 80 percent.
                          (ii) Special rule for buses and 
                        related equipment for zero emission 
                        vehicles.--Notwithstanding clause (i), 
                        the Government share of the cost of an 
                        eligible project for the financing of 
                        buses and related equipment for hybrid 
                        electric buses that make meaningful 
                        reductions in energy consumption and 
                        harmful emissions, including direct 
                        carbon emissions, and zero emission 
                        vehicles shall not exceed 90 percent.
          (7) Availability of funds.--Any amounts made 
        available to carry out this subsection--
                  (A) shall remain available for 3 fiscal years 
                after the fiscal year for which the amount is 
                made available; and
                  (B) that remain unobligated at the end of the 
                period described in subparagraph (A) shall be 
                added to the amount made available to an 
                eligible project in the following fiscal year.
          (8) Limitation.--Of the amounts made available under 
        this subsection, not more than 10 percent may be 
        awarded to a single grantee.
  (c)  [Low or No Emission Grants] Zero Emission Grants.--
          (1) Definitions.--In this subsection--
                  (A) the term ``direct carbon emissions'' 
                means the quantity of direct greenhouse gas 
                emissions from a vehicle, as determined by the 
                Administrator of the Environmental Protection 
                Agency;
                  (B) the term ``eligible project'' means a 
                project or program of projects [in an eligible 
                area] for--
                          (i) acquiring [low or no emission] 
                        zero emission vehicles;
                          (ii) leasing [low or no emission] 
                        zero emission vehicles;
                          (iii) acquiring [low or no emission] 
                        zero emission vehicles with a leased 
                        power source;
                          (iv) constructing [facilities and 
                        related equipment for low or no 
                        emission] related equipment for zero 
                        emission vehicles;
                          (v) leasing [facilities and related 
                        equipment for low or no emission 
                        vehicles;] related equipment for zero 
                        emission vehicles; or
                          [(vi) constructing new public 
                        transportation facilities to 
                        accommodate low or no emission 
                        vehicles; or]
                          [(vii)] (vi) rehabilitating or 
                        improving existing public 
                        transportation facilities to 
                        accommodate [low or no emission] zero 
                        emission vehicles;
                  (C) the term ``leased power source'' means a 
                removable power source, as defined in 
                subsection (c)(3) of section 3019 of the 
                Federal Public Transportation Act of 2015 that 
                is made available through a capital lease under 
                such section;
                  [(D) the term ``low or no emission bus'' 
                means a bus that is a low or no emission 
                vehicle;
                  [(E) the term ``low or no emission vehicle'' 
                means--
                          [(i) a passenger vehicle used to 
                        provide public transportation that the 
                        Secretary determines sufficiently 
                        reduces energy consumption or harmful 
                        emissions, including direct carbon 
                        emissions, when compared to a 
                        comparable standard vehicle; or
                          [(ii) a zero emission vehicle used to 
                        provide public transportation;]
                  (D) the term ``zero emission bus'' means a 
                bus that is a zero emission vehicle;
                  (E) the term ``zero emission vehicle'' means 
                a vehicle used to provide public transportation 
                that produces no carbon dioxide or particulate 
                matter;
                  (F) the term ``recipient'' means a designated 
                recipient, a local governmental authority, or a 
                State that receives a grant under this 
                subsection for an eligible project; [and]
                  [(G) the term ``zero emission vehicle'' means 
                a low or no emission vehicle that produces no 
                carbon or particulate matter.]
                  (G) the term ``priority 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
                  (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.
          (2) General authority.--The Secretary may make grants 
        to recipients to finance eligible projects under this 
        subsection.
          (3) Grant requirements.--
                  (A) In general.--A grant under this 
                subsection shall be subject to the requirements 
                of section 5307.
                  [(B) Government share of costs for certain 
                projects.--Section 5323(i) applies to eligible 
                projects carried out under this subsection, 
                unless the recipient requests a lower grant 
                percentage.]
                  [(C)] (B) Combination of funding sources.--
                          (i) Combination permitted.--An 
                        eligible project carried out under this 
                        subsection may receive funding under 
                        section 5307 or any other provision of 
                        law.
                          (ii) Government share.--Nothing in 
                        this subparagraph shall be construed to 
                        alter the Government share required 
                        under paragraph (7), section 5307, or 
                        any other provision of law.
          (4) Competitive process.--The Secretary shall--
                  (A) not later than 30 days after the date on 
                which amounts are made available for obligation 
                under this subsection for a full fiscal year, 
                solicit grant applications for eligible 
                projects on a competitive basis; and
                  (B) award a grant under this subsection based 
                on the solicitation under subparagraph (A) not 
                later than the earlier of--
                          (i) 75 days after the date on which 
                        the solicitation expires; or
                          (ii) the end of the fiscal year in 
                        which the Secretary solicited the grant 
                        applications.
          [(5) Consideration.--In awarding grants under this 
        subsection, the Secretary shall only consider eligible 
        projects relating to the acquisition or leasing of low 
        or no emission buses or bus facilities that--
                  [(A) make greater reductions in energy 
                consumption and harmful emissions, including 
                direct carbon emissions, than comparable 
                standard buses or other low or no emission 
                buses; and
                  [(B) are part of a long-term integrated fleet 
                management plan for the recipient.]
          (5) Grant eligibility.--In awarding grants under this 
        subsection, the Secretary shall make grants to eligible 
        projects relating to the acquisition or leasing of 
        equipment for zero-emission buses or zero-emission 
        buses--
                  (A) that procure--
                          (i) at least 10 zero emission buses;
                          (ii) if the recipient operates less 
                        than 50 buses in peak service, at least 
                        5 zero emission buses; or
                          (iii) hydrogen buses;
                  (B) for which the recipient's board of 
                directors has approved a long-term integrated 
                fleet management plan that--
                          (i) establishes--
                                  (I) a goal by a set date to 
                                convert the entire bus fleet to 
                                zero emission buses; or
                                  (II) a goal that within 10 
                                years from the date of approval 
                                of such plan the recipient will 
                                convert a set percentage of the 
                                total bus fleet of such 
                                recipient to zero emission 
                                buses; and
                          (ii) examines the impact of the 
                        transition on the applicant's current 
                        workforce, by identifying skills gaps, 
                        training needs, and retraining needs of 
                        the existing workers of such applicant 
                        to operate and maintain zero-emission 
                        vehicles and related infrastructure, 
                        and avoids the displacement of the 
                        existing workforce; and
                  (C) for which the recipient has performed a 
                fleet transition study that includes optimal 
                route planning and an analysis of how utility 
                rates may impact the recipient's operations and 
                maintenance budget.
          (6) Availability of funds.--Any amounts made 
        available to carry out this subsection--
                  (A) shall remain available to an eligible 
                project for 3 fiscal years after the fiscal 
                year for which the amount is made available; 
                and
                  (B) that remain unobligated at the end of the 
                period described in subparagraph (A) shall be 
                added to the amount made available to an 
                eligible project in the following fiscal year.
          (7) Government share of costs.--
                  (A) In general.--The Federal share of the 
                cost of an eligible project carried out under 
                this subsection shall not exceed [80] 90 
                percent.
                  (B) Non-federal share.--The non-Federal share 
                of the cost of an eligible project carried out 
                under this subsection may be derived from in-
                kind contributions.
          (8) Low and moderate community grants.--Not less than 
        10 percent of the amounts made available under this 
        subsection in a fiscal year shall be distributed to 
        projects serving predominantly low-income communities.
          (9) Priority set-aside.--Of the amounts made 
        available under this subsection in a fiscal year, not 
        less than--
                  (A) 20 percent shall be distributed to 
                applicants in priority areas; and
                  (B) 10 percent shall be distributed to 
                applicants not located in priority areas whose 
                board of directors have approved a long-term 
                integrated fleet management plan that 
                establishes a goal to convert 100 percent of 
                their bus fleet to zero-emission buses within 
                15 years.
  (d) Restoration to State of Good Repair Formula Subgrant.--
          (1) General authority.--The Secretary may make grants 
        under this subsection to assist eligible recipients and 
        subrecipients described in paragraph (2) in financing 
        capital projects to replace, rehabilitate, and purchase 
        buses and related equipment.
          (2) Eligible recipients and subrecipients.--Not later 
        than September 1 annually, the Secretary shall make 
        public a list of eligible recipients and subrecipients 
        based on the most recent data available in the National 
        Transit Database to calculate the 20 percent of 
        eligible recipients and subrecipients with the highest 
        percentage of asset vehicle miles for buses beyond the 
        useful life benchmark established by the Federal 
        Transit Administration.
          (3) Urban apportionments.--Funds allocated under 
        section 5338(a)(2)(L)(ii) shall be--
                  (A) distributed to--
                          (i) designated recipients in an 
                        urbanized area with a population of at 
                        least 200,000 made eligible by 
                        paragraph (1); and
                          (ii) States based on subrecipients 
                        made eligible by paragraph (1) in an 
                        urbanized area under 200,000; and
                  (B) allocated pursuant to the formula set 
                forth in section 5336 other than subsection 
                (b), using the data from the 20 percent of 
                eligible recipients and subrecipients.
          (4) Rural allocation.--The Secretary shall--
                  (A) calculate the percentage of funds under 
                section 5338(a)(2)(L)(ii) to allocate to rural 
                subrecipients by dividing--
                          (i) the asset vehicle miles for buses 
                        beyond the useful life benchmark 
                        (established by the Federal Transit 
                        Administration) of the rural 
                        subrecipients described in paragraph 
                        (2); by
                          (ii) the total asset vehicle miles 
                        for buses beyond such benchmark of all 
                        eligible recipients and subrecipients 
                        described in paragraph (2); and
                  (B) prior to the allocation described in 
                paragraph (3)(B), apportion to each State the 
                amount of the total rural allocation calculated 
                under subparagraph (A) attributable to such 
                State based the proportion that--
                          (i) the asset vehicle miles for buses 
                        beyond the useful life benchmark 
                        (established by the Federal Transit 
                        Administration) for rural subrecipients 
                        described in paragraph (2) in such 
                        State; bears to
                          (ii) the total asset vehicle miles 
                        described in subparagraph (A)(i).
          (5) Application of other provisions.--Paragraphs (3), 
        (7), and (8) of subsection (a) shall apply to eligible 
        recipients and subrecipients described in paragraph (2) 
        of a grant under this subsection.
          (6) Prohibition.--No eligible recipient or 
        subrecipient outside the top 5 percent of asset vehicle 
        miles for buses beyond the useful life benchmark 
        established by the Federal Transit Administration may 
        receive a grant in both fiscal year 2023 and fiscal 
        year 2024.
          (7) Requirement.--The Secretary shall require--
                  (A) States to expend, to the benefit of the 
                subrecipients eligible under paragraph (2), the 
                apportioned funds attributed to such 
                subrecipients; and
                  (B) designated recipients to provide the 
                allocated funds to the recipients eligible 
                under paragraph (2) the apportioned funds 
                attributed to such recipients.
  (e) Workforce Development Training Grants.--
          (1) In general.--Not less than 12.5 percent of funds 
        authorized to be made available for subsection (c) 
        shall be available to fund workforce development 
        training eligible under section 5314(b)(2) (including 
        registered apprenticeships and other labor-management 
        training programs), related to operations or 
        maintenance of zero emission vehicles.
          (2) Eligible recipients.--Recipients eligible under 
        subsection (c) shall be eligible to receive a grant 
        under this subsection.
          (3) Federal share.--The Federal share of the cost of 
        an eligible project carried out under this subsection 
        shall be 100 percent.
          (4) Prioritization.--In making grants under this 
        subsection, the Secretary shall prioritize applications 
        that jointly fund training as part of a vehicle 
        procurement application under subsection (c).

Sec. 5340. Apportionments based on growing States and high density 
                    States formula factors

  (a) Definition.--In this section, the term ``State'' shall 
mean each of the 50 States of the United States and the 
District of Columbia.
  (b) Allocation.--The Secretary shall apportion the amounts 
made available under section [5338(b)(2)(N)] 5338(a)(2)(O) in 
accordance with subsection (c) and subsection (d).
  (c) Growing State Apportionments.--
          (1) Apportionment among states.--The amounts 
        apportioned under subsection (b)(1) shall provide each 
        State with an amount equal to the total amount 
        apportioned multiplied by a ratio equal to the 
        population of that State forecast for the year that is 
        15 years after the most recent decennial census, 
        divided by the total population of all States forecast 
        for the year that is 15 years after the most recent 
        decennial census. Such forecast shall be based on the 
        population trend for each State between the most recent 
        decennial census and the most recent estimate of 
        population made by the Secretary of Commerce.
          (2) Apportionments between urbanized areas and other 
        than urbanized areas in each state.--
                  (A) In general.--The Secretary shall 
                apportion amounts to each State under paragraph 
                (1) so that urbanized areas in that State 
                receive an amount equal to the amount 
                apportioned to that State multiplied by a ratio 
                equal to the sum of the forecast population of 
                all urbanized areas in that State divided by 
                the total forecast population of that State. In 
                making the apportionment under this 
                subparagraph, the Secretary shall utilize any 
                available forecasts made by the State. If no 
                forecasts are available, the Secretary shall 
                utilize data on urbanized areas and total 
                population from the most recent decennial 
                census.
                  (B) Remaining amounts.--Amounts remaining for 
                each State after apportionment under 
                subparagraph (A) shall be apportioned to that 
                State and added to the amount made available 
                for grants under section 5311.
          (3) Apportionments among urbanized areas in each 
        state.--The Secretary shall apportion amounts made 
        available to urbanized areas in each State under 
        paragraph (2)(A) so that each urbanized area receives 
        an amount equal to the amount apportioned under 
        paragraph (2)(A) multiplied by a ratio equal to the 
        population of each urbanized area divided by the sum of 
        populations of all urbanized areas in the State. 
        Amounts apportioned to each urbanized area shall be 
        added to amounts apportioned to that urbanized area 
        under section 5336, and made available for grants under 
        section 5307.
  (d) High Density State Apportionments.--Amounts to be 
apportioned under subsection (b)(2) shall be apportioned as 
follows:
          (1) Eligible states.--The Secretary shall designate 
        as eligible for an apportionment under this subsection 
        all States with a population density in excess of 370 
        persons per square mile.
          (2) State urbanized land factor.--For each State 
        qualifying for an apportionment under paragraph (1), 
        the Secretary shall calculate an amount equal to--
                  (A) the total land area of the State (in 
                square miles); multiplied by
                  (B) 370; multiplied by
                  (C)(i) the population of the State in 
                urbanized areas; divided by
                  (ii) the total population of the State.
          (3) State apportionment factor.--For each State 
        qualifying for an apportionment under paragraph (1), 
        the Secretary shall calculate an amount equal to the 
        difference between the total population of the State 
        less the amount calculated in paragraph (2).
          (4) State apportionment.--Each State qualifying for 
        an apportionment under paragraph (1) shall receive an 
        amount equal to the amount to be apportioned under this 
        subsection multiplied by the amount calculated for the 
        State under paragraph (3) divided by the sum of the 
        amounts calculated under paragraph (3) for all States 
        qualifying for an apportionment under paragraph (1).
          (5) Apportionments among urbanized areas in each 
        state.--The Secretary shall apportion amounts made 
        available to each State under paragraph (4) so that 
        each urbanized area receives an amount equal to the 
        amount apportioned under paragraph (4) multiplied by a 
        ratio equal to the population of each urbanized area 
        divided by the sum of populations of all urbanized 
        areas in the State. Amounts apportioned to each 
        urbanized area shall be added to amounts apportioned to 
        that urbanized area under section 5336, and made 
        available for grants under section 5307.

Sec. 5341. U.S. Employment Plan

  (a) Definitions.--In this section:
          (1) Commitment to high-quality career and business 
        opportunities.--The term ``commitment to high-quality 
        career and business opportunities'' means participation 
        in a registered apprenticeship program.
          (2) Covered infrastructure program.--The term 
        ``covered infrastructure program'' means any activity 
        under a program or project under this chapter for the 
        purchase or acquisition of rolling stock.
          (3) U.S. employment plan.--The term ``U.S. Employment 
        Plan'' means a plan under which an entity receiving 
        Federal assistance for a project under a covered 
        infrastructure program shall--
                  (A) include in a request for proposal an 
                encouragement for bidders to include, with 
                respect to the project--
                          (i) high-quality wage, benefit, and 
                        training commitments by the bidder and 
                        the supply chain of the bidder for the 
                        project; and
                          (ii) a commitment to recruit and hire 
                        individuals described in subsection (e) 
                        if the project results in the hiring of 
                        employees not currently or previously 
                        employed by the bidder and the supply 
                        chain of the bidder for the project;
                  (B) give preference for the award of the 
                contract to a bidder that includes the 
                commitments described in clauses (i) and (ii) 
                of subparagraph (A); and
                  (C) ensure that each bidder that includes the 
                commitments described in clauses (i) and (ii) 
                of subparagraph (A) that is awarded a contract 
                complies with those commitments.
          (4) Registered apprenticeship program.--The term 
        ``registered apprenticeship program'' means an 
        apprenticeship program registered under the Act of 
        August 16, 1937 (commonly known as the ``National 
        Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 
        U.S.C. 50 et seq.), including any requirement, 
        standard, or rule promulgated under such Act, as such 
        requirement, standard, or rule was in effect on 
        December 30, 2019.
  (b) Best-Value Framework.--To the maximum extent practicable, 
a recipient of assistance under a covered infrastructure 
program is encouraged--
          (1) to ensure that each dollar invested in 
        infrastructure uses a best-value contracting framework 
        to maximize the local value of federally funded 
        contracts by evaluating bids on price and other 
        technical criteria prioritized in the bid, such as--
                  (A) equity;
                  (B) environmental and climate justice;
                  (C) impact on greenhouse gas emissions;
                  (D) resilience;
                  (E) the results of a 40-year life-cycle 
                analysis;
                  (F) safety;
                  (G) commitment to creating or sustaining 
                high-quality job opportunities affiliated with 
                registered apprenticeship programs (as defined 
                in subsection (a)(3)) for disadvantaged or 
                underrepresented individuals in infrastructure 
                industries in the United States; and
                  (H) access to jobs and essential services by 
                all modes of travel for all users, including 
                individuals with disabilities; and
          (2) to ensure community engagement, transparency, and 
        accountability in carrying out each stage of the 
        project.
  (c) Preference for Registered Apprenticeship Programs.--To 
the maximum extent practicable, a recipient of assistance under 
a covered infrastructure program, with respect to the project 
for which the assistance is received, shall give preference to 
a bidder that demonstrates a commitment to high-quality job 
opportunities affiliated with registered apprenticeship 
programs.
  (d) Use of U.S. Employment Plan.--Notwithstanding any other 
provision of law, in carrying out a project under a covered 
infrastructure program that receives assistance under this 
chapter, the recipient shall use a U.S. Employment Plan for 
each contract of $10,000,000 or more for the purchase of 
manufactured goods or of services, based on an independent cost 
estimate.
  (e) Priority.--The Secretary shall ensure that the entity 
carrying out a project under the covered infrastructure program 
gives priority to--
          (1) individuals with a barrier to employment (as 
        defined in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102)), including ex-
        offenders and disabled individuals;
          (2) veterans; and
          (3) individuals that represent populations that are 
        traditionally underrepresented in the infrastructure 
        workforce, such as women and racial and ethnic 
        minorities.
  (f) Report.--Not less frequently than once each fiscal year, 
the Secretary shall jointly submit to Congress a report 
describing the implementation of this section.
  (g) Intent of Congress.--
          (1) In general.--It is the intent of Congress--
                  (A) to encourage recipients of Federal 
                assistance under covered infrastructure 
                programs to use a best-value contracting 
                framework described in subsection (b) for the 
                purchase of goods and services;
                  (B) to encourage recipients of Federal 
                assistance under covered infrastructure 
                programs to use preferences for registered 
                apprenticeship programs as described in 
                subsection (c) when evaluating bids for 
                projects using that assistance;
                  (C) to require that recipients of Federal 
                assistance under covered infrastructure 
                programs use the U.S. Employment Plan in 
                carrying out the project for which the 
                assistance was provided; and
                  (D) that full and open competition under 
                covered infrastructure programs means a 
                procedural competition that prevents 
                corruption, favoritism, and unfair treatment by 
                recipient agencies.
          (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.

           *       *       *       *       *       *       *


                 CHAPTER 55--INTERMODAL TRANSPORTATION

                          SUBCHAPTER I--GENERAL

Sec.
     * * * * * * *
5506. Unsolicited research initiative.
5507. National highly automated vehicle and mobility innovation 
          clearinghouse.
5508. Transportation workforce outreach program.


           *       *       *       *       *       *       *


SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *


Sec. 5505. University transportation centers program

  (a) University Transportation Centers Program.--
          (1) Establishment and operation.--The Secretary shall 
        make grants under this section to eligible nonprofit 
        institutions of higher education to establish and 
        operate university transportation centers.
          (2) Role of centers.--The role of each university 
        transportation center referred to in paragraph (1) 
        shall be--
                  (A) to advance transportation expertise and 
                technology in the varied disciplines that 
                comprise the field of transportation through 
                education, research, and technology transfer 
                activities;
                  (B) to provide for a critical transportation 
                knowledge base outside of the Department of 
                Transportation; and
                  (C) to address critical workforce needs and 
                educate the next generation of transportation 
                leaders.
  (b) Competitive Selection Process.--
          (1) Applications.--To receive a grant under this 
        section, a consortium of nonprofit institutions of 
        higher education shall submit to the Secretary an 
        application that is in such form and contains such 
        information as the Secretary may require.
          (2) Restriction.--
                  (A) Limitation.--A lead institution of a 
                consortium of nonprofit institutions of higher 
                education, as applicable, may only receive 1 
                grant per fiscal year for each of the 
                transportation centers described under 
                paragraphs (2), (3), and (4) of subsection (c).
                  (B) Exception for consortium members that are 
                not lead institutions.--Subparagraph (A) shall 
                not apply to a nonprofit institution of higher 
                education that is a member of a consortium of 
                nonprofit institutions of higher education but 
                not the lead institution of such consortium.
          (3) Coordination.--The Secretary shall solicit grant 
        applications for national transportation centers, 
        regional transportation centers, and Tier 1 university 
        transportation centers with identical advertisement 
        schedules and deadlines.
          (4) General selection criteria.--
                  (A) In general.--Except as otherwise provided 
                by this section, the Secretary shall award 
                grants under this section in nonexclusive 
                candidate topic areas established by the 
                Secretary that address the [research priorities 
                identified in chapter 65.] 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. 
                  (B) Criteria.--The Secretary, in consultation 
                with the Assistant Secretary for Research and 
                [Technology and] Technology, the Administrator 
                of the Federal Highway Administration, the 
                Administrator of the Federal Transit 
                Administration, [and other modal 
                administrations as appropriate] and the 
                Administrators of other operating 
                administrations, as appropriate, shall select 
                each recipient of a grant under this section 
                through a competitive process based on the 
                assessment of the Secretary relating to--
                          (i) the demonstrated ability of the 
                        recipient to address each specific 
                        topic area described in the research 
                        and strategic plans of the recipient;
                          (ii) the demonstrated research, 
                        technology transfer, and education 
                        resources available to the recipient to 
                        carry out this section;
                          (iii) the ability of the recipient to 
                        provide leadership in solving immediate 
                        and long-range national and regional 
                        transportation problems;
                          (iv) the ability of the recipient to 
                        carry out research, education, and 
                        technology transfer activities that are 
                        multimodal and multidisciplinary in 
                        scope;
                          (v) the demonstrated commitment of 
                        the recipient to carry out 
                        transportation workforce development 
                        programs through--
                                  (I) degree-granting programs 
                                or programs that provide other 
                                industry-recognized 
                                credentials; and
                                  (II) outreach activities to 
                                attract new entrants into the 
                                transportation field, including 
                                women and underrepresented 
                                populations;
                          (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 strategic plan submitted 
                        by the recipient describing the 
                        proposed research to be carried out by 
                        the recipient and 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, such as through 
                        cost sharing and overall reduced 
                        overhead, facilities, and 
                        administrative costs.
          (5) 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 Committees on Transportation and 
                Infrastructure and Science, Space, and 
                Technology 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 (4) that 
                includes--
                          (i) specific criteria of evaluation 
                        used in the review;
                          (ii) descriptions of the review 
                        process; and
                          (iii) explanations of the selected 
                        awards.
          (6) Outside stakeholders.--The Secretary shall, to 
        the maximum extent practicable, consult external 
        stakeholders, including the Transportation Research 
        Board of the National Research Council of the National 
        Academies, to evaluate and competitively review all 
        proposals.
          (7) Focused research considerations.--In awarding 
        grants under this section, the Secretary shall consider 
        how the program under this section advances research on 
        the cybersecurity implications of technologies relating 
        to connected vehicles, connected infrastructure, and 
        automated vehicles.
  (c) Grants.--
          (1) In general.--[Not later than 1 year after the 
        date of enactment of this section,]
                  (A) Selection of grants._Not later than 1 
                year after the date of enactment of the INVEST 
                in America Act,  the Secretary shall select 
                grant recipients under subsection (b) and make 
                grant amounts available to the selected 
                recipients.
                  (B) Limitations.--A grant under this 
                subsection may not include a cooperative 
                agreement described in section 6305 of title 
                31.
          (2) National transportation centers.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary shall provide grants to [5 
                consortia] 6 consortia that the Secretary 
                determines best meet the criteria described in 
                subsection (b)(4).
                  (B) Restrictions.--
                          (i) In general.--For each fiscal 
                        year, a grant made available under this 
                        paragraph shall be [not greater than 
                        $4,000,000 and not less than 
                        $2,000,000] not greater than $4,250,000 
                        and not less than $2,250,000 per 
                        recipient.
                          (ii) Focused research.--A consortium 
                        receiving a grant under this paragraph 
                        shall focus research on 1 of the 
                        transportation issue areas specified in 
                        [section 6503(c)] subsection (b)(4)(A).
                  (C) Matching requirement.--
                          (i) In general.--As a condition of 
                        receiving a grant under this paragraph, 
                        a grant recipient shall match [100 
                        percent] 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) of title 
                                23; or
                                  (II) section 505 of title 23.
                  (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).
          (3) Regional university transportation centers.--
                  (A) Location of regional centers.--One 
                regional university transportation center shall 
                be located in each of the 10 Federal regions 
                that comprise the Standard Federal Regions 
                established by the Office of Management and 
                Budget in the document entitled ``Standard 
                Federal Regions'' and dated April 1974 
                (circular A-105).
                  (B) Selection criteria.--In conducting a 
                competition under subsection (b), the Secretary 
                shall provide grants to 10 consortia on the 
                basis of--
                          (i) the criteria described in 
                        subsection (b)(4);
                          (ii) the location of the lead center 
                        within the Federal region to be served; 
                        and
                          (iii) whether the consortium of 
                        institutions demonstrates that the 
                        consortium has a well-established, 
                        nationally recognized program in 
                        transportation research and education, 
                        as evidenced by--
                                  (I) recent expenditures by 
                                the institution in highway or 
                                public transportation research;
                                  (II) a historical track 
                                record of awarding graduate 
                                degrees in professional fields 
                                closely related to highways and 
                                public transportation; and
                                  (III) an experienced faculty 
                                who specialize in professional 
                                fields closely related to 
                                highways and public 
                                transportation.
                  (C) Restrictions.--For each fiscal year, a 
                grant made available under this paragraph shall 
                be [not greater than $3,000,000 and not less 
                than $1,500,000] not greater than $3,250,000 
                and not less than $1,750,000 per recipient.
                  (D) Matching requirements.--
                          (i) In general.--As a condition of 
                        receiving a grant under this paragraph, 
                        a grant recipient shall match [100 
                        percent] 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) of title 
                                23; or
                                  (II) section 505 of title 23.
                  [(E) Focused research.--The Secretary shall 
                make a grant to 1 of the 10 regional university 
                transportation centers established under this 
                paragraph for the purpose of furthering the 
                objectives described in subsection (a)(2) in 
                the field of comprehensive transportation 
                safety, congestion, connected vehicles, 
                connected infrastructure, and autonomous 
                vehicles.]
          (4) Tier 1 university transportation centers.--
                  (A) In general.--The Secretary shall provide 
                grants of not [greater than $2,000,000 and not 
                less than $1,000,000] greater than $2,250,000 
                and not less than $1,250,000 to not more than 
                20 recipients to carry out this paragraph.
                  (B) Matching requirement.--
                          (i) In general.--As a condition of 
                        receiving a grant under this paragraph, 
                        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) of title 
                                23; or
                                  (II) section 505 of title 23.
                  [(C) Focused research.--In awarding grants 
                under this section, consideration shall be 
                given to minority institutions, as defined by 
                section 365 of the Higher Education Act of 1965 
                (20 U.S.C. 1067k), or consortia that include 
                such institutions that have demonstrated an 
                ability in transportation-related research.]
                  (C) Consideration.--In awarding grants under 
                this section, the Secretary shall consider 
                historically black colleges and universities, 
                as such term is defined in section 371(a) of 
                the Higher Education Act of 1965 (20 U.S.C. 
                1067q), and other minority institutions, as 
                such term is defined by section 365 of the 
                Higher Education Act (20 U.S.C. 1067k), or 
                consortia that include such institutions that 
                have demonstrated an ability in transportation-
                related research.
                  (D) Focused research.--
                          (i) In general.--In awarding grants 
                        under this section, the Secretary shall 
                        select not less than one grant 
                        recipient with each of the following 
                        focus areas:
                                  (I) Transit.
                                  (II) Connected and automated 
                                vehicle technology, including 
                                cybersecurity implications of 
                                technologies relating to 
                                connected vehicles, connected 
                                infrastructure, and automated 
                                vehicle technology.
                                  (III) Non-motorized 
                                transportation, including 
                                bicycle and pedestrian safety.
                                  (IV) The surface 
                                transportation workforce, 
                                including--
                                          (aa) current and 
                                        future workforce needs 
                                        and challenges; and
                                          (bb) the impact of 
                                        technology on the 
                                        transportation sector.
                                  (V) Climate change 
                                mitigation, including--
                                          (aa) researching the 
                                        types of transportation 
                                        projects that are 
                                        expected to provide the 
                                        most significant 
                                        greenhouse gas 
                                        emissions reductions 
                                        from the surface 
                                        transportation sector; 
                                        and
                                          (bb) researching the 
                                        types of transportation 
                                        projects that are not 
                                        expected to provide 
                                        significant greenhouse 
                                        gas emissions 
                                        reductions from the 
                                        surface transportation 
                                        sector.
                          (ii) Additional grants.--In awarding 
                        grants under this section and after 
                        awarding grants pursuant to clause (i), 
                        the Secretary may award any remaining 
                        grants to any grant recipient based on 
                        the criteria described in subsection 
                        (b)(4)(A).
  (d) Program Coordination.--
          (1) In general.--The Secretary shall--
                  (A) coordinate the research, education, and 
                technology transfer activities carried out by 
                grant recipients under this section; and
                  (B) disseminate the results of that research 
                through the establishment and operation of a 
                publicly accessible online information 
                clearinghouse.
          (2) Annual review and evaluation.--Not less 
        frequently than annually, and consistent with the plan 
        developed under section 6503, the Secretary shall--
                  (A) review and evaluate the programs carried 
                out under this section by grant recipients; and
                  (B) submit to the Committees on 
                Transportation and Infrastructure and Science, 
                Space, and Technology of the House of 
                Representatives and the Committees on 
                Environment and Public Works and Commerce, 
                Science, and Transportation of the Senate a 
                report describing that review and evaluation.
          (3) Program evaluation and oversight.--For each of 
        [fiscal years 2016 through 2020] fiscal years 2023 
        through 2026, the Secretary shall expend not more than 
        1 and a half percent of the amounts made available to 
        the Secretary to carry out this section for any 
        coordination, evaluation, and oversight activities of 
        the Secretary under this section.
  (e) Limitation on Availability of Amounts.--Amounts made 
available to the Secretary to carry out this section shall 
remain available for obligation by the Secretary for a period 
of 3 years after the last day of the fiscal year for which the 
amounts are authorized.
  (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.
  [(f)] (g) Information Collection.--Any survey, questionnaire, 
or interview that the Secretary determines to be necessary to 
carry out reporting requirements relating to any program 
assessment or evaluation activity under this section, including 
customer satisfaction assessments, shall not be subject to 
chapter 35 of title 44.

Sec. 5506. Unsolicited research initiative

  (a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall establish a 
program under which an eligible entity may at any time submit 
unsolicited research proposals for funding under this section.
  (b) Criteria.--A research proposal submitted under subsection 
(a) shall meet the purposes of the Secretary's 5-year 
transportation research and development strategic plan 
described in section 6503(c)(1).
  (c) Applications.--To receive funding under this section, 
eligible entities shall submit to the Secretary an application 
that is in such form and contains such information as the 
Secretary may require.
  (d) Report.--Not later than 18 months after the date of 
enactment of this section, and annually thereafter, the 
Secretary shall make available to the public on a public 
website a report on the progress and findings of the program 
established under subsection (a).
  (e) Federal Share.--
          (1) In general.--The Federal share of the cost of an 
        activity carried out under this section may not exceed 
        50 percent.
          (2) Non-Federal share.--All costs directly incurred 
        by the non-Federal partners, including personnel, 
        travel, facility, and hardware development costs, shall 
        be credited toward the non-Federal share of the cost of 
        an activity carried out under this section.
  (f) Funding.--
          (1) In general.--Of the funds made available to carry 
        out the university transportation centers program under 
        section 5505, $2,000,000 shall be available for each of 
        fiscal years 2023 through 2026 to carry out this 
        section.
          (2) Funding flexibility.--
                  (A) In general.--For fiscal years 2023 
                through 2026, funds made available under 
                paragraph (1) shall remain available until 
                expended.
                  (B) Uncommitted funds.--If the Secretary 
                determines, at the end of a fiscal year, funds 
                under paragraph (1) remain unexpended as a 
                result of a lack of meritorious projects under 
                this section, the Secretary may, for the 
                following fiscal year, make remaining funds 
                available under either this section or under 
                section 5505.
  (g) Eligible Entity Defined.--In this section, the term 
``eligible entity'' means--
          (1) a State;
          (2) a unit of local government;
          (3) a transit agency;
          (4) any nonprofit institution of higher education, 
        including a university transportation center under 
        section 5505; and
          (5) a nonprofit organization.

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 is 
        designed to be operated by a level 3 or level 4 
        automated driving system for trips within its 
        operational design domain or a level 5 automated 
        driving system for all trips according to the 
        recommended standards published in April 2021, by the 
        Society of Automotive Engineers International (J3016l9 
        202104) or, when adopted, equivalent standards 
        established by the Secretary under chapter 301 of title 
        49, United States Code, with respect to automated motor 
        vehicles.
          (2) Mobility innovation.--The term ``mobility 
        innovation'' means an activity described in section 
        5316, including mobility on demand and mobility as a 
        service (as such terms are defined in such section).
          (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given the term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001).
          (4) Secondary impacts.--The term ``secondary 
        impacts'' means the impacts on land use, urban design, 
        transportation systems, real estate, accessibility, 
        municipal budgets, social equity, availability and 
        quality of jobs, air quality and climate, energy 
        consumption, and the environment.

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 2023 through 2026.
  (b) Purpose.--The purpose of each campaign carried out under 
the program shall be to achieve the following objectives:
          (1) Increase awareness of career opportunities in the 
        transportation sector, including aviation pilots, 
        safety inspectors, mechanics and technicians, maritime 
        transportation workers, air traffic controllers, flight 
        attendants, truck drivers, engineers, transit workers, 
        railroad workers, and other transportation 
        professionals.
          (2) Increase diversity, including race, gender, 
        ethnicity, and socioeconomic status, of professionals 
        in the transportation sector.
  (c) Advertising.--The Secretary may use, or authorize the use 
of, funds available to carry out the program for the 
development, production, and use of broadcast, digital, and 
print media advertising and outreach in carrying out campaigns 
under this section.
  (d) Authorization of Appropriations.--To carry out this 
section, there are authorized to be appropriated $5,000,000 for 
each fiscal years 2023 through 2026.

           *       *       *       *       *       *       *


            CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

Sec.
     * * * * * * *
[6314. Port performance freight statistics program.]

           *       *       *       *       *       *       *


Sec. 6305. Advisory council on transportation statistics

  (a) In General.--[The Director shall establish and consult 
with an advisory council on transportation statistics.] 
Notwithstanding section 418 of the FAA Reauthorization Act of 
2018 (Public Law 115-254), not later than 6 months after the 
date of enactment of the INVEST in America Act, the Director 
shall establish and consult with an advisory council on 
transportation statistics.
  (b) Function.--The advisory council established under this 
section shall advise the Director on--
          (1) the quality, reliability, consistency, 
        objectivity, and relevance of transportation statistics 
        and analyses collected, supported, or disseminated by 
        the Bureau and the Department; and
          (2) methods to encourage cooperation and 
        interoperability of transportation data collected by 
        the Bureau, the operating administrations of the 
        Department, States, local governments, metropolitan 
        planning organizations, and private sector entities.
  (c) Membership.--
          (1) In general.--The advisory council shall be 
        composed of not fewer than 9 and not more than 11 
        members appointed by the Director.
          (2) Selection.--In selecting members for the advisory 
        council, the Director shall appoint individuals who--
                  (A) are not officers or employees of the 
                United States;
                  (B) possess expertise in--
                          (i) transportation data collection, 
                        analysis, or application;
                          (ii) economics; or
                          (iii) transportation safety; and
                  (C) represent a cross section of 
                transportation stakeholders, to the greatest 
                extent possible.
  (d) Terms of Appointment.--
          (1) In general.--Except as provided in paragraph (2), 
        members of the advisory council shall be appointed to 
        staggered terms not to exceed 3 years.
          (2) Additional terms.--A member may be renominated 
        for 1 additional 3-year term.
          [(3) Current members.--A member serving on an 
        advisory council on transportation statistics on the 
        day before the date of enactment of the Transportation 
        Research and Innovative Technology Act of 2012 shall 
        serve until the end of the appointed term of the 
        member.]
  (e) Applicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
the advisory council established under this section, except 
that section 14 of that Act shall not apply.

           *       *       *       *       *       *       *


Sec. 6307. Furnishing of information, data, or reports by Federal 
                    agencies

  (a) In General.--Except as provided in subsection (b), a 
Federal agency requested to furnish information, data, or 
reports by the Director under section 6302(b)(3)(B) shall 
provide the information to the Director.
  (b) Prohibition on Certain Disclosures.--
          (1) In general.--An officer, employee, or contractor 
        of the Bureau may not--
                  (A) make any disclosure in which the data 
                provided by an individual or organization under 
                section 6302(b)(3)(B) [or section 6314(b)] can 
                be identified;
                  (B) use the information provided under 
                section 6302(b)(3)(B) [or section 6314(b)] for 
                a nonstatistical purpose; or
                  (C) permit anyone other than an individual 
                authorized by the Director to examine any 
                individual report provided under section 
                6302(b)(3)(B) [or section 6314(b)].
          (2) Copies of reports.--
                  (A) In general.--No department, bureau, 
                agency, officer, or employee of the United 
                States (except the Director in carrying out 
                this chapter) may require, for any reason, a 
                copy of any report that has been filed under 
                section 6302(b)(3)(B) [or section 6314(b)] with 
                the Bureau or retained by an individual 
                respondent.
                  (B) Limitation on judicial proceedings.--A 
                copy of a report described in subparagraph (A) 
                that has been retained by an individual 
                respondent or filed with the Bureau or any of 
                the employees, contractors, or agents of the 
                Bureau--
                          (i) shall be immune from legal 
                        process; and
                          (ii) shall not, without the consent 
                        of the individual concerned, be 
                        admitted as evidence or used for any 
                        purpose in any action, suit, or other 
                        judicial or administrative proceedings.
                  (C) Applicability.--This paragraph shall 
                apply only to reports that permit information 
                concerning an individual or organization to be 
                reasonably determined by direct or indirect 
                means.
          (3) Informing respondent of use of data.--If the 
        Bureau is authorized by statute to collect data or 
        information for a nonstatistical purpose, the Director 
        shall clearly distinguish the collection of the data or 
        information, by rule and on the collection instrument, 
        in a manner that informs the respondent who is 
        requested or required to supply the data or information 
        of the nonstatistical purpose.
  (c) Transportation and Transportation-related Data Access.--
The Director shall be provided access to any transportation and 
transportation-related information in the possession of any 
Federal agency, except--
          (1) information that is expressly prohibited by law 
        from being disclosed to another Federal agency; or
          (2) information that the agency possessing the 
        information determines could not be disclosed without 
        significantly impairing the discharge of authorities 
        and responsibilities which have been delegated to, or 
        vested by law, in such agency.

           *       *       *       *       *       *       *


[Sec. 6314. Port performance freight statistics program

  [(a) In General.--The Director shall establish, on behalf of 
the Secretary, a port performance statistics program to provide 
nationally consistent measures of performance of, at a 
minimum--
          [(1) the Nation's top 25 ports by tonnage;
          [(2) the Nation's top 25 ports by 20-foot equivalent 
        unit; and
          [(3) the Nation's top 25 ports by dry bulk.
  [(b) Reports.--
          [(1) Port capacity and throughput.--Not later than 
        January 15 of each year, the Director shall submit an 
        annual report to Congress that includes statistics on 
        capacity and throughput at the ports described in 
        subsection (a).
          [(2) Port performance measures.--The Director shall 
        collect port performance measures for each of the 
        United States ports referred to in subsection (a) 
        that--
                  [(A) receives Federal assistance; or
                  [(B) is subject to Federal regulation to 
                submit necessary information to the Bureau that 
                includes statistics on capacity and throughput 
                as applicable to the specific configuration of 
                the port.
  [(c) Recommendations.--
          [(1) In general.--The Director shall obtain 
        recommendations for--
                  [(A) port performance measures, including 
                specifications and data measurements to be used 
                in the program established under subsection 
                (a); and
                  [(B) a process for the Department to collect 
                timely and consistent data, including 
                identifying safeguards to protect proprietary 
                information described in subsection (b)(2).
          [(2) Working group.--Not later than 60 days after the 
        date of the enactment of the Transportation for 
        Tomorrow Act of 2015, the Director shall commission a 
        working group composed of--
                  [(A) operating administrations of the 
                Department;
                  [(B) the Coast Guard;
                  [(C) the Federal Maritime Commission;
                  [(D) U.S. Customs and Border Protection;
                  [(E) the Marine Transportation System 
                National Advisory Council;
                  [(F) the Army Corps of Engineers;
                  [(G) the Great Lakes St. Lawrence Seaway 
                Development Corporation;
                  [(H) the Bureau of Labor Statistics;
                  [(I) the Maritime Advisory Committee for 
                Occupational Safety and Health;
                  [(J) the Advisory Committee on Supply Chain 
                Competitiveness;
                  [(K) 1 representative from the rail industry;
                  [(L) 1 representative from the trucking 
                industry;
                  [(M) 1 representative from the maritime 
                shipping industry;
                  [(N) 1 representative from a labor 
                organization for each industry described in 
                subparagraphs (K) through (M);
                  [(O) 1 representative from the International 
                Longshoremen's Association;
                  [(P) 1 representative from the International 
                Longshore and Warehouse Union;
                  [(Q) 1 representative from a port authority;
                  [(R) 1 representative from a terminal 
                operator;
                  [(S) representatives of the National Freight 
                Advisory Committee of the Department; and
                  [(T) representatives of the Transportation 
                Research Board of the National Academies of 
                Sciences, Engineering, and Medicine.
          [(3) Recommendations.--Not later than 1 year after 
        the date of the enactment of the Transportation for 
        Tomorrow Act of 2015, the working group commissioned 
        under paragraph (2) shall submit its recommendations to 
        the Director.
  [(d) Access to Data.--The Director shall ensure that--
          [(1) the statistics compiled under this section--
                  [(A) are readily accessible to the public; 
                and
                  [(B) are consistent with applicable security 
                constraints and confidentiality interests; and
          [(2) the data acquired, regardless of source, shall 
        be protected in accordance with section 3572 of title 
        44.]

           *       *       *       *       *       *       *


CHAPTER 65--RESEARCH PLANNING

           *       *       *       *       *       *       *


Sec. 6503. Transportation research and development 5-year strategic 
                    plan

  (a) In General.--[The Secretary] For the period of fiscal 
years 2017 through 2022, and for each 5-year period thereafter, 
the Secretary shall develop a 5-year transportation research 
and development strategic plan to guide future Federal 
transportation research and development activities.
  (b) Consistency.--The strategic plan developed under 
subsection (a) shall be consistent with--
          (1) section 306 of title 5;
          (2) sections 1115 and 1116 of title 31; and
          (3) any other research and development plan within 
        the Department of Transportation.
  (c) Contents.--The strategic plan developed under subsection 
(a) shall--
          (1) describe how the plan furthers the primary 
        purposes of the transportation research and development 
        program, which shall include--
                  (A) improving mobility of people and goods;
                  (B) reducing congestion;
                  (C) promoting safety and security in the 
                transportation system;
                  (D) improving the durability and extending 
                the life of transportation infrastructure and 
                the existing transportation system;
                  (E) preserving the environment[; and];
                  [(F) preserving the existing transportation 
                system;]
                  (F) reducing greenhouse gas emissions; and
                  (G) developing and maintaining a diverse 
                workforce in transportation sectors;
          (2) for each of the purposes referred to in paragraph 
        (1), list the primary proposed research and development 
        activities that the Department of Transportation 
        intends to pursue to accomplish that purpose, which may 
        include--
                  (A) fundamental research pertaining to the 
                applied physical and natural sciences;
                  (B) applied science and research;
                  (C) technology development research; and
                  (D) social science research; and
          (3) for each research and development activity--
                  (A) identify the anticipated annual funding 
                levels for the period covered by the strategic 
                plan; and
                  (B) describe the research findings the 
                Department expects to discover at the end of 
                the period covered by the strategic plan.
  (d) Considerations.--The Secretary shall ensure that the 
strategic plan developed under this section--
          (1) reflects input from a wide range of external 
        stakeholders;
          (2) includes and integrates the research and 
        development programs of all of the modal 
        administrations of the Department of Transportation, 
        including aviation, transit, rail, and maritime and 
        joint programs;
          (3) takes into account research and development by 
        other Federal, State, local, private sector, and 
        nonprofit institutions;
          (4) [not later than December 31, 2016,] not later 
        than December 31, 2022, is published on a public 
        website; and
          (5) takes into account how research and development 
        by other Federal, State, private sector, and nonprofit 
        institutions--
                  (A) contributes to the achievement of the 
                purposes identified under subsection (c)(1); 
                and
                  (B) avoids unnecessary duplication of those 
                efforts.
  (e) Interim Report.--Not later than 2 1/2 years after the 
date of enactment of this chapter, the Secretary may publish on 
a public website an interim report that--
          (1) provides an assessment of the 5-year research and 
        development strategic plan of the Department of 
        Transportation described in this section; and
          (2) includes a description of the extent to which the 
        research and development is or is not successfully 
        meeting the purposes described under subsection (c)(1).

           *       *       *       *       *       *       *


          CHAPTER 66--DOMESTIC PRODUCTION OF ELECTRIC VEHICLES

Sec.
6601. Task force.
6602. Critical mineral sourcing.

Sec. 6601. Task force

  (a) Establishment.--The Secretary of Transportation shall 
establish a Task Force to Promote American Vehicle 
Competitiveness (hereinafter referred to as the ``Task Force'') 
in accordance with this section.
  (b) Membership.--
          (1) In general.--The Task Force shall be composed of 
        the following officers:
                  (A) The Secretary of Transportation.
                  (B) The Secretary of the Interior.
                  (C) The Secretary of Commerce.
                  (D) The Secretary of Energy.
                  (E) The Administrator of the Environmental 
                Protection Agency.
          (2) Additional members.--The Secretary may designate 
        additional members to serve on the Task Force.
          (3) Officers.--The Secretary of Transportation shall 
        serve as Chair and may designate officials to serve as 
        the Vice Chair, and on any working groups of the task 
        force.
  (c) Duties.--The Task Force shall--
          (1) identify and resolve any jurisdictional or 
        regulatory gaps or inconsistencies associated with 
        domestic sourcing and production of electric vehicle 
        batteries to eliminate, so far as practicable, 
        impediments to the prompt and safe deployment of 
        domestically produced electric vehicle batteries, 
        including with respect to safety regulation and 
        oversight, environmental review, and funding issues;
          (2) coordinate agency oversight of nontraditional and 
        emerging electric vehicle battery sourcing and 
        production technologies, projects, and engagement with 
        external stakeholders;
          (3) within applicable statutory authority other than 
        this subsection, develop, recommend, and establish 
        processes, solutions, and best practices for 
        identifying, managing, and resolving issues regarding 
        domestic sourcing and production of electric vehicle 
        batteries; and
          (4) carry out such additional duties as the Secretary 
        of Transportation may prescribe, to the extend 
        consistent with this title.
  (d) Report.--Not later than 12 months after the date of 
enactment of this section, and annually thereafter, the Task 
Force shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on the Environment and Public Works of the Senate a 
report containing findings on electric vehicle battery sourcing 
and production issues in the United States, recommended 
strategies or measures to streamline sourcing and production 
and promote American competitiveness, and any recommended 
legislative solutions.

Sec. 6602. Critical mineral sourcing

  (a) In General.--The Secretary of Transportation, in 
conjunction with the Task Force to Promote American Vehicle 
Competitiveness, shall coordinate with the appropriate agencies 
to increase domestic sourcing of critical minerals and domestic 
production of electric vehicle batteries.
  (b) Department Coordination.--The Department of 
Transportation shall coordinate with the Task Force and 
prioritize accordingly when making awards under section 5339(c) 
and sections 151 and 155 of title 23.

           *       *       *       *       *       *       *


SUBTITLE IV--INTERSTATE TRANSPORTATION

           *       *       *       *       *       *       *


PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

           *       *       *       *       *       *       *


                       CHAPTER 135--JURISDICTION

SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION

           *       *       *       *       *       *       *


Sec. 13506. Miscellaneous motor carrier transportation exemptions

  (a) In General.--Neither the Secretary nor the Board has 
jurisdiction under this part over--
          (1) a motor vehicle transporting only school children 
        and teachers to or from school;
          (2) a motor vehicle providing taxicab service;
          (3) a motor vehicle owned or operated by or for a 
        hotel and only transporting hotel patrons between the 
        hotel and the local station of a carrier;
          (4) a motor vehicle controlled and operated by a 
        farmer and transporting--
                  (A) the farmer's agricultural or 
                horticultural commodities and products; or
                  (B) supplies to the farm of the farmer;
          (5) a motor vehicle controlled and operated by a 
        cooperative association (as defined by section 15(a) of 
        the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or 
        by a federation of cooperative associations if the 
        federation has no greater power or purposes than a 
        cooperative association, except that if the cooperative 
        association or federation provides transportation for 
        compensation between a place in a State and a place in 
        another State, or between a place in a State and 
        another place in the same State through another State--
                  (A) for a nonmember that is not a farmer, 
                cooperative association, federation, or the 
                United States Government, the transportation 
                (except for transportation otherwise exempt 
                under this subchapter)--
                          (i) shall be limited to 
                        transportation incidental to the 
                        primary transportation operation of the 
                        cooperative association or federation 
                        and necessary for its effective 
                        performance; and
                          (ii) may not exceed in each fiscal 
                        year 25 percent of the total 
                        transportation of the cooperative 
                        association or federation between those 
                        places, measured by tonnage; and
                  (B) the transportation for all nonmembers may 
                not exceed in each fiscal year, measured by 
                tonnage, the total transportation between those 
                places for the cooperative association or 
                federation and its members during that fiscal 
                year;
          (6) transportation by motor vehicle of--
                  (A) ordinary livestock;
                  (B) agricultural or horticultural commodities 
                (other than manufactured products thereof);
                  (C) commodities listed as exempt in the 
                Commodity List incorporated in ruling numbered 
                107, March 19, 1958, Bureau of Motor Carriers, 
                Interstate Commerce Commission, other than 
                frozen fruits, frozen berries, frozen 
                vegetables, cocoa beans, coffee beans, tea, 
                bananas, or hemp, or wool imported from a 
                foreign country, wool tops and noils, or wool 
                waste (carded, spun, woven, or knitted);
                  (D) cooked or uncooked fish, whether breaded 
                or not, or frozen or fresh shellfish, or 
                byproducts thereof not intended for human 
                consumption, other than fish or shellfish that 
                have been treated for preserving, such as 
                canned, smoked, pickled, spiced, corned, or 
                kippered products; and
                  (E) livestock and poultry feed and 
                agricultural seeds and plants, if such products 
                (excluding products otherwise exempt under this 
                paragraph) are transported to a site of 
                agricultural production or to a business 
                enterprise engaged in the sale to agricultural 
                producers of goods used in agricultural 
                production;
          (7) a motor vehicle used only to distribute 
        newspapers;
          (8)(A) transportation of passengers by motor vehicle 
        incidental to transportation by aircraft;
          (B) transportation of property (including baggage) by 
        motor vehicle as part of a continuous movement which, 
        prior or subsequent to such part of the continuous 
        movement, has been or will be transported by an air 
        carrier or (to the extent so agreed by the United 
        States and approved by the Secretary) by a foreign air 
        carrier; or
          (C) transportation of property by motor vehicle in 
        lieu of transportation by aircraft because of adverse 
        weather conditions or mechanical failure of the 
        aircraft or other causes due to circumstances beyond 
        the control of the carrier or shipper;
          (9) the operation of a motor vehicle in a national 
        park or national monument;
          (10) a motor vehicle carrying not more than 15 
        individuals in a single, daily roundtrip to commute to 
        and from work;
          (11) transportation of used pallets and used empty 
        shipping containers (including intermodal cargo 
        containers), and other used shipping devices (other 
        than containers or devices used in the transportation 
        of motor vehicles or parts of motor vehicles);
          (12) transportation of natural, crushed, vesicular 
        rock to be used for decorative purposes;
          (13) transportation of wood chips;
          (14) brokers for motor carriers of passengers, except 
        as provided in section 13904(d);
          (15) transportation of broken, crushed, or powdered 
        glass; or
          (16) the transportation of passengers by 9 to 15 
        passenger motor vehicles operated by youth or family 
        camps that provide recreational or educational 
        activities.
  (b) Exempt Unless Otherwise Necessary.--Except to the extent 
the Secretary or Board, as applicable, finds it necessary to 
exercise jurisdiction to carry out the transportation policy of 
section 13101, neither the Secretary nor the Board has 
jurisdiction under this part over--
          (1) transportation provided entirely in a 
        municipality, in contiguous municipalities, or in a 
        zone that is adjacent to, and commercially a part of, 
        the municipality or municipalities, except--
                  (A) when the transportation is under common 
                control, management, or arrangement for a 
                continuous carriage or shipment to or from a 
                place outside the municipality, municipalities, 
                or zone; or
                  (B) that in transporting passengers over a 
                route between a place in a State and a place in 
                another State, or between a place in a State 
                and another place in the same State through 
                another State, the transportation is exempt 
                from jurisdiction under this part only if the 
                motor carrier operating the motor vehicle also 
                is lawfully providing intrastate transportation 
                of passengers over the entire route under the 
                laws of each State through which the route 
                runs;
          (2) transportation by motor vehicle provided 
        casually, occasionally, or reciprocally but not as a 
        regular occupation or business, except when a broker or 
        other person sells or offers for sale passenger 
        transportation provided by a person authorized to 
        transport passengers by motor vehicle under an 
        application pending, or registration issued, under this 
        part; [or]
          (3) the emergency towing of an accidentally wrecked 
        or disabled motor vehicle[.]; or
          (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.

           *       *       *       *       *       *       *


SUBTITLE V--RAIL PROGRAMS

           *       *       *       *       *       *       *


PART A--SAFETY

           *       *       *       *       *       *       *


                          CHAPTER 201--GENERAL

                          SUBCHAPTER I--GENERAL

Sec.
     * * * * * * *
20122. New passenger service pre-revenue safety validation plan.

               SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY

     * * * * * * *
20169. Freight train crew size safety standards.
20170. Assault prevention and response plans.
20171. Audit of qualification and certification programs.
20172. Safety management team communication.
20173. Time limit for blocking public highway-rail grade crossing.
20174. National blocked crossing database.

SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *


Sec. 20103. General authority

  (a) Regulations and Orders.--The Secretary of Transportation, 
as necessary, shall prescribe regulations and issue orders for 
every area of railroad safety supplementing laws and 
regulations in effect on October 16, 1970. When prescribing a 
security regulation or issuing a security order that affects 
the safety of railroad operations, the Secretary of Homeland 
Security shall consult with the Secretary.
  (b) Regulations of Practice for Proceedings.--The Secretary 
shall prescribe regulations of practice applicable to each 
proceeding under this chapter. The regulations shall reflect 
the varying nature of the proceedings and include time limits 
for disposition of the proceedings. The time limit for 
disposition of a proceeding may not be more than 12 months 
after the date it begins.
  (c) Consideration of Information and Standards.--In 
prescribing regulations and issuing orders under this section, 
the Secretary shall consider existing relevant safety 
information and standards.
  [(d) Nonemergency Waivers.--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. The Secretary 
shall make public the reasons for granting the waiver.]
  (d) Nonemergency Waivers.--
          (1) In general.--The Secretary may waive or suspend 
        compliance with any part of a regulation prescribed or 
        order issued under this chapter if the waiver or 
        suspension is in the public interest and consistent 
        with railroad safety.
          (2) Notice required.--The Secretary shall--
                  (A) provide timely public notice of any 
                request for a waiver or suspension under this 
                subsection;
                  (B) make the application for such waiver or 
                suspension and any related underlying data 
                available to interested parties;
                  (C) provide the public with notice and a 
                reasonable opportunity to comment on a proposed 
                waiver or suspension under this subsection 
                before making a final decision; and
                  (D) make public the reasons for granting a 
                waiver or suspension under this subsection.
          (3) Information protection.--Nothing in this 
        subsection shall be construed to require the release of 
        information protected by law from public disclosure.
  (e) Hearings.--The Secretary shall conduct a hearing as 
provided by section 553 of title 5 when prescribing a 
regulation or issuing an order under this part, including a 
regulation or order establishing, amending, or providing a 
waiver, described in subsection (d), of compliance with a 
railroad safety regulation prescribed or order issued under 
this part. An opportunity for an oral presentation shall be 
provided.
  (f) Tourist Railroad Carriers.--In prescribing regulations 
that pertain to railroad safety that affect tourist, historic, 
scenic, or excursion railroad carriers, the Secretary of 
Transportation shall take into consideration any financial, 
operational, or other factors that may be unique to such 
railroad carriers. The Secretary shall submit a report to 
Congress not later than September 30, 1995, on actions taken 
under this subsection.
  (g) Emergency Waivers.--
          (1) In general.--The Secretary may waive compliance 
        with any part of a regulation prescribed or order 
        issued under this part without prior notice and comment 
        if the Secretary determines that--
                  (A) it is in the public interest to grant the 
                waiver;
                  (B) the waiver is not inconsistent with 
                railroad safety; and
                  (C) the waiver is necessary to address an 
                actual or impending emergency situation or 
                emergency event.
          (2) Period of waiver.--A waiver under this subsection 
        may be issued for a period of not more than 60 days and 
        may be renewed upon application to the Secretary only 
        after notice and an opportunity for a hearing on the 
        waiver. The Secretary shall immediately revoke the 
        waiver if continuation of the waiver would not be 
        consistent with the goals and objectives of this part.
          (3) Statement of reasons.--The Secretary shall state 
        in the decision issued under this subsection the 
        reasons for granting the waiver.
          (4) Consultation.--In granting a waiver under this 
        subsection, the Secretary shall consult and coordinate 
        with other Federal agencies, as appropriate, for 
        matters that may impact such agencies.
          (5) Emergency situation; emergency event.--In this 
        subsection, the terms ``emergency situation'' and 
        ``emergency event'' mean a natural or manmade disaster, 
        such as a hurricane, flood, earthquake, mudslide, 
        forest fire, snowstorm, terrorist act, biological 
        outbreak, release of a dangerous radiological, 
        chemical, explosive, or biological material, or a war-
        related activity, that poses a risk of death, serious 
        illness, severe injury, or substantial property damage. 
        The disaster may be local, regional, or national in 
        scope.

           *       *       *       *       *       *       *


Sec. 20108. Research, development, testing, and training

  (a) General.--The Secretary of Transportation shall carry 
out, as necessary, research, development, testing, evaluation, 
and training for every area of railroad safety.
  (b) Contracts.--To carry out this part, the Secretary may 
make contracts for, and carry out, research, development, 
testing, evaluation, and training (particularly for those areas 
of railroad safety found to need prompt attention).
  (c) Amounts From Non-Government Sources for Training Safety 
Employees.--The Secretary may request, receive, and expend 
amounts received from non-United States Government sources for 
expenses incurred in training safety employees of private 
industry, State and local authorities, or other public 
authorities, except State rail safety inspectors participating 
in training under section 20105 of this title.
  (d) Rail Research and Development Center of Excellence.--
          (1) Center of excellence.--The Secretary may provide 
        a grant to an entity described in paragraph (2) to 
        establish a Center of Excellence to advance research 
        and development that improves the safety, efficiency, 
        and reliability of passenger and freight rail 
        transportation.
          (2) Eligibility.--An institution of higher education 
        (as defined in section 101 of the Higher Education Act 
        of 1965 (20 U.S.C. 1002)) or a consortium of nonprofit 
        institutions of higher education shall be eligible to 
        receive a grant under this subsection.
          (3) Selection criteria.--In awarding a grant under 
        this subsection, the Secretary may--
                  (A) give preference to an applicant with 
                strong past performance related to rail 
                research, education, and workforce development 
                activities;
                  (B) consider the extent to which the 
                applicant would involve public passenger and 
                private and public freight railroad operators; 
                and
                  (C) consider the regional and national 
                impacts of the applicant's proposal.
          (4) Use of funds.--Amounts awarded under this 
        subsection may be used to establish and operate the 
        Center of Excellence described in paragraph (1) and for 
        research, evaluation, education, and workforce 
        development and training efforts related to safety, 
        environmental sustainability, and reliability of rail 
        transportation, including--
                  (A) rolling stock;
                  (B) positive train control;
                  (C) human factors, systems design, or 
                fatigue;
                  (D) rail infrastructure;
                  (E) shared corridors;
                  (F) grade crossings;
                  (G) rail systems maintenance;
                  (H) network resiliency;
                  (I) programs to train railroad workers in 
                needed skills; and
                  (J) the development of programs or 
                partnerships to raise awareness of railroad 
                employment opportunities, in coordination with 
                the Federal Railroad Administration.
          (5) Federal share.--The Federal share of the cost of 
        an activity carried out with a grant under this 
        subsection shall be 50 percent.

           *       *       *       *       *       *       *


[Sec. 20117. Authorization of appropriations

  [(a) In General.--(1) There are authorized to be appropriated 
to the Secretary of Transportation to carry out this part and 
to carry out responsibilities under chapter 51 as delegated or 
authorized by the Secretary--
          [(A) $225,000,000 for fiscal year 2009;
          [(B) $245,000,000 for fiscal year 2010;
          [(C) $266,000,000 for fiscal year 2011;
          [(D) $289,000,000 for fiscal year 2012; and
          [(E) $293,000,000 for fiscal year 2013.
  [(2) With amounts appropriated pursuant to paragraph (1), the 
Secretary shall purchase Gage Restraint Measurement System 
vehicles and track geometry vehicles or other comparable 
technology as needed to assess track safety consistent with the 
results of the track inspection study required by section 403 
of the Rail Safety Improvement Act of 2008.
  [(3) There are authorized to be appropriated to the Secretary 
$18,000,000 for the period encompassing fiscal years 2009 
through 2013 to design, develop, and construct the Facility for 
Underground Rail Station and Tunnel at the Transportation 
Technology Center in Pueblo, Colorado. The facility shall be 
used to test and evaluate the vulnerabilities of above-ground 
and underground rail tunnels to prevent accidents and incidents 
in such tunnels, to mitigate and remediate the consequences of 
any such accidents or incidents, and to provide a realistic 
scenario for training emergency responders.
  [(4) Such sums as may be necessary from the amount 
appropriated pursuant to paragraph (1) for each of the fiscal 
years 2009 through 2013 shall be made available to the 
Secretary for personnel in regional offices and in Washington, 
D.C., whose duties primarily involve rail security.
  [(b) Grade Crossing Safety.--Not more than $1,000,000 may be 
appropriated to the Secretary for improvements in grade 
crossing safety, except demonstration projects under section 
20134(c) of this title. Amounts appropriated under this 
subsection remain available until expended.
  [(c) Research and Development, Automated Track Inspection, 
and State Participation Grants.--Amounts appropriated under 
this section for research and development, automated track 
inspection, and grants under section 20105(e) of this title 
remain available until expended.
  [(d) Minimum Available for Certain Purposes.--At least 50 
percent of the amounts appropriated to the Secretary for a 
fiscal year to carry out railroad research and development 
programs under this chapter or another law shall be available 
for safety research, improved track inspection and information 
acquisition technology, improved railroad freight 
transportation, and improved railroad passenger systems.
  [(e) Operation Lifesaver.--In addition to amounts otherwise 
authorized by law, there are authorized to be appropriated for 
railroad research and development $300,000 for fiscal year 
1995, $500,000 for fiscal year 1996, and $750,000 for fiscal 
year 1997, to support Operation Lifesaver, Inc.]

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) $290,500,000 for fiscal year 2022;
                  (B) $303,300,000 for fiscal year 2023;
                  (C) $316,100,000 for fiscal year 2024;
                  (D) $324,400,000 for fiscal year 2025; and
                  (E) $332,900,000 for fiscal year 2026.
          (2) Automated track inspection program and data 
        analysis.--From the funds made available under 
        paragraph (1) for each of fiscal years 2022 through 
        2026, not more than $17,000,000 may be expended for the 
        Automated Track Inspection Program and data analysis 
        related to track inspection. Such funds shall remain 
        available until expended.
          (3) State participation grants.--Amounts made 
        available under paragraph (1) for grants under section 
        20105(e) shall remain available until expended.
          (4) Regional planning guidance.--The Secretary may 
        withhold up to $20,000,000 from the amounts made 
        available for each fiscal year under paragraph (1) to 
        facilitate and provide guidance for regional planning 
        processes, including not more than $500,000 annually 
        for each interstate rail compact.
          (5) Railroad safety inspectors.--
                  (A) In general.--The Secretary shall ensure 
                that the number of full-time equivalent 
                railroad safety inspection personnel employed 
                by the Office of Railroad Safety of the Federal 
                Railroad Administration does not fall below the 
                following:
                          (i) 379 for fiscal year 2022;
                          (ii) 403 for fiscal year 2023;
                          (iii) 422 for fiscal year 2024;
                          (iv) 424 for fiscal year 2025; and
                          (v) 426 for fiscal year 2026.
                  (B) Consideration.--In meeting the minimum 
                railroad safety inspector levels under 
                subparagraph (A), the Secretary shall consider 
                the ability of railroad safety inspectors to 
                analyze railroad safety data.
                  (C) Funding.--From the amounts made available 
                to the Secretary under subsection (a)(1), the 
                Secretary shall use the following amounts to 
                carry out subparagraph (A):
                          (i) $3,244,104 for fiscal year 2022.
                          (ii) $6,488,208 for fiscal year 2023.
                          (iii) $9,056,457 for fiscal year 
                        2024.
                          (iv) $9,326,799 for fiscal year 2025.
                          (v) $9,597,141 for fiscal year 2026.
          (6) Other safety personnel.--
                  (A) Increase in number of support 
                employees.--The Secretary shall, for each of 
                fiscal years 2022 and 2023, increase by 10 the 
                total number of full-time equivalent employees 
                working as specialists, engineers, or analysts 
                in the field supporting inspectors compared to 
                the number of such employees employed in the 
                previous fiscal year.
                  (B) Funding.--From the amounts made available 
                to the Secretary under subsection (a)(1), the 
                Secretary shall use the following amounts to 
                carry out subparagraph (A):
                          (i) $1,631,380 for fiscal year 2022.
                          (ii) $3,262,760 for fiscal year 2023.
                          (iii) $3,262,760 for fiscal year 
                        2024.
                          (iv) $3,262,760 for fiscal year 2025.
                          (v) $3,262,760 for fiscal year 2026.
  (b) Railroad Research and Development.--
          (1) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of 
        Transportation for necessary expenses for carrying out 
        railroad research and development activities the 
        following amounts which shall remain available until 
        expended:
                  (A) $67,000,000 for fiscal year 2022.
                  (B) $69,000,000 for fiscal year 2023.
                  (C) $71,000,000 for fiscal year 2024.
                  (D) $73,000,000 for fiscal year 2025.
                  (E) $75,000,000 for fiscal year 2026.
          (2) Short line safety.--From funds made available 
        under paragraph (1) for each of fiscal years 2022 
        through 2026, the Secretary may expend not more than 
        $4,000,000--
                  (A) for grants to improve safety practices 
                and training for Class II and Class III 
                freight, commuter, and intercity passenger 
                railroads; and
                  (B) to develop safety management systems for 
                Class II and Class III freight, commuter, and 
                intercity passenger railroads through the 
                continued development of safety culture 
                assessments, transportation emergency response 
                plans, training and education, outreach 
                activities, best practices for trespassing 
                prevention and employee trauma response, and 
                technical assistance.
          (3) University rail climate innovation institute.--
                  (A) In general.--Of the amounts made 
                available under paragraph (1), the Secretary 
                may make available up to $20,000,000 for each 
                of fiscal years 2022 through 2026 to establish 
                the University Rail Climate Innovation 
                Institute under section 22913.
                  (B) Project management oversight.--The 
                Secretary may withhold up to 1 percent from the 
                total amounts appropriated under subparagraph 
                (A) for the costs of project management 
                oversight of the grant carried out under 
                section 22913.
          (4) Suicide prevention research funding.--From funds 
        made available under paragraph (1) for each of fiscal 
        years 2022 through 2026, the Secretary may make 
        available not less than $1,000,000 for human factors 
        research undertaken by the Federal Railroad 
        Administration, including suicide countermeasure 
        evaluation, data exploration and quality improvement, 
        and other initiatives as appropriate.

           *       *       *       *       *       *       *


Sec. 20122. New passenger service pre-revenue safety validation plan

  (a) Safety Validation Plan.--
          (1) In general.--The Secretary of Transportation 
        shall require a covered entity to submit to the 
        Secretary a safety validation plan to ensure the safe 
        operation of--
                  (A) a new intercity rail passenger 
                transportation or commuter rail passenger 
                transportation service;
                  (B) an intercity rail passenger 
                transportation or commuter rail passenger 
                transportation route that has not been in 
                revenue service for a period of more than 180 
                days; or
                  (C) an extension of an existing intercity 
                rail passenger transportation or commuter rail 
                passenger transportation route.
          (2) Submission.--A covered entity shall submit a 
        safety validation plan required under paragraph (1) not 
        later than 30 days before the date on which such entity 
        begins revenue service of a service or route described 
        in paragraph (1).
  (b) Requirements.--
          (1) In general.--Not later than 60 days after the 
        date of enactment of the TRAIN Act, the Secretary shall 
        establish the requirements of the safety validation 
        plan described under subsection (a), including adequate 
        training of all relevant personnel and a minimum period 
        of simulated service to ensure operational readiness.
          (2) Prohibition of service.--The Secretary shall 
        prohibit a covered entity from beginning a service 
        described in subsection (a)(1) until the entity is in 
        full compliance with the safety validation plan 
        required by such subsection.
  (c) Amendment to Safety Validation Plan.--
          (1) In general.--The Secretary shall require a 
        covered entity to submit to the Secretary for review 
        and approval any proposed amendment to a safety 
        validation plan required under subsection (a).
          (2) Review and approval.--Not later than 5 working 
        days after the date on which the Secretary receives a 
        proposed amendment submitted under paragraph (1), the 
        Secretary shall review and approve or deny such 
        proposed amendment.
          (3) Notification.--If the Secretary does not approve 
        a proposed amendment submitted under this subsection, 
        the Secretary shall provide written notice to the 
        covered entity of the specific areas in which the 
        proposed amendment is deficient. An entity may correct 
        such deficiencies and reapply for review and approval 
        under this subsection.
  (d) Definitions.--In this section:
          (1) Covered entity.--The term ``covered entity'' 
        means an entity providing regularly scheduled railroad 
        transportation that is intercity rail passenger 
        transportation or commuter rail passenger 
        transportation.
          (2) Intercity rail passenger transportation; commuter 
        rail passenger transportation.--The terms ``intercity 
        rail passenger transportation'' and ``commuter rail 
        passenger transportation'' have the meanings given such 
        terms in section 24102.

SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY

           *       *       *       *       *       *       *


Sec. 20152. Notification of grade crossing problems

  (a) In General.--Not later than 18 months after the date of 
enactment of the Rail Safety Improvement Act of 2008, the 
Secretary of Transportation shall require each railroad carrier 
to--
          (1) establish and maintain a toll-free telephone 
        service for rights-of-way over which it dispatches 
        trains, to directly receive calls reporting--
                  (A) malfunctions of signals, crossing gates, 
                and other devices to promote safety at the 
                grade crossing of railroad tracks on those 
                rights-of-way and public or private roads;
                  (B) disabled vehicles blocking railroad 
                tracks at such grade crossings;
                  (C) obstructions to the view of a pedestrian 
                or a vehicle operator for a reasonable distance 
                in either direction of a train's approach; [or]
                  (D) blocked crossing incident, as defined in 
                section 20173; or
                  [(D)] (E) other safety information involving 
                such grade crossings;
          (2) upon receiving a report pursuant to paragraph 
        (1)(A) or (B), immediately contact trains operating 
        near the grade crossing to warn them of the malfunction 
        or disabled vehicle;
          (3) upon receiving a report pursuant to paragraph 
        (1)(A) or (B), and after contacting trains pursuant to 
        paragraph (2), contact, as necessary, appropriate 
        public safety officials having jurisdiction over the 
        grade crossing to provide them with the information 
        necessary for them to direct traffic, assist in the 
        removal of the disabled vehicle, or carry out other 
        activities as appropriate;
          (4) upon receiving a report pursuant to [paragraph 
        (1)(C) or (D)] subparagraph (C), (D), or (E) of 
        paragraph (1), timely investigate the report, remove 
        the obstruction if possible, or correct the unsafe 
        circumstance; [and]
          (5) ensure the placement at each grade crossing on 
        rights-of-way that it owns of appropriately located 
        signs, on which shall appear, at a minimum--
                  (A) a toll-free telephone number to be used 
                for placing calls described in paragraph (1) to 
                the railroad carrier dispatching trains on that 
                right-of-way;
                  (B) an explanation of the purpose of that 
                toll-free telephone number; and
                  (C) the grade crossing number assigned for 
                that crossing by the National Highway-Rail 
                Crossing Inventory established by the 
                Department of Transportation[.];
          (6) upon receiving a report of a blocked crossing 
        pursuant to paragraph (1)(D), the railroad carrier 
        shall, within 14 days of receipt of the report--
                  (A) verify that the public highway-rail grade 
                crossing, as defined in section 20173, was 
                blocked for a period of at least 10 minutes; 
                and
                  (B) upon positive verification of the report, 
                enter the report into the national blocked 
                crossings database established in section 
                20174; and
          (7) promptly inform the Secretary of any update to 
        the number maintained under paragraph (1).
  (b) Waiver.--The Secretary may waive the requirement that the 
telephone service be toll-free for Class II and Class III rail 
carriers if the Secretary determines that toll-free service 
would be cost prohibitive or unnecessary.
  (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. 20157. Implementation of positive train control systems

  (a) In General.--
          (1) Plan required.--Not later than 90 days after the 
        date of enactment of the Positive Train Control 
        Enforcement and Implementation Act of 2015, each Class 
        I railroad carrier and each entity providing regularly 
        scheduled intercity or commuter rail passenger 
        transportation shall submit to the Secretary of 
        Transportation a revised plan for implementing a 
        positive train control system by December 31, 2018, 
        governing operations on--
                  (A) its main line over which intercity rail 
                passenger transportation or commuter rail 
                passenger transportation, as defined in section 
                24102, is regularly provided;
                  (B) its main line over which poison- or 
                toxic-by-inhalation hazardous materials, as 
                defined in sections 171.8, 173.115, and 173.132 
                of title 49, Code of Federal Regulations, are 
                transported; and
                  (C) such other tracks as the Secretary may 
                prescribe by regulation or order.
          (2) Implementation.--
                  (A) Contents of revised plan.--A revised plan 
                required under paragraph (1) shall--
                          (i) describe--
                                  (I) how the positive train 
                                control system will provide for 
                                interoperability of the system 
                                with the movements of trains of 
                                other railroad carriers over 
                                its lines; and
                                  (II) how, to the extent 
                                practical, the positive train 
                                control system will be 
                                implemented in a manner that 
                                addresses areas of greater risk 
                                before areas of lesser risk;
                          (ii) comply with the positive train 
                        control system implementation plan 
                        content requirements under section 
                        236.1011 of title 49, Code of Federal 
                        Regulations; and
                          (iii) provide--
                                  (I) the calendar year or 
                                years in which spectrum will be 
                                acquired and will be available 
                                for use in each area as needed 
                                for positive train control 
                                system implementation, if such 
                                spectrum is not already 
                                acquired and available for use;
                                  (II) the total amount of 
                                positive train control system 
                                hardware that will be installed 
                                for implementation, with totals 
                                separated by each major 
                                hardware category;
                                  (III) the total amount of 
                                positive train control system 
                                hardware that will be installed 
                                by the end of each calendar 
                                year until the positive train 
                                control system is implemented, 
                                with totals separated by each 
                                hardware category;
                                  (IV) the total number of 
                                employees required to receive 
                                training under the applicable 
                                positive train control system 
                                regulations;
                                  (V) the total number of 
                                employees that will receive the 
                                training, as required under the 
                                applicable positive train 
                                control system regulations, by 
                                the end of each calendar year 
                                until the positive train 
                                control system is implemented;
                                  (VI) a summary of any 
                                remaining technical, 
                                programmatic, operational, or 
                                other challenges to the 
                                implementation of a positive 
                                train control system, including 
                                challenges with--
                                          (aa) availability of 
                                        public funding;
                                          (bb) 
                                        interoperability;
                                          (cc) spectrum;
                                          (dd) software;
                                          (ee) permitting; and
                                          (ff) testing, 
                                        demonstration, and 
                                        certification; and
                                  (VII) a schedule and sequence 
                                for implementing a positive 
                                train control system by the 
                                deadline established under 
                                paragraph (1).
                  (B) Alternative schedule and sequence.--
                Notwithstanding the implementation deadline 
                under paragraph (1) and in lieu of a schedule 
                and sequence under paragraph (2)(A)(iii)(VII), 
                a railroad carrier or other entity subject to 
                paragraph (1) may include in its revised plan 
                an alternative schedule and sequence for 
                implementing a positive train control system, 
                subject to review under paragraph (3). Such 
                schedule and sequence shall provide for 
                implementation of a positive train control 
                system as soon as practicable, but not later 
                than the date that is 24 months after the 
                implementation deadline under paragraph (1).
                  (C) Amendments.--A railroad carrier or other 
                entity subject to paragraph (1) may file a 
                request to amend a revised plan, including any 
                alternative schedule and sequence, as 
                applicable, in accordance with section 236.1021 
                of title 49, Code of Federal Regulations.
                  (D) Compliance.--A railroad carrier or other 
                entity subject to paragraph (1) shall implement 
                a positive train control system in accordance 
                with its revised plan, including any amendments 
                or any alternative schedule and sequence 
                approved by the Secretary under paragraph (3).
          (3) Secretarial review.--
                  (A) Notification.--A railroad carrier or 
                other entity that submits a revised plan under 
                paragraph (1) and proposes an alternative 
                schedule and sequence under paragraph (2)(B) 
                shall submit to the Secretary a written 
                notification when such railroad carrier or 
                other entity is prepared for review under 
                subparagraph (B).
                  (B) Criteria.--Not later than 90 days after a 
                railroad carrier or other entity submits a 
                notification under subparagraph (A), the 
                Secretary shall review the alternative schedule 
                and sequence submitted pursuant to paragraph 
                (2)(B) and determine whether the railroad 
                carrier or other entity has demonstrated, to 
                the satisfaction of the Secretary, that such 
                carrier or entity has--
                          (i) installed all positive train 
                        control system hardware consistent with 
                        the plan contents provided pursuant to 
                        paragraph (2)(A)(iii)(II) on or before 
                        the implementation deadline under 
                        paragraph (1);
                          (ii) acquired all spectrum necessary 
                        for implementation of a positive train 
                        control system, consistent with the 
                        plan contents provided pursuant to 
                        paragraph (2)(A)(iii)(I) on or before 
                        the implementation deadline under 
                        paragraph (1);
                          (iii) completed employee training 
                        required under the applicable positive 
                        train control system regulations;
                          (iv) included in its revised plan an 
                        alternative schedule and sequence for 
                        implementing a positive train control 
                        system as soon as practicable, pursuant 
                        to paragraph (2)(B);
                          (v) certified to the Secretary in 
                        writing that it will be in full 
                        compliance with the requirements of 
                        this section on or before the date 
                        provided in an alternative schedule and 
                        sequence, subject to approval by the 
                        Secretary;
                          (vi) in the case of a Class I 
                        railroad carrier and Amtrak, 
                        implemented a positive train control 
                        system or initiated revenue service 
                        demonstration on the majority of 
                        territories, such as subdivisions or 
                        districts, or route miles that are 
                        owned or controlled by such carrier and 
                        required to have operations governed by 
                        a positive train control system; and
                          (vii) in the case of any other 
                        railroad carrier or other entity not 
                        subject to clause (vi)--
                                  (I) initiated revenue service 
                                demonstration on at least 1 
                                territory that is required to 
                                have operations governed by a 
                                positive train control system; 
                                or
                                  (II) met any other criteria 
                                established by the Secretary.
                  (C) Decision.--
                          (i) In general.--Not later than 90 
                        days after the receipt of the 
                        notification from a railroad carrier or 
                        other entity under subparagraph (A), 
                        the Secretary shall--
                                  (I) approve an alternative 
                                schedule and sequence submitted 
                                pursuant to paragraph (2)(B) if 
                                the railroad carrier or other 
                                entity meets the criteria in 
                                subparagraph (B); and
                                  (II) notify in writing the 
                                railroad carrier or other 
                                entity of the decision.
                          (ii) Deficiencies.--Not later than 45 
                        days after the receipt of the 
                        notification under subparagraph (A), 
                        the Secretary shall provide to the 
                        railroad carrier or other entity a 
                        written notification of any 
                        deficiencies that would prevent 
                        approval under clause (i) and provide 
                        the railroad carrier or other entity an 
                        opportunity to correct deficiencies 
                        before the date specified in such 
                        clause.
                  (D) Revised deadlines.--
                          (i) Pending reviews.--For a railroad 
                        carrier or other entity that submits a 
                        notification under subparagraph (A), 
                        the deadline for implementation of a 
                        positive train control system required 
                        under paragraph (1) shall be extended 
                        until the date on which the Secretary 
                        approves or disapproves the alternative 
                        schedule and sequence, if such date is 
                        later than the implementation date 
                        under paragraph (1).
                          (ii) Alternative schedule and 
                        sequence deadline.--If the Secretary 
                        approves a railroad carrier or other 
                        entity's alternative schedule and 
                        sequence under subparagraph (C)(i), the 
                        railroad carrier or other entity's 
                        deadline for implementation of a 
                        positive train control system required 
                        under paragraph (1) shall be the date 
                        specified in that railroad carrier or 
                        other entity's alternative schedule and 
                        sequence. The Secretary may not approve 
                        a date for implementation that is later 
                        than 24 months from the deadline in 
                        paragraph (1).
  (b) Technical Assistance.--The Secretary may provide 
technical assistance and guidance to railroad carriers in 
developing the plans required under subsection (a).
  (c) Progress Reports and Review.--
          (1) Progress reports.--Each railroad carrier or other 
        entity subject to subsection (a) shall, not later than 
        March 31, 2016, and annually thereafter until such 
        carrier or entity has completed implementation of a 
        positive train control system, submit to the Secretary 
        a report on the progress toward implementing such 
        systems, including--
                  (A) the information on spectrum acquisition 
                provided pursuant to subsection 
                (a)(2)(A)(iii)(I);
                  (B) the totals provided pursuant to 
                subclauses (III) and (V) of subsection 
                (a)(2)(A)(iii), by territory, if applicable;
                  (C) the extent to which the railroad carrier 
                or other entity is complying with the 
                implementation schedule under subsection 
                (a)(2)(A)(iii)(VII) or subsection (a)(2)(B);
                  (D) any update to the information provided 
                under subsection (a)(2)(A)(iii)(VI);
                  (E) for each entity providing regularly 
                scheduled intercity or commuter rail passenger 
                transportation, a description of the resources 
                identified and allocated to implement a 
                positive train control system;
                  (F) for each railroad carrier or other entity 
                subject to subsection (a), the total number of 
                route miles on which a positive train control 
                system has been initiated for revenue service 
                demonstration or implemented, as compared to 
                the total number of route miles required to 
                have a positive train control system under 
                subsection (a); and
                  (G) any other information requested by the 
                Secretary.
          (2) Plan review.--The Secretary shall at least 
        annually conduct reviews to ensure that railroad 
        carriers or other entities are complying with the 
        revised plan submitted under subsection (a), including 
        any amendments or any alternative schedule and sequence 
        approved by the Secretary. Such railroad carriers or 
        other entities shall provide such information as the 
        Secretary determines necessary to adequately conduct 
        such reviews.
          (3) Public availability.--Not later than 60 days 
        after receipt, the Secretary shall make available to 
        the public on the Internet Web site of the Department 
        of Transportation any report submitted pursuant to 
        paragraph (1) or subsection (d), but may exclude, as 
        the Secretary determines appropriate--
                  (A) proprietary information; and
                  (B) security-sensitive information, including 
                information described in section 1520.5(a) of 
                title 49, Code of Federal Regulations.
  (d) Report to Congress.--Not later than July 1, 2018, the 
Secretary shall transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report on the progress of each railroad carrier or 
other entity subject to subsection (a) in implementing a 
positive train control system.
  (e) Enforcement.--The Secretary is authorized to assess civil 
penalties pursuant to chapter 213 for--
          (1) a violation of this section;
          (2) the failure to submit or comply with the revised 
        plan required under subsection (a), including the 
        failure to comply with the totals provided pursuant to 
        subclauses (III) and (V) of subsection (a)(2)(A)(iii) 
        and the spectrum acquisition dates provided pursuant to 
        subsection (a)(2)(A)(iii)(I);
          (3) failure to comply with any amendments to such 
        revised plan pursuant to subsection (a)(2)(C); and
          (4) the failure to comply with an alternative 
        schedule and sequence submitted under subsection 
        (a)(2)(B) and approved by the Secretary under 
        subsection (a)(3)(C).
  (f) Other Railroad Carriers.--Nothing in this section 
restricts the discretion of the Secretary to require railroad 
carriers other than those specified in subsection (a) to 
implement a positive train control system pursuant to this 
section or section 20156, or to specify the period by which 
implementation shall occur that does not exceed the time limits 
established in this section or section 20156. In exercising 
such discretion, the Secretary shall, at a minimum, consider 
the risk to railroad employees and the public associated with 
the operations of the railroad carrier.
  (g) Regulations.--
          (1) In general.--The Secretary shall prescribe 
        regulations or issue orders necessary to implement this 
        section, including regulations specifying in 
        appropriate technical detail the essential 
        functionalities of positive train control systems, and 
        the means by which those systems will be qualified.
          (2) Conforming regulatory amendments.--Immediately 
        after the date of the enactment of the Positive Train 
        Control Enforcement and Implementation Act of 2015, the 
        Secretary--
                  (A) shall remove or revise the date-specific 
                deadlines in the regulations or orders 
                implementing this section to the extent 
                necessary to conform with the amendments made 
                by such Act; and
                  (B) may not enforce any such date-specific 
                deadlines or requirements that are inconsistent 
                with the amendments made by such Act.
          (3) Review.--Nothing in the Positive Train Control 
        Enforcement and Implementation Act of 2015, or the 
        amendments made by such Act, shall be construed to 
        require the Secretary to issue regulations to implement 
        such Act or amendments other than the regulatory 
        amendments required to conform with this section.
          (4) Clarification.--
                  (A) Prohibitions.--The Secretary is 
                prohibited from--
                          (i) approving or disapproving a 
                        revised plan submitted under subsection 
                        (a)(1);
                          (ii) considering a revised plan under 
                        subsection (a)(1) as a request for 
                        amendment under section 236.1021 of 
                        title 49, Code of Federal Regulations; 
                        or
                          (iii) requiring the submission, as 
                        part of the revised plan under 
                        subsection (a)(1), of--
                                  (I) only a schedule and 
                                sequence under subsection 
                                (a)(2)(A)(iii)(VII); or
                                  (II) both a schedule and 
                                sequence under subsection 
                                (a)(2)(A)(iii)(VII) and an 
                                alternative schedule and 
                                sequence under subsection 
                                (a)(2)(B).
                  (B) Civil penalty authority.--Except as 
                provided in paragraph (2) and this paragraph, 
                nothing in this subsection shall be construed 
                to limit the Secretary's authority to assess 
                civil penalties pursuant to subsection (e), 
                consistent with the requirements of this 
                section.
                  (C) Retained review authority.--The Secretary 
                retains the authority to review revised plans 
                submitted under subsection (a)(1) and is 
                authorized to require modifications of those 
                plans to the extent necessary to ensure that 
                such plans include the descriptions under 
                subsection (a)(2)(A)(i), the contents under 
                subsection (a)(2)(A)(ii), and the year or 
                years, totals, and summary under subsection 
                (a)(2)(A)(iii)(I) through (VI).
  (h) Certification.--
          (1) In general.--The Secretary shall not permit the 
        installation of any positive train control system or 
        component in revenue service unless the Secretary has 
        certified that any such system or component has been 
        approved through the approval process set forth in part 
        236 of title 49, Code of Federal Regulations, and 
        complies with the requirements of that part.
          (2) Provisional operation.--Notwithstanding the 
        requirements of paragraph (1), the Secretary may 
        authorize a railroad carrier or other entity to 
        commence operation in revenue service of a positive 
        train control system or component to the extent 
        necessary to enable the safe implementation and 
        operation of a positive train control system in phases.
  (i) Definitions.--In this section:
          (1) Equivalent or greater level of safety.--The term 
        ``equivalent or greater level of safety'' means the 
        compliance of a railroad carrier with--
                  (A) appropriate operating rules in place 
                immediately prior to the use or implementation 
                of such carrier's positive train control 
                system, except that such rules may be changed 
                by such carrier to improve safe operations; and
                  (B) all applicable safety regulations, except 
                as specified in subsection (j).
          (2) Hardware.--The term ``hardware'' means a 
        locomotive apparatus, a wayside interface unit 
        (including any associated legacy signal system 
        replacements), switch position monitors needed for a 
        positive train control system, physical back office 
        system equipment, a base station radio, a wayside 
        radio, a locomotive radio, or a communication tower or 
        pole.
          (3) Interoperability.--The term ``interoperability'' 
        means the ability to control locomotives of the host 
        railroad and tenant railroad to communicate with and 
        respond to the positive train control system, including 
        uninterrupted movements over property boundaries.
          (4) Main line.--The term ``main line'' means a 
        segment or route of railroad tracks over which 
        5,000,000 or more gross tons of railroad traffic is 
        transported annually, except that--
                  (A) the Secretary may, through regulations 
                under subsection (g), designate additional 
                tracks as main line as appropriate for this 
                section; and
                  (B) for intercity rail passenger 
                transportation or commuter rail passenger 
                transportation routes or segments over which 
                limited or no freight railroad operations 
                occur, the Secretary shall define the term 
                ``main line'' by regulation.
          (5) Positive train control system.--The term 
        ``positive train control system'' means a system 
        designed to prevent train-to-train collisions, over-
        speed derailments, incursions into established work 
        zone limits, and the movement of a train through a 
        switch left in the wrong position.
  (j) Early Adoption.--
          (1) Operations.--From the date of enactment of the 
        Positive Train Control Enforcement and Implementation 
        Act of 2015 through the 1-year period beginning on the 
        date on which the last Class I railroad carrier's 
        positive train control system subject to subsection (a) 
        is certified by the Secretary under subsection (h)(1) 
        of this section and is implemented on all of that 
        railroad carrier's lines required to have operations 
        governed by a positive train control system, any 
        railroad carrier, including any railroad carrier that 
        has its positive train control system certified by the 
        Secretary, shall not be subject to the operational 
        restrictions set forth in sections 236.567 and 236.1029 
        of title 49, Code of Federal Regulations, that would 
        apply where a controlling locomotive that is operating 
        in, or is to be operated in, a positive train control-
        equipped track segment experiences a positive train 
        control system failure, a positive train control 
        operated consist is not provided by another railroad 
        carrier when provided in interchange, or a positive 
        train control system otherwise fails to initialize, 
        cuts out, or malfunctions, provided that such carrier 
        operates at an equivalent or greater level of safety 
        than the level achieved immediately prior to the use or 
        implementation of its positive train control system.
          (2) Safety assurance.--During the period described in 
        paragraph (1), if a positive train control system that 
        has been certified and implemented fails to initialize, 
        cuts out, or malfunctions, the affected railroad 
        carrier or other entity shall make reasonable efforts 
        to determine the cause of the failure and adjust, 
        repair, or replace any faulty component causing the 
        system failure in a timely manner.
          (3) Plans.--The positive train control safety plan 
        for each railroad carrier or other entity shall 
        describe the safety measures, such as operating rules 
        and actions to comply with applicable safety 
        regulations, that will be put in place during any 
        system failure.
          (4) Notification.--During the period described in 
        paragraph (1), if a positive train control system that 
        has been certified and implemented fails to initialize, 
        cuts out, or malfunctions, the affected railroad 
        carrier or other entity shall submit a notification to 
        the appropriate regional office of the Federal Railroad 
        Administration within 7 days of the system failure, or 
        under alternative location and deadline requirements 
        set by the Secretary, and include in the notification a 
        description of the safety measures the affected 
        railroad carrier or other entity has in place.
  (k) Small Railroads.--Not later than 120 days after the date 
of the enactment of this Act, the Secretary shall amend section 
236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations 
(relating to equipping locomotives for applicable Class II and 
Class III railroads operating in positive train control 
territory) to extend each deadline under such section by 3 
years.
  (l) Revenue Service Demonstration.--When a railroad carrier 
or other entity subject to (a)(1) notifies the Secretary it is 
prepared to initiate revenue service demonstration, it shall 
also notify any applicable tenant railroad carrier or other 
entity subject to subsection (a)(1).
  (m) Report of System Failures.--The Secretary shall require 
railroad carriers and other entities subject to subsection (a) 
to regularly report to the Administrator failures of positive 
train control systems. The Secretary shall prescribe the type 
of failure, format, interval, and detail required for reports 
submitted under this subsection.

           *       *       *       *       *       *       *


Sec. 20169. Freight train crew size safety standards

  (a) Minimum Crew Size.--No freight train may be operated 
unless such train has a 2-person crew comprised of at least 1 
appropriately qualified and certified conductor and 1 
appropriately qualified and certified locomotive engineer.
  (b) Exceptions.--Except as provided in subsection (d), the 
prohibition in subsection (a) shall not apply in any of the 
following circumstances:
          (1) Train operations on track that is not a main 
        track.
          (2) A train operated--
                  (A) by a railroad carrier that has fewer than 
                400,000 total employee work hours annually and 
                less than $40,000,000 annual revenue (adjusted 
                for inflation as measured by the Surface 
                Transportation Board Railroad Inflation-
                Adjusted Index);
                  (B) at a speed of not more than 25 miles per 
                hour; and
                  (C) on a track with an average track grade of 
                less than 2 percent for any segment of track 
                that is at least 2 continuous miles.
          (3) Locomotives performing assistance to a train that 
        has incurred mechanical failure or lacks the power to 
        traverse difficult terrain, including traveling to or 
        from the location where assistance is provided.
          (4) Locomotives that--
                  (A) are not attached to any equipment or 
                attached only to a caboose; and
                  (B) do not travel farther than 30 miles from 
                the point of origin of such locomotive.
          (5) Train operations staffed with fewer than a two-
        person crew at least 1 year prior to the date of 
        enactment of this section, if the Secretary determines 
        that the operation achieves an equivalent level of 
        safety.
  (c) Trains Ineligible for Exception.--The exceptions under 
subsection (b) may not be applied to--
          (1) a train transporting 1 or more loaded cars 
        carrying high-level radioactive waste, spent nuclear 
        fuel, or material toxic by inhalation;
          (2) a train carrying 20 or more loaded tank cars of a 
        Class 2 material or a Class 3 flammable liquid in a 
        continuous block or a single train carrying 35 or more 
        loaded tank cars of a Class 2 material or a Class 3 
        flammable liquid throughout the train consist; or
          (3) a train with a total length of 7,500 feet or 
        greater.
  (d) Waiver.--A railroad carrier may seek a waiver of the 
requirements of this section pursuant to section 20103(d).

Sec. 20170. Assault prevention and response plans

  (a) In General.--Not later than 180 days after the date of 
enactment of the TRAIN Act, any entity that provides regularly 
scheduled intercity or commuter rail passenger transportation 
shall submit to the Secretary of Transportation for review and 
approval an assault prevention and response plan (in this 
section referred to as the ``Plan'') to address transportation 
assaults.
  (b) Contents of Plan.--The Plan required under subsection (a) 
shall include--
          (1) procedures that--
                  (A) facilitate the reporting of a 
                transportation assault, including the 
                notification of on-site personnel, rail law 
                enforcement, and local law enforcement;
                  (B) personnel should follow up on the 
                reporting of a transportation assault, 
                including actions to protect affected 
                individuals from continued assault;
                  (C) may be taken to remove the passenger or 
                personnel who has committed a transportation 
                assault from the train or related area or 
                facility as soon as practicable when 
                appropriate;
                  (D) include protections and safe reporting 
                practices for passengers who may have been 
                assaulted by personnel; and
                  (E) may limit or prohibit, to the extent 
                practicable, future travel with the entity 
                described in subsection (a) by any passenger or 
                personnel who commits a transportation assault 
                against personnel or passengers;
          (2) a policy that ensures an employee who is a victim 
        or witness of a transportation assault may participate 
        in the prosecution of a criminal offense of such 
        assault without any adverse effect on the victim's or 
        witnesses' employment status; and
          (3) a process and timeline for conducting an annual 
        review and update of the Plan.
  (c) Notice to Passengers.--An entity described under 
subsection (a) shall display onboard trains and in boarding 
areas, as appropriate, a notice stating the entity's abilities 
to restrict future travel under subsection (b)(1)(E).
  (d) Personnel Training.--An entity described under subsection 
(a) shall provide initial and annual training for all personnel 
on the contents of the Plan, including training regarding--
          (1) the procedures described in subsection (b);
          (2) methods for responding to hostile situations, 
        including de-escalation training; and
          (3) rights and responsibilities of personnel with 
        respect to a transportation assault on themselves, 
        other personnel, or passengers.
  (e) Personnel Participation.--The Plan required under 
subsection (a) shall be developed and implemented with the 
direct participation of personnel, and, as applicable, labor 
organizations representing personnel.
  (f) Reporting.--
          (1) Incident notification.--
                  (A) In general.--Not later than 10 days after 
                a transportation assault incident, the 
                applicable entity described in subsection (a) 
                shall notify personnel employed at the location 
                in which the incident occurred. In the case of 
                an incident on a vehicle, such entity shall 
                notify personnel regularly scheduled to carry 
                out employment activities on the service route 
                on which the incident occurred.
                  (B) Content of incident report.--The 
                notification required under paragraph (1) 
                shall--
                          (i) include a summary of the 
                        incident; and
                          (ii) be written in a manner that 
                        protects the confidentiality of 
                        individuals involved in the incident.
          (2) Annual report.--For each calendar year, each 
        entity with respect to which a transportation assault 
        incident has been reported during such year shall 
        submit to the Secretary a report that describes--
                  (A) the number of assault incidents reported 
                to the entity, including--
                          (i) the number of incidents committed 
                        against passengers; and
                          (ii) the number of incidents 
                        committed against personnel; and
                  (B) the number of assault incidents reported 
                to rail or local law enforcement by personnel 
                of the entity.
          (3) Publication.--The Secretary shall make available 
        to the public on the primary website of the Federal 
        Railroad Administration the data collected under 
        paragraph (2).
          (4) Data protection.--Data made available under this 
        subsection shall be made available in a manner that 
        protects the confidentiality of individuals involved in 
        transportation assault incidents.
  (g) Definition of Transportation Assault.--In this section, 
the term ``transportation assault'' means the occurrence, or 
reasonably suspected occurrence, of an act that--
          (1) constitutes assault;
          (2) is committed by a passenger or member of 
        personnel of an entity that provides regularly 
        scheduled intercity or commuter rail passenger 
        transportation against another passenger or member of 
        personnel of such entity; and
          (3) takes place--
                  (A) within a vehicle of such entity; or
                  (B) in an area in which passengers are 
                entering or exiting a vehicle described in 
                subparagraph (A); or
                  (C) at a station or facility where such 
                entity operates, regardless of ownership of the 
                station or facility.

Sec. 20171. Audit of qualification and certification programs

  (a) In General.--Not later than 1 year after the date of 
enactment of the TRAIN Act, and not less frequently than every 
5 years thereafter, the Secretary shall conduct an audit of--
          (1) the qualification and certification program of 
        locomotive engineers of each Class I railroad carrier 
        subject to the requirements of part 240 of title 49, 
        Code of Federal Regulations; and
          (2) the qualification and certification program of 
        conductors of each Class I railroad carrier subject to 
        the requirements of part 242 of title 49, Code of 
        Federal Regulations.
  (b) Contents of Audit.--In carrying out the audit required 
under subsection (a), the Secretary shall--
          (1) consider whether the training, qualification, and 
        continuing education components of the programs 
        described in subsection (a) comply with regulations in 
        parts 240 and 242 of title 49, Code of Federal 
        Regulations;
          (2) assess the quality of the training that railroad 
        carriers provide locomotive engineers and conductors 
        under such programs;
          (3) determine whether such programs provide 
        locomotive engineers and conductors the knowledge, 
        skill, and ability to safely operate the types of 
        locomotives or trains a railroad carrier may require a 
        locomotive engineer and conductor to operate, including 
        all associated technology used on such locomotives or 
        trains;
          (4) determine whether the training, qualification, 
        and continuing education components of such programs 
        reflect the operating practices of the railroad carrier 
        carrying out such components;
          (5) assess whether a railroad carrier conducting such 
        programs provides locomotive engineers or conductors 
        adequate at-controls training before certification;
          (6) assess how a railroad carrier uses a simulator or 
        other technology to train, familiarize, or provide 
        recurrent training to a locomotive engineer or 
        conductor, including how the use of a simulator or 
        other such technology compares to international 
        experience or practice; and
          (7) address any other safety issues the Secretary 
        determines appropriate for preparing locomotive 
        engineers and conductors.
  (c) Deficiency in Qualification and Certification Program.--
If, in conducting the audit required under this section, the 
Secretary identifies a deficiency in a railroad carrier's 
qualification and certification program of locomotive engineers 
or the qualification and certification program of conductors, 
the Secretary shall require the railroad carrier to update such 
program to eliminate the deficiency.
  (d) Consultation.--In conducting the audit required under 
this section, the Secretary shall consult with representatives 
of each railroad carrier and representatives of the employees 
of the railroad carrier, including any nonprofit employee labor 
organization representing engineers or conductors of the 
railroad carrier.
  (e) Cooperation.--
          (1) In general.--A railroad carrier and employees of 
        the railroad carrier, including any nonprofit employee 
        labor organization representing engineers or conductors 
        of the railroad carrier, shall cooperate fully with the 
        Secretary during an audit required under this section.
          (2) Documents; interviews.--A railroad carrier shall 
        provide any documents requested by the Secretary or 
        make available any employee for interview with the 
        Secretary without undue delay or obstruction.
  (f) Report to Congress.--Not later than 90 days after the 
date on which the Secretary completes an audit under subsection 
(a), the Secretary shall--
          (1) publish on the website of the Federal Railroad 
        Administration a report that summarizes the results of 
        the audit and any updates made in accordance with 
        subsection (c); and
          (2) notify of such report the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate.
  (g) Civil Penalty.--The Secretary is authorized to assess a 
civil penalty or to take other authorized enforcement action, 
as appropriate, pursuant to chapter 213 for a failure to comply 
with the requirements of this section.

Sec. 20172. Safety management team communication

  The Administrator of the Federal Railroad Administration 
shall implement a process for the communication of information 
between safety management teams of the Administration and 
railroad employees, including any nonprofit employee labor 
organization representing railroad employees. Such process 
shall include a reasonable timeframe for a safety management 
team to respond to communication from such railroad employees.

Sec. 20173. Time limit for blocking public highway-rail grade crossing

  (a) Time Limit.--A railroad carrier may not cause a blocked 
crossing incident that is longer than 10 minutes in duration, 
unless the blocked crossing incident is caused by--
          (1) a casualty or serious injury;
          (2) an accident;
          (3) a track obstruction;
          (4) actions necessary to comply with Federal rail 
        safety laws, regulations, or orders issued thereunder 
        unless the action to comply could reasonably occur at a 
        different time or location;
          (5) actions necessary to adhere to section 24308;
          (6) a train fully contained within rail yard limits 
        or fully contained in a rail siding;
          (7) an act of God; or
          (8) a derailment or a safety appliance equipment 
        failure that prevents the train from advancing.
  (b) Investigation of Frequently Blocked Crossings.--For any 
public highway-rail grade crossing that has had 3 or more 
blocked crossing incidents that exceed the time limit set forth 
in subsection (a) and are reported to the blocked crossing 
database, and such incidents have occurred on at least 3 
calendar days within a 30-day period, the Secretary shall--
          (1) provide an electronic notice of the number of 
        reported blocked crossing incidents to the railroad 
        carrier that owns the public highway-rail grade 
        crossing;
          (2) investigate the causes of the blocked crossing 
        incidents; and
          (3) investigate possible measures to reduce the 
        frequency and duration of blocked crossing incidents at 
        such grade crossing.
  (c) Recordkeeping.--
          (1) In general.--A railroad carrier shall, upon 
        receiving a notice under subsection (b), maintain train 
        location data records for the public highway-rail grade 
        crossing that was the subject of the notice.
          (2) Contents of records.--The train location data 
        records required under paragraph (1) shall include--
                  (A) a list of all blocked crossing incidents 
                at the public highway-rail grade crossing that 
                is the subject of the report exceeding 10 
                minutes;
                  (B) the cause of the blocked crossing 
                incident (to the extent available);
                  (C) train length; and
                  (D) the estimated duration of each blocked 
                crossing incident.
          (3) Consultation.--Beginning on the date on which a 
        railroad carrier receives a notice under subsection 
        (b), the Secretary may consult with the carrier for a 
        period of 60 days to address concerns with blocked 
        crossing incidents at the public highway-rail grade 
        crossing that is the subject of the notice.
          (4) Expiration of data collection.--The requirement 
        to maintain records under paragraph (1) shall cease 
        with respect to a public highway-rail grade crossing 
        noticed under subsection (b)(2) if there are no reports 
        submitted to the blocked crossing database for blocked 
        crossing incidents reported to occur at such grade 
        crossing during the previous 365 consecutive calendar 
        days.
  (d) Civil Penalties.--
          (1) In general.--The Secretary may issue civil 
        penalties in accordance with section 21301 to railroad 
        carriers for violations of subsection (a) occurring 60 
        days after the date of submission of a notice under 
        subsection (b).
          (2) Release of records.--Upon the request of, and 
        under requirements set by, the Secretary, railroad 
        carriers shall provide the records maintained pursuant 
        to subsection (c)(1) to the Administrator of the 
        Federal Railroad Administration.
          (3) Alternate route exemption.--Civil penalties may 
        not be issued for violations of subsection (a) that 
        occur at a public highway-rail grade crossing if an 
        alternate route created by a public highway-rail grade 
        separation exists within a half mile by road mileage of 
        such public highway-rail grade crossing.
          (4) Grade separation project.--Civil penalties may 
        not be issued for violations of subsection (a) if the 
        violation occurs at a public highway-rail grade 
        crossing for which there is a proposed grade separation 
        project--
                  (A) that has received written agreement from 
                the relevant local authorities; and
                  (B) for which railroad carrier and project 
                funding from all parties has been budgeted.
          (5) Considerations.--In determining civil penalties 
        under this section, the Secretary shall consider 
        increased penalties in a case in which a pattern of the 
        blocked crossing incidents continue to cause delays to 
        State or local emergency services.
  (e) Application to Amtrak and Commuter Railroads.--This 
section shall not apply to Amtrak or commuter authorities, 
including Amtrak and commuter authorities' operations run or 
dispatched by a Class I railroad.
  (f) Definitions.--In this section:
          (1) Blocked crossing database.--The term ``blocked 
        crossing database'' means the national blocked crossing 
        database established under section 20174.
          (2) Blocked crossing incident.--The term ``blocked 
        crossing incident'' means a circumstance in which a 
        train, locomotive, rail car, or other rail equipment is 
        stopped in a manner that obstructs travel at a public 
        highway-rail grade crossing.
          (3) Public highway-rail grade crossing.--The term 
        ``public highway-rail grade crossing'' means a location 
        within a State in which a public highway, road, or 
        street, including associated sidewalks and pathways, 
        crosses 1 or more railroad tracks at grade.

Sec. 20174. National blocked crossing database

  (a) Database.--Not later than 45 days after the date of 
enactment of the TRAIN Act, the Secretary of Transportation 
shall establish a national blocked crossings database for the 
public to report blocked crossing incidents.
  (b) Public Awareness.--Not later than 60 days after the date 
of enactment of the TRAIN Act, the Secretary shall require each 
railroad carrier to publish the active link to report blocked 
crossing incidents on the website of the national blocked 
crossings database described in subsection (a) on the home page 
of the publicly-available website of the railroad carrier.
  (c) Blocked Crossing Incident; Public Highway-rail Grade 
Crossing.--In this section, the terms ``blocked crossing 
incident'' and ``public highway-rail grade crossing'' have the 
meanings given the terms in section 20173.

           *       *       *       *       *       *       *


                        CHAPTER 207--LOCOMOTIVES

Sec.
20701. Requirements for use.
     * * * * * * *
20704. Requirements for railroad freight cars entering service in United 
          States.

           *       *       *       *       *       *       *


Sec. 20704. Requirements for railroad freight cars entering service in 
                    United States

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Component.--The term ``component'' means a part 
        or subassembly of a railroad freight car.
          (2) Control.--The term ``control'' means the power, 
        whether direct or indirect and whether or not 
        exercised, through the ownership of a majority or a 
        dominant minority of the total outstanding voting 
        interest in an entity, representation on the board of 
        directors of an entity, proxy voting on the board of 
        directors of an entity, a special share in the entity, 
        a contractual arrangement with the entity, a formal or 
        informal arrangement to act in concert with an entity, 
        or any other means, to determine, direct, make 
        decisions, or cause decisions to be made for the 
        entity.
          (3) Cost of sensitive technology.--The term ``cost of 
        sensitive technology'' means the aggregate cost of the 
        sensitive technology located on a railroad freight car.
          (4) Country of concern.--The term ``country of 
        concern'' means a country that--
                  (A) is identified by the Department of 
                Commerce as a nonmarket economy country (as 
                defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of 
                enactment of the TRAIN Act;
                  (B) was identified by the United States Trade 
                Representative in the most recent report 
                required by section 182 of the Trade Act of 
                1974 (19 U.S.C. 2242) as a foreign country 
                included on the priority watch list defined in 
                subsection (g)(3) of that section; and
                  (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade 
                Act of 1974 (19 U.S.C.2416).
          (5) Net cost.--The term ``net cost'' has the meaning 
        given the term in chapter 4 of the USMCA or any 
        subsequent free trade agreement between the United 
        States, Mexico, and Canada.
          (6) Qualified facility.--The term ``qualified 
        facility'' means a facility that is not owned or under 
        the control of a state-owned enterprise.
          (7) Qualified manufacturer.--The term ``qualified 
        manufacturer'' means a railroad freight car 
        manufacturer that is not owned or under the control of 
        a state-owned enterprise.
          (8) Railroad freight car.--The term ``railroad 
        freight car'' means a car designed to carry freight or 
        railroad personnel by rail, including--
                  (A) box car;
                  (B) refrigerator car;
                  (C) ventilator car;
                  (D) intermodal well car;
                  (E) gondola car;
                  (F) hopper car;
                  (G) auto rack car;
                  (H) flat car;
                  (I) special car;
                  (J) caboose car;
                  (K) tank car; and
                  (L) yard car.
          (9) Sensitive technology.--The term ``sensitive 
        technology'' means any device embedded with 
        electronics, software, sensors, or other connectivity, 
        that enables the device to connect to, collect data 
        from, or exchange data with another device, including--
                  (A) onboard telematics;
                  (B) remote monitoring software;
                  (C) firmware;
                  (D) analytics;
                  (E) GPS satellite and cellular location 
                tracking systems;
                  (F) event status sensors;
                  (G) predictive component condition and 
                performance monitoring sensors; and
                  (H) similar sensitive technologies embedded 
                into freight railcar components and 
                subassemblies.
          (10) State-owned enterprise.--The term ``state-owned 
        enterprise'' means--
                  (A) an entity that is owned by, or under the 
                control of, a national, provincial, or local 
                government of a country of concern, or an 
                agency of such government; or
                  (B) an individual acting under the direction 
                or influence of a government or agency 
                described in subparagraph (A).
          (11) Substantially transformed.--The term 
        ``substantially transformed'' means a component of a 
        railroad freight car that undergoes an applicable 
        change in tariff classification as a result of the 
        manufacturing process, as described in chapter 4 and 
        related Annexes of the USMCA or any subsequent free 
        trade agreement between the United States, Mexico, and 
        Canada.
          (12) USMCA.--The term ``USMCA'' has the meaning given 
        the term in section 3 of the United States-Mexico-
        Canada Agreement Implementation Act (19 U.S.C. 4502).
  (b) Requirements for Railroad Freight Cars Entering Service 
in the United States.--
          (1) Limitation on railroad freight cars.--A railroad 
        freight car wholly manufactured on or after the date 
        that is 1 year after the date of enactment of the TRAIN 
        Act, may only operate on the United States freight 
        railroad interchange system if--
                  (A) the railroad freight car is manufactured, 
                assembled, and substantially transformed, as 
                applicable, by a qualified manufacturer in a 
                qualified facility;
                  (B) none of the sensitive technology located 
                on the railroad freight car, including 
                components necessary to the functionality of 
                the sensitive technology, originates from a 
                country of concern or is sourced from state-
                owned enterprise; and
                  (C) none of the content of the railroad 
                freight car, excluding sensitive technology, 
                originates from a country of concern or is 
                sourced from a state-owned enterprise that has 
                been determined by a recognized court or 
                administrative agency of competent jurisdiction 
                and legal authority to have violated or 
                infringed valid United States intellectual 
                property rights of another including such a 
                finding by a Federal district court under title 
                35 or the U.S. International Trade Commission 
                under section 337 of the Tariff Act of 1930 (19 
                U.S.C. 1337).
          (2) Limitation on railroad freight car content.--
                  (A) Percentage limitation.--Not later than 12 
                months after the date of enactment of the TRAIN 
                Act, a railroad freight car manufactured may 
                operate on the United States freight railroad 
                interchange system only if--
                          (i) not more than 20 percent of the 
                        content of the railroad freight car, 
                        calculated by the net cost of all 
                        components of the car and excluding the 
                        cost of sensitive technology, 
                        originates from a country of concern or 
                        is sourced from a state-owned 
                        enterprise; and
                          (ii) not later than 24 months after 
                        the date of enactment of the TRAIN Act, 
                        the percentage described in clause (i) 
                        shall be no more than 15 percent.
                  (B) Conflict.--The percentages specified in 
                this paragraph apply notwithstanding any 
                apparent conflict with provisions of chapter 4 
                of the USMCA.
  (c) Regulations and Penalties.--
          (1) Regulations required.--Not later than 1 year 
        after the date of enactment of the TRAIN Act, the 
        Secretary of Transportation shall issue such 
        regulations as are necessary to carry out this section, 
        including for the monitoring, enforcement, and 
        sensitive technology requirements of this section.
          (2) Certification required.--To be eligible to 
        provide a railroad freight car for operation on the 
        United States freight railroad interchange system, the 
        manufacturer of such car shall certify to the Secretary 
        annually that any railroad freight cars to be so 
        provided meet the requirements of this section.
          (3) Compliance.--
                  (A) Valid certification required.--At the 
                time a railroad freight car begins operation on 
                the United States freight railroad interchange 
                system, the manufacturer of such railroad 
                freight car shall have valid certification 
                describe under paragraph (2) for the year in 
                which such car begins operation.
                  (B) Registration of noncompliant cars 
                prohibited.--A railroad freight car 
                manufacturer may not register, or cause to be 
                registered, a railroad freight car that does 
                not comply with the requirements of this 
                section in the Association of American 
                Railroad's Umler system.
          (4) Civil penalties.--
                  (A) In general.--A railroad freight car 
                manufacturer that has manufactured a railroad 
                freight car for operation on the United States 
                freight railroad interchange system that the 
                Secretary of Transportation determines, after 
                written notice and an opportunity for a 
                hearing, has violated this section is liable to 
                the United States Government for a civil 
                penalty of at least $100,000 but not more than 
                $250,000 for each violation for each railroad 
                freight car.
                  (B) Prohibition for violations.--The 
                Secretary of Transportation may prohibit a 
                railroad freight car manufacturer with respect 
                to which the Secretary has assessed more than 3 
                violations under subparagraph (A) from 
                providing additional railroad freight cars for 
                operation on the United States freight railroad 
                interchange system until the Secretary 
                determines--
                          (i) such manufacturer is in 
                        compliance with this section; and
                          (ii) all civil penalties assessed to 
                        such manufacturer under subparagraph 
                        (A) have been paid in full.

           *       *       *       *       *       *       *


                  CHAPTER 209--ACCIDENTS AND INCIDENTS

Sec.
20901. Reports.
     * * * * * * *
20904. Trend analysis.

Sec. 20901. Reports

  (a) General Requirements.--Not later than 30 days after the 
end of each month, a railroad carrier shall file a report with 
the Secretary of Transportation on all accidents and incidents 
resulting in injury or death to an individual or damage to 
equipment or a roadbed arising from the carrier's operations 
during the month. The report shall be under oath and shall 
state the nature, cause, and circumstances of each reported 
accident or incident (including the train length, the number of 
crew members in the controlling locomotive cab, and the duties 
of such crew members). If a railroad carrier assigns human 
error as a cause, the report shall include, at the option of 
each employee whose error is alleged, a statement by the 
employee explaining any factors the employee alleges 
contributed to the accident or incident.
  (b) Monetary Threshold for Reporting.--(1) In establishing or 
changing a monetary threshold for the reporting of a railroad 
accident or incident, the Secretary shall base damage cost 
calculations only on publicly available information obtained 
from--
          (A) the Bureau of Labor Statistics; or
          (B) another department, agency, or instrumentality of 
        the United States Government if the information has 
        been collected through objective, statistically sound 
        survey methods or has been previously subject to a 
        public notice and comment process in a proceeding of a 
        Government department, agency, or instrumentality.
  (2) If information is not available as provided in paragraph 
(1)(A) or (B) of this subsection, the Secretary may use any 
other source to obtain the information. However, use of the 
information shall be subject to public notice and an 
opportunity for written comment.

Sec. 20902. Investigations

  (a) General Authority.--The Secretary of Transportation, or 
an impartial investigator authorized by the Secretary, may 
investigate--
          (1) an accident or incident resulting in serious 
        injury to an individual or to railroad property, 
        occurring on the railroad line of a railroad carrier; 
        and
          (2) an accident or incident reported under section 
        20505 of this title.
  (b) Other Duties and Powers.--In carrying out an 
investigation, the Secretary or authorized investigator may 
[subpena] subpoena witnesses, require the production of 
records, exhibits, and other evidence, administer oaths, and 
take testimony. If the accident or incident is investigated by 
a commission of the State in which it occurred, the Secretary, 
if convenient, shall carry out the investigation at the same 
time as, and in coordination with, the commission's 
investigation. The railroad carrier on whose railroad line the 
accident or incident occurred shall provide reasonable 
facilities to the Secretary for the investigation.
  (c) Reports.--When in the public interest, the Secretary 
shall make a report of the investigation, stating the cause of 
the accident or incident and making recommendations the 
Secretary considers appropriate. The Secretary shall publish 
the report in a way the Secretary considers appropriate. The 
Secretary shall develop a process to make available to a 
representative of the railroad carrier that is the subject of 
an accident or incident investigation, and to a representative 
of the employees of such railroad carrier, including a 
nonprofit employee labor organization representing railroad 
workers, a draft investigation report for timely review and 
comment.
  (d) Gathering Information and Technical Expertise.--
          (1) In general.--The Secretary shall create a 
        standard process for investigators to use during 
        accident and incident investigations conducted under 
        this section to--
                  (A) gather information about an accident or 
                incident under investigation from railroad 
                carriers, contractors or employees of railroad 
                carriers or representatives of employees of 
                railroad carriers, and others determined 
                relevant by the Secretary; and
                  (B) consult with railroad carriers, 
                contractors or employees of railroad carriers 
                or representatives of employees of railroad 
                carriers, and others determined relevant by the 
                Secretary, for technical expertise on the facts 
                of the accident or incident under 
                investigation.
          (2) Confidentiality.--In developing the process under 
        paragraph (1), the Secretary shall factor in ways to 
        maintain the confidentiality of any entity identified 
        under paragraph (1) if--
                  (A) such entity requests confidentiality;
                  (B) such entity was not involved in the 
                accident or incident; and
                  (C) maintaining such entity's confidentiality 
                does not adversely affect an investigation of 
                the Federal Railroad Administration.
          (3) Application of law.--This subsection shall not 
        apply to any investigation carried out by the National 
        Transportation Safety Board.

           *       *       *       *       *       *       *


Sec. 20904. Trend analysis

  (a) Annual Review and Analysis.--Not later than 1 year after 
the date of enactment of the TRAIN Act, and not less frequently 
than annually thereafter, the Secretary shall review the 
reports filed by a railroad carrier subject to section 20901(a) 
and analyze the data contained in such reports for trends or 
patterns of potential safety risks.
  (b) Secretary Action.--If the Secretary identifies any such 
trends or patterns, the Secretary shall--
          (1) take such actions as are necessary to address the 
        potential safety risk; and
          (2) if appropriate, communicate any such trends or 
        patterns to a representative of any relevant railroad 
        carrier and a representative of the employees of such 
        railroad carrier, including any nonprofit employee 
        labor organization representing a craft or class of 
        employees subject to the potential safety risk.

           *       *       *       *       *       *       *


                     CHAPTER 211--HOURS OF SERVICE

Sec.
21101. Definitions.
     * * * * * * *
[21103. Limitations on duty hours of train employees.]
21103. Limitations on duty hours of train employees and yardmaster 
          employees.
     * * * * * * *

Sec. 21101. Definitions

  In this chapter--
          (1) ``designated terminal'' means the home or away-
        from-home terminal for the assignment of a particular 
        crew.
          (2) ``dispatching service employee'' means an 
        operator, train dispatcher, or other train employee who 
        by the use of an electrical or mechanical device 
        dispatches, reports, transmits, receives, or delivers 
        orders related to or affecting train movements.
          (3) ``employee'' means a dispatching service 
        employee, a yardmaster employee, a signal employee, or 
        a train employee.
          (4) ``signal employee'' means an individual who is 
        engaged in installing, repairing, or maintaining signal 
        systems.
          (5) ``train employee'' means an individual engaged in 
        or connected with the movement of a train, including a 
        hostler.
          (6) ``yardmaster employee'' means an individual 
        responsible for supervising and coordinating the 
        control of trains and engines operating within a rail 
        yard.

           *       *       *       *       *       *       *


Sec. 21103. Limitations on duty hours of train employees  and 
                    yardmaster employees

  (a) In General.--Except as provided in subsection (d) of this 
section, a railroad carrier and its officers and agents may not 
require or allow a train employee or yardmaster employee to--
          (1) remain on duty, go on duty, wait for deadhead 
        transportation, be in deadhead transportation from a 
        duty assignment to the place of final release, or be in 
        any other mandatory service for the carrier in any 
        calendar month where the employee has spent a total of 
        276 hours--
                  (A) on duty;
                  (B) waiting for deadhead transportation, or 
                in deadhead transportation from a duty 
                assignment to the place of final release; or
                  (C) in any other mandatory service for the 
                carrier;
          (2) remain or go on duty for a period in excess of 12 
        consecutive hours;
          (3) remain or go on duty unless that employee has had 
        at least 10 consecutive hours off duty during the prior 
        24 hours; or
          (4) remain or go on duty after that employee has 
        initiated an on-duty period each day for--
                  (A) 6 consecutive days, unless that employee 
                has had at least 48 consecutive hours off duty 
                at the employee's home terminal during which 
                time the employee is unavailable for any 
                service for any railroad carrier except that--
                          (i) an employee may work a seventh 
                        consecutive day if that employee 
                        completed his or her final period of 
                        on-duty time on his or her sixth 
                        consecutive day at a terminal other 
                        than his or her home terminal; and
                          (ii) any employee who works a seventh 
                        consecutive day pursuant to 
                        subparagraph (i) shall have at least 72 
                        consecutive hours off duty at the 
                        employee's home terminal during which 
                        time the employee is unavailable for 
                        any service for any railroad carrier; 
                        or
                  (B) except as provided in subparagraph (A), 7 
                consecutive days, unless that employee has had 
                at least 72 consecutive hours off duty at the 
                employee's home terminal during which time the 
                employee is unavailable for any service for any 
                railroad carrier, if--
                          (i) for a period of 18 months 
                        following the date of enactment of the 
                        Rail Safety Improvement Act of 2008, an 
                        existing collective bargaining 
                        agreement expressly provides for such a 
                        schedule or, following the expiration 
                        of 18 months after the date of 
                        enactment of the Rail Safety 
                        Improvement Act of 2008, collective 
                        bargaining agreements entered into 
                        during such period expressly provide 
                        for such a schedule;
                          (ii) such a schedule is provided for 
                        by a pilot program authorized by a 
                        collective bargaining agreement; or
                          (iii) such a schedule is provided for 
                        by a pilot program under section 21108 
                        of this chapter related to employees' 
                        work and rest cycles.
The Secretary may waive paragraph (4), consistent with the 
procedural requirements of section 20103, if a collective 
bargaining agreement provides a different arrangement and such 
an arrangement is in the public interest and consistent with 
railroad safety.
  (b) Determining Time on Duty.--In determining under 
subsection (a) of this section the time a train employee or 
yardmaster employee is on or off duty, the following rules 
apply:
          (1) Time on duty begins when the employee reports for 
        duty and ends when the employee is finally released 
        from duty.
          (2) Time the employee is engaged in or connected with 
        the movement of a train is time on duty.
          (3) Time spent performing any other service for the 
        railroad carrier during a 24-hour period in which the 
        employee is engaged in or connected with the movement 
        of a train is time on duty.
          (4) Time spent in deadhead transportation to a duty 
        assignment is time on duty, but time spent in deadhead 
        transportation from a duty assignment to the place of 
        final release is neither time on duty nor time off 
        duty.
          (5) An interim period available for rest at a place 
        other than a designated terminal is time on duty.
          (6) An interim period available for less than 4 hours 
        rest at a designated terminal is time on duty.
          (7) An interim period available for at least 4 hours 
        rest at a place with suitable facilities for food and 
        lodging is not time on duty when the employee is 
        prevented from getting to the employee's designated 
        terminal by any of the following:
                  (A) a casualty.
                  (B) a track obstruction.
                  (C) an act of God.
                  (D) a derailment or major equipment failure 
                resulting from a cause that was unknown and 
                unforeseeable to the railroad carrier or its 
                officer or agent in charge of that employee 
                when that employee left the designated 
                terminal.
  (c) Limbo Time Limitation and Additional Rest Requirement.--
          (1) A railroad carrier may not require or allow an 
        employee--
                  (A) to exceed a total of 40 hours per 
                calendar month spent--
                          (i) waiting for deadhead 
                        transportation; or
                          (ii) in deadhead transportation from 
                        a duty assignment to the place of final 
                        release,
                following a period of 12 consecutive hours on 
                duty that is neither time on duty nor time off 
                duty, not including interim rest periods, 
                during the period from the date of enactment of 
                the Rail Safety Improvement Act of 2008 to one 
                year after such date of enactment; and
                  (B) to exceed a total of 30 hours per 
                calendar month spent--
                          (i) waiting for deadhead 
                        transportation; or
                          (ii) in deadhead transportation from 
                        a duty assignment to the place of final 
                        release,
                following a period of 12 consecutive hours on 
                duty that is neither time on duty nor time off 
                duty, not including interim rest periods, 
                during the period beginning one year after the 
                date of enactment of the Rail Safety 
                Improvement Act of 2008 except that the 
                Secretary may further limit the monthly 
                limitation pursuant to regulations prescribed 
                under section 21109.
          (2) The limitations in paragraph (1) shall apply 
        unless the train carrying the employee is directly 
        delayed by--
                  (A) a casualty;
                  (B) an accident;
                  (C) an act of God;
                  (D) a derailment;
                  (E) a major equipment failure that prevents 
                the train from advancing; or
                  (F) a delay resulting from a cause unknown 
                and unforeseeable to a railroad carrier or its 
                officer or agent in charge of the employee when 
                the employee left a terminal.
          (3) Each railroad carrier shall report to the 
        Secretary, in accordance with procedures established by 
        the Secretary, each instance where an employee subject 
        to this section spends time waiting for deadhead 
        transportation or in deadhead transportation from a 
        duty assignment to the place of final release in excess 
        of the requirements of paragraph (1).
          (4) If--
                  (A) the time spent waiting for deadhead 
                transportation or in deadhead transportation 
                from a duty assignment to the place of final 
                release that is not time on duty, plus
                  (B) the time on duty,
        exceeds 12 consecutive hours, the railroad carrier and 
        its officers and agents shall provide the employee with 
        additional time off duty equal to the number of hours 
        by which such sum exceeds 12 hours.
  (d) Emergencies.--A train employee or yardmaster employee on 
the crew of a wreck or relief train may be allowed to remain or 
go on duty for not more than 4 additional hours in any period 
of 24 consecutive hours when an emergency exists and the work 
of the crew is related to the emergency. In this subsection, an 
emergency ends when the track is cleared and the railroad line 
is open for traffic.
  (e) Communication During Time Off Duty.--During a train 
employee's or yardmaster employee's minimum off-duty period of 
10 consecutive hours, as provided under subsection (a) or 
during an interim period of at least 4 consecutive hours 
available for rest under subsection (b)(7) or during additional 
off-duty hours under subsection (c)(4), a railroad carrier, and 
its officers and agents, shall not communicate with the train 
employee or yardmaster employee by telephone, by pager, or in 
any other manner that could reasonably be expected to disrupt 
the employee's rest. Nothing in this subsection shall prohibit 
communication necessary to notify an employee of an emergency 
situation, as defined by the Secretary. The Secretary may waive 
the requirements of this paragraph for commuter or intercity 
passenger railroads if the Secretary determines that such a 
waiver will not reduce safety and is necessary to maintain such 
railroads' efficient operations and on-time performance of its 
trains.

           *       *       *       *       *       *       *


PART B--ASSISTANCE

           *       *       *       *       *       *       *


                  CHAPTER 229--RAIL IMPROVEMENT GRANTS

Sec.
22901. Definitions.
     * * * * * * *
[22906. Authorization of appropriations.]
22906. Passenger rail improvement, modernization, and expansion grants.
     * * * * * * *
22909. Bridges, stations, and tunnels (BeST) grant program.
22910. Interstate rail compacts support program.
22911. State rail planning formula funds.
22912. Highway-rail grade crossing separation grants.
22913. University Rail Climate Innovation Institute.

Sec. 22901. Definitions

  In this chapter:
          (1) Applicant.--The term ``applicant'' means a State 
        (including the District of Columbia), a group of 
        States, an Interstate Compact, or a public agency 
        established by one or more States and having 
        responsibility for providing intercity passenger rail 
        service.
          (2) Capital project.--The term ``capital project'' 
        means a project or program in a State rail plan 
        developed under chapter 227 of this title for--
                  (A) acquiring, constructing, improving, or 
                inspecting equipment, track and track 
                structures, or a facility for use in or for the 
                primary benefit of intercity passenger rail 
                service, 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 related to intercity 
                passenger rail service, mitigating 
                environmental impacts, communication and 
                signalization improvements, relocation 
                assistance, acquiring replacement housing 
                sites, and acquiring, constructing, relocating, 
                and rehabilitating replacement housing;
                  (B) rehabilitating, remanufacturing or 
                overhauling rail rolling stock and facilities 
                used primarily in intercity passenger rail 
                service;
                  (C) costs associated with developing State 
                rail plans; and
                  (D) the first-dollar liability costs for 
                insurance related to the provision of intercity 
                passenger rail service under section 22904.
          (3) Intercity passenger rail service.--The term 
        ``intercity passenger rail service'' means intercity 
        rail passenger transportation, as defined in section 
        24102 of this title.
          (4) Satisfactory continuing control.--The term 
        ``satisfactory continuing control'' means the 
        continuing ability to utilize and ensure maintenance of 
        an asset as a result of full or partial ownership, 
        lease, operating or other enforceable contractual 
        agreements, or statutory access rights.

           *       *       *       *       *       *       *


Sec. 22905. Grant conditions

  (a) Buy America.--(1) The Secretary of Transportation 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.
  (2) The Secretary of Transportation may waive paragraph (1) 
of this subsection if the Secretary finds that--
          (A) applying paragraph (1) would be inconsistent with 
        the public interest;
          (B) 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; 
        or
          [(C) rolling stock or power train equipment cannot be 
        bought and delivered in the United States within a 
        reasonable time; or]
          [(D)] (C) including domestic material will increase 
        the cost of the overall project by more than 25 
        percent.
  (3) For purposes of this subsection, in calculating the 
components' costs, labor costs involved in final assembly shall 
not be included in the calculation.
  [(4) If the Secretary determines that it is necessary to 
waive the application of paragraph (1) based on a finding under 
paragraph (2), the Secretary shall, before the date on which 
such finding takes effect--
          [(A) publish in the Federal Register a detailed 
        written justification as to why the waiver is needed; 
        and
          [(B) provide notice of such finding and an 
        opportunity for public comment on such finding for a 
        reasonable period of time not to exceed 15 days.]
          (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.
  (5) Not later than December 31, [2012] 2020, and each year 
thereafter, 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 any waivers granted 
under paragraph (2) during the preceding fiscal year.
  (6) The Secretary of Transportation may not make a waiver 
under paragraph (2) of this subsection 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--
          (A) has an agreement with the United States 
        Government under which the Secretary has waived the 
        requirement of this subsection; and
          (B) has violated the agreement by discriminating 
        against goods to which this subsection applies that are 
        produced in the United States and to which the 
        agreement applies.
  (7) A person is ineligible to receive a contract or 
subcontract made with amounts authorized under this chapter if 
a court or department, agency, or instrumentality of the 
Government decides the person intentionally--
          (A) 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 subsection applies but not 
        produced in the United States; or
          (B) represented that goods described in subparagraph 
        (A) of this paragraph were produced in the United 
        States.
  (8) 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.
  (9) 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.
  (10) A party adversely affected by an agency action under 
this subsection shall have the right to seek review under 
section 702 of title 5.
  (11) The requirements of this subsection shall only apply to 
projects for which the costs exceed $100,000.
  (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).
  (b) Operators Deemed Rail Carriers and Employers for Certain 
Purposes.--A person that conducts rail operations over rail 
infrastructure constructed or improved with funding provided in 
whole or in part in a grant made under this chapter shall be 
considered a rail carrier as defined in section 10102(5) of 
this title for purposes of this title and any other statute 
that adopts that definition or in which that definition 
applies, including--
          (1) the Railroad Retirement Act of 1974 (45 U.S.C. 
        231 et seq.);
          (2) the Railway Labor Act (45 U.S.C. 151 et seq.); 
        and
          (3) the Railroad Unemployment Insurance Act (45 
        U.S.C. 351 et seq.).
  (c) Grant Conditions.--The Secretary shall require as a 
condition of making any grant under this chapter for a project 
that uses rights-of-way owned by a railroad that--
          (1) a written agreement exist between the applicant 
        and the railroad regarding such use and ownership, 
        including--
                  (A) any compensation for such use;
                  (B) assurances regarding the adequacy of 
                infrastructure capacity to accommodate both 
                existing and future freight and passenger 
                operations;
                  (C) an assurance by the railroad that 
                collective bargaining agreements with the 
                railroad's employees (including terms 
                regulating the contracting of work) will remain 
                in full force and effect according to their 
                terms for work performed by the railroad on the 
                railroad transportation corridor; and
                  (D) an assurance that an applicant complies 
                with liability requirements consistent with 
                section 28103 of this title; and
          (2) the applicant agrees to comply with--
                  (A) the standards of section 24312 of this 
                title, as such section was in effect on 
                September 1, 2003, with respect to the project 
                in the same manner that Amtrak is required to 
                comply with those standards for construction 
                work financed under an agreement made under 
                section 24308(a) of this title; and
                  (B) the protective arrangements [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)] established by the 
                Secretary under subsection (e)(1) with respect 
                to employees affected by actions taken in 
                connection with the project to be financed in 
                whole or in part by grants under this chapter.
  (d) Replacement of Existing Intercity Passenger Rail 
Service.--
          (1) Collective bargaining agreement for intercity 
        passenger rail projects.--Any entity providing 
        intercity passenger railroad transportation that begins 
        operations after the date of enactment of this Act on a 
        project funded in whole or in part by grants made under 
        this chapter and replaces intercity rail passenger 
        service that was provided by Amtrak, unless such 
        service was provided solely by Amtrak to another entity 
        or unless Amtrak ceased providing intercity passenger 
        railroad transportation over the affected route more 
        than 3 years before the commencement of new service, as 
        of such date shall enter into an agreement with the 
        authorized bargaining agent or agents for adversely 
        affected employees of the predecessor provider that--
                  (A) gives each such qualified employee of the 
                predecessor provider priority in hiring 
                according to the employee's seniority on the 
                predecessor provider for each position with the 
                replacing entity that is in the employee's 
                craft or class and is available within 3 years 
                after the termination of the service being 
                replaced;
                  (B) establishes a procedure for notifying 
                such an employee of such positions;
                  (C) establishes a procedure for such an 
                employee to apply for such positions; and
                  (D) establishes rates of pay, rules, and 
                working conditions.
          (2) Immediate replacement service.--
                  (A) Negotiations.--If the replacement of 
                preexisting intercity rail passenger service 
                occurs concurrent with or within a reasonable 
                time before the commencement of the replacing 
                entity's rail passenger service, the replacing 
                entity shall give written notice of its plan to 
                replace existing rail passenger service to the 
                authorized collective bargaining agent or 
                agents for the potentially adversely affected 
                employees of the predecessor provider at least 
                90 days before the date on which it plans to 
                commence service. Within 5 days after the date 
                of receipt of such written notice, negotiations 
                between the replacing entity and the collective 
                bargaining agent or agents for the employees of 
                the predecessor provider shall commence for the 
                purpose of reaching agreement with respect to 
                all matters set forth in subparagraphs (A) 
                through (D) of paragraph (1). The negotiations 
                shall continue for 30 days or until an 
                agreement is reached, whichever is sooner. If 
                at the end of 30 days the parties have not 
                entered into an agreement with respect to all 
                such matters, the unresolved issues shall be 
                submitted for arbitration in accordance with 
                the procedure set forth in subparagraph (B).
                  (B) Arbitration.--If an agreement has not 
                been entered into with respect to all matters 
                set forth in subparagraphs (A) through (D) of 
                paragraph (1) as described in subparagraph (A) 
                of this paragraph, the parties shall select an 
                arbitrator. If the parties are unable to agree 
                upon the selection of such arbitrator within 5 
                days, either or both parties shall notify the 
                National Mediation Board, which shall provide a 
                list of seven arbitrators with experience in 
                arbitrating rail labor protection disputes. 
                Within 5 days after such notification, the 
                parties shall alternately strike names from the 
                list until only 1 name remains, and that person 
                shall serve as the neutral arbitrator. Within 
                45 days after selection of the arbitrator, the 
                arbitrator shall conduct a hearing on the 
                dispute and shall render a decision with 
                respect to the unresolved issues among the 
                matters set forth in subparagraphs (A) through 
                (D) of paragraph (1). The arbitrator shall be 
                guided by prevailing national standard rates of 
                pay, benefits, and working conditions for 
                comparable work. This decision shall be final, 
                binding, and conclusive upon the parties. The 
                salary and expenses of the arbitrator shall be 
                borne equally by the parties; all other 
                expenses shall be paid by the party incurring 
                them.
          (3) Service commencement.--A replacing entity under 
        this subsection shall commence service only after an 
        agreement is entered into with respect to the matters 
        set forth in subparagraphs (A) through (D) of paragraph 
        (1) or the decision of the arbitrator has been 
        rendered.
          (4) Subsequent replacement of service.--If the 
        replacement of existing rail passenger service takes 
        place within 3 years after the replacing entity 
        commences intercity passenger rail service, the 
        replacing entity and the collective bargaining agent or 
        agents for the adversely affected employees of the 
        predecessor provider shall enter into an agreement with 
        respect to the matters set forth in subparagraphs (A) 
        through (D) of paragraph (1). If the parties have not 
        entered into an agreement with respect to all such 
        matters within 60 days after the date on which the 
        replacing entity replaces the predecessor provider, the 
        parties shall select an arbitrator using the procedures 
        set forth in paragraph (2)(B), who shall, within 20 
        days after the commencement of the arbitration, conduct 
        a hearing and decide all unresolved issues. This 
        decision shall be final, binding, and conclusive upon 
        the parties.
  (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).
  [(e)] (f) Inapplicability to Certain Rail Operations.--
Nothing in this section applies to--
          (1) commuter rail passenger transportation (as 
        defined in section 24102) operations of a State or 
        local governmental authority (as those terms are 
        defined in section 5302) eligible to receive financial 
        assistance under section 5307 of this title, or to its 
        contractor performing services in connection with 
        commuter rail passenger operations (as so defined);
          (2) the Alaska Railroad or its contractors; or
          (3) Amtrak's access rights to railroad rights of way 
        and facilities under current law.
  [(f)] (g) Limitation.--No grants shall be provided under this 
chapter for commuter rail passenger transportation (as defined 
in section 24102(3)).

[Sec. 22906. Authorization of appropriations

  [There are authorized to be appropriated to the Secretary of 
Transportation for capital grants under this chapter the 
following amounts:
          [(1) For fiscal year 2009, $100,000,000.
          [(2) For fiscal year 2010, $300,000,000.
          [(3) For fiscal year 2011, $400,000,000.
          [(4) For fiscal year 2012, $500,000,000.
          [(5) For fiscal year 2013, $600,000,000.]

Sec. 22906. Passenger rail improvement, modernization, and expansion 
                    grants

  (a) In General.--
          (1) Establishment.--The Secretary of Transportation 
        shall establish a program to make grants to eligible 
        applicants for--
                  (A) capital projects that--
                          (i) provide high-speed rail or 
                        intercity rail passenger 
                        transportation;
                          (ii) improve high-speed rail or 
                        intercity rail passenger performance, 
                        including congestion mitigation, 
                        reliability improvements, achievement 
                        of on-time performance standards 
                        established under section 207 of the 
                        Rail Safety Improvement Act of 2008 (49 
                        U.S.C. 24101 note), reduced trip times, 
                        increased train frequencies, higher 
                        operating speeds, electrification, and 
                        other improvements, as determined by 
                        the Secretary; and
                          (iii) expand or establish high-speed 
                        rail or intercity rail passenger 
                        transportation and facilities; or
                  (B) corridor planning activities for high-
                speed rail described in section 26101(b).
          (2) Purposes.--Grants under this section shall be for 
        projects that improve mobility, operational 
        performance, or growth of high-speed rail or intercity 
        rail passenger transportation.
  (b) Definitions.--In this section:
          (1) Eligible applicant.--The term ``eligible 
        applicant'' means--
                  (A) a State;
                  (B) a group of States;
                  (C) an Interstate Compact;
                  (D) a public agency or publicly chartered 
                authority established by 1 or more States;
                  (E) a political subdivision of a State;
                  (F) Amtrak, acting on its own behalf or under 
                a cooperative agreement with 1 or more States; 
                or
                  (G) an Indian Tribe.
          (2) Capital project.--The term ``capital project'' 
        means--
                  (A) a project or program for acquiring, 
                constructing, or improving--
                          (i) passenger rolling stock;
                          (ii) infrastructure assets, including 
                        tunnels, bridges, stations, track and 
                        track structures, communication and 
                        signalization improvements; and
                          (iii) a facility of use in or for the 
                        primary benefit of high-speed or 
                        intercity rail passenger 
                        transportation;
                  (B) project planning, development, design, 
                engineering, location surveying, mapping, 
                environmental analysis or studies;
                  (C) acquiring right-of-way or payments for 
                rail trackage rights agreements;
                  (D) making highway-rail grade crossing 
                improvements related to high-speed rail or 
                intercity rail passenger transportation 
                service;
                  (E) electrification;
                  (F) mitigating environmental impacts; or
                  (G) a project relating to other assets 
                determined appropriate by the Secretary.
          (3) Intercity rail passenger transportation.--The 
        term ``intercity rail passenger transportation'' has 
        the meaning given such term in section 24102.
          (4) High-speed rail.--The term ``high-speed rail'' 
        has the meaning given such term in section 26105.
          (5) State.--The term ``State'' means each of the 50 
        States and the District of Columbia.
          (6) Socially disadvantaged individuals.--The term 
        ``socially disadvantaged individuals'' has the meaning 
        given the term ``socially and economically 
        disadvantaged individuals'' in section 8(d) of the 
        Small Business Act (15 U.S.C. 637(d)).
  (c) Project Requirements.--
          (1) Requirements.--To be eligible for a grant under 
        this section, an eligible applicant shall demonstrate 
        that such applicant has or will have--
                  (A) the legal, financial, and technical 
                capacity to carry out the project;
                  (B) satisfactory continuing control over the 
                use of the equipment or facilities that are the 
                subject of the project; and
                  (C) an agreement in place for maintenance of 
                such equipment or facilities.
          (2) High-speed rail requirements.--
                  (A) Corridor planning activities.--
                Notwithstanding paragraph (1), the Secretary 
                shall evaluate projects described in subsection 
                (a)(1)(B) based on the criteria under section 
                26101(c).
                  (B) High-speed rail project requirements.--To 
                be eligible for a grant for a high-speed rail 
                project, an eligible applicant shall 
                demonstrate compliance with section 
                26106(e)(2)(A).
  (d) Project Selection Criteria.--
          (1) Priority.--In selecting a project for a grant 
        under this section, the Secretary shall give preference 
        to projects that--
                  (A) are supported by multiple States or are 
                included in a multi-state regional plan or 
                planning process;
                  (B) achieve environmental benefits such as a 
                reduction in greenhouse gas emissions or an 
                improvement in local air quality; or
                  (C) improve service to and investment in 
                socially disadvantaged individuals.
          (2) Additional considerations.--In selecting an 
        applicant for a grant under this section, the Secretary 
        shall consider--
                  (A) the proposed project's anticipated 
                improvements to high-speed rail or intercity 
                rail passenger transportation, including 
                anticipated public benefits on the--
                          (i) effects on system and service 
                        performance;
                          (ii) effects on safety, 
                        competitiveness, reliability, trip or 
                        transit time, and resilience;
                          (iii) overall transportation system, 
                        including efficiencies from improved 
                        integration with other modes of 
                        transportation or benefits associated 
                        with achieving modal shifts;
                          (iv) ability to meet existing, 
                        anticipated, or induced passenger or 
                        service demand; and
                          (v) projected effects on regional and 
                        local economies along the corridor, 
                        including increased competitiveness, 
                        productivity, efficiency, and economic 
                        development;
                  (B) the eligible applicant's past performance 
                in developing and delivering similar projects;
                  (C) if applicable, the consistency of the 
                project with planning guidance and documents 
                set forth by the Secretary or required by law; 
                and
                  (D) if applicable, agreements between all 
                stakeholders necessary for the successful 
                delivery of the project.
          (3) Additional screening for high-speed rail.--In 
        selecting an applicant for a grant under this section, 
        for high-speed rail projects, the Secretary shall, in 
        addition to the application of paragraphs (1) and (2), 
        apply the selection and consideration criteria 
        described in subparagraphs (B) and (C) of section 
        26106(e)(2).
  (e) Federal Share of Total Project Costs.--
          (1) Total project cost estimate.--The Secretary shall 
        estimate the total cost of a project under this section 
        based on the best available information, including 
        engineering studies, studies of economic feasibility, 
        environmental analyses, and information on the expected 
        use of equipment or facilities.
          (2) Federal share.--The Federal share of total 
        project costs under this section shall not exceed 90 
        percent.
          (3) Treatment of revenue.--Applicants may use ticket 
        and other revenues generated from operations and other 
        sources to satisfy the non-Federal share requirements.
  (f) Letters of Intent.--
          (1) In general.--The Secretary shall, to the maximum 
        extent practicable, issue a letter of intent to a 
        recipient of a grant under this section that--
                  (A) announces an intention to obligate, for a 
                project under this section, an amount that is 
                not more than the amount stipulated as the 
                financial participation of the Secretary in the 
                project, regardless of authorized amounts; and
                  (B) states that the contingent commitment--
                          (i) is not an obligation of the 
                        Federal Government; and
                          (ii) is subject to the availability 
                        of appropriations for grants under this 
                        section and subject to Federal laws in 
                        force or enacted after the date of the 
                        contingent commitment.
          (2) Congressional notification.--
                  (A) In general.--Not later than 3 days before 
                issuing a letter of intent under paragraph (1), 
                the Secretary shall submit written notification 
                to--
                          (i) the Committee on Transportation 
                        and Infrastructure of the House of 
                        Representatives;
                          (ii) the Committee on Appropriations 
                        of the House of Representatives;
                          (iii) the Committee on Appropriations 
                        of the Senate; and
                          (iv) the Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate.
                  (B) Contents.--The notification submitted 
                under subparagraph (A) shall include--
                          (i) a copy of the letter of intent;
                          (ii) the criteria used under 
                        subsection (d) for selecting the 
                        project for a grant; and
                          (iii) a description of how the 
                        project meets such criteria.
  (g) Appropriations Required.--An obligation may be made under 
this section only when amounts are appropriated for such 
purpose.
  (h) Availability.--Amounts made available to carry out this 
section shall remain available until expended.
  (i) Grant Conditions.--Except as specifically provided in 
this section, the use of any amounts appropriated for grants 
under this section shall be subject to the grant conditions 
under section 22905, except that the domestic buying 
preferences of section 24305(f) shall apply to Amtrak in lieu 
of the requirements of section 22905(a).

Sec. 22907. Consolidated rail infrastructure and safety improvements

  (a) General Authority.--The Secretary may make grants under 
this section to an eligible recipient to assist in financing 
the cost of improving passenger and freight rail transportation 
systems in terms of safety, efficiency, or reliability.
  (b) Eligible Recipients.--[The following] Except as provided 
in subsections (o), (p), and (q), the following entities are 
eligible to receive a grant under this section:
          (1) A State or the District of Columbia.
          (2) A group of States.
          (3) An Interstate Compact.
          (4) A public agency or publicly chartered authority 
        established by 1 or more States.
          (5) A political subdivision of a State.
          (6) Amtrak or another rail carrier that provides 
        intercity rail passenger transportation (as defined in 
        section 24102).
          (7) A Class II railroad or Class III railroad (as 
        those terms are defined in section 20102).
          (8) Any rail carrier or rail equipment manufacturer 
        in partnership with at least 1 of the entities 
        described in paragraphs (1) through (5).
          (9) The Transportation Research Board and any entity 
        with which it contracts in the development of rail-
        related research, including cooperative research 
        programs.
          (10) A University [transportation center] engaged in 
        rail-related research.
          (11) A non-profit labor organization representing a 
        class or craft of employees of rail carriers or rail 
        carrier contractors.
          (12) A commuter authority (as such term is defined in 
        section 24102).
          (13) An Indian Tribe.
  (c) Eligible Projects.--The following projects are eligible 
to receive grants under this section:
          (1) Deployment and upgrades of railroad safety 
        technology, including positive train control and rail 
        integrity inspection systems.
          [(2) A capital project 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.]
          [(3)] (2) A capital project identified by the 
        Secretary as being necessary to address congestion or 
        safety challenges affecting rail service.
          [(4)] (3) A capital project [identified by the 
        Secretary as being necessary to reduce congestion and 
        facilitate ridership growth in intercity passenger rail 
        transportation] to improve service or facilitate 
        ridership growth in intercity rail passenger 
        transportation or commuter rail passenger 
        transportation (as such term is defined in section 
        24102) along heavily traveled rail corridors.
          [(5)] (4) A highway-rail grade crossing improvement 
        project, including installation, repair, or improvement 
        of grade separations, railroad crossing signals, gates, 
        and related technologies, highway traffic 
        signalization, highway lighting and crossing approach 
        signage, roadway improvements such as medians or other 
        barriers, railroad crossing panels and surfaces, and 
        safety engineering improvements to establish new quiet 
        zones or to reduce risk in quiet zones or potential 
        quiet zones.
          [(6)] (5) A rail line relocation and improvement 
        project.
          [(7)] (6) A capital project to improve short-line or 
        regional railroad infrastructure.
          [(8)] (7) The preparation of regional rail and 
        corridor service development plans and corresponding 
        environmental analyses.
          [(9)] (8) Any project that the Secretary considers 
        necessary to enhance multimodal connections or 
        facilitate service integration between rail service and 
        other modes, including between intercity rail passenger 
        transportation and intercity bus service or commercial 
        air service.
          [(10)] (9) The development and implementation of a 
        safety program or institute designed to improve rail 
        safety, including for suicide prevention and other rail 
        trespassing prevention.
          [(11)] (10) Any research that the Secretary considers 
        necessary to advance any particular aspect of rail-
        related capital, operations, or safety improvements.
          [(12)] (11) Workforce development and training 
        activities, coordinated to the extent practicable with 
        the existing local training programs supported by the 
        Department of Transportation, the Department of Labor, 
        and the Department of Education.
  (d) Application Process.--The Secretary shall prescribe the 
form and manner of filing an application under this section.
  (e) Project Selection Criteria.--
          [(1) In general.--In selecting a recipient of a grant 
        for an eligible project, the Secretary shall--
                  [(A) give preference to a proposed project 
                for which the proposed Federal share of total 
                project costs does not exceed 50 percent; and
                  [(B) after factoring in preference to 
                projects under subparagraph (A), select 
                projects that will maximize the net benefits of 
                the funds appropriated 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).]
          (1) In general.--In selecting a recipient of a grant 
        for an eligible project, the Secretary shall give 
        preference to--
                  (A) projects that will maximize the net 
                benefits of the funds made available for use 
                under this section, considering the cost-
                benefit analysis of the proposed project, 
                including anticipated private and public 
                benefits relative to the costs of the proposed 
                project and factoring in the other 
                considerations described in paragraph (2); and
                  (B) projects that improve service to, or 
                provide direct benefits to, socially 
                disadvantaged individuals (as defined in 
                section 22906(b)), including relocating or 
                mitigating infrastructure that limits community 
                connectivity, including mobility, access, or 
                economic development of such individuals.
          (2) Other considerations.--The Secretary shall also 
        consider the following:
                  (A) The degree to which the proposed 
                project's business plan considers potential 
                private sector participation in the financing, 
                construction, or operation of the project.
                  (B) The recipient's past performance in 
                developing and delivering similar projects, and 
                previous financial contributions.
                  (C) Whether the recipient has or will have 
                the legal, financial, and technical capacity to 
                carry out the proposed project, satisfactory 
                continuing control over the use of the 
                equipment or facilities, and the capability and 
                willingness to maintain the equipment or 
                facilities.
                  (D) If applicable, the consistency of the 
                proposed project with planning guidance and 
                documents set forth by the Secretary or 
                required by law or State rail plans developed 
                under chapter 227.
                  (E) If applicable, any technical evaluation 
                ratings the proposed project received under 
                previous competitive grant programs 
                administered by the Secretary.
                  (F) Such other factors as the Secretary 
                considers relevant to the successful delivery 
                of the project.
          (3) Benefits.--The benefits described in [paragraph 
        (1)(B)] paragraph (1)(A) may include the effects on 
        system and service performance, including measures such 
        as improved safety, competitiveness, reliability, trip 
        or transit time, resilience, efficiencies from improved 
        integration with other modes, the ability to meet 
        existing or anticipated demand, and any other benefits.
  (f) Performance Measures.--The Secretary shall establish 
performance measures for each grant recipient to assess 
progress in achieving strategic goals and objectives. The 
Secretary may require a grant recipient to periodically report 
information related to such performance measures.
  (g) Rural Areas.--
          (1) In general.--Of the amounts appropriated under 
        this section, at least 25 percent shall be available 
        for projects in rural areas. The Secretary shall 
        consider a project to be in a rural area if all or the 
        majority of the project (determined by the geographic 
        location or locations where the majority of the project 
        funds will be spent) is located in a rural area.
          (2) Definition of rural area.--In this subsection, 
        the term ``rural area'' means any area not in an 
        urbanized area, as defined by the Bureau of the Census.
  (h) 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 analyses, and 
        information on the expected use of equipment or 
        facilities.
          (2) Federal share.--The Federal share of total 
        project costs under this section shall not exceed 80 
        percent, except that a grant for a capital project 
        involving zero-emission locomotive technologies shall 
        not exceed an amount in excess of 90 percent of the 
        total project costs.
          (3) Treatment of passenger rail revenue.--If Amtrak 
        or another rail carrier is an applicant under this 
        section, Amtrak or the other rail carrier, as 
        applicable, may use ticket and other revenues generated 
        from its operations and other sources to satisfy the 
        non-Federal share requirements.
  (i) Large Projects.--Of the amounts made available under this 
section, at least 25 percent shall be for projects that have 
total project costs of greater than $100,000,000.
  (j) Commuter Rail.--
          (1) Administration of funds.--The amounts awarded 
        under this section for commuter rail passenger 
        transportation projects shall be transferred by the 
        Secretary, after selection, to the Federal Transit 
        Administration for administration of funds in 
        accordance with chapter 53.
          (2) Grant condition.--
                  (A) In general.--Notwithstanding section 
                22905(f)(1) and 22907(j)(1), as a condition of 
                receiving a grant under this section that is 
                used to acquire, construct, or improve railroad 
                right-of-way or facilities, any employee 
                covered by the Railway Labor Act (45 U.S.C. 151 
                et seq.) and the Railroad Retirement Act of 
                1974 (45 U.S.C. 231 et seq.) who is adversely 
                affected by actions taken in connection with 
                the project financed in whole or in part by 
                such grant shall be covered by employee 
                protective arrangements established under 
                section 22905(e).
                  (B) Application of protective arrangement.--
                The grant recipient and the successors, 
                assigns, and contractors of such recipient 
                shall be bound by the protective arrangements 
                required under subparagraph (A). Such recipient 
                shall be responsible for the implementation of 
                such arrangement and for the obligations under 
                such arrangement, but may arrange for another 
                entity to take initial responsibility for 
                compliance with the conditions of such 
                arrangement.
          (3) Application of law.--Subsection (g) of section 
        22905 shall not apply to grants awarded under this 
        section for commuter rail passenger transportation 
        projects.
  (k) Definition of Capital Project.--In this section, the term 
``capital project'' means a project or program for--
          (1) acquiring, constructing, improving, or inspecting 
        equipment, track and track structures, or a facility, 
        expenses incidental to acquisition or construction 
        (including project-level planning, designing, 
        engineering, location surveying, mapping, environmental 
        studies, and acquiring right-of-way), payments for rail 
        trackage rights agreements, highway-rail grade crossing 
        improvements, mitigating environmental impacts, 
        communication and signalization improvements, 
        relocation assistance, acquiring replacement housing 
        sites, and acquiring, constructing, relocating, and 
        rehabilitating replacement housing;
          (2) rehabilitating, remanufacturing, or overhauling 
        rail rolling stock and facilities;
          (3) costs associated with developing State or multi-
        State regional rail plans; and
          (4) the first-dollar liability costs for insurance 
        related to the provision of intercity passenger rail 
        service under section 22904.
  [(i)] (l) Applicability.--Except as specifically provided in 
this section, the use of any amounts appropriated for grants 
under this section shall be subject to the requirements of this 
chapter.
  [(j)] (m) Availability.--Amounts appropriated for carrying 
out this section shall remain available until expended.
  [(k)] (n) Limitation.--The requirements under sections 22902, 
22903, and 22904, and the definition contained in section 
22901(1) shall not apply to this section.
  [(l) Special Transportation Circumstances.--
          [(1) In general.--In carrying out this chapter, the 
        Secretary shall allocate an appropriate portion of the 
        amounts available to programs in this chapter to 
        provide grants to States--
                  [(A) in which there is no intercity passenger 
                rail service, for the purpose of funding 
                freight rail capital projects that are on a 
                State rail plan developed under chapter 227 
                that provide public benefits (as defined in 
                chapter 227), as determined by the Secretary; 
                or
                  [(B) in which the rail transportation system 
                is not physically connected to rail systems in 
                the continental United States or may not 
                otherwise qualify for a grant under this 
                section due to the unique characteristics of 
                the geography of that State or other relevant 
                considerations, for the purpose of funding 
                transportation-related capital projects.
          [(2) Definition.--For the purposes of this 
        subsection, the term ``appropriate portion'' means a 
        share, for each State subject to paragraph (1), not 
        less than the share of the total railroad route miles 
        in such State of the total railroad route miles in the 
        United States, excluding from all totals the route 
        miles exclusively used for tourist, scenic, and 
        excursion railroad operations.]
  (o) Rail Safety Public Awareness Grants.--
          (1) Grant.--Of the amounts made available to carry 
        out this section, the Secretary shall make grants to 
        nonprofit organizations to carry out public information 
        and education programs to help prevent and reduce rail-
        related pedestrian, motor vehicle, and other incidents, 
        injuries, and fatalities, and to improve awareness 
        along railroad right-of-way and at highway-rail grade 
        crossings.
          (2) Selection.--Programs eligible for a grant under 
        this subsection--
                  (A) shall include, as appropriate--
                          (i) development, placement, and 
                        dissemination of public service 
                        announcements in appropriate media;
                          (ii) school presentations, driver and 
                        pedestrian safety education, materials, 
                        and public awareness campaigns; and
                          (iii) disseminating information to 
                        the public on how to identify and 
                        report to the appropriate authorities--
                                  (I) unsafe or malfunctioning 
                                highway-rail grade crossings 
                                and equipment; and
                                  (II) high-risk and unsafe 
                                behavior and trespassing around 
                                railroad right-of-way; and
                  (B) may include targeted and sustained 
                outreach in communities at greatest risk to 
                develop measures to reduce such risk.
          (3) Coordination.--Eligible entities shall coordinate 
        program activities with local communities, law 
        enforcement and emergency responders, and railroad 
        carriers, as appropriate, and ensure consistency with 
        State highway-rail grade crossing action plans required 
        under section 11401(b) of the FAST Act (49 U.S.C. 22501 
        note) and the report titled ``National Strategy to 
        Prevent Trespassing on Railroad Property'' issued by 
        the Federal Railroad Administration in October 2018.
          (4) Prioritization.--In awarding grants under this 
        subsection, the Administrator shall give priority to 
        applications for programs that--
                  (A) are nationally recognized;
                  (B) are targeted at schools in close 
                proximity to railroad right-of-way;
                  (C) partner with nearby railroad carriers; or
                  (D) focus on communities with a recorded 
                history of repeated pedestrian and motor 
                vehicle accidents, incidents, injuries, and 
                fatalities at highway-rail grade crossings and 
                along railroad right-of-way.
          (5) Applicability.--Section 22905 shall not apply to 
        contracts and agreements made under this subsection.
  (p) Railroad Trespassing Enforcement Grants.--
          (1) In general.--Of the amounts made available under 
        this section, the Secretary may make grants to public 
        law enforcement agencies engaged in, or seeking to 
        engage in, suicide prevention efforts along railroad 
        right-of-way to pay wages of law enforcement personnel 
        to patrol railroad right-of-way located in communities 
        at risk for rail trespassing incidents and fatalities.
          (2) Prioritization.--In awarding grants under this 
        subsection, the Administrator shall give priority to 
        applications from entities that have jurisdiction 
        within the boundaries of the 10 States with the highest 
        incidence of rail trespass related casualties as 
        reported in the previous fiscal year, as reported by 
        the National Rail Accident Incident Reporting System.
          (3) Limitation.--The Secretary shall not award more 
        than 3 annual grants under this subsection to the same 
        entity.
  (q) Railroad Trespassing Suicide Grants.--
          (1) In general.--Of the amounts made available to 
        carry out this section, the Secretary may make grants 
        to eligible entities to implement a public outreach 
        campaign to reduce the number of railroad suicides.
          (2) Eligible entity.--In this subsection, the term 
        ``eligible entity'' means a nonprofit mental health 
        organization engaged in, or seeking to engage in, 
        suicide prevention efforts along railroad right-of-way 
        in partnership with a railroad carrier, as defined in 
        section 20102.

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Sec. 22909. Bridges, stations, and tunnels (BeST) grant program

  (a) In General.--The Secretary of Transportation shall 
establish a program (in this section referred to as the ``BeST 
Program'') to provide grants to eligible entities for major 
capital projects included in the BeST Inventory established 
under subsection (b) for rail bridges, stations, and tunnels 
that are publicly owned or owned by Amtrak to make safety, 
capacity, and mobility improvements.
  (b) BeST Inventory.--
          (1) Establishment.--Not later than 120 days after the 
        date of enactment of the TRAIN Act, the Secretary shall 
        establish, and publish on the website of the Department 
        of Transportation an inventory (in this section 
        referred to as the ``BeST Inventory'') for publicly 
        owned and Amtrak owned major capital projects 
        designated by the Secretary to be eligible for funding 
        under this section. The BeST Inventory shall include 
        major capital projects to acquire, refurbish, 
        rehabilitate, or replace rail bridges, stations, or 
        tunnels and any associated and co-located projects.
          (2) Considerations.--In selecting projects for 
        inclusion in the BeST Inventory, the Secretary shall 
        give priority to projects that provide the most benefit 
        for intercity passenger rail service in relation to 
        estimated costs and that are less likely to secure all 
        of the funding required from other sources.
          (3) Updates to best inventory.--Every 2 years after 
        the establishment of the BeST Inventory under paragraph 
        (1), the Secretary shall update the BeST Inventory and 
        include it in its annual budget justification.
          (4) Eligibility for best inventory.--Projects 
        included in the BeST Inventory--
                  (A) shall be--
                          (i) consistent with the record of 
                        decision issued by the Federal Railroad 
                        Administration in July 2017 titled 
                        ``NEC FUTURE: A Rail Investment Plan 
                        for the Northeast Corridor'' (known as 
                        the ``Selected Alternative'');
                          (ii) consistent with the most recent 
                        service development plan under section 
                        24904(a) (hereinafter in this section 
                        referred to as the ``Service 
                        Development Plan''); and
                          (iii) located in a territory for 
                        which a cost allocation policy is 
                        maintained pursuant to section 
                        24905(c); or
                  (B) shall be consistent with a multi-state 
                regional planning document equivalent to the 
                document referred to in subparagraph (A)(ii) 
                with a completed Tier I environmental review of 
                such document pursuant to the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
          (5) Project funding sequencing.--The Secretary shall 
        determine the order of priority for projects in the 
        BeST Inventory based on projects identified in 
        paragraph (4) and project management plans as described 
        in subsection (d). The Secretary may alter the BeST 
        Inventory as necessary if eligible entities are not 
        carrying out the schedule identified in the Inventory.
          (6) Terms.--The Secretary shall ensure the BeST 
        Inventory establishes, for each project included in 
        such Inventory--
                  (A) the roles and terms of participation by 
                any railroad bridge, station, or tunnel owners 
                and railroad carriers in the project; and
                  (B) the schedule for such project that 
                ensures efficient completion of the project.
          (7) Special financial rules.--
                  (A) In general.--Projects listed in the BeST 
                Inventory may include an agreement with a 
                commitment, contingent on future amounts to be 
                specified in law for commitments under this 
                paragraph, to obligate an additional amount 
                from future available budget authority 
                specified in law.
                  (B) Statement of contingent commitment.--An 
                obligation or administrative commitment under 
                this paragraph may be made only when amounts 
                are appropriated. An agreement shall state that 
                any contingent commitment is not an obligation 
                of the Federal Government, and is subject to 
                the availability of appropriations under 
                Federal law and to Federal laws in force or 
                enacted after the date of the contingent 
                commitment.
                  (C) Financing costs.--Financing costs of 
                carrying out the project may be considered a 
                cost of carrying out the project under the BeST 
                Inventory.
  (c) Expenditure of Funds.--
          (1) Federal share of total project costs.--The 
        Federal share for the total cost of a project under 
        this section shall not exceed 90 percent.
          (2) Non-federal share.--A recipient of funds under 
        this section may use any source of funds, including 
        other Federal financial assistance, to satisfy the non-
        Federal funds requirement. The non-Federal share for a 
        grant provided under this section shall be consistent 
        with section 24905(c) or section 24712(a)(7) if either 
        such section are applicable to the railroad territory 
        at the project location.
          (3) Availability of funds.--Funds made available 
        under this section shall remain available for 
        obligation by the Secretary for a period of 10 years 
        after the last day of the fiscal year for which the 
        funds are appropriated, and remain available for 
        expenditure by the recipient of grant funds without 
        fiscal year limitation.
          (4) Eligible uses.--Funds made available under this 
        section may be used for projects contained in the most 
        recent BeST Inventory, including pre-construction 
        expenses and the acquisition of real property 
        interests.
          (5) Funds awarded to amtrak.--Grants made to Amtrak 
        shall be provided in accordance with the requirements 
        of chapter 243.
          (6) Grant conditions.--Except as provided in this 
        section, the use of any amounts made available for 
        grants under this section shall be subject to the grant 
        requirements in section 22905.
  (d) Project Management.--
          (1) Submission of project management plans.--The 
        Secretary shall establish a process, including 
        specifying formats, methods, and procedures, for 
        applicants to submit a project management plan to the 
        Secretary for a project in the BeST Inventory. 
        Consistent with requirements in section 22903, project 
        management plans shall--
                  (A) describe the schedules, management 
                actions, workforce availability, interagency 
                agreements, permitting, track outage 
                availability, and other factors that will 
                determine the entity's ability to carry out a 
                project included in the BeST Inventory; and
                  (B) be updated and resubmitted in accordance 
                with this subsection every 2 years according to 
                the schedule in the most recent Service 
                Development Plan, or equivalent multi-state 
                regional planning document with a completed 
                Tier I environmental review conducted pursuant 
                to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
          (2) Northeast corridor projects.--For projects on the 
        Northeast Corridor, an applicant shall submit such 
        project management plan to the Northeast Corridor 
        Commission. Upon receipt of such plan, the Northeast 
        Corridor Commission shall submit to the Secretary an 
        updated Service Development Plan that describes the 
        schedule and sequencing of all capital projects on the 
        Northeast Corridor, including estimates of the amount 
        each sponsor entity will need in program funding for 
        each of the next 2 fiscal years to carry out the 
        entity's projects according to the Service Development 
        Plan.
  (e) Cost Methodology Policy Requirements.--
          (1) In general.--The Secretary shall ensure, as a 
        condition of a grant agreement under this section for 
        any project located in a railroad territory where a 
        policy established pursuant to section 24905(c) or 
        section 209 of the Passenger Rail Investment and 
        Improvement Act of 2008 (49 U.S.C. 24101 note) applies, 
        that a recipient of funds under either such section 
        maintain compliance with the policies, or any updates 
        to any applicable cost methodology policy, for the 
        railroad territory encompassing the project location.
          (2) Penalty for noncompliance.--If such recipient 
        does not maintain compliance with the policies 
        described in paragraph (1), the Secretary may--
                  (A) withhold funds under this subsection from 
                such recipient up to the amount the recipient 
                owes, but has not paid; and
                  (B) permanently reallocate such funds to 
                other recipients after a reasonable period.
  (f) Definitions.--In this section:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a State, including the District of 
                Columbia;
                  (B) a group of States;
                  (C) an Interstate Compact;
                  (D) a public agency or publicly chartered 
                authority established by one or more States;
                  (E) a political subdivision of a State;
                  (F) Amtrak;
                  (G) An Indian Tribe; or
                  (H) any combination of the entities listed in 
                subparagraphs (A) through (G).
          (2) Major capital project.--The term ``major capital 
        project'' means a rail bridge, station, or tunnel 
        project used for intercity passenger rail service that 
        has a total project cost of at least $500,000,000.
          (3) Northeast corridor.--The term ``Northeast 
        Corridor'' has the meaning given the term in section 
        24904(e).
          (4) Publicly owned.--The term ``publicly owned'' 
        means major capital projects that are at least 
        partially owned or planned to be owned by the Federal 
        Government or an eligible entity.
          (5) Co-located project.--The term ``co-located 
        project'' means a capital project that is adjacent to a 
        major capital project and can be carried out during the 
        same period.

Sec. 22910. Interstate rail compacts support program

  (a) In General.--The Secretary shall develop and implement a 
competitive grant program for providing administrative 
assistance, including salaries, benefits, travel, and other 
administrative expenses, to eligible applicants to support 
interstate and regional efforts--
          (1) to improve the safety, efficiency, or reliability 
        of intercity passenger rail; and
          (2) to promote and develop intercity passenger rail 
        service, including through initiating, restoring, or 
        enhancing intercity passenger rail service.
  (b) Applicant Selection Criteria.--
          (1) In general.--In awarding grants under this 
        section, the Secretary shall consider--
                  (A) the amount of other funding received by 
                an applicant (including funding from railroads) 
                or other significant participation by State, 
                local, and regional governmental and private 
                entities;
                  (B) the applicant's work to facilitate and 
                encourage regional planning for passenger rail 
                improvement, enhancement, and development;
                  (C) the applicant's work to foster, through 
                rail transportation systems, economic 
                development, particularly in rural communities, 
                for socially disadvantaged individuals, and for 
                disadvantaged populations;
                  (D) the applicant's efforts to provide 
                guidance to local communities on public and 
                private resources relate to community concerns, 
                such as congestion, rail and grade crossing 
                safety, trespasser prevention, quiet zones, 
                idling, and rail line relocations;
                  (E) whether the applicant seeks to restore 
                service over routes formerly operated by 
                Amtrak, including routes described in section 
                11304(a) of the Passenger Rail Reform and 
                Investment Act of 2015 (title XI of division A 
                of Public Law 114-94);
                  (F) the applicant's intent to provide 
                intercity passenger rail service to regions and 
                communities that are underserved or not served 
                by other intercity public transportation;
                  (G) whether the applicant is enhancing 
                connectivity and geographic coverage of the 
                existing national network of intercity rail 
                passenger service;
                  (H) the applicant's efforts to engage with 
                entities to deploy railroad safety technology 
                or programs, including trespassing prevention, 
                rail integrity inspection systems, or grade 
                crossing safety;
                  (I) whether the applicant prepares regional 
                rail and corridor service development plans and 
                corresponding environmental analysis; and
                  (J) whether the applicant has engaged with 
                the Federal, local, or State government and 
                transportation planning agencies to identify 
                projects necessary to enhance multimodal 
                connections or facilitate service integration 
                between rail service and other modes, including 
                between intercity rail passenger transportation 
                and intercity bus service, commercial air 
                service, or commuter rail service.
          (2) Preference.--In selecting grant recipients, the 
        Secretary shall give preference to applicants that are 
        initiating, restoring, or enhancing intercity rail 
        passenger transportation.
  (c) Application Process.--The Secretary shall prescribe the 
form and manner of submitting applications under this section.
  (d) Performance Measures.--
          (1) In general.--The Secretary shall establish 
        performance measures for each grant recipient to assess 
        progress in achieving strategic goals and objectives.
          (2) Annual report.-- The Secretary shall require 
        grant recipients to submit an annual report of the 
        activities of such recipient and information related to 
        applicable performance measures, which may include--
                  (A) a demonstration of progress to achieve or 
                advance the relevant criteria described in 
                subsection (b); and
                  (B) the amount of non-Federal matching funds 
                provided from each member State.
  (e) Federal Share of Total Project Cost.--The Secretary shall 
require each recipient of a grant under this subsection to 
provide a non-Federal match of not less than 50 percent of the 
administrative assistance to the interstate rail compact.
  (f) Applicable Requirements.--The use of any amounts 
appropriated for grants under this section shall be subject to 
the applicable requirements under this chapter.
  (g) Applicability.--Amounts appropriated to carry out this 
section shall remain available until expended.
  (h) Limitations.--
          (1) Maximum funding per applicant.--The Secretary may 
        not award grants under this section in an amount 
        exceeding $500,000 annually for each applicant.
          (2) Numeric limitation.--The Secretary may not 
        provide grants under this section to more than 10 
        interstate rail compacts in any fiscal year.
  (i) Definitions.--In this section:
          (1) Applicant.--The term ``applicant'' means an 
        interstate rail compact or an interstate commission 
        composed of 2 or more States that has been established 
        to promote, develop, or operate intercity passenger 
        rail transportation systems.
          (2) Intercity passenger rail service.--The term 
        ``intercity passenger rail service'' has the meaning 
        given the term ``intercity rail passenger 
        transportation'' in section 24102.

Sec. 22911. State rail planning formula funds

  (a) In General.--In carrying out this chapter, the Secretary 
shall allocate an appropriate portion of 1.5 percent of the 
amounts made available for programs under this chapter to 
provide grants to States--
          (1) for State or multi-State regional intercity 
        passenger rail corridor planning or project-specific, 
        intercity passenger rail planning purposes; or
          (2) for funding rail projects otherwise eligible 
        under section 22907 if no intercity passenger rail 
        planning is feasible.
  (b) Limitation of Funds.--Any unobligated balances of a grant 
under this section remaining after 3 years from the fiscal year 
in which the grant was made shall be redistributed in an 
appropriate portion.
  (c) Definitions.--In this section:
          (1) Appropriate portion.--The term ``appropriate 
        portion'' means a share, for each State--
                  (A) one quarter of which is comprised of the 
                ratio that the total railroad route miles in 
                such State bears to the total railroad route 
                miles in the United States, excluding from each 
                such total the route miles used exclusively for 
                tourist excursions;
                  (B) one quarter of which is comprised of the 
                ratio that the population in such State bears 
                to the total population of the United States, 
                as determined by the Bureau of the Census; and
                  (C) half of which is comprised of the ratio 
                that the Amtrak ridership for fiscal year 2019 
                in each State bears to the total Amtrak 
                ridership for fiscal year 2019.
          (2) State.--The term ``State'' means each of the 50 
        States and the District of Columbia.

Sec. 22912. Highway-rail grade crossing separation grants

  (a) General Authority.--The Secretary of Transportation shall 
make grants under this section to eligible entities to assist 
in funding the cost of highway-rail grade crossing separation 
projects.
  (b) Application Requirements.--To be eligible for a grant 
under this section, an eligible entity shall submit to the 
Secretary an application in such form, in such manner, and 
containing such information as the Secretary may require, 
including--
          (1) an agreement between the entity that owns or 
        controls the railroad right-of-way and the applicant 
        addressing access to the railroad right-of-way 
        throughout the project; and
          (2) a cost-sharing agreement with the funding amounts 
        that the entity that owns or controls the railroad 
        right-of-way shall contribute to the project, which 
        shall be not less than 10 percent of the total project 
        cost.
  (c) Eligible Projects.--The following projects are eligible 
to receive a grant under this section:
          (1) Installation, repair, or improvement, including 
        necessary acquisition of real property interests, of 
        highway-rail grade crossing separations.
          (2) Highway-rail grade crossing elimination 
        incidental to eligible grade crossing separation 
        projects.
          (3) Project planning, development, and environmental 
        work related to a project described in paragraph (1) or 
        (2).
  (d) Project Selection Criteria.--In awarding grants under 
this section, the Secretary--
          (1) shall give priority to projects that maximize the 
        safety benefits of Federal funding;
          (2) shall give priority to projects that provide 
        direct benefits to socially disadvantaged individuals 
        (as such term is defined in section 22906(b)); and
          (3) may evaluate applications on the safety profile 
        of the existing crossing, 10-year history of accidents 
        at such crossing, inclusion of the proposed project on 
        a State highway-rail grade crossing action plan, 
        average daily vehicle traffic, total number of trains 
        per day, average daily number of crossing closures, the 
        challenges of grade crossings located near 
        international borders, proximity to established 
        emergency evacuation routes, and proximity of community 
        resources, including schools, hospitals, fire stations, 
        police stations, and emergency medical service 
        facilities.
  (e) Federal Share of Total Project Costs.--
          (1) Total project costs.--The Secretary shall 
        estimate the total costs of a project under this 
        section based on the best available information, 
        including any available engineering studies, studies of 
        economic feasibility, environmental analysis, and 
        information on the expected use of equipment or 
        facilities.
          (2) Federal share.--The Federal share for a project 
        carried out under this section shall not exceed 85 
        percent.
  (f) Grant Conditions.--An eligible entity may not receive a 
grant for a project under this section unless such project 
complies with section 22905.
  (g) Letters of Intent.--
          (1) In general.--The Secretary shall, to the maximum 
        extent practicable, issue a letter of intent to a 
        recipient of a grant under this section that--
                  (A) announces an intention to obligate for a 
                project an amount that is not more than the 
                amount stipulated as the financial 
                participation of the Secretary for the project; 
                and
                  (B) states that the contingent commitment--
                          (i) is not an obligation of the 
                        Federal Government; and
                          (ii) is subject to the availability 
                        of appropriations for grants under this 
                        section and subject to Federal laws in 
                        force or enacted after the date of the 
                        contingent commitment.
          (2) Congressional notification.--
                  (A) In general.--Not later than 3 days before 
                issuing a letter of intent under paragraph (1), 
                the Secretary shall submit written notification 
                to--
                          (i) the Committee on Transportation 
                        and Infrastructure of the House of 
                        Representatives;
                          (ii) the Committee on Appropriations 
                        of the House of Representatives;
                          (iii) the Committee on Appropriations 
                        of the Senate; and
                          (iv) the Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate.
                  (B) Contents.--The notification submitted 
                under subparagraph (A) shall include--
                          (i) a copy of the letter of intent;
                          (ii) the criteria used under 
                        subsection (d) for selecting the 
                        project for a grant; and
                          (iii) a description of how the 
                        project meets such criteria.
  (h) Appropriations Required.--An obligation or contingent 
commitment may be made under subsection (g) only after amounts 
are appropriated for such purpose.
  (i) Definitions.--In this section:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a State;
                  (B) a public agency or publicly chartered 
                authority;
                  (C) a metropolitan planning organization;
                  (D) a political subdivision of a State; and
                  (E) a Tribal government.
          (2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning 
        given such term in section 134(b) of title 23.
          (3) State.--The term ``State'' means a State of the 
        United States or the District of Columbia.

Sec. 22913. University Rail Climate Innovation Institute

  (a) Establishment.--The Secretary of Transportation may make 
a grant to an institution of higher education to establish a 
University Rail Climate Innovation Institute (in this section 
referred to as the `Institute') for the research and 
development of low- and zero-emission rail technologies. Such 
grant agreement shall not exceed 5 years.
  (b) Eligible Applicants.--To be eligible for a grant under 
the subsection (a), an institution of higher education shall--
          (1) have an active research program to study the 
        development of low- and zero-emission rail technologies 
        or be able to demonstrate sufficient expertise in 
        relevant rail research and development;
          (2) enter into a cost-sharing agreement for purposes 
        of the Institute with a railroad or rail supplier; and
          (3) submit to the Secretary an application in such 
        form, at such time, and containing such information as 
        the Secretary may require.
  (c) Eligible Projects.--A recipient of this grant under this 
section may carry out the research, design, development, and 
demonstration of 1 or more of the following:
          (1) Hydrogen-powered locomotives and associated 
        locomotive technologies.
          (2) Battery-powered locomotives and associated 
        locomotive technologies.
          (3) Deployment of a revenue service testing and 
        demonstration program to accelerate commercial adoption 
        of low- or zero-emission locomotives.
          (4) Development or deployment of an operating 
        prototype low- or zero-emission locomotive.
          (5) Rail technologies that significantly reduce 
        greenhouse gas emissions, as determined appropriate by 
        the Secretary.
  (d) Buy America Applicability.--For purposes of subsection 
(c)(4), the recipient shall be in compliance with section 
22905(a).
  (e) Funding Requirement.--The Federal share of the total cost 
of the Institute shall not exceed 50 percent.
  (f) Considerations.--In selecting an applicant to receive 
funding to establish the Institute, the Secretary shall 
consider--
          (1) the extent to which the proposed activities 
        maximize greenhouse gas reductions;
          (2) the potential of the proposed activities to 
        increase the use of low- and zero- emission rail 
        technologies among the United States freight and 
        passenger rail industry; and
          (3) the anticipated public benefits of the proposed 
        activities.
  (g) Consideration of HBCUs.--In selecting an institution of 
higher education for a grant award under this section, the 
Secretary shall consider historically black colleges and 
universities, as such term is defined in section 371(a)of the 
Higher Education Act of 1965 (2010 U.S.C. 1067q), and other 
minority institutions, as such term is defined by section 365 
of such Act (20 U.S.C. 1067k).
  (h) Notification.--
          (1) Notice.--Not less than 3 days before an applicant 
        has been selected, the Secretary shall notify the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate of the 
        intention to award such a grant.
          (2) Report.--The Institute shall submit to the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives, the Committee on Commerce, 
        Science, and Transportation of the Senate, and the 
        Secretary an annual report summarizing the activities 
        undertaken by the Institute on low- and zero-emission 
        rail technologies.
  (i) Institution of Higher Education Defined.--In this 
section, the term `institution of higher education' has the 
meaning given such term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001).

           *       *       *       *       *       *       *


PART C--PASSENGER TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 241--GENERAL

           *       *       *       *       *       *       *


Sec. 24101. Findings, mission, and goals

  (a) Findings.--(1) Public convenience and necessity require 
that Amtrak[, to the extent its budget allows,] provide modern, 
cost-efficient, and energy-efficient intercity rail passenger 
transportation [between crowded urban areas and in other areas 
of] throughout the United States.
  (2) Rail passenger transportation can help alleviate 
overcrowding of airways and airports and on highways, thereby 
providing additional capacity for the traveling public and 
widespread air quality benefits.
  (3) A traveler in the United States should have the greatest 
possible choice of transportation most convenient to the needs 
of the traveler.
  (4) A [greater] high degree of cooperation is necessary among 
Amtrak, other rail carriers, State, regional, and local 
governments, the private sector, labor organizations, and 
suppliers of services and equipment [to Amtrak to achieve a 
performance level sufficient to justify expending public money] 
in order to meet the intercity passenger rail needs of the 
United States.
  (5) Modern and efficient intercity and commuter rail 
passenger transportation is important to the viability and 
well-being of major urban areas and to [the energy conservation 
and self-sufficiency] addressing climate change, energy 
conservation, and self-sufficiency goals of the United States.
  (6) As a rail passenger transportation entity, Amtrak should 
be available to operate commuter rail passenger transportation 
[through its subsidiary, Amtrak Commuter,] under contract with 
commuter authorities that do not provide the transportation 
themselves as part of the governmental function of the State.
  (7) The Northeast Corridor is a valuable resource of the 
United States used by intercity and commuter rail passenger 
transportation and freight transportation.
  (8) Greater coordination between intercity and commuter rail 
passenger transportation is required.
  (9) Long-distance intercity passenger rail provides economic 
benefits to rural communities and offers intercity travel 
opportunities where such options are often limited, making 
long-distance intercity passenger rail an important part of the 
national transportation system.
  (10) The Northeast Corridor, long-distance routes, and State-
supported routes are interconnected and collectively provide 
national rail passenger transportation.
  (11) Investments in intercity and commuter rail passenger 
transportation support jobs that provide a pathway to the 
middle class.
  (b) Mission.--[The mission of Amtrak is to provide efficient 
and effective intercity passenger rail mobility consisting of 
high quality service that is trip-time competitive with other 
intercity travel options and that is consistent] 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 
with the goals set forth in subsection (c).
  (c) Goals.--Amtrak shall--
          [(1) use its best business judgment in acting to 
        minimize United States Government subsidies, 
        including--
                  [(A) increasing fares;
                  [(B) increasing revenue from the 
                transportation of mail and express;
                  [(C) reducing losses on food service;
                  [(D) improving its contracts with operating 
                rail carriers;
                  [(E) reducing management costs; and
                  [(F) increasing employee productivity;]
          (1) use its best business judgment in acting to 
        maximize the benefits of public funding;
          (2) [minimize Government subsidies by encouraging] 
        work with State, regional, and local governments and 
        the private sector, separately or in combination, to 
        share the cost of providing rail passenger 
        transportation, including the cost of operating 
        facilities[;] and improvements to service;
          [(3) carry out strategies to achieve immediately 
        maximum productivity and efficiency consistent with 
        safe and efficient transportation;]
          (3) manage the passenger rail network in the interest 
        of public transportation needs, including current and 
        future Amtrak passengers;
          (4) operate Amtrak trains, to the maximum extent 
        feasible, to all station stops within 15 minutes of the 
        time established in public timetables;
          (5) develop transportation on rail corridors 
        subsidized by States and private parties;
          (6) implement schedules based on a systemwide average 
        speed of at least 60 miles an hour that can be achieved 
        with a degree of reliability and passenger comfort;
          (7) [encourage] work with rail carriers to assist in 
        improving intercity rail passenger transportation;
          (8) improve generally the performance of Amtrak 
        through comprehensive and systematic operational 
        programs and employee incentives;
          (9) provide additional or complementary intercity 
        transportation service to ensure mobility in times of 
        national disaster or other instances where other travel 
        options are not adequately available;
          (10) carry out policies that ensure equitable access 
        to the Northeast Corridor by intercity and commuter 
        rail passenger transportation;
          (11) coordinate the uses of the Northeast Corridor, 
        particularly intercity and commuter rail passenger 
        transportation; [and]
          [(12) maximize the use of its resources, including 
        the most cost-effective use of employees, facilities, 
        and real property.]
          (12) utilize and manage resources with a long-term 
        perspective, including sound investments that take into 
        account the overall lifecycle costs of an asset;
          (13) ensure that service is accessible, equitable, 
        and accommodating to passengers with disabilities and 
        members of underserved communities; and
          (14) maximize the benefits Amtrak generates for the 
        United States by creating quality jobs and supporting 
        the domestic workforce.
  [(d) Minimizing Government Subsidies.--To carry out 
subsection (c)(12) of this section, Amtrak is encouraged to 
make agreements with the private sector and undertake 
initiatives that are consistent with good business judgment and 
designed to maximize its revenues and minimize Government 
subsidies. Amtrak shall prepare a financial plan, consistent 
with section 204 of the Passenger Rail Investment and 
Improvement Act of 2008, including the budgetary goals for 
fiscal years 2009 through 2013. Amtrak and its Board of 
Directors shall adopt a long-term plan that minimizes the need 
for Federal operating subsidies.]

           *       *       *       *       *       *       *


Sec. 24103. Enforcement

  (a) General.--(1) Except as provided in paragraph (2) of this 
subsection and section 24308(c), only the Attorney General may 
bring a civil action for equitable relief in a district court 
of the United States when Amtrak or a rail carrier--
          (A) engages in or adheres to an action, practice, or 
        policy inconsistent with this part or chapter 229;
          (B) obstructs or interferes with an activity 
        authorized under this part or chapter 229;
          (C) refuses, fails, or neglects to discharge its 
        duties and responsibilities under this part or chapter 
        229; or
          (D) threatens--
                  (i) to engage in or adhere to an action, 
                practice, or policy inconsistent with this part 
                or chapter 229;
                  (ii) to obstruct or interfere with an 
                activity authorized by this part or chapter 
                229; or
                  (iii) to refuse, fail, or neglect to 
                discharge its duties and responsibilities under 
                this part or chapter 229.
  (2) An employee affected by any conduct or threat referred to 
in paragraph (1) of this subsection, or an authorized employee 
representative, may bring the civil action if the conduct or 
threat involves a labor agreement.
  (b) Review of Discontinuance or Reduction.--A discontinuance 
of a route, a train, or transportation, or a reduction in the 
frequency of transportation, by Amtrak is reviewable only in a 
civil action for equitable relief brought by the Attorney 
General.
  (c) Venue.--Except as otherwise prohibited by law, a civil 
action under this section may be brought in the judicial 
district in which Amtrak or the rail carrier resides or is 
found.

           *       *       *       *       *       *       *


                     CHAPTER 242--PROJECT DELIVERY

Sec.
     * * * * * * *
Sec. 24203. Advance acquisition.

           *       *       *       *       *       *       *


SEC. 24203. ADVANCE ACQUISITION.

  (a) Rail Corridor Preservation.--The Secretary of 
Transportation may assist a recipient of Federal financial 
assistance provided by the Secretary for an intercity passenger 
rail project in acquiring a right-of-way and adjacent real 
property interests before or during the completion of the 
environmental reviews for a project that may use such property 
interests if the acquisition is otherwise permitted under 
Federal law.
  (b) Certification.--Before authorizing advance acquisition 
under this section, the Secretary shall verify that--
          (1) the recipient has authority to acquire the real 
        property interest; and
          (2) the acquisition of the real property interest--
                  (A) is for a transportation purpose;
                  (B) will not cause significant adverse 
                environmental impact;
                  (C) will not limit the choice of reasonable 
                alternatives for the proposed project or 
                otherwise influence the decision of the 
                Secretary on any approval required for the 
                project;
                  (D) does not prevent the lead agency from 
                making an impartial decision as to whether to 
                accept an alternative that is being considered;
                  (E) complies with other applicable Federal 
                laws and regulations; and
                  (F) will not result in elimination or 
                reduction of benefits or assistance to a 
                displaced person required by the Uniform 
                Relocation Assistance and Real Property 
                Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.) and title VI of the Civil Rights 
                Act of 1964 (42 U.S.C. 2000d et seq.).
  (c) Environmental Reviews.--
          (1) Completion of nepa review.--Before reimbursing or 
        approving the expenditure of Federal funding for an 
        acquisition of a real property interest, the Secretary 
        shall complete all review processes otherwise required 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), section 4(f) of the Department of 
        Transportation Act of 1966 (49 U.S.C. 303), and section 
        106 of the National Historic Preservation Act (16 
        U.S.C. 470f) with respect to the acquisition.
          (2) Timing of development acquisition.--A real 
        property interest acquired under subsection (a) may not 
        be developed in anticipation of the proposed project 
        until all required environmental reviews for the 
        project have been completed.
  (d) Inclusion in Non-federal Share of Project Costs.--Non-
Federal funds used to acquire right-of-way and adjacent real 
property interests under this section before or during the 
environmental review, or before the award of a grant by the 
Secretary, shall be included in determining the non-Federal 
share of the costs of the underlying intercity passenger rail 
project.
  (e) Savings Clause.--The advance acquisition process 
described in this section--
          (1) is in addition to processes in effect on or 
        before the date of enactment of the TRAIN Act; and
          (2) does not affect--
                  (A) any right of the recipient described in 
                subsection (a) to acquire property; or
                  (B) any other environmental review process, 
                program, agreement, or funding arrangement 
                related to the acquisition of real property, in 
                effect on the date of enactment of the TRAIN 
                Act.

                          CHAPTER 243--AMTRAK

Sec.
     * * * * * * *
[24321. Food and beverage reform.]
24321. Amtrak food and beverage.
     * * * * * * *
24323. Prohibition on smoking on Amtrak trains.
24324. Disaster and emergency relief program.
24325. Amtrak cybersecurity enhancement and resiliency grant program.
24326. Amtrak Office of Community Outreach.
24327. Amtrak carbon-free and renewable energy initiatives.

Sec. 24301. Status and applicable laws

  (a) Status.--Amtrak--
          (1) is a railroad carrier under section [20102(2)] 
        20102 and chapters 261 and 281 of this title;
          (2) shall be operated and managed as a for-profit 
        corporation serving the public interest in reliable 
        passenger rail service; and
          (3) is not a department, agency, or instrumentality 
        of the United States Government, and shall not be 
        subject to title 31.
  (b) Principal Office and Place of Business.--The principal 
office and place of business of Amtrak are in the District of 
Columbia. Amtrak is qualified to do business in each State in 
which Amtrak carries out an activity authorized under this 
part. Amtrak shall accept service of process by certified mail 
addressed to the secretary of Amtrak at its principal office 
and place of business. Amtrak is a citizen only of the District 
of Columbia when deciding original jurisdiction of the district 
courts of the United States in a civil action.
  (c) Application of Subtitle IV.--Subtitle IV of this title 
shall not apply to Amtrak, except for sections 11123, 11301, 
11322(a), 11502, and 11706. Notwithstanding the preceding 
sentence, Amtrak shall continue to be considered an employer 
under the Railroad Retirement Act of 1974, the Railroad 
Unemployment Insurance Act, and the Railroad Retirement Tax 
Act.
  (d) Application of Safety and Employee Relations Laws and 
Regulations.--Laws and regulations governing safety, employee 
representation for collective bargaining purposes, the handling 
of disputes between carriers and employees, employee 
retirement, annuity, and unemployment systems, and other 
dealings with employees that apply to a rail carrier subject to 
part A of subtitle IV of this title apply to Amtrak.
  (e) Application of Certain Additional Laws.--Section 552 of 
title 5, this part, and, to the extent consistent with this 
part, the District of Columbia Business Corporation Act (D.C. 
Code Sec.  29-301 et seq.) apply to Amtrak. Section 552 of 
title 5, United States Code, applies to Amtrak for any fiscal 
year in which Amtrak receives a Federal subsidy.
  (f) Tax Exemption for Certain Commuter Authorities.--A 
commuter authority that was eligible to make a contract with 
Amtrak Commuter to provide commuter rail passenger 
transportation but which decided to provide its own rail 
passenger transportation beginning January 1, 1983, is exempt, 
effective October 1, 1981, from paying a tax or fee to the same 
extent Amtrak is exempt.
  (g) Nonapplication of Rate, Route, and Service Laws.--A State 
or other law related to rates, routes, or service does not 
apply to Amtrak in connection with rail passenger 
transportation.
  (h) Nonapplication of Pay Period Laws.--A State or local law 
related to pay periods or days for payment of employees does 
not apply to Amtrak. Except when otherwise provided under a 
collective bargaining agreement, an employee of Amtrak shall be 
paid at least as frequently as the employee was paid on October 
1, 1979.
  (i) Preemption Related to Employee Work Requirements.--A 
State may not adopt or continue in force a law, rule, 
regulation, order, or standard requiring Amtrak to employ a 
specified number of individuals to perform a particular task, 
function, or operation.
  (j) Nonapplication of Laws on Joint Use or Operation of 
Facilities and Equipment.--Prohibitions of law applicable to an 
agreement for the joint use or operation of facilities and 
equipment necessary to provide quick and efficient rail 
passenger transportation do not apply to a person making an 
agreement with Amtrak to the extent necessary to allow the 
person to make and carry out obligations under the agreement.
  (k) Exemption From Additional Taxes.--(1) In this 
subsection--
          (A) ``additional tax'' means a tax or fee--
                  (i) on the acquisition, improvement, 
                ownership, or operation of personal property by 
                Amtrak; and
                  (ii) on real property, except a tax or fee on 
                the acquisition of real property or on the 
                value of real property not attributable to 
                improvements made, or the operation of those 
                improvements, by Amtrak.
          (B) ``Amtrak'' includes a rail carrier subsidiary of 
        Amtrak and a lessor or lessee of Amtrak or one of its 
        rail carrier subsidiaries.
  (2) Amtrak is not required to pay an additional tax because 
of an expenditure to acquire or improve real property, 
equipment, a facility, or right-of-way material or structures 
used in providing rail passenger transportation, even if that 
use is indirect.
  (l) Exemption From Taxes Levied After September 30, 1981.--
(1) In general.--Amtrak, a rail carrier subsidiary of Amtrak, 
and any passenger or other customer of Amtrak or such 
subsidiary, are exempt from a tax, fee, head charge, or other 
charge, imposed or levied by a State, political subdivision, or 
local taxing authority on Amtrak, a rail carrier subsidiary of 
Amtrak, or on persons traveling in intercity rail passenger 
transportation or on mail or express transportation provided by 
Amtrak or such a subsidiary, or on the carriage of such 
persons, mail, or express, or on the sale of any such 
transportation, or on the gross receipts derived therefrom 
after September 30, 1981. In the case of a tax or fee that 
Amtrak was required to pay as of September 10, 1982, Amtrak is 
not exempt from such tax or fee if it was assessed before April 
1, 1997.
  (2) The district courts of the United States have original 
jurisdiction over a civil action Amtrak brings to enforce this 
subsection and may grant equitable or declaratory relief 
requested by Amtrak.
  (m) Waste Disposal.--(1) An intercity rail passenger car 
manufactured after October 14, 1990, shall be built to provide 
for the discharge of human waste only at a servicing facility. 
Amtrak shall retrofit each of its intercity rail passenger cars 
that was manufactured after May 1, 1971, and before October 15, 
1990, with a human waste disposal system that provides for the 
discharge of human waste only at a servicing facility. Subject 
to appropriations--
          (A) the retrofit program shall be completed not later 
        than October 15, 2001; and
          (B) a car that does not provide for the discharge of 
        human waste only at a servicing facility shall be 
        removed from service after that date.
  (2) Section 361 of the Public Health Service Act (42 U.S.C. 
264) and other laws of the United States, States, and local 
governments do not apply to waste disposal from rail carrier 
vehicles operated in intercity rail passenger transportation. 
The district courts of the United States have original 
jurisdiction over a civil action Amtrak brings to enforce this 
paragraph and may grant equitable or declaratory relief 
requested by Amtrak.
  (n) Rail Transportation Treated Equally.--When authorizing 
transportation in the continental United States for an officer, 
employee, or member of the uniformed services of a department, 
agency, or instrumentality of the Government, the head of that 
department, agency, or instrumentality shall consider rail 
transportation (including transportation by extra-fare trains) 
the same as transportation by another authorized mode. The 
Administrator of General Services shall include Amtrak in the 
contract air program of the Administrator in markets in which 
transportation provided by Amtrak is competitive with other 
carriers on fares and total trip times.
  (o) Applicability of District of Columbia Law.--Any lease or 
contract entered into between Amtrak and the State of Maryland, 
or any department or agency of the State of Maryland, after the 
date of the enactment of this subsection shall be governed by 
the laws of the District of Columbia.

Sec. 24302. Board of directors

  (a) Composition and Terms.--
          (1) The Amtrak Board of Directors (referred to in 
        this section as the ``Board'') is composed of the 
        following 10 directors, each of whom must be a citizen 
        of the United States:
                  (A) The Secretary of Transportation.
                  (B) The [President of Amtrak] Chief Executive 
                Officer of Amtrak, who shall serve as a 
                nonvoting member of the Board.
                  [(C) 8 individuals appointed by the President 
                of the United States, by and with the advice 
                and consent of the Senate, with general 
                business and financial experience, experience 
                or qualifications in transportation, freight 
                and passenger rail transportation, travel, 
                hospitality, cruise line, or passenger air 
                transportation businesses, or representatives 
                of employees or users of passenger rail 
                transportation or a State government.]
                  (C) 8 individuals appointed by the President 
                of the United States, by and with the advice 
                and consent of the Senate, with a record of 
                support for national intercity passenger rail 
                service. Of the individuals appointed--
                          (i) 1 shall be a Mayor or Governor of 
                        a location served by a regularly 
                        scheduled Amtrak service on the 
                        Northeast Corridor;
                          (ii) 1 shall be a Mayor or Governor 
                        of a location served by a regularly 
                        scheduled Amtrak service that is not on 
                        the Northeast Corridor;
                          (iii) 1 shall be a representative of 
                        Amtrak employees;
                          (iv) 1 shall be an individual with a 
                        history of regular Amtrak ridership and 
                        an understanding of the concerns of 
                        intercity rail passengers;
                          (v) 1 shall be an individual with--
                                  (I) demonstrated experience 
                                or demonstrated interest in the 
                                Northeast Corridor and the 
                                National Network; and
                                  (II) industry experience or 
                                qualifications in 
                                transportation, freight and 
                                passenger rail transportation, 
                                travel, or passenger air 
                                transportation; and
                          (vi) 1 shall be an individual with 
                        general business and financial 
                        experience who has demonstrated 
                        experience or demonstrated interest in 
                        the Northeast Corridor and the National 
                        Network.
          (2) In selecting individuals described in paragraph 
        (1) for nominations for appointments to the Board, the 
        President shall consult with the Speaker of the House 
        of Representatives, the minority leader of the House of 
        Representatives, the majority leader of the Senate, and 
        the minority leader of the Senate and try to provide 
        adequate and balanced representation of users of 
        Amtrak, including the elderly and individuals with 
        disabilities, and the major geographic regions of the 
        United States served by Amtrak.
          (3) An individual appointed under paragraph (1)(C) of 
        this subsection shall be appointed for a term of 5 
        years. Such term may be extended until the individual's 
        successor is appointed and qualified. [Not more than 5] 
        Not more than 4 individuals appointed under paragraph 
        (1)(C) may be members of the same political party. 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.
          (4) The Board shall elect a chairman and a vice 
        chairman, other than the [President] Chief Executive 
        Officer of Amtrak, from among its membership. The vice 
        chairman shall serve as chairman in the absence of the 
        chairman.
          [(5) The Secretary may be represented at Board 
        meetings by the Secretary's designee.]
          (5) The Secretary and any Governor of a State may be 
        represented at a Board meeting by a designee.
  (b)  [Pay and Expenses] Duties, Pay, and Expenses.--Each 
director must consider the well-being of current and future 
Amtrak passengers, the public interest in sustainable national 
passenger rail service, and balance the preceding 
considerations with the fiduciary responsibilities of the 
director and the mission and goals of Amtrak. Each director not 
employed by the United States Government or Amtrak is entitled 
to reasonable pay when performing Board duties. Each director 
not employed by the United States Government is entitled to 
reimbursement from Amtrak for necessary travel, reasonable 
secretarial and professional staff support, and subsistence 
expenses incurred in attending Board meetings.
  (c) Travel.--(1) Each director not employed by the United 
States Government shall be subject to the same travel and 
reimbursable business travel expense policies and guidelines 
that apply to Amtrak's executive management when performing 
Board duties.
  (2) Not later than 60 days after the end of each fiscal year, 
the Board shall submit a report describing all travel and 
reimbursable business travel expenses paid to each director 
when performing Board duties to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate.
  (3) The report submitted under paragraph (2) shall include a 
detailed justification for any travel or reimbursable business 
travel expense that deviates from Amtrak's travel and 
reimbursable business travel expense policies and guidelines.
  (d) Vacancies.--A vacancy on the Board is filled in the same 
way as the original selection, except that an individual 
appointed by the President of the United States under 
subsection (a)(1)(C) of this section to fill a vacancy 
occurring before the end of the term for which the predecessor 
of that individual was appointed is appointed for the remainder 
of that term. A vacancy required to be filled by appointment 
under subsection (a)(1)(C) must be filled not later than 120 
days after the vacancy occurs.
  (e) Quorum.--A majority of the members serving who are 
eligible to vote shall constitute a quorum for doing business.
  (f) Bylaws.--The Board may adopt and amend bylaws governing 
the operation of Amtrak. The bylaws shall be consistent with 
this part and the articles of incorporation.
  (g) Governor Defined.--In this section, the term ``Governor'' 
means the Governor of a State or the Mayor of the District of 
Columbia and includes a designee of the Governor.

           *       *       *       *       *       *       *


Sec. 24305. General authority

  (a) Acquisition and Operation of Equipment and Facilities.--
(1) Amtrak may acquire, operate, maintain, and make contracts 
for the operation and maintenance of equipment and facilities 
necessary for intercity and commuter rail passenger 
transportation, the transportation of mail and express, and 
auto-ferry transportation.
  (2) Amtrak shall operate and control directly, to the extent 
practicable, all aspects of the rail passenger transportation 
it provides.
  (3)(A) Except as provided in subsection (d)(2), Amtrak may 
enter into a contract with a motor carrier of passengers for 
the intercity transportation of passengers by motor carrier 
over regular routes only--
          (i) if the motor carrier is not a public recipient of 
        governmental assistance, as such term is defined in 
        section 13902(b)(8)(A) of this title, other than a 
        recipient of funds under section 5311 of this title;
          (ii) for passengers who have had prior movement by 
        rail or will have subsequent movement by rail; and
          (iii) if the buses, when used in the provision of 
        such transportation, are used exclusively for the 
        transportation of passengers described in clause (ii).
  (B) Subparagraph (A) shall not apply to transportation funded 
predominantly by a State or local government, or to ticket 
selling agreements.
  (b) Maintenance and Rehabilitation.--Amtrak may maintain and 
rehabilitate rail passenger equipment and shall maintain a 
regional maintenance plan that includes--
          (1) a review panel at the principal office of Amtrak 
        consisting of members the President of Amtrak 
        designates;
          (2) a systemwide inventory of spare equipment parts 
        in each operational region;
          (3) enough maintenance employees for cars and 
        locomotives in each region;
          (4) a systematic preventive maintenance program;
          (5) periodic evaluations of maintenance costs, time 
        lags, and parts shortages and corrective actions; and
          (6) other elements or activities Amtrak considers 
        appropriate.
  (c) Miscellaneous Authority.--Amtrak may--
          (1) make and carry out appropriate agreements;
          (2) transport mail and express and shall use all 
        feasible methods to obtain the bulk mail business of 
        the United States Postal Service;
          (3) improve its reservation system and advertising;
          (4) provide food and beverage services on its trains 
        [only if revenues from the services each year at least 
        equal the cost of providing the services];
          (5) conduct research, development, and demonstration 
        programs related to the mission of Amtrak; and
          (6) buy or lease rail rolling stock and develop and 
        demonstrate improved rolling stock.
  (d) Through Routes and Joint Fares.--(1) Establishing through 
routes and joint fares between Amtrak and other intercity rail 
passenger carriers and motor carriers of passengers is 
consistent with the public interest and the transportation 
policy of the United States. Congress encourages establishing 
those routes and fares.
  (2) Amtrak may establish through routes and joint fares with 
any domestic or international motor carrier, air carrier, or 
water carrier.
  (3) Congress encourages Amtrak and motor common carriers of 
passengers to use the authority conferred in sections 11322 and 
14302 of this title for the purpose of providing improved 
service to the public and economy of operation.
  (e) Rail Police.--Amtrak may directly employ or contract with 
rail police to provide security for rail passengers and 
property of Amtrak. Rail police directly employed by or 
contracted by Amtrak who have complied with a State law 
establishing requirements applicable to rail police or 
individuals employed in a similar position may be directly 
employed or contracted without regard to the law of another 
State containing those requirements.
  (f) Domestic Buying Preferences.--(1) In this subsection, 
``United States'' means the States, territories, and 
possessions of the United States and the District of Columbia.
  (2) Amtrak shall buy only--
          (A) unmanufactured articles, material, and supplies 
        mined or produced in the United States; or
          (B) manufactured articles, material, and supplies 
        manufactured in the United States substantially from 
        articles, material, and supplies mined, produced, or 
        manufactured in the United States.
  (3) Paragraph (2) of this subsection applies only when the 
cost of those articles, material, or supplies bought is at 
least $1,000,000.
  (4) On application of Amtrak, the Secretary of Transportation 
may exempt Amtrak from this subsection if the Secretary decides 
that--
          (A) for particular articles, material, or supplies--
                  (i) the requirements of paragraph (2) of this 
                subsection are inconsistent with the public 
                interest;
                  (ii) the cost of imposing those requirements 
                is unreasonable; or
                  (iii) the articles, material, or supplies, or 
                the articles, material, or supplies from which 
                they are manufactured, are not mined, produced, 
                or manufactured in the United States in 
                sufficient and reasonably available commercial 
                quantities and are not of a satisfactory 
                quality; or
          (B) rolling stock or power train equipment cannot be 
        bought and delivered in the United States within a 
        reasonable time.

           *       *       *       *       *       *       *


Sec. 24307. Special transportation

  (a) Reduced Fare Program.--Amtrak shall maintain a reduced 
fare program [for the following:] of at least a 10 percent 
discount on full-price coach class rail fares for, at a 
minimum--
          (1) individuals at least 65 years of age[.];
          [(2) individuals (except alcoholics and drug abusers) 
        who--
                  [(A) have a physical or mental impairment 
                that substantially limits a major life activity 
                of the individual;
                  [(B) have a record of an impairment; or
                  [(C) are regarded as having an impairment.]
          (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.
  (b) Employee Transportation.--(1) In this subsection, ``rail 
carrier employee'' means--
          (A) an active full-time employee of a rail carrier or 
        terminal company and includes an employee on furlough 
        or leave of absence;
          (B) a retired employee of a rail carrier or terminal 
        company; and
          (C) a dependent of an employee referred to in clause 
        (A) or (B) of this paragraph.
  (2) Amtrak shall ensure that a rail carrier employee eligible 
for free or reduced-rate rail transportation on April 30, 1971, 
under an agreement in effect on that date is eligible, to the 
greatest extent practicable, for free or reduced-rate intercity 
rail passenger transportation provided by Amtrak under this 
part, if space is available, on terms similar to those 
available on that date under the agreement. However, Amtrak may 
apply to all rail carrier employees eligible to receive free or 
reduced-rate transportation under any agreement a single 
systemwide schedule of terms that Amtrak decides applied to a 
majority of employees on that date under all those agreements. 
Unless Amtrak and a rail carrier make a different agreement, 
the carrier shall reimburse Amtrak at the rate of 25 percent of 
the systemwide average monthly yield of each revenue passenger-
mile. The reimbursement is in place of costs Amtrak incurs 
related to free or reduced-rate transportation, including 
liability related to travel of a rail carrier employee eligible 
for free or reduced-rate transportation.
  (3) This subsection does not prohibit the Surface 
Transportation Board from ordering retroactive relief in a 
proceeding begun or reopened after October 1, 1981.

Sec. 24308. Use of facilities and providing services to Amtrak

  (a) General Authority.--(1) Amtrak may make an agreement with 
a rail carrier or regional transportation authority to use 
facilities of, and have services provided by, the carrier or 
authority under terms on which the parties agree. The terms 
shall include a penalty for untimely performance.
  (2)(A) If the parties cannot agree and if the Surface 
Transportation Board finds it necessary to carry out this part, 
the Board shall--
          (i) order that the facilities be made available and 
        the services provided to Amtrak; and
          (ii) prescribe reasonable terms and compensation for 
        using the facilities and providing the services.
  (B) When prescribing reasonable compensation under 
subparagraph (A) of this paragraph, the Board shall consider 
quality of service as a major factor when determining whether, 
and the extent to which, the amount of compensation shall be 
greater than the incremental costs of using the facilities and 
providing the services.
  (C) The Board shall decide the dispute not later than 90 days 
after Amtrak submits the dispute to the Board.
  (3) Amtrak's right to use the facilities or have the services 
provided is conditioned on payment of the compensation. If the 
compensation is not paid promptly, the rail carrier or 
authority entitled to it may bring an action against Amtrak to 
recover the amount owed.
  (4) Amtrak shall seek immediate and appropriate legal 
remedies to enforce its contract rights when track maintenance 
on a route over which Amtrak operates falls below the 
contractual standard.
  (b) Operating During Emergencies.--To facilitate operation by 
Amtrak during an emergency, the Board, on application by 
Amtrak, shall require a rail carrier to provide facilities 
immediately during the emergency. The Board then shall promptly 
prescribe reasonable terms, including indemnification of the 
carrier by Amtrak against personal injury risk to which the 
carrier may be exposed. The rail carrier shall provide the 
facilities for the duration of the emergency.
  (c) Preference Over Freight Transportation.--Except in an 
emergency, intercity and commuter rail passenger transportation 
provided by or for Amtrak has preference over freight 
transportation in using a rail line, junction, or crossing 
unless the Board orders otherwise under this subsection. A rail 
carrier affected by this subsection may apply to the Board for 
relief. If the Board, after an opportunity for a hearing under 
section 553 of title 5, decides that preference for intercity 
and commuter rail passenger transportation materially will 
lessen the quality of freight transportation provided to 
shippers, the Board shall establish the rights of the carrier 
and Amtrak on reasonable terms. 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.
  (d) Accelerated Speeds.--If a rail carrier refuses to allow 
accelerated speeds on trains operated by or for Amtrak, Amtrak 
may apply to the Board for an order requiring the carrier to 
allow the accelerated speeds. The Board shall decide whether 
accelerated speeds are unsafe or impracticable and which 
improvements would be required to make accelerated speeds safe 
and practicable. After an opportunity for a hearing, the Board 
shall establish the maximum allowable speeds of Amtrak trains 
on terms the Board decides are reasonable.
  (e) Additional Trains.--[(1) When a rail carrier does not 
agree to provide, or allow Amtrak to provide, for the operation 
of additional trains over a rail line of the carrier, Amtrak 
may apply to the Board for an order requiring the carrier to 
provide or allow for the operation of the requested trains. 
After a hearing on the record, the Board may order the carrier, 
within 60 days, to provide or allow for the operation of the 
requested trains on a schedule based on legally permissible 
operating times. However, if the Board decides not to hold a 
hearing, the Board, not later than 30 days after receiving the 
application, shall publish in the Federal Register the reasons 
for the decision not to hold the hearing.] (1)(A) When a rail 
carrier does not agree to allow Amtrak to operate additional 
trains in accordance with proposed schedules over any rail line 
of the carrier on which Amtrak is operating or seeks to 
operate, Amtrak may submit an application to the Board for an 
order requiring the carrier to allow for the operation of the 
requested trains. Not later than 90 days after receipt of such 
application, the Board shall determine whether the additional 
trains would unreasonably impair freight transportation and--
                  (i) upon a determination that such trains do 
                not unreasonably impair freight transportation, 
                order the rail carrier to allow for the 
                operation of such trains on a schedule 
                established by the Board; or
                  (ii) upon a determination that such trains do 
                unreasonably impair freight transportation, 
                initiate a proceeding to determine any 
                additional infrastructure investments required 
                by, or on behalf of, Amtrak.
          (B) If Amtrak seeks to resume operation of a train 
        that Amtrak operated during the 5-year period preceding 
        an application described in subparagraph (A), the Board 
        shall apply a presumption that the resumed operation of 
        such train will not unreasonably impair freight 
        transportation unless the Board finds that there are 
        substantially changed circumstances. 
  (2) [The Board shall consider] The Board shall--
          [(A) when conducting a hearing, whether an order 
        would impair unreasonably freight transportation of the 
        rail carrier, with the carrier having the burden of 
        demonstrating that the additional trains will impair 
        the freight transportation; and]
          (A) in making the determination under paragraph (1), 
        take into account any infrastructure investments 
        previously made by, or on behalf of, Amtrak, or 
        proposed in Amtrak's application, with the rail carrier 
        having the burden of demonstrating that the additional 
        trains will unreasonably impair the freight 
        transportation; and
          (B) when establishing scheduled running times, 
        consider investments described in subparagraph (A) and 
        the statutory goal of Amtrak to implement schedules 
        that attain a system-wide average speed of at least 60 
        miles an hour that can be adhered to with a high degree 
        of reliability and passenger comfort.
  (3) Unless the parties have an agreement that establishes the 
compensation Amtrak will pay the carrier for additional trains 
provided under an order under this subsection, the Board shall 
decide the dispute under subsection (a) of this section.
  (4) In a proceeding initiated by the Board under paragraph 
(1)(A)(ii), the Board shall solicit the views of the parties 
and require the parties to provide any necessary data or 
information. Not later than 180 days after the date on which 
the Board makes a determination under paragraph (1)(A)(ii), the 
Board shall issue an order requiring the rail carrier to allow 
for the operation of the requested trains provided that any 
conditions enumerated by the Board are met. In determining the 
necessary level of additional infrastructure or other 
investments needed to mitigate unreasonable impairment of 
freight transportation, the Board shall use any criteria, 
assumptions, and processes it considers appropriate.
  (5) The provisions of this subsection shall be in addition to 
any other statutory or contractual remedies Amtrak may have 
with respect to operating the additional trains.
  (f) Passenger Train Performance and Other Standards.--
          (1) Investigation of substandard performance.--If the 
        on-time performance of any intercity passenger train 
        averages less than 80 percent for any 2 consecutive 
        calendar quarters, or the service quality of intercity 
        passenger train operations for which minimum standards 
        are established under section 207 of the Passenger Rail 
        Investment and Improvement Act of 2008 fails to meet 
        those standards for 2 consecutive calendar quarters, 
        the Surface Transportation Board (referred to in this 
        section as the ``Board'') may initiate an 
        investigation, or upon the filing of a complaint by 
        Amtrak, an intercity passenger rail operator, a host 
        freight railroad over which Amtrak operates, or an 
        entity for which Amtrak operates intercity passenger 
        rail service, the Board shall initiate such an 
        investigation, to determine whether and to what extent 
        delays or failure to achieve minimum standards are due 
        to causes that could reasonably be addressed by a rail 
        carrier over whose tracks the intercity passenger train 
        operates or reasonably addressed by Amtrak or other 
        intercity passenger rail operators. As part of its 
        investigation, the Board has authority to review the 
        accuracy of the train performance data and the extent 
        to which scheduling and congestion contribute to 
        delays. In making its determination or carrying out 
        such an investigation, the Board shall obtain 
        information from all parties involved and identify 
        reasonable measures and make recommendations to improve 
        the service, quality, and on-time performance of the 
        train.
          (2) Problems caused by host rail carrier.--If the 
        Board determines that delays or failures to achieve 
        minimum standards investigated under paragraph (1) are 
        attributable to a rail carrier's failure to provide 
        preference to Amtrak over freight transportation as 
        required under subsection (c), the Board may award 
        damages against the host rail carrier, including 
        prescribing such other relief to Amtrak as it 
        determines to be reasonable and appropriate pursuant to 
        paragraph (3) of this subsection.
          (3) Damages and relief.--In awarding damages and 
        prescribing other relief under this subsection the 
        Board shall consider such factors as--
                  (A) the extent to which Amtrak suffers 
                financial loss as a result of host rail carrier 
                delays or failure to achieve minimum standards; 
                and
                  (B) what reasonable measures would adequately 
                deter future actions which may reasonably be 
                expected to be likely to result in delays to 
                Amtrak on the route involved.
          (4) Use of damages.--The Board shall, as it deems 
        appropriate, order the host rail carrier to remit the 
        damages awarded under this subsection to Amtrak or to 
        an entity for which Amtrak operates intercity passenger 
        rail service. Such damages shall be used for capital or 
        operating expenditures on the routes over which delays 
        or failures to achieve minimum standards were the 
        result of a rail carrier's failure to provide 
        preference to Amtrak over freight transportation as 
        determined in accordance with paragraph (2).

           *       *       *       *       *       *       *


Sec. 24312. Labor standards

  (a) Prevailing Wages and Health and Safety Standards.--Amtrak 
shall ensure that laborers and mechanics employed by 
contractors and subcontractors in construction work financed 
under an agreement made under section 24308(a) of this title 
will be paid wages not less than those prevailing on similar 
construction in the locality, as determined by the Secretary of 
Labor under sections 3141-3144, 3146, and 3147 of title 40. 
Amtrak may make such an agreement only after being assured that 
required labor standards will be maintained on the construction 
work. Health and safety standards prescribed by the Secretary 
under section 3704 of title 40 apply to all construction work 
performed under such an agreement, except for construction work 
performed by a rail carrier.
  (b) Wage Rates.--Wage rates in a collective bargaining 
agreement negotiated under the Railway Labor Act (45 U.S.C. 151 
et seq.) are deemed to comply with sections 3141-3144, 3146, 
and 3147 of title 40.
  (c) Call Center Staffing.--
          (1) Outsourcing.--Amtrak may not renew or enter into 
        a contract to outsource call center customer service 
        work on behalf of Amtrak, including through a business 
        process outsourcing group.
          (2) Training.--Amtrak shall make available 
        appropriate training programs to any Amtrak call center 
        employee carrying out customer service activities using 
        telephone or internet platforms.
  (d) Station Agent Staffing.--
          (1) In general.--Amtrak shall ensure that at least 
        one Amtrak ticket agent is employed at each station 
        building where at least one Amtrak ticket agent was 
        employed on or after October 1, 2017.
          (2) Locations.--Amtrak shall ensure that at least one 
        Amtrak ticket agent is employed at each station 
        building--
                  (A) that Amtrak owns, or operates service 
                through, as part of a passenger service route; 
                and
                  (B) for which the number of passengers 
                boarding or deboarding an Amtrak long-distance 
                train in the previous fiscal year exceeds the 
                average of at least 40 passengers per day over 
                all days in which the station was serviced by 
                Amtrak, regardless of the number of Amtrak 
                vehicles servicing the station per day. For 
                fiscal year 2021, ridership from fiscal year 
                2019 shall be used to determine qualifying 
                stations.
          (3) Exception.--This subsection does not apply to any 
        station building in which a commuter rail ticket agent 
        has the authority to sell Amtrak tickets.
          (4) Amtrak ticket agent.--For purposes of this 
        section, the term ``Amtrak ticket agent'' means an 
        Amtrak employee with authority to sell Amtrak tickets 
        onsite and assist in the checking of Amtrak passenger 
        baggage.
          (5) Effective date.--This subsection shall take 
        effect on the earlier of--
                  (A) the date of the expiration of the 
                emergency declaration issued by the President 
                on March 13, 2020, pursuant to section 501(b) 
                of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5191(b)); 
                or
                  (B) the day after the period that is the 
                first 6 consecutive months within a calendar 
                year for which Amtrak ridership exceeds the 
                Amtrak ridership for the same 6 consecutive 
                calendar months in 2019.

           *       *       *       *       *       *       *


Sec. 24315. Reports and audits

  (a) Amtrak Annual Operations Report.--Not later than February 
15 of each year, Amtrak shall submit to Congress a report 
that--
          (1) for each route on which Amtrak provided intercity 
        rail passenger transportation during the prior fiscal 
        year, includes information on--
                  (A) ridership;
                  (B) passenger-miles;
                  (C) the short-term avoidable profit or loss 
                for each passenger-mile;
                  (D) the revenue-to-cost ratio;
                  (E) revenues;
                  (F) the United States Government subsidy;
                  (G) the subsidy not provided by the United 
                States Government; and
                  (H) on-time performance;
          (2) provides relevant information about a decision to 
        pay an officer of Amtrak more than the rate for level I 
        of the Executive Schedule under section 5312 of title 
        5; and
          (3) specifies--
                  (A) significant operational problems Amtrak 
                identifies; and
                  (B) proposals by Amtrak to solve those 
                problems.
  (b) Amtrak General and Legislative Annual Report.--(1) Not 
later than February 15 of each year, Amtrak shall submit to the 
President and Congress a complete report of its operations, 
activities, and accomplishments, including a statement of 
revenues and expenditures for the prior fiscal year. The 
report--
          (A) shall include a discussion and accounting of 
        Amtrak's success in meeting the goal of section 
        24902(b) of this title; and
          (B) may include recommendations for legislation, 
        including the amount of financial assistance needed for 
        operations and capital improvements, the method of 
        computing the assistance, and the sources of the 
        assistance.
  (2) Amtrak may submit reports to the President and Congress 
at other times Amtrak considers desirable.
  (c) Secretary's Report on Effectiveness of This Part.--The 
Secretary of Transportation shall prepare a report on the 
effectiveness of this part in meeting the requirements for a 
balanced transportation system in the United States. The report 
may include recommendations for legislation. The Secretary 
shall include this report as part of the annual report the 
Secretary submits under section 308(a) of this title.
  (d) Independent Audits.--An independent certified public 
accountant shall audit the financial statements of Amtrak each 
year. The audit shall be carried out at the place at which the 
financial statements normally are kept and under generally 
accepted auditing standards. A report of the audit shall be 
included in the report required by subsection (a) of this 
section.
  (e) Comptroller General Audits.--The Comptroller General may 
conduct performance audits of the activities and transactions 
of Amtrak. Each audit shall be conducted at the place at which 
the Comptroller General decides and under generally accepted 
management principles. The Comptroller General may prescribe 
regulations governing the audit.
  (f) Availability of Records and Property of Amtrak and Rail 
Carriers.--Amtrak and, if required by the Comptroller General, 
a rail carrier with which Amtrak has made a contract for 
intercity rail passenger transportation shall make available 
for an audit under subsection (d) or (e) of this section all 
records and property of, or used by, Amtrak or the carrier that 
are necessary for the audit. Amtrak and the carrier shall 
provide facilities for verifying transactions with the balances 
or securities held by depositories, fiscal agents, and 
custodians. Amtrak and the carrier may keep all reports and 
property.
  (g) Comptroller General's Report to Congress.--The 
Comptroller General shall submit to Congress a report on each 
audit, giving comments and information necessary to inform 
Congress on the financial operations and condition of Amtrak 
and recommendations related to those operations and conditions. 
The report also shall specify any financial transaction or 
undertaking the Comptroller General considers is carried out 
without authority of law. When the Comptroller General submits 
a report to Congress, the Comptroller General shall submit a 
copy of it to the President, the Secretary, and Amtrak at the 
same time.
  (h) Access to Records and Accounts.--A State shall have 
access to Amtrak's records, accounts, and other necessary 
documents used to determine the amount of any payment to Amtrak 
required of the State.
  (i) Access to Recreational Trails.--At least 30 days before 
implementing a new policy, structure, or operation that impedes 
access to recreational trails, Amtrak shall work with 
potentially affected communities, making a good-faith effort to 
address local concerns about such access. Not later than 
February 15 of each year, Amtrak shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report on any such engagement in the 
preceding calendar year, and any changes to policies, 
structures, or operations affecting access to recreational 
trails that were considered or made as a result. The report 
shall include Amtrak's plans to mitigate the impact to such 
access.

           *       *       *       *       *       *       *


Sec. 24317. Accounts

  (a) Purpose.--The purpose of this section is to--
          (1) promote the effective use and stewardship by 
        Amtrak of Amtrak revenues, Federal, State, and third 
        party investments, appropriations, grants and other 
        forms of financial assistance, and other sources of 
        funds; and
          (2) enhance the transparency of the assignment of 
        revenues and costs among Amtrak business lines while 
        ensuring the health of the Northeast Corridor and 
        National Network.
  (b) Account Structure.--Not later than 180 days after the 
date of enactment of the Passenger Rail Reform and Investment 
Act of 2015, the Secretary of Transportation, in consultation 
with Amtrak, shall define an account structure and improvements 
to accounting methodologies, as necessary, to support, at a 
minimum, the Northeast Corridor and the National Network.
  (c) Financial Sources.--In defining the account structure and 
improvements to accounting methodologies required under 
subsection (b), the Secretary shall ensure, to the greatest 
extent practicable, that Amtrak assigns the following:
          (1) For the Northeast Corridor account, all revenues, 
        appropriations, grants and other forms of financial 
        assistance, compensation, and other sources of funds 
        associated with the Northeast Corridor, including--
                  (A) grant funds appropriated for the 
                Northeast Corridor pursuant to section 11101(a) 
                of the Passenger Rail Reform and Investment Act 
                of 2015 or any subsequent Act;
                  (B) compensation received from commuter rail 
                passenger transportation providers for such 
                providers' share of capital and operating costs 
                on the Northeast Corridor provided to Amtrak 
                pursuant to section 24905(c); and
                  (C) any operating surplus of the Northeast 
                Corridor, as allocated pursuant to section 
                24318.
          (2) For the National Network account, all revenues, 
        appropriations, grants and other forms of financial 
        assistance, compensation, and other sources of funds 
        associated with the National Network, including--
                  (A) grant funds appropriated for the National 
                Network pursuant to section 11101(b) of the 
                Passenger Rail Reform and Investment Act of 
                2015 or any subsequent Act;
                  (B) compensation received from States 
                provided to Amtrak pursuant to section 209 of 
                the Passenger Rail Investment and Improvement 
                Act of 2008 (42 U.S.C. 24101 note); and
                  (C) any operating surplus of the National 
                Network, as allocated pursuant to section 
                24318.
  (d) Financial Uses.--In defining the account structure and 
improvements to accounting methodologies required under 
subsection (b), the Secretary shall ensure, to the greatest 
extent practicable, that amounts assigned to the Northeast 
Corridor and National Network accounts shall be used by Amtrak 
for the following:
          (1) For the Northeast Corridor, all associated costs, 
        including--
                  (A) operating activities;
                  (B) capital activities as described in 
                section [24904(a)(2)(E)] 24904(b)(2)(E);
                  (C) acquiring, rehabilitating, manufacturing, 
                remanufacturing, overhauling, or improving 
                equipment and associated facilities used for 
                intercity rail passenger transportation by 
                Northeast Corridor train services;
                  (D) payment of principal and interest on 
                loans for capital projects described in this 
                paragraph or for capital leases attributable to 
                the Northeast Corridor;
                  (E) other capital projects on the Northeast 
                Corridor, determined appropriate by the 
                Secretary, and consistent with section 
                24905(c)(1)(A)(i); and
                  (F) if applicable, capital projects described 
                in section [24904(b)] 24904(c).
          (2) For the National Network, all associated costs, 
        including--
                  (A) operating activities;
                  (B) capital activities; and
                  (C) the payment of principal and interest on 
                loans or capital leases attributable to the 
                National Network.
  (e) Implementation and Reporting.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the Passenger Rail Reform and 
        Investment Act of 2015, Amtrak, in consultation with 
        the Secretary, shall implement any account structures 
        and improvements defined under subsection (b) so that 
        Amtrak is able to produce profit and loss statements 
        for each of the business lines described in section 
        24320(b)(1) and, as appropriate, each of the asset 
        categories described in section 24320(c)(1) that 
        identify sources and uses of--
                  (A) revenues;
                  (B) appropriations; and
                  (C) transfers between business lines.
          (2) Updated profit and loss statements.--Not later 
        than 1 month after the implementation under paragraph 
        (1), and monthly thereafter, Amtrak shall submit 
        updated profit and loss statements for each of the 
        business lines and asset categories to the Secretary.
  (f) Account Management.--For the purposes of account 
management, Amtrak may transfer funds between the Northeast 
Corridor account and National Network account without prior 
notification and approval under subsection (g) if such 
transfers--
          (1) do not materially impact Amtrak's ability to 
        achieve its anticipated financial, capital, and 
        operating performance goals for the fiscal year; and
          (2) would not materially change any grant agreement 
        entered into pursuant to section 24319(d), or other 
        agreements made pursuant to applicable Federal law.
  (g) Transfer Authority.--
          (1) In general.--If Amtrak determines that a transfer 
        between the accounts defined under subsection (b) does 
        not meet the account management standards established 
        under subsection (f), Amtrak may transfer funds between 
        the Northeast Corridor and National Network accounts 
        if--
                  (A) Amtrak notifies the Amtrak Board of 
                Directors, including the Secretary, at least 10 
                days prior to the expected date of transfer; 
                and
                  (B) solely for a transfer that will 
                materially change a grant agreement, the 
                Secretary approves.
          (2) Report.--Not later than 5 days after the Amtrak 
        Board of Directors receives notification from Amtrak 
        under paragraph (1)(A), the Board shall transmit to the 
        Secretary, the Committee on Transportation and 
        Infrastructure and the Committee on Appropriations of 
        the House of Representatives, and the Committee on 
        Commerce, Science, and Transportation and the Committee 
        on Appropriations of the Senate, a report that 
        includes--
                  (A) the amount of the transfer; and
                  (B) a detailed explanation of the reason for 
                the transfer, including--
                          (i) the effects on Amtrak services 
                        funded by the account from which the 
                        transfer is drawn, in comparison to a 
                        scenario in which no transfer was made; 
                        and
                          (ii) the effects on Amtrak services 
                        funded by the account receiving the 
                        transfer, in comparison to a scenario 
                        in which no transfer was made.
          (3) Notifications.--Not later than 5 days after the 
        date that Amtrak notifies the Amtrak Board of Directors 
        of a transfer under paragraph (1) to or from an 
        account, Amtrak shall transmit to the State-Supported 
        Route Committee and Northeast Corridor Commission a 
        letter that includes the information described under 
        subparagraphs (A) and (B) of paragraph (2).
  (h) Report.--Not later than 2 years after the date of 
enactment of the Passenger Rail Reform and Investment Act of 
2015, Amtrak shall submit to the Secretary a report assessing 
the account and reporting structure established under this 
section and providing any recommendations for further action. 
Not later than 180 days after the date of receipt of such 
report, the Secretary shall provide an assessment that 
supplements Amtrak's report and submit the Amtrak report with 
the supplemental assessment to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives.
  (i) Definition of Northeast Corridor.--Notwithstanding 
section 24102, for purposes of this section, the term 
``Northeast Corridor'' means the Northeast Corridor main line 
between Boston, Massachusetts, and the District of Columbia, 
and facilities and services used to operate and maintain that 
line.

           *       *       *       *       *       *       *


Sec. 24320. Amtrak 5-year business line and asset plans

  (a) In General.--
          (1) Final plans.--Not later than February 15 of each 
        year, Amtrak shall submit to Congress and the Secretary 
        of Transportation final 5-year business line plans and 
        5-year asset plans prepared in accordance with this 
        section. These final plans shall form the basis for 
        Amtrak's general and legislative annual report to the 
        President and Congress required by section 24315(b). 
        Each plan shall cover a period of 5 fiscal years, 
        beginning with the first fiscal year after the date on 
        which the plan is completed.
          (2) Fiscal constraint.--Each plan prepared under this 
        section shall be based on funding levels authorized or 
        otherwise available to Amtrak in a fiscal year. In the 
        absence of an authorization or appropriation of funds 
        for a fiscal year, the plans shall be based on the 
        amount of funding available in the previous fiscal 
        year, plus inflation. Amtrak may include an appendix to 
        the asset plan required in subsection (c) that 
        describes any funding needs in excess of amounts 
        authorized or otherwise available to Amtrak in a fiscal 
        year.
  (b) Amtrak 5-Year Business Line Plans.--
          (1) Amtrak business lines.--Amtrak shall prepare a 5-
        year business line plan for each of the following 
        business lines and services:
                  (A) Northeast Corridor train services.
                  (B) State-supported routes operated by 
                Amtrak.
                  (C) Long-distance routes operated by Amtrak.
                  (D) Ancillary services operated by Amtrak, 
                including commuter operations and other revenue 
                generating activities as determined by the 
                Secretary in coordination with Amtrak.
          (2) Contents of 5-year business line plans.--The 5-
        year business line plan for each business line shall 
        include, at a minimum--
                  (A) a statement of Amtrak's objectives, 
                goals, and service plan for the business line, 
                in consultation with any entities that are 
                contributing capital or operating funding to 
                support passenger rail services within those 
                business lines, and aligned with Amtrak's 
                Strategic Plan and 5-year asset plans under 
                subsection (c);
                  (B) all projected revenues and expenditures 
                for the business line, including identification 
                of revenues and expenditures incurred by--
                          (i) passenger operations;
                          (ii) non-passenger operations that 
                        are directly related to the business 
                        line; and
                          (iii) governmental funding sources, 
                        including revenues and other funding 
                        received from States;
                  (C) projected ridership levels for all 
                passenger operations;
                  (D) estimates of long-term and short-term 
                debt and associated principal and interest 
                payments (both current and forecasts);
                  (E) annual profit and loss statements and 
                forecasts and balance sheets;
                  (F) annual cash flow forecasts;
                  (G) a statement describing the methodologies 
                and significant assumptions underlying 
                estimates and forecasts;
                  (H) specific performance measures that 
                demonstrate year over year changes in the 
                results of Amtrak's operations;
                  (I) financial performance for each route 
                within each business line, including 
                descriptions of the cash operating loss or 
                contribution and productivity for each route;
                  (J) specific costs and savings estimates 
                resulting from reform initiatives;
                  (K) prior fiscal year and projected equipment 
                reliability statistics; and
                  (L) an identification and explanation of any 
                major adjustments made from previously-approved 
                plans.
          (3) 5-year business line plans process.--In meeting 
        the requirements of this section, Amtrak shall--
                  (A) consult with the Secretary in the 
                development of the business line plans;
                  (B) for the Northeast Corridor business line 
                plan, consult with the Northeast Corridor 
                Commission and transmit to the Commission the 
                final plan under subsection (a)(1), and consult 
                with other entities, as appropriate;
                  (C) for the State-supported route business 
                line plan, consult with the State-Supported 
                Route Committee established under section 
                24712;
                  (D) for the long-distance route business line 
                plan, consult with any States or Interstate 
                Compacts that provide funding for such routes, 
                as appropriate;
                  (E) ensure that Amtrak's general and 
                legislative annual report, required under 
                section 24315(b), to the President and Congress 
                is consistent with the information in the 5-
                year business line plans; and
                  (F) identify the appropriate Amtrak officials 
                that are responsible for each business line.
          (4) Definition of northeast corridor.--
        Notwithstanding section 24102, for purposes of this 
        section, the term ``Northeast Corridor'' means the 
        Northeast Corridor main line between Boston, 
        Massachusetts, and the District of Columbia, and 
        facilities and services used to operate and maintain 
        that line.
  (c) Amtrak 5-Year Asset Plans.--
          (1) Asset categories.--Amtrak shall prepare a 5-year 
        asset plan for each of the following asset categories:
                  (A) Infrastructure, including all Amtrak-
                controlled Northeast Corridor assets and other 
                Amtrak-owned infrastructure, and the associated 
                facilities that support the operation, 
                maintenance, and improvement of those assets.
                  (B) Passenger rail equipment, including all 
                Amtrak-controlled rolling stock, locomotives, 
                and mechanical shop facilities that are used to 
                overhaul equipment.
                  (C) Stations, including all Amtrak-controlled 
                passenger rail stations and elements of other 
                stations for which Amtrak has legal 
                responsibility or intends to make capital 
                investments.
                  (D) National assets, including national 
                reservations, security, training and training 
                centers, and other assets associated with 
                Amtrak's national rail passenger transportation 
                system.
          (2) Contents of 5-year asset plans.--Each asset plan 
        shall include, at a minimum--
                  (A) a summary of Amtrak's 5-year strategic 
                plan for each asset category, including goals, 
                objectives, any relevant performance metrics, 
                and statutory or regulatory actions affecting 
                the assets;
                  (B) an inventory of existing Amtrak capital 
                assets, to the extent practicable, including 
                information regarding shared use or ownership, 
                if applicable;
                  (C) a prioritized list of proposed capital 
                investments that--
                          (i) categorizes each capital project 
                        as being primarily associated with--
                                  (I) normalized capital 
                                replacement;
                                  (II) backlog capital 
                                replacement;
                                  (III) improvements to support 
                                service enhancements or growth;
                                  (IV) strategic initiatives 
                                that will improve overall 
                                operational performance, lower 
                                costs, or otherwise improve 
                                Amtrak's corporate efficiency; 
                                or
                                  (V) statutory, regulatory, or 
                                other legal mandates;
                          (ii) identifies each project or 
                        program that is associated with more 
                        than 1 category described in clause 
                        (i); and
                          (iii) describes the anticipated 
                        business outcome of each project or 
                        program identified under this 
                        subparagraph, including an assessment 
                        of--
                                  (I) the potential effect on 
                                passenger operations, safety, 
                                reliability, and resilience;
                                  (II) the potential effect on 
                                Amtrak's ability to meet 
                                regulatory requirements if the 
                                project or program is not 
                                funded; and
                                  (III) the benefits and costs; 
                                [and]
                  (D) a summary of Amtrak's plan to meet the 
                workforce needs of each asset category, which 
                shall--
                          (i) identify any gaps in Amtrak's 
                        workforce, including any vacancy, skill 
                        gap, or shortage of qualified 
                        personnel;
                          (ii) summarize any action Amtrak is 
                        taking to address any such gaps; and
                          (iii) summarize any anticipated 
                        change to the size of the Amtrak 
                        workforce and any cause for such 
                        change; and
                  [(D)] (E) annual profit and loss statements 
                and forecasts and balance sheets for each asset 
                category.
          (3) 5-year asset plan process.--In meeting the 
        requirements of this subsection, Amtrak shall--
                  (A) consult with each business line described 
                in subsection (b)(1) in the preparation of each 
                5-year asset plan and ensure integration of 
                each 5-year asset plan with the 5-year business 
                line plans;
                  (B) as applicable, consult with the Northeast 
                Corridor Commission, the State-Supported Route 
                Committee, and owners of assets affected by 5-
                year asset plans; and
                  (C) identify the appropriate Amtrak officials 
                that are responsible for each asset category.
          (4) Evaluation of national assets costs.--The 
        Secretary shall--
                  (A) evaluate the costs and scope of all 
                national assets; and
                  (B) determine the activities and costs that 
                are--
                          (i) required in order to ensure the 
                        efficient operations of a national rail 
                        passenger system;
                          (ii) appropriate for allocation to 1 
                        of the other Amtrak business lines; and
                          (iii) extraneous to providing an 
                        efficient national rail passenger 
                        system or are too costly relative to 
                        the benefits or performance outcomes 
                        they provide.
          (5) Definition of national assets.--In this section, 
        the term ``national assets'' means the Nation's core 
        rail assets shared among Amtrak services, including 
        national reservations, security, training and training 
        centers, and other assets associated with Amtrak's 
        national rail passenger transportation system.
          (6) Restructuring of national assets.--Not later than 
        1 year after the date of completion of the evaluation 
        under paragraph (4), the Administrator of the Federal 
        Railroad Administration, in consultation with the 
        Amtrak Board of Directors, the governors of each 
        relevant State, and the Mayor of the District of 
        Columbia, or their designees, shall restructure or 
        reallocate, or both, the national assets costs in 
        accordance with the determination under that section, 
        including making appropriate updates to Amtrak's cost 
        accounting methodology and system.
          (7) Exemption.--
                  (A) In general.--Upon written request from 
                the Amtrak Board of Directors, the Secretary 
                may exempt Amtrak from including in a plan 
                required under this subsection any information 
                described in paragraphs (1) and (2).
                  (B) Public availability.--The Secretary shall 
                make available to the public on the 
                Department's Internet Web site any exemption 
                granted under subparagraph (A) and a detailed 
                justification for granting such exemption.
                  (C) Inclusion in plan.--Amtrak shall include 
                in the plan required under this subsection any 
                request granted under subparagraph (A) and 
                justification under subparagraph (B).
  (d) Standards to Promote Financial Stability.--In preparing 
plans under this section, Amtrak shall--
          (1) apply sound budgetary practices, including 
        reducing costs and other expenditures, improving 
        productivity, increasing revenues, or combinations of 
        such practices; and
          (2) use the categories specified in the financial 
        accounting and reporting system developed under section 
        203 of the Passenger Rail Investment and Improvement 
        Act of 2008 (49 U.S.C. 24101 note).

[Sec. 24321. Food and beverage reform

  [(a) Plan.--Not later than 90 days after the date of 
enactment of the Passenger Rail Reform and Investment Act of 
2015, Amtrak shall develop and begin implementing a plan to 
eliminate, within 5 years of such date of enactment, the 
operating loss associated with providing food and beverage 
service on board Amtrak trains.
  [(b) Considerations.--In developing and implementing the 
plan, Amtrak shall consider a combination of cost management 
and revenue generation initiatives, including--
          [(1) scheduling optimization;
          [(2) on-board logistics;
          [(3) product development and supply chain efficiency;
          [(4) training, awards, and accountability;
          [(5) technology enhancements and process 
        improvements; and
          [(6) ticket revenue allocation.
  [(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--
          [(1) the development and implementation of the plan 
        required under subsection (a); or
          [(2) any other action taken by Amtrak to implement 
        this section.
  [(d) Report.--Not later than 120 days after the date of 
enactment of the Passenger Rail Reform and Investment Act of 
2015, and annually thereafter for 5 years, 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 plan developed pursuant to subsection (a) and a description 
of progress in the implementation of the plan.]

Sec. 24321. Amtrak food and beverage

  (a) Ensuring Access to Food and Beverage Services.--On all 
long-distance routes, Amtrak shall ensure that all passengers 
who travel overnight on such route shall have access to 
purchasing the food and beverages that are provided to sleeping 
car passengers on such route.
  (b) Food and Beverage Workforce.--
          (1) Workforce requirement.--Amtrak shall ensure that 
        any individual onboard a train who prepares or provides 
        food and beverages is an Amtrak employee.
          (2) Savings clause.--No Amtrak employee holding a 
        position as of the date of enactment of the TRAIN Act 
        may be involuntarily separated because of any action 
        taken by Amtrak to implement this section, including 
        any employees who are furloughed as a result of the 
        COVID-19 pandemic.
  (c) Savings Clause.--Amtrak shall ensure that no Amtrak 
employee holding a position as of the date of enactment of the 
Passenger Rail Reform and Investment Act of 2015 is 
involuntarily separated because of the development and 
implementation of the plan required by the amendments made by 
section 11207 of such Act.

           *       *       *       *       *       *       *


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.

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.

Sec. 24325. Amtrak cybersecurity enhancement and resiliency grant 
                    program

  (a) In General.--The Secretary of Transportation shall make 
grants to Amtrak for improvements in information technology 
systems, including cyber resiliency improvements for Amtrak 
information technology assets.
  (b) Application of Best Practices.--Any cyber resiliency 
improvements carried out with a grant under this section shall 
be consistent with cybersecurity industry best practices and 
publications issued by the National Institute of Standards and 
Technology.
  (c) Coordination of Cybersecurity Funds.--Funds made 
available to carry out this section shall be in addition to any 
other Federal funds and shall not affect the ability of Amtrak 
to use any other funds otherwise authorized by law for purposes 
of enhancing the cybersecurity architecture of Amtrak.
  (d) Grant Conditions.--In carrying out this section--
          (1) to the extent practicable, the Secretary shall 
        provide grants consistent with the process established 
        under section 24319;
          (2) the Secretary shall ensure that a grant made 
        available under this section shall be administered and 
        disbursed as part of Amtrak's annual grant agreement as 
        authorized by section 24319(d)(1)(B); and
          (3) a grant made under this section shall be subject 
        to such terms and conditions as the Secretary 
        determines necessary.

Sec. 24326. Amtrak Office of Community Outreach

  (a) In General.--Not later than 180 days after the date of 
enactment of the TRAIN Act, Amtrak shall establish an Office of 
Community Outreach to engage with communities impacted by 
Amtrak operations.
  (b) Responsibilities.--The Office of Community Outreach shall 
be responsible for--
          (1) outreach and engagement with--
                  (A) local officials before capital 
                improvement project plans are finalized; and
                  (B) local stakeholders and relevant 
                organizations on projects of community 
                significance;
          (2) clear explanation and publication of how 
        community members can communicate with Amtrak;
          (3) the use of virtual public involvement, social 
        media, and other web-based tools to encourage public 
        participation and solicit public feedback; and
          (4) making publicly available on the website of 
        Amtrak, planning documents for proposed and implemented 
        capital improvement projects.
  (c) Report to Congress.--Not later than 1 year after the 
establishment of the Office of Community Outreach, and annually 
thereafter, Amtrak shall submit to the Committee on 
Transportation and Infrastructure in the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that--
          (1) describes the community outreach efforts 
        undertaken by the Amtrak Office of Community Outreach 
        for the previous year; and
          (2) identifies changes Amtrak made to capital 
        improvement project plans after engagement with 
        affected communities.

Sec. 24327. Amtrak carbon-free and renewable energy initiatives

  (a) Emissions Reduction and Energy Plan.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the TRAIN Act, Amtrak shall--
                  (A) develop a greenhouse gas emissions 
                reduction and energy plan that sets forth a 
                goal of, a strategy for achieving, and 
                potential timelines and funding requirements 
                for--
                          (i) becoming a net-zero carbon 
                        emissions transportation provider; and
                          (ii) achieving net-zero carbon 
                        emissions with respect to Amtrak 
                        operations within the Northeast 
                        Corridor;
                  (B) submit the plan to the Secretary of 
                Transportation, the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives, and the Committee on Commerce, 
                Science, and Transportation of the Senate; and
                  (C) publish the plan on Amtrak's website.
          (2) Additional requirements.--The plan developed 
        under paragraph (1) shall contain--
                  (A) at least 1 option for becoming a net-zero 
                carbon emissions transportation provider not 
                later than January 1, 2035; and
                  (B) at least 1 option for achieving net-zero 
                carbon emissions with respect to Amtrak 
                operations within the Northeast Corridor not 
                later than January 1, 2030.
          (3) Annual progress reports.--
                  (A) In general.--After submission and 
                publication of the plan developed under 
                paragraph (1), Amtrak shall include in each 
                general and legislative annual report required 
                under section 24315(b), an update on Amtrak's 
                progress towards--
                          (i) becoming a net-zero carbon 
                        emissions transportation provider; and
                          (ii) achieving net-zero carbon 
                        emissions with respect to Amtrak 
                        operations within the Northeast 
                        Corridor.
                  (B) Legislative recommendations.--The update 
                required under subparagraph (A) may include 
                recommendations for legislative changes or 
                changes to funding levels likely to increase 
                the rate of Amtrak's progress.
  (b) Carbon-free and Renewable Energy Use.--
          (1) Energy source requirement.--Not later than 180 
        days after the date of enactment of the TRAIN Act, 
        Amtrak shall ensure that any new or renewed contract 
        between Amtrak and a provider of electricity that is 
        used to meet the needs of train traction power or rail 
        facility power requires that an amount equal to or 
        greater that 25 percent of such electricity is derived 
        from carbon-free or renewable energy sources.
          (2) Increased energy source goals.--Amtrak shall 
        establish goals for increasing the energy source 
        requirements described in paragraph (1), including a 
        goal of requiring--
                  (A) at least 50 percent of electricity 
                derived from such sources for new or renewed 
                contracts entered into beginning 5 years after 
                the date of enactment of the TRAIN Act; and
                  (B) 100 percent of electricity derived from 
                such sources for new or renewed contracts 
                entered into on or after January 1, 2030.
          (3) Exceptions.--The requirements of paragraph (1) 
        shall not apply in any case in which--
                  (A) no provider of electricity is able to 
                provide the necessary levels of carbon-free or 
                renewable energy;
                  (B) compliance with such requirements would 
                adversely affect Amtrak's operations or quality 
                of service to an unreasonable degree; or
                  (C) compliance with such requirements would 
                cause an increase of at least 50 percent in 
                total cost of electricity, as compared to the 
                total cost of electricity Amtrak would 
                otherwise have acquired.
          (4) Report.--Not later than 1 year after the date of 
        enactment of the TRAIN Act, Amtrak shall submit to the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        identifies opportunities to further increase Amtrak's 
        use of carbon-free and renewable energy for train 
        traction power needs and facility power needs.

           *       *       *       *       *       *       *


CHAPTER 247--AMTRAK ROUTE SYSTEM

           *       *       *       *       *       *       *


[Sec. 24712. State-supported routes operated by Amtrak

  [(a) State-Supported Route Committee.--
          [(1) Establishment.--Not later than 180 days after 
        the date of enactment of the Passenger Rail Reform and 
        Investment Act of 2015, the Secretary of Transportation 
        shall establish the State-Supported Route Committee 
        (referred to in this section as the ``Committee'') to 
        promote mutual cooperation and planning pertaining to 
        the rail operations of Amtrak and related activities of 
        trains operated by Amtrak on State-supported routes and 
        to further implement section 209 of the Passenger Rail 
        Investment and Improvement Act of 2008 (49 U.S.C. 24101 
        note).
          [(2) Membership.--
                  [(A) In general.--The Committee shall consist 
                of--
                          [(i) members representing Amtrak;
                          [(ii) members representing the 
                        Department of Transportation, including 
                        the Federal Railroad Administration; 
                        and
                          [(iii) members representing States.
                  [(B) Non-voting members.--The Committee may 
                invite and accept other non-voting members to 
                participate in Committee activities, as 
                appropriate.
          [(3) Decisionmaking.--The Committee shall establish a 
        bloc voting system under which, at a minimum--
                  [(A) there are 3 separate voting blocs to 
                represent the Committee's voting members, 
                including--
                          [(i) 1 voting bloc to represent the 
                        members described in paragraph 
                        (2)(A)(i);
                          [(ii) 1 voting bloc to represent the 
                        members described in paragraph 
                        (2)(A)(ii); and
                          [(iii) 1 voting bloc to represent the 
                        members described in paragraph 
                        (2)(A)(iii);
                  [(B) each voting bloc has 1 vote;
                  [(C) the vote of the voting bloc representing 
                the members described in paragraph (2)(A)(iii) 
                requires the support of at least two-thirds of 
                that voting bloc's members; and
                  [(D) the Committee makes decisions by 
                unanimous consent of the 3 voting blocs.
          [(4) Meetings; rules and procedures.--The Committee 
        shall convene a meeting and shall define and implement 
        the rules and procedures governing the Committee's 
        proceedings not later than 180 days after the date of 
        establishment of the Committee by the Secretary. The 
        rules and procedures shall--
                  [(A) incorporate and further describe the 
                decisionmaking procedures to be used in 
                accordance with paragraph (3); and
                  [(B) be adopted in accordance with such 
                decisionmaking procedures.
          [(5) Committee decisions.--Decisions made by the 
        Committee in accordance with the Committee's rules and 
        procedures, once established, are binding on all 
        Committee members.
          [(6) Cost allocation methodology.--
                  [(A) In general.--Subject to subparagraph 
                (B), the Committee may amend the cost 
                allocation methodology required and previously 
                approved under section 209 of the Passenger 
                Rail Investment and Improvement Act of 2008 (49 
                U.S.C. 24101 note).
                  [(B) Procedures for changing methodology.--
                The rules and procedures implemented under 
                paragraph (4) shall include procedures for 
                changing the cost allocation methodology.
                  [(C) Requirements.--The cost allocation 
                methodology shall--
                          [(i) ensure equal treatment in the 
                        provision of like services of all 
                        States and groups of States; and
                          [(ii) allocate to each route the 
                        costs incurred only for the benefit of 
                        that route and a proportionate share, 
                        based upon factors that reasonably 
                        reflect relative use, of costs incurred 
                        for the common benefit of more than 1 
                        route.
  [(b) Invoices and Reports.--Not later than April 15, 2016, 
and monthly thereafter, Amtrak shall provide to each State that 
sponsors a State-supported route a monthly invoice of the cost 
of operating such route, including fixed costs and third-party 
costs. The Committee shall determine the frequency and contents 
of financial and performance reports that Amtrak shall provide 
to the States, as well as the planning and demand reports that 
the States shall provide to Amtrak.
  [(c) Dispute Resolution.--
          [(1) Request for dispute resolution.--If a dispute 
        arises with respect to the rules and procedures 
        implemented under subsection (a)(4), an invoice or a 
        report provided under subsection (b), implementation or 
        compliance with the cost allocation methodology 
        developed under section 209 of the Passenger Rail 
        Investment and Improvement Act of 2008 (49 U.S.C. 24101 
        note) or amended under subsection (a)(6) of this 
        section, either Amtrak or the State may request that 
        the Surface Transportation Board conduct dispute 
        resolution under this subsection.
          [(2) Procedures.--The Surface Transportation Board 
        shall establish procedures for resolution of disputes 
        brought before it under this subsection, which may 
        include provision of professional mediation services.
          [(3) Binding effect.--A decision of the Surface 
        Transportation Board under this subsection shall be 
        binding on the parties to the dispute.
          [(4) Obligation.--Nothing in this subsection shall 
        affect the obligation of a State to pay an amount not 
        in dispute.
  [(d) Assistance.--
          [(1) In general.--The Secretary may provide 
        assistance to the parties in the course of negotiations 
        for a contract for operation of a State-supported 
        route.
          [(2) Financial assistance.--From among available 
        funds, the Secretary shall provide--
                  [(A) financial assistance to Amtrak or 1 or 
                more States to perform requested independent 
                technical analysis of issues before the 
                Committee; and
                  [(B) administrative expenses that the 
                Secretary determines necessary.
  [(e) Performance Metrics.--In negotiating a contract for 
operation of a State-supported route, Amtrak and the State or 
States that sponsor the route shall consider including 
provisions that provide penalties and incentives for 
performance.
  [(f) Statement of Goals and Objectives.--
          [(1) In general.--The Committee shall develop a 
        statement of goals, objectives, and associated 
        recommendations concerning the future of State-
        supported routes operated by Amtrak. The statement 
        shall identify the roles and responsibilities of 
        Committee members and any other relevant entities, such 
        as host railroads, in meeting the identified goals and 
        objectives, or carrying out the recommendations. The 
        Committee may consult with such relevant entities, as 
        the Committee considers appropriate, when developing 
        the statement.
          [(2) Transmission of statement of goals and 
        objectives.--Not later than 2 years after the date of 
        enactment of the Passenger Rail Reform and Investment 
        Act of 2015, the Committee shall transmit the statement 
        developed under paragraph (1) to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Transportation and Infrastructure of 
        the House of Representatives.
  [(g) Rule of Construction.--The decisions of the Committee--
          [(1) shall pertain to the rail operations of Amtrak 
        and related activities of trains operated by Amtrak on 
        State-sponsored routes; and
          [(2) shall not pertain to the rail operations or 
        related activities of services operated by other rail 
        carriers on State-supported routes.
  [(h) Definition of State.--In this section, the term 
``State'' means any of the 50 States, including the District of 
Columbia, that sponsor the operation of trains by Amtrak on a 
State-supported route, or a public entity that sponsors such 
operation on such a route.]

Sec. 24712. State-supported routes operated by Amtrak

  (a) State-Supported Route Committee.--
          (1) Establishment.--There is established a State-
        Supported Route Committee (referred to in this section 
        as the ``Committee'') to promote mutual cooperation and 
        planning pertaining to the current and future rail 
        operations of Amtrak and related activities of trains 
        operated by Amtrak on State-supported routes and to 
        further implement section 209 of the Passenger Rail 
        Investment and Improvement Act of 2008 (49 U.S.C. 24101 
        note).
          (2) Membership.--
                  (A) In general.--The Committee shall consist 
                of--
                          (i) members representing Amtrak;
                          (ii) members representing the 
                        Department of Transportation, including 
                        the Federal Railroad Administration; 
                        and
                          (iii) members representing States.
                  (B) Non-voting members.--The Committee may 
                invite and accept other non-voting members to 
                participate in Committee activities, as 
                appropriate.
          (3) Decisionmaking.--The Committee shall establish a 
        bloc voting system under which, at a minimum--
                  (A) there are 3 separate voting blocs to 
                represent the Committee's voting members, 
                including--
                          (i) 1 voting bloc to represent the 
                        members described in paragraph 
                        (2)(A)(i);
                          (ii) 1 voting bloc to represent the 
                        members described in paragraph 
                        (2)(A)(ii); and
                          (iii) 1 voting bloc to represent the 
                        members described in paragraph 
                        (2)(A)(iii);
                  (B) each voting bloc has 1 vote;
                  (C) the votes of the voting bloc representing 
                the members described in paragraph (2)(A)(iii) 
                requires the support of at least two-thirds of 
                that voting bloc's members; and
                  (D) the Committee makes decisions by 
                unanimous consent of the 3 voting blocs.
          (4) Ability to conduct certain business.--If all 
        members of a voting bloc described in paragraph (3) 
        abstain from a Committee decision, agreement between 
        the other voting blocs consistent with the procedures 
        set forth in paragraph (3) shall be deemed unanimous 
        consent.
          (5) Meetings; rules and procedures.--The Committee 
        shall define and periodically update the rules and 
        procedures governing the Committee's proceedings. The 
        rules and procedures shall--
                  (A) incorporate and further describe the 
                decisionmaking procedures to be used in 
                accordance with paragraph (3); and
                  (B) be adopted in accordance with such 
                decisionmaking procedures.
          (6) Committee decisions.--Decisions made by the 
        Committee in accordance with the Committee's rules and 
        procedures, once established, are binding on all 
        Committee members.
          (7) Cost methodology policy.--
                  (A) In general.--Subject to subparagraph (B), 
                the Committee may amend the cost methodology 
                policy required and previously approved under 
                section 209 of the Passenger Rail Investment 
                and Improvement Act of 2008 (49 U.S.C. 24101 
                note).
                  (B) Revisions to cost methodology policy.--
                          (i) Requirement to revise and 
                        update.--Subject to the requirements of 
                        clause (iii), the Committee shall, not 
                        later than March 31, 2022, update the 
                        cost methodology policy required and 
                        previously approved under section 209 
                        of the Passenger Rail Investment and 
                        Improvement Act of 2008 (49 U.S.C. 
                        24101 note). Such update shall be 
                        consistent with the principles for 
                        revision of the Committee pursuant to 
                        such section and consistent with any 
                        subsequent changes to such principles 
                        approved by the Committee. The 
                        Committee shall implement the updated 
                        policy beginning in fiscal year 2023 
                        and shall submit to the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate a report 
                        documenting and explaining any changes 
                        to the policy and plans for 
                        implementation not later than 30 days 
                        after the adoption of the updated 
                        policy.
                          (ii) Implementation impacts on 
                        federal funding.--To the extent that a 
                        policy implemented pursuant to clause 
                        (i) assigns to Amtrak costs that were 
                        previously allocated to States, Amtrak 
                        shall request such costs in the general 
                        and legislative annual report required 
                        by section 24315 or in any appropriate 
                        subsequent Federal funding request for 
                        the fiscal year in which the revised 
                        policy is implemented.
                          (iii) Procedures for changing 
                        methodology.--The rules and procedures 
                        implemented under paragraph (5) shall 
                        include procedures for changing the 
                        cost methodology policy under this 
                        subparagraph, notwithstanding section 
                        209(b) of the Passenger Rail Investment 
                        and Improvement Act (49 U.S.C. 22 24101 
                        note), and procedures or broad 
                        guidelines for conducting financial 
                        planning, including operating and 
                        capital forecasting, reporting, and 
                        data sharing and governance.
                  (C) Requirements.--The cost methodology 
                policy shall--
                          (i) ensure equal treatment in the 
                        provision of like services of all 
                        States and groups of States;
                          (ii) assign to each route the costs 
                        incurred only for the benefit of that 
                        route and a proportionate share, based 
                        upon factors that reasonably reflect 
                        relative use, of costs incurred for the 
                        common benefit of more than 1 route; 
                        and
                          (iii) promote increased efficiency in 
                        Amtrak's operating and capital 
                        activities.
  (b) Invoices and Reports.--
          (1) Monthly invoice.--Amtrak shall provide to each 
        State that sponsors a State-supported route a monthly 
        invoice of the cost of operating such route, including 
        fixed costs and third-party costs.
          (2) Planning and demand reports.--A State shall 
        provide to the Committee and Amtrak planning and demand 
        reports with respect to a planned or existing State-
        supported route.
          (3) Financial and performance reports.--The Committee 
        shall require Amtrak to provide to the States and the 
        Committee financial and performance reports at a 
        frequency, and containing such information, as 
        determined appropriate by the Committee.
  (c) Dispute Resolution.--
          (1) Request for dispute resolution.--If a dispute 
        arises with respect to the rules and procedures 
        implemented under subsection (a)(5), an invoice or a 
        report provided under subsection (b), implementation or 
        compliance with the cost methodology policy developed 
        under section 209 of the Passenger Rail Investment and 
        Improvement Act of 2008 (49 U.S.C. 24101 note) or 
        amended under subsection (a)(7) of this section, either 
        Amtrak or the State may request that the Surface 
        Transportation Board conduct dispute resolution under 
        this subsection.
          (2) Procedures.--The Surface Transportation Board 
        shall establish procedures for resolution of disputes 
        brought before it under this subsection, which may 
        include provision of professional mediation services.
          (3) Binding effect.--A decision of the Surface 
        Transportation Board under this subsection shall be 
        binding on the parties to the dispute.
          (4) Obligation.--Nothing in this subsection shall 
        affect the obligation of a State to pay an amount 
        related to a State-supported route that a State 
        sponsors that is not in dispute.
  (d) Assistance.--
          (1) In general.--The Secretary may provide assistance 
        to the parties in the course of negotiations for a 
        contract for operation of a State-supported route.
          (2) Financial assistance.--From among available 
        funds, the Secretary shall provide--
                  (A) financial assistance to Amtrak or 1 or 
                more States to perform requested independent 
                technical analysis of issues before the 
                Committee; and
                  (B) administrative expenses that the 
                Secretary determines necessary.
  (e) Performance Metrics.--In negotiating a contract for 
operation of a State-supported route, Amtrak and the State or 
States that sponsor the route shall consider including 
provisions that provide penalties and incentives for 
performance, including incentives to--
          (1) increase revenue;
          (2) reduce costs;
          (3) finalize contracts by the beginning of the 
        Federal fiscal year; and
          (4) require States to promptly make payments for 
        services delivered.
  (f) Statement of Goals and Objectives.--
          (1) In general.--The Committee shall develop and 
        annually review and update, as necessary, a statement 
        of goals, objectives, and associated recommendations 
        concerning the future of State-supported routes 
        operated by Amtrak. The statement shall identify the 
        roles and responsibilities of Committee members and any 
        other relevant entities, such as host railroads, in 
        meeting the identified goals and objectives, or 
        carrying out the recommendations. The statement shall 
        include a list of capital projects, including 
        infrastructure, fleet, station, and facility 
        initiatives, needed to support the growth of State-
        supported routes. The Committee may consult with such 
        relevant entities, as the Committee considers 
        appropriate, when developing the statement.
          (2) Transmission of statement of goals and 
        objectives.--Not later than March 31 of each year, the 
        Committee shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives the most recent annual update 
        to the statement developed under paragraph (1).
  (g) New or Expanded State-supported Routes.--
          (1) Coordination and consultation.--In developing a 
        new State-supported route or expanding an existing 
        State-supported route, Amtrak shall closely coordinate 
        with all States in which such route operates, and shall 
        consult with the following:
                  (A) The local municipalities in which the 
                proposed route operates.
                  (B) Commuter authorities and regional 
                transportation authorities (as such terms are 
                defined in section 24102) in the areas proposed 
                to be served by such route.
                  (C) The owner of any rail infrastructure over 
                which the proposed route operates.
                  (D) Administrator of the Federal Railroad 
                Administration.
                  (E) Other stakeholders, as appropriate.
          (2) State commitments.--Notwithstanding any other 
        provision of law, before beginning construction 
        necessary for, or beginning operation of, a State-
        supported route that is initiated or expanded on or 
        after the date of enactment of the TRAIN Act, Amtrak 
        shall enter into an agreement with the State in which 
        the proposed route operates for sharing ongoing 
        operating costs and capital costs in accordance with--
                  (A) the cost methodology policy described 
                under subsection (a)(7); or
                  (B) the alternative cost methodology schedule 
                described in paragraph (3).
          (3) Alternative cost methodology.--Under the cost 
        methodology schedule described in this paragraph, with 
        respect to costs not covered by revenues for the 
        operation of a State-supported route, Amtrak shall 
        pay--
                  (A) the share Amtrak otherwise would have 
                paid under the cost methodology under 
                subsection (a); and
                  (B) a percentage of the share that the State 
                otherwise would have paid under the cost 
                methodology policy under subsection (a) 
                according to the following:
                          (i) Amtrak shall pay up to 100 
                        percent of the capital costs and 
                        planning costs necessary to initiate a 
                        new State-supported route or expand an 
                        existing State-supported route, 
                        including planning and development, 
                        design, and environmental analysis 
                        costs, prior to beginning operations on 
                        the new route.
                          (ii) For the first 2 years of 
                        operation, Amtrak shall pay for 100 
                        percent of operating costs and capital 
                        costs.
                          (iii) For the third year of 
                        operation, Amtrak shall pay 90 percent 
                        of operating costs and capital costs 
                        and the State shall pay the remainder.
                          (iv) For the fourth year of 
                        operation, Amtrak shall pay 80 percent 
                        of operating costs and capital costs 
                        and the State shall pay the remainder
                          (v) For the fifth year of operation, 
                        Amtrak shall pay 50 percent of 
                        operating costs and capital costs and 
                        the State shall pay the remainder.
                          (vi) For the sixth year of operation 
                        and thereafter, operating costs and 
                        capital costs shall be allocated in 
                        accordance with the cost methodology 
                        policy described under subsection (a) 
                        as applicable.
          (4) Definitions.--In this subsection, the terms 
        ``capital cost'' and ``operating cost'' shall apply in 
        the same manner as such terms apply under the cost 
        methodology policy developed under subsection (a).
  (h) Cost Methodology Update and Implementation Report.--Not 
later than 18 months after an updated cost methodology policy 
required under subsection (a)(7)(B) is implemented, the 
Committee shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report assessing the implementation of the updated 
policy.
  (i) Identification of State-supported Route Changes.--Amtrak 
shall provide an update in the general and legislative annual 
report required by 24315(b) of planned or proposed changes to 
State-supported routes, including the introduction of new 
State-supported routes. In identifying routes to be considered 
planned or proposed under this subsection, Amtrak shall--
          (1) identify the timeframe in which such changes 
        could take effect and whether Amtrak has entered into a 
        commitment with a State under subsection (g)(2); and
          (2) consult with the Committee and any additional 
        States in which a planned or proposed route may 
        operate, not less than 120 days before an annual grant 
        request is transmitted to the Secretary.
  (j) Rule of Construction.--The decisions of the Committee--
          (1) shall pertain to the rail operations of Amtrak 
        and related activities of trains operated by Amtrak on 
        State-sponsored routes; and
          (2) shall not pertain to the rail operations or 
        related activities of services operated by other rail 
        carriers on State-supported routes.
  (k) Definition of State.--In this section, the term ``State'' 
means any of the 50 States, including the District of Columbia, 
that sponsor or propose to sponsor the operation of trains by 
Amtrak on a State-supported route, or a public entity that 
sponsors or proposes to sponsor such operation on such a route.

           *       *       *       *       *       *       *


CHAPTER 249--NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

           *       *       *       *       *       *       *


Sec. 24904. Northeast Corridor planning

  (a) Service Development Plan.--
          (1) Requirement.--Not later than December 31, 2021, 
        the Northeast Corridor Commission established under 
        section 24905 (referred to in this section as the 
        ``Commission'') shall submit to Congress a service 
        development plan that identifies key state-of-good-
        repair, capacity expansion, and capital improvement 
        projects planned for the Northeast Corridor, to upgrade 
        aging infrastructure and improve the reliability, 
        capacity, connectivity, performance, and resiliency of 
        passenger rail service on the Northeast Corridor.
          (2) Contents.--The service development plan required 
        under paragraph (1) shall--
                  (A) provide a coordinated and consensus-based 
                plan covering a period of 15 years;
                  (B) identify service objectives and capital 
                investments needs;
                  (C) provide a delivery-constrained strategy 
                that identifies capital investment phasing, an 
                evaluation of workforce needs, and strategies 
                for managing resources and mitigating 
                construction impacts on operations;
                  (D) describe the anticipated outcomes of each 
                project or program, including an assessment of 
                improved capacity, travel time, and other 
                benefits and costs of proposed investments;
                  (E) include a financial strategy that 
                incorporates available funding and identifies 
                funding needs and potential sources of such 
                funding; and
                  (F) be updated at least every 5 years.
  [(a)] (b) Northeast Corridor Capital Investment Plan.--
          (1) Requirement.--[Not later than May 1 of each year, 
        the Northeast Corridor Commission established under 
        section 24905 (referred to in this section as the 
        ``Commission'') shall] Not later than November 1 of 
        each year, the Commission shall--
                  (A) develop [a capital investment plan] an 
                annual capital investment plan for the 
                Northeast Corridor; and
                  (B) submit the capital investment plan for 
                the Northeast Corridor to the Secretary of 
                Transportation and the Committee on Commerce, 
                Science, and Transportation of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives.
          (2) Contents.--The capital investment plan shall--
                  (A) reflect coordination [and network 
                optimization] across the entire Northeast 
                Corridor;
                  (B) integrate the individual capital [and 
                service] plans developed by each operator using 
                the methods described in the cost allocation 
                policy developed under section 24905(c);
                  (C) cover a period of 5 fiscal years, 
                beginning with the [first fiscal year after the 
                date on which] fiscal year during which the 
                plan is completed;
                  (D) notwithstanding section 24902(b), 
                [identify, prioritize, and phase the 
                implementation of projects and programs to 
                achieve the service outcomes identified in the 
                Northeast Corridor service development plan and 
                the asset condition needs identified in the 
                Northeast Corridor asset management plans, once 
                available, and consider] document the projects 
                and programs being undertaken to achieve the 
                service outcomes identified in the Northeast 
                Corridor service development plan, once 
                available, and the asset condition needs 
                identified in the Northeast Corridor asset 
                management system described in subsection (e) 
                and consider--
                          (i) the overall estimated benefits 
                        and costs of capital investments in the 
                        plan;
                          (ii) project and program readiness;
                          (iii) the operational impacts; and
                          (iv) Federal and non-Federal funding 
                        availability;
                  (E) categorize capital projects and programs 
                as primarily associated with--
                          (i) [normalized capital replacement 
                        and] basic infrastructure renewals;
                          (ii) replacement or rehabilitation of 
                        major Northeast Corridor infrastructure 
                        assets, including tunnels, bridges, 
                        stations, and other assets;
                          (iii) statutory, regulatory, or other 
                        legal mandates;
                          (iv) improvements to support service 
                        enhancements or growth; or
                          (v) strategic initiatives that will 
                        improve overall operational performance 
                        or lower costs;
                  (F) identify capital projects and programs 
                that are associated with more than 1 category 
                described in subparagraph (E); and
                  [(G) describe the anticipated outcomes of 
                each project or program, including an 
                assessment of--
                          [(i) the potential effect on 
                        passenger accessibility, operations, 
                        safety, reliability, and resiliency;
                          [(ii) the ability of infrastructure 
                        owners and operators to meet regulatory 
                        requirements if the project or program 
                        is not funded; and
                          [(iii) the benefits and costs; and]
                  [(H)] (G) include a financial plan.
          (3) Financial plan.--The financial plan under 
        [paragraph (2)(H)] paragraph (2)(G) shall--
                  (A) identify anticipated funding sources and 
                financing methods and, in the absence of an 
                authorization or appropriation of funds for a 
                fiscal year, be based on the amount of funding 
                available in the previous fiscal year, plus 
                inflation;
                  (B) identify the [expected allocated shares 
                of costs] status of cost sharing agreements 
                pursuant to the cost allocation policy 
                developed under section 24905(c);
                  (C) identify the projects and programs that 
                the Commission expects will receive Federal 
                financial assistance; [and]
                  (D) include any funding needs in excess of 
                amounts authorized or otherwise available in a 
                fiscal year; and
                  [(D)(E) identify the eligible entity or 
                entities that the Commission expects will 
                receive the Federal financial assistance 
                described under subparagraph (C) and implement 
                each capital project.
  [(b)] (c) Failure To Develop a Capital Investment Plan.--If a 
capital investment plan has not been developed by the 
Commission for a given fiscal year, then the funds assigned to 
the Northeast Corridor account established under section 
24317(b) for that fiscal year [may be spent only on--]
          [(1) capital projects described in clause (i) or 
        (iii) of subsection (a)(2)(E) of this section; or
          [(2) capital projects described in subsection 
        (a)(2)(E)(iv) or (v) of this section that are for the 
        sole benefit of Amtrak.] may be spent only on capital 
        projects and programs contained in the Commission's 
        capital investment plan from the previous year.
  [(c) Northeast Corridor Asset Management.--
          [(1) Contents.--With regard to its infrastructure, 
        Amtrak and each State and public transportation entity 
        that owns infrastructure that supports or provides for 
        intercity rail passenger transportation on the 
        Northeast Corridor shall develop an asset management 
        system and develop and update, as necessary, a 
        Northeast Corridor asset management plan for each 
        service territory described in subsection (a) that--
                  [(A) is consistent with the Federal Transit 
                Administration process, as authorized under 
                section 5326, when implemented; and
                  [(B) includes, at a minimum--
                          [(i) an inventory of all capital 
                        assets owned by the developer of the 
                        asset management 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, including decision-support 
                        tools and investment prioritization 
                        methods; and
                          [(iv) a description of changes in 
                        asset condition since the previous 
                        version of the plan.
          [(2) Transmittal.--Each entity described in paragraph 
        (1) shall transmit to the Commission--
                  [(A) not later than 2 years after the date of 
                enactment of the Passenger Rail Reform and 
                Investment Act of 2015, a Northeast Corridor 
                asset management plan developed under paragraph 
                (1); and
                  [(B) at least biennially thereafter, an 
                update to such plan.
  [(d) Northeast Corridor Service Development Plan Updates.--
Not less frequently than once every 10 years, the Commission 
shall update the Northeast Corridor service development plan.]
  (d) Review and Coordination.--The Commission shall gather 
information from Amtrak, the States in which the Northeast 
Corridor is located, and commuter rail authorities to support 
development of the capital investment plan. The Commission may 
specify a format and other criteria for the information 
submitted. Submissions to the plan from Amtrak, States in which 
the Northeast Corridor are located, and commuter rail 
authorities shall be provided to the Commission in a manner 
that allows for a reasonable period of review by, and 
coordination with, affected agencies.
  (e) Northeast Corridor Asset Management.--With regard to 
existing infrastructure, Amtrak and other infrastructure owners 
that provide or support intercity rail passenger transportation 
on the Northeast Corridor shall develop an asset management 
system, and use and update such system as necessary, to develop 
submissions to the Northeast Corridor capital investment plan 
described in subsection (b). Such system shall--
          (1) be timed consistent with the Federal Transit 
        Administration process, as authorized under section 
        5326, when implemented; and
          (2) include, at a minimum--
                  (A) an inventory of all capital assets owned 
                by the developer of the plan;
                  (B) an assessment of asset condition;
                  (C) a description of the resources and 
                processes necessary to bring or maintain those 
                assets in a state of good repair; and
                  (D) a description of changes in asset 
                condition since the previous version of the 
                plan.
  [(e)] (f) Definition of Northeast Corridor.--In this section, 
the term ``Northeast Corridor'' means the main line between 
Boston, Massachusetts, and the District of Columbia, and the 
Northeast Corridor branch lines connecting to Harrisburg, 
Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, 
New York, including the facilities and services used to operate 
and maintain those lines.

Sec. 24905. Northeast Corridor Commission; Safety Committee

  (a) Northeast Corridor Commission.--
          (1) Within 180 days after the date of enactment of 
        the Passenger Rail Investment and Improvement Act of 
        2008, the Secretary of Transportation shall establish a 
        Northeast Corridor Commission (referred to in this 
        section as the ``Commission'') to promote mutual 
        cooperation and planning pertaining to the rail 
        operations, infrastructure investments, and related 
        activities of the Northeast Corridor. The Commission 
        shall be made up of--
                  (A) [members] 4 members representing Amtrak;
                  (B) [members] 5 members representing the 
                Department of Transportation, including the 
                Office of the Secretary, the Federal Railroad 
                Administration, and the Federal Transit 
                Administration;
                  (C) 1 member from each of the States 
                (including the District of Columbia) that 
                constitute the Northeast Corridor as defined in 
                section 24102, designated by, and serving at 
                the pleasure of, the chief executive officer 
                thereof; and
                  (D) non-voting representatives of freight 
                [and commuter railroad carriers using the 
                Northeast Corridor selected by the Secretary] 
                railroad carriers and commuter authorities 
                using the Northeast Corridor, as determined by 
                the Commission.
          [(2) The Secretary shall ensure that the membership 
        belonging to any of the groups enumerated under 
        paragraph (1) shall not constitute a majority of the 
        Commission's memberships.]
          (2) At least two of the members described in 
        paragraph (1)(B) shall be career appointees, as such 
        term is defined in section 3132(a) of title 5.
          (3) The Commission shall establish a schedule and 
        location for convening meetings, but shall meet no less 
        than four times per fiscal year, and the Commission 
        shall develop rules and procedures to govern the 
        Commission's proceedings.
          (4) A vacancy in the Commission shall be filled in 
        the manner in which the original appointment was made.
          (5) Members shall serve without pay but shall receive 
        travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 
        of title 5.
          (6) The members of the Commission shall elect co-
        chairs consisting of 1 member described in paragraph 
        (1)(B) and 1 member described in paragraph (1)(C).
          (7) The Commission may appoint and fix the pay of 
        such personnel as it considers appropriate.
          (8) Upon request of the Commission, the head of any 
        department or agency of the United States may detail, 
        on a reimbursable basis, any of the personnel of that 
        department or agency to the Commission to assist it in 
        carrying out its duties under this section.
          (9) Upon the request of the Commission, the 
        Administrator of General Services shall provide to the 
        Commission, on a reimbursable basis, the administrative 
        support services necessary for the Commission to carry 
        out its responsibilities under this section.
          (10) The Commission shall consult with other entities 
        as appropriate.
  (b) Statement of Goals and Recommendations.--
          (1) Statement of goals.--The Commission shall develop 
        and periodically update a statement of goals concerning 
        the future of Northeast Corridor rail infrastructure 
        and operations based on achieving expanded and improved 
        intercity, commuter, and freight rail services 
        operating with greater safety and reliability, reduced 
        travel times, increased frequencies and enhanced 
        intermodal connections designed to address airport and 
        highway congestion, reduce transportation energy 
        consumption, improve air quality, and increase economic 
        development of the Northeast Corridor region.
          (2) Recommendations.--The Commission shall develop 
        recommendations based on the statement developed under 
        this section addressing, as appropriate--
                  (A) short-term and long-term capital 
                investment needs;
                  (B) future funding requirements for capital 
                improvements and maintenance;
                  (C) operational improvements of intercity 
                passenger rail, commuter rail, and freight rail 
                services;
                  (D) opportunities for additional non-rail 
                uses of the Northeast Corridor;
                  (E) scheduling and dispatching;
                  (F) safety and security enhancements;
                  (G) equipment design;
                  (H) marketing of rail services;
                  (I) future capacity requirements; and
                  (J) potential funding and financing 
                mechanisms for projects of corridor-wide 
                significance.
          (3) Submission of statement of goals, 
        recommendations, and performance reports.--The 
        Commission 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) any updates made to the statement of 
                goals developed under paragraph (1) not later 
                than 60 days after such updates are made; and
                  (B) annual performance reports and 
                recommendations for improvements, as 
                appropriate, issued not later than March 31 of 
                each year, for the prior fiscal year, which 
                summarize--
                          (i) the operations and performance of 
                        commuter, intercity, and freight rail 
                        transportation, including ridership 
                        trends, along the Northeast Corridor; 
                        and
                          (ii) the delivery of the [capital 
                        investment plan described in section 
                        24904.] first year of the capital 
                        investment plan described in section 
                        24904; and
                          (iii) progress in assessing and 
                        eliminating the state-of-good-repair 
                        backlog.
  (c) Allocation of Costs.--
          [(1) Development of policy.--] [The Commission 
        shall--]
                  [(A) develop a standardized policy]
          
          (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,  for determining and 
                allocating costs, revenues, and compensation 
                for Northeast Corridor commuter rail passenger 
                transportation, as defined in section 24102 of 
                this title, on the Northeast Corridor main line 
                between Boston, Massachusetts, and Washington, 
                District of Columbia, and the Northeast 
                Corridor branch lines connecting to Harrisburg, 
                Pennsylvania, Springfield, Massachusetts, and 
                Spuyten Duyvil, New York, that use Amtrak 
                facilities or services or that provide such 
                facilities or services to Amtrak that ensures 
                that--
                          (i) there is no cross-subsidization 
                        of commuter rail passenger, intercity 
                        rail passenger, or freight rail 
                        transportation;
                          (ii) each service is assigned the 
                        costs incurred only for the benefit of 
                        that service, and a proportionate 
                        share, based upon factors that 
                        reasonably reflect relative use, of 
                        costs incurred for the common benefit 
                        of more than 1 service; and
                          (iii) all financial contributions 
                        made by an operator of a service that 
                        benefit an infrastructure owner other 
                        than the operator are considered, 
                        including but not limited to, any 
                        capital infrastructure investments and 
                        in-kind services;
                  (B) develop [a proposed timetable for 
                implementing] timetables for implementing and 
                maintaining the policy;
                  (C) submit [the policy and the timetable] 
                updates to the policy and the timetables 
                developed under subparagraph (B) to the Surface 
                Transportation Board, the Committee on 
                Commerce, Science, and Transportation of the 
                Senate, and the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                  [(D) not later than October 1, 2015, adopt 
                and implement the policy in accordance with the 
                timetable; and]
                  (D) support the efforts of the members of the 
                Commission to implement the policy in 
                accordance with such timetables; and
                  (E) with the consent of a majority of its 
                members, petition the Surface Transportation 
                Board to appoint a mediator to assist the 
                Commission members through nonbinding mediation 
                to reach an agreement under this section.
          (2) Implementation.--[Amtrak and public authorities 
        providing commuter rail passenger transportation on the 
        Northeast Corridor shall implement new agreements for 
        usage of facilities or services based on the policy 
        developed under paragraph (1) in accordance with the 
        timetable established therein.] 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. If the 
        entities [fail to implement such new agreements] fail 
        to implement the policy in accordance with paragraph 
        (1)(D) or fail to comply with the policy thereafter, 
        the Surface Transportation Board shall determine the 
        appropriate compensation for such usage in accordance 
        with the procedures and procedural schedule applicable 
        to a proceeding under section 24903(c), after taking 
        into consideration the policy developed under 
        [paragraph (1)(A), as applicable] paragraph (1). The 
        Surface Transportation Board shall enforce its 
        determination on the party or parties involved.
          (3) Revisions.--The Commission may make necessary 
        revisions to the policy developed under paragraph (1), 
        including revisions based on Amtrak's financial 
        accounting system developed pursuant to section 203 of 
        the Passenger Rail Investment and Improvement Act of 
        2008.
          (4) Request for dispute resolution.--If a dispute 
        arises with the implementation of, or compliance with, 
        the policy developed under paragraph (1), the 
        Commission, Amtrak, or [public authorities providing 
        commuter rail passenger transportation] commuter 
        authorities on the Northeast Corridor may request that 
        the Surface Transportation Board conduct dispute 
        resolution. The Surface Transportation Board shall 
        establish procedures for resolution of disputes brought 
        before it under this paragraph, which may include the 
        provision of professional mediation services.
  [(d) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary for the use of the 
Commission and the Northeast Corridor Safety Committee such 
sums as may be necessary to carry out this section during 
fiscal years 2016 through 2020, in addition to any amounts 
withheld under section 11101(g) of the Passenger Rail Reform 
and Investment Act of 2015.]
  [(e)] (d) Northeast Corridor Safety Committee.--
          (1) In general.--The Secretary shall establish a 
        Northeast Corridor Safety Committee composed of members 
        appointed by the Secretary. The members shall be 
        representatives of--
                  (A) the Department of Transportation, 
                including the Federal Railroad Administration;
                  (B) Amtrak;
                  (C) freight carriers operating more than 
                150,000 train miles a year on the main line of 
                the Northeast Corridor;
                  (D) [commuter rail agencies] commuter 
                authorities;
                  (E) rail passengers;
                  (F) rail labor; and
                  (G) other individuals and organizations the 
                Secretary decides have a significant interest 
                in rail safety or security.
          (2) Sunset.--The Committee established under this 
        subsection ceases to exist on the date that the 
        Secretary determines positive train control, as 
        required by section 20157, is fully implemented along 
        the Northeast Corridor.

           *       *       *       *       *       *       *


Sec. 24911. Federal-State partnership for state of good repair

  (a) Definitions.--In this section:
          (1) Applicant.--The term ``applicant'' means--
                  (A) a State (including the District of 
                Columbia);
                  (B) a group of States;
                  (C) an Interstate Compact;
                  (D) a public agency or publicly chartered 
                authority established by 1 or more States;
                  (E) a political subdivision of a State;
                  (F) Amtrak, acting on its own behalf or under 
                a cooperative agreement with 1 or more States; 
                or
                  (G) any combination of the entities described 
                in subparagraphs (A) through (F).
          (2) Capital project.--The term ``capital project'' 
        means--
                  (A) a project primarily intended to replace, 
                rehabilitate, or repair major infrastructure 
                assets utilized for providing intercity rail 
                passenger service, including tunnels, bridges, 
                stations, and other assets, as determined by 
                the Secretary; or
                  (B) a project primarily intended to improve 
                intercity passenger rail performance, including 
                reduced trip times, increased train 
                frequencies, higher operating speeds, and other 
                improvements, as determined by the Secretary.
          (3) Intercity rail passenger transportation.--The 
        term ``intercity rail passenger transportation'' has 
        the meaning given the term in section 24102.
          (4) Northeast corridor.--The term ``Northeast 
        Corridor'' means--
                  (A) the main rail line between Boston, 
                Massachusetts and the District of Columbia;
                  (B) the branch rail lines connecting to 
                Harrisburg, Pennsylvania, Springfield, 
                Massachusetts, and Spuyten Duyvil, New York; 
                and
                  (C) facilities and services used to operate 
                and maintain lines described in subparagraphs 
                (A) and (B).
          (5) Qualified railroad asset.--The term ``qualified 
        railroad asset'' means infrastructure, equipment, or a 
        facility that--
                  (A) is owned or controlled by an eligible 
                applicant;
                  (B) is contained in the planning document 
                developed under section 24904 and for which a 
                cost-allocation policy has been developed under 
                section 24905(c), or is contained in an 
                equivalent planning document and for which a 
                similar cost-allocation policy has been 
                developed; and
                  (C) was not in a state of good repair on the 
                date of enactment of the Passenger Rail Reform 
                and Investment Act of 2015.
  (b) Grant Program Authorized.--The Secretary of 
Transportation shall develop and implement a program for 
issuing grants to applicants, on a competitive basis, to fund 
capital projects that reduce the state of good repair backlog 
with respect to qualified railroad assets.
  (c) Eligible Projects.--Projects eligible for grants under 
this section include capital projects to replace or 
rehabilitate qualified railroad assets, including--
          (1) capital projects to replace existing assets in-
        kind;
          (2) capital projects to replace existing assets with 
        assets that increase capacity or provide a higher level 
        of service;
          (3) capital projects to ensure that service can be 
        maintained while existing assets are brought to a state 
        of good repair; and
          (4) capital projects to bring existing assets into a 
        state of good repair.
  (d) Project Selection Criteria.--In selecting an applicant 
for a grant under this section, the Secretary shall--
          (1) give preference to eligible projects for which--
                  (A) Amtrak is not the sole applicant;
                  (B) applications were submitted jointly by 
                multiple applicants; and
                  (C) the proposed Federal share of total 
                project costs does not exceed 50 percent; and
          (2) take into account--
                  (A) the cost-benefit analysis of the proposed 
                project, including anticipated private and 
                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) efficiencies from improved 
                        integration with other modes; and
                          (iv) ability to meet existing or 
                        anticipated demand;
                  (B) the degree to which the proposed 
                project's business plan considers potential 
                private sector participation in the financing, 
                construction, or operation of the proposed 
                project;
                  (C) the applicant's past performance in 
                developing and delivering similar projects, and 
                previous financial contributions;
                  (D) whether the applicant has, or will have--
                          (i) the legal, financial, and 
                        technical capacity to carry out the 
                        project;
                          (ii) satisfactory continuing control 
                        over the use of the equipment or 
                        facilities; and
                          (iii) the capability and willingness 
                        to maintain the equipment or 
                        facilities;
                  (E) if applicable, the consistency of the 
                project with planning guidance and documents 
                set forth by the Secretary or required by law; 
                and
                  (F) any other relevant factors, as determined 
                by the Secretary.
  (e) Northeast Corridor Projects.--
          (1) Compliance with usage agreements.--Grant funds 
        may not be provided under this section to an eligible 
        recipient for an eligible project located on the 
        Northeast Corridor unless Amtrak and the public 
        authorities providing commuter rail passenger 
        transportation at the eligible project location on the 
        Northeast Corridor are in compliance with section 
        24905(c)(2).
          (2) Capital investment plan.--When selecting projects 
        located on the Northeast Corridor, the Secretary shall 
        consider the appropriate sequence and phasing of 
        projects as contained in the Northeast Corridor capital 
        investment plan developed pursuant to section 
        [24904(a)] 24904(b).
  (f) Federal Share of Total Project Costs.--
          (1) Total project cost.--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 80 
        percent.
          (3) Treatment of amtrak revenue.--If Amtrak is an 
        applicant under this section, Amtrak may use ticket and 
        other revenues generated from its operations and other 
        sources to satisfy the non-Federal share requirements.
  (g) Letters of Intent.--
          (1) In general.--The Secretary shall, to the maximum 
        extent practicable, issue a letter of intent to a 
        grantee under this section that--
                  (A) announces an intention to obligate, for a 
                major capital project under this section, an 
                amount from future available budget authority 
                specified in law 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 30 days 
                before issuing a letter under paragraph (1), 
                the Secretary shall submit written notification 
                to--
                          (i) the Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate;
                          (ii) the Committee on Appropriations 
                        of the Senate;
                          (iii) the Committee on Transportation 
                        and Infrastructure of the House of 
                        Representatives; and
                          (iv) the Committee on Appropriations 
                        of the House of Representatives.
                  (B) Contents.--The notification submitted 
                pursuant to subparagraph (A) shall include--
                          (i) a copy of the proposed letter;
                          (ii) the criteria used under 
                        subsection (d) for selecting the 
                        project for a grant award; and
                          (iii) a description of how the 
                        project meets such criteria.
          (3) Appropriations required.--An obligation or 
        administrative commitment may be made under this 
        section only when amounts are appropriated for such 
        purpose.
  (h) Availability.--Amounts appropriated for carrying out this 
section shall remain available until expended.
  (i) Grant Conditions.--Except as specifically provided in 
this section, the use of any amounts appropriated for grants 
under this section shall be subject to the grant conditions 
under section 22905.

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PART D--HIGH-SPEED RAIL

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CHAPTER 261--HIGH-SPEED RAIL ASSISTANCE

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Sec. 26101. High-speed rail corridor planning

  (a) Corridor Planning Assistance.--(1) The Secretary may 
provide under this section financial assistance to a public 
agency or group of public agencies for corridor planning for up 
to 50 percent of the publicly financed costs associated with 
eligible activities.
  (2) No less than 20 percent of the publicly financed costs 
associated with eligible activities shall come from State and 
local sources, which State and local sources may not include 
funds from any Federal program.
  (b) Eligible Activities.--(1) A corridor planning activity is 
eligible for financial assistance under subsection (a) if the 
Secretary determines that it is necessary to establish 
appropriate engineering, operational, financial, environmental, 
or socioeconomic projections for the establishment of high-
speed rail service in the corridor and that it leads toward 
development of a prudent financial and institutional plan for 
implementation of specific high-speed rail improvements[, or if 
it is an activity described in subparagraph (M)]. Eligible 
corridor planning activities include--
          (A) environmental assessments;
          (B) feasibility studies emphasizing commercial 
        technology improvements or applications;
          (C) economic analyses, including ridership, revenue, 
        and operating expense forecasting;
          (D) assessing the impact on rail employment of 
        developing high-speed rail corridors;
          (E) assessing community economic impacts;
          (F) coordination with State and metropolitan area 
        transportation planning and corridor planning with 
        other States;
          (G) operational planning;
          (H) route selection analyses and purchase of rights-
        of-way for proposed high-speed rail service;
          (I) preliminary engineering and design;
          (J) identification of specific improvements to a 
        corridor, including electrification, line straightening 
        and other [right-of-way improvements] right-of-way 
        acquisition or improvement needs, bridge rehabilitation 
        and replacement, use of advanced locomotives and 
        rolling stock, ticketing, coordination with other modes 
        of transportation, parking and other means of passenger 
        access, track, signal, station, and other capital work, 
        and use of intermodal terminals;
          (K) preparation of financing plans and prospectuses; 
        and
          [(L) creation of public/private partnerships; and
          [(M) the acquisition of locomotives, rolling stock, 
        track, and signal equipment.]
          (L) public costs in the creation of public private 
        partnerships.
  (2) No financial assistance shall be provided under this 
section for corridor planning with respect to the main line of 
the Northeast Corridor, between Washington, District of 
Columbia, and Boston, Massachusetts.
  (c) Criteria for Determining Financial Assistance.--Selection 
by the Secretary of recipients of financial assistance under 
this section shall be based on such criteria as the Secretary 
considers appropriate, including--
          [(1) the relationship of the corridor to the 
        Secretary's national high-speed ground transportation 
        policy;
          [(2) the extent to which the proposed planning 
        focuses on systems which will achieve sustained speeds 
        of 125 mph or greater;
          [(3) the integration of the corridor into 
        metropolitan area and statewide transportation 
        planning;]
          (1) the extent to which the proposed planning focuses 
        on systems which will provide for high-speed rail;
          (2) the integration of the corridor into metropolitan 
        area and statewide transportation planning, including 
        State rail plans;
          (3) the use of rail stations within urbanized areas 
        that are located in a geographic area with a greater 
        density population than the urbanized area as a whole;
          (4) the potential interconnection of the corridor 
        with other parts of the Nation's transportation system, 
        including the interconnection with other countries, 
        passenger rail, transit, and other multimodal options;
          (5) the anticipated effect of the corridor on the 
        congestion of other modes of transportation;
          (6) whether the work to be funded will aid the 
        efforts of State and local governments to comply with 
        the Clean Air Act (42 U.S.C. 7401 et seq.) and reduce 
        greenhouse gas emissions;
          (7) the past and proposed financial commitments and 
        other support of State and local governments and the 
        private sector to the proposed high-speed rail program, 
        including the acquisition of rolling stock;
          (8) the estimated level of ridership;
          (9) the estimated capital cost of corridor 
        improvements, including the cost of closing, improving, 
        or separating highway-rail grade crossings;
          (10) rail transportation employment impacts;
          (11) community economic impacts, including access to 
        affordable housing;
          (12) the extent to which the projected revenues of 
        the proposed high-speed rail service, along with any 
        financial commitments of State or local governments and 
        the private sector, are expected to cover capital costs 
        and operating and maintenance expenses;
          (13) whether a specific route has been selected, 
        specific improvements identified, and capacity studies 
        completed; and
          (14) whether the corridor has been designated as a 
        high-speed rail corridor by the Secretary.

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Sec. 26105. Definitions

  For purposes of this chapter--
          (1) the term ``financial assistance'' includes 
        grants, contracts,, cooperative agreements, and other 
        transactions;
          (2) the term ``high-speed rail'' means all forms of 
        nonhighway ground transportation that run on rails or 
        electromagnetic guideways providing transportation 
        service which is made available to members of the 
        general public as passengers and reasonably expected to 
        reach speeds of--
                  (A) [reasonably expected to reach sustained 
                speeds of more than 125 miles per hour; and] 
                160 miles per hour or more on shared-use right-
                of-way; or
                  (B) [made available to members of the general 
                public as passengers] 186 miles per hour or 
                more on dedicated right-of-way,
        but does not include rapid transit operations within an 
        urban area that are not connected to the general rail 
        system of transportation;
          (3) the term ``publicly financed costs'' means the 
        costs funded after April 29, 1993, by Federal, State, 
        and local governments;
          (4) the term ``Secretary'' means the Secretary of 
        Transportation;
          (5) the term ``State'' means any of the several 
        States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, the Virgin Islands, Guam, 
        American Samoa, and any other territory or possession 
        of the United States; and
          (6) the term ``United States private business'' means 
        a business entity organized under the laws of the 
        United States, or of a State, and conducting 
        substantial business operations in the United States.

Sec. 26106. High-speed rail corridor development

  (a) In General.--The Secretary of Transportation shall 
establish and implement a high-speed rail corridor development 
program.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Applicant.--The term ``applicant'' means a State, 
        a group of States, an Interstate Compact, a public 
        agency established by one or more States and having 
        responsibility for providing high-speed rail service, 
        or Amtrak.
          (2) Corridor.--The term ``corridor'' means a corridor 
        designated by the Secretary pursuant to section 
        104(d)(2) of title 23.
          (3) Capital project.--The term ``capital project'' 
        means a project or program in a State rail plan 
        developed under chapter 227 of this title for 
        acquiring, constructing, improving, or inspecting 
        equipment, track, and track structures, or a facility 
        of use in or for the primary benefit of high-speed rail 
        service, 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 related to high-speed 
        rail service, mitigating environmental impacts, 
        communication and signalization improvements, 
        relocation assistance, acquiring replacement housing 
        sites, and acquiring, constructing, relocating, and 
        rehabilitating replacement housing.
          (4) High-speed rail.--The term ``high-speed rail'' 
        means intercity passenger rail service that is 
        reasonably expected to reach speeds of at least 110 
        miles per hour.
          (5) Intercity passenger rail service.--The term 
        ``intercity passenger rail service'' has the meaning 
        given the term ``intercity rail passenger 
        transportation'' in section 24102 of this title.
          (6) State.--The term ``State'' means any of the 50 
        States or the District of Columbia.
  (c) General Authority.--The Secretary may make grants under 
this section to an applicant to finance capital projects in 
high-speed rail corridors.
  (d) Applications.--Each applicant seeking to receive a grant 
under this section to develop a high-speed rail corridor shall 
submit to the Secretary an application in such form and in 
accordance with such requirements as the Secretary shall 
establish.
  (e) Competitive Grant Selection and Criteria for Grants.--
          (1) In general.--The Secretary shall--
                  (A) establish criteria for selecting among 
                projects that meet the criteria specified in 
                paragraph (2);
                  (B) conduct a national solicitation for 
                applications; and
                  (C) award grants on a competitive basis.
          (2) Grant criteria.--The Secretary, in selecting the 
        recipients of high-speed rail development grants to be 
        provided under subsection (c), shall--
                  (A) require--
                          (i) that the project be part of a 
                        State rail plan developed under chapter 
                        227 of this title, or under the plan 
                        required by [section 211 of the 
                        Passenger Rail Investment and 
                        Improvement Act of 2008] section 
                        24904(a);
                          (ii) that the applicant or recipient 
                        has or will have the legal, financial, 
                        and technical capacity to carry out the 
                        project, satisfactory continuing 
                        control over the use of the equipment 
                        or facilities, and the capability and 
                        willingness to maintain the equipment 
                        or facilities;
                          (iii) that the project be based on 
                        the results of preliminary engineering 
                        studies or other planning, including 
                        corridor planning activities funded 
                        under section 26101 of this title;
                          (iv) that the applicant provides 
                        sufficient information upon which the 
                        Secretary can make the findings 
                        required by this subsection;
                          (v) that if an applicant has selected 
                        the proposed operator of its service, 
                        that the applicant provide written 
                        justification to the Secretary showing 
                        why the proposed operator is the best, 
                        taking into account costs and other 
                        factors;
                          (vi) that each proposed project meet 
                        all safety and security requirements 
                        that are applicable to the project 
                        under law; and
                          (vii) that each project be compatible 
                        with, and operated in conformance 
                        with--
                                  (I) plans developed pursuant 
                                to the requirements of section 
                                135 of title 23; and
                                  (II) the national rail plan 
                                (if it is available);
                  (B) select high-speed rail projects--
                          (i) that are anticipated to result in 
                        significant improvements to intercity 
                        rail passenger service, including, but 
                        not limited to, consideration of the 
                        project's--
                                  (I) levels of estimated 
                                ridership, increased on-time 
                                performance, reduced trip time, 
                                additional service frequency to 
                                meet anticipated or existing 
                                demand, or other significant 
                                service enhancements as 
                                measured against minimum 
                                standards developed under 
                                section 207 of the Passenger 
                                Rail Investment and Improvement 
                                Act of 2008;
                                  (II) anticipated favorable 
                                impact on air or highway 
                                traffic congestion, capacity, 
                                or safety; and
                          (ii) for which there is a high degree 
                        of confidence that the proposed project 
                        is feasible and will result in the 
                        anticipated benefits, as indicated by--
                                  (I) the project's 
                                precommencement compliance with 
                                environmental protection 
                                requirements;
                                  (II) the readiness of the 
                                project to be commenced;
                                  (III) the commitment of any 
                                affected host rail carrier to 
                                ensure the realization of the 
                                anticipated benefits; and
                                  (IV) other relevant factors 
                                as determined by the Secretary;
                          (iii) for which the level of the 
                        anticipated benefits compares favorably 
                        to the amount of Federal funding 
                        requested under this section; and
                  (C) give greater consideration to projects--
                          (i) that are anticipated to result in 
                        benefits to other modes of 
                        transportation and to the public at 
                        large, including, but not limited to, 
                        consideration of the project's--
                                  (I) encouragement of 
                                intermodal connectivity through 
                                provision of direct connections 
                                between train stations, 
                                airports, bus terminals, subway 
                                stations, ferry ports, and 
                                other modes of transportation;
                                  (II) connectivity to rail 
                                stations within urbanized areas 
                                that are located in a 
                                geographic area with a greater 
                                density population than the 
                                urbanized area as a whole;
                                  [(II)] (III) anticipated 
                                improvement of conventional 
                                intercity passenger, freight, 
                                or commuter rail operations;
                                  [(III) use of positive train 
                                control technologies;
                                  [(IV) environmental benefits, 
                                including projects that involve 
                                the purchase of environmentally 
                                sensitive, fuel-efficient, and 
                                cost-effective passenger rail 
                                equipment;]
                                  (IV) environmental benefits, 
                                including projects that--
                                          (aa) reduce 
                                        greenhouse gas 
                                        emissions; and
                                          (bb) involve 
                                        electrification or the 
                                        purchase of 
                                        environmentally 
                                        sensitive, fuel-
                                        efficient, and cost-
                                        effective passenger 
                                        rail equipment;
                                  (V) anticipated positive 
                                economic and employment 
                                impacts;
                                  (VI) encouragement of State 
                                and private contributions 
                                toward station development, 
                                energy and environmental 
                                efficiency, and economic 
                                benefits; and
                                  (VII) falling under the 
                                description in section 
                                5302(a)(1)(G)   of this title 
                                as defined to support intercity 
                                passenger rail service; and
                          (ii) that incorporate equitable 
                        financial participation in the 
                        project's financing, including, but not 
                        limited to, consideration of--
                                  (I) donated property 
                                interests or services;
                                  (II) financial contributions 
                                by intercity passenger, 
                                freight, and commuter rail 
                                carriers commensurate with the 
                                benefit expected to their 
                                operations; and
                                  (III) financial commitments 
                                from host railroads, non-
                                Federal governmental entities, 
                                non-governmental entities, and 
                                others.
          (3) Grant conditions.--The Secretary shall require 
        each recipient of a grant under this chapter to comply 
        with the grant requirements of section 22905.
          (4) State rail plans.--State rail plans completed 
        before the date of enactment of the Passenger Rail 
        Investment and Improvement Act of 2008 that 
        substantially meet the requirements of chapter 227 of 
        this title, as determined by the Secretary pursuant to 
        section 22506 of this title, shall be deemed by the 
        Secretary to have met the requirements of paragraph 
        (2)(A)(i) of this subsection.
  (f) Federal Share.--The Federal share of the cost of a 
project financed under this section shall not exceed 80 percent 
of the project net capital cost.
  (g) Issuance of Regulations.--Within 1 year after the date of 
enactment of this section, the Secretary shall issue 
regulations to carry out this section.
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary to carry out this section--
          (1) $150,000,000 for fiscal year 2009;
          (2) $300,000,000 for fiscal year 2010;
          (3) $350,000,000 for fiscal year 2011;
          (4) $350,000,000 for fiscal year 2012; and
          (5) $350,000,000 for fiscal year 2013.

           *       *       *       *       *       *       *


PART E--MISCELLANEOUS

           *       *       *       *       *       *       *


CHAPTER 281--LAW ENFORCEMENT

           *       *       *       *       *       *       *


Sec. 28103. Limitations on rail passenger transportation liability

  (a) Limitations.--(1) Notwithstanding any other statutory or 
common law or public policy, or the nature of the conduct 
giving rise to damages or liability, in a claim for personal 
injury to a passenger, death of a passenger, or damage to 
property of a passenger arising from or in connection with the 
provision of rail passenger transportation, or from or in 
connection with any rail passenger transportation operations 
over or rail passenger transportation use of right-of-way or 
facilities owned, leased, or maintained by any high-speed 
railroad authority or operator, any commuter authority or 
operator, any rail carrier, or any State, punitive damages, to 
the extent permitted by applicable State law, may be awarded in 
connection with any such claim only if the plaintiff 
establishes by clear and convincing evidence that the harm that 
is the subject of the action was the result of conduct carried 
out by the defendant with a conscious, flagrant indifference to 
the rights or safety of others. If, in any case wherein death 
was caused, the law of the place where the act or omission 
complained of occurred provides, or has been construed to 
provide, for damages only punitive in nature, this paragraph 
shall not apply.
  (2) The aggregate allowable awards to all rail passengers, 
against all defendants, for all claims, including claims for 
punitive damages, arising from a single accident or incident, 
shall not exceed $200,000,000.
  (b) Contractual Obligations.--A provider of rail passenger 
transportation may enter into contracts that allocate financial 
responsibility for claims.
  (c) Mandatory Coverage.--Amtrak shall maintain a total 
minimum liability coverage for claims through insurance and 
self-insurance of at least $200,000,000 per accident or 
incident.
  (d) Effect on Other Laws.--This section shall not affect the 
damages that may be recovered under the Act of April 27, 1908 
(45 U.S.C. 51 et seq.; popularly known as the ``Federal 
Employers' Liability Act'') or under any workers compensation 
Act.
  (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.
  [(e)] (f) Definition.--For purposes of this section--
          (1) the term ``claim'' means a claim made--
                  (A) against Amtrak, any high-speed railroad 
                authority or operator, any commuter authority 
                or operator, any rail carrier, or any State; or
                  (B) against an officer, employee, affiliate 
                engaged in railroad operations, or agent, of 
                Amtrak, any high-speed railroad authority or 
                operator, any commuter authority or operator, 
                any rail carrier, or any State;
          (2) the term ``punitive damages'' means damages 
        awarded against any person or entity to punish or deter 
        such person or entity, or others, from engaging in 
        similar behavior in the future; and
          (3) the term ``rail carrier'' includes a person 
        providing excursion, scenic, or museum train service, 
        and an owner or operator of a privately owned rail 
        passenger car.

           *       *       *       *       *       *       *


CHAPTER 285--COMMUTER RAIL MEDIATION

           *       *       *       *       *       *       *


[Sec. 28502. Surface Transportation Board mediation of trackage use 
                    requests

  [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. 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 
this section.

[Sec. 28503. Surface Transportation Board mediation of rights-of-way 
                    use requests

  [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. 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 this 
section.]

Sec. 28502. Surface Transportation Board mediation of trackage use 
                    requests

  A rail carrier shall provide good faith consideration to a 
reasonable request from a provider of commuter rail passenger 
transportation for access to trackage and provision of related 
services. If, after a reasonable period of negotiation, a 
public transportation authority cannot reach agreement with a 
rail carrier to use trackage of, and have related services 
provided by, the rail carrier for purposes of commuter rail 
passenger transportation, the public transportation authority 
or the rail carrier may apply to the Board for nonbinding 
mediation. In any case in which dispatching for the relevant 
trackage is controlled by a rail carrier other than the 
trackage owner, both shall be subject to the requirements of 
this section and included in the Board's mediation process. The 
Board shall conduct the nonbinding mediation in accordance with 
the mediation process of section 1109.4 of title 49, Code of 
Federal Regulations, as in effect on the date of enactment of 
the TRAIN Act. During such mediation process, the Board shall 
determine whether the consideration a rail carrier provided to 
a request was in good faith and whether the request from a 
provider of commuter rail passenger transportation was 
reasonable. The determinations made in the preceding sentence 
shall have no effect on the nonbinding nature of the mediation.

Sec. 28503. Surface Transportation Board mediation of rights-of-way use 
                    requests

  A rail carrier shall provide good faith consideration to a 
reasonable request from a provider of commuter rail passenger 
transportation for access to rail right-of-way for the 
construction and operation of a segregated fixed guideway 
facility. If, after a reasonable period of negotiation, a 
public transportation authority cannot reach agreement with a 
rail carrier to acquire an interest in a railroad right-of-way 
for the construction and operation of a segregated fixed 
guideway facility to provide commuter rail passenger 
transportation, the public transportation authority or the rail 
carrier may apply to the Board for nonbinding mediation. In any 
case in which dispatching for the relevant trackage is 
controlled by a rail carrier other than the right-of-way owner, 
both shall be subject to the requirements of this section and 
included in the Board's mediation process. The Board shall 
conduct the nonbinding mediation in accordance with the 
mediation process of section 1109.4 of title 49, Code of 
Federal Regulations, as in effect on the date of enactment of 
the TRAIN Act. During such mediation process, the Board shall 
determine whether the consideration a rail carrier provided to 
a request was in good faith and whether the request from a 
provider of commuter rail passenger transportation was 
reasonable. The determinations made in the preceding sentence 
shall have no effect on the nonbinding nature of the mediation.

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SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

           *       *       *       *       *       *       *


PART B--COMMERCIAL

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CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

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SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS

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Sec. 31102. Motor carrier safety assistance program

  (a) In General.--The Secretary of Transportation shall 
administer a motor carrier safety assistance program funded 
under section 31104.
  (b) Goal.--The goal of the program is to ensure that the 
Secretary, States, local governments, other political 
jurisdictions, federally recognized Indian tribes, and other 
persons work in partnership to establish programs to improve 
motor carrier, commercial motor vehicle, and driver safety to 
support a safe and efficient surface transportation system by--
          (1) making targeted investments to promote safe 
        commercial motor vehicle transportation, including the 
        transportation of passengers and hazardous materials;
          (2) investing in activities likely to generate 
        maximum reductions in the number and severity of 
        commercial motor vehicle crashes and in fatalities 
        resulting from such crashes;
          (3) adopting and enforcing effective motor carrier, 
        commercial motor vehicle, and driver safety regulations 
        and practices consistent with Federal requirements; and
          (4) assessing and improving statewide performance by 
        setting program goals and meeting performance 
        standards, measures, and benchmarks.
  (c) State Plans.--
          (1) In general.--In carrying out the program, the 
        Secretary shall prescribe procedures for a State to 
        submit a multiple-year plan, and annual updates 
        thereto, under which the State agrees to assume 
        responsibility for improving motor carrier safety by 
        adopting and enforcing State regulations, standards, 
        and orders that are compatible with the regulations, 
        standards, and orders of the Federal Government on 
        commercial motor vehicle safety and hazardous materials 
        transportation safety.
          (2) Contents.--The Secretary shall approve a State 
        plan if the Secretary determines that the plan is 
        adequate to comply with the requirements of this 
        section, and the plan--
                  (A) implements performance-based activities, 
                including deployment and maintenance of 
                technology to enhance the efficiency and 
                effectiveness of commercial motor vehicle 
                safety programs;
                  (B) designates a lead State commercial motor 
                vehicle safety agency responsible for 
                administering the plan throughout the State;
                  (C) contains satisfactory assurances that the 
                lead State commercial motor vehicle safety 
                agency has or will have the legal authority, 
                resources, and qualified personnel necessary to 
                enforce the regulations, standards, and orders;
                  (D) contains satisfactory assurances that the 
                State will devote adequate resources to the 
                administration of the plan and enforcement of 
                the regulations, standards, and orders;
                  (E) provides a right of entry (or other 
                method a State may use that the Secretary 
                determines is adequate to obtain necessary 
                information) and inspection to carry out the 
                plan;
                  (F) provides that all reports required under 
                this section be available to the Secretary on 
                request;
                  (G) provides that the lead State commercial 
                motor vehicle safety agency will adopt the 
                reporting requirements and use the forms for 
                recordkeeping, inspections, and investigations 
                that the Secretary prescribes;
                  (H) requires all registrants of commercial 
                motor vehicles to demonstrate knowledge of 
                applicable safety regulations, standards, and 
                orders of the Federal Government and the State;
                  (I) provides that the State will grant 
                maximum reciprocity for inspections conducted 
                under the North American Inspection Standards 
                through the use of a nationally accepted system 
                that allows ready identification of previously 
                inspected commercial motor vehicles;
                  (J) ensures that activities described in 
                subsection (h), if financed through grants to 
                the State made under this section, will not 
                diminish the effectiveness of the development 
                and implementation of the programs to improve 
                motor carrier, commercial motor vehicle, and 
                driver safety as described in subsection (b);
                  (K) ensures that the lead State commercial 
                motor vehicle safety agency will coordinate the 
                plan, data collection, and information systems 
                with the State highway safety improvement 
                program required under section 148(c) of title 
                23;
                  (L) ensures participation in appropriate 
                Federal Motor Carrier Safety Administration 
                information technology and data systems and 
                other information systems by all appropriate 
                jurisdictions receiving motor carrier safety 
                assistance program funding;
                  (M) ensures that information is exchanged 
                among the States in a timely manner;
                  (N) provides satisfactory assurances that the 
                State will undertake efforts that will 
                emphasize and improve enforcement of State and 
                local traffic safety laws and regulations 
                related to commercial motor vehicle safety;
                  (O) provides satisfactory assurances that the 
                State will address national priorities and 
                performance goals, including--
                          (i) activities aimed at removing 
                        impaired commercial motor vehicle 
                        drivers from the highways of the United 
                        States through adequate enforcement of 
                        regulations on the use of alcohol and 
                        controlled substances and by ensuring 
                        ready roadside access to alcohol 
                        detection and measuring equipment;
                          (ii) activities aimed at providing an 
                        appropriate level of training to State 
                        motor carrier safety assistance program 
                        officers and employees on recognizing 
                        drivers impaired by alcohol or 
                        controlled substances; and
                          (iii) when conducted with an 
                        appropriate commercial motor vehicle 
                        inspection, criminal interdiction 
                        activities, and appropriate strategies 
                        for carrying out those interdiction 
                        activities, including interdiction 
                        activities that affect the 
                        transportation of controlled substances 
                        (as defined in section 102 of the 
                        Comprehensive Drug Abuse Prevention and 
                        Control Act of 1970 (21 U.S.C. 802) and 
                        listed in part 1308 of title 21, Code 
                        of Federal Regulations, as updated and 
                        republished from time to time) by any 
                        occupant of a commercial motor vehicle;
                  (P) provides that the State has established 
                and dedicated sufficient resources to a program 
                to ensure that--
                          (i) the State collects and reports to 
                        the Secretary accurate, complete, and 
                        timely motor carrier safety data; and
                          (ii) the State participates in a 
                        national motor carrier safety data 
                        correction system prescribed by the 
                        Secretary;
                  (Q) ensures that the State will cooperate in 
                the enforcement of financial responsibility 
                requirements under sections 13906, 31138, and 
                31139 and regulations issued under those 
                sections;
                  (R) ensures consistent, effective, and 
                reasonable sanctions;
                  (S) ensures that roadside inspections will be 
                conducted at locations that are adequate to 
                protect the safety of drivers and enforcement 
                personnel;
                  (T) provides that the State will include in 
                the training manuals for the licensing 
                examination to drive noncommercial motor 
                vehicles and commercial motor vehicles 
                information on best practices for driving 
                safely in the vicinity of noncommercial and 
                commercial motor vehicles;
                  (U) provides that the State will enforce the 
                registration requirements of sections 13902 and 
                31134 by prohibiting the operation of any 
                vehicle discovered to be operated by a motor 
                carrier without a registration issued under 
                those sections or to be operated beyond the 
                scope of the motor carrier's registration;
                  (V) provides that the State will conduct 
                comprehensive and highly visible traffic 
                enforcement and commercial motor vehicle safety 
                inspection programs in high-risk locations and 
                corridors;
                  (W) except in the case of an imminent hazard 
                or obvious safety hazard, ensures that an 
                inspection of a vehicle transporting passengers 
                for a motor carrier of passengers is conducted 
                at a bus station, terminal, border crossing, 
                maintenance facility, destination, or other 
                location where a motor carrier may make a 
                planned stop (excluding a weigh station);
                  (X) ensures that the State will transmit to 
                its roadside inspectors notice of each Federal 
                exemption granted under section 31315(b) of 
                this title and sections 390.23 and 390.25 of 
                title 49, Code of Federal Regulations, and 
                provided to the State by the Secretary, 
                including the name of the person that received 
                the exemption and any terms and conditions that 
                apply to the exemption;
                  (Y) except as provided in subsection (d), 
                provides that the State--
                          (i) will conduct safety audits of 
                        interstate and, at the State's 
                        discretion, intrastate new entrant 
                        motor carriers under section 31144(g); 
                        and
                          (ii) if the State authorizes a third 
                        party to conduct safety audits under 
                        section 31144(g) on its behalf, the 
                        State verifies the quality of the work 
                        conducted and remains solely 
                        responsible for the management and 
                        oversight of the activities;
                  (Z) provides that the State agrees to fully 
                participate in the performance and registration 
                information systems management under section 
                31106(b) not later than October 1, 2020, by 
                complying with the conditions for participation 
                under paragraph (3) of that section, or 
                demonstrates to the Secretary an alternative 
                approach for identifying and immobilizing a 
                motor carrier with serious safety deficiencies 
                in a manner that provides an equivalent level 
                of safety;
                  (AA) in the case of a State that shares a 
                land border with another country, provides that 
                the State--
                          (i) will conduct a border commercial 
                        motor vehicle safety program focusing 
                        on international commerce that includes 
                        enforcement and related projects; or
                          (ii) will forfeit all funds 
                        calculated by the Secretary based on 
                        border-related activities if the State 
                        declines to conduct the program 
                        described in clause (i) in its plan; 
                        and
                  (BB) in the case of a State that meets the 
                other requirements of this section and agrees 
                to comply with the requirements established in 
                subsection (l)(3), provides that the State may 
                fund operation and maintenance costs associated 
                with innovative technology deployment under 
                subsection (l)(3) with motor carrier safety 
                assistance program funds authorized under 
                section 31104(a)(1).
          (3) Publication.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary shall publish each approved State 
                multiple-year plan, and each annual update 
                thereto, on a publically accessible Internet 
                Web site of the Department of Transportation 
                not later than 30 days after the date the 
                Secretary approves the plan or update.
                  (B) Limitation.--Before publishing an 
                approved State multiple-year plan or annual 
                update under subparagraph (A), the Secretary 
                shall redact any information identified by the 
                State that, if disclosed--
                          (i) would reasonably be expected to 
                        interfere with enforcement proceedings; 
                        or
                          (ii) would reveal enforcement 
                        techniques or procedures that would 
                        reasonably be expected to risk 
                        circumvention of the law.
  (d) Exclusion of U.S. Territories.--The requirement that a 
State conduct safety audits of new entrant motor carriers under 
subsection (c)(2)(Y) does not apply to a territory of the 
United States unless required by the Secretary.
  (e) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for 
ensuring compatibility of intrastate commercial motor vehicle 
safety laws, including regulations, with Federal motor carrier 
safety regulations to be enforced under subsections (b) and 
(c). To the extent practicable, the guidelines and standards 
shall allow for maximum flexibility while ensuring a degree of 
uniformity that will not diminish motor vehicle safety.
  (f) Maintenance of Effort.--
          (1) Baseline.--Except as provided under paragraphs 
        (2) and (3) and in accordance with section 5107 of the 
        FAST Act, a State plan under subsection (c) shall 
        provide that the total expenditure of amounts of the 
        lead State commercial motor vehicle safety agency 
        responsible for administering the plan will be 
        maintained at a level each fiscal year that is at least 
        equal to--
                  (A) the average level of that expenditure for 
                fiscal years 2004 and 2005; or
                  (B) the level of that expenditure for the 
                year in which the Secretary implements a new 
                allocation formula under section 5106 of the 
                FAST Act.
          (2) Adjusted baseline after fiscal year 2017.--At the 
        request of a State, the Secretary may evaluate 
        additional documentation related to the maintenance of 
        effort and may make reasonable adjustments to the 
        maintenance of effort baseline after the year in which 
        the Secretary implements a new allocation formula under 
        section 5106 of the FAST Act, and this adjusted 
        baseline will replace the maintenance of effort 
        requirement under paragraph (1).
          (3) Waivers.--At the request of a State, the 
        Secretary may waive or modify the requirements of this 
        subsection for a total of 1 fiscal year if the 
        Secretary determines that the waiver or modification is 
        reasonable, based on circumstances described by the 
        State, to ensure the continuation of commercial motor 
        vehicle enforcement activities in the State.
          (4) Level of state expenditures.--In estimating the 
        average level of a State's expenditures under paragraph 
        (1), the Secretary--
                  (A) may allow the State to exclude State 
                expenditures for federally sponsored 
                demonstration and pilot programs and strike 
                forces;
                  (B) may allow the State to exclude 
                expenditures for activities related to border 
                enforcement and new entrant safety audits; and
                  (C) shall require the State to exclude State 
                matching amounts used to receive Federal 
                financing under section 31104.
  (g) Use of Unified Carrier Registration Fees Agreement.--
Amounts generated under section 14504a and received by a State 
and used for motor carrier safety purposes may be included as 
part of the State's match required under section 31104 or 
maintenance of effort required by subsection (f).
  (h) Use of Grants To Enforce Other Laws.--When approved as 
part of a State's plan under subsection (c), the State may use 
motor carrier safety assistance program funds received under 
this section--
          (1) if the activities are carried out in conjunction 
        with an appropriate inspection of a commercial motor 
        vehicle to enforce Federal or State commercial motor 
        vehicle safety regulations, for--
                  (A) enforcement of commercial motor vehicle 
                size and weight limitations at locations, 
                excluding fixed-weight facilities, such as near 
                steep grades or mountainous terrains, where the 
                weight of a commercial motor vehicle can 
                significantly affect the safe operation of the 
                vehicle, or at ports where intermodal shipping 
                containers enter and leave the United States; 
                and
                  (B) detection of and enforcement actions 
                taken as a result of criminal activity, 
                including the trafficking of human beings, in a 
                commercial motor vehicle or by any occupant, 
                including the operator, of the commercial motor 
                vehicle; and
          (2) for documented enforcement of State traffic laws 
        and regulations designed to promote the safe operation 
        of commercial motor vehicles, including documented 
        enforcement of such laws and regulations relating to 
        noncommercial motor vehicles when necessary to promote 
        the safe operation of commercial motor vehicles, if--
                  (A) the number of motor carrier safety 
                activities, including roadside safety 
                inspections, conducted in the State is 
                maintained at a level at least equal to the 
                average level of such activities conducted in 
                the State in fiscal years 2004 and 2005; and
                  (B) the State does not use more than 10 
                percent of the basic amount the State receives 
                under a grant awarded under section 31104(a)(1) 
                for enforcement activities relating to 
                noncommercial motor vehicles necessary to 
                promote the safe operation of commercial motor 
                vehicles unless the Secretary determines that a 
                higher percentage will result in significant 
                increases in commercial motor vehicle safety.
  (i) Evaluation of Plans and Award of Grants.--
          (1) Awards.--The Secretary shall establish criteria 
        for the application, evaluation, and approval of State 
        plans under this section. Subject to subsection (j), 
        the Secretary may allocate the amounts made available 
        under section 31104(a)(1) among the States.
          (2) Opportunity to cure.--If the Secretary 
        disapproves a plan under this section, the Secretary 
        shall give the State a written explanation of the 
        reasons for disapproval and allow the State to modify 
        and resubmit the plan for approval.
  (j) Allocation of Funds.--
          (1) In general.--The Secretary, by regulation, shall 
        prescribe allocation criteria for funds made available 
        under section 31104(a)(1).
          (2) Annual allocations.--On October 1 of each fiscal 
        year, or as soon as practicable thereafter, and after 
        making a deduction under section 31104(c), the 
        Secretary shall allocate amounts made available under 
        section 31104(a)(1) to carry out this section for the 
        fiscal year among the States with plans approved under 
        this section in accordance with the criteria prescribed 
        under paragraph (1).
          (3) Elective adjustments.--Subject to the 
        availability of funding and notwithstanding 
        fluctuations in the data elements used by the Secretary 
        to calculate the annual allocation amounts, after the 
        creation of a new allocation formula under section 5106 
        of the FAST Act, the Secretary may not make elective 
        adjustments to the allocation formula that decrease a 
        State's Federal funding levels by more than 3 percent 
        in a fiscal year. The 3 percent limit shall not apply 
        to the withholding provisions of subsection (k).
  (k) Plan Monitoring.--
          (1) In general.--On the basis of reports submitted by 
        the lead State agency responsible for administering a 
        State plan approved under this section and an 
        investigation by the Secretary, the Secretary shall 
        periodically evaluate State implementation of and 
        compliance with the State plan.
          (2) Withholding of funds.--
                  (A) Disapproval.--If, after notice and an 
                opportunity to be heard, the Secretary finds 
                that a State plan previously approved under 
                this section is not being followed or has 
                become inadequate to ensure enforcement of 
                State regulations, standards, or orders 
                described in subsection (c)(1), or the State is 
                otherwise not in compliance with the 
                requirements of this section, the Secretary may 
                withdraw approval of the State plan and notify 
                the State. Upon the receipt of such notice, the 
                State plan shall no longer be in effect and the 
                Secretary shall withhold all funding to the 
                State under this section.
                  (B) Noncompliance withholding.--In lieu of 
                withdrawing approval of a State plan under 
                subparagraph (A), the Secretary may, after 
                providing notice to the State and an 
                opportunity to be heard, withhold funding from 
                the State to which the State would otherwise be 
                entitled under this section for the period of 
                the State's noncompliance. In exercising this 
                option, the Secretary may withhold--
                          (i) up to 5 percent of funds during 
                        the fiscal year that the Secretary 
                        notifies the State of its 
                        noncompliance;
                          (ii) up to 10 percent of funds for 
                        the first full fiscal year of 
                        noncompliance;
                          (iii) up to 25 percent of funds for 
                        the second full fiscal year of 
                        noncompliance; and
                          (iv) not more than 50 percent of 
                        funds for the third and any subsequent 
                        full fiscal year of noncompliance.
          (3) Judicial review.--A State adversely affected by a 
        determination under paragraph (2) may seek judicial 
        review under chapter 7 of title 5. Notwithstanding the 
        disapproval of a State plan under paragraph (2)(A) or 
        the withholding of funds under paragraph (2)(B), the 
        State may retain jurisdiction in an administrative or a 
        judicial proceeding that commenced before the notice of 
        disapproval or withholding if the issues involved are 
        not related directly to the reasons for the disapproval 
        or withholding.
  (l) High Priority Program.--
          (1) In general.--The Secretary shall administer a 
        high priority program funded under section 31104(a)(2) 
        for the purposes described in paragraphs (2) [and (3)], 
        (3), and (4).
          (2) Activities related to motor carrier safety.--The 
        Secretary may make discretionary grants to and enter 
        into cooperative agreements with States, local 
        governments, federally recognized Indian tribes, other 
        political jurisdictions as necessary, and any person to 
        carry out high priority activities and projects that 
        augment motor carrier safety activities and projects 
        planned in accordance with subsections (b) and (c), 
        including activities and projects that--
                  (A) increase public awareness and education 
                on commercial motor vehicle safety;
                  (B) target unsafe driving of commercial motor 
                vehicles and noncommercial motor vehicles in 
                areas identified as high risk crash corridors;
                  (C) improve the safe and secure movement of 
                hazardous materials;
                  (D) improve safe transportation of goods and 
                persons in foreign commerce;
                  (E) demonstrate new technologies to improve 
                commercial motor vehicle safety;
                  (F) support participation in performance and 
                registration information systems management 
                under section 31106(b)--
                          (i) for entities not responsible for 
                        submitting the plan under subsection 
                        (c); or
                          (ii) for entities responsible for 
                        submitting the plan under subsection 
                        (c)--
                                  (I) before October 1, 2020, 
                                to achieve compliance with the 
                                requirements of participation; 
                                and
                                  (II) beginning on October 1, 
                                2020, or once compliance is 
                                achieved, whichever is sooner, 
                                for special initiatives or 
                                projects that exceed routine 
                                operations required for 
                                participation, specifically 
                                including the priority 
                                activities described in 
                                paragraph (4);
                  (G) conduct safety data improvement 
                projects--
                          (i) that complete or exceed the 
                        requirements under subsection (c)(2)(P) 
                        for entities not responsible for 
                        submitting the plan under subsection 
                        (c); or
                          (ii) that exceed the requirements 
                        under subsection (c)(2)(P) for entities 
                        responsible for submitting the plan 
                        under subsection (c); and
                  (H) otherwise improve commercial motor 
                vehicle safety and compliance with commercial 
                motor vehicle safety regulations.
          (3) Innovative technology deployment grant program.--
                  (A) In general.--The Secretary shall 
                establish an innovative technology deployment 
                grant program to make discretionary grants to 
                eligible States for the innovative technology 
                deployment of commercial motor vehicle 
                information systems and networks.
                  (B) Purposes.--The purposes of the program 
                shall be--
                          (i) to advance the technological 
                        capability and promote the deployment 
                        of intelligent transportation system 
                        applications for commercial motor 
                        vehicle operations, including 
                        commercial motor vehicle, commercial 
                        driver, and carrier-specific 
                        information systems and networks; and
                          (ii) to support and maintain 
                        commercial motor vehicle information 
                        systems and networks--
                                  (I) to link Federal motor 
                                carrier safety information 
                                systems with State commercial 
                                motor vehicle systems;
                                  (II) to improve the safety 
                                and productivity of commercial 
                                motor vehicles and drivers; and
                                  (III) to reduce costs 
                                associated with commercial 
                                motor vehicle operations and 
                                Federal and State commercial 
                                motor vehicle regulatory 
                                requirements.
                  (C) Eligibility.--To be eligible for a grant 
                under this paragraph, a State shall--
                          (i) have a commercial motor vehicle 
                        information systems and networks 
                        program plan approved by the Secretary 
                        that describes the various systems and 
                        networks at the State level that need 
                        to be refined, revised, upgraded, or 
                        built to accomplish deployment of 
                        commercial motor vehicle information 
                        systems and networks capabilities;
                          (ii) certify to the Secretary that 
                        its commercial motor vehicle 
                        information systems and networks 
                        deployment activities, including 
                        hardware procurement, software and 
                        system development, and infrastructure 
                        modifications--
                                  (I) are consistent with the 
                                national intelligent 
                                transportation systems and 
                                commercial motor vehicle 
                                information systems and 
                                networks architectures and 
                                available standards; and
                                  (II) promote interoperability 
                                and efficiency to the extent 
                                practicable; and
                          (iii) agree to execute 
                        interoperability tests developed by the 
                        Federal Motor Carrier Safety 
                        Administration to verify that its 
                        systems conform with the national 
                        intelligent transportation systems 
                        architecture, applicable standards, and 
                        protocols for commercial motor vehicle 
                        information systems and networks.
                  (D) Use of funds.--Grant funds received under 
                this paragraph may be used--
                          (i) for deployment activities and 
                        activities to develop new and 
                        innovative advanced technology 
                        solutions that support commercial motor 
                        vehicle information systems and 
                        networks;
                          (ii) for planning activities, 
                        including the development or updating 
                        of program or top level design plans in 
                        order to become eligible or maintain 
                        eligibility under subparagraph (C); and
                          (iii) for the operation and 
                        maintenance costs associated with 
                        innovative technology.
                  (E) Secretary authorization.--The Secretary 
                is authorized to award a State funding for the 
                operation and maintenance costs associated with 
                innovative technology deployment with funds 
                made available under sections 31104(a)(1) and 
                31104(a)(2).
          (4) Prioritization of immobilizing unsafe passenger-
        carrying commercial motor vehicles.--
                  (A) In general.--The Secretary shall 
                prioritize the awarding of discretionary grants 
                to States for activities related to paragraph 
                (2)(F)(II) for the enforcement of out of 
                service orders if such vehicles are found to be 
                unsafe or have violated a Federal out of 
                service order.
                  (B) Eligibility.--To be eligible for a grant 
                described under this paragraph, a State shall 
                have the authority to require the 
                immobilization or impoundment of a passenger-
                carrying commercial motor vehicle if such 
                vehicle is found to be unsafe or fail 
                inspection or to have violated a Federal out of 
                service order.
                  (C) Use of funds.--Grant funds received under 
                this paragraph may be used for--
                          (i) the immobilization or impoundment 
                        of commercial motor vehicles that are 
                        unsafe, fail inspection, or have 
                        violated a Federal out of service 
                        order;
                          (ii) safety inspections of vehicles 
                        described in clause (i);
                          (iii) other activities related to the 
                        activities described in clauses (i) and 
                        (ii), as determined by the Secretary.
                  (D) Passenger-carrying commercial motor 
                vehicle defined.--In this paragraph, the term 
                ``passenger-carrying commercial motor vehicle'' 
                has the meaning given such term in section 
                31301.

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Sec. 31104. Authorization of appropriations

  [(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) $292,600,000 for fiscal year 2017;
                  [(B) $298,900,000 for fiscal year 2018;
                  [(C) $304,300,000 for fiscal year 2019; and
                  [(D) $308,700,000 for fiscal year 2020.
          [(2) High priority activities program.--Subject to 
        subsection (c), to carry out section 31102(l)--
                  [(A) $42,200,000 for fiscal year 2017;
                  [(B) $43,100,000 for fiscal year 2018;
                  [(C) $44,000,000 for fiscal year 2019; and
                  [(D) $44,900,000 for fiscal year 2020.
          [(3) Commercial motor vehicle operators grant 
        program.--To carry out section 31103--
                  [(A) $1,000,000 for fiscal year 2017;
                  [(B) $1,000,000 for fiscal year 2018;
                  [(C) $1,000,000 for fiscal year 2019; and
                  [(D) $1,000,000 for fiscal year 2020.
          [(4) Commercial driver's license program 
        implementation program.--Subject to subsection (c), to 
        carry out section 31313--
                  [(A) $31,200,000 for fiscal year 2017;
                  [(B) $31,800,000 for fiscal year 2018;
                  [(C) $32,500,000 for fiscal year 2019; and
                  [(D) $33,200,000 for fiscal year 2020.]
  (a) Financial Assistance Programs.--The following sums are 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account):
          (1) Motor carrier safety assistance program.--Subject 
        to paragraph (2) and subsection (c), to carry out 
        section 31102 (except subsection (l))--
                  (A) $388,950,000 for fiscal year 2023;
                  (B) $398,700,000 for fiscal year 2024;
                  (C) $408,900,000 for fiscal year 2025; and
                  (D) $418,425,000 for fiscal year 2026.
          (2) High-priority activities program.--Subject to 
        subsection (c), to carry out section 31102(l)--
                  (A) $72,604,000 for fiscal year 2023;
                  (B) $74,424,000 for fiscal year 2024;
                  (C) $76,328,000 for fiscal year 2025; and
                  (D) $78,106,000 for fiscal year 2026.
          (3) Commercial motor vehicle operators grant 
        program.--To carry out section 31103--
                  (A) $1,037,200 for fiscal year 2023;
                  (B) $1,063,200 for fiscal year 2024;
                  (C) $1,090,400 for fiscal year 2025; and
                  (D) $1,115,800 for fiscal year 2026.
          (4) Commercial driver's license program 
        implementation program.--Subject to subsection (c), to 
        carry out section 31313--
                  (A) $56,008,800 for fiscal year 2023;
                  (B) $57,412,800 for fiscal year 2024;
                  (C) $58,881,600 for fiscal year 2025; and
                  (D) $60,253,200 for fiscal year 2026.
  (b) Reimbursement and Payment to Recipients for Government 
Share of Costs.--
          (1) In general.--Amounts made available under 
        subsection (a) shall be used to reimburse financial 
        assistance recipients proportionally for the Federal 
        Government's share of the costs incurred.
          (2) Reimbursement amounts.--The Secretary shall 
        reimburse a recipient, in accordance with a financial 
        assistance agreement made under section 31102, 31103, 
        or 31313, an amount that is at least 85 percent of the 
        costs incurred by the recipient in a fiscal year in 
        developing and implementing programs under such 
        sections. The Secretary shall pay the recipient an 
        amount not more than the Federal Government share of 
        the total costs approved by the Federal Government in 
        the financial assistance agreement. The Secretary shall 
        include a recipient's in-kind contributions in 
        determining the reimbursement.
          (3) Vouchers.--Each recipient shall submit vouchers 
        at least quarterly for costs the recipient incurs in 
        developing and implementing programs under sections 
        31102, 31103, and 31313.
  [(c) Deductions for Partner Training and Program Support.--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. The Secretary shall use at least 75 percent of those 
deducted amounts to train non-Federal Government employees and 
to develop related training materials in carrying out such 
programs.]
  (c) Partner Training and Program Support.--
          (1) In general.--On October 1 of each fiscal year, or 
        as soon after that date as practicable, the Secretary 
        may deduct from amounts made available under paragraphs 
        (1), (2), and (4) of subsection (a) for that fiscal 
        year not more than 1.8 percent of those amounts for 
        partner training and program support in that fiscal 
        year.
          (2) Use of funds.--The Secretary shall use at least 
        50 percent of the amounts deducted under paragraph (1) 
        on training and related training materials for non-
        Federal Government employees.
          (3) Partnership.--The Secretary shall carry out the 
        training and development of materials pursuant to 
        paragraph (2) in partnership with one or more nonprofit 
        organizations, through a competitive grant, that have--
                  (A) expertise in conducting a training 
                program for non-Federal Government employees; 
                and
                  (B) a demonstrated ability to involve in a 
                training program the target population of 
                commercial motor vehicle safety enforcement 
                employees.
  (d) Grants and Cooperative Agreements as Contractual 
Obligations.--The approval of a financial assistance agreement 
by the Secretary under section 31102, 31103, or 31313 is a 
contractual obligation of the Federal Government for payment of 
the Federal Government's share of costs in carrying out the 
provisions of the grant or cooperative agreement.
  (e) Eligible Activities.--The Secretary shall establish 
criteria for eligible activities to be funded with financial 
assistance agreements under this section and publish those 
criteria in a notice of funding availability before the 
financial assistance program application period.
  (f) Period of Availability of Financial Assistance Agreement 
Funds for Recipient Expenditures.--The period of availability 
for a recipient to expend funds under a grant or cooperative 
agreement authorized under subsection (a) is as follows:
          (1) For grants made for carrying out section 31102, 
        other than section 31102(l), for the fiscal year in 
        which the Secretary approves the financial assistance 
        agreement and for [the next fiscal year] the following 
        2 fiscal years.
          (2) For grants made or cooperative agreements entered 
        into for carrying out [section 31102(l)(2)] paragraphs 
        (2) and (4) of section 31102(l), for the fiscal year in 
        which the Secretary approves the financial assistance 
        agreement and for [the next 2 fiscal years] the 
        following 3 fiscal years.
          (3) For grants made for carrying out section 
        31102(l)(3), for the fiscal year in which the Secretary 
        approves the financial assistance agreement and for 
        [the next 4 fiscal years] the following 5 fiscal years.
          (4) For grants made for carrying out section 31103, 
        for the fiscal year in which the Secretary approves the 
        financial assistance agreement and for the next fiscal 
        year.
          (5) For grants made or cooperative agreements entered 
        into for carrying out section 31313, for the fiscal 
        year in which the Secretary approves the financial 
        assistance agreement and for the next 4 fiscal years.
  (g) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund (other than the 
Mass Transit Account) by this section shall be available for 
obligation on the date of their apportionment or allocation or 
on October 1 of the fiscal year for which they are authorized, 
whichever occurs first.
  (h) Availability of Funding.--Amounts made available under 
this section shall remain available until expended.
  (i) Reallocation.--Amounts not expended by a recipient during 
the period of availability shall be released back to the 
Secretary for reallocation for any purpose under section 31102, 
31103, or 31313 or this section to ensure, to the maximum 
extent possible, that all such amounts are obligated.
  (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.

           *       *       *       *       *       *       *


Sec. 31110. Authorization of appropriations

  [(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) $267,400,000 for fiscal year 2016;
          [(2) $277,200,000 for fiscal year 2017;
          [(3) $283,000,000 for fiscal year 2018;
          [(4) $284,000,000 for fiscal year 2019; and
          [(5) $288,000,000 for fiscal year 2020.]
  (a) Administrative Expenses.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass 
Transit Account) for the Secretary of Transportation to pay 
administrative expenses of the Federal Motor Carrier Safety 
Administration--
          (1) $380,500,000 for fiscal year 2023;
          (2) $381,500,000 for fiscal year 2024;
          (3) $382,500,000 for fiscal year 2025; and
          (4) $384,500,000 for fiscal year 2026.
  (b) Use of Funds.--The funds authorized by this section shall 
be used for--
          (1) personnel costs;
          (2) administrative infrastructure;
          (3) rent;
          (4) information technology;
          (5) programs for research and technology, information 
        management, regulatory development, and the 
        administration of performance and registration 
        information systems management under section 31106(b);
          (6) programs for outreach and education under 
        subsection (c);
          (7) other operating expenses;
          (8) conducting safety reviews of new operators; and
          (9) such other expenses as may from time to time 
        become necessary to implement statutory mandates of the 
        Federal Motor Carrier Safety Administration not funded 
        from other sources.
  (c) Outreach and Education Program.--
          (1) In general.--The Secretary may conduct, through 
        any combination of grants, contracts, cooperative 
        agreements, and other activities, an internal and 
        external outreach and education program to be 
        administered by the Administrator of the Federal Motor 
        Carrier Safety Administration. The program authorized 
        under this subsection may support, in addition to funds 
        otherwise available for such purposes, the recognition, 
        prevention, and reporting of human trafficking, while 
        deferring to existing resources, as practicable.
          (2) Federal share.--The Federal share of an outreach 
        and education project for which a grant, contract, or 
        cooperative agreement is made under this subsection may 
        be up to 100 percent of the cost of the project.
          (3) Funding.--From amounts made available under 
        subsection (a), the Secretary shall make available not 
        more than $4,000,000 each fiscal year to carry out this 
        subsection.
  (d) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund (other than the 
Mass Transit Account) by this section shall be available for 
obligation on the date of their apportionment or allocation or 
on October 1 of the fiscal year for which they are authorized, 
whichever occurs first.
  (e) Funding Availability.--Amounts made available under this 
section shall remain available until expended.
  (f) Contractual Obligation.--The approval of funds by the 
Secretary under this section is a contractual obligation of the 
Federal Government for payment of the Federal Government's 
share of costs.

           *       *       *       *       *       *       *


SUBCHAPTER III--SAFETY REGULATION

           *       *       *       *       *       *       *


Sec. 31137. Electronic logging devices and brake maintenance 
                    regulations

  (a) Use of Electronic Logging Devices.--Not later than 1 year 
after the date of enactment of the Commercial Motor Vehicle 
Safety Enhancement Act of 2012, the Secretary of Transportation 
shall prescribe regulations--
          (1) requiring a commercial motor vehicle involved in 
        interstate commerce and operated by a driver subject to 
        the hours of service and the record of duty status 
        requirements under part 395 of title 49, Code of 
        Federal Regulations, be equipped with an electronic 
        logging device to improve compliance by an operator of 
        a vehicle with hours of service regulations prescribed 
        by the Secretary; and
          (2) ensuring that an electronic logging device is not 
        used to harass a vehicle operator.
  (b) Electronic Logging Device Requirements.--
          (1) In general.--The regulations prescribed under 
        subsection (a) shall--
                  (A) require an electronic logging device--
                          (i) to accurately record commercial 
                        driver hours of service;
                          (ii) to record the location of a 
                        commercial motor vehicle;
                          (iii) to be tamper resistant; and
                          (iv) to be synchronized to the 
                        operation of the vehicle engine or be 
                        capable of recognizing when the vehicle 
                        is being operated;
                  (B) allow law enforcement to access the data 
                contained in the device during a roadside 
                inspection; and
                  (C) except as provided in paragraph (3), 
                apply to a commercial motor vehicle beginning 
                on the date that is 2 years after the date that 
                the regulations are published as a final rule.
          (2) Performance and design standards.--The 
        regulations prescribed under subsection (a) shall 
        establish performance standards--
                  (A) defining a standardized user interface to 
                aid vehicle operator compliance and law 
                enforcement review;
                  (B) establishing a secure process for 
                standardized--
                          (i) and unique vehicle operator 
                        identification;
                          (ii) data access;
                          (iii) data transfer for vehicle 
                        operators between motor vehicles;
                          (iv) data storage for a motor 
                        carrier; and
                          (v) data transfer and 
                        transportability for law enforcement 
                        officials;
                  (C) establishing a standard security level 
                for an electronic logging device and related 
                components to be tamper resistant by using a 
                methodology endorsed by a nationally recognized 
                standards organization; and
                  (D) identifying each driver subject to the 
                hours of service and record of duty status 
                requirements under part 395 of title 49, Code 
                of Federal Regulations.
          (3) Exception.--A motor carrier, when transporting a 
        motor home or recreation vehicle trailer within the 
        definition of the term ``driveaway-towaway operation'' 
        (as defined in section 390.5 of title 49, Code of 
        Federal Regulations), may comply with the hours of 
        service requirements by requiring each driver to use--
                  (A) a paper record of duty status form; or
                  (B) an electronic logging device.
  (c) Certification Criteria.--
          (1) In general.--The regulations prescribed by the 
        Secretary under this section shall establish the 
        criteria and a process for the certification of 
        electronic logging devices to ensure that the device 
        meets the performance requirements under this section.
          (2) Effect of noncertification.--Electronic logging 
        devices that are not certified in accordance with the 
        certification process referred to in paragraph (1) 
        shall not be acceptable evidence of hours of service 
        and record of duty status requirements under part 395 
        of title 49, Code of Federal Regulations.
  (d) Additional Considerations.--The Secretary, in prescribing 
the regulations described in subsection (a), shall consider how 
such regulations may--
          (1) reduce or eliminate requirements for drivers and 
        motor carriers to retain supporting documentation 
        associated with paper-based records of duty status if--
                  (A) data contained in an electronic logging 
                device supplants such documentation; and
                  (B) using such data without paper-based 
                records does not diminish the Secretary's 
                ability to audit and review compliance with the 
                Secretary's hours of service regulations; and
          (2) include such measures as the Secretary determines 
        are necessary to protect the privacy of each individual 
        whose personal data is contained in an electronic 
        logging device.
  (e) Use of Data.--
          (1) In general.--The Secretary may utilize 
        information contained in an electronic logging device 
        [only] to enforce the Secretary's motor carrier safety 
        and related regulations[, including record-of-duty 
        status regulations] and to conduct transportation 
        research utilizing such data.
          (2) Measures to preserve confidentiality of personal 
        data.--The Secretary shall institute appropriate 
        measures to preserve the confidentiality of any 
        personal data contained in an electronic logging device 
        and disclosed in the course of an action taken by the 
        Secretary or by law enforcement officials [to enforce 
        the regulations referred to in] for purposes authorized 
        under paragraph (1).
          [(3) Enforcement.--The Secretary shall institute 
        appropriate measures to ensure any information 
        collected by electronic logging devices is used by 
        enforcement personnel only for the purpose of 
        determining compliance with hours of service 
        requirements.]
          (3) Research data.--The Secretary shall institute 
        appropriate measures to protect the privacy of 
        individuals, operators, and motor carriers when data 
        obtained from an electronic logging device is used for 
        research pursuant to this section and such research is 
        made available to the public.
  (f) Definitions.--In this section:
          (1) Electronic logging device.--The term ``electronic 
        logging device'' means an electronic device that--
                  (A) is capable of recording a driver's hours 
                of service and duty status accurately and 
                automatically; and
                  (B) meets the requirements established by the 
                Secretary through regulation.
          (2) Tamper resistant.--The term ``tamper resistant'' 
        means resistant to allowing any individual to cause an 
        electronic device to record the incorrect date, time, 
        and location for changes to on-duty driving status of a 
        commercial motor vehicle operator under part 395 of 
        title 49, Code of Federal Regulations, or to 
        subsequently alter the record created by that device.
  (g) Brakes and Brake Systems Maintenance Regulations.--The 
Secretary shall maintain regulations on improved standards or 
methods to ensure that brakes and brake systems of commercial 
motor vehicles are maintained properly and inspected by 
appropriate employees. At a minimum, the regulations shall 
establish minimum training requirements and qualifications for 
employees responsible for maintaining and inspecting the brakes 
and brake systems.

           *       *       *       *       *       *       *


Sec. 31139. Minimum financial responsibility for transporting property

  (a) Definitions.--In this section--
          (1) ``farm vehicle'' means a vehicle--
                  (A) designed or adapted and used only for 
                agriculture;
                  (B) operated by a motor private carrier (as 
                defined in section 10102 of this title); and
                  (C) operated only incidentally on highways.
          (2) ``interstate commerce'' includes transportation 
        between a place in a State and a place outside the 
        United States, to the extent the transportation is in 
        the United States.
          (3) ``State'' means a State of the United States, the 
        District of Columbia, Puerto Rico, the Virgin Islands, 
        American Samoa, Guam, and the Northern Mariana Islands.
  (b) General Requirement and Minimum Amount.--(1) The 
Secretary of Transportation shall prescribe regulations to 
require minimum levels of financial responsibility sufficient 
to satisfy liability amounts established by the Secretary 
covering public liability, property damage, and environmental 
restoration for the transportation of property by motor carrier 
or motor private carrier (as such terms are defined in section 
13102 of this title) in the United States between a place in a 
State and--
          (A) a place in another State;
          (B) another place in the same State through a place 
        outside of that State; or
          (C) a place outside the United States.
  (2) The level of financial responsibility established under 
paragraph (1) of this subsection shall be at least [$750,000] 
$2,000,000.
          (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.
  (c) Filing of Evidence of Financial Responsibility.--The 
Secretary may require a motor private carrier (as defined in 
section 13102) to file with the Secretary the evidence of 
financial responsibility specified in subsection (b) in an 
amount not less than the greater of the minimum amount required 
by this section or the amount required for such motor private 
carrier to transport property under the laws of the State or 
States in which the motor private carrier is operating; except 
that the amount of the financial responsibility must be 
sufficient to pay not more than the amount of the financial 
responsibility for each final judgment against the motor 
private carrier for bodily injury to, or death of, an 
individual resulting from negligent operation, maintenance, or 
use of the motor vehicle, or for loss or damage to property, or 
both.
  (d) Requirements for Hazardous Matter and Oil.--(1) The 
Secretary of Transportation shall prescribe regulations to 
require minimum levels of financial responsibility sufficient 
to satisfy liability amounts established by the Secretary 
covering public liability, property damage, and environmental 
restoration for the transportation by motor vehicle in 
interstate or intrastate commerce of--
          (A) hazardous material (as defined by the Secretary);
          (B) oil or hazardous substances (as defined by the 
        Administrator of the Environmental Protection Agency); 
        or
          (C) hazardous wastes (as defined by the 
        Administrator).
  (2)(A) Except as provided in subparagraph (B) of this 
paragraph, the level of financial responsibility established 
under paragraph (1) of this subsection shall be at least 
$5,000,000 for the transportation--
          (i) of hazardous substances (as defined by the 
        Administrator) in cargo tanks, portable tanks, or 
        hopper-type vehicles, with capacities of more than 
        3,500 water gallons;
          (ii) in bulk of class A explosives, poison gas, 
        liquefied gas, or compressed gas; or
          (iii) of large quantities of radioactive material.
  (B) The Secretary of Transportation by regulation may reduce 
the minimum level in subparagraph (A) of this paragraph (to an 
amount not less than $1,000,000) for transportation described 
in subparagraph (A) in any of the territories of Puerto Rico, 
the Virgin Islands, American Samoa, Guam, and the Northern 
Mariana Islands if--
          (i) the chief executive officer of the territory 
        requests the reduction;
          (ii) the reduction will prevent a serious disruption 
        in transportation service and will not adversely affect 
        public safety; and
          (iii) insurance of $5,000,000 is not readily 
        available.
  (3) The level of financial responsibility established under 
paragraph (1) of this subsection for the transportation of a 
material, oil, substance, or waste not subject to paragraph (2) 
of this subsection shall be at least $1,000,000. However, if 
the Secretary of Transportation finds it will not adversely 
affect public safety, the Secretary by regulation may reduce 
the amount for--
          (A) a class of vehicles transporting such a material, 
        oil, substance, or waste in intrastate commerce (except 
        in bulk); and
          (B) a farm vehicle transporting such a material or 
        substance in interstate commerce (except in bulk).
  (e) Foreign Motor Carriers and Private Carriers.--Regulations 
prescribed under this section may allow foreign motor carriers 
and foreign motor private carriers (as those terms are defined 
in section 10530 of this title) providing transportation of 
property under a certificate of registration issued under 
section 10530 to meet the minimum levels of financial 
responsibility under this section only when those carriers are 
providing transportation for property in the United States.
  (f) Evidence of Financial Responsibility.--(1) Subject to 
paragraph (2) of this subsection, financial responsibility may 
be established by evidence of one or a combination of the 
following if acceptable to the Secretary of Transportation:
          (A) insurance.
          (B) a guarantee.
          (C) a surety bond issued by a bonding company 
        authorized to do business in the United States.
          (D) qualification as a self-insurer.
  (2) A person domiciled in a country contiguous to the United 
States and providing transportation to which a minimum level of 
financial responsibility under this section applies shall have 
evidence of financial responsibility in the motor vehicle when 
the person is providing the transportation. If evidence of 
financial responsibility is not in the vehicle, the Secretary 
of Transportation and the Secretary of the Treasury shall deny 
entry of the vehicle into the United States.
  (3) A motor carrier may obtain the required amount of 
financial responsibility from more than one source provided the 
cumulative amount is equal to the minimum requirements of this 
section.
  (g) Civil Penalty.--(1) If, after notice and an opportunity 
for a hearing, the Secretary of Transportation finds that a 
person (except an employee acting without knowledge) has 
knowingly violated this section or a regulation prescribed 
under this section, the person is liable to the United States 
Government for a civil penalty of not more than $10,000 for 
each violation. A separate violation occurs for each day the 
violation continues.
  (2) The Secretary of Transportation shall impose the penalty 
by written notice. In determining the amount of the penalty, 
the Secretary shall consider--
          (A) the nature, circumstances, extent, and gravity of 
        the violation;
          (B) with respect to the violator, the degree of 
        culpability, any history of prior violations, the 
        ability to pay, and any effect on the ability to 
        continue doing business; and
          (C) other matters that justice requires.
  (3) The Secretary of Transportation may compromise the 
penalty before referring the matter to the Attorney General for 
collection.
  (4) The Attorney General shall bring a civil action in an 
appropriate district court of the United States to collect a 
penalty referred to the Attorney General for collection under 
this subsection.
  (5) The amount of the penalty may be deducted from amounts 
the Government owes the person. An amount collected under this 
section shall be deposited in the Highway Trust Fund (other 
than the Mass Transit Account).
  (h) Nonapplication.--This section does not apply to a motor 
vehicle having a gross vehicle weight rating of less than 
10,000 pounds if the vehicle is not used to transport in 
interstate or foreign commerce--
          (1) class A or B explosives;
          (2) poison gas; or
          (3) a large quantity of radioactive material.

           *       *       *       *       *       *       *


Sec. 31144. Safety fitness of owners and operators

  (a) In General.--The Secretary shall--
          (1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing 
        among other things the accident record of an owner or 
        operator operating in interstate commerce and the 
        accident record and safety inspection record of such 
        owner or operator--
                  (A) in operations that affect interstate 
                commerce within the United States; and
                  (B) in operations in Canada and Mexico if the 
                owner or operator also conducts operations 
                within the United States;
          (2) periodically update such safety fitness 
        determinations;
          (3) make such final safety fitness determinations 
        readily available to the public; and
          (4) prescribe by regulation penalties for violations 
        of this section consistent with section 521.
  (b) Procedure.--The Secretary shall maintain by regulation a 
procedure for determining the safety fitness of an owner or 
operator. The procedure shall include, at a minimum, the 
following elements:
          (1) Specific initial and continuing requirements with 
        which an owner or operator must comply to demonstrate 
        safety fitness.
          (2) A methodology the Secretary will use to determine 
        whether an owner or operator is fit.
          (3) Specific time frames within which the Secretary 
        will determine whether an owner or operator is fit.
  (c) Prohibited Transportation.--
          (1) In general.--Except as provided in section 
        521(b)(5)(A) and this subsection, an owner or operator 
        who the Secretary determines is not fit may not operate 
        commercial motor vehicles in interstate commerce 
        beginning on the 61st day after the date of such 
        fitness determination and until the Secretary 
        determines such owner or operator is fit.
          (2) Owners or operators transporting passengers.--
        With regard to owners or operators of commercial motor 
        vehicles designed or used to transport passengers, an 
        owner or operator who the Secretary determines is not 
        fit may not operate in interstate commerce beginning on 
        the 46th day after the date of such fitness 
        determination and until the Secretary determines such 
        owner or operator is fit.
          (3) Owners or operators transporting hazardous 
        material.--With regard to owners or operators of 
        commercial motor vehicles designed or used to transport 
        hazardous material for which placarding of a motor 
        vehicle is required under regulations prescribed under 
        chapter 51, an owner or operator who the Secretary 
        determines is not fit may not operate in interstate 
        commerce beginning on the 46th day after the date of 
        such fitness determination and until the Secretary 
        determines such owner or operator is fit. A violation 
        of this paragraph by an owner or operator transporting 
        hazardous material shall be considered a violation of 
        chapter 51, and shall be subject to the penalties in 
        sections 5123 and 5124.
          (4) Secretary's discretion.--Except for owners or 
        operators described in paragraphs (2) and (3), the 
        Secretary may allow an owner or operator who is not fit 
        to continue operating for an additional 60 days after 
        the 61st day after the date of the Secretary's fitness 
        determination, if the Secretary determines that such 
        owner or operator is making a good faith effort to 
        become fit.
          (5) Transportation affecting interstate commerce.--
        Owners or operators of commercial motor vehicles 
        prohibited from operating in interstate commerce 
        pursuant to paragraphs (1) through (3) of this section 
        may not operate any commercial motor vehicle that 
        affects interstate commerce until the Secretary 
        determines that such owner or operator is fit.
  (d) Determination of Unfitness by State.--If a State that 
receives motor carrier safety assistance program funds under 
section 31102 determines, by applying the standards prescribed 
by the Secretary under subsection (b), that an owner or 
operator of a commercial motor vehicle that has its principal 
place of business in that State and operates in intrastate 
commerce is unfit under such standards and prohibits the owner 
or operator from operating such vehicle in the State, the 
Secretary shall prohibit the owner or operator from operating 
such vehicle in interstate commerce until the State determines 
that the owner or operator is fit.
  (e) Review of Fitness Determinations.--
          (1) In general.--Not later than 45 days after an 
        unfit owner or operator requests a review, the 
        Secretary shall review such owner's or operator's 
        compliance with those requirements with which the owner 
        or operator failed to comply and resulted in the 
        Secretary determining that the owner or operator was 
        not fit.
          (2) Owners or operators transporting passengers.--Not 
        later than 30 days after an unfit owner or operator of 
        commercial motor vehicles designed or used to transport 
        passengers requests a review, the Secretary shall 
        review such owner's or operator's compliance with those 
        requirements with which the owner or operator failed to 
        comply and resulted in the Secretary determining that 
        the owner or operator was not fit.
          (3) Owners or operators transporting hazardous 
        material.--Not later than 30 days after an unfit owner 
        or operator of commercial motor vehicles designed or 
        used to transport hazardous material for which 
        placarding of a motor vehicle is required under 
        regulations prescribed under chapter 51, the Secretary 
        shall review such owner's or operator's compliance with 
        those requirements with which the owner or operator 
        failed to comply and resulted in the Secretary 
        determining that the owner or operator was not fit.
  (f) Prohibited Government Use.--A department, agency, or 
instrumentality of the United States Government may not use to 
provide any transportation service an owner or operator who the 
Secretary has determined is not fit until the Secretary 
determines such owner or operator is fit.
  (g) Safety Reviews of New Operators.--
          (1) Safety review.--
                  (A) In general.--Except as provided under 
                subparagraph (B), the Secretary shall require, 
                by regulation, each owner and each operator 
                granted new registration under section 13902 or 
                31134 to undergo a safety review not later than 
                12 months after the owner or operator, as the 
                case may be, begins operations under such 
                registration.
                  (B) Providers of motorcoach services.--The 
                Secretary shall require, by regulation, each 
                owner and each operator granted new 
                registration to transport passengers under 
                section 13902 or 31134 to undergo a safety 
                review not later than 120 days after the owner 
                or operator, as the case may be, begins 
                operations under such registration.
          (2) Elements.--In the regulations issued pursuant to 
        paragraph (1), the Secretary shall establish the 
        elements of the safety review, including basic safety 
        management controls. In establishing such elements, the 
        Secretary shall consider their effects on small 
        businesses and shall consider establishing alternate 
        locations where such reviews may be conducted for the 
        convenience of small businesses.
          (3) Phase-in of requirement.--The Secretary shall 
        phase in the requirements of paragraph (1) in a manner 
        that takes into account the availability of certified 
        motor carrier safety auditors.
          (4) New entrant authority.--Notwithstanding any other 
        provision of this title, any new operating authority 
        granted after the date on which section 31148(b) is 
        first implemented shall be designated as new entrant 
        authority until the safety review required by paragraph 
        (1) is completed.
          (6) Additional requirements for household goods motor 
        carriers.--
                  (A) In general.--In addition to the 
                requirements of this subsection, the Secretary 
                shall require, by regulation, each registered 
                household goods motor carrier to undergo a 
                consumer protection standards review not later 
                than 18 months after the household goods motor 
                carrier begins operations under such authority.
                  (B) Elements.--In the regulations issued 
                pursuant to subparagraph (A), the Secretary 
                shall establish the elements of the consumer 
                protections standards review, including basic 
                management controls. In establishing the 
                elements, the Secretary shall consider the 
                effects on small businesses and shall consider 
                establishing alternate locations where such 
                reviews may be conducted for the convenience of 
                small businesses.
  (h) Recognition of Canadian Motor Carrier Safety Fitness 
Determinations.--
          (1) If an authorized agency of the Canadian federal 
        government or a Canadian Territorial or Provincial 
        government determines, by applying the procedure and 
        standards prescribed by the Secretary under subsection 
        (b) or pursuant to an agreement under paragraph (2), 
        that a Canadian employer is unfit and prohibits the 
        employer from operating a commercial motor vehicle in 
        Canada or any Canadian Province, the Secretary may 
        prohibit the employer from operating such vehicle in 
        interstate and foreign commerce until the authorized 
        Canadian agency determines that the employer is fit.
          (2) The Secretary may consult and participate in 
        negotiations with authorized officials of the Canadian 
        federal government or a Canadian Territorial or 
        Provincial government, as necessary, to provide 
        reciprocal recognition of each country's motor carrier 
        safety fitness determinations. An agreement shall 
        provide, to the maximum extent practicable, that each 
        country will follow the procedure and standards 
        prescribed by the Secretary under subsection (b) in 
        making motor carrier safety fitness determinations.
  (i) Periodic Safety Reviews of Owners and Operators of 
Interstate For-hire Commercial Motor Vehicles Designed or Used 
to Transport Passengers.--
          (1) Safety review.--
                  (A) In general.--The Secretary shall--
                          (i) determine the safety fitness of 
                        each motor carrier of passengers [who 
                        the Secretary registers under section 
                        13902 or 31134] through a simple and 
                        understandable rating system that 
                        allows passengers to compare the safety 
                        performance of each such motor carrier; 
                        and
                          (ii) assign a safety fitness rating 
                        to each such motor carrier.
                  (B) Applicability.--Subparagraph (A) shall 
                apply to motor carriers of passengers and--
                          (i) to any provider of motorcoach 
                        services registered with the 
                        Administration after the date of 
                        enactment of the Motorcoach Enhanced 
                        Safety Act of 2012 beginning not later 
                        than 2 years after the date of such 
                        registration; and
                          (ii) to any provider of motorcoach 
                        services registered with the 
                        Administration on or before the date of 
                        enactment of that Act beginning not 
                        later than 3 years after the date of 
                        enactment of that Act.
          (2) Periodic review.--The Secretary shall establish, 
        by regulation, a process for monitoring the safety 
        performance of each motor carrier of passengers on a 
        regular basis following the assignment of a safety 
        fitness rating, including progressive intervention to 
        correct unsafe practices.
          (3) Enforcement strike forces.--In addition to the 
        enhanced monitoring and enforcement actions required 
        under paragraph (2), the Secretary may organize special 
        enforcement strike forces targeting motor carriers of 
        passengers.
          (4) Periodic update of safety fitness rating.--In 
        conducting the safety reviews required under this 
        subsection, the Secretary shall--
                  (A) reassess the safety fitness rating of 
                each motor carrier of passengers not less 
                frequently than once every 3 years; and
                  (B) annually assess the safety fitness of 
                certain motor carriers of passengers that serve 
                primarily urban areas with high passenger 
                loads.
          (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.

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CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS

           *       *       *       *       *       *       *


Sec. 31301. Definitions

  In this chapter--
          (1) ``alcohol'' has the same meaning given the term 
        ``alcoholic beverage'' in section 158(c) of title 23.
          (2) ``commerce'' means trade, traffic, and 
        transportation--
                  (A) in the jurisdiction of the United States 
                between a place in a State and a place outside 
                that State (including a place outside the 
                United States); or
                  (B) in the United States that affects trade, 
                traffic, and transportation described in 
                subclause (A) of this clause.
          (3) ``commercial driver's license'' means a license 
        issued by a State to an individual authorizing the 
        individual to operate a class of commercial motor 
        vehicles.
          (4) ``commercial motor vehicle'' means a motor 
        vehicle used in commerce to transport passengers or 
        property that--
                  (A) has a gross vehicle weight rating or 
                gross vehicle weight of at least 26,001 pounds, 
                whichever is greater, or a lesser gross vehicle 
                weight rating or gross vehicle weight the 
                Secretary of Transportation prescribes by 
                regulation, but not less than a gross vehicle 
                weight rating of 10,001 pounds;
                  (B) is designed to transport at least 16 
                passengers including the driver; [or]
                  (C) is designed or used as a stretch 
                limousine; or
                  [(C)] (D) is used to transport material found 
                by the Secretary to be hazardous under section 
                5103 of this title, except that a vehicle shall 
                not be included as a commercial motor vehicle 
                under this subclause if--
                          (i) the vehicle does not satisfy the 
                        weight requirements of subclause (A) of 
                        this clause;
                          (ii) the vehicle is transporting 
                        material listed as hazardous under 
                        section 306(a) of the Comprehensive 
                        Environmental Response, Compensation, 
                        and Liability Act of 1980 (42 U.S.C. 
                        9656(a)) and is not otherwise regulated 
                        by the Secretary or is transporting a 
                        consumer commodity or limited quantity 
                        of hazardous material as defined in 
                        section 171.8 of title 49, Code of 
                        Federal Regulations; and
                          (iii) the Secretary does not deny the 
                        application of this exception to the 
                        vehicle (individually or as part of a 
                        class of motor vehicles) in the 
                        interest of safety.
          (5) except in section 31306, ``controlled substance'' 
        has the same meaning given that term in section 102 of 
        the Comprehensive Drug Abuse Prevention and Control Act 
        of 1970 (21 U.S.C. 802).
          (6) ``driver's license'' means a license issued by a 
        State to an individual authorizing the individual to 
        operate a motor vehicle on highways.
          (7) ``employee'' means an operator of a commercial 
        motor vehicle (including an independent contractor when 
        operating a commercial motor vehicle) who is employed 
        by an employer.
          (8) ``employer'' means a person (including the United 
        States Government, a State, or a political subdivision 
        of a State) that owns or leases a commercial motor 
        vehicle or assigns employees to operate a commercial 
        motor vehicle.
          (9) ``felony'' means an offense under a law of the 
        United States or a State that is punishable by death or 
        imprisonment for more than one year.
          (10) ``foreign commercial driver'' means an 
        individual licensed to operate a commercial motor 
        vehicle by an authority outside the United States, or a 
        citizen of a foreign country who operates a commercial 
        motor vehicle in the United States.
          (11) ``hazardous material'' has the same meaning 
        given that term in section 5102 of this title.
          (12) ``motor vehicle'' means a vehicle, machine, 
        tractor, trailer, or semitrailer propelled or drawn by 
        mechanical power and used on public streets, roads, or 
        highways, but does not include a vehicle, machine, 
        tractor, trailer, or semitrailer operated only on a 
        rail line or custom harvesting farm machinery.
          (13) ``serious traffic violation'' means--
                  (A) excessive speeding, as defined by the 
                Secretary by regulation;
                  (B) reckless driving, as defined under State 
                or local law;
                  (C) a violation of a State or local law on 
                motor vehicle traffic control (except a parking 
                violation) and involving a fatality, other than 
                a violation to which section 31310(b)(1)(E) or 
                31310(c)(1)(E) applies;
                  (D) driving a commercial motor vehicle when 
                the individual has not obtained a commercial 
                driver's license;
                  (E) driving a commercial motor vehicle when 
                the individual does not have in his or her 
                possession a commercial driver's license unless 
                the individual provides, by the date that the 
                individual must appear in court or pay any fine 
                with respect to the citation, to the 
                enforcement authority that issued the citation 
                proof that the individual held a valid 
                commercial driver's license on the date of the 
                citation;
                  (F) driving a commercial motor vehicle when 
                the individual has not met the minimum testing 
                standards--
                          (i) under section 31305(a)(3) for the 
                        specific class of vehicle the 
                        individual is operating; or
                          (ii) under section 31305(a)(5) for 
                        the type of cargo the vehicle is 
                        carrying; and
                  (G) any other similar violation of a State or 
                local law on motor vehicle traffic control 
                (except a parking violation) that the Secretary 
                designates by regulation as serious.
          (14) ``State'' means a State of the United States 
        [and], the District of Columbia, and Puerto Rico.
          (15) ``stretch limousine'' means any sedan or sports 
        utility vehicle that--
                  (A) has been modified to add seating capacity 
                to that provided by the vehicle manufacturer 
                through an extended chassis, lengthened 
                wheelbase, or an elongated seating area;
                  (B) as modified, has a seating capacity of 
                more than 8 passengers (including the driver);
                  (C) is used under trip-by-trip contracts for 
                the transportation of passengers for 
                compensation on a prearranged basis; and
                  (D) is not used for public transportation 
                service, as such term is defined in section 
                5302;
          [(15)] (16) ``United States'' means the States of the 
        United States and the District of Columbia.

           *       *       *       *       *       *       *


Sec. 31306. Alcohol and controlled substances testing

  (a) Definition.--In this section and section 31306a, 
``controlled substance'' means any substance under section 102 
of the Comprehensive Drug Abuse Prevention and Control Act of 
1970 (21 U.S.C. 802) specified by the Secretary of 
Transportation.
  (b) Testing Program for Operators of Commercial Motor 
Vehicles.--(1)(A) In the interest of commercial motor vehicle 
safety, the Secretary of Transportation shall prescribe 
regulations that establish a program requiring motor carriers 
to conduct preemployment, reasonable suspicion, random, and 
post-accident testing of operators of commercial motor vehicles 
for the use of a controlled substance in violation of law or a 
United States Government regulation and to conduct reasonable 
suspicion, random, and post-accident testing of such operators 
for the use of alcohol in violation of law or a United States 
Government regulation.
  (B) The regulations prescribed under subparagraph (A) shall 
permit motor carriers--
          (i) to conduct preemployment testing of commercial 
        motor vehicle operators for the use of alcohol; and
          (ii) to use hair testing as an acceptable alternative 
        to urine testing--
                  (I) in conducting preemployment testing for 
                the use of a controlled substance; and
                  (II) in conducting random testing for the use 
                of a controlled substance if the operator was 
                subject to hair testing for preemployment 
                testing.
  (C) When the Secretary of Transportation considers it 
appropriate in the interest of safety, the Secretary may 
prescribe regulations for conducting periodic recurring testing 
of operators of commercial motor vehicles for the use of 
alcohol or a controlled substance in violation of law or a 
Government regulation.
  (2) In prescribing regulations under this subsection, the 
Secretary of Transportation--
          (A) shall require that post-accident testing of an 
        operator of a commercial motor vehicle be conducted 
        when loss of human life occurs in an accident involving 
        a commercial motor vehicle;
          (B) may require that post-accident testing of such an 
        operator be conducted when bodily injury or significant 
        property damage occurs in any other serious accident 
        involving a commercial motor vehicle; and
          (C) shall provide an exemption from hair testing for 
        commercial motor vehicle operators with established 
        religious beliefs that prohibit the cutting or removal 
        of hair.
  (c) Testing and Laboratory Requirements.--In carrying out 
subsection (b) of this section, the Secretary of Transportation 
shall develop requirements that shall--
          (1) promote, to the maximum extent practicable, 
        individual privacy in the collection of specimens;
          (2) for laboratories and testing procedures for 
        controlled substances, incorporate the Department of 
        Health and Human Services scientific and technical 
        guidelines dated April 11, 1988, and any amendments to 
        those guidelines[, for urine testing,] and technical 
        guidelines for hair testing, including mandatory 
        guidelines establishing--
                  (A) comprehensive standards for every aspect 
                of laboratory controlled substances testing and 
                laboratory procedures to be applied in carrying 
                out this section, including standards requiring 
                the use of the best available technology to 
                ensure the complete reliability and accuracy of 
                controlled substances tests and strict 
                procedures governing the chain of custody of 
                specimens collected for controlled substances 
                testing;
                  (B) the minimum list of controlled substances 
                for which individuals may be tested;
                  (C) appropriate standards and procedures for 
                periodic review of laboratories and criteria 
                for certification and revocation of 
                certification of laboratories to perform 
                controlled substances testing in carrying out 
                this section; and
                  (D) laboratory protocols and cut-off levels 
                for hair testing to detect the use of a 
                controlled substance;
          (3) require that a laboratory involved in testing 
        under this section have the capability and facility, at 
        the laboratory, of performing screening and 
        confirmation tests;
          (4) provide that any test indicating the use of 
        alcohol or a controlled substance in violation of law 
        or a Government regulation be confirmed by a 
        scientifically recognized method of testing capable of 
        providing quantitative information about alcohol or a 
        controlled substance;
          (5) provide that each specimen be subdivided, 
        secured, and labeled in the presence of the tested 
        individual and that a part of the specimen be retained 
        in a secure manner to prevent the possibility of 
        tampering, so that if the individual's confirmation 
        test results are positive the individual has an 
        opportunity to have the retained part tested by a 2d 
        confirmation test done independently at another 
        certified laboratory if the individual requests the 2d 
        confirmation test not later than 3 days after being 
        advised of the results of the first confirmation test;
          (6) ensure appropriate safeguards for testing to 
        detect and quantify alcohol in breath and body fluid 
        samples, including urine and blood, through the 
        development of regulations that may be necessary and in 
        consultation with the Secretary of Health and Human 
        Services;
          (7) provide for the confidentiality of test results 
        and medical information (except information about 
        alcohol or a controlled substance) of employees, except 
        that this clause does not prevent the use of test 
        results for the orderly imposition of appropriate 
        sanctions under this section; and
          (8) ensure that employees are selected for tests by 
        nondiscriminatory and impartial methods, so that no 
        employee is harassed by being treated differently from 
        other employees in similar circumstances.
  (d) Testing as Part of Medical Examination.--The Secretary of 
Transportation may provide that testing under subsection (a) of 
this section for operators subject to subpart E of part 391 of 
title 49, Code of Federal Regulations, be conducted as part of 
the medical examination required under that subpart.
  (e) Rehabilitation.--The Secretary of Transportation shall 
prescribe regulations establishing requirements for 
rehabilitation programs that provide for the identification and 
opportunity for treatment of operators of commercial motor 
vehicles who are found to have used alcohol or a controlled 
substance in violation of law or a Government regulation. The 
Secretary shall decide on the circumstances under which those 
operators shall be required to participate in a program. This 
section does not prevent a motor carrier from establishing a 
program under this section in cooperation with another motor 
carrier.
  (f) Sanctions.--The Secretary of Transportation shall decide 
on appropriate sanctions for a commercial motor vehicle 
operator who is found, based on tests conducted and confirmed 
under this section, to have used alcohol or a controlled 
substance in violation of law or a Government regulation but 
who is not under the influence of alcohol or a controlled 
substance as provided in this chapter.
  (g) Effect on State and Local Government Regulations.--A 
State or local government may not prescribe or continue in 
effect a law, regulation, standard, or order that is 
inconsistent with regulations prescribed under this section. 
However, a regulation prescribed under this section may not be 
construed to preempt a State criminal law that imposes 
sanctions for reckless conduct leading to loss of life, injury, 
or damage to property.
  (h) International Obligations and Foreign Laws.--In 
prescribing regulations under this section, the Secretary of 
Transportation--
          (1) shall establish only requirements that are 
        consistent with international obligations of the United 
        States; and
          (2) shall consider applicable laws and regulations of 
        foreign countries.
  (i) Other Regulations Allowed.--This section does not prevent 
the Secretary of Transportation from continuing in effect, 
amending, or further supplementing a regulation prescribed 
before October 28, 1991, governing the use of alcohol or a 
controlled substance by commercial motor vehicle employees.
  (j) Application of Penalties.--This section does not 
supersede a penalty applicable to an operator of a commercial 
motor vehicle under this chapter or another law.

           *       *       *       *       *       *       *


Sec. 31313. Commercial driver's license program implementation 
                    financial assistance program

  (a) Financial Assistance Program.--
          (1) In general.--The Secretary of Transportation 
        shall administer a financial assistance program for 
        commercial driver's license program implementation for 
        the purposes described in paragraphs (2) and (3).
          (2) State commercial driver's license program 
        implementation grants.--In carrying out the program, 
        the Secretary may make a grant to a State agency in a 
        fiscal year--
                  (A) to assist the State in complying with the 
                requirements of section 31311; and
                  (B) in the case of a State that is making a 
                good faith effort toward substantial compliance 
                with the requirements of section 31311, to 
                improve the State's implementation of its 
                commercial driver's license program, including 
                expenses--
                          (i) for computer hardware and 
                        software;
                          (ii) for publications, testing, 
                        personnel, training, and quality 
                        control;
                          (iii) for commercial driver's license 
                        program coordinators; and
                          (iv) to implement or maintain a 
                        system to notify an employer of an 
                        operator of a commercial motor vehicle 
                        of the suspension or revocation of the 
                        operator's commercial driver's license 
                        consistent with the standards developed 
                        under section 32303(b) of the 
                        Commercial Motor Vehicle Safety 
                        Enhancement Act of 2012 (49 U.S.C. 
                        31304 note).
          (3) Priority activities.--The Secretary may make a 
        grant to or enter into a cooperative agreement with a 
        State agency, local government, or any person in a 
        fiscal year for research, development and testing, 
        demonstration projects, public education, and other 
        special activities and projects relating to commercial 
        drivers licensing and motor vehicle safety that--
                  (A) benefit all jurisdictions of the United 
                States;
                  (B) address national safety concerns and 
                circumstances;
                  (C) address emerging issues relating to 
                commercial driver's license improvements;
                  (D) support innovative ideas and solutions to 
                commercial driver's license program issues;
                  (E) support, in addition to funds otherwise 
                available for such purposes, the recognition, 
                prevention, and reporting of human trafficking; 
                or
                  (F) address other commercial driver's license 
                issues, as determined by the Secretary.
  (b) Prohibitions.--[A recipient] In participating in 
financial assistance program under this section--
          (1) a recipient  may not use financial assistance 
        funds awarded under this section to rent, lease, or buy 
        land or buildings[.]; and
          (2) a State may not receive more than $250,000 in 
        grants under subsection (a)(2)(B) in any fiscal year--
                  (A) in which the State prohibits private 
                commercial driving schools or independent 
                commercial driver's license testing facilities 
                from offering a commercial driver's license 
                skills test as a third-party tester; or
                  (B) in which a State fails to report to the 
                Administrator of the Federal Motor Carrier 
                Safety Administration, during the previous 
                fiscal year, the average number of days of 
                delays for an initial commercial driver's 
                license skills test or retest within the State.
  (c) Report.--The Secretary shall issue an annual report on 
the activities carried out under this section.
  (d) Apportionment.--All amounts made available to carry out 
this section for a fiscal year shall be apportioned to a 
recipient described in subsection (a)(3) according to criteria 
prescribed by the Secretary.
  (e) Funding.--For fiscal years beginning after September 30, 
2016, this section shall be funded under section 31104.

           *       *       *       *       *       *       *


Sec. 31315. Waivers, exemptions, and pilot programs

  (a) Waivers.--The Secretary may grant a waiver that relieves 
a person from compliance in whole or in part with a regulation 
issued under this chapter or section 31136 if the Secretary 
determines that it is in the public interest to grant the 
waiver and that the waiver is likely to achieve a level of 
safety that is equivalent to, or greater than, the level of 
safety that would be obtained in the absence of the waiver--
          (1) for a period not in excess of 3 months;
          (2) limited in scope and circumstances;
          (3) for nonemergency and unique events; and
          (4) subject to such conditions as the Secretary may 
        impose.
  (b) Exemptions.--
          (1) In general.--Upon receipt of a request pursuant 
        to this subsection, the Secretary of Transportation may 
        grant to a person or class of persons an exemption from 
        a regulation prescribed under this chapter or section 
        31136 if the Secretary finds such exemption would 
        likely achieve a level of safety that is equivalent to, 
        or greater than, the level that would be achieved 
        absent such exemption.
          (2) Length of exemption and renewal.--An exemption 
        may be granted under paragraph (1) for no longer than 5 
        years and may be renewed, upon request, for subsequent 
        5-year periods if the Secretary continues to make the 
        finding under paragraph (1).
          (3) Opportunity for resubmission.--If the Secretary 
        denies an application under paragraph (1) and the 
        applicant can reasonably address the reason for the 
        denial, the Secretary may allow the applicant to 
        resubmit the application.
          (4) Authority to revoke exemption.--The Secretary 
        shall immediately revoke an exemption if--
                  (A) the person fails to comply with the terms 
                and conditions, including data submission 
                requirements, of such exemption;
                  (B) the exemption has resulted in a lower 
                level of safety than was maintained before the 
                exemption was granted; or
                  (C) continuation of the exemption would not 
                be consistent with the goals and objectives of 
                this chapter or section 31136, as the case may 
                be.
          (5) Requests for exemption.--Not later than 180 days 
        after the date of enactment of this section and after 
        notice and an opportunity for public comment, the 
        Secretary shall specify by regulation the procedures by 
        which a person may request an exemption. Such 
        regulations shall, at a minimum, require the person to 
        provide the following information for each exemption 
        request:
                  (A) The provisions from which the person 
                requests exemption.
                  (B) The time period during which the 
                requested exemption would apply.
                  (C) An analysis of the safety impacts the 
                requested exemption may cause.
                  (D) The specific countermeasures the person 
                would undertake to ensure an equivalent or 
                greater level of safety than would be achieved 
                absent the requested exemption.
          (6) Notice and comment.--
                  (A) Upon receipt of a request.--Upon receipt 
                of an exemption request, the Secretary shall 
                publish in the Federal Register (or, in the 
                case of a request for an exemption from the 
                physical qualification standards for commercial 
                motor vehicle drivers, post on a web site 
                established by the Secretary to implement the 
                requirements of section 31149) a notice 
                explaining the request that has been filed and 
                shall give the public an opportunity to inspect 
                the safety analysis and any other relevant 
                information known to the Secretary and to 
                comment on the request. This subparagraph does 
                not require the release of information 
                protected by law from public disclosure.
                  (B) Upon granting a request.--Upon granting a 
                request and before the effective date of the 
                exemption, the Secretary shall publish in the 
                Federal Register (or, in the case of an 
                exemption from the physical qualification 
                standards for commercial motor vehicle drivers, 
                post on a web site established by the Secretary 
                to implement the requirements of section 31149) 
                the name of the person granted the exemption, 
                the provisions from which the person is exempt, 
                the effective period, and the terms and 
                conditions of the exemption.
                  (C) After denying a request.--After denying a 
                request for exemption, the Secretary shall 
                publish in the Federal Register (or, in the 
                case of a request for an exemption from the 
                physical qualification standards for commercial 
                motor vehicle drivers, post on a web site 
                established by the Secretary to implement the 
                requirements of section 31149) the name of the 
                person denied the exemption and the reasons for 
                such denial. The Secretary may meet the 
                requirement of this subparagraph by 
                periodically publishing in the Federal Register 
                the names of persons denied exemptions and the 
                reasons for such denials.
          (7) Applications to be dealt with promptly.--The 
        Secretary shall grant or deny an exemption request 
        after a thorough review of its safety implications, but 
        in no case later than 180 days after the filing date of 
        such request.
          [(8) Terms and conditions.--The Secretary shall 
        establish terms and conditions for each exemption to 
        ensure that it will likely achieve a level of safety 
        that is equivalent to, or greater than, the level that 
        would be achieved absent such exemption. The Secretary 
        shall monitor the implementation of the exemption to 
        ensure compliance with its terms and conditions.]
          (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.
          (9) Notification of state compliance and enforcement 
        personnel.--Before the effective date of an exemption, 
        the Secretary shall notify a State safety compliance 
        and enforcement agency, and require the agency to 
        notify the State's roadside inspectors, that a person 
        will be operating pursuant to an exemption and the 
        terms and conditions that apply to the exemption.
  (c) Pilot Programs.--
          (1) In general.--The Secretary may conduct pilot 
        programs to evaluate alternatives to regulations 
        relating to, or innovative approaches to, motor 
        carrier, commercial motor vehicle, and driver safety. 
        Such pilot programs may include exemptions from a 
        regulation prescribed under this chapter or section 
        31136 if the pilot program contains, at a minimum, the 
        elements described in paragraph (2). The Secretary 
        shall publish a detailed description of each pilot 
        program, including the exemptions to be considered, and 
        provide notice and an opportunity for public comment 
        before the effective date of the program.
          (2) Program elements.--In proposing a pilot program 
        and before granting exemptions for purposes of a pilot 
        program, the Secretary shall require, as a condition of 
        approval of the project, that the safety measures in 
        the project are designed to achieve a level of safety 
        that is equivalent to, or greater than, the level of 
        safety that would otherwise be achieved through 
        compliance with the regulations prescribed under this 
        chapter or section 31136. The Secretary shall include, 
        at a minimum, the following elements in each pilot 
        program plan:
                  (A) A scheduled life of each pilot program of 
                not more than 3 years.
                  (B) A specific data collection and safety 
                analysis plan that identifies a method for 
                comparison.
                  (C) A reasonable number of participants 
                necessary to yield statistically valid 
                findings.
                  (D) An oversight plan to ensure that 
                participants comply with the terms and 
                conditions of participation.
                  (E) Adequate countermeasures to protect the 
                health and safety of study participants and the 
                general public.
                  (F) A plan to inform State partners and the 
                public about the pilot program and to identify 
                approved participants to safety compliance and 
                enforcement personnel and to the public.
          (3) Authority to revoke participation.--The Secretary 
        shall immediately revoke participation in a pilot 
        program of a motor carrier, commercial motor vehicle, 
        or driver for failure to comply with the terms and 
        conditions of the pilot program or if continued 
        participation would not be consistent with the goals 
        and objectives of this chapter or section 31136, as the 
        case may be.
          (4) Authority to terminate program.--The Secretary 
        shall immediately terminate a pilot program if its 
        continuation would not be consistent with the goals and 
        objectives of this chapter or section 31136, as the 
        case may be.
          (5) Report to congress.--At the conclusion of each 
        pilot program, the Secretary shall report to Congress 
        the findings, conclusions, and recommendations of the 
        program, including suggested amendments to laws and 
        regulations that would enhance motor carrier, 
        commercial motor vehicle, and driver safety and improve 
        compliance with national safety standards.
  (d) Preemption of State Rules.--During the time period that a 
waiver, exemption, or pilot program is in effect under this 
chapter or section 31136, no State shall enforce any law or 
regulation that conflicts with or is inconsistent with the 
waiver, exemption, or pilot program with respect to a person 
operating under the waiver or exemption or participating in the 
pilot program.
  (e) Report to Congress.--The Secretary shall submit an annual 
report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives listing the waivers, exemptions, and pilot 
programs granted under this section, and any impacts on safety, 
based on an analysis of data collected by the Secretary and 
submitted to the Secretary under subsection (b)(8).
  (f) Web Site.--The Secretary shall ensure that the Federal 
Motor Carrier Safety Administration web site includes a link to 
the web site established by the Secretary to implement the 
requirements under sections 31149 and 31315. The link shall be 
in a clear and conspicuous location on the home page of the 
Federal Motor Carrier Safety Administration web site and be 
easily accessible to the public.
  (g) Limitations on Municipality and Commercial Zone 
Exemptions and Waivers.--(1) The Secretary may not--
          (A) exempt a person or commercial motor vehicle from 
        a regulation related to commercial motor vehicle safety 
        only because the operations of the person or vehicle 
        are entirely in a municipality or commercial zone of a 
        municipality; or
          (B) waive application to a person or commercial motor 
        vehicle of a regulation related to commercial motor 
        vehicle safety only because the operations of the 
        person or vehicle are entirely in a municipality or 
        commercial zone of a municipality.
  (2) If a person was authorized to operate a commercial motor 
vehicle in a municipality or commercial zone of a municipality 
in the United States for the entire period from November 19, 
1987, through November 18, 1988, and if the person is otherwise 
qualified to operate a commercial motor vehicle, the person may 
operate a commercial motor vehicle entirely in a municipality 
or commercial zone of a municipality notwithstanding--
          (A) paragraph (1) of this subsection;
          (B) a minimum age requirement of the United States 
        Government for operation of the vehicle; and
          (C) a medical or physical condition that--
                  (i) would prevent an operator from operating 
                a commercial motor vehicle under the commercial 
                motor vehicle safety regulations in title 49, 
                Code of Federal Regulations;
                  (ii) existed on July 1, 1988;
                  (iii) has not substantially worsened; and
                  (iv) does not involve alcohol or drug abuse.
  (3) This subsection does not affect a State commercial motor 
vehicle safety law applicable to intrastate commerce.

           *       *       *       *       *       *       *


SUBTITLE IX--MULTIMODAL FREIGHT TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 701--MULTIMODAL FREIGHT POLICY

           *       *       *       *       *       *       *


Sec. 70101. National multimodal freight policy

  (a) In General.--It is the policy of the United States to 
maintain and improve the condition and performance of the 
National Multimodal Freight Network established under section 
70103 to ensure that the Network provides a foundation for the 
United States to compete in the global economy and achieve the 
goals described in subsection (b).
  (b) Goals.--The goals of the national multimodal freight 
policy are--
          (1) to identify infrastructure improvements, 
        policies, and operational innovations that--
                  (A) strengthen the contribution of the 
                National Multimodal Freight Network to the 
                economic competitiveness of the United States;
                  (B) reduce congestion and eliminate 
                bottlenecks on the National Multimodal Freight 
                Network; and
                  (C) increase productivity, particularly for 
                domestic industries and businesses that create 
                high-value jobs;
          (2) to improve the safety, security, efficiency, and 
        resiliency of multimodal freight transportation in 
        rural and urban areas;
          (3) to achieve and maintain a state of good repair on 
        the National Multimodal Freight Network;
          (4) to use innovation and advanced technology to 
        improve the safety, efficiency, and reliability of the 
        National Multimodal Freight Network;
          (5) to improve the economic efficiency and 
        productivity of the National Multimodal Freight 
        Network;
          (6) to improve the reliability of freight 
        transportation;
          (7) to improve the short- and long-distance movement 
        of goods that--
                  (A) travel across rural areas between 
                population centers;
                  (B) travel between rural areas and population 
                centers[; and];
                  (C) travel within population centers; and
                  [(C)] (D) travel from the Nation's ports, 
                airports, and gateways to the National 
                Multimodal Freight Network;
          (8) to improve the flexibility of States to support 
        multi-State corridor planning and the creation of 
        multi-State organizations to increase the ability of 
        States to address multimodal freight connectivity;
          (9) to reduce the adverse environmental impacts of 
        freight movement on the National Multimodal Freight 
        Network[; and] 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; 
          (10) to decrease any adverse impact of freight 
        transportation on communities located near freight 
        facilities or freight corridors; and
          [(10)] (11) to pursue the goals described in this 
        subsection in a manner that is not burdensome to State 
        and local governments.
  (c) Implementation.--The Under Secretary of Transportation 
for Policy, who shall be responsible for the oversight and 
implementation of the national multimodal freight policy, 
shall--
          (1) carry out sections 70102 and 70103;
          (2) assist with the coordination of modal freight 
        planning; and
          (3) identify interagency data sharing opportunities 
        to promote freight planning and coordination.

Sec. 70102. National freight strategic plan

  (a) In General.--Not later than 2 years after the date of 
enactment of this section, the Under Secretary of 
Transportation for Policy shall--
          (1) develop a national freight strategic plan in 
        accordance with this section; and
          (2) publish the plan on the public Internet Web site 
        of the Department of Transportation.
  (b) Contents.--The national freight strategic plan shall 
include--
          (1) an assessment of the condition and performance of 
        the National Multimodal Freight Network established 
        under section 70103;
          (2) forecasts of freight volumes for the succeeding 
        5-, 10-, and 20-year periods;
          (3) an identification of major trade gateways and 
        national freight corridors that connect major 
        population centers, trade gateways, and other major 
        freight generators;
          (4) an identification of bottlenecks on the National 
        Multimodal Freight Network that create significant 
        freight congestion, based on a quantitative methodology 
        developed by the Under Secretary, which shall include, 
        at a minimum--
                  (A) information from the Freight Analysis 
                Framework of the Federal Highway 
                Administration; and
                  (B) to the maximum extent practicable, an 
                estimate of the cost of addressing each 
                bottleneck and any operational improvements 
                that could be implemented;
          (5) an assessment of statutory, regulatory, 
        technological, institutional, financial, and other 
        barriers to improved freight transportation 
        performance, and a description of opportunities for 
        overcoming the barriers;
          (6) a process for addressing multistate projects and 
        encouraging jurisdictions to collaborate;
          (7) strategies to improve freight intermodal 
        connectivity;
          (8) an identification of corridors providing access 
        to energy exploration, development, installation, or 
        production areas;
          (9) an identification of corridors providing access 
        to major areas for manufacturing, agriculture, or 
        natural resources;
          (10) an identification of best practices for 
        improving the performance of the National Multimodal 
        Freight Network, including critical commerce corridors 
        and rural and urban access to critical freight 
        corridors; and
          (11) an identification of best practices to mitigate 
        the impacts of freight movement on communities.
  (c) Updates.--Not later than 5 years after the date of 
completion of the national freight strategic plan under 
subsection (a), and every 5 years thereafter, the Under 
Secretary [shall update the plan and publish the updated plan 
on the public Internet Web site of the Department of 
Transportation.] 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. 
  (d) Consultation.--The Under Secretary shall develop and 
update the national freight strategic plan--
          (1) after providing notice and an opportunity for 
        public comment; and
          (2) in consultation with State departments of 
        transportation, metropolitan planning organizations, 
        and other appropriate public and private transportation 
        stakeholders.

Sec. 70103. National Multimodal Freight Network

  (a) In General.--The Under Secretary of Transportation for 
Policy shall establish a National Multimodal Freight Network in 
accordance with this section--
          (1) to assist States in strategically directing 
        resources toward improved system performance for the 
        efficient movement of freight on the Network;
          (2) to inform freight transportation planning;
          (3) to assist in the prioritization of Federal 
        investment; and
          (4) to assess and support Federal investments to 
        achieve the national multimodal freight policy goals 
        described in section 70101(b) of this title and the 
        national highway freight program goals described in 
        section 167 of title 23.
  (b) Interim Network.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this section, the Under Secretary 
        shall establish an interim National Multimodal Freight 
        Network in accordance with this subsection.
          (2) Network components.--The interim National 
        Multimodal Freight Network shall include--
                  (A) the National Highway Freight Network, as 
                established under section 167 of title 23;
                  (B) the freight rail systems of Class I 
                railroads, as designated by the Surface 
                Transportation Board;
                  (C) the public ports [of the United States 
                that have] 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  total annual foreign and 
                        domestic trade of at least 2,000,000 
                        short tons, as identified by the 
                        Waterborne Commerce Statistics Center 
                        of the Army Corps of Engineers, using 
                        the data from the latest year for which 
                        such data is available;
                  (D) the inland and intracoastal waterways of 
                the United States, as described in section 206 
                of the Inland Waterways Revenue Act of 1978 (33 
                U.S.C. 1804);
                  (E) the Great Lakes, the St. Lawrence Seaway, 
                and coastal and ocean routes along which 
                domestic freight is transported;
                  (F) the 50 airports located in the United 
                States with the highest annual landed weight, 
                as identified by the Federal Aviation 
                Administration; and
                  (G) other strategic freight assets, including 
                strategic intermodal facilities and freight 
                rail lines of Class II and Class III railroads, 
                designated by the Under Secretary as critical 
                to interstate commerce.
  (c) Final Network.--
          (1) In general.--[Not later than 1 year after the 
        date of enactment of this section,]
                  (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),  the Under Secretary, after 
                soliciting input from stakeholders, including 
                multimodal freight system users, transportation 
                providers, metropolitan planning organizations, 
                local governments, ports, airports, railroads, 
                and States, through a public process to 
                identify critical freight facilities and 
                corridors, including critical commerce 
                corridors, that are vital to achieve the 
                national multimodal freight policy goals 
                described in section 70101(b) of this title and 
                the national highway freight program goals 
                described in section 167 of title 23, and after 
                providing notice and an opportunity for comment 
                on a draft system, shall designate a National 
                Multimodal Freight Network with the goal of--
                  (A) improving network and intermodal 
                connectivity; and
                  (B) using measurable data as part of the 
                assessment of the significance of freight 
                movement, including the consideration of points 
                of origin, destinations, and linking components 
                of domestic and international supply chains.
          (2) Factors.--In designating or redesignating the 
        National Multimodal Freight Network, the Under 
        Secretary shall consider--
                  (A) origins and destinations of freight 
                movement within, to, and from the United 
                States;
                  (B) volume, value, tonnage, and the strategic 
                importance of freight;
                  (C) access to border crossings, airports, 
                seaports, and pipelines;
                  (D) economic factors, including balance of 
                trade;
                  (E) access to major areas for manufacturing, 
                agriculture, or natural resources;
                  (F) access to energy exploration, 
                development, installation, and production 
                areas;
                  (G) intermodal links and intersections that 
                promote connectivity;
                  (H) freight choke points and other 
                impediments contributing to significant 
                measurable congestion, delay in freight 
                movement, or inefficient modal connections;
                  (I) impacts on all freight transportation 
                modes and modes that share significant freight 
                infrastructure;
                  (J) facilities and transportation corridors 
                identified by a multi-State coalition, a State, 
                a State freight advisory committee, or a 
                metropolitan planning organization, using 
                national or local data, as having critical 
                freight importance to the region;
                  (K) major distribution centers, inland 
                intermodal facilities, and first- and last-mile 
                facilities; and
                  (L) the significance of goods movement, 
                including consideration of global and domestic 
                supply chains.
          (3) Considerations.--In designating or redesignating 
        the National Multimodal Freight Network, the Under 
        Secretary shall--
                  (A) use, to the extent practicable, 
                measurable data to assess the significance of 
                goods movement, including the consideration of 
                points of origin, destinations, and linking 
                components of the United States global and 
                domestic supply chains;
                  (B) consider--
                          (i) the factors described in 
                        paragraph (2); and
                          (ii) any changes in the economy that 
                        affect freight transportation network 
                        demand; and
                  (C) provide the States and metropolitan 
                planning organizations with an opportunity to 
                submit proposed designations in accordance with 
                [paragraph (4)] paragraphs (4) and (5).
          (4) State and metropolitan planning organization 
        input.--
                  (A) In general.--Each State that proposes 
                additional designations for the National 
                Multimodal Freight Network shall--
                          (i) consider nominations for 
                        additional designations from 
                        metropolitan planning organizations and 
                        State freight advisory committees, as 
                        applicable, within the State;
                          (ii) consider nominations for 
                        additional designations from owners and 
                        operators of port, rail, pipeline, and 
                        airport facilities; and
                          (iii) ensure that additional 
                        designations are consistent with the 
                        State transportation improvement 
                        program or freight plan.
                  (B) Critical rural freight facilities and 
                corridors.--As part of the designations under 
                subparagraph (A), a State may designate a 
                freight facility or corridor within the borders 
                of the State as a critical rural freight 
                facility or corridor if the facility or 
                corridor--
                          (i) is a rural principal arterial;
                          (ii) provides access or service to 
                        energy exploration, development, 
                        installation, or production areas;
                          (iii) provides access or service to--
                                  (I) a grain elevator;
                                  (II) an agricultural 
                                facility;
                                  (III) a mining facility;
                                  (IV) a forestry facility; or
                                  (V) an intermodal facility;
                          (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) has been determined by the State 
                        to be vital to improving the efficient 
                        movement of freight of importance to 
                        the economy of the State.
                  [(C) Limitation.--
                          [(i) In general.--A State may propose 
                        additional designations to the National 
                        Multimodal Freight Network in the State 
                        in an amount that is not more than 20 
                        percent of the total mileage designated 
                        by the Under Secretary in the State.
                          [(ii) Determination by under 
                        secretary.--The Under Secretary shall 
                        determine how to apply the limitation 
                        under clause (i) to the components of 
                        the National Multimodal Freight 
                        Network.]
                  (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.
                  [(D)] (E) Submission and certification.--A 
                State shall submit to the Under Secretary--
                          (i) a list of any additional 
                        designations proposed to be added under 
                        this paragraph; and
                          (ii) a certification that--
                                  (I) the State has satisfied 
                                the requirements of 
                                subparagraph (A); and
                                  (II) the designations 
                                referred to in clause (i) 
                                address the factors for 
                                designation described in this 
                                subsection.
          (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).
  (d) Redesignation of National Multimodal Freight Network.--
Not later than 5 years after the initial designation under 
subsection (c), and every 5 years thereafter, the Under 
Secretary, using the designation factors described in 
subsection (c), shall redesignate the National Multimodal 
Freight Network.

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CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND INFORMATION

Sec.
     * * * * * * *
70205. National cooperative multimodal freight transportation research 
          program.

Sec. 70201. State freight advisory committees

  (a) In General.--The Secretary of Transportation shall 
encourage each State to establish a freight advisory committee 
consisting of a representative cross-section of public and 
private sector freight stakeholders, including representatives 
of ports, freight railroads, shippers, carriers, freight-
related associations, third-party logistics providers, the 
freight industry workforce, the transportation department of 
the State, [and local governments] local governments, 
metropolitan planning organizations, and the departments with 
responsibility for environmental protection and air quality of 
the State.
  (b) Role of Committee.--A freight advisory committee of a 
State described in subsection (a) shall--
          (1) advise the State on freight-related priorities, 
        issues, projects, and funding needs;
          (2) serve as a forum for discussion for State 
        transportation decisions affecting freight mobility;
          (3) communicate and coordinate regional priorities 
        with other organizations;
          (4) promote the sharing of information between the 
        private and public sectors on freight issues; and
          (5) participate in the development of the freight 
        plan of the State described in section 70202.

Sec. 70202. State freight plans

  (a) In General.--Each State that receives funding under 
section 167 of title 23 shall develop a freight plan that 
provides a comprehensive plan for the immediate and long-range 
planning activities and investments of the State with respect 
to freight.
  (b) Plan Contents.--A State freight plan described in 
subsection (a) shall include, at a minimum--
          (1) an identification of significant freight system 
        trends, needs, and issues with respect to the State;
          (2) a description of the freight policies, 
        strategies, and performance measures that will guide 
        the freight-related transportation investment decisions 
        of the State;
          (3) when applicable, a listing of--
                  (A) multimodal critical rural and urban 
                freight facilities and corridors designated 
                within the State under section 70103 of this 
                title; and
                  (B) critical rural and urban freight 
                corridors designated within the State under 
                section 167 of title 23;
          (4) a description of how the plan will improve the 
        ability of the State to meet the national multimodal 
        freight policy goals described in section 70101(b) of 
        this title and the national highway freight program 
        goals described in section 167 of title 23;
          (5) a description of how innovative technologies and 
        operational strategies, including freight intelligent 
        transportation systems, that improve the safety and 
        efficiency of freight movement, were considered;
          (6) in the case of roadways on which travel by heavy 
        vehicles (including mining, agricultural, energy cargo 
        or equipment, and timber vehicles) is projected to 
        substantially deteriorate the condition of the 
        roadways, a description of improvements that may be 
        required to reduce or impede the deterioration;
          (7) an inventory of facilities with freight mobility 
        issues, such as bottlenecks, within the State, and for 
        those facilities that are State owned or operated, a 
        description of the strategies the State is employing to 
        address the freight mobility issues;
          (8) consideration of any significant congestion or 
        delay caused by freight movements and any strategies to 
        mitigate that congestion or delay;
          (9) a freight investment plan that, subject to 
        subsection (c)(2), includes a list of priority projects 
        and describes how funds made available to carry out 
        section 167 of title 23 would be invested and matched[; 
        and];
          (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
          [(10)] (12) consultation with the State freight 
        advisory committee, if applicable.
  (c) Relationship to Long-Range Plan.--
          (1) Incorporation.--A State freight plan described in 
        subsection (a) may be developed separately from or 
        incorporated into the statewide strategic long-range 
        transportation plan required by section 135 of title 
        23.
          (2) Fiscal constraint.--The freight investment plan 
        component of a freight plan shall include a project, or 
        an identified phase of a project, only if funding for 
        completion of the project can reasonably be anticipated 
        to be available for the project within the time period 
        identified in the freight investment plan.
  (d) Planning Period.--A State freight plan described in 
subsection (a) shall address a 5-year forecast period.
  (e) Updates.--
          (1) In general.--A State shall update a State freight 
        plan described in subsection (a) not less frequently 
        than once every 5 years.
          (2) Freight investment plan.--A State may update a 
        freight investment plan described in subsection (b)(9) 
        more frequently than is required under paragraph (1).

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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)).

           *       *       *       *       *       *       *


SUBTITLE X--MISCELLANEOUS

           *       *       *       *       *       *       *


CHAPTER 805--MISCELLANEOUS

           *       *       *       *       *       *       *


Sec. 80502. Transportation of animals

  (a) Confinement.--(1) Except as provided in this section, a 
rail carrier, express carrier, or common carrier (except by air 
or water), a receiver, trustee, or lessee of one of those 
carriers, or an owner or master of a vessel transporting 
animals 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, may not confine animals in a vehicle 
or vessel for more than 28 consecutive hours without unloading 
the animals for feeding, water, and rest.
  (2) Sheep may be confined for an additional 8 consecutive 
hours without being unloaded when the 28-hour period of 
confinement ends at night. Animals may be confined for--
          (A) more than 28 hours when the animals cannot be 
        unloaded because of accidental or unavoidable causes 
        that could not have been anticipated or avoided when 
        being careful; and
          (B) 36 consecutive hours when the owner or person 
        having custody of animals being transported requests, 
        in writing and separate from a bill of lading or other 
        rail form, that the 28-hour period be extended to 36 
        hours.
  (3) Time spent in loading and unloading animals is not 
included as part of a period of confinement under this 
subsection.
  (b) Unloading, Feeding, Watering, and Rest.--Animals being 
transported shall be unloaded in a humane way into pens 
equipped for feeding, water, and rest for at least 5 
consecutive hours. The owner or person having custody of the 
animals shall feed and water the animals. When the animals are 
not fed and watered by the owner or person having custody, the 
rail carrier, express carrier, or common carrier (except by air 
or water), the receiver, trustee, or lessee of one of those 
carriers, or the owner or master of a vessel transporting the 
animals--
          (1) shall feed and water the animals at the 
        reasonable expense of the owner or person having 
        custody, except that the owner or shipper may provide 
        food;
          (2) has a lien on the animals for providing food, 
        care, and custody that may be collected at the 
        destination in the same way that a transportation 
        charge is collected; and
          (3) is not liable for detaining the animals for a 
        reasonable period to comply with subsection (a) of this 
        section.
  (c) Nonapplication.--[This section does not] Subsections (a) 
and (b) shall not apply when animals are transported in a 
vehicle or vessel in which the animals have food, water, space, 
and an opportunity for rest.
  (d) Transportation of Horses.--
          (1) Prohibition.--No person may transport, or cause 
        to be transported, a horse from a place in a State, the 
        District of Columbia, or a territory or possession of 
        the United States through or to a place in another 
        State, the District of Columbia, or a territory or 
        possession of the United States in a motor vehicle 
        containing two or more levels stacked on top of each 
        other.
          (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.
  [(d)] (e) Civil Penalty.--[A rail carrier]
          (1) In general._A rail carrier , express carrier, or 
        common carrier (except by air or water), a receiver, 
        trustee, or lessee of one of those carriers, or an 
        owner or master of a vessel that knowingly and 
        willfully violates [this section] subsection (a) or (b) 
        is liable to the United States Government for a civil 
        penalty of at least $100 but not more than $500 for 
        each violation. [On learning]
          (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  of a violation, the 
        Attorney General shall bring a civil action to collect 
        the penalty in the district court of the United States 
        for the judicial district in which the violation 
        occurred or the defendant resides or does business.

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                              ----------                              


                                FAST ACT

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Fixing 
America's Surface Transportation Act'' or the ``FAST Act''.
  (b) Table of contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.

                   DIVISION A--SURFACE TRANSPORTATION

     * * * * * * *

                      TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorizations and Programs

     * * * * * * *
[Sec. 1123. Nationally significant Federal lands and tribal projects 
          program.]
     * * * * * * *

                        Subtitle D--Miscellaneous

     * * * * * * *
[Sec. 1444. Every Day Counts initiative.]
     * * * * * * *

                      TITLE V--MOTOR CARRIER SAFETY

     * * * * * * *

     Subtitle B--Federal Motor Carrier Safety Administration Reform

     * * * * * * *

           Part II--Compliance, Safety, Accountability Reform

     * * * * * * *
[Sec. 5223. Data certification.]
     * * * * * * *

                          TITLE VI--INNOVATION

     * * * * * * *
[Sec. 6028. Performance management data support program.]
     * * * * * * *

DIVISION A--SURFACE TRANSPORTATION

           *       *       *       *       *       *       *


                     TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

           *       *       *       *       *       *       *


[SEC. 1123. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS 
                    PROGRAM.

  [(a) Purpose.--The Secretary shall establish a nationally 
significant Federal lands and tribal projects program (referred 
to in this section as the ``program'') to provide funding to 
construct, reconstruct, or rehabilitate nationally significant 
Federal lands and tribal transportation projects.
  [(b) Eligible Applicants.--
          [(1) In general.--Except as provided in paragraph 
        (2), entities eligible to receive funds under sections 
        201, 202, 203, and 204 of title 23, United States Code, 
        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 a single continuous project--
          [(1) on a Federal lands transportation facility, a 
        Federal lands access transportation facility, or a 
        tribal transportation facility (as those terms are 
        defined in section 101 of title 23, United States 
        Code), except that such facility is not required to be 
        included in an inventory described in section 202 or 
        203 of such title;
          [(2) for which completion of activities required 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) has been demonstrated through--
                  [(A) a record of decision with respect to the 
                project;
                  [(B) a finding that the project has no 
                significant impact; or
                  [(C) a determination that the project is 
                categorically excluded; and
          [(3) having an estimated cost, based on the results 
        of preliminary engineering, equal to or exceeding 
        $25,000,000, with priority consideration given to 
        projects with an estimated cost equal to or exceeding 
        $50,000,000.
  [(d) Eligible Activities.--
          [(1) In general.--Subject to paragraph (2), an 
        eligible applicant receiving funds under the program 
        may only use the funds for construction, 
        reconstruction, and rehabilitation activities.
          [(2) Ineligible activities.--An eligible applicant 
        may not use funds received under the program for 
        activities relating to project design.
  [(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) Selection criteria.--In selecting a project to receive 
funds under the program, the Secretary shall consider the 
extent to which the project--
          [(1) furthers the goals of the Department, including 
        state of good repair, economic competitiveness, quality 
        of life, and safety;
          [(2) improves the condition of critical 
        transportation facilities, including multimodal 
        facilities;
          [(3) needs construction, reconstruction, or 
        rehabilitation;
          [(4) has costs matched by funds that are not provided 
        under this section, with projects with a greater 
        percentage of other sources of matching funds ranked 
        ahead of lesser matches;
          [(5) is included in or eligible for inclusion in the 
        National Register of Historic Places;
          [(6) uses new technologies and innovations that 
        enhance the efficiency of the project;
          [(7) is supported by funds, other than the funds 
        received under the program, to construct, maintain, and 
        operate the facility;
          [(8) spans 2 or more States; and
          [(9) serves land owned by multiple Federal agencies 
        or Indian tribes.
  [(g) Federal share.--
          [(1) In general.--The Federal share of the cost of a 
        project shall be up to 90 percent.
          [(2) Non-federal share.--Notwithstanding any other 
        provision of law, any Federal funds other than those 
        made available under title 23 or title 49, United 
        States Code, may be used to pay the non-Federal share 
        of the cost of a project carried out under this 
        section.
  [(h) Authorization of appropriations.--There is authorized to 
be appropriated to carry out this section $100,000,000 for each 
of fiscal years 2016 through 2020. Such sums shall remain 
available for a period of 3 fiscal years following the fiscal 
year for which the amounts are appropriated.]

           *       *       *       *       *       *       *


Subtitle D--Miscellaneous

           *       *       *       *       *       *       *


SEC. 1404. DESIGN STANDARDS.

  (a) In general.--Section 109 of title 23, United States Code, 
is amended--
          (1) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) in the matter preceding 
                        subparagraph (A) by striking ``may take 
                        into account'' and inserting ``shall 
                        consider'';
                          (ii) in subparagraph (B) by striking 
                        ``and'' at the end;
                          (iii) by redesignating subparagraph 
                        (C) as subparagraph (D); and
                          (iv) by inserting after subparagraph 
                        (B) the following:
                  ``(C) cost savings by utilizing flexibility 
                that exists in current design guidance and 
                regulations; and''; and
                  (B) in paragraph (2)--
                          (i) in subparagraph (C) by striking 
                        ``and'' at the end;
                          (ii) by redesignating subparagraph 
                        (D) as subparagraph (F); and
                          (iii) by inserting after subparagraph 
                        (C) the following:
                  ``(D) the publication entitled `Highway 
                Safety Manual' of the American Association of 
                State Highway and Transportation Officials;
                  ``(E) the publication entitled `Urban Street 
                Design Guide' of the National Association of 
                City Transportation Officials; and''; and
          (2) in subsection (f) by inserting ``pedestrian 
        walkways,'' after ``bikeways,''.
  [(b) Design Standard Flexibility.--Notwithstanding section 
109(o) of title 23, United States Code, a State may allow a 
local jurisdiction to use a roadway design publication that is 
different 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 under the ownership of the local 
jurisdiction (other than a highway on the Interstate System) 
if--
          [(1) the local jurisdiction is a direct recipient of 
        Federal funds for the project;
          [(2) the roadway design publication--
                  [(A) is recognized by the Federal Highway 
                Administration; and
                  [(B) is adopted by the local jurisdiction; 
                and
          [(3) the design complies with all other applicable 
        Federal laws.]

           *       *       *       *       *       *       *


[SEC. 1444. EVERY DAY COUNTS INITIATIVE.

  [(a) In general.--It is in the national interest for the 
Department, State departments of transportation, and all other 
recipients of Federal transportation funds--
          [(1) to identify, accelerate, and deploy innovation 
        aimed at shortening project delivery, enhancing the 
        safety of the roadways of the United States, and 
        protecting the environment;
          [(2) to ensure that the planning, design, 
        engineering, construction, and financing of 
        transportation projects is done in an efficient and 
        effective manner;
          [(3) to promote the rapid deployment of proven 
        solutions that provide greater accountability for 
        public investments and encourage greater private sector 
        involvement; and
          [(4) 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, 
and industry stakeholders to identify and deploy proven 
innovative practices and products that--
          [(1) accelerate innovation deployment;
          [(2) shorten the project delivery process;
          [(3) improve environmental sustainability;
          [(4) enhance roadway safety; and
          [(5) reduce congestion.
  [(c) 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, webinars, 
        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.
  [(d) Publication.--Each collection identified under 
subsection (c) shall be published by the Administrator on a 
publicly available Web site.]

           *       *       *       *       *       *       *


TITLE III--PUBLIC TRANSPORTATION

           *       *       *       *       *       *       *


SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

  (a) In general.--Section 5309 of title 49, United States 
Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (3), by striking ``and 
                weekend days'';
                  (B) in paragraph (6)--
                          (i) in subparagraph (A) by inserting 
                        ``, small start projects,'' after ``new 
                        fixed guideway capital projects''; and
                          (ii) by striking subparagraph (B) and 
                        inserting the following:
                  ``(B) 2 or more projects that are any 
                combination of new fixed guideway capital 
                projects, small start projects, and core 
                capacity improvement projects.''; and
                  (C) in paragraph (7)--
                          (i) in subparagraph (A), by striking 
                        ``$75,000,000'' and inserting 
                        ``$100,000,000''; and
                          (ii) in subparagraph (B), by striking 
                        ``$250,000,000'' and inserting 
                        ``$300,000,000'';
          (2) in subsection (d)--
                  (A) in paragraph (1)(B) by striking ``, 
                policies and land use patterns that promote 
                public transportation,''; and
                  (B) in paragraph (2)(A)--
                          (i) in clause (iii) by adding ``and'' 
                        after the semicolon;
                          (ii) by striking clause (iv); and
                          (iii) by redesignating clause (v) as 
                        clause (iv);
          (3) in subsection (g)(2)(A)(i) by striking ``the 
        policies and land use patterns that support public 
        transportation,'';
          (4) in subsection (h)(6)--
                  (A) by striking ``In carrying out'' and 
                inserting the following:
                  ``(A) In general.--In carrying out''; and
                  (B) by adding at the end the following:
                  ``(B) Optional early rating.--At the request 
                of the project sponsor, the Secretary shall 
                evaluate and rate the project in accordance 
                with paragraphs (4) and (5) and subparagraph 
                (A) of this paragraph upon completion of the 
                analysis required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).'';
          (5) in subsection (i)--
                  (A) in paragraph (1) by striking ``subsection 
                (d) or (e)'' and inserting ``subsection (d), 
                (e), or (h)'';
                  (B) in paragraph (2)--
                          (i) in the matter preceding 
                        subparagraph (A) by inserting ``new 
                        fixed guideway capital project or core 
                        capacity improvement'' after 
                        ``federally funded'';
                          (ii) by striking subparagraph (D) and 
                        inserting the following:
                  ``(D) the program of interrelated projects, 
                when evaluated as a whole--
                          ``(i) meets the requirements of 
                        subsection (d)(2), subsection (e)(2), 
                        or paragraphs (3) and (4) of subsection 
                        (h), as applicable, if the program is 
                        comprised entirely of--
                                  ``(I) new fixed guideway 
                                capital projects;
                                  ``(II) core capacity 
                                improvement projects; or
                                  ``(III) small start projects; 
                                or
                          ``(ii) meets the requirements of 
                        subsection (d)(2) if the program is 
                        comprised of any combination of new 
                        fixed guideway capital projects, small 
                        start projects, and core capacity 
                        improvement projects;''; and
                          (iii) in subparagraph (F), by 
                        inserting ``or subsection (h)(5), as 
                        applicable'' after ``subsection (f)''; 
                        and
                  (C) by striking paragraph (3)(A) and 
                inserting the following:
                  ``(A) Project advancement.--A project 
                receiving a grant under this section that is 
                part of a program of interrelated projects may 
                not advance--
                          ``(i) in the case of a small start 
                        project, from the project development 
                        phase to the construction phase unless 
                        the Secretary determines that the 
                        program of interrelated projects meets 
                        the applicable requirements of this 
                        section and there is a reasonable 
                        likelihood that the program will 
                        continue to meet such requirements; or
                          ``(ii) in the case of a new fixed 
                        guideway capital project or a core 
                        capacity improvement project, from the 
                        project development phase to the 
                        engineering phase, or from the 
                        engineering phase to the construction 
                        phase, unless the Secretary determines 
                        that the program of interrelated 
                        projects meets the applicable 
                        requirements of this section and there 
                        is a reasonable likelihood that the 
                        program will continue to meet such 
                        requirements.'';
          (6) in subsection (l)--
                  (A) by striking paragraph (1) and inserting 
                the following:
          ``(1) In general.--
                  ``(A) Estimation of net capital project 
                cost.--Based on engineering studies, studies of 
                economic feasibility, and information on the 
                expected use of equipment or facilities, the 
                Secretary shall estimate the net capital 
                project cost.
                  ``(B) Grants.--
                          ``(i) Grant for new fixed guideway 
                        capital project.--A grant for a new 
                        fixed guideway capital project shall 
                        not exceed 80 percent of the net 
                        capital project cost.
                          ``(ii) Full funding grant agreement 
                        for new fixed guideway capital 
                        project.--A full funding grant 
                        agreement for a new fixed guideway 
                        capital project shall not include a 
                        share of more than 60 percent from the 
                        funds made available under this 
                        section.
                          ``(iii) Grant for core capacity 
                        improvement project.--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.
                          ``(iv) Grant for small start 
                        project.--A grant for a small start 
                        project shall not exceed 80 percent of 
                        the net capital project costs.''; and
                  (B) by striking paragraph (4) and inserting 
                the following:
          ``(4) Remaining costs.--The remainder of the net 
        capital project costs shall be provided--
                  ``(A) in cash from non-Government sources;
                  ``(B) from revenues from the sale of 
                advertising and concessions; or
                  ``(C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or 
                reserve, or new capital.'';
          (7) by striking subsection (n) and inserting the 
        following:
  ``(n) Availability of amounts.--
          ``(1) In general.--An amount made available or 
        appropriated for a new fixed guideway capital project 
        or core capacity improvement project shall remain 
        available to that project for 4 fiscal years, including 
        the fiscal year in which the amount is made available 
        or appropriated. Any amounts that are unobligated to 
        the project at the end of the 4-fiscal-year period may 
        be used by the Secretary for any purpose under this 
        section.
          ``(2) Use of deobligated amounts.--An amount 
        available under this section that is deobligated may be 
        used for any purpose under this section.''; and
          (8) by adding at the end the following:
  ``(p) Special rule.--For the purposes of calculating the cost 
effectiveness of a project described in subsection (d) or (e), 
the Secretary shall not reduce or eliminate the capital costs 
of art and non-functional landscaping elements from the 
annualized capital cost calculation.
  ``(q) Joint Public Transportation and Intercity Passenger 
Rail Projects.--
          ``(1) In general.--The Secretary may make grants for 
        new fixed guideway capital projects and core capacity 
        improvement projects that provide both public 
        transportation and intercity passenger rail service.
          ``(2) Eligible costs.--Eligible costs for a project 
        under this subsection shall be limited to the net 
        capital costs of the public transportation costs 
        attributable to the project based on projected use of 
        the new segment or expanded capacity of the project 
        corridor, not including project elements designed to 
        achieve or maintain a state of good repair, as 
        determined by the Secretary under paragraph (4).
          ``(3) Project justification and local financial 
        commitment.--A project under this subsection shall be 
        evaluated for project justification and local financial 
        commitment under subsections (d), (e), (f), and (h), as 
        applicable to the project, based on--
                  ``(A) the net capital costs of the public 
                transportation costs attributable to the 
                project as determined under paragraph (4); and
                  ``(B) the share of funds dedicated to the 
                project from sources other than this section 
                included in the unified finance plan for the 
                project.
          ``(4) Calculation of net capital project cost.--The 
        Secretary shall estimate the net capital costs of a 
        project under this subsection based on--
                  ``(A) engineering studies;
                  ``(B) studies of economic feasibility;
                  ``(C) the expected use of equipment or 
                facilities; and
                  ``(D) the public transportation costs 
                attributable to the project.
          ``(5) Government share of net capital project cost.--
                  ``(A) Government share.--The Government share 
                shall not exceed 80 percent of the net capital 
                cost attributable to the public transportation 
                costs of a project under this subsection as 
                determined under paragraph (4).
                  ``(B) Non-government share.--The remainder of 
                the net capital cost attributable to the public 
                transportation costs of a project under this 
                subsection shall be provided from an 
                undistributed cash surplus, a replacement or 
                depreciation cash fund or reserve, or new 
                capital.''.
  [(b) Expedited Project Delivery for Capital Investment Grants 
Pilot Program.--
          [(1) Definitions.--In this subsection, the following 
        definitions shall apply:
                  [(A) Applicant.--The term ``applicant'' means 
                a State or local governmental authority that 
                applies for a grant under this subsection.
                  [(B) Capital project; fixed guideway; local 
                governmental authority; public transportation; 
                state; state of good repair.--The terms 
                ``capital project'', ``fixed guideway'', 
                ``local governmental authority'', ``public 
                transportation'', ``State'', and ``state of 
                good repair'' have the meanings given those 
                terms in section 5302 of title 49, United 
                States Code.
                  [(C) Core capacity improvement project.--The 
                term ``core capacity improvement project''--
                          [(i) means a substantial corridor-
                        based capital investment in an existing 
                        fixed guideway system that increases 
                        the capacity of a corridor by not less 
                        than 10 percent; and
                          [(ii) may include project elements 
                        designed to aid the existing fixed 
                        guideway system in making substantial 
                        progress towards achieving a state of 
                        good repair.
                  [(D) Corridor-based bus rapid transit 
                project.--The term ``corridor-based bus rapid 
                transit project'' means a small start project 
                utilizing buses in which the project represents 
                a substantial investment in a defined corridor 
                as demonstrated by features that emulate the 
                services provided by rail fixed guideway public 
                transportation systems--
                          [(i) including--
                                  [(I) defined stations;
                                  [(II) traffic signal priority 
                                for public transportation 
                                vehicles;
                                  [(III) short headway 
                                bidirectional services for a 
                                substantial part of weekdays; 
                                and
                                  [(IV) any other features the 
                                Secretary may determine support 
                                a long-term corridor 
                                investment; and
                          [(ii) the majority of which does not 
                        operate in a separated right-of-way 
                        dedicated for public transportation use 
                        during peak periods.
                  [(E) Eligible project.--The term ``eligible 
                project'' means a new fixed guideway capital 
                project, a small start project, or a core 
                capacity improvement project that has not 
                entered into a full funding grant agreement 
                with the Federal Transit Administration before 
                the date of enactment of this Act.
                  [(F) Fixed guideway bus rapid transit 
                project.--The term ``fixed guideway bus rapid 
                transit project'' means a bus capital project--
                          [(i) in which the majority of the 
                        project operates in a separated right-
                        of-way dedicated for public 
                        transportation use during peak periods;
                          [(ii) that represents a substantial 
                        investment in a single route in a 
                        defined corridor or subarea; and
                          [(iii) that includes features that 
                        emulate the services provided by rail 
                        fixed guideway public transportation 
                        systems, including--
                                  [(I) defined stations;
                                  [(II) traffic signal priority 
                                for public transportation 
                                vehicles;
                                  [(III) short headway 
                                bidirectional services for a 
                                substantial part of weekdays 
                                and weekend days; and
                                  [(IV) any other features the 
                                Secretary may determine are 
                                necessary to produce high-
                                quality public transportation 
                                services that emulate the 
                                services provided by rail fixed 
                                guideway public transportation 
                                systems.
                  [(G) New fixed guideway capital project.--The 
                term ``new fixed guideway capital project'' 
                means--
                          [(i) a fixed guideway capital project 
                        that is a minimum operable segment or 
                        extension to an existing fixed guideway 
                        system; or
                          [(ii) a fixed guideway bus rapid 
                        transit project that is a minimum 
                        operable segment or an extension to an 
                        existing bus rapid transit system.
                  [(H) Recipient.--The term ``recipient'' means 
                a recipient of funding under chapter 53 of 
                title 49, United States Code.
                  [(I) Small start project.--The term ``small 
                start project'' means a new fixed guideway 
                capital project, a fixed guideway bus rapid 
                transit project, or a corridor-based bus rapid 
                transit project for which--
                          [(i) the Federal assistance provided 
                        or to be provided under this subsection 
                        is less than $75,000,000; and
                          [(ii) the total estimated net capital 
                        cost is less than $300,000,000.
          [(2) General Authority.--The Secretary may make 
        grants under this subsection to States and local 
        governmental authorities to assist in financing--
                  [(A) new fixed guideway capital projects or 
                small start projects, including the acquisition 
                of real property, the initial acquisition of 
                rolling stock for the system, the acquisition 
                of rights-of-way, and relocation, for projects 
                in the advanced stages of planning and design; 
                and
                  [(B) core capacity improvement projects, 
                including the acquisition of real property, the 
                acquisition of rights-of-way, double tracking, 
                signalization improvements, electrification, 
                expanding system platforms, acquisition of 
                rolling stock associated with corridor 
                improvements increasing capacity, construction 
                of infill stations, and such other capacity 
                improvement projects as the Secretary 
                determines are appropriate to increase the 
                capacity of an existing fixed guideway system 
                corridor by not less than 10 percent. Core 
                capacity improvement projects do not include 
                elements to improve general station facilities 
                or parking, or acquisition of rolling stock 
                alone.
          [(3) Grant requirements.--
                  [(A) In general.--The Secretary may make not 
                more than 8 grants under this subsection for 
                eligible projects if the Secretary determines 
                that--
                          [(i) the eligible project is part of 
                        an approved transportation plan 
                        required under sections 5303 and 5304 
                        of title 49, United States Code;
                          [(ii) the applicant has, or will 
                        have--
                                  [(I) the legal, financial, 
                                and technical capacity to carry 
                                out the eligible project, 
                                including the safety and 
                                security aspects of the 
                                eligible project;
                                  [(II) satisfactory continuing 
                                control over the use of the 
                                equipment or facilities;
                                  [(III) the technical and 
                                financial capacity to maintain 
                                new and existing equipment and 
                                facilities; and
                                  [(IV) advisors providing 
                                guidance to the applicant on 
                                the terms and structure of the 
                                project that are independent 
                                from investors in the project;
                          [(iii) the eligible project is 
                        supported, or will be supported, in 
                        part, through a public-private 
                        partnership, provided such support is 
                        determined by local policies, criteria, 
                        and decisionmaking under section 
                        5306(a) of title 49, United States 
                        Code;
                          [(iv) the eligible project is 
                        justified based on findings presented 
                        by the project sponsor to the 
                        Secretary, including--
                                  [(I) mobility improvements 
                                attributable to the project;
                                  [(II) environmental benefits 
                                associated with the project;
                                  [(III) congestion relief 
                                associated with the project;
                                  [(IV) economic development 
                                effects derived as a result of 
                                the project; and
                                  [(V) estimated ridership 
                                projections;
                          [(v) the eligible project is 
                        supported by an acceptable degree of 
                        local financial commitment (including 
                        evidence of stable and dependable 
                        financing sources); and
                          [(vi) the eligible project will be 
                        operated and maintained by employees of 
                        an existing provider of fixed guideway 
                        or bus rapid transit public 
                        transportation in the service area of 
                        the project, or if none exists, by 
                        employees of an existing public 
                        transportation provider in the service 
                        area.
                  [(B) Certification.--An applicant that has 
                submitted the certifications required under 
                subparagraphs (A), (B), (C), and (H) of section 
                5307(c)(1) of title 49, United States Code, 
                shall be deemed to have provided sufficient 
                information upon which the Secretary may make 
                the determinations required under this 
                paragraph.
                  [(C) Technical capacity.--The Secretary shall 
                use an expedited technical capacity review 
                process for applicants that have recently and 
                successfully completed not less than 1 new 
                fixed guideway capital project, small start 
                project, or core capacity improvement project, 
                if--
                          [(i) the applicant achieved budget, 
                        cost, and ridership outcomes for the 
                        project that are consistent with or 
                        better than projections; and
                          [(ii) the applicant demonstrates that 
                        the applicant continues to have the 
                        staff expertise and other resources 
                        necessary to implement a new project.
                  [(D) Financial commitment.--
                          [(i) Requirements.--In determining 
                        whether an eligible project is 
                        supported by an acceptable degree of 
                        local financial commitment and shows 
                        evidence of stable and dependable 
                        financing sources for purposes of 
                        subparagraph (A)(v), the Secretary 
                        shall require that--
                                  [(I) each proposed source of 
                                capital and operating financing 
                                is stable, reliable, and 
                                available within the proposed 
                                eligible project timetable; and
                                  [(II) resources are available 
                                to recapitalize, maintain, and 
                                operate the overall existing 
                                and proposed public 
                                transportation system, 
                                including essential feeder bus 
                                and other services necessary, 
                                without degradation to the 
                                existing level of public 
                                transportation services.
                          [(ii) Considerations.--In assessing 
                        the stability, reliability, and 
                        availability of proposed sources of 
                        financing under clause (i), the 
                        Secretary shall consider--
                                  [(I) the reliability of the 
                                forecasting methods used to 
                                estimate costs and revenues 
                                made by the applicant and the 
                                contractors to the applicant;
                                  [(II) existing grant 
                                commitments;
                                  [(III) the degree to which 
                                financing sources are dedicated 
                                to the proposed eligible 
                                project;
                                  [(IV) any debt obligation 
                                that exists or is proposed by 
                                the applicant, for the proposed 
                                eligible project or other 
                                public transportation purpose; 
                                and
                                  [(V) private contributions to 
                                the eligible project, including 
                                cost-effective project 
                                delivery, management or 
                                transfer of project risks, 
                                expedited project schedule, 
                                financial partnering, and other 
                                public-private partnership 
                                strategies.
                  [(E) Labor standards.--The requirements under 
                section 5333 of title 49, United States Code, 
                shall apply to each recipient of a grant under 
                this subsection.
          [(4) Project advancement.--An applicant that desires 
        a grant under this subsection and meets the 
        requirements of paragraph (3) shall submit to the 
        Secretary, and the Secretary shall approve for 
        advancement, a grant request that contains--
                  [(A) identification of an eligible project;
                  [(B) a schedule and finance plan for the 
                construction and operation of the eligible 
                project;
                  [(C) an analysis of the efficiencies of the 
                proposed eligible project development and 
                delivery methods and innovative financing 
                arrangement for the eligible project, including 
                any documents related to the--
                          [(i) public-private partnership 
                        required under paragraph (3)(A)(iii); 
                        and
                          [(ii) project justification required 
                        under paragraph (3)(A)(iv); and
                  [(D) a certification that the existing public 
                transportation system of the applicant or, in 
                the event that the applicant does not operate a 
                public transportation system, the public 
                transportation system to which the proposed 
                project will be attached, is in a state of good 
                repair.
          [(5) Written notice from the secretary.--
                  [(A) In general.--Not later than 120 days 
                after the date on which the Secretary receives 
                a grant request of an applicant under paragraph 
                (4), the Secretary shall provide written notice 
                to the applicant--
                          [(i) of approval of the grant 
                        request; or
                          [(ii) if the grant request does not 
                        meet the requirements under paragraph 
                        (4), of disapproval of the grant 
                        request, including a detailed 
                        explanation of the reasons for the 
                        disapproval.
                  [(B) Concurrent notice.--The Secretary shall 
                provide concurrent notice of an approval or 
                disapproval of a grant request under 
                subparagraph (A) to the Committee on Banking, 
                Housing, and Urban Affairs of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives.
          [(6) Waiver.--The Secretary may grant a waiver to an 
        applicant that does not comply with paragraph (4)(D) 
        if--
                  [(A) the eligible project meets the 
                definition of a core capacity improvement 
                project; and
                  [(B) the Secretary certifies that the 
                eligible project will allow the applicant to 
                make substantial progress in achieving a state 
                of good repair.
          [(7) Selection criteria.--The Secretary may enter 
        into a full funding grant agreement with an applicant 
        under this subsection for an eligible project for which 
        an application has been submitted and approved for 
        advancement by the Secretary under paragraph (4), only 
        if the applicant has completed the planning and 
        activities required under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
          [(8) Letters of intent and full funding grant 
        agreements.--
                  [(A) Letters of Intent.--
                          [(i) Amounts intended to be 
                        obligated.--The Secretary may issue a 
                        letter of intent to an applicant 
                        announcing an intention to obligate, 
                        for an eligible project under this 
                        subsection, an amount from future 
                        available budget authority specified in 
                        law that is not more than the amount 
                        stipulated as the financial 
                        participation of the Secretary in the 
                        eligible project. When a letter is 
                        issued for an eligible project under 
                        this subsection, the amount shall be 
                        sufficient to complete at least an 
                        operable segment.
                          [(ii) Treatment.--The issuance of a 
                        letter under clause (i) is deemed not 
                        to be an obligation under section 
                        1108(c), 1501, or 1502(a) of title 31, 
                        United States Code, or an 
                        administrative commitment.
                  [(B) Full funding grant agreements.--
                          [(i) In general.--Except as provided 
                        in clause (v), an eligible project 
                        shall be carried out under this 
                        subsection through a full funding grant 
                        agreement.
                          [(ii) Criteria.--The Secretary shall 
                        enter into a full funding grant 
                        agreement, based on the requirements of 
                        this subparagraph, with each applicant 
                        receiving assistance for an eligible 
                        project that has received a written 
                        notice of approval under paragraph 
                        (5)(A)(i).
                          [(iii) Terms.--A full funding grant 
                        agreement shall--
                                  [(I) establish the terms of 
                                participation by the Federal 
                                Government in the eligible 
                                project;
                                  [(II) establish the maximum 
                                amount of Federal financial 
                                assistance for the eligible 
                                project;
                                  [(III) include the period of 
                                time for completing 
                                construction of the eligible 
                                project, consistent with the 
                                terms of the public-private 
                                partnership agreement, even if 
                                that period extends beyond the 
                                period of an authorization; and
                                  [(IV) make timely and 
                                efficient management of the 
                                eligible project easier 
                                according to the law of the 
                                United States.
                          [(iv) Special financial rules.--
                                  [(I) In general.--A full 
                                funding grant agreement under 
                                this subparagraph obligates an 
                                amount of available budget 
                                authority specified in law and 
                                may include a commitment, 
                                contingent on amounts to be 
                                specified in law in advance for 
                                commitments under this 
                                subparagraph, to obligate an 
                                additional amount from future 
                                available budget authority 
                                specified in law.
                                  [(II) Statement of contingent 
                                commitment.--A full funding 
                                grant agreement shall state 
                                that the contingent commitment 
                                is not an obligation of the 
                                Federal Government.
                                  [(III) Interest and other 
                                financing costs.--Interest and 
                                other financing costs of 
                                efficiently carrying out a part 
                                of the eligible project within 
                                a reasonable time are a cost of 
                                carrying out the eligible 
                                project under a full funding 
                                grant agreement, except that 
                                eligible costs may not be more 
                                than the cost of the most 
                                favorable financing terms 
                                reasonably available for the 
                                eligible project at the time of 
                                borrowing. The applicant shall 
                                certify, in a way satisfactory 
                                to the Secretary, that the 
                                applicant has shown reasonable 
                                diligence in seeking the most 
                                favorable financing terms.
                                  [(IV) Completion of operable 
                                segment.--The amount stipulated 
                                in an agreement under this 
                                subparagraph for a new fixed 
                                guideway capital project, core 
                                capacity improvement project, 
                                or small start project shall be 
                                sufficient to complete at least 
                                an operable segment.
                          [(v) Exception.--
                                  [(I) In general.--The 
                                Secretary, to the maximum 
                                extent practicable, shall 
                                provide Federal assistance 
                                under this subsection for a 
                                small start project in a single 
                                grant. If the Secretary cannot 
                                provide such a single grant, 
                                the Secretary may execute an 
                                expedited grant agreement in 
                                order to include a commitment 
                                on the part of the Secretary to 
                                provide funding for the project 
                                in future fiscal years.
                                  [(II) Terms of expedited 
                                grant agreements.--In executing 
                                an expedited grant agreement 
                                under this clause, the 
                                Secretary may include in the 
                                agreement terms similar to 
                                those established under clause 
                                (iii).
                  [(C) Limitation on amounts.--
                          [(i) In general.--The Secretary may 
                        enter into full funding grant 
                        agreements under this paragraph for 
                        eligible projects that contain 
                        contingent commitments to incur 
                        obligations in such amounts as the 
                        Secretary determines are appropriate.
                          [(ii) Appropriation required.--An 
                        obligation may be made under this 
                        paragraph only when amounts are 
                        appropriated for obligation.
                  [(D) Notification to congress.--
                          [(i) In general.--Not later than 30 
                        days before the date on which the 
                        Secretary issues a letter of intent or 
                        enters into a full funding grant 
                        agreement for an eligible project under 
                        this paragraph, the Secretary shall 
                        notify, in writing, the Committee on 
                        Banking, Housing, and Urban Affairs and 
                        the Committee on Appropriations of the 
                        Senate and the Committee on 
                        Transportation and Infrastructure and 
                        the Committee on Appropriations of the 
                        House of Representatives of the 
                        proposed letter of intent or full 
                        funding grant agreement.
                          [(ii) Contents.--The written 
                        notification under clause (i) shall 
                        include a copy of the proposed letter 
                        of intent or full funding grant 
                        agreement for the eligible project.
          [(9) Government share of net capital project cost.--
                  [(A) In general.--A grant for an eligible 
                project shall not exceed 25 percent of the net 
                capital project cost.
                  [(B) Remainder of net capital project cost.--
                The remainder of the net capital project cost 
                shall be provided from an undistributed cash 
                surplus, a replacement or depreciation cash 
                fund or reserve, or new capital.
                  [(C) Limitation on statutory construction.--
                Nothing in this subsection shall be construed 
                as authorizing the Secretary to require a non-
                Federal financial commitment for a project that 
                is more than 75 percent of the net capital 
                project cost.
                  [(D) Special rule for rolling stock costs.--
                In addition to amounts allowed pursuant to 
                subparagraph (A), a planned extension to a 
                fixed guideway system may include the cost of 
                rolling stock previously purchased if the 
                applicant satisfies the Secretary that only 
                amounts other than amounts provided by the 
                Federal Government were used and that the 
                purchase was made for use on the extension. A 
                refund or reduction of the remainder may be 
                made only if a refund of a proportional amount 
                of the grant of the Federal Government is made 
                at the same time.
                  [(E) Failure to carry out project.--If an 
                applicant does not carry out an eligible 
                project for reasons within the control of the 
                applicant, the applicant shall repay all 
                Federal funds awarded for the eligible project 
                from all Federal funding sources, for all 
                eligible project activities, facilities, and 
                equipment, plus reasonable interest and penalty 
                charges allowable by law.
                  [(F) Crediting of funds received.--Any funds 
                received by the Federal Government under this 
                paragraph, other than interest and penalty 
                charges, shall be credited to the appropriation 
                account from which the funds were originally 
                derived.
          [(10) Availability of Amounts.--
                  [(A) In general.--An amount made available 
                for an eligible project shall remain available 
                to that eligible project for 4 fiscal years, 
                including the fiscal year in which the amount 
                is made available. Any amounts that are 
                unobligated to the eligible project at the end 
                of the 4-fiscal-year period may be used by the 
                Secretary for any purpose under this 
                subsection.
                  [(B) Use of deobligated amounts.--An amount 
                available under this subsection that is 
                deobligated may be used for any purpose under 
                this subsection.
          [(11) Annual report on expedited project delivery for 
        capital investment grants.--Not later than the first 
        Monday in February of each year, the Secretary shall 
        submit to the Committee on Banking, Housing, and Urban 
        Affairs and the Committee on Appropriations of the 
        Senate and the Committee on Transportation and 
        Infrastructure and the Committee on Appropriations of 
        the House of Representatives a report that includes a 
        proposed amount to be available to finance grants for 
        anticipated projects under this subsection.
          [(12) Before and after study and report.--
                  [(A) Study required.--Each recipient shall 
                conduct a study that--
                          [(i) describes and analyzes the 
                        impacts of the eligible project on 
                        public transportation services and 
                        public transportation ridership;
                          [(ii) describes and analyzes the 
                        consistency of predicted and actual 
                        benefits and costs of the innovative 
                        project development and delivery 
                        methods or innovative financing for the 
                        eligible project; and
                          [(iii) identifies reasons for any 
                        differences between predicted and 
                        actual outcomes for the eligible 
                        project.
                  [(B) Submission of report.--Not later than 2 
                years after an eligible project that is 
                selected under this subsection begins revenue 
                operations, the recipient shall submit to the 
                Secretary a report on the results of the study 
                conducted under subparagraph (A).
          [(13) Rule of construction.--Nothing in this 
        subsection shall be construed to--
                  [(A) require the privatization of the 
                operation or maintenance of any project for 
                which an applicant seeks funding under this 
                subsection;
                  [(B) revise the determinations by local 
                policies, criteria, and decisionmaking under 
                section 5306(a) of title 49, United States 
                Code;
                  [(C) alter the requirements for locally 
                developed, coordinated, and implemented 
                transportation plans under sections 5303 and 
                5304 of title 49, United States Code; or
                  [(D) alter the eligibilities or priorities 
                for assistance under this subsection or section 
                5309 of title 49, United States Code.]

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SEC. 3019. INNOVATIVE PROCUREMENT.

  (a) Definition.--In this section, the term ``grantee'' means 
a recipient or subrecipient of assistance under chapter 53 of 
title 49, United States Code.
  (b) Cooperative Procurement.--
          (1) Definitions; general rules.--
                  (A) Definitions.--In this subsection--
                          (i) the term ``cooperative 
                        procurement contract'' means a 
                        contract--
                                  (I) entered into between a 
                                State government or eligible 
                                nonprofit entity and 1 or more 
                                vendors; and
                                  (II) under which the vendors 
                                agree to provide an option to 
                                purchase rolling stock and 
                                related equipment to multiple 
                                participants;
                          (ii) the term ``eligible nonprofit 
                        entity'' means--
                                  (I) a nonprofit cooperative 
                                purchasing organization that is 
                                not a grantee; or
                                  (II) a consortium of entities 
                                described in subclause (I);
                          (iii) the terms ``lead nonprofit 
                        entity'' and ``lead procurement 
                        agency'' mean an eligible nonprofit 
                        entity or a State government, 
                        respectively, that acts in an 
                        administrative capacity on behalf of 
                        each participant in a cooperative 
                        procurement contract;
                          (iv) the term ``participant'' means a 
                        grantee that participates in a 
                        cooperative procurement contract; and
                          (v) the term ``participate'' means to 
                        purchase rolling stock and related 
                        equipment under a cooperative 
                        procurement contract using assistance 
                        provided under chapter 53 of title 49, 
                        United States Code.
                  (B) General rules.--
                          (i) Procurement not limited to 
                        intrastate participants.--A grantee may 
                        participate in a cooperative 
                        procurement contract without regard to 
                        whether the grantee is located in the 
                        same State as the parties to the 
                        contract.
                          (ii) Voluntary participation.--
                        Participation by grantees in a 
                        cooperative procurement contract shall 
                        be voluntary.
                          (iii) Contract terms.--The lead 
                        procurement agency or lead nonprofit 
                        entity for a cooperative procurement 
                        contract shall develop the terms of the 
                        contract.
                          (iv) Duration.--A cooperative 
                        procurement contract--
                                  (I) subject to subclauses 
                                (II) and (III), may be for an 
                                initial term of not more than 2 
                                years;
                                  (II) may include not more 
                                than 3 optional extensions for 
                                terms of not more than 1 year 
                                each; and
                                  (III) may be in effect for a 
                                total period of not more than 5 
                                years, including each extension 
                                authorized under subclause 
                                (II).
                          (v) Administrative expenses.--A lead 
                        procurement agency or lead nonprofit 
                        entity, as applicable, that enters into 
                        a cooperative procurement contract--
                                  (I) may charge the 
                                participants in the contract 
                                for the cost of administering, 
                                planning, and providing 
                                technical assistance for the 
                                contract in an amount that is 
                                not more than 1 percent of the 
                                total value of the contract; 
                                and
                                  (II) with respect to the cost 
                                described in subclause (I), may 
                                incorporate the cost into the 
                                price of the contract or 
                                directly charge the 
                                participants for the cost, but 
                                not both.
          (2) State cooperative procurement schedules.--
                  (A) Authority.--A State government may enter 
                into a cooperative procurement contract with 1 
                or more vendors if--
                          (i) the vendors agree to provide an 
                        option to purchase rolling stock and 
                        related equipment to the State 
                        government and any other participant; 
                        and
                          (ii) the State government acts 
                        throughout the term of the contract as 
                        the lead procurement agency.
                  (B) Applicability of policies and 
                procedures.--In procuring rolling stock and 
                related equipment under a cooperative 
                procurement contract under this subsection, a 
                State government shall comply with the policies 
                and procedures that apply to procurement by the 
                State government when using non-Federal funds, 
                to the extent that the policies and procedures 
                are in conformance with applicable Federal law.
          (3) Pilot program for nonprofit cooperative 
        procurements.--
                  (A) Establishment.--The Secretary shall 
                establish and carry out a pilot program to 
                demonstrate the effectiveness of cooperative 
                procurement contracts administered by eligible 
                nonprofit entities.
                  (B) Designation.--In carrying out the program 
                under this paragraph, the Secretary shall 
                designate not less than 3 eligible nonprofit 
                entities to enter into a cooperative 
                procurement contract under which the eligible 
                nonprofit entity acts throughout the term of 
                the contract as the lead nonprofit entity.
                  (C) Notice of intent to participate.--At a 
                time determined appropriate by the lead 
                nonprofit entity, each participant in a 
                cooperative procurement contract under this 
                paragraph shall submit to the lead nonprofit 
                entity a nonbinding notice of intent to 
                participate.
          (4) Joint procurement clearinghouse.--
                  (A) In general.--The Secretary shall 
                establish a clearinghouse for the purpose of 
                allowing grantees to aggregate planned rolling 
                stock purchases and identify joint procurement 
                participants.
                  (B) Nonprofit consultation.--In establishing 
                the clearinghouse under subparagraph (A), the 
                Secretary may consult with nonprofit entities 
                with expertise in public transportation or 
                procurement, and other stakeholders as the 
                Secretary determines appropriate.
                  (C) Information on procurements.--The 
                clearinghouse may include information on bus 
                size, engine type, floor type, and any other 
                attributes necessary to identify joint 
                procurement participants.
                  (D) Limitations.--
                          (i) Access.--The clearinghouse shall 
                        only be accessible to the Federal 
                        Transit Administration, a nonprofit 
                        entity coordinating for such 
                        clearinghouse with the Secretary, and 
                        grantees.
                          (ii) Participation.--No grantee shall 
                        be required to submit procurement 
                        information to the database.
  (c) Leasing Arrangements.--
          (1) Capital lease defined.--
                  (A) In general.--In this subsection, the term 
                ``capital lease'' means any agreement under 
                which a grantee acquires the right to use 
                rolling stock or related equipment for a 
                specified period of time, in exchange for a 
                periodic payment.
                  (B) Maintenance.--A capital lease may require 
                that the lessor provide maintenance of the 
                rolling stock or related equipment covered by 
                the lease.
          (2) Program to support innovative leasing 
        arrangements.--
                  (A) Authority.--A grantee may use assistance 
                provided under chapter 53 of title 49, United 
                States Code, to enter into a capital lease if--
                          (i) the rolling stock or related 
                        equipment covered under the lease is 
                        eligible for capital assistance under 
                        such chapter; and
                          (ii) there is or will be no Federal 
                        interest in the rolling stock or 
                        related equipment covered under the 
                        lease as of the date on which the lease 
                        takes effect.
                  (B) Grantee requirements.--A grantee that 
                enters into a capital lease shall--
                          (i) maintain an inventory of the 
                        rolling stock or related equipment 
                        acquired under the lease; and
                          (ii) maintain on the accounting 
                        records of the grantee the liability of 
                        the grantee under the lease.
                  (C) Eligible lease costs.--The costs for 
                which a grantee may use assistance under 
                chapter 53 of title 49, United States Code, 
                with respect to a capital lease, include--
                          (i) the cost of the rolling stock or 
                        related equipment;
                          (ii) associated financing costs, 
                        including interest, legal fees, and 
                        financial advisor fees;
                          (iii) ancillary costs such as 
                        delivery and installation charges; and
                          (iv) maintenance costs.
                  (D) Terms.--A grantee shall negotiate the 
                terms of any lease agreement that the grantee 
                enters into.
                  (E) Applicability of procurement 
                requirements.--
                          (i) Lease requirements.--Part 639 of 
                        title 49, Code of Federal Regulations, 
                        or any successor regulation, and 
                        implementing guidance applicable to 
                        leasing shall not apply to a capital 
                        lease.
                          (ii) Buy America.--The requirements 
                        under section [5323(j)] 5320 of title 
                        49, United States Code, shall apply to 
                        a capital lease.
          (3) Capital leasing of certain zero emission vehicle 
        components.--
                  (A) Definitions.--In this paragraph--
                          (i) the term ``removable power 
                        source''--
                                  (I) means a power source that 
                                is separately installed in, and 
                                removable from, a zero emission 
                                vehicle; and
                                  (II) may include a battery, a 
                                fuel cell, an ultra-capacitor, 
                                or other advanced power source 
                                used in a zero emission 
                                vehicle; and
                          (ii) the term ``zero emission 
                        vehicle'' has the meaning given the 
                        term in section 5339(c) of title 49, 
                        United States Code.
                  (B) Leased power sources.--Notwithstanding 
                any other provision of law, for purposes of 
                this subsection, the cost of a removable power 
                source that is necessary for the operation of a 
                zero emission vehicle shall not be treated as 
                part of the cost of the vehicle if the 
                removable power source is acquired using a 
                capital lease.
                  (C) Eligible capital lease.--A grantee may 
                acquire a removable power source by itself 
                through a capital lease.
                  (D) Procurement regulations.--For purposes of 
                this section, a removable power source shall be 
                subject to section 200.88 of title 2, Code of 
                Federal Regulations.
          (4) Reporting requirement.--Not later than 3 years 
        after the date on which a grantee enters into a capital 
        lease under this subsection, the grantee shall submit 
        to the Secretary a report that contains--
                  (A) an evaluation of the overall costs and 
                benefits of leasing rolling stock; and
                  (B) a comparison of the expected short-term 
                and long-term maintenance costs of leasing 
                versus buying rolling stock.
          (5) Report.--The Secretary shall make publicly 
        available an annual report on 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 this subsection, and evaluation of 
        the program including the evaluation of the data 
        reported in paragraph (4).
  (d) Buy america.--The requirements of section 5323(j) of 
title 49, United States Code, shall apply to all procurements 
under this section.

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TITLE IV--HIGHWAY TRAFFIC SAFETY

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SEC. 4007. STOP MOTORCYCLE CHECKPOINT FUNDING.

  Notwithstanding section 153 of title 23, United States Code, 
the Secretary may not provide a grant or any funds to a State, 
county, town, township, Indian tribe, municipality, or other 
local government that may be used for any program--
          (1) to check helmet usage; [or]
          (2) to create checkpoints that specifically target 
        motorcycle operators or motorcycle passengers[.]; or
          (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. 4010. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.

  Not later than 60 days after the date on which the Secretary 
awards grants under section 405 of title 23, United States 
Code, the Secretary shall make available on a publicly 
available Internet Web site of the Department of 
Transportation--
          (1) an identification of--
                  (A) the States that were awarded grants under 
                such section;
                  (B) the States that applied and were not 
                awarded grants under such section; and
                  (C) the States that did not apply for a grant 
                under such section; and
          (2) a list of [deficiencies] all deficiencies that 
        made a State ineligible for a grant under such section 
        for each State under paragraph (1)(B).

           *       *       *       *       *       *       *


TITLE V--MOTOR CARRIER SAFETY

           *       *       *       *       *       *       *


Subtitle B--Federal Motor Carrier Safety Administration Reform

           *       *       *       *       *       *       *


PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM

           *       *       *       *       *       *       *


[SEC. 5223. DATA CERTIFICATION.

  [(a) In general.--On and after the date that is 1 day after 
the date of enactment of this Act, no information regarding 
analysis of violations, crashes in which a determination is 
made that the motor carrier or the commercial motor vehicle 
driver is not at fault, alerts, or the relative percentile for 
each BASIC developed under the CSA program may be made 
available to the general public until the Inspector General of 
the Department certifies that--
          [(1) the report required under section 5221(c) has 
        been submitted in accordance with that section;
          [(2) any deficiencies identified in the report 
        required under section 5221(c) have been addressed;
          [(3) if applicable, the corrective action plan under 
        section 5221(d) has been implemented;
          [(4) the Administrator of the Federal Motor Carrier 
        Safety Administration has fully implemented or 
        satisfactorily addressed the issues raised in the 
        report titled ``Modifying the Compliance, Safety, 
        Accountability Program Would Improve the Ability to 
        Identify High Risk Carriers'' of the Government 
        Accountability Office and dated February 2014 (GAO-14-
        114); and
          [(5) the Secretary has initiated modification of the 
        CSA program in accordance with section 5222.
  [(b) Limitation on the Use of CSA Analysis.--Information 
regarding alerts and the relative percentile for each BASIC 
developed under the CSA program may not be used for safety 
fitness determinations until the Inspector General of the 
Department makes the certification under subsection (a).
  [(c) Continued Public Availability of Data.--Notwithstanding 
any other provision of this section, inspection and violation 
information submitted to the Federal Motor Carrier Safety 
Administration by commercial motor vehicle inspectors and 
qualified law enforcement officials, out-of-service rates, and 
absolute measures shall remain available to the public.
  [(d) Exceptions.--
          [(1) In general.--Notwithstanding any other provision 
        of this section--
                  [(A) the Federal Motor Carrier Safety 
                Administration and State and local commercial 
                motor vehicle enforcement agencies may use the 
                information referred to in subsection (a) for 
                purposes of investigation and enforcement 
                prioritization;
                  [(B) a motor carrier and a commercial motor 
                vehicle driver may access information referred 
                to in subsection (a) that relates directly to 
                the motor carrier or driver, respectively; and
                  [(C) a data analysis of motorcoach operators 
                may be provided online with a notation 
                indicating that the ratings or alerts listed 
                are not intended to imply any Federal safety 
                rating of the carrier.
          [(2) Notation.--The notation described in paragraph 
        (1)(C) shall include the following: ``Readers should 
        not draw conclusions about a carrier's overall safety 
        condition simply based on the data displayed in this 
        system. Unless a motor carrier has received an 
        UNSATISFACTORY safety rating under part 385 of title 
        49, Code of Federal Regulations, or has otherwise been 
        ordered to discontinue operations by the Federal Motor 
        Carrier Safety Administration, it is authorized to 
        operate on the Nation's roadways.''.
          [(3) Rule of construction.--Nothing in this section 
        may be construed to restrict the official use by State 
        enforcement agencies of the data collected by State 
        enforcement personnel.]

           *       *       *       *       *       *       *


TITLE VI--INNOVATION

           *       *       *       *       *       *       *


SEC. 6020. SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES.

  (a) In general.--The Secretary shall establish a program to 
provide grants to States to demonstrate user-based alternative 
revenue mechanisms that utilize a user fee structure to 
maintain the long-term solvency of the Highway Trust Fund.
  [(b) 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.]
  (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.
  (c) Objectives.--The Secretary shall ensure that the 
activities carried out using funds provided under this section 
meet the following objectives:
          (1) To test the design, acceptance, and 
        implementation of [2 or more future] user-based 
        alternative revenue mechanisms.
          (2) To improve the functionality of such user-based 
        alternative revenue mechanisms.
          (3) To conduct outreach to increase public awareness 
        regarding the need for alternative funding sources for 
        surface transportation programs and to provide 
        information on possible approaches.
          (4) To provide recommendations regarding adoption and 
        implementation of user-based alternative revenue 
        mechanisms.
          (5) To minimize the administrative cost of any 
        potential user-based alternative revenue mechanisms.
          (6) To test solutions to ensure the privacy and 
        security of data collected for the purpose of 
        implementing a user-based alternative revenue 
        mechanism.
  (d) Use of Funds.--A State or group of States receiving funds 
under this section [to test the design, acceptance, and 
implementation of a user-based alternative revenue mechanism] 
to test the design and acceptance of, or implement, a user-
based alternative revenue mechanism--
          (1) shall address--
                  (A) the implementation, interoperability, 
                public acceptance, and other potential hurdles 
                to the adoption of the user-based alternative 
                revenue mechanism;
                  (B) the protection of personal privacy;
                  (C) the use of independent and private third-
                party vendors to collect fees and operate the 
                user-based alternative revenue mechanism;
                  (D) market-based congestion mitigation, if 
                appropriate;
                  (E) equity concerns, including the impacts of 
                the user-based alternative revenue mechanism on 
                differing income groups, various geographic 
                areas, and the relative burdens on rural and 
                urban drivers;
                  (F) ease of compliance for different users of 
                the transportation system; and
                  (G) the reliability and security of 
                technology used to implement the user-based 
                alternative revenue mechanism; and
          (2) may address--
                  (A) the flexibility and choices of user-based 
                alternative revenue mechanisms, including the 
                ability of users to select from various 
                technology and payment options;
                  (B) the cost of administering the user-based 
                alternative revenue mechanism; and
                  (C) the ability of the administering entity 
                to audit and enforce user compliance.
  (e) Consideration.--The Secretary shall consider geographic 
diversity in awarding grants under this section.
  (f) Limitations on Revenue Collected.--Any revenue collected 
through a user-based alternative revenue mechanism established 
using funds provided under this section shall not be considered 
a toll under section 301 of title 23, United States Code.
  (g) Federal Share.--The Federal share of the cost of an 
activity carried out under this section may not exceed [50 
percent] 80 percent of the total cost of the activity.
  (h) Report to secretary.--Not later than 1 year after the 
date on which the first eligible entity receives a grant under 
this section, and each year thereafter, each recipient of a 
grant under this section shall submit to the Secretary a report 
that describes--
          (1) how the demonstration activities carried out with 
        grant funds meet the objectives described in subsection 
        (c); and
          (2) lessons learned for future deployment of 
        alternative revenue mechanisms that utilize a user fee 
        structure.
  (i) Biennial Reports.--Not later than 2 years after the date 
of enactment of this Act, and every 2 years thereafter until 
the completion of the demonstration activities under this 
section, the Secretary shall make available to the public on an 
Internet website a report describing the progress of the 
demonstration activities and containing a determination of the 
characteristics of the most successful mechanisms with the 
highest potential for future widespread deployment.
  [(j) Funding.--Of the funds authorized to carry out section 
503(b) of title 23, United States Code--
          [(1) $15,000,000 shall be used to carry out this 
        section for fiscal year 2016; and
          [(2) $20,000,000 shall be used to carry out this 
        section for each of fiscal years 2017 through 2020.
  [(k) Grant flexibility.--If, by August 1 of each fiscal year, 
the Secretary determines that there are not enough grant 
applications that meet the requirements of this section for a 
fiscal year, Secretary shall transfer to the program under 
section 503(b) of title 23, United States Code--
          [(1) any of the funds reserved for the fiscal year 
        under subsection (j) that the Secretary has not yet 
        awarded under this section; and
          [(2) an amount of obligation limitation equal to the 
        amount of funds that the Secretary transfers under 
        paragraph (1).]
  (j) Funding.--Of amounts made available to carry out this 
section--
          (1) for fiscal year 2023, $17,500,000 shall be used 
        to carry out projects under subsection (b)(2)(A) and 
        $17,500,000 shall be used to carry out projects under 
        subsection (b)(2)(B);
          (2) for fiscal year 2024, $15,000,000 shall be used 
        to carry out projects under subsection (b)(2)(A) and 
        $20,000,000 shall be used to carry out projects under 
        subsection (b)(2)(B);
          (3) for fiscal year 2025, $12,500,000 shall be used 
        to carry out projects under subsection (b)(2)(A) and 
        $22,500,000 shall be used to carry out projects under 
        subsection (b)(2)(B); and
          (4) for fiscal year 2026, $10,000,000 shall be used 
        to carry out projects under subsection (b)(2)(A) and 
        $25,000,000 shall be used to carry out projects under 
        subsection (b)(2)(B).
  (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. 6028. 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 of title 23, United States Code).
  [(b) Inclusions.--The data analysis activities authorized 
under subsection (a) may include--
          [(1) collecting and distributing vehicle probe data 
        describing traffic on Federal-aid highways;
          [(2) collecting household travel behavior data to 
        assess local and cross-jurisdictional travel, including 
        to accommodate external and through travel;
          [(3) 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;
          [(4) enhancing existing data analysis tools to 
        improve performance predictions and travel models in 
        reports described in section 150(e) of title 23, United 
        States Code; and
          [(5) developing tools--
                  [(A) to improve performance analysis; and
                  [(B) to evaluate the effects of project 
                investments on performance.
  [(c) Funding.--From amounts authorized to carry out the 
Highway Research and Development Program, the Administrator of 
the Federal Highway Administration may use up to $10,000,000 
for each of fiscal years 2016 through 2020 to carry out this 
section.]

           *       *       *       *       *       *       *

                              ----------                              


             TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the 
``Transportation Equity Act for the 21st Century''.
  (b) Table of Contents.--The table of contents of this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                      TITLE I--FEDERAL-AID HIGHWAYS

     * * * * * * *

                     Subtitle B--General Provisions

     * * * * * * *
[Sec. 1216. Innovative surface transportation financing methods.]

           *       *       *       *       *       *       *


TITLE I--FEDERAL-AID HIGHWAYS

           *       *       *       *       *       *       *


Subtitle B--General Provisions

           *       *       *       *       *       *       *


[SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.

           *       *       *       *       *       *       *


  [(b) Interstate System Reconstruction and Rehabilitation 
Pilot Program.--
          [(1) Establishment.--The Secretary shall establish 
        and implement an Interstate System reconstruction and 
        rehabilitation pilot program under which the Secretary, 
        notwithstanding sections 129 and 301 of title 23, 
        United States Code, may permit a State to collect tolls 
        on a highway, bridge, or tunnel on the Interstate 
        System for the purpose of reconstructing and 
        rehabilitating Interstate highway corridors that could 
        not otherwise be adequately maintained or functionally 
        improved without the collection of tolls.
          [(2) Limitation on number of facilities.--The 
        Secretary may permit the collection of tolls under this 
        subsection on 3 facilities on the Interstate System. 
        Each of such facilities shall be located in a different 
        State.
          [(3) Eligibility.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that contains, at a minimum, 
        the following:
                  [(A) An identification of the facility on the 
                Interstate System proposed to be a toll 
                facility, including the age, condition, and 
                intensity of use of the facility.
                  [(B) In the case of a facility that affects a 
                metropolitan area, an assurance that the 
                metropolitan planning organization established 
                under section 134 of title 23, United States 
                Code, for the area has been consulted 
                concerning the placement and amount of tolls on 
                the facility.
                  [(C) An analysis demonstrating that the 
                facility could not be maintained or improved to 
                meet current or future needs from the State's 
                apportionments and allocations made available 
                by this Act (including amendments made by this 
                Act) and from revenues for highways from any 
                other source without toll revenues.
                  [(D) A facility management plan that 
                includes--
                          [(i) a plan for implementing the 
                        imposition of tolls on the facility;
                          [(ii) a schedule and finance plan for 
                        the reconstruction or rehabilitation of 
                        the facility using toll revenues;
                          [(iii) a description of the public 
                        transportation agency that will be 
                        responsible for implementation and 
                        administration of the pilot program;
                          [(iv) a description of whether 
                        consideration will be given to 
                        privatizing the maintenance and 
                        operational aspects of the facility, 
                        while retaining legal and 
                        administrative control of the portion 
                        of the Interstate route; and
                          [(v) such other information as the 
                        Secretary may require.
          [(4) Selection criteria.--The Secretary may approve 
        the application of a State under paragraph (3) only if 
        the Secretary determines that--
                  [(A) the State is unable to reconstruct or 
                rehabilitate the proposed toll facility using 
                existing apportionments;
                  [(B) the facility has a sufficient intensity 
                of use, age, or condition to warrant the 
                collection of tolls;
                  [(C) the State plan for implementing tolls on 
                the facility takes into account the interests 
                of local, regional, and interstate travelers;
                  [(D) the State plan for reconstruction or 
                rehabilitation of the facility using toll 
                revenues is reasonable;
                  [(E) the State has given preference to the 
                use of a public toll agency with demonstrated 
                capability to build, operate, and maintain a 
                toll expressway system meeting criteria for the 
                Interstate System; and
                  [(F) the State has the authority required for 
                the project to proceed.
          [(5) Limitations on use of revenues; audits.--Before 
        the Secretary may permit a State to participate in the 
        pilot program, the State must enter into an agreement 
        with the Secretary that provides that--
                  [(A) all toll revenues received from 
                operation of the toll facility will be used 
                only for--
                          [(i) debt service;
                          [(ii) reasonable return on investment 
                        of any private person financing the 
                        project; and
                          [(iii) any costs necessary for the 
                        improvement of and the proper operation 
                        and maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation of the 
                        toll facility; and
                  [(B) regular audits will be conducted to 
                ensure compliance with subparagraph (A) and the 
                results of such audits will be transmitted to 
                the Secretary.
          [(6) Requirements for project completion.--
                  [(A) General term for expiration of 
                provisional application.--An application 
                provisionally approved by the Secretary under 
                this subsection shall expire 3 years after the 
                date on which the application was provisionally 
                approved if the State has not--
                          [(i) submitted a complete application 
                        to the Secretary that fully satisfies 
                        the eligibility criteria under 
                        paragraph (3) and the selection 
                        criteria under paragraph (4);
                          [(ii) completed the environmental 
                        review and permitting process under the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.) for the 
                        pilot project; and
                          [(iii) executed a toll agreement with 
                        the Secretary.
                  [(B) Exceptions to expiration.--
                Notwithstanding subparagraph (A), the Secretary 
                may extend the provisional approval for not 
                more than 1 additional year if the State 
                demonstrates material progress toward 
                implementation of the project as evidenced by--
                          [(i) substantial progress in 
                        completing the environmental review and 
                        permitting process for the pilot 
                        project under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.);
                          [(ii) funding and financing 
                        commitments for the pilot project;
                          [(iii) expressions of support for the 
                        pilot project from State and local 
                        governments, community interests, and 
                        the public; and
                          [(iv) submission of a facility 
                        management plan pursuant to paragraph 
                        (3)(D).
                  [(C) Conditions for previously provisionally 
                approved applications.--A State with a 
                provisionally approved application for a pilot 
                project as of the date of enactment of the FAST 
                Act shall have 1 year after that date of 
                enactment to meet the requirements of 
                subparagraph (A) or receive an extension from 
                the Secretary under subparagraph (B), or the 
                application will expire.
          [(7) Definition.--In this subsection, the term 
        ``provisional approval'' or ``provisionally approved'' 
        means the approval by the Secretary of a partial 
        application under this subsection, including the 
        reservation of a slot in the pilot program.
          [(8) Limitation on use of interstate maintenance 
        funds.--During the term of the pilot program, funds 
        apportioned for Interstate maintenance under section 
        104(b)(4) of title 23, United States Code, may not be 
        used on a facility for which tolls are being collected 
        under the program.
          [(9) Program term.--The Secretary shall conduct the 
        pilot program under this subsection for a term to be 
        determined by the Secretary, but not less than 10 
        years.
          [(10) Interstate system defined.--In this subsection, 
        the term ``Interstate System'' has the meaning such 
        term has under section 101 of title 23, United States 
        Code.]

           *       *       *       *       *       *       *

                              ----------                              


        INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991



           *       *       *       *       *       *       *
                    TITLE I--SURFACE TRANSPORTATION

Part A--Title 23 Programs

           *       *       *       *       *       *       *


SEC. 1012. TOLL ROADS, BRIDGES, AND TUNNELS.

           *       *       *       *       *       *       *


  (b) Value Pricing Pilot Program.--(1) The Secretary shall 
solicit the participation of State and local governments and 
public authorities for one or more value pricing pilot 
programs. The Secretary may enter into cooperative agreements 
with as many as 15 such State or local governments or public 
authorities to establish, maintain, and monitor value pricing 
programs.
  (2) Notwithstanding section 129 of title 23, United States 
Code, the Federal share payable for such programs shall be 80 
percent. The Secretary shall fund all preimplementation costs 
and project design, and all of the development and other start 
up costs of such projects, including salaries and expenses, for 
a period of at least 1 year, and thereafter until such time 
that sufficient revenues are being generated by the program to 
fund its operating costs without Federal participation, except 
that the Secretary may not fund the preimplementation or 
implementation costs of any project for more than 3 years.
  (3) Revenues generated by any pilot project under this 
subsection must be applied to projects eligible under such 
title.
  (4) Notwithstanding sections 129 and 301 of title 23, United 
States Code, the Secretary shall allow the use of tolls on the 
Interstate System as part of any value pricing pilot program 
under this subsection.
  (5) The Secretary shall monitor the effect of such programs 
for a period of at least 10 years, and shall report to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives every 2 years on the effects such programs are 
having on driver behavior, traffic volume, transit ridership, 
air quality, and availability of funds for transportation 
programs.
          (6) HOV passenger requirements.--Notwithstanding 
        section 102(a) of title 23, United States Code, a State 
        may permit vehicles with fewer than 2 occupants to 
        operate in high occupancy vehicle lanes if the vehicles 
        are part of a value pricing pilot program under this 
        subsection.
          (7) Financial effects on low-income drivers.--Any 
        value pricing pilot program under this subsection shall 
        include, if appropriate, an analysis of the potential 
        effects of the pilot program on low-income drivers and 
        may include mitigation measures to deal with any 
        potential adverse financial effects on low-income 
        drivers.
          (8) Funding.--
                  (A) In general.--There are authorized to be 
                appropriated to the Secretary from the Highway 
                Trust Fund (other than the Mass Transit 
                Account) to carry out this subsection--
                          (i) for fiscal year 2005, 
                        $11,000,000; and
                          (ii) for each of fiscal years 2006 
                        through 2009, $12,000,000.
                  (B) Set-aside for projects not involving 
                highway tolls.--Of the amounts made available 
                to carry out this subsection, $3,000,000 for 
                each of fiscal years 2006 through 2009 shall be 
                available only for congestion pricing pilot 
                projects that do not involve highway tolls.
                  (C) Availability.--Funds allocated by the 
                Secretary to a State under this subsection 
                shall remain available for obligation by the 
                State for a period of 3 years after the last 
                day of the fiscal year for which the funds are 
                authorized.
                  (D) Use of unallocated funds.--If the total 
                amount of funds made available from the Highway 
                Trust Fund to carry out this subsection for 
                fiscal year 1998 and fiscal years thereafter 
                but not allocated exceeds $8,000,000 as of 
                September 30 of any year, the excess amount--
                          (i) shall be apportioned in the 
                        following fiscal year by the Secretary 
                        to all States in accordance with 
                        section 104(b)(3) of title 23, United 
                        States Code;
                          (ii) shall be considered to be a sum 
                        made available for expenditure on the 
                        surface transportation program, except 
                        that the amount shall not be subject to 
                        section 133(d) of such title; and
                          (iii) shall be available for any 
                        purpose eligible for funding under 
                        section 133 of such title.
                  (C) Contract authority.--Funds authorized to 
                carry out this subsection shall be available 
                for obligation in the same manner as if the 
                funds were apportioned under chapter 1 of title 
                23, United States Code; except that the Federal 
                share of the cost of any project under this 
                subsection and the availability of funds 
                authorized to carry out this subsection shall 
                be determined in accordance with this 
                subsection.
          (9) Sunset.--The Secretary may not consider an 
        expression of interest submitted under this section 
        after the date of enactment of this paragraph.
  (d) Continuation of Existing Agreements.--Unless modified 
under section 129(a)(6) of such title, as amended by subsection 
(a) of this section, agreements entered into under section 
119(e) or 129 of such title before the effective date of this 
title and in effect on the day before such effective date shall 
continue in effect on and after such effective date in 
accordance with the provisions of such agreement and such 
section 119(e) or 129.
  (e) Special Rule for Certain Existing Toll Facility 
Agreements.--(1) Notwithstanding sections 119 and 129 of title 
23, United States Code, at the request of the non-Federal 
parties to a toll facility agreement reached before October 1, 
1991, regarding the New York State Thruway or the Fort McHenry 
Tunnel under section 105 of the Federal-Aid Highway Act of 1978 
or section 129 of title 23, United States Code (as in effect on 
the day before the date of the enactment of this Act), the 
Secretary shall allow for the continuance of tolls without 
repayment of Federal funds. Revenues collected from such tolls, 
after the date of such request, in excess of revenues needed 
for debt service and the actual costs of operation and 
maintenance shall be available for (1) any transportation 
project eligible for assistance under title 23, United States 
Code, or (2) costs associated with transportation facilities 
under the jurisdiction of such non-Federal party, including 
debt service and costs related to the construction, 
reconstruction, restoration, repair, operation and maintenance 
of such facilities.
          (2) Upon the request of any State Department of 
        Transportation that was authorized to enter into a 
        tolling agreement under section 120(c) of Public Law 
        100-17 (101 STAT. 159), the Secretary is authorized to 
        modify the agreement entered into under Public Law 100-
        17, as follows. The Secretary shall authorize the use 
        of excess toll revenues for any other purpose for which 
        Federal funds may be obligated under title 23, United 
        States Code, provided the State--
                  (A) Availability.--certifies annually that 
                the tolled facility is being adequately 
                maintained; and
                  (B) Availability.--agrees to comply with the 
                audit requirements in section 129(a)(3)(B) of 
                title 23, United States Code.
          (3) For the purposes of paragraph (2), ``excess toll 
        revenues'' means revenues in excess of amounts 
        necessary for operation and maintenance; debt service; 
        reasonable return on investment of any private person 
        or entity that may be authorized by the State to 
        operate and maintain the facility; and any cost 
        necessary for improvement, including reconstruction, 
        resurfacing, restoration, and rehabilitation.
  (f) Voiding of Certain Agreements for I-78 Delaware River 
Bridge.--Upon the joint request of the State of Pennsylvania, 
the State of New Jersey, and the Delaware River Joint Toll 
Bridge Commission, and upon such parties entering into a new 
agreement with the Secretary regarding the bridge on Interstate 
Route 78 which crosses the Delaware River in the vicinity of 
Easton, Pennsylvania, and Phillipsburg, New Jersey, the 
Secretary shall void any agreement entered into with such 
parties with respect to the bridge before the effective date of 
this subsection under section 129(a), 129(d), or 129(e) of 
title 23, United States Code. The new agreement referred to in 
the preceding sentence shall permit the continuation of tolls 
without repayment of Federal funds and shall provide that all 
toll revenues received from operation of the bridge will be 
used--
          (1) first for repayment of the non-Federal cost of 
        construction of the bridge (including debt service);
          (2) second for the costs necessary for the proper 
        operation and maintenance of the bridge, including 
        resurfacing, restoration, and rehabilitation; and
          (3) to the extent that toll revenues exceed the 
        amount necessary for paragraphs (1) and (2), such 
        excess may be used with respect to any other bridge 
        under the jurisdiction of the Delaware River Joint Toll 
        Bridge Commission.

           *       *       *       *       *       *       *


SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

  (a) Findings.--The Congress finds that--
          (1) the construction of the Interstate Highway System 
        connected the major population centers of the Nation 
        and greatly enhanced economic growth in the United 
        States;
          (2) many regions of the Nation are not now adequately 
        served by the Interstate System or comparable highways 
        and require further highway development in order to 
        serve the travel and economic development needs of the 
        region; and
          (3) the development of transportation corridors is 
        the most efficient and effective way of integrating 
        regions and improving efficiency and safety of commerce 
        and travel and further promoting economic development.
  (b) Purpose.--It is the purpose of this section to identify 
highway corridors and evacuation routes of national 
significance; to include those corridors on the National 
Highway System; to allow the Secretary, in cooperation with the 
States, to prepare long-range plans and feasibility studies for 
these corridors; to allow the States to give priority to 
funding the construction of these corridors; and to provide 
increased funding for segments of these corridors that have 
been identified for construction.
  (c) Identification of High Priority Corridors on National 
Highway System.--The following are high priority corridors on 
the National Highway System:
          (1) North-South Corridor from Kansas City, Missouri, 
        to Shreveport, Louisiana.
          (2) Avenue of the Saints Corridor from St. Louis, 
        Missouri, to St. Paul, Minnesota.
          (3) East-West Transamerica Corridor commencing on the 
        Atlantic Coast in the Hampton Roads area going westward 
        across Virginia to the vicinity of Lynchburg, Virginia, 
        continuing west to serve Roanoke and then to a West 
        Virginia corridor centered around Beckley to Welch as 
        part of the Coalfields Expressway described in section 
        1069(v), then to Williamson sharing a common corridor 
        with the I-73/74 Corridor (referred to in item 12 of 
        the table contained in subsection (f)), then to a 
        Kentucky Corridor centered on the cities of Pikeville, 
        Jenkins, Hazard, London, and Somerset; then, generally 
        following the Louie B. Nunn Parkway corridor from 
        Somerset to Columbia, to Glasgow, to I-65; then to 
        Bowling Green, Hopkinsville, Benton, and Paducah, into 
        Illinois, and into Missouri and exiting western 
        Missouri and moving westward across southern Kansas.
          (4) Hoosier Heartland Industrial Corridor from 
        Lafayette, Indiana, to Toledo, Ohio.
          (5)(A) I-73/74 North-South Corridor from Charleston, 
        South Carolina, through Winston-Salem, North Carolina, 
        to Portsmouth, Ohio, to Cincinnati, Ohio, to termini at 
        Detroit, Michigan and Sault Ste. Marie, Michigan. The 
        Sault Ste. Marie terminus shall be reached via a 
        corridor connecting Adrian, Jackson, Lansing, Mount 
        Pleasant, and Grayling, Michigan.
          (B)(i) In the Commonwealth of Virginia, the Corridor 
        shall generally follow--
                  (I) United States Route 220 from the 
                Virginia-North Carolina border to I-581 south 
                of Roanoke;
                  (II) I-581 to I-81 in the vicinity of 
                Roanoke;
                  (III) I-81 to the proposed highway to 
                demonstrate intelligent transportation systems 
                authorized by item 29 of the table in section 
                1107(b) in the vicinity of Christiansburg to 
                United States Route 460 in the vicinity of 
                Blacksburg; and
                  (IV) United States Route 460 to the West 
                Virginia State line.
          (ii) In the States of West Virginia, Kentucky, and 
        Ohio, the Corridor shall generally follow--
                  (I) United States Route 460 from the West 
                Virginia State line to United States Route 52 
                at Bluefield, West Virginia; and
                  (II) United States Route 52 to United States 
                Route 23 at Portsmouth, Ohio.
          (iii) In the States of North Carolina and South 
        Carolina, the Corridor shall generally follow--
                  (I) in the case of I-73--
                          (aa) United States Route 220 from the 
                        Virginia State line to State Route 68 
                        in the vicinity of Greensboro;
                          (bb) State Route 68 to I-40;
                          (cc) I-40 to United States Route 220 
                        in Greensboro;
                          (dd) United States Route 220 to 
                        United States Route 1 near Rockingham;
                          (ee) United States Route 1 to the 
                        South Carolina State line; and
                                  (ff) South Carolina State 
                                line to the Myrtle Beach Conway 
                                region to Georgetown, South 
                                Carolina, including a 
                                connection to Andrews following 
                                the route 41 corridor and to 
                                Camden following the U.S. Route 
                                521 corridor; and
                  (II) in the case of I-74--
                          (aa) I-77 from Bluefield, West 
                        Virginia, to the junction of I-77 and 
                        the United States Route 52 connector in 
                        Surry County, North Carolina;
                          (bb) the I-77/United States Route 52 
                        connector to United States Route 52 
                        south of Mount Airy, North Carolina;
                          (cc) United States Route 52 to United 
                        States Route 311 in Winston-Salem, 
                        North Carolina;
                          (dd) United States Route 311 to 
                        United States Route 220 in the vicinity 
                        of Randleman, North Carolina;
                          (ee) United States Route 220 to 
                        United States Route 74 near Rockingham;
                          (ff) United States Route 74 to United 
                        States Route 76 near Whiteville;
                          (gg) United States Route 74/76 to the 
                        South Carolina State line in Brunswick 
                        County; and
                                  (hh) South Carolina State 
                                line to the Myrtle Beach Conway 
                                region to Georgetown, South 
                                Carolina.
          (6) United States Route 80 Corridor from Meridian, 
        Mississippi, to Savannah, Georgia.
          (7) East-West Corridor from Memphis, Tennessee, 
        through Huntsville, Alabama, to Atlanta, Georgia, and 
        Chattanooga, Tennessee.
          (8) Highway 412 East-West Corridor from Tulsa, 
        Oklahoma, through Arkansas along United States Route 
        62/63/65 to Nashville, Tennessee.
          (9) United States Route 220 and the Appalachian 
        Thruway Corridor from Business 220 in Bedford, 
        Pennsylvania, to the vicinity of Corning, New York, 
        including United States Route 322 between United States 
        Route 220 and I-80.
          (10) Appalachian Regional Corridor X.
          (11) Appalachian Regional Corridor V.
          (12) United States Route 25E Corridor from Corbin, 
        Kentucky, to Morristown, Tennessee, via Cumberland Gap, 
        to include that portion of Route 58 in Virginia which 
        lies within the Cumberland Gap Historical Park.
          (13) Raleigh-Norfolk Corridor from Raleigh, North 
        Carolina, through Rocky Mount, Williamston, and 
        Elizabeth City, North Carolina, to Norfolk, Virginia.
          (14) Heartland Expressway from Denver, Colorado, 
        through Scottsbluff, Nebraska, to Rapid City, South 
        Dakota as follows:
                  (A) In the State of Colorado, the Heartland 
                Expressway Corridor shall generally follow--
                          (i) Interstate 76 from Denver to 
                        Brush; and
                          (ii) Colorado Highway 71 from Limon 
                        to the border between the States of 
                        Colorado and Nebraska.
                  (B) In the State of Nebraska, the Heartland 
                Expressway Corridor shall generally follow--
                          (i) Nebraska Highway 71 from the 
                        border between the States of Colorado 
                        and Nebraska to Scottsbluff;
                          (ii) United States Route 26 from 
                        Scottsbluff to the intersection with 
                        State Highway L62A;
                          (iii) State Highway L62A from the 
                        intersection with United States Route 
                        26 to United States Route 385 north of 
                        Bridgeport;
                          (iv) United States Route 385 to the 
                        border between the States of Nebraska 
                        and South Dakota; and
                          (v) United States Highway 26 from 
                        Scottsbluff to the border of the States 
                        of Nebraska and Wyoming.
                  (C) In the State of Wyoming, the Heartland 
                Expressway Corridor shall generally follow 
                United States Highway 26 from the border of the 
                States of Nebraska and Wyoming to the 
                termination at Interstate 25 at Interchange 
                number 94.
                  (D) In the State of South Dakota, the 
                Heartland Expressway Corridor shall generally 
                follow--
                          (i) United States Route 385 from the 
                        border between the States of Nebraska 
                        and South Dakota to the intersection 
                        with State Highway 79; and
                          (ii) State Highway 79 from the 
                        intersection with United States Route 
                        385 to Rapid City.
          (15) Urban Highway Corridor along M-59 in Michigan.
          (16) Economic Lifeline Corridor along I-15 and I-40 
        in California, Arizona, and Nevada.
          (17) Route 29 Corridor from Greensboro, North 
        Carolina, to the District of Columbia.
          (18) Corridor from Sarnia, Ontario, Canada, through 
        Port Huron, Michigan, southwesterly along Interstate 
        Route 69 through Indianapolis, Indiana, through 
        Evansville, Indiana, Memphis, Tennessee, Mississippi, 
        Arkansas, Shreveport/Bossier, Louisiana, to Houston, 
        Texas, and to the Lower Rio Grande Valley at the border 
        between the United States and Mexico, as follows:
                  (A) In Michigan, the corridor shall be from 
                Sarnia, Ontario, Canada, southwesterly along 
                Interstate Route 94 to the Ambassador Bridge 
                interchange in Detroit, Michigan.
                  (B) In Michigan and Illinois, the corridor 
                shall be from Windsor, Ontario, Canada, through 
                Detroit, Michigan, westerly along Interstate 
                Route 94 to Chicago, Illinois.
                  (C) In Tennessee, Mississippi, Arkansas, and 
                Louisiana, the Corridor shall--
                          (i) follow the alignment generally 
                        identified in the Corridor 18 Special 
                        Issues Study Final Report; and
                          (ii) include a connection between the 
                        Corridor east of Wilmar, Arkansas, and 
                        west of Monticello, Arkansas, to Pine 
                        Bluff, Arkansas.
                  (D) In the Lower Rio Grande Valley, the 
                Corridor shall--
                          (i) include United States Route 77 
                        from the Rio Grande River to Interstate 
                        Route 37 at Corpus Christi, Texas, and 
                        then to Victoria, Texas, via U.S. Route 
                        77;
                          (ii) include United States Route 281 
                        from the Rio Grande River to Interstate 
                        Route 37 and then to Victoria, Texas, 
                        via United States Route 59;
                          (iii) include the Corpus Christi 
                        Northside Highway and Rail Corridor 
                        from the existing intersection of 
                        United States Route 77 and Interstate 
                        Route 37 to United States Route 181, 
                        including FM511 from United States 
                        Route 77 to the Port of Brownsville; 
                        and
                          (iv) include Texas State Highway 44 
                        from United States Route 59 at Freer, 
                        Texas, to Texas State Highway 358.
                  (E) In Kentucky, the corridor shall utilize 
                the existing Purchase Parkway from the 
                Tennessee State line to Interstate 24, follow 
                Interstate Route 24 to the Wendell H. Ford 
                Western Kentucky Parkway, then utilize the 
                existing Wendell H. Ford Western Kentucky 
                Parkway and Edward T. Breathitt (Pennyrile) 
                Parkway to Henderson.
          (19) United States Route 395 Corridor from the United 
        States-Canadian border to Reno, Nevada.
          (20) United States Route 59 Corridor from Laredo, 
        Texas, through Houston, Texas, to the vicinity of 
        Texarkana, Texas.
          (21) United States Route 219 Corridor from Buffalo, 
        New York, to the intersection of Interstate Route 80.
          (22) The Alameda Transportation Corridor along 
        Alameda Street from the entrance to the ports of Los 
        Angeles and Long Beach to Interstate 10, Los Angeles, 
        California.
          (23) The Interstate Route 35 Corridor from Laredo, 
        Texas, through Oklahoma City, Oklahoma, to Wichita, 
        Kansas, to Kansas City, Kansas/Missouri, to Des Moines, 
        Iowa, to Minneapolis, Minnesota, to Duluth, Minnesota, 
        including I-29 between Kansas City and the Canadian 
        border and the connection from Wichita, Kansas, to 
        Sioux City, Iowa, which includes I-135 from Wichita, 
        Kansas to Salina, Kansas, United States Route 81 from 
        Salina, Kansas, to Norfolk, Nebraska, Nebraska State 
        Route 35 from Norfolk, Nebraska, to South Sioux City, 
        Nebraska, and the connection to I-29 in Sioux City, 
        Iowa.
          (24) The Dalton Highway from Deadhorse, Alaska to 
        Fairbanks, Alaska.
          (25) State Route 168 (South Battlefield Boulevard), 
        Virginia, from the Great Bridge Bypass to the North 
        Carolina State line.
          (26) The CANAMEX Corridor from Nogales, Arizona, 
        through Las Vegas, Nevada, to Salt Lake City, Utah, to 
        Idaho Falls, Idaho, to Montana, to the Canadian Border 
        as follows:
                  (A) In the State of Arizona, the CANAMEX 
                Corridor shall generally follow--
                          (i) I-19 from Nogales to Tucson;
                          (ii) I-10 from Tucson to Phoenix; and
                          (iii) United States Route 93 in the 
                        vicinity of Phoenix to the Nevada 
                        Border.
                  (B) In the State of Nevada, the CANAMEX 
                Corridor shall follow--
                          (i) United States Route 93 from the 
                        Arizona Border to Las Vegas; and
                          (ii) I-15 from Las Vegas to the Utah 
                        Border.
                  (C) From the Utah Border through Montana to 
                the Canadian Border, the CANAMEX Corridor shall 
                follow I-15.
          (27) The Camino Real Corridor from El Paso, Texas, to 
        Denver, Colorado, as follows:
                  (A) In the State of Texas, the Camino Real 
                Corridor shall generally follow--
                          (i) arterials from the international 
                        ports of entry to I-10 in El Paso 
                        County; and
                          (ii) I-10 from El Paso County to the 
                        New Mexico border.
                  (B) In the State of New Mexico, the Camino 
                Real Corridor shall generally follow--
                          (i) I-10 from the Texas Border to Las 
                        Cruces; and
                          (ii) I-25 from Las Cruces to the 
                        Colorado Border.
                  (C) In the State of Colorado, the Camino Real 
                Corridor shall generally follow I-25 from the 
                New Mexico border to Denver continuing to the 
                Wyoming border.
                  (D) In the State of Wyoming, the Camino Real 
                Corridor shall generally follow--
                          (i) I-25 north to join with I-90 at 
                        Buffalo; and
                          (ii) I-90 to the Montana border.
                  (E) In the State of Montana, the Camino Real 
                Corridor shall generally follow--
                          (i) I-90 to Billings; and
                          (ii) Montana Route 3, United States 
                        Route 12, United States Route 191, 
                        United States Route 87, to I-15 at 
                        Great Falls; and
                          (iii) I-15 from Great Falls to the 
                        Canadian border.
          (28) The Birmingham Northern Beltline beginning at I-
        59 in the vicinity of Trussville, Alabama, and 
        traversing westwardly intersecting with United States 
        Route 75, United States Route 79, and United States 
        Route 31; continuing southwestwardly intersecting 
        United States Route 78 and terminating at I-59 with the 
        I-459 interchange.
          (29) The Coalfields Expressway beginning at Beckley, 
        West Virginia, to Pound, Virginia, generally following 
        the corridor defined as State Routes 54, 97, 10, 16, 
        and 83.
          (30) Interstate Route 5 in the States of California, 
        Oregon, and Washington, including California State 
        Route 905 between Interstate Route 5 and the Otay Mesa 
        Port of Entry.
          (31) The Mon-Fayette Expressway and Southern Beltway 
        in Pennsylvania and West Virginia.
          (32) The Wisconsin Development Corridor from the 
        Iowa, Illinois, and Wisconsin border near Dubuque, 
        Iowa, to the Upper Mississippi River Basin near Eau 
        Claire, Wisconsin, as follows:
                  (A) United States Route 151 from the Iowa 
                border to Fond du Lac via Madison, Wisconsin, 
                then United States Route 41 from Fond du Lac to 
                Marinette via Oshkosh, Appleton, and Green Bay, 
                Wisconsin.
                  (B) State Route 29 from Green Bay to I-94 via 
                Wausau, Chippewa Falls, and Eau Claire, 
                Wisconsin.
                  (C) United States Route 10 from Appleton to 
                Marshfield, Wisconsin.
          (33) The Capital Gateway Corridor following United 
        States Route 50 from the proposed intermodal 
        transportation center connected to and including the I-
        395 corridor in Washington, D.C., to the intersection 
        of United States Route 50 with Kenilworth Avenue and 
        the Baltimore-Washington Parkway in Maryland.
          (34) The Alameda Corridor-East and Southwest Passage, 
        California. The Alameda Corridor-East is generally 
        described as the corridor from East Los Angeles 
        (terminus of Alameda Corridor) through Los Angeles, 
        Orange, San Bernardino, and Riverside Counties, to 
        termini at Barstow in San Bernardino County and 
        Coachella in Riverside County. The Southwest Passage 
        shall follow I-10 from San Bernardino to the Arizona 
        State line.
          (35) Everett-Tacoma FAST Corridor.
          (36) New York and Pennsylvania State Route 17 from 
        Harriman, New York, to its intersection with I-90 in 
        Pennsylvania.
          (37) United States Route 90 from I-49 in Lafayette, 
        Louisiana, to I-10 in New Orleans.
          (38)(A) The Ports-to-Plains Corridor from Laredo, 
        Texas, via I-27 to Denver, Colorado, shall include:
                  (i) In the State of Texas the Ports-to-Plains 
                Corridor shall generally follow--
                          (I) I-35 from Laredo to United States 
                        Route 83 at Exit 18;
                          (II) United States Route 83 from Exit 
                        18 to Carrizo Springs;
                          (III) United States Route 277 from 
                        Carrizo Springs to San Angelo;
                          (IV) United States Route 87 from San 
                        Angelo to Sterling City;
                          (V) From Sterling City to Lamesa, the 
                        Corridor shall follow United States 
                        Route 87 and, the Corridor shall also 
                        follow Texas Route 158 from Sterling 
                        City to I-20, then via I-20 West to 
                        Texas Route 349 and, Texas Route 349 
                        from Midland to Lamesa;
                          (VI) United States Route 87 from 
                        Lamesa to Lubbock;
                          (VII) I-27 from Lubbock to Amarillo;
                          (VIII) United States Route 287 from 
                        Amarillo to Dumas; and
                          (IX) United States Route 287 from 
                        Dumas to the border between the States 
                        of Texas and Oklahoma, and also United 
                        States Route 87 from Dumas to the 
                        border between the States of Texas and 
                        New Mexico.
                  (ii) In the State of Oklahoma, the Ports-to-
                Plains Corridor shall generally follow United 
                States Route 287 from the border between the 
                States of Texas and Oklahoma to the border 
                between the States of Oklahoma and Colorado.
                  (iii) In the State of Colorado, the Ports-to-
                Plains Corridor shall generally follow--
                          (I) United States Route 287 from the 
                        border between the States of Oklahoma 
                        and Colorado to Limon; and
                          (II) Interstate Route 70 from Limon 
                        to Denver.
                  (iv) In the State of New Mexico, the Ports-
                to-Plains Corridor shall generally follow 
                United States Route 87 from the border between 
                the States of Texas and New Mexico to Raton.
          (B) The corridor designation contained in subclauses 
        (I) through (VIII) of subparagraph (A)(i) shall take 
        effect only if the Texas Transportation Commission has 
        not designated the Ports-to-Plains Corridor in Texas by 
        June 30, 2001.
          (39) United States Route 63 from Marked Tree, 
        Arkansas, to I-55.
          (40) The Greensboro Corridor from Danville, Virginia, 
        to Greensboro, North Carolina, along United States 
        Route 29.
          (41) The Falls-to-Falls Corridor--United States Route 
        53 from International Falls on the Minnesota/Canada 
        border to Chippewa Falls, Wisconsin.
          (42) The portion of Corridor V of the Appalachian 
        development highway system from Interstate Route 55 
        near Batesville, Mississippi, to the intersection with 
        Corridor X of the Appalachian development highway 
        system near Fulton, Mississippi.
          (43) The United States Route 95 Corridor from the 
        Canadian border at Eastport, Idaho, to the Oregon State 
        border.
          (44) The Louisiana Highway 1 corridor from Grand 
        Isle, Louisiana, along Louisiana Highway 1, to the 
        intersection with United States Route 90.
          (45) The United States Route 78 Corridor from 
        Memphis, Tennessee, to Corridor X of the Appalachian 
        development highway system near Fulton, Mississippi, 
        and Corridor X of the Appalachian development highway 
        system extending from near Fulton, Mississippi, to near 
        Birmingham, Alabama.
          (46) Interstate Route 710 between the terminus at 
        Long Beach, California, to California State Route 60.
          (47) Interstate Route 87 from the Quebec border to 
        New York City.
          (48) The Route 50 High Plains Corridor along the 
        United States Route 50 corridor from Newton, Kansas, to 
        Pueblo, Colorado.
          (49) The Atlantic Commerce Corridor on Interstate 
        Route 95 from Jacksonville, Florida, to Miami, Florida.
          (50) The East-West Corridor commencing in Watertown, 
        New York, continuing northeast through New York, 
        Vermont, New Hampshire, and Maine, and terminating in 
        Calais, Maine.
          (51) The SPIRIT Corridor on United States Route 54 
        from El Paso, Texas, through New Mexico, Texas, and 
        Oklahoma to Wichita, Kansas.
          (52) The route in Arkansas running south of and 
        parallel to Arkansas State Highway 226 from the 
        relocation of United States Route 67 to the vicinity of 
        United States Route 49 and United States Route 63.
          (53) United States Highway Route 6 from Interstate 
        Route 70 to Interstate Route 15, Utah.
          (54) The California Farm-to-Market Corridor, 
        California State Route 99 from south of Bakersfield to 
        Sacramento, California.
          (55) In Texas, Interstate Route 20 from Interstate 
        Route 35E in Dallas County, east to the intersection of 
        Interstate Route 635, north to the intersection of 
        Interstate Route 30, northeast through Texarkana to 
        Little Rock, Arkansas, Interstate Route 40 northeast 
        from Little Rock east to the proposed Interstate Route 
        69 corridor.
          (56) In the State of Texas, the La Entrada al 
        Pacifico Corridor consisting of the following highways 
        and any portion of a highway in a corridor on 2 miles 
        of either side of the center line of the highway:
                  (A) State Route 349 from Lamesa to the point 
                on that highway that is closest to 32 degrees, 
                7 minutes, north latitude, by 102 degrees, 6 
                minutes, west longitude.
                  (B) The segment or any roadway extending from 
                the point described by subparagraph (A) to the 
                point on Farm-to-Market Road 1788 closest to 32 
                degrees, 0 minutes, north latitude, by 102 
                degrees, 16 minutes, west longitude.
                  (C) Farm-to-Market Road 1788 from the point 
                described by subparagraph (B) to its 
                intersection with Interstate Route 20.
                  (D) Interstate Route 20 from its intersection 
                with Farm-to-Market Road 1788 to its 
                intersection with United States Route 385.
                  (E) United States Route 385 from Odessa to 
                Fort Stockton, including those portions that 
                parallel United States Route 67 and Interstate 
                Route 10.
                  (F) United States Route 67 from Fort Stockton 
                to Presidio, including those portions that 
                parallel Interstate Route 10 and United States 
                Route 90.
          (57) United States Route 41 corridor between 
        Interstate Route 94 via Interstate Route 894 and 
        Highway 45 near Milwaukee and Interstate Route 43 near 
        Green Bay in the State of Wisconsin.
          (58) The Theodore Roosevelt Expressway from Rapid 
        City, South Dakota, north on United States Route 85 to 
        Williston, North Dakota, west on United States Route 2 
        to Culbertson, Montana, and north on Montana Highway 16 
        to the international border with Canada at the port of 
        Raymond, Montana.
          (59) The Central North American Trade Corridor from 
        the border between North Dakota and South Dakota, north 
        on United States Route 83 through Bismark and Minot, 
        North Dakota, to the international border with Canada.
          (60) The Providence Beltline Corridor beginning at 
        Interstate Route 95 in the vicinity of Hope Valley, 
        Rhode Island, traversing eastwardly intersecting and 
        merging into Interstate Route 295, continuing 
        northeastwardly along Interstate Route 95, and 
        terminating at the Massachusetts border, and including 
        the western bypass of Providence, Rhode Island, from 
        Interstate Route 295 to the Massachusetts border.
          (61) In the State of Missouri, the corridors 
        consisting of the following highways:
                  (A) Interstate Route 70, from Interstate 
                Route 29/35 to United States Route 61/Avenue of 
                the Saints.
                  (B) Interstate Route 72/United States Route 
                36, from the intersection with Interstate Route 
                29 to United States Route 61/Avenue of the 
                Saints.
                  (C) United States Route 67, from Interstate 
                Route 55 to the Arkansas State line.
                  (D) United States Route 65, from United 
                States Route 36/Interstate Route 72 to the 
                East-West TransAmerica corridor, at the 
                Arkansas State line.
                  (E) United States Route 63, from United 
                States Route 36 and the proposed Interstate 
                Route 72 to the East-West TransAmerica 
                corridor, at the Arkansas State line.
                  (F) United States Route 54, from the Kansas 
                State line to United States Route 61/Avenue of 
                the Saints.
          (62) The Georgia Developmental Highway System 
        Corridors identified in section 32-4-22 of the Official 
        Code of Georgia, Annotated.
          (63) The Liberty Corridor, a corridor in an area 
        encompassing very critical and significant 
        transportation infrastructure providing regional, 
        national, and international access through the State of 
        New Jersey, including Interstate Routes 95, 80, 287, 
        and 78, United States Routes 1, 9, and 46, and State 
        Routes 3 and 17, and portways and connecting 
        infrastructure.
          (64) The corridor in an area of passage in the State 
        of New Jersey serving significant interstate and 
        regional traffic, located near the cities of Camden, 
        New Jersey, and Philadelphia, Pennsylvania, and 
        including Interstate Route 295, State Route 42, United 
        States Route 130, and Interstate Routes 76 and 676.
          (65) The Interstate Route 95 Corridor beginning at 
        the New York State line and continuing through 
        Connecticut to the Rhode Island State line.
          (66) The Interstate Route 91 Corridor from New Haven, 
        Connecticut, to the Massachusetts State line.
          (67) The Fairbanks-Yukon International Corridor 
        consisting of the portion of the Alaska Highway from 
        the international border with Canada to the Richardson 
        Highway, and the Richardson Highway from its junction 
        with the Alaska Highway to Fairbanks, Alaska.
          (68) The Washoe County Corridor and the Intermountain 
        West Corridor, which shall generally follow--
                  (A) for the Washoe County Corridor, along 
                Interstate Route 580/United States Route 95/
                United States Route 95A from Reno, Nevada, to 
                Las Vegas, Nevada; and
                  (B) for the Intermountain West Corridor, from 
                the vicinity of Las Vegas, Nevada, north along 
                United States Route 95 terminating at 
                Interstate Route 80.
          (69) The Cross Valley Connector connecting Interstate 
        Route 5 and State Route 14, Santa Clarita Valley, 
        California.
          (70) The Economic Lifeline corridor, along Interstate 
        Route 15 and Interstate Route 40, California, Arizona, 
        and Nevada, including Interstate Route 215 South from 
        near San Bernadino, California, to Riverside, 
        California, and State Route 91 from Riverside, 
        California, to the intersection with Interstate Route 
        15 near Corona, California.
          (71) The High Desert Corridor/E-220 from Los Angeles, 
        California, to Las Vegas, Nevada, via Palmdale and 
        Victorville, California.
          (72) The North-South corridor, along Interstate Route 
        49 North, from Kansas City, Missouri, to Shreveport, 
        Louisiana.
          (73) The Louisiana Highway corridor, along Louisiana 
        Highway 1, from Grand Isle, Louisiana, to the 
        intersection with United States Route 90.
          (74) The portion of United States Route 90 from 
        Interstate Route 49 in Lafayette, Louisiana, to 
        Interstate Route 10 in New Orleans, Louisiana.
          (75) The Louisiana 28 corridor from Fort Polk to 
        Alexandria, Louisiana.
          (76) The portion of Interstate Route 75 from Toledo, 
        Ohio, to Cincinnati, Ohio.
          (77) The portion of United States Route 24 from the 
        Indiana/Ohio State line to Toledo, Ohio.
          (78) The portion of Interstate Route 71 from 
        Cincinnati, Ohio, to Cleveland, Ohio.
          (79) Interstate Route 376 from the Pittsburgh 
        Interchange (I/C No. 56) of the Pennsylvania Turnpike, 
        westward on Interstate Route 279, United States Route 
        22, United States Route 30, and Pennsylvania Route 60, 
        continuing past the Pittsburgh International Airport on 
        Turnpike Route 60, to the Pennsylvania Turnpike 
        (Interstate Route 76), Interchange 10, and continuing 
        north on Pennsylvania Turnpike Route 60 to Interstate 
        Route 80.
          (80) The Intercounty Connector, a new east-west 
        multimodal highway between Interstate Route 270 and 
        Interstate Route 95/United States Route 1 in Montgomery 
        and Prince George's Counties, Maryland.
          (81) United States Route 117/Interstate Route 795 
        from United States Route 70 in Goldsboro, Wayne County, 
        North Carolina, to Interstate Route 40 west of Faison, 
        Sampson County, North Carolina.
          (82) United States Route 70 from its intersection 
        with Interstate Route 40 in Garner, Wake County, North 
        Carolina, to the Port at Morehead City, Carteret 
        County, North Carolina.
          (83) The Sonoran Corridor along State Route 410 
        connecting Interstate Route 19 and Interstate Route 10 
        south of the Tucson International Airport.
          [(84) The Central Texas Corridor commencing at the 
        logical terminus of Interstate Route 10, generally 
        following portions of United States Route 190 eastward, 
        passing in the vicinity Fort Hood, Killeen, Belton, 
        Temple, Bryan, College Station, Huntsville, Livingston, 
        and Woodville, to the logical terminus of Texas Highway 
        63 at the Sabine River Bridge at Burrs Crossing.]
          (84) The Central Texas Corridor, including the 
        route--
                  (A) commencing in the vicinity of Texas 
                Highway 338 in Odessa, Texas, running eastward 
                generally following Interstate Route 20, 
                connecting to Texas Highway 158 in the vicinity 
                of Midland, Texas, then following Texas Highway 
                158 eastward to United States Route 87 and then 
                following United States Route 87 southeastward, 
                passing in the vicinity of San Angelo, Texas, 
                and connecting to United States Route 190 in 
                the vicinity of Brady, Texas;
                  (B) commencing at the intersection of 
                Interstate Route 10 and United States Route 190 
                in Pecos County, Texas, and following United 
                States Route 190 to Brady, Texas;
                  (C) following portions of United States Route 
                190 eastward, passing in the vicinity of Fort 
                Hood, Killeen, Belton, Temple, Bryan, College 
                Station, Huntsville, Livingston, Woodville, and 
                Jasper, to the logical terminus of Texas 
                Highway 63 at the Sabine River Bridge at Burrs 
                Crossing and including a loop generally 
                encircling Bryan/College Station, Texas;
                  (D) following United States Route 83 
                southward from the vicinity of Eden, Texas, to 
                a logical connection to Interstate Route 10 at 
                Junction, Texas;
                  (E) following United States Route 69 from 
                Interstate Route 10 in Beaumont, Texas, north 
                to United States Route 190 in the vicinity of 
                Woodville, Texas;
                  (F) following United States Route 96 from 
                Interstate Route 10 in Beaumont, Texas, north 
                to United States Route 190 in the vicinity of 
                Jasper, Texas; and
                  (G) following United States Route 190, State 
                Highway 305, and United States Route 385 from 
                Interstate Route 10 in Pecos County, Texas to 
                Interstate 20 at Odessa, Texas.
          (85) Interstate Route 81 in New York from its 
        intersection with Interstate Route 86 to the United 
        States-Canadian border.
          (86) Interstate Route 70 from Denver, Colorado, to 
        Salt Lake City, Utah.
          (87) The Oregon 99W Newberg-Dundee Bypass Route 
        between Newberg, Oregon, and Dayton, Oregon.
          (88) Interstate Route 205 in Oregon from its 
        intersection with Interstate Route 5 to the Columbia 
        River.
          (89) I-57 Corridor Extension as follows: In Arkansas, 
        the corridor shall follow United States Route 67 in 
        North Little Rock, Arkansas, from I-40 to United States 
        Route 412, then continuing generally northeast to the 
        State line, and in Missouri, the corridor shall 
        continue generally north from the Arkansas State line 
        to Poplar Bluff, Missouri, and then follow United 
        States Route 60 to I-57.
          (90) The Edward T. Breathitt Parkway from Interstate 
        24 to Interstate 69.
          (91) The Wendell H. Ford (Western Kentucky) Parkway 
        from the interchange with the William H. Natcher 
        Parkway in Ohio County, Kentucky, west to the 
        interchange of the Western Kentucky Parkway with the 
        Edward T. Breathitt (Pennyrile) Parkway.
          (91) The Central Louisiana Corridor commencing at the 
        logical terminus of Louisiana Highway 8 at the Sabine 
        River Bridge at Burrs Crossing and generally following 
        portions of Louisiana Highway 8 to Leesville, 
        Louisiana, and then eastward on Louisiana Highway 28, 
        passing in the vicinity of Alexandria, Pineville, 
        Walters, and Archie, to the logical terminus of United 
        States Route 84 at the Mississippi River Bridge at 
        Vidalia, Louisiana.
          (92) The Central Mississippi Corridor, including the 
        route--
                  (A) commencing at the logical terminus of 
                United States Route 84 at the Mississippi River 
                and then generally following portions of United 
                States Route 84 passing in the vicinity of 
                Natchez, Brookhaven, Monticello, Prentiss, and 
                Collins, to Interstate 59 in the vicinity of 
                Laurel, Mississippi, and continuing on 
                Interstate Route 59 north to Interstate Route 
                20 and on Interstate Route 20 to the 
                Mississippi-Alabama State Border; and
                  (B) commencing in the vicinity of Laurel, 
                Mississippi, running south on Interstate Route 
                59 to United States Route 98 in the vicinity of 
                Hattiesburg, connecting to United States Route 
                49 south then following United States Route 49 
                south to Interstate Route 10 in the vicinity of 
                Gulfport and following Mississippi Route 601 
                southerly terminating near the Mississippi 
                State Port at Gulfport.
          (93) The Middle Alabama Corridor including the 
        route--
                  (A) beginning at the Alabama-Mississippi 
                Border generally following portions of I-20 
                until following a new interstate extension 
                paralleling United States Highway 80 
                specifically:
                  (B) crossing Alabama Route 28 near Coatopa, 
                Alabama, traveling eastward crossing United 
                States Highway 43 and Alabama Route 69 near 
                Selma, Alabama, traveling eastwards closely 
                paralleling United States Highway 80 to the 
                south crossing over Alabama Routes 22, 41, and 
                21, until its intersection with I-65 near Hope 
                Hull, Alabama;
                  (C) continuing east along the proposed 
                Montgomery Outer Loop south of Montgomery, 
                Alabama where it would next join with I-85 east 
                of Montgomery, Alabama;
                  (D) continuing along I-85 east bound until 
                its intersection with United States Highway 280 
                near Opelika, Alabama or United States Highway 
                80 near Tuskegee, Alabama; and
                  (E) generally following the most expedient 
                route until intersecting with existing United 
                States Highway 80 (JR Allen Parkway) through 
                Phenix City until continuing into Columbus, 
                Georgia.
          (94) The Middle Georgia Corridor including the 
        route--
                  (A) beginning at the Alabama-Georgia Border 
                generally following the Fall Line Freeway from 
                Columbus Georgia to Augusta, Georgia 
                specifically:
                  (B) travelling along United States Route 80 
                (JR Allen Parkway) through Columbus, Georgia 
                and near Fort Benning, Georgia, east to Talbot 
                County, Georgia where it would follow Georgia 
                Route 96, then commencing on Georgia Route 49C 
                (Fort Valley Bypass) to Georgia Route 49 (Peach 
                Parkway) to its intersection with Interstate 
                route 75 in Byron, Georgia;
                  (C) continuing north along Interstate Route 
                75 through Warner Robins and Macon, Georgia 
                where it would meet Interstate Route 16. 
                Following Interstate 16 east it would next join 
                United States Route 80 and then onto State 
                Route 57; and
                  (D) commencing with State Route 57 which 
                turns into State Route 24 near Milledgeville, 
                Georgia would then bypass Wrens, Georgia with a 
                newly constructed bypass. After the bypass it 
                would join United States Route 1 near Fort 
                Gordon into Augusta, Georgia where it will 
                terminate at Interstate Route 520.
          (95) The Louisiana Capital Region High Priority 
        Corridor, which shall generally follow--
                  (A) Interstate 10, between its intersections 
                with Interstate 12 and Louisiana Highway 415;
                  (B) Louisiana Highway 415, between its 
                intersections with Interstate 10 and United 
                States route 190;
                  (C) United States route 190, between its 
                intersections with Louisiana Highway 415 and 
                intersection with Interstate 110;
                  (D) Interstate 110, between its intersections 
                with United States route 190 and Interstate 10;
                  (E) Louisiana Highway 30, near St. Gabriel, 
                LA and its intersections with Interstate 10;
                  (F) Louisiana Highway 1, near White Castle, 
                LA and its intersection with Interstate 10; and
                  (G) A bridge connecting Louisiana Highway 1 
                with Louisiana Highway 30, south of the 
                Interstate described in subparagraph (A).
  (d) Inclusion on NHS.--The Secretary shall include all 
corridors identified in subsection (c) on the proposed National 
Highway System submitted to Congress under section 103(b)(3) of 
title 23, United States Code.
  (e) Provisions Applicable to Corridors.--
          (1) Long-range plan.--The Secretary, in cooperation 
        with the affected State or States, may prepare a long-
        range plan for the upgrading of each corridor to the 
        appropriate standard for highways on the National 
        Highway System. Each such plan may include a plan for 
        developing the corridor and a plan for financing the 
        development.
          (2) Feasibility studies.--The Secretary, in 
        cooperation with the affected State or States, may 
        prepare feasibility and design studies, as necessary, 
        for those corridors for which such studies have not 
        been prepared. A feasibility study may be conducted 
        under this subsection with respect to the corridor 
        described in subsection (c)(2), relating to Avenue of 
        the Saints, to determine the feasibility of an adjunct 
        to the Avenue of the Saints serving the southern St. 
        Louis metropolitan area and connecting with I-55 in the 
        vicinity of Route A in Jefferson County, Missouri. A 
        study may be conducted under this subsection to 
        determine the feasibility of constructing a more direct 
        limited access highway between Peoria and Chicago, 
        Illinois. A feasibility study may be conducted under 
        this paragraph to identify routes that will expedite 
        future emergency evacuations of coastal areas of 
        Louisiana.
          (3) Certification acceptance.--The Secretary may 
        discharge any of his responsibilities under title 23, 
        United States Code, relative to projects on a corridor 
        identified under subsection (c), upon the request of a 
        State, by accepting a certification by the State in 
        accordance with section 117 of such title.
          (4) Acceleration of projects.--To the maximum extent 
        feasible, the Secretary may use procedures for 
        acceleration of projects in carrying out projects on 
        corridors identified in subsection (c).
          (5) Inclusion of certain route segments on interstate 
        system.--
                  (A) In general.--The portions of the routes 
                referred to in subsection (c)(1), subsection 
                (c)(3) (relating solely to the Kentucky 
                Corridor), clauses (i), (ii), and (except with 
                respect to Georgetown County) (iii) of 
                subsection (c)(5)(B), subsection (c)(9), 
                subsection (c)(13), subsection (c)(18), 
                subsection (c)(20), subparagraphs (A) and 
                (B)(i) of subsection (c)(26), subsection 
                (c)(36), subsection (c)(37), subclauses (I) 
                through (IX) of subsection (c)(38)(A)(i), 
                subsection (c)(38)(A)(iv), subsection (c)(40), 
                subsection (c)(42), subsection (c)(45), 
                subsection (c)(54), subsection (c)(57), 
                subsection (c)(68)(B), subsection (c)(81), 
                subsection (c)(82), subsection (c)(83), 
                subsection (c)(84), subsection (c)(89), 
                subsection (c)(90), [and subsection (c)(91)] 
                subsection (c)(91), subsection (c)(92), 
                subsection (c)(93), subsection (c)(94), 
                subsection (c)(95), and subsection (c)(96) that 
                are not a part of the Interstate System are 
                designated as future parts of the Interstate 
                System. Any segment of such routes shall become 
                a part of the Interstate System at such time as 
                the Secretary determines that the segment meets 
                the Interstate System design standards approved 
                by the Secretary under section 109(b) of title 
                23, United States Code, and is planned to 
                connect to an existing Interstate System 
                segment by the date that is 25 years after the 
                date of enactment of the MAP-21.
                  (B) Interstate route 376.--
                          (i) Designation of interstate route 
                        376.--
                                  (I) In general.--The routes 
                                referred to in subsection 
                                (c)(79), except the portion of 
                                Pennsylvania Turnpike Route 60 
                                between Pennsylvania Turnpike 
                                Interchange 10 and Interstate 
                                Route 80, shall be designated 
                                as Interstate Route 376.
                                  (II) Signs.--The State of 
                                Pennsylvania shall have 
                                jurisdiction over the highways 
                                described in subclause (I) 
                                (except Pennsylvania Turnpike 
                                Route 60) and erect signs in 
                                accordance with Interstate 
                                signing criteria that identify 
                                the routes described in 
                                subclause (I) as Interstate 
                                Route 376.
                                  (III) Assistance from 
                                secretary.--The Secretary shall 
                                assist the State of 
                                Pennsylvania in carrying out, 
                                not later than December 31, 
                                2008, an activity under 
                                subclause (II) relating to 
                                Interstate Route 376 and in 
                                complying with sections 109 and 
                                139 of title 23, United States 
                                Code.
                          (ii) Other segments.--The segment of 
                        the route referred to in subsection 
                        (c)(79) located between the 
                        Pennsylvania Turnpike, Interchange 10, 
                        and Interstate Route 80 may be signed 
                        as Interstate Route 376 under clause 
                        (i)(II) if that segment meets the 
                        criteria under sections 109 and 139 of 
                        title 23, United States Code.
                  (C) Routes.--
                          (i) Designation.--The portion of the 
                        route referred to in subsection (c)(9) 
                        is designated as Interstate Route I-99. 
                        The routes referred to in subsections 
                        (c)(18) and (c)(20) shall be designated 
                        as Interstate Route I-69. A State 
                        having jurisdiction over any segment of 
                        routes referred to in subsections 
                        (c)(18) and (c)(20) shall erect signs 
                        identifying such segment that is 
                        consistent with the criteria set forth 
                        in subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii) as Interstate Route I-69, 
                        including segments of United States 
                        Route 59 in the State of Texas. The 
                        segment identified in subsection 
                        (c)(18)(D)(i) shall be designated as 
                        Interstate Route I-69 East, and the 
                        segment identified in subsection 
                        (c)(18)(D)(ii) shall be designated as 
                        Interstate Route I-69 Central. The 
                        State of Texas shall erect signs 
                        identifying such routes as segments of 
                        future Interstate Route I-69. The 
                        portion of the route referred to in 
                        subsection (c)(36) is designated as 
                        Interstate Route I-86. The Louie B. 
                        Nunn Parkway corridor referred to in 
                        subsection (c)(3) shall be designated 
                        as Interstate Route 66. A State having 
                        jurisdiction over any segment of routes 
                        and/or corridors referred to in 
                        subsections (c)(3) shall erect signs 
                        identifying such segment that is 
                        consistent with the criteria set forth 
                        in subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii) as Interstate Route 66. 
                        Notwithstanding the provisions of 
                        subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii), or any other provisions 
                        of this Act, the Commonwealth of 
                        Kentucky shall erect signs, as approved 
                        by the Secretary, identifying the 
                        routes and/or corridors described in 
                        subsection (c)(3) for the Commonwealth, 
                        as segments of future Interstate Route 
                        66. The Purchase Parkway corridor 
                        referred to in subsection (c)(18)(E) 
                        shall be designated as Interstate Route 
                        69. A State having jurisdiction over 
                        any segment of routes and/or corridors 
                        referred to in subsections (c)(18) 
                        shall erect signs identifying such 
                        segment that is consistent with the 
                        criteria set forth in subsections 
                        (e)(5)(A)(i) and (e)(5)(A)(ii) as 
                        Interstate Route 69. Notwithstanding 
                        the provisions of subsections 
                        (e)(5)(A)(i) and (e)(5)(A)(ii), or any 
                        other provisions of this Act, the 
                        Commonwealth of Kentucky shall erect 
                        signs, as approved by the Secretary, 
                        identifying the routes and/or corridors 
                        described in subsection (c)(18) for the 
                        Commonwealth, as segments of future 
                        Interstate Route 69. The route referred 
                        to in subsection (c)(45) is designated 
                        as Interstate Route I-22. The routes 
                        referred to in subparagraphs (A) and 
                        (B)(i) of subsection (c)(26) and in 
                        subsection (c)(68)(B) are designated as 
                        Interstate Route I-11. [The route 
                        referred to in subsection (c)(84) is 
                        designated as Interstate Route I-14.] 
                        The route referred to in subsection 
                        (c)(84)(A) is designated as Interstate 
                        Route I-14 North. The route referred to 
                        in subsection (c)(84)(B) is designated 
                        as Interstate Route I-14 South. The 
                        Bryan/College Station, Texas loop 
                        referred to in subsection (c)(84) is 
                        designated as Interstate Route I-214. 
                        The routes referred to in subparagraphs 
                        (C), (D), (E), (F), and (G) of 
                        subsection (c)(84) and in subsections 
                        (c)(91), (c)(92), (c)(93), and (c)(94) 
                        are designated as Interstate Route I-
                        14. The route referred to in subsection 
                        (c)(89) is designated as Interstate 
                        Route I-57. The route referred to in 
                        subsection (c)(90) is designated as 
                        Interstate Route I-169. The route 
                        referred to in subsection (c)(91) is 
                        designated as Interstate Route I-569.
                          (ii) Rulemaking to determine future 
                        interstate sign erection criteria.--The 
                        Secretary shall conduct a rulemaking to 
                        determine the appropriate criteria for 
                        the erection of signs for future routes 
                        on the Interstate System identified in 
                        subparagraph (A). Such rulemaking shall 
                        be undertaken in consultation with 
                        States and local officials and shall be 
                        completed not later than December 31, 
                        1998.
                  (D) Treatment of segments.--Subject to 
                subparagraph (C), segments designated as part 
                of the Interstate System by this paragraph and 
                the mileage of such segments shall be treated 
                in the manner described in the last 2 sentences 
                of section 139(a) of title 23, United States 
                Code.
                  (E) Use of funds.--
                          (i) General rule.--Funds apportioned 
                        under section 104(b)(5)(A) of title 23, 
                        United States Code, may be used on a 
                        project to construct a portion of a 
                        route referred to in this paragraph to 
                        standards set forth in section 109(b) 
                        of such title if the State determines 
                        that the project for which the funds 
                        were originally apportioned is 
                        unreasonably delayed or no longer 
                        viable.
                          (ii) Limitation.--If funds 
                        apportioned under section 104(b)(5)(A) 
                        of title 23, United States Code, for 
                        completing a segment of the Interstate 
                        System are used on a project pursuant 
                        to this subparagraph, no interstate 
                        construction funds may be made 
                        available, after the date of the 
                        enactment of this paragraph, for 
                        construction of such segment.
  (f) High Priority Segments.--Highway segments of the 
corridors referred to in subsection (c) which are described in 
this subsection are high priority segments eligible for 
assistance under this section. Subject to subsection (g)(2), 
there is authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) for fiscal years 
1992 through 1997 to carry out a project on each such segment 
the amount listed for each such segment:


 
----------------------------------------------------------------------------------------------------------------
                                                                                                       AMOUNT in
                      CITY/STATE                            HIGH PRIORITY CORRIDORS                    millions
----------------------------------------------------------------------------------------------------------------
    1.       Pennsylvania................  For the segment described in item 6 of this table and up        50.7
                                            to $11,000,000 for upgrading U.S. 220 High Priority and
                                            the Appalachian Thruway Corridor between State College
                                            and I-80................................................
    2.        Alabama, Georgia,            Upgrading of the East-West Corridor along Rt. 72 and up         25.4
              Mississippi, Tennessee.....   to $1,500,000 from the State of Alabama's share of the
                                            project for modification of the Keller Memorial Bridge
                                            in Decatur, Alabama, to a pedestrian structure..........
    3.        Missouri...................  Improvement of North-South Corridor along Highway 71,            3.6
                                            Southwestern, MO........................................
    4.        Arkansas...................  For construction of Highway 412 from Siloam Springs to          34.0
                                            Springdale, Arkansas as part of Highway 412 East-West
                                            Corridor................................................
    5.        Arkansas...................  For construction of Highway 412 from Harrison to                56.0
                                            Springdale, Arkansas as part of the Highway 412 East-
                                            West Corridor...........................................
    6.        Pennsylvania...............  To improve U.S. 220 to a 4-lane limited access highway         148.0
                                            from Bald Eagle northward to the intersection of U.S.
                                            220 and U.S. 322........................................
    7.        S. Dakota/Nebraska.........  Conduct a feasibility study of expressway from Rapid             0.64
                                            City, S. Dakota to Scotts Bluff, Nebraska...............
    8.        Alabama....................  Construction of Appalachian Highway Corridor X from             59.2
                                            Corridor V near Fulton, Mississippi to U.S. 31 at
                                            Birmingham, Alabama as part of Appalachian Highway X
                                            Corridor Project........................................
    9.        Alabama....................  For construction of a portion of Appalachian Development        25.4
                                            Corridor V from Mississippi State Line near Red Bay,
                                            Alabama to the Tennessee State Line north of Bridgeport,
                                            Alabama.................................................
   10.        West Virginia..............  Construction of Shawnee Project from 3-Corner Junction to        4.5
                                            I-77 as part of I-73/74 Corridor project................
   11.        West Virginia..............  Widening U.S. Rt. 52 from Huntington to Williamson, W.         100.0
                                            Virginia as part of the I-73/74 Corridor project........
   12.        West Virginia..............  Replacement of U.S. Rt. 52 from Williamson, W. Virginia         14.0
                                            to I-77 as part of the I-73/74 Corridor project.........
   13.        North Carolina/Virginia....  For Upgrading I-64 and Route 17 Virginia and constructing       17.8
                                            a new highway from Rocky Mount to Elizabeth City, North
                                            Carolina as part of the Raleigh-Norfolk High Priority
                                            Corridor Improvements...................................
   14.        Arkansas...................  Construction of Highway 71 between Fayetteville and Alma,      100.0
                                            Arkansas as part of the North-South High Priority
                                            Corridor................................................
   15.        Arkansas/Texas.............  For construction of Highway 71 from Alma, Arkansas to           70.0
                                            Louisiana border........................................
   16.        Michigan...................  To widen a 60 mile portion of highway M-59 from MacComb         29.6
                                            County to I-96 in Howell County, Michigan...............
   17.        South Dakota, Colorado,      To improve the Heartland Expressway from Rapid City,            29.6
              Nebraska...................   South Dakota to Scotts Bluff, Nebraska..................
   18.        Indiana....................  To construct a 4-lane highway from Lafayette to Ft.              9.5
                                            Wayne, Indiana, following existing Indiana 25 and U.S.
                                            24......................................................
   19.        Ohio/Indiana...............  Conduct feasibility and economic study to widen Rt. 24           0.32
                                            from Ft. Wayne, Indiana to Toledo, Ohio as part of the
                                            Lafayette to Toledo Corridor............................
   20.        California, Nevada, Arizona  For improvements on I-15 and I-40 in California, Nevada         59.2
                                            and Arizona ($10,500,000 of which shall be expended on
                                            the Nevada portion of the corridor, including the I-15/
                                            U.S. 95 interchange)....................................
   21.        Louisiana..................  To improve the North-South Corridor from Louisiana border       29.6
                                            to Shreveport, Louisiana, and up to $6,000,000 for
                                            surface transportation projects in Louisiana, including
                                            $4,500,000 for the I-10 and I-610 project in Jefferson
                                            Parish, Louisiana, in the corridor between the St.
                                            Charles Parish line and Tulane Avenue, $500,000 for
                                            noise analysis and safety abatement measures or barriers
                                            along the Lakeview section of I-610 in New Orleans, and
                                            $1,000,000 for 3 highway studies (including $250,000 for
                                            a study to widen United States Route 84/Louisiana Route
                                            6 traversing north Louisiana, $250,000 for a study to
                                            widen Louisiana Route 42 from United States Route 61 to
                                            Louisiana Route 44 and extend to I-10 in East Ascension
                                            Parish, and $500,000 for a study to connect I-20 on both
                                            sides of the Ouachita River)............................
   22.        Missouri, Iowa, Minnesota..  For improvements for Avenue of the Saints from St. Paul,       118.0
                                            Minnesota to St. Louis, Missouri........................
   24.        Various States.............  I-66 Transamerica Highway Feasibility study..............        1.0
   25.       Kentucky, Tennessee,          To improve Cumberland Gap Tunnel and for various                72.4
              Virginia...................   associated improvements as part of U.S. 25E Corridor,
                                            except that the allocation percentages under section
                                            1105(g)(2) of this section shall not apply to this
                                            project after fiscal year 1992..........................
   26.        Indiana, Kentucky,           To improve the Bloomington, Indiana, to Evansville,             23.7
              Tennessee..................   Indiana, segment of the Indianapolis, Indiana, to
                                            Memphis, Tennessee, high priority corridor..............
   27.        Washington.................  For improvements on the Washington State portion of the         54.5
                                            U.S. 395 corridor from the U.S.-Canadian border to Reno,
                                            Nevada..................................................
   28.        Virginia...................  Construction of a bypass of Danville, Virginia, on Route        17.0
                                            29 Corridor.............................................
   29.        Arkansas...................  Highway 412 from Harrison to Mt. Home....................       20.0
   30.       New York....................  Improvements on Route 219 between Springville to                 9.5
                                            Ellicottville in New York State.........................
----------------------------------------------------------------------------------------------------------------

  (g) Provisions Relating to High Priority Segments.--
          (1) Detailed plans.--Each State in which a priority 
        segment identified under subsection (f) is located may 
        prepare a detailed plan for completion of construction 
        of such segment and for financing such construction.
          (2) Allocation percentages.--8 percent of the amount 
        allocated by subsection (f) for each high priority 
        segment authorized by subsection (f) shall be available 
        for obligation in fiscal year 1992. 18.4 percent of 
        such amount shall be available for obligation in each 
        of fiscal years 1993, 1994, 1995, 1996, and 1997.
          (3) Federal share.--The Federal share payable on 
        account of any project under subsection (f) shall be 80 
        percent of the cost thereof.
          (4) Delegation to states.--Subject to the provisions 
        of title 23, United States Code, the Secretary may 
        delegate responsibility for construction of a project 
        or projects under subsection (f) to the State in which 
        such project or projects are located upon request of 
        such State.
          (5) Advance construction.--When a State which has 
        been delegated responsibility for construction of a 
        project under this subsection--
                  (A) has obligated all funds allocated under 
                this subsection for construction of such 
                project; and
                  (B) proceeds to construct such project 
                without the aid of Federal funds in accordance 
                with all procedures and all requirements 
                applicable to such project, except insofar as 
                such procedures and requirements limit the 
                State to the construction of projects with the 
                aid of Federal funds previously allocated to 
                it;
        the Secretary, upon the approval of the application of 
        a State, shall pay to the State the Federal share of 
        the cost of construction of the project when additional 
        funds are allocated for such project under this 
        subsection.
          (6) Applicability of title 23.--Funds authorized by 
        subsection (f) and subsection (h) shall be available 
        for obligation in the same manner as if such funds were 
        apportioned under chapter 1 of title 23, United States 
        Code, except that the Federal share of the cost of any 
        project under subsection (f) shall be determined in 
        accordance with this subsection and such funds shall 
        remain available until expended. Funds authorized by 
        subsection (f) shall not be subject to any obligation 
        limitation.

           *       *       *       *       *       *       *

          (8) Special Rule.--Amounts allocated by subsection 
        (f) to the State of California for improvements on I-15 
        and I-40 shall not be subject to any State or local law 
        relating to apportionment of funds available for the 
        construction or improvement of highways.
          (9) The States of South Dakota and Nebraska may, at 
        their discretion, utilize funds allocated to them for 
        the project described in section 1105(f)(17) of this 
        Act to support the Nebraska/South Dakota feasibility 
        study described in section 1105(f)(7) and may also 
        utilize funds allocated for that study for the project 
        described in section 1105(f)(17).
  (h) Authorization for Feasibility Studies.--There is 
authorized to be appropriated to the Secretary out of the 
Highway Trust Fund (other than the Mass Transit Account) 
$8,000,000 per fiscal year for each of the fiscal years 1992 
through 1997 to carry out feasibility and design studies under 
subsection (e)(2).
  (i) Revolving Loan Fund.--
          (1) Establishment.--The Secretary may establish a 
        Priority Corridor Revolving Loan Fund.
          (2) Advances.--The Secretary shall make available as 
        repayable advances amounts from the Revolving Loan Fund 
        to States for planning and construction of corridors 
        listed in subsection (c). In making such amounts 
        available, the Secretary shall give priority to 
        segments identified in subsection (f).
          (3) Repayment of advances.--The amount of an advance 
        to a State in a fiscal year under paragraph (2) may not 
        exceed the amount of a State's estimated apportionments 
        for the National Highway System for the 2 succeeding 
        fiscal years. Advances shall be repaid (A) by reducing 
        the State's National Highway System apportionment in 
        each of the succeeding 3 fiscal years by \1/3\ of the 
        amount of the advance, or (B) by direct repayment. 
        Repayments shall be credited to the Priority Corridor 
        Revolving Loan Fund.
          (4) Authorization.--There is authorized to be 
        appropriated to the Secretary, out of the Highway Trust 
        Fund (other than the Mass Transit Account), $40,000,000 
        per fiscal year for each of fiscal years 1993 through 
        1997 to carry out this subsection.

           *       *       *       *       *       *       *

                              ----------                              


    SECTION 117 OF THE SAFETEA-LU TECHNICAL CORRECTIONS ACT OF 2008

[SEC. 117. BUY AMERICA WAIVER NOTIFICATION AND ANNUAL REPORTS.

  [(a) Waiver Notification.--
          [(1) In general.--f the Secretary of Transportation 
        makes a finding under section 313(b) of title 23, 
        United States Code, with respect to a project, the 
        Secretary shall--
                  [(A) publish in the Federal Register, before 
                the date on which such finding takes effect, a 
                detailed written justification as to the 
                reasons that such finding is needed; and
                  [(B) provide notice of such finding and an 
                opportunity for public comment on such finding 
                for a period of not to exceed 60 days.
          [(2) Limitation on statutory construction.--Nothing 
        in paragraph (1) shall be construed to require the 
        effective date of a finding referred to in paragraph 
        (1) to be delayed until after the close of the public 
        comment period referred to in paragraph (1)(B).
  [(b) Annual Reports.-- Not later than February 1 of each year 
beginning after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a 
report on the projects for which the Secretary made findings 
under section 313(b) of title 23, United States Code, during 
the preceding calendar year and the justifications for such 
findings.]
                              ----------                              


                                 MAP-21



           *       *       *       *       *       *       *
   DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION 
                                PROGRAMS

                     TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorizations and Programs

           *       *       *       *       *       *       *


SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

  (a) Definitions.--In this section:
          (1) Emergency or disaster.--The term ``emergency or 
        disaster'' means damage to a tribal transportation 
        facility that--
                  (A) renders the tribal transportation 
                facility impassable or unusable;
                  (B) is caused by--
                          (i) a natural disaster over a 
                        widespread area; or
                          (ii) a catastrophic failure from an 
                        external cause; and
                  (C) would be eligible under the emergency 
                relief program under section 125 of title 23, 
                United States Code, but does not meet the 
                funding thresholds [required by that section] 
                required under such program.
          (2) List.--The term ``list'' means the funding 
        priority list developed under subsection (c)(5).
          (3) Program.--The term ``program'' means the Tribal 
        High Priority Projects program established under 
        subsection (b)(1).
          (4) Project.--The term ``project'' means a project 
        provided funds under the program.
  (b) Program.--
          (1) In general.--The Secretary shall [use amounts 
        made available under subsection (h) to] carry out a 
        Tribal High Priority Projects program under which funds 
        shall be provided to eligible applicants in accordance 
        with this section.
          (2) Eligible applicants.--Applicants eligible for 
        program funds under this section include--
                  (A) an Indian tribe whose annual allocation 
                of funding under section 202 of title 23, 
                United States Code, is insufficient to complete 
                the highest priority project of the Indian 
                tribe;
                  (B) a governmental subdivision of an Indian 
                tribe--
                          (i) that is authorized to administer 
                        the funding of the Indian tribe under 
                        section 202 of title 23, United States 
                        Code; and
                          (ii) for which the annual allocation 
                        under that section is insufficient to 
                        complete the highest priority project 
                        of the Indian tribe; or
                  (C) any Indian tribe that has an emergency or 
                disaster with respect to a transportation 
                facility included on the national inventory of 
                tribal transportation facilities under section 
                202(b)(1) of title 23, United States Code.
  (c) Project Applications; Funding.--
          (1) In general.--To apply for funds under this 
        section, an eligible applicant shall submit to the 
        Department of the Interior or the Department an 
        application that includes--
                  (A) project scope of work, including 
                deliverables, budget, and timeline;
                  (B) the amount of funds requested;
                  (C) project information addressing--
                          (i) the ranking criteria identified 
                        in paragraph (3); or
                          (ii) the nature of the emergency or 
                        disaster;
                  (D) documentation that the project meets the 
                definition of a tribal transportation facility 
                and is included in the national inventory of 
                tribal transportation facilities under section 
                202(b)(1) of title 23, United States Code;
                  (E) documentation of official tribal action 
                requesting the project;
                  (F) documentation from the Indian tribe 
                providing authority for the Secretary of the 
                Interior to place the project on a 
                transportation improvement program if the 
                project is selected and approved; and
                  (G) any other information the Secretary of 
                the Interior or Secretary considers appropriate 
                to make a determination.
          (2) Limitation on applications.--An applicant for 
        funds under the program may only have 1 application for 
        assistance under this section pending at any 1 time, 
        including any emergency or disaster application.
          (3) Application ranking.--
                  (A) In general.--The Secretary of the 
                Interior and the Secretary shall determine the 
                eligibility of, and fund, program applications, 
                subject to the availability of funds.
                  (B) Ranking criteria.--The project ranking 
                criteria for applications under this section 
                shall include--
                          (i) the existence of safety hazards 
                        with documented fatality and injury 
                        accidents;
                          (ii) the number of years since the 
                        Indian tribe last completed a 
                        construction project funded by section 
                        202 of title 23, United States Code;
                          (iii) the readiness of the Indian 
                        tribe to proceed to construction or 
                        bridge design need;
                          (iv) the percentage of project costs 
                        matched by funds that are not provided 
                        under section 202 of title 23, United 
                        States Code, with projects with a 
                        greater percentage of other sources of 
                        matching funds ranked ahead of lesser 
                        matches);
                          (v) the amount of funds requested, 
                        with requests for lesser amounts given 
                        greater priority;
                          (vi) the challenges caused by 
                        geographic isolation; and
                          (vii) all weather access for 
                        employment, commerce, health, safety, 
                        educational resources, or housing.
          (4) Project scoring matrix.--The project scoring 
        matrix established in the appendix to part 170 of title 
        25, Code of Regulations (as in effect on the date of 
        enactment of this Act) shall be used to rank all 
        applications accepted under this section.
          (5) Funding priority list.--
                  (A) In general.--The Secretary of the 
                Interior and the Secretary shall jointly 
                produce a funding priority list that ranks the 
                projects approved for funding under the 
                program.
                  (B) Limitation.--The number of projects on 
                the list shall be limited by the amount of 
                funding made available.
          (6) Timeline.--The Secretary of the Interior and the 
        Secretary shall--
                  (A) require applications for funding no 
                sooner than 60 days after funding is made 
                available pursuant to subsection (a);
                  (B) notify all applicants and Regions in 
                writing of acceptance of applications;
                  (C) rank all accepted applications in 
                accordance with the project scoring matrix, 
                develop the funding priority list, and return 
                unaccepted applications to the applicant with 
                an explanation of deficiencies;
                  (D) notify all accepted applicants of the 
                projects included on the funding priority list 
                no later than 180 days after the application 
                deadline has passed pursuant to subparagraph 
                (A); and
                  (E) distribute funds to successful 
                applicants.
  (d) Emergency or Disaster Project Applications.--
          (1) In general.--Notwithstanding subsection (c)(6), 
        an eligible applicant may submit an emergency or 
        disaster project application at any time during the 
        fiscal year.
          (2) Consideration as priority.--The Secretary, in 
        consultation with the Secretary of the Interior, 
        shall--
                  (A) consider project applications submitted 
                under paragraph (1) to be a priority; and
                  (B) fund the project applications in 
                accordance with paragraph (3).
          (3) Funding.--
                  (A) In general.--If an eligible applicant 
                submits an application for a project under this 
                subsection before the issuance of the list 
                under subsection (c)(5) and the project is 
                determined to be eligible for program funds, 
                the Secretary [of the Interior] shall provide 
                funding for the project before providing 
                funding for other approved projects on the 
                list.
                  (B) Submission after issuance of list.--If an 
                eligible applicant submits an application under 
                this subsection after the issuance of the list 
                under subsection (c)(5) and the distribution of 
                program funds in accordance with the list, the 
                Secretary [of the Interior] shall provide 
                funding for the project on the date on which 
                unobligated funds provided to projects on the 
                list are returned to the Department [of the 
                Interior].
                  (C) Effect on other projects.--If the 
                Secretary [of the Interior] uses funding 
                previously designated for a project on the list 
                to fund an emergency or disaster project under 
                this subsection, the project on the list that 
                did not receive funding as a result of the 
                redesignation of funds shall move to the top of 
                the list the following year.
          (4) Emergency or disaster project cost.--The cost of 
        a project submitted as an emergency or disaster under 
        this subsection shall be at least 10 percent of the 
        distribution of funds of the Indian tribe under section 
        202(b) of title 23, United States Code.
  (e) Limitation on Use of Funds.--Program funds shall not be 
used for--
          (1) transportation planning;
          (2) research;
          (3) routine maintenance activities;
          (4) structures and erosion protection unrelated to 
        transportation and roadways;
          (5) general reservation planning not involving 
        transportation;
          (6) landscaping and irrigation systems not involving 
        transportation programs and projects;
          (7) work performed on projects that are not included 
        on a transportation improvement program approved by the 
        Federal Highway Administration, unless otherwise 
        authorized by the Secretary of the Interior and the 
        Secretary;
          (8) the purchase of equipment unless otherwise 
        authorized by Federal law; or
          (9) the condemnation of land for recreational trails.
  (f) Limitation on Project Amounts.--Project funding shall be 
limited to a maximum of [$1,000,000] $5,000,000 per 
application, except that funding for disaster or emergency 
projects shall also be limited to the estimated cost of 
repairing damage to the tribal transportation facility.
  (g) Cost Estimate Certification.--All cost estimates prepared 
for a project shall be required to be submitted by the 
applicant to the Secretary of the Interior [and the Secretary] 
or the Secretary for certification and approval.
  [(h) Authorization of Appropriations.--
          [(1) In general.--There is authorized to be 
        appropriated $30,000,000 out of the general fund of the 
        Treasury to carry out the program for each of fiscal 
        years 2013 through 2015 and $5,327,869 out of the 
        general fund of the Treasury to carry out the program 
        for the period beginning on October 1, 2015, and ending 
        on December 4, 2015.
          [(2) Administration.--The funds made available under 
        paragraph (1) 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, except that--
                  [(A) the funds made available for the program 
                shall remain available until September 30 of 
                the third fiscal year after the year 
                appropriated; and
                  [(B) the Federal share of the cost of a 
                project shall be 100 percent.]
  (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.

           *       *       *       *       *       *       *


                       Subtitle D--Highway Safety

SEC. 1401. JASON'S LAW.

  (a) In General.--It is the sense of Congress that it is a 
national priority to address projects under this section for 
the shortage of long-term parking for commercial motor vehicles 
on the National Highway System to improve the safety of 
motorized and nonmotorized users and for commercial motor 
vehicle operators.
  (b) Eligible Projects.--Eligible projects under this section 
are those that--
          (1) serve the National Highway System; and
          (2) may include the following:
                  (A) Constructing safety rest areas (as 
                defined in section 120(c) of title 23, United 
                States Code) that include parking for 
                commercial motor vehicles.
                  (B) Constructing commercial motor vehicle 
                parking facilities adjacent to commercial truck 
                stops and travel plazas.
                  (C) Opening existing facilities to commercial 
                motor vehicle parking, including inspection and 
                weigh stations and park-and-ride facilities.
                  (D) Promoting the availability of publicly or 
                privately provided commercial motor vehicle 
                parking on the National Highway System using 
                intelligent transportation systems and other 
                means.
                  (E) Constructing turnouts along the National 
                Highway System for commercial motor vehicles.
                  (F) Making capital improvements to public 
                commercial motor vehicle parking facilities 
                currently closed on a seasonal basis to allow 
                the facilities to remain open year-round.
                  (G) Improving the geometric design of 
                interchanges on the National Highway System to 
                improve access to commercial motor vehicle 
                parking facilities.
  (c) Survey and Comparative Assessment.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this Act, the Secretary, in 
        consultation with relevant State motor carrier safety 
        personnel and private providers of commercial motor 
        vehicle parking, shall conduct a survey of each State--
                  (A) to evaluate [the capability of the State 
                to provide] the availability of adequate 
                parking and rest facilities for commercial 
                motor vehicles engaged in interstate 
                transportation;
                  (B) to assess the volume of commercial motor 
                vehicle traffic in the State; and
                  (C) to develop a system of metrics to measure 
                the adequacy of commercial motor vehicle 
                parking facilities in the State.
          (2) Results.--The results of the survey under 
        paragraph (1) shall be made available to the public on 
        the website of the Department of Transportation.
          (3) Periodic updates.--The Secretary shall 
        periodically update the survey under this subsection.
  (d) Electric Vehicle and Natural Gas Vehicle 
Infrastructure.--
          (1) In general.--Except as provided in paragraph (2), 
        a State may establish electric vehicle charging 
        stations or natural gas vehicle refueling stations for 
        the use of battery-powered or natural gas-fueled trucks 
        or other motor vehicles at any parking facility funded 
        or authorized under this Act or title 23, United States 
        Code.
          (2) Exception.--Electric vehicle battery charging 
        stations or natural gas vehicle refueling stations may 
        not be established or supported under paragraph (1) if 
        commercial establishments serving motor vehicle users 
        are prohibited by section 111 of title 23, United 
        States Code.
          (3) Funds.--Charging or refueling stations described 
        in paragraph (1) shall be eligible for the same funds 
        as are available for the parking facilities in which 
        the stations are located.
  [(e) Treatment of Projects.--Notwithstanding any other 
provision of law, projects funded through the authority 
provided under this section shall be treated as projects on a 
Federal-aid highway under chapter 1 of title 23, United States 
Code.]

           *       *       *       *       *       *       *


Subtitle E--Miscellaneous

           *       *       *       *       *       *       *


SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS.

  (a) Consolidation of Programs.--For each of [fiscal years 
2016 through 2020] fiscal years 2023 through 2026, before 
making an apportionment under section 104(b)(3) of title 23, 
United States Code, the Secretary shall set aside, from amounts 
made available to carry out the highway safety improvement 
program under section 148 of such title for the fiscal year, 
[$3,500,000] $4,000,000--
          (1) to carry out safety-related activities, 
        including--
                  (A) to carry out the operation lifesaver 
                program--
                          (i) to provide public information and 
                        education programs to help prevent and 
                        reduce motor vehicle accidents, 
                        injuries, and fatalities; and
                          (ii) to improve driver performance at 
                        railway-highway crossings; and
                  (B) to provide work zone safety grants in 
                accordance with subsections (a) and (b) of 
                section 1409 of the SAFETEA-LU (23 U.S.C. 401 
                note; 119 Stat. 1232); and
          (2) to operate authorized safety-related 
        clearinghouses, including--
                  (A) the national work zone safety information 
                clearinghouse authorized by section 358(b)(2) 
                of the National Highway System Designation Act 
                of 1995 (23 U.S.C. 401 note; 109 Stat. 625); 
                and
                  (B) a public road safety clearinghouse in 
                accordance with section 1411(a) of the SAFETEA-
                LU (23 U.S.C. 402 note; 119 Stat. 1234).
  (b) Federal Share.--The Federal share of the cost of a 
project or activity carried out under subsection (a) shall be 
100 percent.
  [(b)] (c) Repeals.--
          (1) Title 23.--
                  (A) In general.--Sections 105, 110, 117, 124, 
                151, 155, 157, 160, 212, 216, 303, and 309 of 
                title 23, United States Code, are repealed.
                  (B) Set asides.--Section 118 of title 23, 
                United States Code, is amended--
                          (i) by striking subsection (c); and
                          (ii) by redesignating subsections (d) 
                        and (e) as subsections (c) and (d), 
                        respectively.
          (2) SAFETEA-LU.--Sections 1302, 1305, 1306, 1803, 
        1804, 1907, and 1958 of SAFETEA-LU (Public Law 109-59) 
        are repealed.
          (3) Additional.--Section 1132 of the Energy 
        Independence and Security Act of 2007 (Public Law 110-
        140; 121 Stat. 1763) is repealed.
  [(c)] (d) Conforming Amendments.--
          (1) Title analysis.--
                  (A) Chapter 1.--The analysis for chapter 1 of 
                title 23, United States Code, is amended by 
                striking the items relating to sections 105, 
                110, 117, 124, 151, 155, 157, and 160.
                  (B) Chapter 2.--The analysis for chapter 2 of 
                title 23, United States Code, is amended by 
                striking the items relating to sections 212 and 
                216.
                  (C) Chapter 3.--The analysis for chapter 3 of 
                title 23, United States Code, is amended by 
                striking the items relating to sections 303 and 
                309.
          (2) Table of contents.--The table of contents 
        contained in section 1(b) of SAFETEA-LU (Public Law 
        109-59; 119 Stat. 1144) is amended by striking the 
        items relating to sections 1302, 1305, 1306, 1803, 
        1804, 1907, and 1958.
          (3) Section 109.--Section 109(q) of title 23, United 
        States Code, is amended by striking ``in accordance 
        with section 303 or''.
          (4) Section 118.--Section 118(b) of title 23, United 
        States Code, is amended--
                  (A) by striking paragraph (1) and all that 
                follows through the heading of paragraph (2); 
                and
                  (B) by striking ``(other than for Interstate 
                construction)''.
          (5) Section 130.--Section 130 of title 23, United 
        States Code, is amended--
                  (A) in subsection (e) by striking ``section 
                104(b)(5)'' and inserting ``section 
                104(b)(3)'';
                  (B) in subsection (f)(1) by inserting ``as in 
                effect on the day before the date of enactment 
                of the MAP-21'' after ``section 104(b)(3)(A)''; 
                and
                  (C) in subsection (l) by striking paragraphs 
                (3) and (4).
          (6) Section 131.--Section 131(m) of title 23, United 
        States Code, is amended by striking ``Subject to 
        approval by the Secretary in accordance with the 
        program of projects approval process of section 105, a 
        State'' and inserting ``A State''.
          (7) Section 133.--Paragraph (13) of section 133(b) of 
        title 23, United States Code (as amended by section 
        1108(a)(3)), is amended by striking ``under section 
        303''.
          (8) Section 142.--Section 142 of title 23, United 
        States Code, is amended--
                  (A) in subsection (a)--
                          (i) in paragraph (1)--
                                  (I) by striking ``motor 
                                vehicles (other than on rail)'' 
                                and inserting ``buses'';
                                  (II) by striking ``(hereafter 
                                in this section referred to 
                                as`buses')'';
                                  (III) by striking ``Federal-
                                aid systems'' and inserting 
                                ``Federal-aid highways''; and
                                  (IV) by striking ``Federal-
                                aid system'' and inserting 
                                ``Federal-aid highway''; and
                          (ii) in paragraph (2)--
                                  (I) by striking ``as a 
                                project on the the surface 
                                transportation program for''; 
                                and
                                  (II) by striking ``section 
                                104(b)(3)'' and inserting 
                                ``section 104(b)(2)'';
                  (B) in subsection (b) by striking 
                ``104(b)(4)'' and inserting ``104(b)(1)'';
                  (C) in subsection (c)--
                          (i) by striking ``system'' in each 
                        place it appears and inserting 
                        ``highway''; and
                          (ii) by striking ``highway 
                        facilities'' and inserting ``highways 
                        eligible under the program that is the 
                        source of the funds'';
                  (D) in subsection (e)(2) by striking 
                ``Notwithstanding section 209(f)(1) of the 
                Highway Revenue Act of 1956, the Highway Trust 
                Fund shall be available for making expenditures 
                to meet obligations resulting from projects 
                authorized by subsection (a)(2) of this section 
                and such projects'' and inserting ``Projects 
                authorized by subsection (a)(2)''; and
                  (E) in subsection (f) by striking ``exits'' 
                and inserting ``exists''.
          (9) Section 145.--Section 145(b) of title 23, United 
        States Code, is amended by striking ``section 117 of 
        this title,''.
          (10) Section 218.--Section 218 of title 23, United 
        States Code, is amended--
                  (A) in subsection (a)--
                          (i) by striking the first two 
                        sentences;
                          (ii) in the third sentence--
                                  (I) by striking ``, in 
                                addition to such funds,''; and
                                  (II) by striking ``such 
                                highway or'';
                          (iii) by striking the fourth sentence 
                        and fifth sentences;
                  (B) by striking subsection (b); and
                  (C) by redesignating subsection (c) as 
                subsection (b).
          (11) Section 610.--Section 610(d)(1)(B) of title 23, 
        United States Code, is amended by striking ``under 
        section 105''.

           *       *       *       *       *       *       *


DIVISION B--PUBLIC TRANSPORTATION

           *       *       *       *       *       *       *


SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING.

  [(a) Amendment.--] Section 5303 of title 49, United States 
Code, is amended to read as follows:

``SEC. 5303. METROPOLITAN TRANSPORTATION PLANNING.

  ``(a) Policy.--It is in the national interest--
          ``(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 and foster economic growth 
        and development within and between States and urbanized 
        areas, while minimizing transportation-related fuel 
        consumption and air pollution through metropolitan and 
        statewide transportation planning processes identified 
        in this chapter; and
          ``(2) to encourage the continued improvement and 
        evolution of the metropolitan and statewide 
        transportation planning processes by metropolitan 
        planning organizations, State departments of 
        transportation, and public transit operators as guided 
        by the planning factors identified in subsection (h) 
        and section 5304(d).
  ``(b) Definitions.--In this section and section 5304, the 
following definitions apply:
          ``(1) Metropolitan planning area.--The term 
        `metropolitan planning area' means the geographic area 
        determined by agreement between the metropolitan 
        planning organization for the area and the Governor 
        under subsection (e).
          ``(2) Metropolitan planning organization.--The term 
        `metropolitan planning organization' means the policy 
        board of an organization established as a result of the 
        designation process under subsection (d).
          ``(3) Nonmetropolitan area.--The term 
        `nonmetropolitan area' means a geographic area outside 
        designated metropolitan planning areas.
          ``(4) Nonmetropolitan local official.--The term 
        `nonmetropolitan local official' means elected and 
        appointed officials of general purpose local government 
        in a nonmetropolitan area with responsibility for 
        transportation.
          ``(5) Regional transportation planning 
        organization.--The term `regional transportation 
        planning organization' means a policy board of an 
        organization established as the result of a designation 
        under section 5304(l).
          ``(6) TIP.--The term `TIP' means a transportation 
        improvement program developed by a metropolitan 
        planning organization under subsection (j).
          ``(7) Urbanized area.--The term `urbanized area' 
        means a geographic area with a population of 50,000 or 
        more, as determined by the Bureau of the Census.
  ``(c) General Requirements.--
          ``(1) Development of long-range plans and tips.--To 
        accomplish the objectives in subsection (a), 
        metropolitan planning organizations designated under 
        subsection (d), in cooperation with the State and 
        public transportation operators, shall develop long-
        range transportation plans and transportation 
        improvement programs through a performance-driven, 
        outcome-based approach to planning for metropolitan 
        areas of the State.
          ``(2) Contents.--The plans and TIPs for each 
        metropolitan area shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways and bicycle transportation facilities) that 
        will function as an intermodal transportation system 
        for the metropolitan planning area and as an integral 
        part of an intermodal transportation system for the 
        State and the United States.
          ``(3) Process of development.--The process for 
        developing the plans and TIPs shall provide for 
        consideration of all modes of transportation and shall 
        be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  ``(d) Designation of Metropolitan Planning Organizations.--
          ``(1) In general.--To carry out the transportation 
        planning process required by this section, a 
        metropolitan planning organization shall be designated 
        for each urbanized area with a population of more than 
        50,000 individuals--
                  ``(A) by agreement between the Governor and 
                units of general purpose local government that 
                together represent at least 75 percent of the 
                affected population (including the largest 
                incorporated city (based on population) as 
                determined by the Bureau of the Census); or
                  ``(B) in accordance with procedures 
                established by applicable State or local law.
          ``(2) Structure.--Not later than 2 years after the 
        date of enactment of the Federal Public Transportation 
        Act of 2012, each metropolitan planning organization 
        that serves an area designated as a transportation 
        management area shall consist of--
                  ``(A) local elected officials;
                  ``(B) officials of public agencies that 
                administer or operate major modes of 
                transportation in the metropolitan area, 
                including representation by providers of public 
                transportation; and
                  ``(C) appropriate State officials.
          ``(3) Limitation on statutory construction.--Nothing 
        in this subsection shall be construed to interfere with 
        the authority, under any State law in effect on 
        December 18, 1991, of a public agency with multimodal 
        transportation responsibilities--
                  ``(A) to develop the plans and TIPs for 
                adoption by a metropolitan planning 
                organization; and
                  ``(B) to develop long-range capital plans, 
                coordinate transit services and projects, and 
                carry out other activities pursuant to State 
                law.
          ``(4) Continuing designation.--A designation of a 
        metropolitan planning organization under this 
        subsection or any other provision of law shall remain 
        in effect until the metropolitan planning organization 
        is redesignated under paragraph (5).
          ``(5) Redesignation procedures.--
                  ``(A) In general.--A metropolitan planning 
                organization may be redesignated by agreement 
                between the Governor and units of general 
                purpose local government that together 
                represent at least 75 percent of the existing 
                planning area population (including the largest 
                incorporated city (based on population) as 
                determined by the Bureau of the Census) as 
                appropriate to carry out this section.
                  ``(B) Restructuring.--A metropolitan planning 
                organization may be restructured to meet the 
                requirements of paragraph (2) without 
                undertaking a redesignation.
          ``(6) Designation of more than 1 metropolitan 
        planning organization.--More than 1 metropolitan 
        planning organization may be designated within an 
        existing metropolitan planning area only if the 
        Governor and the existing metropolitan planning 
        organization determine that the size and complexity of 
        the existing metropolitan planning area make 
        designation of more than 1 metropolitan planning 
        organization for the area appropriate.
  ``(e) Metropolitan Planning Area Boundaries.--
          ``(1) In general.--For the purposes of this section, 
        the boundaries of a metropolitan planning area shall be 
        determined by agreement between the metropolitan 
        planning organization and the Governor.
          ``(2) Included area.--Each metropolitan planning 
        area--
                  ``(A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period for the transportation plan; and
                  ``(B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          ``(3) Identification of new urbanized areas within 
        existing planning area boundaries.--The designation by 
        the Bureau of the Census of new urbanized areas within 
        an existing metropolitan planning area shall not 
        require the redesignation of the existing metropolitan 
        planning organization.
          ``(4) Existing metropolitan planning areas in 
        nonattainment.--
                  ``(A) In general.--Notwithstanding paragraph 
                (2), except as provided in subparagraph (B), in 
                the case of an urbanized area designated as a 
                nonattainment area for ozone or carbon monoxide 
                under the Clean Air Act (42 U.S.C. 7401 et 
                seq.) as of the date of enactment of the 
                SAFETEA-LU, the boundaries of the metropolitan 
                planning area in existence as of such date of 
                enactment shall be retained.
                  ``(B) Exception.--The boundaries described in 
                subparagraph (A) may be adjusted by agreement 
                of the Governor and affected metropolitan 
                planning organizations in the manner described 
                in subsection (d)(5).
          ``(5) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after the date of enactment of the SAFETEA-
        LU, as a nonattainment area for ozone or carbon 
        monoxide, the boundaries of the metropolitan planning 
        area--
                  ``(A) shall be established in the manner 
                described in subsection (d)(1);
                  ``(B) shall encompass the areas described in 
                paragraph (2)(A);
                  ``(C) may encompass the areas described in 
                paragraph (2)(B); and
                  ``(D) may address any nonattainment area 
                identified under the Clean Air Act (42 U.S.C. 
                7401 et seq.) for ozone or carbon monoxide.
  ``(f) Coordination in Multistate Areas.--
          ``(1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a 
        multistate metropolitan area and the appropriate 
        metropolitan planning organizations to provide 
        coordinated transportation planning for the entire 
        metropolitan area.
          ``(2) Interstate compacts.--The consent of Congress 
        is granted to any 2 or more States--
                  ``(A) to enter into agreements or compacts, 
                not in conflict with any law of the United 
                States, for cooperative efforts and mutual 
                assistance in support of activities authorized 
                under this section as the activities pertain to 
                interstate areas and localities within the 
                States; and
                  ``(B) to establish such agencies, joint or 
                otherwise, as the States may determine 
                desirable for making the agreements and 
                compacts effective.
          ``(3) Reservation of rights.--The right to alter, 
        amend, or repeal interstate compacts entered into under 
        this subsection is expressly reserved.
  ``(g) MPO Consultation in Plan and TIP Coordination.--
          ``(1) Nonattainment areas.--If more than 1 
        metropolitan planning organization has authority within 
        a metropolitan area or an area which is designated as a 
        nonattainment area for ozone or carbon monoxide under 
        the Clean Air Act (42 U.S.C. 7401 et seq.), each 
        metropolitan planning organization shall consult with 
        the other metropolitan planning organizations 
        designated for such area and the State in the 
        coordination of plans and TIPs required by this 
        section.
          ``(2) Transportation improvements located in multiple 
        mpos.--If a transportation improvement, funded under 
        this chapter or title 23, is located within the 
        boundaries of more than 1 metropolitan planning area, 
        the metropolitan planning organizations shall 
        coordinate plans and TIPs regarding the transportation 
        improvement.
          ``(3) Relationship with other planning officials.--
                  ``(A) In general.--The Secretary shall 
                encourage each metropolitan planning 
                organization to consult with officials 
                responsible for other types of planning 
                activities that are affected by transportation 
                in the area (including State and local planned 
                growth, economic development, environmental 
                protection, airport operations, and freight 
                movements) or to coordinate its planning 
                process, to the maximum extent practicable, 
                with such planning activities.
                  ``(B) Requirements.--Under the metropolitan 
                planning process, transportation plans and TIPs 
                shall be developed with due consideration of 
                other related planning activities within the 
                metropolitan area, and the process shall 
                provide for the design and delivery of 
                transportation services within the metropolitan 
                area that are provided by--
                          ``(i) recipients of assistance under 
                        this chapter;
                          ``(ii) governmental agencies and 
                        nonprofit organizations (including 
                        representatives of the agencies and 
                        organizations) that receive Federal 
                        assistance from a source other than the 
                        Department of Transportation to provide 
                        nonemergency transportation services; 
                        and
                          ``(iii) recipients of assistance 
                        under section 204 of title 23.
  ``(h) Scope of Planning Process.--
          ``(1) In general.--The metropolitan planning process 
        for a metropolitan planning area under this section 
        shall provide for consideration of projects and 
        strategies that will--
                  ``(A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  ``(B) increase the safety of the 
                transportation system for motorized and 
                nonmotorized users;
                  ``(C) increase the security of the 
                transportation system for motorized and 
                nonmotorized users;
                  ``(D) increase the accessibility and mobility 
                of people and for freight;
                  ``(E) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  ``(F) enhance the integration and 
                connectivity of the transportation system, 
                across and between modes, for people and 
                freight;
                  ``(G) promote efficient system management and 
                operation; and
                  ``(H) emphasize the preservation of the 
                existing transportation system.
          ``(2) Performance-based approach.--
                  ``(A) In general.--The metropolitan 
                transportation planning process shall provide 
                for the establishment and use of a performance-
                based approach to transportation decisionmaking 
                to support the national goals described in 
                section 150(b) of title 23 and the general 
                purposes described in section 5301.
                  ``(B) Performance targets.--
                          ``(i) Surface transportation 
                        performance targets.--
                                  ``(I) In general.--Each 
                                metropolitan planning 
                                organization shall establish 
                                performance targets that 
                                address the performance 
                                measures described in section 
                                150(c) of title 23, where 
                                applicable, to use in tracking 
                                progress towards attainment of 
                                critical outcomes for the 
                                region of the metropolitan 
                                planning organization.
                                  ``(II) Coordination.--
                                Selection of performance 
                                targets by a metropolitan 
                                planning organization shall be 
                                coordinated with the relevant 
                                State to ensure consistency, to 
                                the maximum extent practicable.
                          ``(ii) Public transportation 
                        performance targets.--Selection of 
                        performance targets by a metropolitan 
                        planning organization shall be 
                        coordinated, to the maximum extent 
                        practicable, with providers of public 
                        transportation to ensure consistency 
                        with sections 5326(c) and 5329(d).
                  ``(C) Timing.--Each metropolitan planning 
                organization shall establish the performance 
                targets under subparagraph (B) not later than 
                180 days after the date on which the relevant 
                State or provider of public transportation 
                establishes the performance targets.
                  ``(D) Integration of other performance-based 
                plans.--A metropolitan planning organization 
                shall integrate in the metropolitan 
                transportation planning process, directly or by 
                reference, the goals, objectives, performance 
                measures, and targets described in other State 
                transportation plans and transportation 
                processes, as well as any plans developed by 
                recipients of assistance under this chapter, 
                required as part of a performance-based 
                program.
          ``(3) Failure to consider factors.--The failure to 
        consider any factor specified in paragraphs (1) and (2) 
        shall not be reviewable by any court under this 
        chapter, title 23, subchapter II of chapter 5 of title 
        5, or chapter 7 of title 5 in any matter affecting a 
        transportation plan, a TIP, a project or strategy, or 
        the certification of a planning process.
  ``(i) Development of Transportation Plan.--
          ``(1) Requirements.--
                  ``(A) In general.--Each metropolitan planning 
                organization shall prepare and update a 
                transportation plan for its metropolitan 
                planning area in accordance with the 
                requirements of this subsection.
                  ``(B) Frequency.--
                          ``(i) In general.--The metropolitan 
                        planning organization shall prepare and 
                        update such plan every 4 years (or more 
                        frequently, if the metropolitan 
                        planning organization elects to update 
                        more frequently) in the case of each of 
                        the following:
                                  ``(I) Any area designated as 
                                nonattainment, as defined in 
                                section 107(d) of the Clean Air 
                                Act (42 U.S.C. 7407(d)).
                                  ``(II) Any area that was 
                                nonattainment and subsequently 
                                designated to attainment in 
                                accordance with section 
                                107(d)(3) of that Act (42 
                                U.S.C. 7407(d)(3)) and that is 
                                subject to a maintenance plan 
                                under section 175A of that Act 
                                (42 U.S.C. 7505a).
                          ``(ii) Other areas.--In the case of 
                        any other area required to have a 
                        transportation plan in accordance with 
                        the requirements of this subsection, 
                        the metropolitan planning organization 
                        shall prepare and update such plan 
                        every 5 years unless the metropolitan 
                        planning organization elects to update 
                        more frequently.
          ``(2) Transportation plan.--A transportation plan 
        under this section shall be in a form that the 
        Secretary determines to be appropriate and shall 
        contain, at a minimum, the following:
                  ``(A) Identification of transportation 
                facilities.--
                          ``(i) In general.--An identification 
                        of transportation facilities (including 
                        major roadways, transit, multimodal and 
                        intermodal facilities, nonmotorized 
                        transportation facilities, and 
                        intermodal connectors) that should 
                        function as an integrated metropolitan 
                        transportation system, giving emphasis 
                        to those facilities that serve 
                        important national and regional 
                        transportation functions.
                          ``(ii) Factors.--In formulating the 
                        transportation plan, the metropolitan 
                        planning organization shall consider 
                        factors described in subsection (h) as 
                        the factors relate to a 20-year 
                        forecast period.
                  ``(B) Performance measures and targets.--A 
                description of the performance measures and 
                performance targets used in assessing the 
                performance of the transportation system in 
                accordance with subsection (h)(2).
                  ``(C) System performance report.--A system 
                performance report and subsequent updates 
                evaluating the condition and performance of the 
                transportation system with respect to the 
                performance targets described in subsection 
                (h)(2), including--
                          ``(i) progress achieved by the 
                        metropolitan planning organization in 
                        meeting the performance targets in 
                        comparison with system performance 
                        recorded in previous reports; and
                          ``(ii) for metropolitan planning 
                        organizations that voluntarily elect to 
                        develop multiple scenarios, an analysis 
                        of how the preferred scenario has 
                        improved the conditions and performance 
                        of the transportation system and how 
                        changes in local policies and 
                        investments have impacted the costs 
                        necessary to achieve the identified 
                        performance targets.
                  ``(D) Mitigation activities.--
                          ``(i) In general.--A long-range 
                        transportation plan shall include a 
                        discussion of types of potential 
                        environmental mitigation activities and 
                        potential areas to carry out these 
                        activities, including activities that 
                        may have the greatest potential to 
                        restore and maintain the environmental 
                        functions affected by the plan.
                          ``(ii) Consultation.--The discussion 
                        shall be developed in consultation with 
                        Federal, State, and tribal wildlife, 
                        land management, and regulatory 
                        agencies.
                  ``(E) Financial plan.--
                          ``(i) In general.--A financial plan 
                        that--
                                  ``(I) demonstrates how the 
                                adopted transportation plan can 
                                be implemented;
                                  ``(II) indicates resources 
                                from public and private sources 
                                that are reasonably expected to 
                                be made available to carry out 
                                the plan; and
                                  ``(III) recommends any 
                                additional financing strategies 
                                for needed projects and 
                                programs.
                          ``(ii) Inclusions.--The financial 
                        plan may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the adopted 
                        transportation plan if reasonable 
                        additional resources beyond those 
                        identified in the financial plan were 
                        available.
                          ``(iii) Cooperative development.--For 
                        the purpose of developing the 
                        transportation plan, the metropolitan 
                        planning organization, transit 
                        operator, and State shall cooperatively 
                        develop estimates of funds that will be 
                        available to support plan 
                        implementation.
                  ``(F) Operational and management 
                strategies.--Operational and management 
                strategies to improve the performance of 
                existing transportation facilities to relieve 
                vehicular congestion and maximize the safety 
                and mobility of people and goods.
                  ``(G) Capital investment and other 
                strategies.--Capital investment and other 
                strategies to preserve the existing and 
                projected future metropolitan transportation 
                infrastructure and provide for multimodal 
                capacity increases based on regional priorities 
                and needs.
                  ``(H) Transportation and transit enhancement 
                activities.--Proposed transportation and 
                transit enhancement activities.
          ``(3) Coordination with clean air act agencies.--In 
        metropolitan areas that are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act (42 U.S.C. 
        7401 et seq.), the metropolitan planning organization 
        shall coordinate the development of a transportation 
        plan with the process for development of the 
        transportation control measures of the State 
        implementation plan required by that Act.
          ``(4) Optional scenario development.--
                  ``(A) In general.--A metropolitan planning 
                organization may, while fitting the needs and 
                complexity of its community, voluntarily elect 
                to develop multiple scenarios for consideration 
                as part of the development of the metropolitan 
                transportation plan, in accordance with 
                subparagraph (B).
                  ``(B) Recommended components.--A metropolitan 
                planning organization that chooses to develop 
                multiple scenarios under subparagraph (A) shall 
                be encouraged to consider--
                          ``(i) potential regional investment 
                        strategies for the planning horizon;
                          ``(ii) assumed distribution of 
                        population and employment;
                          ``(iii) a scenario that, to the 
                        maximum extent practicable, maintains 
                        baseline conditions for the performance 
                        measures identified in subsection 
                        (h)(2);
                          ``(iv) a scenario that improves the 
                        baseline conditions for as many of the 
                        performance measures identified in 
                        subsection (h)(2) as possible;
                          ``(v) revenue constrained scenarios 
                        based on the total revenues expected to 
                        be available over the forecast period 
                        of the plan; and
                          ``(vi) estimated costs and potential 
                        revenues available to support each 
                        scenario.
                  ``(C) Metrics.--In addition to the 
                performance measures identified in section 
                150(c) of title 23, metropolitan planning 
                organizations may evaluate scenarios developed 
                under this paragraph using locally-developed 
                measures.
          ``(5) Consultation.--
                  ``(A) In general.--In each metropolitan area, 
                the metropolitan planning organization shall 
                consult, as appropriate, with State and local 
                agencies responsible for land use management, 
                natural resources, environmental protection, 
                conservation, and historic preservation 
                concerning the development of a long-range 
                transportation plan.
                  ``(B) Issues.--The consultation shall 
                involve, as appropriate--
                          ``(i) comparison of transportation 
                        plans with State conservation plans or 
                        maps, if available; or
                          ``(ii) comparison of transportation 
                        plans to inventories of natural or 
                        historic resources, if available.
          ``(6) Participation by interested parties.--
                  ``(A) In general.--Each metropolitan planning 
                organization shall provide citizens, affected 
                public agencies, representatives of public 
                transportation employees, freight shippers, 
                providers of freight transportation services, 
                private providers of transportation, 
                representatives of users of public 
                transportation, representatives of users of 
                pedestrian walkways and bicycle transportation 
                facilities, representatives of the disabled, 
                and other interested parties with a reasonable 
                opportunity to comment on the transportation 
                plan.
                  ``(B) Contents of participation plan.--A 
                participation plan--
                          ``(i) shall be developed in 
                        consultation with all interested 
                        parties; and
                          ``(ii) shall provide that all 
                        interested parties have reasonable 
                        opportunities to comment on the 
                        contents of the transportation plan.
                  ``(C) Methods.--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).
          ``(7) Publication.--A transportation plan involving 
        Federal participation shall be published or otherwise 
        made readily available by the metropolitan planning 
        organization for public review, including (to the 
        maximum extent practicable) in electronically 
        accessible formats and means, such as the World Wide 
        Web, approved by the metropolitan planning organization 
        and submitted for information purposes to the Governor 
        at such times and in such manner as the Secretary shall 
        establish.
          ``(8) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2)(C), a State or 
        metropolitan planning organization shall not be 
        required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under paragraph (2)(C).
  ``(j) Metropolitan TIP.--
          ``(1) Development.--
                  ``(A) In general.--In cooperation with the 
                State and any affected public transportation 
                operator, the metropolitan planning 
                organization designated for a metropolitan area 
                shall develop a TIP for the metropolitan 
                planning area that--
                          ``(i) contains projects consistent 
                        with the current metropolitan 
                        transportation plan;
                          ``(ii) reflects the investment 
                        priorities established in the current 
                        metropolitan transportation plan; and
                          ``(iii) once implemented, is designed 
                        to make progress toward achieving the 
                        performance targets established under 
                        subsection (h)(2).
                  ``(B) Opportunity for comment.--In developing 
                the TIP, the metropolitan planning 
                organization, in cooperation with the State and 
                any affected public transportation operator, 
                shall provide an opportunity for participation 
                by interested parties in the development of the 
                program, in accordance with subsection (i)(5).
                  ``(C) Funding estimates.--For the purpose of 
                developing the TIP, the metropolitan planning 
                organization, public transportation agency, and 
                State shall cooperatively develop estimates of 
                funds that are reasonably expected to be 
                available to support program implementation.
                  ``(D) Updating and approval.--The TIP shall 
                be--
                          ``(i) updated at least once every 4 
                        years; and
                          ``(ii) approved by the metropolitan 
                        planning organization and the Governor.
          ``(2) Contents.--
                  ``(A) Priority list.--The TIP shall include a 
                priority list of proposed Federally supported 
                projects and strategies to be carried out 
                within each 4-year period after the initial 
                adoption of the TIP.
                  ``(B) Financial plan.--The TIP shall include 
                a financial plan that--
                          ``(i) demonstrates how the TIP can be 
                        implemented;
                          ``(ii) indicates resources from 
                        public and private sources that are 
                        reasonably expected to be available to 
                        carry out the program;
                          ``(iii) identifies innovative 
                        financing techniques to finance 
                        projects, programs, and strategies; and
                          ``(iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved TIP 
                        if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                  ``(C) Descriptions.--Each project in the TIP 
                shall include sufficient descriptive material 
                (such as type of work, termini, length, and 
                other similar factors) to identify the project 
                or phase of the project.
                  ``(D) Performance target achievement.--The 
                transportation improvement program shall 
                include, to the maximum extent practicable, a 
                description of the anticipated effect of the 
                transportation improvement program toward 
                achieving the performance targets established 
                in the metropolitan transportation plan, 
                linking investment priorities to those 
                performance targets.
          ``(3) Included projects.--
                  ``(A) Projects under this chapter and title 
                23.--A TIP developed under this subsection for 
                a metropolitan area shall include the projects 
                within the area that are proposed for funding 
                under this chapter and chapter 1 of title 23.
                  ``(B) Projects under chapter 2 of title 23.--
                          ``(i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 of title 23 shall be 
                        identified individually in the 
                        transportation improvement program.
                          ``(ii) Other projects.--Projects 
                        proposed for funding under chapter 2 of 
                        title 23 that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the transportation 
                        improvement program.
                  ``(C) Consistency with long-range 
                transportation plan.--Each project shall be 
                consistent with the long-range transportation 
                plan developed under subsection (i) for the 
                area.
                  ``(D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project or the identified 
                phase within the time period contemplated for 
                completion of the project or the identified 
                phase.
          ``(4) Notice and comment.--Before approving a TIP, a 
        metropolitan planning organization, in cooperation with 
        the State and any affected public transportation 
        operator, shall provide an opportunity for 
        participation by interested parties in the development 
        of the program, in accordance with subsection (i)(5).
          ``(5) Selection of projects.--
                  ``(A) In general.--Except as otherwise 
                provided in subsection (k)(4) and in addition 
                to the TIP development required under paragraph 
                (1), the selection of Federally funded projects 
                in metropolitan areas shall be carried out, 
                from the approved TIP--
                          ``(i) by--
                                  ``(I) in the case of projects 
                                under title 23, the State; and
                                  ``(II) in the case of 
                                projects under this chapter, 
                                the designated recipients of 
                                public transportation funding; 
                                and
                          ``(ii) in cooperation with the 
                        metropolitan planning organization.
                  ``(B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                TIP in place of another project in the program.
          ``(6) Selection of projects from illustrative list.--
                  ``(A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan 
                planning organization shall not be required to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv).
                  ``(B) Required action by the secretary.--
                Action by the Secretary shall be required for a 
                State or metropolitan planning organization to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv) for 
                inclusion in an approved TIP.
          ``(7) Publication.--
                  ``(A) Publication of tips.--A TIP involving 
                Federal participation shall be published or 
                otherwise made readily available by the 
                metropolitan planning organization for public 
                review.
                  ``(B) Publication of annual listings of 
                projects.--
                          ``(i) In general.--An annual listing 
                        of projects, including investments in 
                        pedestrian walkways and bicycle 
                        transportation facilities, for which 
                        Federal funds have been obligated in 
                        the preceding year shall be published 
                        or otherwise made available by the 
                        cooperative effort of the State, 
                        transit operator, and metropolitan 
                        planning organization for public 
                        review.
                          ``(ii) Requirement.--The listing 
                        shall be consistent with the categories 
                        identified in the TIP.
  ``(k) Transportation Management Areas.--
          ``(1) Identification and designation.--
                  ``(A) Required identification.--The Secretary 
                shall identify as a transportation management 
                area each urbanized area (as defined by the 
                Bureau of the Census) with a population of over 
                200,000 individuals.
                  ``(B) Designations on request.--The Secretary 
                shall designate any additional area as a 
                transportation management area on the request 
                of the Governor and the metropolitan planning 
                organization designated for the area.
          ``(2) Transportation plans.--In a transportation 
        management area, transportation plans shall be based on 
        a continuing and comprehensive transportation planning 
        process carried out by the metropolitan planning 
        organization in cooperation with the State and public 
        transportation operators.
          ``(3) Congestion management process.--
                  ``(A) In general.--Within a metropolitan 
                planning area serving a transportation 
                management area, the transportation planning 
                process under this section shall address 
                congestion management through a process that 
                provides for effective management and 
                operation, based on a cooperatively developed 
                and implemented metropolitan-wide strategy, of 
                new and existing transportation facilities 
                eligible for funding under this chapter and 
                title 23 through the use of travel demand 
                reduction and operational management 
                strategies.
                  ``(B) Schedule.--The Secretary shall 
                establish an appropriate phase-in schedule for 
                compliance with the requirements of this 
                section but no sooner than 1 year after the 
                identification of a transportation management 
                area.
          ``(4) Selection of projects.--
                  ``(A) In general.--All Federally funded 
                projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area under title 23 
                (excluding projects carried out on the National 
                Highway System) or under this chapter shall be 
                selected for implementation from the approved 
                TIP by the metropolitan planning organization 
                designated for the area in consultation with 
                the State and any affected public 
                transportation operator.
                  ``(B) National highway system projects.--
                Projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area on the National 
                Highway System shall be selected for 
                implementation from the approved TIP by the 
                State in cooperation with the metropolitan 
                planning organization designated for the area.
          ``(5) Certification.--
                  ``(A) In general.--The Secretary shall--
                          ``(i) ensure that the metropolitan 
                        planning process of a metropolitan 
                        planning organization serving a 
                        transportation management area is being 
                        carried out in accordance with 
                        applicable provisions of Federal law; 
                        and
                          ``(ii) subject to subparagraph (B), 
                        certify, not less often than once every 
                        4 years, that the requirements of this 
                        paragraph are met with respect to the 
                        metropolitan planning process.
                  ``(B) Requirements for certification.--The 
                Secretary may make the certification under 
                subparagraph (A) if--
                          ``(i) the transportation planning 
                        process complies with the requirements 
                        of this section and other applicable 
                        requirements of Federal law; and
                          ``(ii) there is a TIP for the 
                        metropolitan planning area that has 
                        been approved by the metropolitan 
                        planning organization and the Governor.
                  ``(C) Effect of failure to certify.--
                          ``(i) Withholding of project funds.--
                        If a metropolitan planning process of a 
                        metropolitan planning organization 
                        serving a transportation management 
                        area is not certified, the Secretary 
                        may withhold up to 20 percent of the 
                        funds attributable to the metropolitan 
                        planning area of the metropolitan 
                        planning organization for projects 
                        funded under this chapter and title 23.
                          ``(ii) Restoration of withheld 
                        funds.--The withheld funds shall be 
                        restored to the metropolitan planning 
                        area at such time as the metropolitan 
                        planning process is certified by the 
                        Secretary.
                  ``(D) Review of certification.--In making 
                certification determinations under this 
                paragraph, the Secretary shall provide for 
                public involvement appropriate to the 
                metropolitan area under review.
  ``(l) Report on Performance-based Planning Processes.--
          ``(1) In general.--The Secretary shall submit to 
        Congress a report on the effectiveness of the 
        performance-based planning processes of metropolitan 
        planning organizations under this section, taking into 
        consideration the requirements of this subsection
          ``(2) Report.--Not later than 5 years after the date 
        of enactment of the Federal Public Transportation Act 
        of 2012, the Secretary shall submit to Congress a 
        report evaluating--
                  ``(A) the overall effectiveness of 
                performance-based planning as a tool for 
                guiding transportation investments;
                  ``(B) the effectiveness of the performance-
                based planning process of each metropolitan 
                planning organization under this section;
                  ``(C) the extent to which metropolitan 
                planning organizations have achieved, or are 
                currently making substantial progress toward 
                achieving, the performance targets specified 
                under this section and whether metropolitan 
                planning organizations are developing 
                meaningful performance targets; and
                  ``(D) the technical capacity of metropolitan 
                planning organizations that operate within a 
                metropolitan planning area of less than 200,000 
                and their ability to carry out the requirements 
                of this section.
          ``(3) Publication.--The report under paragraph (2) 
        shall be published or otherwise made available in 
        electronically accessible formats and means, including 
        on the Internet.
  ``(m) Abbreviated Plans for Certain Areas.--
          ``(1) In general.--Subject to paragraph (2), in the 
        case of a metropolitan area not designated as a 
        transportation management area under this section, the 
        Secretary may provide for the development of an 
        abbreviated transportation plan and TIP for the 
        metropolitan planning area that the Secretary 
        determines is appropriate to achieve the purposes of 
        this section, taking into account the complexity of 
        transportation problems in the area.
          ``(2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans or TIPs for a metropolitan 
        area that is in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.).
  ``(n) Additional Requirements for Certain Nonattainment 
Areas.--
          ``(1) In general.--Notwithstanding any other 
        provisions of this chapter or title 23, for 
        transportation management areas classified as 
        nonattainment for ozone or carbon monoxide pursuant to 
        the Clean Air Act (42 U.S.C. 7401 et seq.), Federal 
        funds may not be advanced in such area for any highway 
        project that will result in a significant increase in 
        the carrying capacity for single-occupant vehicles 
        unless the project is addressed through a congestion 
        management process.
          ``(2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (e).
  ``(o) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under this chapter or title 23.
  ``(p) Funding.--Funds set aside under section 104(f) of title 
23 or section 5305(g) shall be available to carry out this 
section.
  ``(q) Continuation of Current Review Practice.--Since plans 
and TIPs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects 
included in plans and TIPs are subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and since decisions by the Secretary concerning plans 
and TIPs described in this section have not been reviewed under 
that Act as of January 1, 1997, any decision by the Secretary 
concerning a plan or TIP described in this section shall not be 
considered to be a Federal action subject to review under that 
Act.''.
  [(b) Pilot Program for Transit-oriented Development 
Planning.--
          [(1) Definitions.--In this subsection the following 
        definitions shall apply:
                  [(A) Eligible project.--The term ``eligible 
                project'' means a new fixed guideway capital 
                project or a core capacity improvement project, 
                as those terms are defined in section 5309 of 
                title 49, United States Code, as amended by 
                this division.
                  [(B) Secretary.--The term ``Secretary'' means 
                the Secretary of Transportation.
          [(2) General authority.--The Secretary may make 
        grants under this subsection to a State or local 
        governmental authority 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;
                  [(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 or local governmental 
        authority that desires to participate in the program 
        under this subsection shall submit to the Secretary an 
        application that contains, at a minimum--
                  [(A) 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; and
                  [(E) 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.]

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                              ----------                              


                               SAFETEA-LU

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users'' or ``SAFETEA-LU''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                      TITLE I--FEDERAL-AID HIGHWAYS

     * * * * * * *

                       Subtitle D--Highway Safety

     * * * * * * *
[Sec. 1404. Safe routes to school program.]

           *       *       *       *       *       *       *


TITLE I--FEDERAL-AID HIGHWAYS

           *       *       *       *       *       *       *


Subtitle D--Highway Safety

           *       *       *       *       *       *       *


[SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM.

  [(a) Establishment.--Subject to the requirements of this 
section, the Secretary shall establish and carry out a safe 
routes to school program for the benefit of children in primary 
and middle 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) Apportionment of Funds.--
          [(1) In general.--Subject to paragraphs (2), (3), and 
        (4), amounts made available to carry out this section 
        for a fiscal year shall be apportioned among the States 
        in the ratio that--
                  [(A) the total student enrollment in primary 
                and middle schools in each State; bears to
                  [(B) the total student enrollment in primary 
                and middle schools in all States.
          [(2) Minimum apportionment.--No State shall receive 
        an apportionment under this section for a fiscal year 
        of less than $1,000,000.
          [(3) Set-aside for administrative expenses.--Before 
        apportioning under this subsection amounts made 
        available to carry out this section for a fiscal year, 
        the Secretary shall set aside not more than $3,000,000 
        of such amounts for the administrative expenses of the 
        Secretary in carrying out this subsection.
          [(4) Determination of student enrollments.--
        Determinations under this subsection concerning student 
        enrollments shall be made by the Secretary.
  [(d) Administration of Amounts.--Amounts apportioned to a 
State under this section shall be administered by the State's 
department of transportation.
  [(e) Eligible Recipients.--Amounts apportioned to a State 
under this section shall be used by the State to provide 
financial assistance to State, local, tribal, and regional 
agencies, including nonprofit organizations, that demonstrate 
an ability to meet the requirements of this section.
  [(f) Eligible Projects and Activities.--
          [(1) Infrastructure-related projects.--
                  [(A) In general.--Amounts apportioned to a 
                State under this section may be used 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.--
                  [(A) In general.--In addition to projects 
                described in paragraph (1), amounts apportioned 
                to a State under this section may be used for 
                noninfrastructure-related activities to 
                encourage walking and bicycling to school, 
                including public awareness campaigns and 
                outreach to press and community leaders, 
                traffic education and enforcement in the 
                vicinity of schools, student sessions on 
                bicycle and pedestrian safety, health, and 
                environment, and funding for training, 
                volunteers, and managers of safe routes to 
                school programs.
                  [(B) Allocation.--Not less than 10 percent 
                and not more than 30 percent of the amount 
                apportioned to a State under this section for a 
                fiscal year shall be used for 
                noninfrastructure-related activities under this 
                subparagraph.
          [(3) Safe routes to school coordinator.--Each State 
        receiving an apportionment under this section for a 
        fiscal year 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.
  [(g) Clearinghouse.--
          [(1) In general.--The Secretary shall make grants to 
        a national nonprofit organization engaged in promoting 
        safe routes to schools to--
                  [(A) operate a national safe routes to school 
                clearinghouse;
                  [(B) develop information and educational 
                programs on safe routes to school; and
                  [(C) 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 set aside for administrative 
        expenses under subsection (c)(3).
  [(h) Task Force.--
          [(1) In general.--The Secretary shall establish a 
        national safe routes to school task force composed of 
        leaders in health, transportation, and education, 
        including representatives of appropriate Federal 
        agencies, to study and develop a strategy for advancing 
        safe routes to school programs nationwide.
          [(2) Report.--Not later than March 31, 2006, the 
        Secretary shall submit to Congress a report containing 
        the results of the study conducted, and a description 
        of the strategy developed, under paragraph (1) and 
        information regarding the use of funds for 
        infrastructure-related and noninfrastructure-related 
        activities under paragraphs (1) and (2) of subsection 
        (f).
          [(3) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative 
        expenses under subsection (c)(3).
  [(i) Applicability of Title 23.--Funds made available to 
carry out this section shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 
of title 23, United States Code; except that such funds shall 
not be transferable and shall remain available until expended, 
and the Federal share of the cost of a project or activity 
under this section shall be 100 percent.
  [(j) Treatment of Projects.--Notwithstanding any other 
provision of law, projects assisted under this subsection shall 
be treated as projects on a Federal-aid system under chapter 1 
of title 23, United States Code.
  [(k) 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 and middle schools.--The term ``primary 
        and middle schools'' means schools providing education 
        from kindergarten through eighth grade.]

           *       *       *       *       *       *       *


TITLE IV--MOTOR CARRIER SAFETY

           *       *       *       *       *       *       *


Subtitle A--Commercial Motor Vehicle Safety

           *       *       *       *       *       *       *


SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

  (a) Establishment and Duties.--The Secretary shall establish 
in the Federal Motor Carrier Safety Administration a motor 
carrier safety advisory committee. The committee shall--
          (1) provide advice and recommendations to the 
        Administrator of the Federal Motor Carrier Safety 
        Administration about needs, objectives, plans, 
        approaches, content, and accomplishments of the motor 
        carrier safety programs carried out by the 
        Administration; and
          (2) provide advice and recommendations to the 
        Administrator on motor carrier safety regulations.
  (b) Members, Chairman, Pay, and Expenses.--
          (1) In general.--The committee shall be composed of 
        not more than 20 members appointed by the Administrator 
        from among individuals who are not employees of the 
        Administration and who are specially qualified to serve 
        on the committee because of their education, training, 
        or experience. The members shall include 
        representatives of the motor carrier industry, 
        including small business motor carriers, safety 
        advocates, and safety enforcement officials. 
        Representatives of a single enumerated interest group 
        may not constitute a majority of the members of the 
        advisory committee.
          (2) Chairman.--The Administrator shall designate the 
        chairman of the committee.
          (3) Pay.--A member of the committee shall serve 
        without pay; except that the Administrator may allow a 
        member, when attending meetings of the committee or a 
        subcommittee of the committee, expenses authorized 
        under section 5703 of title 5, relating to per diem, 
        travel, and transportation expenses.
  (c) Support Staff, Information, and Services.--The 
Administrator shall provide support staff for the committee. On 
request of the committee, the Administrator shall provide 
information, administrative services, and supplies that the 
Administrator considers necessary for the committee to carry 
out its duties and powers.
  (d) Termination Date.--Notwithstanding the Federal Advisory 
Committee Act (5 U.S.C. App.), the advisory committee shall 
terminate on [September 30, 2013] September 30, 2026.

           *       *       *       *       *       *       *

                              ----------                              


            NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995



           *       *       *       *       *       *       *
TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS

           *       *       *       *       *       *       *


SEC. 339. ELIGIBILITY.

  (a) Pennsylvania Turnpike and I-95.--
          (1) Reconstruction and widening.--The project 
        authorized by section 162 of the Surface Transportation 
        Assistance Act of 1982 (96 Stat. 2136) shall include 
        reconstruction and widening to 6 lanes of existing 
        Interstate Route 95 and of the Pennsylvania Turnpike 
        from United States Route 1 to the junction with the New 
        Jersey Turnpike, including the structure over the 
        Delaware River.
          (2) Federal share.--Notwithstanding any other 
        provision of law, the Federal share payable on account 
        of the project referred to in paragraph (1), including 
        the additional through roadway and bridge travel lanes, 
        shall be 90 percent of the cost of the project.
          (3) Tolls.--Notwithstanding section 301 of title 23, 
        United States Code, the project for construction of an 
        interchange between the Pennsylvania Turnpike and 
        Interstate Route 95, including the widening of the 
        Pennsylvania Turnpike, shall be treated as a 
        reconstruction project described in section 
        129(a)(1)(B) of such title and tolls may be continued 
        on all traffic on the Pennsylvania Turnpike between 
        United States Route 1 and the New Jersey Turnpike.
  (b) Type II Noise Barriers.--
          [(1) General rule.--No funds made available out of 
        the Highway Trust Fund may be used to construct Type II 
        noise barriers (as defined by section 772.5(i) of title 
        23, Code of Federal Regulations) pursuant to 
        subsections (h) and (i) of section 109 of title 23, 
        United States Code, if such barriers were not part of a 
        project approved by the Secretary before the date of 
        the enactment of this Act.]
          (1) General rule.--No funds made available out of the 
        Highway Trust Fund may be used to construct a Type II 
        noise barrier (as defined by section 772.5(I) of title 
        23, Code of Federal Regulations) pursuant to 
        subsections (h) and (I) of section 109 of title 23, 
        United States Code, unless--
                  (A) such a barrier is part of a project 
                approved by the Secretary before November 28, 
                1995; or
                  (B) such a barrier separates a highway or 
                other noise corridor from a group of structures 
                of which the majority of those closest to the 
                highway or noise corridor--
                          (i) are residential in nature; and
                          (ii) either--
                                  (I) were constructed before 
                                the construction or most recent 
                                widening of the highway or 
                                noise corridor; or
                                  (II) are at least 10 years 
                                old.
          (2) Exceptions.--Paragraph (1) shall not apply to 
        construction of Type II noise barriers along lands that 
        were developed or were under substantial construction 
        before approval of the acquisition of the rights-of-
        ways for, or construction of, the existing highway.
  (c) Route Segments in Wyoming.--
          (1) In general.--The Secretary shall cooperate with 
        the State of Wyoming in monitoring the changes in 
        growth along, and traffic patterns of, the route 
        segments in Wyoming described in paragraph (2), for the 
        purpose of future consideration of the addition of the 
        route segments to the National Highway System in 
        accordance with section 103(b)(6) of title 23, United 
        States Code.
          (2) Route segments.--The route segments referred to 
        in paragraph (1) are--
                  (A) United States Route 191 from Rock Springs 
                to Hoback Junction;
                  (B) United States Route 16 from Worland to 
                Interstate Route 90; and
                  (C) Wyoming Route 59 from Douglas to 
                Gillette.
  (d) Orange Street Bridge, Missoula, Montana.--Notwithstanding 
section 149 of title 23, United States Code, or any other 
provision of law, a project to construct new capacity for the 
Orange Street Bridge in Missoula, Montana, shall be eligible 
for funding under the congestion mitigation and air quality 
improvement program established under such section.
  (e) National Railroad Passenger Corporation Line.--The 
improvements to, or adjacent to, the main line of the National 
Railroad Passenger Corporation between milepost 190.23 at 
Central Falls, Rhode Island, and milepost 168.53 at Davisville, 
Rhode Island, that are necessary to support the rail movement 
of freight shall be eligible for funds apportioned under 
sections 103(e)(4), 104(b)(2), and 104(b)(3) of title 23, 
United States Code.
  (f) Pocono Northeast Railway Company Line.--The improvements 
to the former Pocono Northeast Railway Company freight rail 
line by the Luzerne County Redevelopment Authority that are 
necessary to support the rail movement of freight shall be 
eligible for funds apportioned under sections 104(b)(2) and 
104(b)(3) of title 23, United States Code.
  (g) Brightman Street Bridge, Fall River Harbor, 
Massachusetts.--Notwithstanding any other provision of law, the 
Brightman Street Bridge in Fall River Harbor, Massachusetts, 
may be reconstructed to result in a clear channel width of less 
than 300 feet.
  (h) Atlantic Intracoastal Waterway Bridge Replacement at 
Great Bridge, Chesapeake, Virginia.--The project for navigation 
at Great Bridge, Virginia, Highway 168, over the Atlantic 
Intracoastal Waterway in Chesapeake, Virginia: Report of the 
Chief of Engineers, dated July 1, 1994, at a total cost of 
$23,680,000, with an estimated Federal cost of $20,341,000 and 
an estimated non-Federal cost of $3,339,000. The city of 
Chesapeake shall assume full ownership of the replacement 
bridge to be constructed under the project, including all 
associated operation, maintenance, repair, replacement, and 
rehabilitation costs.
  (i) Federal Lands Highways Program.--Notwithstanding section 
101(a) of title 23, United States Code, and the requirements of 
sections 202 and 204 of such title, the highway projects 
described in section 149(a)(62) of the Surface Transportation 
and Uniform Relocation Assistance Act of 1987 (101 Stat. 191), 
section 1 of Public Law 100-211 (101 Stat. 1442), and Public 
Law 99-647 (100 Stat. 3625) and projects on State Highway 488 
within the Great Basin National Park, Nevada, and United States 
Route 93 from Somers to Whitefish, Montana, shall be eligible 
for assistance under sections 202 and 204 of such title. Any 
funds allocated for fiscal year 1996 and thereafter for such 
projects as a result of enactment of this subsection shall not 
affect the apportionment adjustments made under section 1015 of 
the Intermodal Surface Transportation Efficiency Act of 1991.
  (j) Alameda Transportation Corridor, California.--Funds 
apportioned to the State of California under section 104(b)(1) 
of title 23, United States Code, for the National Highway 
System may be obligated for construction of, and operational 
improvements for, grade separation projects for the Alameda 
Transportation Corridor along Alameda Street from the entrance 
to the ports of Los Angeles and Long Beach to Interstate Route 
10, Los Angeles, California. The Federal share of the costs of 
such projects shall be determined in accordance with section 
120(b) of such title.

           *       *       *       *       *       *       *

                              ----------                              


         PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008



           *       *       *       *       *       *       *
 TITLE VI--CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON 
METROPOLITAN AREA TRANSIT AUTHORITY

           *       *       *       *       *       *       *


SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS 
                    FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.

  (a) Authorization.--
          (1) In general.--Subject to the succeeding provisions 
        of this section, the Secretary of Transportation is 
        authorized to make grants to the Transit Authority, in 
        addition to the contributions authorized under sections 
        3, 14, and 17 of the National Capital Transportation 
        Act of 1969 (sec. 9-1101.01 et seq., D.C. Official 
        Code), for the purpose of financing in part the capital 
        and preventive maintenance projects included in the 
        Capital Improvement Program approved by the Board of 
        Directors of the Transit Authority.
          (2) Definitions.--In this section--
                  (A) the term ``Transit Authority'' means the 
                Washington Metropolitan Area Transit Authority 
                established under Article III of the Compact; 
                and
                  (B) the term ``Compact'' means the Washington 
                Metropolitan Area Transit Authority Compact (80 
                Stat. 1324; Public Law 89-774).
  (b) Use of Funds.--[The Federal] Except as provided in 
subsection (e)(2), the Federal grants made pursuant to the 
authorization under this section shall be subject to the 
following limitations and conditions:
          (1) The work for which such Federal grants are 
        authorized shall be subject to the provisions of the 
        Compact (consistent with the amendments to the Compact 
        described in subsection (d)).
          (2) Each such Federal grant shall be for 50 percent 
        of the net project cost of the project involved, and 
        shall be provided in cash from sources other than 
        Federal funds or revenues from the operation of public 
        mass transportation systems. Consistent with the terms 
        of the amendment to the Compact described in subsection 
        (d)(1), any funds so provided shall be solely from 
        undistributed cash surpluses, replacement or 
        depreciation funds or reserves available in cash, or 
        new capital.
          (3) Such Federal grants may be used only for the 
        maintenance and upkeep of the systems of the Transit 
        Authority as of the date of the enactment of this Act 
        and may not be used to increase the mileage of the rail 
        system.
  (c) Applicability of Requirements For Mass Transportation 
Capital Projects Receiving Funds Under Federal Transportation 
Law.--Except as specifically provided in this section, the use 
of any amounts appropriated pursuant to the authorization under 
this section shall be subject to the requirements applicable to 
capital projects for which funds are provided under chapter 53 
of title 49, United States Code, except to the extent that the 
Secretary of Transportation determines that the requirements 
are inconsistent with the purposes of this section.
  [(d) Amendments to Compact.--No amounts may be provided to 
the Transit Authority pursuant to the authorization under this 
section until the Transit Authority notifies the Secretary of 
Transportation that each of the following amendments to the 
Compact (and any further amendments which may be required to 
implement such amendments) have taken effect:
          [(1)(A) An amendment requiring that all payments by 
        the local signatory governments for the Transit 
        Authority for the purpose of matching any Federal funds 
        appropriated in any given year authorized under 
        subsection (a) for the cost of operating and 
        maintaining the adopted regional system are made from 
        amounts derived from dedicated funding sources.
          [(B) For purposes of this paragraph, the term 
        ``dedicated funding source'' means any source of 
        funding which is earmarked or required under State or 
        local law to be used to match Federal appropriations 
        authorized under this division for payments to the 
        Transit Authority.
          [(2) An amendment establishing an Office of the 
        Inspector General of the Transit Authority.
          [(3) An amendment expanding the Board of Directors of 
        the Transit Authority to include 4 additional Directors 
        appointed by the Administrator of General Services, of 
        whom 2 shall be nonvoting and 2 shall be voting, and 
        requiring one of the voting members so appointed to be 
        a regular passenger and customer of the bus or rail 
        service of the Transit Authority.
  [(e) Access to Wireless Service in Metrorail System.--
          [(1) Requiring transit authority to provide access to 
        service.--No amounts may be provided to the Transit 
        Authority pursuant to the authorization under this 
        section unless the Transit Authority ensures that 
        customers of the rail service of the Transit Authority 
        have access within the rail system to services provided 
        by any licensed wireless provider that notifies the 
        Transit Authority (in accordance with such procedures 
        as the Transit Authority may adopt) of its intent to 
        offer service to the public, in accordance with the 
        following timetable:
                  [(A) Not later than 1 year after the date of 
                the enactment of this Act, in the 20 
                underground rail station platforms with the 
                highest volume of passenger traffic.
                  [(B) Not later than 4 years after such date, 
                throughout the rail system.
          [(2) Access of wireless providers to system for 
        upgrades and maintenance.--No amounts may be provided 
        to the Transit Authority pursuant to the authorization 
        under this section unless the Transit Authority ensures 
        that each licensed wireless provider who provides 
        service to the public within the rail system pursuant 
        to paragraph (1) has access to the system on an ongoing 
        basis (subject to such restrictions as the Transit 
        Authority may impose to ensure that such access will 
        not unduly impact rail operations or threaten the 
        safety of customers or employees of the rail system) to 
        carry out emergency repairs, routine maintenance, and 
        upgrades to the service.
          [(3) Permitting reasonable and customary charges.--
        Nothing in this subsection may be construed to prohibit 
        the Transit Authority from requiring a licensed 
        wireless provider to pay reasonable and customary 
        charges for access granted under this subsection.
          [(4)  Reports.--Not later than 1 year after the date 
        of the enactment of this Act, and each of the 3 years 
        thereafter, the Transit Authority shall submit to the 
        Committee on Oversight and Government Reform of the 
        House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a 
        report on the implementation of this subsection.
          [(5) Definition.--In this subsection, the term 
        ``licensed wireless provider'' means any provider of 
        wireless services who is operating pursuant to a 
        Federal license to offer such services to the public 
        for profit.
  [(f) Amount.--There are authorized to be appropriated to the 
Secretary of Transportation for grants under this section an 
aggregate amount not to exceed $1,500,000,000 to be available 
in increments over 10 fiscal years beginning in fiscal year 
2009, or until expended.]
  (d) Required Board Approval.--No amounts may be provided to 
the Transit Authority under this section until the Transit 
Authority certifies to the Secretary of Transportation that--
          (1) a board resolution has passed on or before July 
        1, 2022, and is in effect for the period of July 1, 
        2022 through June 30, 2031, that--
                  (A) establishes an independent budget 
                authority for the Office of Inspector General 
                of the Transit Authority;
                  (B) establishes an independent procurement 
                authority for the Office of Inspector General 
                of the Transit Authority;
                  (C) establishes an independent hiring 
                authority for the Office of Inspector General 
                of the Transit Authority;
                  (D) ensures the Inspector General of the 
                Transit Authority can obtain legal advice from 
                a counsel reporting directly to the Inspector 
                General;
                  (E) requires the Inspector General of the 
                Transit Authority to submit recommendations for 
                corrective action to the General Manager and 
                the Board of Directors of the Transit 
                Authority;
                  (F) requires the Inspector General of the 
                Transit Authority to publish any recommendation 
                described in subparagraph (E) on the website of 
                the Office of Inspector General of the Transit 
                Authority, except that the Inspector General 
                may redact personally identifiable information 
                and information that, in the determination of 
                the Inspector General, would pose a security 
                risk to the systems of the Transit Authority;
                  (G) requires the Board of Directors of the 
                Transit Authority to provide written notice to 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                and the Committee on Banking, Housing, and 
                Urban Affairs of the Senate not less than 30 
                days before the Board of Directors removes the 
                Inspector General of the Transit Authority, 
                which shall include the reasons for removal and 
                supporting documentation; and
                  (H) prohibits the Board of Directors from 
                removing the Inspector General of the Transit 
                Authority unless the Board of Directors has 
                provided a 30 day written notification as 
                described in subparagraph (G) that documents--
                          (i) a permanent incapacity;
                          (ii) a neglect of duty;
                          (iii) malfeasance;
                          (iv) a conviction of a felony or 
                        conduct involving moral turpitude;
                          (v) a knowing violation of a law or 
                        regulation;
                          (vi) gross mismanagement;
                          (vii) a gross waste of funds;
                          (viii) an abuse of authority; or
                          (ix) inefficiency; and
          (2) the Code of Ethics for Members of the WMATA Board 
        of Directors passed on September 26, 2019, remains in 
        effect, or the Inspector General of the Transit 
        Authority has consulted with any modifications to the 
        Code of Ethics by the Board.
  (e) Authorizations.--
          (1) In general.--There are authorized to be 
        appropriated to the Secretary of Transportation for 
        grants under this section--
                  (A) for fiscal year 2022, $150,000,000;
                  (B) for fiscal year 2023, $155,000,000;
                  (C) for fiscal year 2024, $160,000,000;
                  (D) for fiscal year 2025, $165,000,000;
                  (E) for fiscal year 2026, $170,000,000;
                  (F) for fiscal year 2027, $175,000,000;
                  (G) for fiscal year 2028, $180,000,000;
                  (H) for fiscal year 2029, $185,000,000;
                  (I) for fiscal year 2030, $190,000,000; and
                  (J) for fiscal year 2031, $200,000,000.
          (2) Set aside for office of inspector general of 
        transit authority.--From the amounts in paragraph (1), 
        the Transit Authority shall provide at least 7 percent 
        for each fiscal year to the Office of Inspector General 
        of the Transit Authority to carry out independent and 
        objective audits, investigations, and reviews of 
        Transit Authority programs and operations to promote 
        economy, efficiency, and effectiveness, and to prevent 
        and detect fraud, waste, and abuse in such programs and 
        operations.
  [(g)] (f) Availability.--Amounts appropriated pursuant to the 
authorization under this section shall remain available until 
expended.
                              ----------                              


                          REAL ID ACT OF 2005



           *       *       *       *       *       *       *
DIVISION B--REAL ID ACT OF 2005

           *       *       *       *       *       *       *


    TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL 
IDENTIFICATION CARDS

           *       *       *       *       *       *       *


SEC. 202. MINIMUM REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL 
                    RECOGNITION.

  (a) Minimum Standards for Federal Use.--
          (1) In general.--Beginning 3 years after the date of 
        the enactment of this division, a Federal agency may 
        not accept, for any official purpose, [a driver's 
        license or identification card] a physical or digital 
        driver's license or identification card issued by a 
        State to any person unless the State is meeting the 
        requirements of this section.
          (2) State certifications.--The Secretary shall 
        determine whether a State is meeting the requirements 
        of this section based on certifications made by the 
        State to the Secretary. Such certifications shall be 
        made at such times and in such manner as the Secretary 
        may prescribe by regulation.
          (3) Limitation.--The presentation of digital 
        information from a mobile or digital driver's license 
        or identification card to an official of a Federal 
        agency for an official purpose may not be construed to 
        grant consent for such Federal agency to seize the 
        electronic device on which the license or card is 
        stored or to examine any other information contained on 
        such device.
  (b) Minimum Driver's License and Identification Card 
Requirements.--To meet the requirements of this section, a 
State shall include, at a minimum, the following information 
and features on, or as part of, each driver's license and 
identification card issued to a person by the State:
          (1) The person's full legal name.
          (2) The person's date of birth.
          (3) The person's gender.
          (4) The person's driver's license or identification 
        card number.
          (5) A digital photograph of the person, which may be 
        the photograph taken by the State at the time the 
        person applies for a driver's license or identification 
        card or may be a digital photograph of the person that 
        is already on file with the State.
          (6) The person's address of principal residence.
          (7) The person's signature.
          (8) Security features designed to prevent tampering, 
        counterfeiting, or duplication of the driver's license 
        or identification card for fraudulent purposes.
          (9) A common machine-readable technology, with 
        defined minimum data elements.
  (c) Minimum Issuance Standards.--
          (1) In general.--To meet the requirements of this 
        section, a State shall require, at a minimum, 
        presentation and verification of the following 
        information before issuing a driver's license or 
        identification card to a person:
                  (A) A photo identity document, except that a 
                non-photo identity document is acceptable if it 
                includes both the person's full legal name and 
                date of birth.
                  (B) Documentation showing the person's date 
                of birth.
                  (C) The person's social security account 
                number or verification that the person is not 
                eligible for a social security account number.
                  (D) Documentation showing the person's name 
                and address of principal residence.
          (2) Special requirements.--
                  (A) In general.--To meet the requirements of 
                this section, a State shall comply with the 
                minimum standards of this paragraph.
                  (B) Evidence of lawful status.--A State shall 
                require, before issuing a driver's license or 
                identification card to a person, valid 
                documentary evidence that the person--
                          (i) is a citizen or national of the 
                        United States;
                          (ii) is an alien lawfully admitted 
                        for permanent or temporary residence in 
                        the United States;
                          (iii) has conditional permanent 
                        resident status in the United States;
                          (iv) has an approved application for 
                        asylum in the United States or has 
                        entered into the United States in 
                        refugee status;
                          (v) has a valid, unexpired 
                        nonimmigrant visa or nonimmigrant visa 
                        status for entry into the United 
                        States;
                          (vi) has a pending application for 
                        asylum in the United States;
                          (vii) has a pending or approved 
                        application for temporary protected 
                        status in the United States;
                          (viii) has approved deferred action 
                        status;
                          (ix) has a pending application for 
                        adjustment of status to that of an 
                        alien lawfully admitted for permanent 
                        residence in the United States or 
                        conditional permanent resident status 
                        in the United States; or
                          (x) is a citizen of the Republic of 
                        the Marshall Islands, the Federated 
                        States of Micronesia, or the Republic 
                        of Palau who has been admitted to the 
                        United States as a nonimmigrant 
                        pursuant to a Compact of Free 
                        Association between the United States 
                        and the Republic or Federated States.
                  (C) Temporary drivers' licenses and 
                identification cards.--
                          (i) In general.--If a person presents 
                        evidence under any of clauses (v) 
                        through (ix) of subparagraph (B), the 
                        State may only issue a temporary 
                        driver's license or temporary 
                        identification card to the person.
                          (ii) Expiration date.--A temporary 
                        driver's license or temporary 
                        identification card issued pursuant to 
                        this subparagraph shall be valid only 
                        during the period of time of the 
                        applicant's authorized stay in the 
                        United States or, if there is no 
                        definite end to the period of 
                        authorized stay, a period of one year.
                          (iii) Display of expiration date.--A 
                        temporary driver's license or temporary 
                        identification card issued pursuant to 
                        this subparagraph shall clearly 
                        indicate that it is temporary and shall 
                        state the date on which it expires.
                          (iv) Renewal.--A temporary driver's 
                        license or temporary identification 
                        card issued pursuant to this 
                        subparagraph may be renewed only upon 
                        presentation of valid documentary 
                        evidence that the status by which the 
                        applicant qualified for the temporary 
                        driver's license or temporary 
                        identification card has been extended 
                        by the Secretary of Homeland Security.
          (3) Electronic presentation of identity and lawful 
        status information.--A State may accept information 
        required under paragraphs (1) and (2) through the use 
        of electronic transmission methods if--
                  (A) the Secretary issues regulations 
                regarding such electronic transmission that--
                          (i) describe the categories of 
                        information eligible for electronic 
                        transmission; and
                          (ii) include measures--
                                  (I) to ensure the 
                                authenticity of the information 
                                transmitted;
                                  (II) to protect personally 
                                identifiable information; and
                                  (III) to detect and prevent 
                                identity fraud; and
                  (B) the State certifies to the Department of 
                Homeland Security that its use of such 
                electronic methods complies with regulations 
                issued by the Secretary.
          (4) Verification of documents.--To meet the 
        requirements of this section, a State shall implement 
        the following procedures:
                  (A) Before issuing a driver's license or 
                identification card to a person, the State 
                shall verify, with the issuing agency, the 
                issuance, validity, and completeness of the 
                information and documentation required to be 
                presented by the person under paragraph (1) or 
                (2).
                  (B) The State shall not accept any foreign 
                document, other than an official passport, to 
                satisfy a requirement of paragraph (1) or (2).
                  (C) Not later than September 11, 2005, the 
                State shall enter into a memorandum of 
                understanding with the Secretary of Homeland 
                Security to routinely utilize the automated 
                system known as Systematic Alien Verification 
                for Entitlements, as provided for by section 
                404 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (110 Stat. 
                3009-664), to verify the legal presence status 
                of a person, other than a United States 
                citizen, applying for a driver's license or 
                identification card.
  (d) Other Requirements.--To meet the requirements of this 
section, a State shall adopt the following practices in the 
issuance of drivers' licenses and identification cards:
          (1) Employ technology to capture digital images of 
        identity source documents so that the images can be 
        retained in electronic storage in a transferable 
        format.
          (2) Retain paper copies of source documents for a 
        minimum of 7 years or images of source documents 
        presented for a minimum of 10 years.
          (3) Subject each person applying for a driver's 
        license or identification card to mandatory facial 
        image capture.
          (4) Establish an effective procedure to confirm or 
        verify a renewing applicant's information.
          (5) Confirm with the Social Security Administration a 
        social security account number presented by a person 
        using the full social security account number. In the 
        event that a social security account number is already 
        registered to or associated with another person to 
        which any State has issued a driver's license or 
        identification card, the State shall resolve the 
        discrepancy and take appropriate action.
          (6) Refuse to issue a driver's license or 
        identification card to a person holding a driver's 
        license issued by another State without confirmation 
        that the person is terminating or has terminated the 
        driver's license.
          (7) Ensure the physical security of locations where 
        drivers' licenses and identification cards are produced 
        and the security of materials, records, and data from 
        which drivers' licenses and identification cards are 
        produced.
          (8) Subject all persons authorized to manufacture or 
        produce drivers' licenses and identification cards to 
        appropriate background checks.
          (9) Establish fraud detection and prevention training 
        programs for appropriate employees engaged in the 
        issuance of drivers' licenses and identification cards.
          (10) Limit the period of validity of all driver's 
        licenses and identification cards that are not 
        temporary to a period that does not exceed 8 years.
          (11) In any case in which the State issues a driver's 
        license or identification card that does not satisfy 
        the requirements of this section, ensure that such 
        license or identification card--
                  (A) clearly states on its face that it may 
                not be accepted by any Federal agency for 
                federal identification or any other official 
                purpose; and
                  (B) uses a unique design or color indicator 
                to alert Federal agency and other law 
                enforcement personnel that it may not be 
                accepted for any such purpose.
          (12) Provide electronic access to all other States to 
        information contained in the motor vehicle database of 
        the State.
          (13) Maintain a State motor vehicle database that 
        contains, at a minimum--
                  (A) all data fields printed on drivers' 
                licenses and identification cards issued by the 
                State; and
                  (B) motor vehicle drivers' histories, 
                including motor vehicle violations, 
                suspensions, and points on licenses.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 47--FRAUD AND FALSE STATEMENTS

           *       *       *       *       *       *       *


Sec. 1028. Fraud and related activity in connection with identification 
                    documents, authentication features, and information

  (a) Whoever, in a circumstance described in subsection (c) of 
this section--
          (1) knowingly and without lawful authority produces 
        an identification document, authentication feature, or 
        a false identification document;
          (2) knowingly transfers an identification document, 
        authentication feature, or a false identification 
        document knowing that such document or feature was 
        stolen or produced without lawful authority;
          (3) knowingly possesses with intent to use unlawfully 
        or transfer unlawfully five or more identification 
        documents (other than those issued lawfully for the use 
        of the possessor), authentication features, or false 
        identification documents;
          (4) knowingly possesses an identification document 
        (other than one issued lawfully for the use of the 
        possessor), authentication feature, or a false 
        identification document, with the intent such document 
        or feature be used to defraud the United States;
          (5) knowingly produces, transfers, or possesses a 
        document-making implement or authentication feature 
        with the intent such document-making implement or 
        authentication feature will be used in the production 
        of a false identification document or another document-
        making implement or authentication feature which will 
        be so used;
          (6) knowingly possesses an identification document or 
        authentication feature that is or appears to be an 
        identification document or authentication feature of 
        the United States or a sponsoring entity of an event 
        designated as a special event of national significance 
        which is stolen or produced without lawful authority 
        knowing that such document or feature was stolen or 
        produced without such authority;
          (7) knowingly transfers, possesses, or uses, without 
        lawful authority, a means of identification of another 
        person with the intent to commit, or to aid or abet, or 
        in connection with, any unlawful activity that 
        constitutes a violation of Federal law, or that 
        constitutes a felony under any applicable State or 
        local law; or
          (8) knowingly traffics in false or actual 
        authentication features for use in false identification 
        documents, document-making implements, or means of 
        identification;
shall be punished as provided in subsection (b) of this 
section.
  (b) The punishment for an offense under subsection (a) of 
this section is--
          (1) except as provided in paragraphs (3) and (4), a 
        fine under this title or imprisonment for not more than 
        15 years, or both, if the offense is--
                  (A) the production or transfer of an 
                identification document, authentication 
                feature, or false identification document that 
                is or appears to be--
                          (i) an identification document or 
                        authentication feature issued by or 
                        under the authority of the United 
                        States; or
                          (ii) a birth certificate, or a 
                        driver's license or personal 
                        identification card;
                  (B) the production or transfer of more than 
                five identification documents, authentication 
                features, or false identification documents;
                  (C) an offense under paragraph (5) of such 
                subsection; or
                  (D) an offense under paragraph (7) of such 
                subsection that involves the transfer, 
                possession, or use of 1 or more means of 
                identification if, as a result of the offense, 
                any individual committing the offense obtains 
                anything of value aggregating $1,000 or more 
                during any 1-year period;
          (2) except as provided in paragraphs (3) and (4), a 
        fine under this title or imprisonment for not more than 
        5 years, or both, if the offense is--
                  (A) any other production, transfer, or use of 
                a means of identification, an identification 
                document,, authentication feature, or a false 
                identification document; or
                  (B) an offense under paragraph (3) or (7) of 
                such subsection;
          (3) a fine under this title or imprisonment for not 
        more than 20 years, or both, if the offense is 
        committed--
                  (A) to facilitate a drug trafficking crime 
                (as defined in section 929(a)(2));
                  (B) in connection with a crime of violence 
                (as defined in section 924(c)(3)); or
                  (C) after a prior conviction under this 
                section becomes final;
          (4) a fine under this title or imprisonment for not 
        more than 30 years, or both, if the offense is 
        committed to facilitate an act of domestic terrorism 
        (as defined under section 2331(5) of this title) or an 
        act of international terrorism (as defined in section 
        2331(1) of this title);
          (5) in the case of any offense under subsection (a), 
        forfeiture to the United States of any personal 
        property used or intended to be used to commit the 
        offense; and
          (6) a fine under this title or imprisonment for not 
        more than one year, or both, in any other case.
  (c) The circumstance referred to in subsection (a) of this 
section is that--
          (1) the identification document, authentication 
        feature, or false identification document is or appears 
        to be issued by or under the authority of the United 
        States or a sponsoring entity of an event designated as 
        a special event of national significance or the 
        document-making implement is designed or suited for 
        making such an identification document, authentication 
        feature, or false identification document;
          (2) the offense is an offense under subsection (a)(4) 
        of this section; or
          (3) either--
                  (A) the production, transfer, possession, or 
                use prohibited by this section is in or affects 
                interstate or foreign commerce, including the 
                transfer of a document by electronic means; or
                  (B) the means of identification, 
                identification document, false identification 
                document, or document-making implement is 
                transported in the mail in the course of the 
                production, transfer, possession, or use 
                prohibited by this section.
  (d) In this section and section 1028A--
          (1) the term ``authentication feature'' means any 
        hologram, watermark, certification, symbol, code, 
        image, sequence of numbers or letters, or other feature 
        that either individually or in combination with another 
        feature is used by the issuing authority on an 
        identification document, document-making implement, or 
        means of identification to determine if the document is 
        counterfeit, altered, or otherwise falsified;
          (2) the term ``document-making implement'' means any 
        implement, impression, template, computer file, 
        computer disc, electronic device, or computer hardware 
        or software, that is specifically configured or 
        primarily used for making an identification document, a 
        false identification document, or another document-
        making implement;
          (3) the term ``identification document'' means a 
        document made or issued by or under the authority of 
        the United States Government, a State, political 
        subdivision of a State, a sponsoring entity of an event 
        designated as a special event of national significance, 
        a foreign government, political subdivision of a 
        foreign government, an international governmental or an 
        international quasi-governmental organization which, 
        when completed with information concerning a particular 
        individual, is of a type intended or commonly accepted 
        for the purpose of identification of individuals;
          (4) the term ``false identification document'' means 
        a document of a type intended or commonly accepted for 
        the purposes of identification of individuals that--
                  (A) is not issued by or under the authority 
                of a governmental entity or was issued under 
                the authority of a governmental entity but was 
                subsequently altered for purposes of deceit; 
                and
                  (B) appears to be issued by or under the 
                authority of the United States Government, a 
                State, a political subdivision of a State, a 
                sponsoring entity of an event designated by the 
                President as a special event of national 
                significance, a foreign government, a political 
                subdivision of a foreign government, or an 
                international governmental or quasi-
                governmental organization;
          (5) the term ``false authentication feature'' means 
        an authentication feature that--
                  (A) is genuine in origin, but, without the 
                authorization of the issuing authority, has 
                been tampered with or altered for purposes of 
                deceit;
                  (B) is genuine, but has been distributed, or 
                is intended for distribution, without the 
                authorization of the issuing authority and not 
                in connection with a lawfully made 
                identification document, document-making 
                implement, or means of identification to which 
                such authentication feature is intended to be 
                affixed or embedded by the respective issuing 
                authority; or
                  (C) appears to be genuine, but is not;
          (6) the term ``issuing authority''--
                  (A) means any governmental entity or agency 
                that is authorized to issue identification 
                documents, means of identification, or 
                authentication features; and
                  (B) includes the United States Government, a 
                State, a political subdivision of a State, a 
                sponsoring entity of an event designated by the 
                President as a special event of national 
                significance, a foreign government, a political 
                subdivision of a foreign government, or an 
                international government or quasi-governmental 
                organization;
          (7) the term ``means of identification'' means any 
        name or number that may be used, alone or in 
        conjunction with any other information, to identify a 
        specific individual, including any--
                  (A) name, social security number, date of 
                birth, official State or [government issued 
                driver's license] government issued physical or 
                digital driver's license or identification 
                number, alien registration number, government 
                passport number, employer or taxpayer 
                identification number;
                  (B) unique biometric data, such as 
                fingerprint, voice print, retina or iris image, 
                or other unique physical representation;
                  (C) unique electronic identification number, 
                address, or routing code; or
                  (D) telecommunication identifying information 
                or access device (as defined in section 
                1029(e));
          (8) the term ``personal identification card'' means 
        an identification document issued by a State or local 
        government solely for the purpose of identification;
          (9) the term ``produce'' includes alter, 
        authenticate, or assemble;
          (10) the term ``transfer'' includes selecting an 
        identification document, false identification document, 
        or document-making implement and placing or directing 
        the placement of such identification document, false 
        identification document, or document-making implement 
        on an online location where it is available to others;
          (11) the term ``State'' includes any State of the 
        United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, and any other 
        commonwealth, possession, or territory of the United 
        States; and
          (12) the term ``traffic'' means--
                  (A) to transport, transfer, or otherwise 
                dispose of, to another, as consideration for 
                anything of value; or
                  (B) to make or obtain control of with intent 
                to so transport, transfer, or otherwise dispose 
                of.
  (e) This section does not prohibit any lawfully authorized 
investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a 
political subdivision of a State, or of an intelligence agency 
of the United States, or any activity authorized under chapter 
224 of this title.
  (f) Attempt and Conspiracy.--Any person who attempts or 
conspires to commit any offense under this section shall be 
subject to the same penalties as those prescribed for the 
offense, the commission of which was the object of the attempt 
or conspiracy.
  (g) Forfeiture Procedures.--The forfeiture of property under 
this section, including any seizure and disposition of the 
property and any related judicial or administrative proceeding, 
shall be governed by the provisions of section 413 (other than 
subsection (d) of that section) of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 853).
  (h) Forfeiture; Disposition.--In the circumstance in which 
any person is convicted of a violation of subsection (a), the 
court shall order, in addition to the penalty prescribed, the 
forfeiture and destruction or other disposition of all illicit 
authentication features, identification documents, document-
making implements, or means of identification.
  (i) Rule of Construction.--For purpose of subsection (a)(7), 
a single identification document or false identification 
document that contains 1 or more means of identification shall 
be construed to be 1 means of identification.

           *       *       *       *       *       *       *

                              ----------                              


                FAA MODERNIZATION AND REFORM ACT OF 2012

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``FAA 
Modernization and Reform Act of 2012''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                    Subtitle B--Essential Air Service

     * * * * * * *

                        TITLE VIII--MISCELLANEOUS

     * * * * * * *
[Sec. 828. Air transportation of lithium cells and batteries.]

           *       *       *       *       *       *       *


TITLE VIII--MISCELLANEOUS

           *       *       *       *       *       *       *


[SEC. 828. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.

  [(a) In General.--The Secretary of Transportation, including 
a designee of the Secretary, may not issue or enforce any 
regulation or other requirement regarding the transportation by 
aircraft of lithium metal cells or batteries or lithium ion 
cells or batteries, whether transported separately or packed 
with or contained in equipment, if the requirement is more 
stringent than the requirements of the ICAO Technical 
Instructions.
  [(b) Exceptions.--
          [(1) Passenger carrying aircraft.--Notwithstanding 
        subsection (a), the Secretary may enforce the 
        prohibition on transporting primary (non-rechargeable) 
        lithium batteries and cells aboard passenger carrying 
        aircraft set forth in special provision A100 under 
        section 172.102(c)(2) of title 49, Code of Federal 
        Regulations (as in effect on the date of enactment of 
        this Act).
          [(2) Credible reports.--Notwithstanding subsection 
        (a), if the Secretary obtains a credible report with 
        respect to a safety incident from a national or 
        international governmental regulatory or investigating 
        body that demonstrates that the presence of lithium 
        metal cells or batteries or lithium ion cells or 
        batteries on an aircraft, whether transported 
        separately or packed with or contained in equipment, in 
        accordance with the requirements of the ICAO Technical 
        Instructions, has substantially contributed to the 
        initiation or propagation of an onboard fire, the 
        Secretary--
                  [(A) may issue and enforce an emergency 
                regulation, more stringent than the 
                requirements of the ICAO Technical 
                Instructions, that governs the transportation 
                by aircraft of such cells or batteries, if that 
                regulation--
                          [(i) addresses solely deficiencies 
                        referenced in the report; and
                          [(ii) is effective for not more than 
                        1 year; and
                  [(B) may adopt and enforce a permanent 
                regulation, more stringent than the 
                requirements of the ICAO Technical 
                Instructions, that governs the transportation 
                by aircraft of such cells or batteries, if--
                          [(i) the Secretary bases the 
                        regulation upon substantial credible 
                        evidence that the otherwise permissible 
                        presence of such cells or batteries 
                        would substantially contribute to the 
                        initiation or propagation of an onboard 
                        fire;
                          [(ii) the regulation addresses solely 
                        the deficiencies in existing 
                        regulations; and
                          [(iii) the regulation imposes the 
                        least disruptive and least expensive 
                        variation from existing requirements 
                        while adequately addressing identified 
                        deficiencies.
  [(c) ICAO Technical Instructions Defined.--In this section, 
the term ``ICAO Technical Instructions'' means the 
International Civil Aviation Organization Technical 
Instructions for the Safe Transport of Dangerous Goods by Air 
(as amended, including amendments adopted after the date of 
enactment of this Act).]

           *       *       *       *       *       *       *

                              ----------                              


                    FAA REAUTHORIZATION ACT OF 2018



           *       *       *       *       *       *       *
DIVISION B--FAA REAUTHORIZATION ACT OF 2018

           *       *       *       *       *       *       *


                           TITLE III--SAFETY

Subtitle A--General Provisions

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SEC. 333. SAFE AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.

  (a) Harmonization With ICAO Technical Instructions.--
          (1) Adoption of icao instructions.--
                  [(A) In general.--] [Pursuant to section 828 
                of the FAA Modernization and Reform Act of 2012 
                (49 U.S.C. 44701 note), not later than 90 days 
                after the date of enactment of this Act, the 
                Secretary] The Secretary of Transportation 
                shall conform United States regulations on the 
                air transport of lithium cells and batteries 
                with the lithium cells and battery requirements 
                in the 2015-2016 edition of the International 
                Civil Aviation Organization's (referred to in 
                this subsection as ``ICAO'') Technical 
                Instructions (to include all addenda), 
                including the revised standards adopted by ICAO 
                which became effective on April 1, 2016 and any 
                further revisions adopted by ICAO prior to the 
                effective date of the FAA Reauthorization Act 
                of 2018.
                  [(B) Further proceedings.--Beginning on the 
                date the revised regulations under subparagraph 
                (A) are published in the Federal Register, any 
                lithium cell and battery rulemaking action or 
                update commenced on or after that date shall 
                continue to comply with the requirements under 
                section 828 of the FAA Modernization and Reform 
                Act of 2012 (49 U.S.C. 44701 note).]
          (2) Review of other regulations.--[Pursuant to 
        section 828 of the FAA Modernization and Reform Act of 
        2012 (49 U.S.C. 44701 note), the Secretary] The 
        Secretary of Transportation may initiate a review of 
        other existing regulations regarding the air 
        transportation, including passenger-carrying and cargo 
        aircraft, of lithium batteries and cells.
  (b) Medical Device Batteries.--
          (1) In general.--For United States applicants, the 
        Secretary of Transportation shall consider and either 
        grant or deny, not later than 45 days after receipt of 
        an application, an application submitted in compliance 
        with part 107 of title 49, Code of Federal Regulations, 
        for special permits or approvals for air transportation 
        of lithium ion cells or batteries specifically used by 
        medical devices. Not later than 30 days after the date 
        of application, the Pipeline and Hazardous Materials 
        Safety Administration shall provide a draft special 
        permit to the Federal Aviation Administration based on 
        the application. The Federal Aviation Administration 
        shall conduct an on-site inspection for issuance of the 
        special permit not later than 20 days after the date of 
        receipt of the draft special permit from the Pipeline 
        and Hazardous Materials Safety Administration.
          (2) Limited exceptions to restrictions on air 
        transportation of medical device batteries.--The 
        Secretary shall issue limited exceptions to the 
        restrictions on transportation of lithium ion and 
        lithium metal batteries to allow the shipment on a 
        passenger aircraft of not more than 2 replacement 
        batteries specifically used for a medical device if--
                  (A) the intended destination of the batteries 
                is not serviced daily by cargo aircraft if a 
                battery is required for medically necessary 
                care; and
                  (B) with regard to a shipper of lithium ion 
                or lithium metal batteries for medical devices 
                that cannot comply with a charge limitation in 
                place at the time, each battery is--
                          (i) individually packed in an inner 
                        packaging that completely encloses the 
                        battery;
                          (ii) placed in a rigid outer 
                        packaging; and
                          (iii) protected to prevent a short 
                        circuit.
          (3) Medial device defined.--ln this subsection, the 
        term ``medical device'' means an instrument, apparatus, 
        implement, machine, contrivance, implant, or in vitro 
        reagent, including any component, part, or accessory 
        thereof, which is intended for use in the diagnosis of 
        disease or other conditions, or in the cure, 
        mitigation, treatment, or prevention of disease, of a 
        person.
          [(4) Savings clause.--Nothing in this subsection 
        shall be construed as expanding or constricting any 
        other authority the Secretary of Transportation has 
        under section 828 of the FAA Modernization and Reform 
        Act of 2012 (49 U.S.C. 44701 note).]
  (c) Lithium Battery Safety Working Group.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary of 
        Transportation shall establish a lithium battery safety 
        working group (referred to as the ``working group'' in 
        this section) to promote and coordinate efforts related 
        to the promotion of the safe manufacture, use, and 
        transportation of lithium batteries and cells.
          (2) Duties.--The working group shall coordinate and 
        facilitate the transfer of knowledge and expertise 
        among the following Federal agencies:
                  (A) The Department of Transportation.
                  (B) The Consumer Product Safety Commission.
                  (C) The National Institute on Standards and 
                Technology.
                  (D) The Food and Drug Administration.
          (3) Members.--The Secretary shall appoint not more 
        than 8 members to the working group with expertise in 
        the safe manufacture, use, or transportation of lithium 
        batteries and cells.
          (4) Subcommittees.--The Secretary, or members of the 
        working group, may--
                  (A) establish working group subcommittees to 
                focus on specific issues related to the safe 
                manufacture, use, or transportation of lithium 
                batteries and cells; and
                  (B) include in a subcommittee the 
                participation of nonmember stakeholders with 
                expertise in areas that the Secretary or 
                members consider necessary.
          (5) Report.--Not later than 1 year after the date it 
        is established, the working group shall--
                  (A) identify and assess--
                          (i) additional ways to decrease the 
                        risk of fires and explosions from 
                        lithium batteries and cells;
                          (ii) additional ways to ensure 
                        uniform transportation requirements for 
                        both bulk and individual batteries; and
                          (iii) new or existing technologies 
                        that may reduce the fire and explosion 
                        risk of lithium batteries and cells; 
                        and
                  (B) transmit to the appropriate committees of 
                Congress a report on the assessments conducted 
                under subparagraph (A), including any 
                legislative recommendations to effectuate the 
                safety improvements described in clauses (i) 
                through (iii) of that subparagraph.
          (6) Termination.--The working group, and any working 
        group subcommittees, shall terminate 90 days after the 
        date the report is transmitted under paragraph (5).
  (d) Lithium Battery Air Safety Advisory Committee.--
          (1) Establishment.--Not later than 60 days after the 
        date of enactment of this Act, the Secretary shall 
        establish, in accordance with the requirements of the 
        Federal Advisory Committee Act (5 U.S.C. App.), a 
        lithium ion and lithium metal battery air safety 
        advisory committee (in this subsection referred to as 
        the ``Committee'').
          (2) Duties.--The Committee shall--
                  (A) facilitate communication between 
                manufacturers of lithium ion and lithium metal 
                cells and batteries, manufacturers of products 
                incorporating both large and small lithium ion 
                and lithium metal batteries, air carriers, and 
                the Federal Government regarding the safe air 
                transportation of lithium ion and lithium metal 
                cells and batteries and the effectiveness and 
                economic and social impacts of the regulation 
                of such transportation;
                  (B) provide the Secretary, the Federal 
                Aviation Administration, and the Pipeline and 
                Hazardous Materials Safety Administration with 
                timely information about new lithium ion and 
                lithium metal battery technology and 
                transportation safety practices and 
                methodologies;
                  (C) provide a forum for the Secretary to 
                provide information on and to discuss the 
                activities of the Department of Transportation 
                relating to lithium ion and lithium metal 
                battery transportation safety, the policies 
                underlying the activities, and positions to be 
                advocated in international forums;
                  (D) provide a forum for the Secretary to 
                provide information and receive advice on--
                          (i) activities carried out throughout 
                        the world to communicate and enforce 
                        relevant United States regulations and 
                        the ICAO Technical Instructions; and
                          (ii) the effectiveness of the 
                        activities;
                  (E) provide advice and recommendations to the 
                Secretary with respect to lithium ion and 
                lithium metal battery air transportation 
                safety, including how best to implement 
                activities to increase awareness of relevant 
                requirements and their importance to travelers 
                and shippers; and
                  (F) review methods to decrease the risk posed 
                by air shipment of undeclared hazardous 
                materials and efforts to educate those who 
                prepare and offer hazardous materials for 
                shipment via air transport.
          (3) Membership.--The Committee shall be composed of 
        the following members:
                  (A) Individuals appointed by the Secretary to 
                represent--
                          (i) large volume manufacturers of 
                        lithium ion and lithium metal cells and 
                        batteries;
                          (ii) domestic manufacturers of 
                        lithium ion and lithium metal batteries 
                        or battery packs;
                          (iii) manufacturers of consumer 
                        products powered by lithium ion and 
                        lithium metal batteries;
                          (iv) manufacturers of vehicles 
                        powered by lithium ion and lithium 
                        metal batteries;
                          (v) marketers of products powered by 
                        lithium ion and lithium metal 
                        batteries;
                          (vi) cargo air service providers 
                        based in the United States;
                          (vii) passenger air service providers 
                        based in the United States;
                          (viii) pilots and employees of air 
                        service providers described in clauses 
                        (vi) and (vii);
                          (ix) shippers of lithium ion and 
                        lithium metal batteries for air 
                        transportation;
                          (x) manufacturers of battery-powered 
                        medical devices or batteries used in 
                        medical devices; and
                          (xi) employees of the Department of 
                        Transportation, including employees of 
                        the Federal Aviation Administration and 
                        the Pipeline and Hazardous Materials 
                        Safety Administration.
                  (B) Representatives of such other Government 
                departments and agencies as the Secretary 
                determines appropriate.
                  (C) Any other individuals the Secretary 
                determines are appropriate to comply with 
                Federal law.
          (4) Report.--
                  (A) In general.--Not later than 180 days 
                after the establishment of the Committee, the 
                Committee shall submit to the Secretary and the 
                appropriate committees of Congress a report 
                that--
                          (i) describes and evaluates the steps 
                        being taken in the private sector and 
                        by international regulatory authorities 
                        to implement and enforce requirements 
                        relating to the safe transportation by 
                        air of bulk shipments of lithium ion 
                        cells and batteries; and
                          (ii) identifies any areas of 
                        enforcement or regulatory requirements 
                        for which there is consensus that 
                        greater attention is needed.
                  (B) Independent statements.--Each member of 
                the Committee shall be provided an opportunity 
                to submit an independent statement of views 
                with the report submitted pursuant to 
                subparagraph (A).
          (5) Meetings.--
                  (A) In general.--The Committee shall meet at 
                the direction of the Secretary and at least 
                twice a year.
                  (B) Preparation for icao meetings.--
                Notwithstanding subparagraph (A), the Secretary 
                shall convene a meeting of the Committee in 
                connection with and in advance of each meeting 
                of the International Civil Aviation 
                Organization, or any of its panels or working 
                groups, addressing the safety of air 
                transportation of lithium ion and lithium metal 
                batteries to brief Committee members on 
                positions to be taken by the United States at 
                such meeting and provide Committee members a 
                meaningful opportunity to comment.
          (6) Termination.--The Committee shall terminate on 
        the date that is 6 years after the date on which the 
        Committee is established.
          (7) Termination of future of aviation advisory 
        committee.--The Future of Aviation Advisory Committee 
        shall terminate on the date on which the lithium ion 
        battery air safety advisory committee is established.
  (e) Cooperative Efforts to Ensure Compliance With Safety 
Regulations.--
          (1) In general.--The Secretary of Transportation, in 
        coordination with appropriate Federal agencies, shall 
        carry out cooperative efforts to ensure that shippers 
        who offer lithium ion and lithium metal batteries for 
        air transport to or from the United States comply with 
        U.S. Hazardous Materials Regulations and ICAO Technical 
        Instructions.
          (2) Cooperative efforts.--The cooperative efforts the 
        Secretary shall carry out pursuant to paragraph (1) 
        include the following:
                  (A) Encouraging training programs at 
                locations outside the United States from which 
                substantial cargo shipments of lithium ion or 
                lithium metal batteries originate for 
                manufacturers, freight forwarders, and other 
                shippers and potential shippers of lithium ion 
                and lithium metal batteries.
                  (B) Working with Federal, regional, and 
                international transportation agencies to ensure 
                enforcement of U.S. Hazardous Materials 
                Regulations and ICAO Technical Instructions 
                with respect to shippers who offer noncompliant 
                shipments of lithium ion and lithium metal 
                batteries.
                  (C) Sharing information, as appropriate, with 
                Federal, regional, and international 
                transportation agencies regarding noncompliant 
                shipments.
                  (D) Pursuing a joint effort with the 
                international aviation community to develop a 
                process to obtain assurances that appropriate 
                enforcement actions are taken to reduce the 
                likelihood of noncompliant shipments, 
                especially with respect to jurisdictions in 
                which enforcement activities historically have 
                been limited.
                  (E) Providing information in brochures and on 
                the internet in appropriate foreign languages 
                and dialects that describes the actions 
                required to comply with U.S. Hazardous 
                Materials Regulations and ICAO Technical 
                Instructions.
                  (F) Developing joint efforts with the 
                international aviation community to promote a 
                better understanding of the requirements of and 
                methods of compliance with U.S. Hazardous 
                Materials Regulations and ICAO Technical 
                Instructions.
          (3) Reporting.--Not later than 120 days after the 
        date of enactment of this Act, and annually thereafter 
        for 2 years, the Secretary shall submit to the 
        appropriate committees of Congress a report on 
        compliance with the policy set forth in subsection (e) 
        and the cooperative efforts carried out, or planned to 
        be carried out, under this subsection.
  (f) Packaging Improvements.--Not later than 180 days after 
the date of enactment of this Act, the Secretary, in 
consultation with interested stakeholders, shall submit to the 
appropriate committees of Congress an evaluation of current 
practices for the packaging of lithium ion batteries and cells 
for air transportation, including recommendations, if any, to 
improve the packaging of such batteries and cells for air 
transportation in a safe, efficient, and cost-effective manner.
  (g) Department of Transportation Policy on International 
Representation.--
          (1) In general.--It shall be the policy of the 
        Department of Transportation to support the 
        participation of industry and labor stakeholders in all 
        panels and working groups of the dangerous goods panel 
        of the ICAO and any other international test or 
        standard setting organization that considers proposals 
        on the safety or transportation of lithium ion and 
        lithium metal batteries in which the United States 
        participates.
          (2) Participation.--The Secretary of Transportation 
        shall request that as part of the ICAO deliberations in 
        the dangerous goods panel on these issues, that 
        appropriate experts on issues under consideration be 
        allowed to participate.
  (h) Definitions.--In this section, the following definitions 
apply:
          [(1) ICAO technical instructions.--The term ``ICAO 
        Technical Instructions'' has the meaning given that 
        term in section 828(c) of the FAA Modernization and 
        Reform Act of 2012 (49 U.S.C. 44701 note).]
          (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.
          (2) U.S. hazardous materials regulations.--The term 
        ``U.S. Hazardous Materials Regulations'' means the 
        regulations in parts 100 through 177 of title 49, Code 
        of Federal Regulations (including amendments adopted 
        after the date of enactment of this Act).

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       RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976



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TITLE V--RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

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SEC. 502. DIRECT LOANS AND LOAN GUARANTEES.

  (a) General Authority.--The Secretary shall provide direct 
loans and loan guarantees to--
          (1) State and local governments;
          (2) interstate compacts consented to by Congress 
        under section 410(a) of the Amtrak Reform and 
        Accountability Act of 1997 (49 U.S.C. 24101 note);
          (3) government sponsored authorities and 
        corporations;
          (4) railroads;
          (5) joint ventures that include at least 1 of the 
        entities described in paragraph (1), (2), (3), (4), or 
        (6); and
          (6) solely for the purpose of constructing a rail 
        connection between a plant or facility and a railroad, 
        limited option freight shippers that own or operate a 
        plant or other facility.
  (b) Eligible Purposes.--
          (1) In general.--Direct loans and loan guarantees 
        under this section shall be used to--
                  (A) acquire, improve, or rehabilitate 
                intermodal or rail equipment or facilities, 
                including track, components of track, civil 
                works such as cuts and fills, stations, 
                tunnels, bridges, yards, buildings, and shops, 
                and costs related to these activities, 
                including pre-construction costs;
                  (B) refinance outstanding debt incurred for 
                the purposes described in subparagraph (A) or 
                (C);
                  (C) develop or establish new intermodal or 
                railroad facilities;
                  (D) reimburse planning, permitting, and 
                design expenses relating to activities 
                described in subparagraph (A) or (C); or
                  (E) finance economic development, including 
                commercial and residential development, and 
                related infrastructure and activities, that--
                          (i) incorporates private investment;
                          (ii) is physically or functionally 
                        related to a passenger rail station or 
                        multimodal station that includes rail 
                        service;
                          (iii) has a high probability of the 
                        applicant commencing the contracting 
                        process for construction not later than 
                        90 days after the date on which the 
                        direct loan or loan guarantee is 
                        obligated for the project under this 
                        title; and
                          (iv) has a high probability of 
                        reducing the need for financial 
                        assistance under any other Federal 
                        program for the relevant passenger rail 
                        station or service by increasing 
                        ridership, tenant lease payments, or 
                        other activities that generate revenue 
                        exceeding costs.
          (2) Operating expenses not eligible.--Direct loans 
        and loan guarantees under this section shall not be 
        used for railroad operating expenses.
          [(3) Sunset.--The Secretary may provide a direct loan 
        or loan guarantee under this section for a project 
        described in paragraph (1)(E) until September 30, 
        2021.]
  (c) Priority Projects.--In granting applications for direct 
loans or guaranteed loans under this section, the Secretary 
shall give priority to projects that--
          (1) enhance public safety, including projects for the 
        installation of a positive train control system (as 
        defined in section 20157(i) of title 49, United States 
        Code);
          (2) promote economic development;
          (3) enhance the environment;
          (4) enable United States companies to be more 
        competitive in international markets;
          (5) are endorsed by the plans prepared under section 
        135 of title 23 or chapter 227 of title 49, United 
        States Code, by the State or States in which they are 
        located;
          (6) improve railroad stations and passenger 
        facilities and increase transit-oriented development;
          (7) preserve or enhance rail or intermodal service to 
        small communities or rural areas;
          (8) enhance service and capacity in the national rail 
        system; or
          (9) would materially alleviate rail capacity problems 
        which degrade the provision of service to shippers and 
        would fulfill a need in the national transportation 
        system.
  (d) Extent of Authority.--The aggregate unpaid principal 
amounts of obligations under direct loans and loan guarantees 
made under this section shall not exceed $35,000,000,000 at any 
one time. Of this amount, not less than $7,000,000,000 shall be 
available solely for projects primarily benefiting freight 
railroads other than Class I carriers. The Secretary shall not 
establish any limit on the proportion of the unused amount 
authorized under this subsection that may be used for 1 loan or 
loan guarantee.
  (e) Rates of Interest.--
          [(1) Direct loans.--The Secretary shall require 
        interest to be paid on a direct loan made under this 
        section at a rate not less than that necessary to 
        recover the cost of making the loan.]
          (1) Direct loans.--The interest rate on a direct loan 
        under this section shall be not less than the yield on 
        United States Treasury securities of a similar maturity 
        to the maturity of the direct loan on the date of 
        execution of the loan agreement.
          (2) Loan guarantees.--The Secretary shall not make a 
        loan guarantee under this section if the interest rate 
        for the loan exceeds that which the Secretary 
        determines to be reasonable, taking into consideration 
        the prevailing interest rates and customary fees 
        incurred under similar obligations in the private 
        capital market.
  (f) Infrastructure Partners.--
          (1) Authority of secretary.--In lieu of or in 
        combination with appropriations of budget authority to 
        cover the costs of direct loans and loan guarantees as 
        required under section 504(b)(1) of the Federal Credit 
        Reform Act of 1990 (2 U.S.C. 661c(b)(1)), including the 
        cost of a modification thereof, the Secretary may 
        accept on behalf of an applicant for assistance under 
        this section a commitment from a non-Federal source, 
        including a State or local government or agency or 
        public benefit corporation or public authority thereof, 
        to fund in whole or in part credit risk premiums and 
        modification costs with respect to the loan that is the 
        subject of the application or modification. In no event 
        shall the aggregate of appropriations of budget 
        authority and credit risk premiums described in this 
        paragraph with respect to a direct loan or loan 
        guarantee be less than the cost of that direct loan or 
        loan guarantee. The Secretary shall only apply 
        appropriations of budget authority to cover the costs 
        of direct loans and loan guarantees as required under 
        section 504(b)(1) of the Federal Credit Reform Act of 
        1990 (2 U.S.C. 661c(b)(1)), including the cost of a 
        modification thereof, in whole or in part, for entities 
        described in paragraphs (1) through (3) of subsection 
        (a).
          (2) Credit risk premium amount.--The Secretary shall 
        determine the amount required for credit risk premiums 
        under this subsection on the basis of--
                  (A) the circumstances of the applicant, 
                including the amount of collateral offered, if 
                any;
                  (B) the proposed schedule of loan 
                disbursements;
                  (C) historical data on the repayment history 
                of similar borrowers;
                  (D) consultation with the Congressional 
                Budget Office; and
                  (E) any other factors the Secretary considers 
                relevant.
          (3) Creditworthiness.--An applicant may propose and 
        the Secretary shall accept as a basis for determining 
        the amount of the credit risk premium under paragraph 
        (2) any of the following in addition to the value of 
        any tangible asset:
                  (A) The net present value of a future stream 
                of State or local subsidy income or other 
                dedicated revenues to secure the direct loan or 
                loan guarantee.
                  (B) Adequate coverage requirements to ensure 
                repayment, on a non-recourse basis, from cash 
                flows generated by the project or any other 
                dedicated revenue source, including--
                          (i) tolls;
                          (ii) user fees; or
                          (iii) payments owing to the obligor 
                        under a public-private partnership.
                  [(C) An investment-grade rating on the direct 
                loan or loan guarantee, as applicable, except 
                that if the total amount of the direct loan or 
                loan guarantee is greater than $75,000,000, the 
                applicant shall have an investment-grade rating 
                from at least 2 rating agencies on the direct 
                loan or loan guarantee.]
                  (C) An investment-grade rating on the direct 
                loan or loan guarantee, as applicable, if the 
                total amount of the direct loan or loan 
                guarantee is less than $100,000,000.
                  (D) In the case of a total amount of a direct 
                loan or loan guarantee greater than 
                $100,000,000, an investment-grade rating from 
                at least 2 rating agencies on the direct loan 
                or loan guarantee, or an investment-grade 
                rating on the direct loan or loan guarantee and 
                a projection of freight or passenger demand for 
                the project based on regionally developed 
                economic forecasts, including projections of 
                any modal diversion resulting from the project.
          (4) Payment of premiums.--Credit risk premiums under 
        this subsection shall be paid to the Secretary before 
        the disbursement of loan amounts (and in the case of a 
        modification, before the modification is executed), to 
        the extent appropriations are not available to the 
        Secretary to meet the costs of direct loans and loan 
        guarantees, including costs of modifications thereof.
          (5) Repayment of credit risk premiums.--The Secretary 
        shall return credit risk premiums paid, and interest 
        accrued thereon, to the original source when all 
        obligations of a loan or loan guarantee have been 
        satisfied. This paragraph applies to any project that 
        has been granted assistance under this section after 
        the date of enactment of the TRAIN Act.
  (g) Prerequisites for Assistance.--The Secretary shall not 
make a direct loan or loan guarantee under this section unless 
the Secretary has made a finding in writing that--
          (1) repayment of the obligation is required to be 
        made within a term of not more than the lesser of--
                  (A) 35 years after the date of substantial 
                completion of the project; or
                  (B) the estimated useful life of the rail 
                equipment or facilities to be acquired, 
                rehabilitated, improved, developed, or 
                established;
          (2) the direct loan or loan guarantee is justified by 
        the present and probable future demand for rail 
        services or intermodal facilities;
          (3) the applicant has given reasonable assurances 
        that the facilities or equipment to be acquired, 
        rehabilitated, improved, developed, or established with 
        the proceeds of the obligation will be economically and 
        efficiently utilized;
          (4) the obligation can reasonably be repaid, using an 
        appropriate combination of credit risk premiums and 
        collateral offered by the applicant to protect the 
        Federal Government; and
          (5) the purposes of the direct loan or loan guarantee 
        are consistent with subsection (b).
  (h) Conditions of Assistance.--(1) The Secretary shall, 
before granting assistance under this section, require the 
applicant to agree to such terms and conditions as are 
sufficient, in the judgment of the Secretary, to ensure that, 
as long as any principal or interest is due and payable on such 
obligation, the applicant, and any railroad or railroad partner 
for whose benefit the assistance is intended--
          (A) will not use any funds or assets from railroad or 
        intermodal operations for purposes not related to such 
        operations, if such use would impair the ability of the 
        applicant, railroad, or railroad partner to provide 
        rail or intermodal services in an efficient and 
        economic manner, or would adversely affect the ability 
        of the applicant, railroad, or railroad partner to 
        perform any obligation entered into by the applicant 
        under this section;
          (B) will, consistent with its capital resources, 
        maintain its capital program, equipment, facilities, 
        and operations on a continuing basis; and
          (C) will not make any discretionary dividend payments 
        that unreasonably conflict with the purposes stated in 
        subsection (b).
  (2) The Secretary shall not require an applicant for a direct 
loan or loan guarantee under this section to provide 
collateral. Any collateral provided or thereafter enhanced 
shall be valued as a going concern after giving effect to the 
present value of improvements contemplated by the completion 
and operation of the project, if applicable. The Secretary 
shall not require that an applicant for a direct loan or loan 
guarantee under this section have previously sought the 
financial assistance requested from another source.
  (3) The Secretary shall require recipients of direct loans or 
loan guarantees under this section to comply with--
          (A) the standards of section 24312 of title 49, 
        United States Code, as in effect on September 1, 2002, 
        with respect to the project in the same manner that the 
        National Railroad Passenger Corporation is required to 
        comply with such standards for construction work 
        financed under an agreement made under section 24308(a) 
        of that title; and
          (B) the protective arrangements established under 
        section 504 of this Act, with respect to employees 
        affected by actions taken in connection with the 
        project to be financed by the loan or loan guarantee.
  (4) The Secretary shall require each recipient of a direct 
loan or loan guarantee under this section for a project 
described in subsection (b)(1)(E) to provide a non-Federal 
match of not less than 25 percent of the total amount expended 
by the recipient for such project.
  (i) Application Processing Procedures.--
          (1) Application status notices.--Not later than 30 
        days after the date that the Secretary receives an 
        application under this section, or additional 
        information and material under paragraph (2)(B), the 
        Secretary shall provide the applicant written notice as 
        to whether the application is complete or incomplete.
          (2) Incomplete applications.--If the Secretary 
        determines that an application is incomplete, the 
        Secretary shall--
                  (A) provide the applicant with a description 
                of all of the specific information or material 
                that is needed to complete the application, 
                including any information required by an 
                independent financial analyst; and
                  (B) allow the applicant to resubmit the 
                application with the information and material 
                described under subparagraph (A) to complete 
                the application.
          (3) Application approvals and disapprovals.--
                  (A) In general.--Not later than 60 days after 
                the date the Secretary notifies an applicant 
                that an application is complete under paragraph 
                (1), the Secretary shall provide the applicant 
                written notice as to whether the Secretary has 
                approved or disapproved the application.
                  (B) Actions by the office of management and 
                budget.--In order to enable compliance with the 
                time limit under subparagraph (A), the Office 
                of Management and Budget shall take any action 
                required with respect to the application within 
                that 60-day period.
          (4) Expedited processing.--The Secretary shall 
        implement procedures and measures to economize the time 
        and cost involved in obtaining an approval or a 
        disapproval of an application for a direct loan or loan 
        guarantee under this title.
          (5) Dashboard.--The Secretary shall post on the 
        Department of Transportation's Internet Web site a 
        monthly report that includes, for each application--
                  (A) the applicant type;
                  (B) the location of the project;
                  (C) a brief description of the project, 
                including its purpose;
                  (D) the requested direct loan or loan 
                guarantee amount;
                  (E) the date on which the Secretary provided 
                application status notice under paragraph (1); 
                and
                  (F) the date that the Secretary provided 
                notice of approval or disapproval under 
                paragraph (3).
  (j) Repayment Schedules.--
          (1) In general.--The Secretary shall establish a 
        repayment schedule requiring payments to commence not 
        later than 5 years after the date of substantial 
        completion.
          (2) Accrual.--Interest shall accrue as of the date of 
        disbursement, and shall be amortized over the remaining 
        term of the loan beginning at the time the payments 
        begin.
          (3) Deferred payments.--
                  (A) In general.--If at any time after the 
                date of substantial completion the obligor is 
                unable to pay the scheduled loan repayments of 
                principal and interest on a direct loan 
                provided under this section, the Secretary, 
                subject to subparagraph (B), may allow, for a 
                maximum aggregate time of 1 year over the 
                duration of the direct loan, the obligor to add 
                unpaid principal and interest to the 
                outstanding balance of the direct loan.
                  (B) Interest.--A payment deferred under 
                subparagraph (A) shall--
                          (i) continue to accrue interest under 
                        paragraph (2) until the loan is fully 
                        repaid; and
                          (ii) be scheduled to be amortized 
                        over the remaining term of the loan.
          (4) Prepayments.--
                  (A) Use of excess revenues.--With respect to 
                a direct loan provided by the Secretary under 
                this section, any excess revenues that remain 
                after satisfying scheduled debt service 
                requirements on the project obligations and 
                direct loan and all deposit requirements under 
                the terms of any trust agreement, bond 
                resolution, or similar agreement securing 
                project obligations may be applied annually to 
                prepay the direct loan without penalty.
                  (B) Use of proceeds of refinancing.--The 
                direct loan may be prepaid at any time without 
                penalty from the proceeds of refinancing from 
                non-Federal funding sources.
  (k) Sale of Direct Loans.--
          (1) In general.--Subject to paragraph (2) and as soon 
        as practicable after substantial completion of a 
        project, the Secretary, after notifying the obligor, 
        may sell to another entity or reoffer into the capital 
        markets a direct loan for the project if the Secretary 
        determines that the sale or reoffering has a high 
        probability of being made on favorable terms.
          (2) Consent of obligor.--In making a sale or 
        reoffering under paragraph (1), the Secretary may not 
        change the original terms and conditions of the secured 
        loan without the prior written consent of the obligor.
  (l) Nonsubordination.--
          (1) In general.--Except as provided in paragraph (2), 
        a direct loan provided by the Secretary under this 
        section shall not be subordinated to the claims of any 
        holder of project obligations in the event of 
        bankruptcy, insolvency, or liquidation of the obligor.
          (2) Preexisting indentures.--
                  (A) In general.--The Secretary may waive the 
                requirement under paragraph (1) for a public 
                agency borrower that is financing ongoing 
                capital programs and has outstanding senior 
                bonds under a preexisting indenture if--
                          (i) the direct loan is rated in the A 
                        category or higher;
                          (ii) the direct loan is secured and 
                        payable from pledged revenues not 
                        affected by project performance, such 
                        as a tax-based revenue pledge or a 
                        system-backed pledge of project 
                        revenues; and
                          (iii) the program share, under this 
                        title, of eligible project costs is 50 
                        percent or less.
                  (B) Limitation.--The Secretary may impose 
                limitations for the waiver of the 
                nonsubordination requirement under this 
                paragraph if the Secretary determines that such 
                limitations would be in the financial interest 
                of the Federal Government.
  (m) Master Credit Agreements.--
          (1) In general.--Subject to subsection (d) and 
        paragraph (2) of this subsection, the Secretary may 
        enter into a master credit agreement that is contingent 
        on all of the conditions for the provision of a direct 
        loan or loan guarantee, as applicable, under this title 
        and other applicable requirements being satisfied prior 
        to the issuance of the direct loan or loan guarantee.
          (2) Conditions.--Each master credit agreement shall--
                  (A) establish the maximum amount and general 
                terms and conditions of each applicable direct 
                loan or loan guarantee;
                  (B) identify 1 or more dedicated non-Federal 
                revenue sources that will secure the repayment 
                of each applicable direct loan or loan 
                guarantee;
                  (C) provide for the obligation of funds for 
                the direct loans or loan guarantees contingent 
                on and after all requirements have been met for 
                the projects subject to the master credit 
                agreement; and
                  (D) provide 1 or more dates, as determined by 
                the Secretary, before which the master credit 
                agreement results in each of the direct loans 
                or loan guarantees or in the release of the 
                master credit agreement.
  (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 and title 49 if such loan is repayable 
from non-Federal funds.
  (o) Buy America.--
          (1) In general.--In awarding direct loans or loan 
        guarantees under this section, the Secretary shall 
        require each recipient to comply with section 22905(a) 
        of title 49, United States Code.
          (2) Specific compliance.--Notwithstanding paragraph 
        (1), the Secretary shall require--
                  (A) Amtrak to comply with section 24305(f) of 
                title 49, United States Code; and
                  (B) a commuter authority (as defined in 
                section 24102 of title 49, United States Code) 
                to comply with section 5320 of title 49, United 
                States Code.

           *       *       *       *       *       *       *

                              ----------                              


              AMTRAK REFORM AND ACCOUNTABILITY ACT OF 1997



           *       *       *       *       *       *       *
TITLE I--REFORMS

           *       *       *       *       *       *       *


                        Subtitle B--Procurement

SEC. 121. CONTRACTING OUT.

  (a) Repeal of Ban on Contracting Out.--Section 24312 is 
amended--
          (1) by striking subsection (b);
          (2) by striking ``(1)'' in subsection (a); and
          (3) by striking ``(2) Wage'' in subsection (a) and 
        inserting ``(b)Wage Rates.--Wage''.
  (b) Amendment of Existing Collective Bargaining Agreement.--
          (1) Contracting out.--Any collective bargaining 
        agreement entered into between Amtrak and an 
        organization representing Amtrak employees before the 
        date of enactment of this Act is deemed amended to 
        include the language of section 24312(b) of title 49, 
        United States Code, as that section existed on the day 
        before the effective date of the amendments made by 
        subsection (a).
          (2) Enforceability of amendment.--The amendment to 
        any such collective bargaining agreement deemed to be 
        made by paragraph (1) of this subsection is binding on 
        all parties to the agreement and has the same effect as 
        if arrived at by agreement of the parties under the 
        Railway Labor Act.
  (c) Contracting-out Issues To Be Included in Negotiations.--
Proposals on the subject matter of contracting out work[, other 
than work related to food and beverage service,] which results 
in the layoff of an Amtrak employee--
          (1) shall be included in negotiations under section 6 
        of the Railway Labor Act (45 U.S.C. 156) between Amtrak 
        and an organization representing Amtrak employees, 
        which shall be commenced by--
                  (A) the date on which labor agreements under 
                negotiation on the date of enactment of this 
                Act may be re-opened; or
                  (B) November 1, 1999,
        whichever is earlier;
          (2) may, at the mutual election of Amtrak and an 
        organization representing Amtrak employees, be included 
        in any negotiation in progress under section 6 of the 
        Railway Labor Act (45 U.S.C. 156) on the date of 
        enactment of this Act; and
          (3) may not be included in any negotiation in 
        progress under section 6 of the Railway Labor Act (45 
        U.S.C. 156) on the date of enactment of this Act, 
        unless both Amtrak and the organization representing 
        Amtrak employees agree to include it in the 
        negotiation.
No contract between Amtrak and an organization representing 
Amtrak employees, that is under negotiation on the date of 
enactment of this Act, may contain a moratorium that extends 
more than 5 years from the date of expiration of the last 
moratorium.
  [(d) No Inference.--The amendment made by subsection (a)(1) 
is without prejudice to the power of Amtrak to contract out the 
provision of food and beverage services on board Amtrak trains 
or to contract out work not resulting in the layoff of Amtrak 
employees.]
  (d) Furloughed Work.--Amtrak may not contract out work within 
the scope of work performed by an employee in a bargaining unit 
covered by a collective bargaining agreement entered into 
between Amtrak and an organization representing Amtrak 
employees during the period of time such employee has been laid 
off involuntarily if such employee--
          (1) is eligible and qualified under the agreement to 
        perform such work in accordance with the seniority of 
        such employee; and
          (2) has not been provided an opportunity to be 
        recalled to perform such work.
  (e) Agreement Prohibitions on Contracting Out.--This section 
does not--
          (1) supersede a prohibition or limitation on 
        contracting out work covered by an agreement entered 
        into between Amtrak and an organization representing 
        Amtrak employees; or
          (2) prohibit Amtrak and an organization representing 
        Amtrak employees from entering into an agreement that 
        allows for contracting out the work of a furloughed 
        employee that would otherwise be prohibited under 
        subsection (d).

           *       *       *       *       *       *       *


TITLE IV--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 410. INTERSTATE RAIL COMPACTS.

  (a) Consent to Compacts.--Congress grants consent to States 
with an interest in a specific form, route, or corridor of 
intercity passenger rail service (including high speed rail 
service) to enter into interstate compacts to promote the 
provision of the service, including--
          (1) retaining an existing service or commencing a new 
        service;
          (2) assembling rights-of-way; and
          (3) performing capital improvements, including--
                  (A) the construction and rehabilitation of 
                maintenance facilities;
                  (B) the purchase of locomotives; and
                  (C) operational improvements, including 
                communications, signals, and other systems.
  (b) Financing.--An interstate compact established by States 
under subsection (a) may provide that, in order to carry out 
the compact, the States may--
          (1) accept contributions from a unit of State or 
        local government or a person;
          (2) use any Federal or State funds made available for 
        intercity passenger rail service [(except funds made 
        available for Amtrak)];
          (3) on such terms and conditions as the States 
        consider advisable--
                  (A) borrow money on a short-term basis and 
                issue notes for the borrowing; and
                  (B) issue bonds; and
          (4) obtain financing by other means permitted under 
        Federal or State law.
  (c) Interstate Rail Compacts Program.--The Secretary of 
Transportation shall--
          (1) make available on a publicly accessible website a 
        list of interstate rail compacts established in 
        accordance with subsection (a);
          (2) provide information to the public regarding 
        interstate rail compacts, including how States may 
        establish interstate rail compacts under subsection 
        (a); and
          (3) annually update the information provided under 
        paragraph (2).

           *       *       *       *       *       *       *

                              ----------                              


                  RAIL SAFETY IMPROVEMENT ACT OF 2008



           *       *       *       *       *       *       *
DIVISION A--RAIL SAFETY

           *       *       *       *       *       *       *


    TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND 
TRESPASSER PREVENTION

           *       *       *       *       *       *       *


SEC. 209. ACCIDENT AND INCIDENT REPORTING.

  The Federal Railroad Administration shall conduct an audit of 
each Class I railroad at least once every 2 years and conduct 
an audit of each non-Class I railroad at least once every 5 
years to ensure that all grade crossing collisions and 
fatalities, and other events required to be reported under part 
225 of title 49, Code of Federal Regulations, are reported to 
any Federal national accident database.

           *       *       *       *       *       *       *


                        Committee Correspondence

                                                     June 21, 2021.
The Honorable Peter A. DeFazio,
Chairman,
Committee on Transportation and Infrastructure, 2165 Rayburn House 
        Office Building, Washington, DC 20515.
    Dear Chairman DeFazio,
    I am writing you concerning H.R. 3684, the ``INVEST in 
America Act,'' which was ordered to be reported out of the 
Committee on Transportation and Infrastructure on June 10, 
2021. Prior to this, I submitted a jurisdictional claim letter 
for a sequential referral on this bill on June 7, 2021 and the 
Office of the Parliamentarian found this claim to be valid.
    As a result of cooperative consultations with the Committee 
on Science, Space, and Technology (``Science Committee'') and 
in the interest of an expedient consideration of H.R. 3684 
before the House of Representatives, I will waive formal 
consideration of this bill. I take this action with a mutual 
understanding between our two Committees that by foregoing 
consideration of H.R. 3684, the Science Committee does not 
waive any jurisdiction over the subject matter contained in 
this, or in similar, legislation.
    Furthermore, I humbly request a letter confirming this 
understanding and that this exchange of letters be included in 
the bill report to be filed by the Committee on Transportation 
and Infrastructure as well as included in the Congressional 
Record during floor consideration of the bill. Finally, I ask 
that you support the appointment of Science Committee conferees 
during any House-Senate conference convened on this 
legislation.
        Sincerely,
                                   Eddie Bernice Johnson,
                                           Chairwoman,
                                           Committee on Science, Space, 
                                               and Technology.

cc:  The Honorable Nancy Pelosi, Speaker of the House
    Ranking Member Frank D. Lucas, Committee on Science, Space, 
and Technology
    Ranking Member Sam Graves, Committee on Transportation and 
Infrastructure
    Jason Smith, Parliamentarian

                                                     June 21, 2021.
The Honorable Eddie Bernice Johnson,
Chairwoman,
Committee on Science, Space, and Technology, U.S. House of 
        Representatives, 2321 Rayburn House Office Building, 
        Washington, DC 20515.
    Dear Chairwoman Johnson:
    Thank you for your letter regarding H.R. 3684, the INVEST 
in America Act. I appreciate your decision to waive formal 
consideration of the bill.
    I agree that the Committee on Science, Space, and 
Technology (``Science Committee'') has valid jurisdictional 
claims to certain provisions in this important legislation, and 
I further agree that by forgoing formal consideration of the 
bill, the Science Committee is not waiving any jurisdiction 
over any relevant subject matter. Additionally, I will support 
the appointment of conferees from the Science Committee should 
a House-Senate conference be convened on this legislation. 
Finally, this exchange of letters will be included in the 
committee report filed by the Committee on Transportation and 
Infrastructure and included in the Congressional Record when 
the bill is considered on the floor.
    Thank you again, and I look forward to continuing to work 
collaboratively with the Science Committee to ensure H.R. 3684 
passes the House and is enacted into law.
        Sincerely,
                                   Peter A. DeFazio,
                                           Chair.
                                           Committee on Transportation 
                                               and Infrastructure.

cc:  The Honorable Nancy Pelosi, Speaker of the House
    Ranking Member Sam Graves, Committee on Transportation and 
Infrastructure
    Ranking Member Frank Lucas, Committee on Science, Space, 
and Technology
    Mr. Jason Smith, Parliamentarian

                             Minority Views

    Committee Republicans oppose H.R. 3684, the Investing in a 
New Vision for the Environment and Surface Transportation 
(INVEST) in America Act, as amended by the Committee and 
ordered reported on June 10, 2021. The Majority's bill, H.R. 
3684, as amended, prioritizes climate change, emissions 
reductions, and green infrastructure mandates throughout the 
surface transportation sector. The price tag for this bill is 
$547.9 billion, a 79 percent increase over FAST Act levels and 
an 11 percent increase over the Majority's failed surface 
transportation bill from the 116th Congress. And still, there 
is no consideration for how Americans will be forced to pay for 
the Majority's irresponsible spending.
    Democrats again excluded Republicans from the process, 
preventing any possibility for truly bipartisan legislation. 
The 32 Republicans on the Committee stood ready to work in 
partnership to bolster the transportation sector in these 
unprecedented times; unfortunately, this was not the path the 
Majority chose. As our Nation continues to recover from the 
COVID-19 pandemic, H.R. 3684, as amended, proposes a seismic 
shift in core transportation programs and functions despite the 
unknown impacts of the pandemic on living, working, and 
commuting patterns. The Majority's bill does this by 
prioritizing climate change and top-down policies that fail our 
core surface transportation programs. At a time of great 
uncertainty, we should focus on programs that are effective in 
addressing our various communities' transportation needs,--not 
entertaining partisan policies that do not consider 
transportation realities.
    Chief among these partisan provisions is the pervasive 
interweaving of climate change policy throughout surface 
transportation programs. Under the Democrats' bill, $1 out of 
every $2 in this bill is tied up in meeting Green New Deal 
goals, either in new programs or new green requirements for 
existing 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. The more than $200 billion for climate change 
policy 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 program (Section 
1306) which only truly benefits urban areas. This foundational 
pillar of the Democrats' bill removes the focus from our core 
highway and bridge programs, limits state flexibility through 
top-down directives, and favors urban areas over rural America.
    Another example of the bill's ``application of the 
principles of the green new deal'' is forcing states to 
implement a ``worst-to-first'' approach, which results in 
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 analyses on state of good repair and operational 
improvements to existing facilities before adding new highway 
capacity. Not only does this mandate limit state flexibility to 
manage their transportation assets based on their needs, it 
starves rural and suburban areas of much-needed new capacity. 
The Subcommittee on Railroads, Pipelines, and Hazardous 
Materials Ranking Member Rick Crawford offered an amendment to 
strike provisions in Section 1201 that prioritized state of 
good repair needs over constructing new highway capacity, in 
order to reinstate states' flexibility. Committee Republicans 
believe the decision on whether new capacity is needed should 
be left up to state and local project sponsors who best know 
their communities' needs. However, the Majority rejected this 
amendment in favor of central planning that yet again shows the 
Majority's position that it knows best the needs of all 
American citizens despite the diversity across the Nation.
    Sadly, to achieve the Majority's Green New Deal agenda, the 
Nation will be forced to rely on China, who own the mines that 
contain the necessary critical minerals and manufacture key 
components of vehicles the Majority's bill favors. This policy 
choice fails to recognize, or possibly willfully ignores, the 
fact that China is the worst polluter in the world. However, 
the Majority refuses to let that key fact get in the way of 
their narrative on how far their bill goes to address climate 
change.
    Continuing its prioritization of urban areas and leaving 
rural America behind, the bill provides a 79 percent increase 
to transit funding and an 850 percent increase to commuter and 
passenger rail programs. Furthermore, the prioritization of 
climate and greenhouse gas reduction is also a theme in the 
Democrats' transit and rail policies. 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 promoting 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 for transit and rail 
programs dwarf the increases for highway programs (48 percent).
    Further, the increase in transit program authorizations 
relative to the highway program authorizations would result in 
transit spending far in excess of deposits into the mass 
transit account. Given this, the bill would violate the 
historic 80-20 percent revenue split agreement for balancing 
highway and transit spending from the highway trust fund (HTF). 
The Majority ignores this historical agreement while expanding 
their definition of ``infrastructure'' by removing a 
prohibition on using transit funds for art and landscaping at 
transit stations and along transit routes. This is not sound 
policy and a poor use of taxpayer funding for a mode of 
transportation that is already subsidized by highway users and 
taxpayers. Committee Republicans cannot stand behind the 
blatant disregard and inequity this creates for communities and 
taxpayers across America.
    Glaring omissions from the Democrats' bill include common-
sense policies that were priorities of the Republican 
Alternative proposal, the Surface Transportation Advanced 
through Reform, Technology & Efficient Review (STARTER) Act 2.0 
(H.R. 3341). The STARTER Act 2.0 ensures state flexibility by 
preserving state decision-making and rejecting new federal 
mandates that dictate local funding priorities regardless of 
actual needs. For example, 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. The STARTER Act 2.0 also 
provides a 32 percent increase above FAST Act funding levels--a 
reasonable but historic increase--with the increases going to 
core highway, bridge, safety, and rural transit programs only.
    Another substantial shortcoming with H.R. 3684, as amended, 
is the Democrats' failure to streamline infrastructure 
permitting and make the project delivery process more 
efficient, despite strong support on this issue from a broad 
array of infrastructure stakeholders and Democratic members. In 
contrast, the STARTER Act 2.0 codifies the prior 
Administration's Executive Order 13807, One Federal Decision 
(OFD), which the Biden Administration revoked. The OFD 
provision builds upon the significant progress the prior 
Administration made in streamlining permitting and project 
delivery. With limited federal funding available, common-sense 
regulatory changes that also help preserve the environment 
allow us to stretch our funding by delivering projects sooner. 
Time is money.
    A similar OFD provision was unanimously supported in the 
bipartisan Senate Committee on Environment and Public Works 
(EPW) highway bill on May 26, 2021. During the Committee's 
markup, OFD was offered as an amendment by Subcommittee on 
Highways and Transit Ranking Member Rodney Davis. However, the 
Majority defeated the amendment despite many of its members 
expressing support for this idea. This is just one example that 
demonstrates that Committee Republicans could have found common 
ground to move bipartisan legislation forward if the Majority 
had made an effort to consider the benefit streamlining 
provides to project implementation, including for green 
infrastructure projects, rather than throwing out common-sense 
reforms from the start.
    Another example, where bipartisanship should have prevailed 
surrounds mitigation and resiliency. We can all agree that 
disasters do not target only one part of the country and that 
unfortunately, every district at some point will experience a 
disaster. Committee Republicans' alternative, the STARTER Act 
2.0, includes provisions that focus on cost-effective 
deployment of resilient infrastructure and mitigation 
strategies, but eschews top-down mandates prevalent in H.R. 
3684, as amended. If the Majority truly sought to better 
protect our infrastructure from the effects of disasters this 
was a missed opportunity to come together for the benefit of 
all our constituents.
    The failure to craft a bipartisan, broadly supported bill 
is particularly disheartening as authorization for surface 
transportation programs will lapse on September 30, 2021. 
Unfortunately, the process and outcome with H.R. 3684 are no 
different than last year's exercise with H.R. 2, the Moving 
Forward Act. Today's product is just another progressive, 
Speaker-led bill, passed on a very partisan basis, that is 
nothing more than a messaging exercise that will do nothing to 
improve our Nation's infrastructure. H.R. 3684, as amended, 
will not help our states and communities execute the projects 
they are desperate to implement. This legislation will not spur 
infrastructure projects and job growth, will not help Americans 
get back to work, and will not promote the safe and efficient 
transportation of goods and people.
    As H.R. 3684, as amended, goes to the floor, the Majority 
will likely continue to add wish list items to this bill ahead 
of inevitable passage by the House of Representatives. 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.

                                   Garrett Graves,
                                           Ranking Memmber,
                                           Subcommittee on Aviation.

                                   Bob Gibbs,
                                           Ranking Member,
                                           Subcommittee on Coast Guard 
                                               and Maritime 
                                               Transportation.

                                   Daniel Webster,
                                           Ranking Member,
                                           Subcommittee on Economic 
                                               Development, Public 
                                               Buildings, and Emergency 
                                               Management.

                                   Eric A. ``Rick'' Crawford,
                                           Ranking Member,
                                           Subcommittee on Railroads, 
                                               Pipelines, and Hazardous 
                                               Materials.