[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7095 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7095
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2020
Mr. DeFazio (for himself, Ms. Norton, and Mr. Lipinski) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Investing in a New
Vision for the Environment and Surface Transportation in America Act''
or the ``INVEST in America Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2021
Sec. 101. Extension of Federal surface transportation programs.
Sec. 102. Federal Highway Administration.
Sec. 103. Federal Transit Administration.
Sec. 104. National Highway Traffic Safety Administration.
Sec. 105. Federal Motor Carrier Safety Administration.
Sec. 106. Definitions.
DIVISION B--SURFACE TRANSPORTATION
Sec. 1001. Applicability of division.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Subtitle B--Programmatic Infrastructure Investment
Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
Subtitle C--Project-Level Investments
Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Grants for charging and fueling infrastructure to modernize
and reconnect America for the 21st century.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural grant program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active transportation connectivity grant program.
Subtitle D--Planning, Performance Management, and Asset Management
Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
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.
Subtitle F--Additional Provisions
Sec. 1601. Toward zero deaths.
Sec. 1602. Speed limits.
Sec. 1603. Broadband infrastructure deployment.
Sec. 1604. Appalachian development highway system funding flexibility.
Sec. 1605. Stormwater best management practices.
Sec. 1606. Pedestrian right-of-way.
Sec. 1607. Highway formula modernization report.
Sec. 1608. Consolidation of programs.
Sec. 1609. Student outreach report to Congress.
Sec. 1610. Task force on developing a 21st century surface
transportation workforce.
Sec. 1611. On-the-job training and supportive services.
Sec. 1612. Work zone safety.
Sec. 1613. Transportation education development program.
Sec. 1614. Working group on construction resources.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal year 2022 formulas.
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.
Subtitle D--Bus Grant Reforms
Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
Subtitle E--Supporting All Riders
Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
Subtitle F--Supporting Frontline Workers and Passenger Safety
Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Automated vehicle transit workforce standards.
Sec. 2604. Performance-based metrics.
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.
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.
TITLE III--HIGHWAY TRAFFIC SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Traffic safety enforcement grants.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. High-visibility enforcement program.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
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.
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.
Subtitle C--Commercial Motor Vehicle Driver Safety
Sec. 4301. Commercial drivers 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.
Subtitle D--Commercial Motor Vehicle and School Bus Safety
Sec. 4401. School bus safety standards.
Sec. 4402. Illegal passing of school buses.
Sec. 4403. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
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.
Subtitle B--Technology Deployment
Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement
technologies.
Sec. 5203. Federal Highway Administration Every Day Counts Initiative.
Subtitle C--Emerging Technologies
Sec. 5301. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation
clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and
road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology
Council.
Sec. 5306. Hyperloop transportation.
Subtitle D--Surface Transportation Funding Pilot Programs
Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.
Subtitle E--Miscellaneous
Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Reports.
TITLE VI--MULTIMODAL TRANSPORTATION
Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance
Bureau.
Sec. 6008. Local hire.
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. Study on hazardous materials transported by commercial motor
vehicles on highway-rail grade crossings.
DIVISION D--RAIL
Sec. 9001. Short title.
TITLE I--AUTHORIZATIONS
Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion
grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement
grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Buy America.
Sec. 9106. Rail network climate change vulnerability assessment.
TITLE II--AMTRAK REFORMS
Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Recreational trail access.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. High-speed rail funds.
TITLE IV--COMMUTER RAIL POLICY
Sec. 9401. Surface Transportation Board mediation of trackage use
requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use
requests.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
Sec. 9501. National Academies study on safety impact of trains longer
than 7,500 feet.
Sec. 9502. GAO study on changes in freight railroad operating and
scheduling practices.
Sec. 9503. FRA safety reporting.
Sec. 9504. Waiver notice requirements.
Sec. 9505. Notice of FRA comprehensive safety assessments.
Sec. 9506. FRA accident and incident investigations.
Sec. 9507. Rail safety improvements.
Sec. 9508. Annual review of speed limit action plans.
Sec. 9509. Freight train crew size safety standards.
Sec. 9510. Safe cross border operations.
Sec. 9511. Yardmasters hours of service.
Sec. 9512. Leaking brakes.
Sec. 9513. Annual report on PTC system failures.
Sec. 9514. Fatigue reduction pilot projects.
Sec. 9515. Assault prevention and response plans.
Sec. 9516. Critical incident stress plans.
Sec. 9517. Study on safety culture assessments.
Subtitle B--Grade Crossing Safety
Sec. 9551. Grade crossing separation grant.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public
grade crossings.
Sec. 9554. National strategy to address blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2021
SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.
(a) Extension of Federal Surface Transportation Programs.--
(1) In general.--Except as otherwise provided in this
division, the requirements, authorities, conditions,
eligibilities, limitations, and other provisions authorized
under the covered laws, which would otherwise expire on or
cease to apply after September 30, 2020, are incorporated by
reference and shall continue in effect through September 30,
2021.
(2) Authorization of appropriations.--
(A) Highway trust fund.--
(i) Highway account.--
(I) In general.--Except as provided
in subclause (II), there is authorized
to be appropriated from the Highway
Account for fiscal year 2021, for each
program under the covered laws with
respect to which amounts are authorized
to be appropriated from such account
for fiscal year 2020, an amount equal
to the amount authorized for
appropriation with respect to the
program from such account for fiscal
year 2020.
(II) Administrative expenses.--
Notwithstanding any other provision of
this division, there is authorized to
be appropriated from the Highway
Account for fiscal year 2021--
(aa) $502,897,049 for
administrative expenses of the
Federal Highway Administration,
as described in section 104(a)
of title 23, United States
Code; and
(bb) $30,086,000 for grant
administrative expenses of the
National Highway Traffic Safety
Administration, as described in
section 4001(a)(6) of the FAST
Act (Public Law 114-94).
(ii) Mass transit account.--There is
authorized to be appropriated from the Mass
Transit Account for fiscal year 2021, for each
program under the covered laws with respect to
which amounts are authorized to be appropriated
from such account for fiscal year 2020, an
amount equal to the amount authorized for
appropriation with respect to the program from
such account for fiscal year 2020.
(B) General fund.--
(i) In general.--Except as provided in
clause (ii), there is authorized to be
appropriated for fiscal year 2021, for each
program with respect to which amounts are
authorized to be appropriated for fiscal year
2020 from an account other than the Highway
Account or the Mass Transit Account under the
titles described in subsection (b)(1), an
amount not less than the amount authorized for
appropriation with respect to the program under
such titles for fiscal year 2020.
(ii) Administrative expenses.--
Notwithstanding any other provision of this
division, there is authorized to be
appropriated from the general fund of the
Treasury for fiscal year 2021 $140,016,543 for
administrative expenses of the Federal Transit
Administration.
(3) Use of funds.--Except as otherwise provided in this
division, amounts authorized to be appropriated for fiscal year
2021 with respect to a program under paragraph (2) shall be
distributed, administered, limited, and made available for
obligation in the same manner as amounts authorized to be
appropriated with respect to the program for fiscal year 2020
under the covered laws.
(4) Obligation limitation.--A program for which amounts are
authorized to be appropriated under paragraph (2)(A) shall be
subject to a limitation on obligations for fiscal year 2021 in
the same amount and in the same manner as the limitation
applicable with respect to the program for fiscal year 2020
under the Department of Transportation Appropriations Act, 2020
(Public Law 116-94), as in effect on December 20, 2019.
(b) Definitions.--In this section, the term ``covered laws'' means
the following:
(1) Titles I, III, IV, V, and VI of division A of the FAST
Act (Public Law 114-94).
(2) Division A, division B, subtitle A of title I and title
II of division C, and division E of MAP-21 (Public Law 112-
141).
(3) Titles I, II, and III of the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244).
(4) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public
Law 109-59).
(5) Titles I, II, III, IV, and V of the Transportation
Equity Act for the 21st Century (Public Law 105-178).
(6) Titles II, III, and IV of the National Highway System
Designation Act of 1995 (Public Law 104-59).
(7) Title I, part A of title II, title III, title IV, title
V, and title VI of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240).
(8) Title 23, United States Code.
(9) Sections 116, 117, 330, and 5505 and chapters 53, 139,
303, 311, 313, 701, and 702 of title 49, United States Code.
SEC. 102. FEDERAL HIGHWAY ADMINISTRATION.
(a) Additional Amounts.--
(1) Authorization of appropriations.--
(A) In general.--In addition to amounts authorized
under section 101, there is authorized to be
appropriated from the Highway Account for fiscal year
2021, for activities under this section,
$14,742,808,640.
(B) Contract authority.--Amounts authorized to be
appropriated under subparagraph (A) shall be available
for obligation as if apportioned under chapter 1 of
title 23, United States Code.
(2) Obligation ceiling.--
(A) In general.--Notwithstanding any other
provision of law, for fiscal year 2021, obligations for
activities authorized under paragraph (1) shall not
exceed $14,742,808,640.
(B) Distribution of obligation authority.--
(i) In general.--Of the obligation
authority provided under subparagraph (A), the
Secretary shall make available to States,
Tribes, Puerto Rico, the territories, and
Federal land management agencies, during the
period of fiscal year 2021, amounts of
obligation authority equal to the amounts
described in subparagraphs (A) through (E) of
paragraph (3), respectively.
(ii) Further distribution.--Each State,
each Tribe, Puerto Rico, each territory, and
each Federal land management agency receiving
funds under subparagraphs (A) through (E) of
paragraph (3), respectively, shall receive an
amount of obligation authority equal to the
funds that it receives under any of such
subparagraphs.
(C) Redistribution of unused obligation
authority.--
(i) In general.--Notwithstanding
subparagraph (B), the Secretary shall, after
August 1 of fiscal year 2021--
(I) revise a distribution of the
obligation authority made available
under subparagraph (B) if an amount
distributed cannot be obligated during
that fiscal year; and
(II) redistribute sufficient
amounts to those States able to
obligate amounts in addition to those
previously distributed during that
fiscal year, giving priority to those
States having large unobligated
balances of funds apportioned under
sections 144 (as in effect on the day
before the date of enactment of MAP-21
(Public Law 112-141)) and 104 of title
23, United States Code.
(ii) Administration.--The Secretary shall
administer a redistribution under clause (i) of
obligation authority provided under
subparagraph (B) in a similar manner as the
standard August redistribution.
(iii) Use of obligation authority.--A State
may use obligation authority that it receives
pursuant to this subparagraph in the same
manner that it uses obligation authority that
it receives as part of the standard August
redistribution.
(3) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2021 under paragraph (1) shall be
distributed as follows:
(A) $14,384,629,710 to the States.
(B) $167,481,814 to Tribes.
(C) $52,400,251 to Puerto Rico.
(D) $13,929,181 to the territories.
(E) $124,367,684 to Federal land management
agencies.
(4) State funds.--
(A) Distribution.--
(i) In general.--Amounts made available
under paragraph (3)(A) shall be distributed
among the States in the same ratio as total
State apportionments under section 104(c)(1) of
title 23, United States Code, in fiscal year
2020.
(ii) Suballocation.--
(I) In general.--Amounts
distributed among the States under
clause (i) shall be suballocated within
the State to areas described in
subclause (II) in the proportion that--
(aa) the total amount of
funds suballocated to such
areas of the State as described
in such subclause for fiscal
year 2020; bears to
(bb) the total amount of
funds apportioned to the State
for the Federal-aid highway
program under section 104 of
title 23, United States Code,
for fiscal year 2020.
(II) Areas described.--The areas
described in this subclause are--
(aa) urbanized areas of the
State with an urbanized area
population of over 200,000;
(bb) areas of the State
other than urban areas with a
population greater than 5,000;
and
(cc) other areas of the
State.
(B) Treatment.--Except as otherwise provided in
this paragraph, amounts made available under paragraph
(3)(A) shall be administered as if apportioned under
chapter 1 of title 23, United States Code.
(C) Use of funds.--Amounts made available under
paragraph (3)(A) may be obligated for--
(i) eligible projects described in section
133(b) of title 23, United States Code, subject
to section 133(c) of such title; and
(ii) administrative expenses, including
salaries and benefits, of--
(I) the State department of
transportation;
(II) a local transportation agency;
or
(III) a metropolitan planning
organization.
(5) Tribal funds.--
(A) Treatment.--
(i) In general.--Except as otherwise
provided in this paragraph, amounts made
available under paragraph (3)(B) shall be
administered as if made available under section
202 of title 23, United States Code.
(ii) Nonapplicability of certain provisions
of law.--Subsections (a)(6), (c), (d), and (e)
of section 202 of title 23, United States Code,
shall not apply to amounts made available under
paragraph (3)(B).
(B) Use of funds.--Amounts made available under
paragraph (3)(B) may be obligated for--
(i) activities eligible under section
202(a)(1) of title 23, United States Code; and
(ii) transportation-related administrative
expenses, including salaries and benefits, of
the Tribe.
(6) Funds for puerto rico and the territories.--
(A) Treatment.--
(i) In general.--Except as otherwise
provided in this paragraph, amounts made
available under paragraphs (3)(C) and (3)(D)
shall be administered as if allocated under
sections 165(b) and 165(c), respectively, of
title 23, United States Code.
(ii) Nonapplicability of certain provisions
of law.--Section 165(b)(2) of title 23, United
States Code, shall not apply to amounts made
available to Puerto Rico under paragraph
(3)(C).
(B) Use of funds.--
(i) Puerto rico.--Amounts made available to
Puerto Rico under paragraph (3)(C) may be
obligated for--
(I) activities eligible under
chapter 1 of title 23, United States
Code; and
(II) transportation related
administrative expenses, including
salaries and benefits.
(ii) Territories.--Amounts made available
to a territory under paragraph (3)(D) may be
obligated for--
(I) activities eligible under
section 165(c)(6) of title 23, United
States Code, subject to section
165(c)(7) of such title; and
(II) transportation-related
administrative expenses, including
salaries and benefits.
(7) Federal land management agency funds.--
(A) Distribution.--Amounts made available under
paragraph (3)(E) shall be distributed among the Federal
land management agencies as follows:
(i) $99,494,147 for the National Park
Service.
(ii) $9,949,415 for the United States Fish
and Wildlife Service.
(iii) $6,301,296 for the United States
Forest Service.
(iv) $8,622,826 to be allocated to the
applicable Federal land management agencies as
described in section 203(b) of title 23, United
States Code.
(B) Treatment.--Amounts made available under
paragraph (3)(E) shall be administered as if made
available under section 203 of title 23, United States
Code.
(8) Disadvantaged business enterprises.--Section 1101(b) of
the FAST Act (Public Law 114-94) shall apply to additional
amounts made available under paragraph (1).
(b) Special Rules for Fiscal Year 2021.--
(1) Suballocated amounts.--
(A) Use of funds.--Amounts authorized to be
appropriated for fiscal year 2021 with respect to a
program under section 101(a)(2)(A) that are
suballocated pursuant to section 133(d)(1)(A) of title
23, United States Code, may be obligated for--
(i) eligible projects as described in
section 133(b) of title 23, United States Code;
or
(ii) administrative expenses, including
salaries and benefits, of--
(I) a local transportation agency;
or
(II) a metropolitan planning
organization.
(B) Obligation authority.--
(i) In general.--A State that is required
to obligate in an urbanized area with an
urbanized area population of over 200,000
individuals under section 133(d) of title 23,
United States Code, funds apportioned to the
State under section 104(b)(2) of such title
shall make available during the period of
fiscal years 2016 through 2021 an amount of
obligation authority distributed to the State
for Federal-aid highways and highway safety
construction programs for use in the area that
is equal to the amount obtained by
multiplying--
(I) the aggregate amount of funds
that the State is required to obligate
in the area under section 133(d) of
title 23, United States Code, during
the period; and
(II) the ratio that--
(aa) the aggregate amount
of obligation authority
distributed to the State for
Federal-aid highways and
highway safety construction
programs during the period;
bears to
(bb) the total of the sums
apportioned to the State for
Federal-aid highways and
highway safety construction
programs (excluding sums not
subject to an obligation
limitation) during the period.
(ii) Joint responsibility.--Each State,
each affected metropolitan planning
organization, and the Secretary shall jointly
ensure compliance with clause (i).
(2) Ferry boat program.--Amounts authorized to be
appropriated for fiscal year 2021 with respect to a program
under section 101(a)(2)(A) that are made available for the
construction of ferry boats and ferry terminal facilities under
section 147 of title 23, United States Code, may be obligated--
(A) in accordance with sections 129(c) and 147 of
title 23, United States Code;
(B) for administrative expenses, including salaries
and benefits, of a ferry boat operator or ferry
terminal facility operator eligible for Federal
participation under section 129(c) of title 23, United
States Code; and
(C) for operating costs associated with a ferry
boat or ferry terminal facility eligible for Federal
participation under section 129(c) of title 23, United
States Code.
(3) Nationally significant freight and highway projects.--
In fiscal year 2021, the program carried out under section 117
of title 23, United States Code, shall, in addition to any
otherwise applicable requirements, be subject to the following
provisions:
(A) Multimodal projects.--Notwithstanding
subsection (d)(2)(A) of such section, the limitation
for projects described in such subsection shall be
$600,000,000 for fiscal years 2016 through 2021.
(B) Additional considerations.--Notwithstanding
subsection (h)(2) of such section, the Secretary shall
not consider the utilization of non-Federal
contributions.
(C) Evaluation and rating.--To evaluate
applications for funding under such section, the
Secretary shall--
(i) determine whether a project is eligible
for a grant under such section;
(ii) evaluate, through a methodology that
is discernible and transparent to the public,
how each application addresses the merit
criteria established by the Secretary;
(iii) assign a quality rating for each
merit criteria for each application based on
the evaluation under clause (ii);
(iv) ensure that applications receive final
consideration by the Secretary to receive an
award under such section only on the basis of
such quality ratings and that the Secretary
gives final consideration only to applications
that meet the minimally acceptable level for
each of the merit criteria; and
(v) award grants only to projects rated
highly under the evaluation and rating process.
(D) Publication and methodology.--In any published
notice of funding opportunity for a grant under such
section, the Secretary shall include detailed
information on the rating methodology and merit
criteria to be used to evaluate applications.
(E) Repeat applications.--
(i) Briefing.--The Secretary shall provide
to each applicant that applied for, but did not
receive, funding under such section in fiscal
year 2019 or 2020, at the request of the
applicant, the opportunity to receive a
briefing to--
(I) explain any reasons the
application was not selected for
funding; and
(II) advise the applicant on how to
improve the application for
resubmission in fiscal year 2021 under
the application criteria described in
this paragraph.
(ii) Supplementary application.--
(I) In general.--An applicant for
funding under such section may elect to
resubmit an application from a previous
solicitation with a supplementary
appendix that describes how the
proposed project meets the requirements
of section 117 of title 23, United
States Code, and this paragraph.
(II) Requirements.--The Secretary
shall ensure that applications
submitted under subclause (I),
including the supplementary appendix,
are evaluated based on such
requirements.
(F) Congressional notification.--A notification
submitted pursuant to subsection (m) of such section
shall include--
(i) a summary of each application submitted
and, at the request of either Committee, a copy
of any application submitted;
(ii) a list of any projects the Secretary
determined were not eligible for funding;
(iii) a description of the specific
criteria used for each evaluation, including
the quality rating assigned for each eligible
application submitted;
(iv) a list of all projects that advanced
to the Secretary for consideration; and
(v) a detailed justification of the basis
for each award proposed to be selected.
(c) Federal Share.--
(1) In general.--Except as provided in paragraph (3) and
notwithstanding section 120 of title 23, United States Code, or
any other provision of this division, the Federal share
associated with funds described in paragraph (2) that are
obligated during fiscal year 2021 may be up to 100 percent.
(2) Funds described.--The funds described in this paragraph
are funds made available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under title 23 or 49, United States Code, the FAST
Act (Public Law 114-94), or this division.
(3) Exceptions.--Paragraph (1) shall not apply to amounts
obligated under section 115 or 117 of title 23, United States
Code, or chapter 6 of such title.
(d) Administrative Expenses.--
(1) Self-certification and audit.--
(A) In general.--Prior to the obligation of funds
for administrative expenses pursuant to paragraph
(4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or
(6)(B)(ii)(II) of subsection (a) or paragraphs
(1)(A)(ii) and (2)(B) of subsection (b), a State, a
Tribe, Puerto Rico, or a territory, as applicable,
shall certify to the Secretary that such administrative
expenses meet the requirements of such paragraphs, as
applicable.
(B) Audit.--The Secretary may conduct an audit to
review obligations of funds and liquidation of such
obligations for eligible administrative expenses
described under subparagraph (A).
(2) Planning.--Notwithstanding any other provision of law,
administrative expenses described in paragraph (1)(A) shall not
be required to be included in a metropolitan transportation
plan, a long-range statewide transportation plan, a
transportation improvement program, or a statewide
transportation improvement program under sections 134 or 135 of
title 23, United States Code, or chapter 53 of title 49, United
States Code, as applicable.
(e) Definitions.--In this section, the following definitions apply:
(1) Standard august redistribution.--The term ``standard
August redistribution'' means the redistribution of obligation
authority and amounts that the Secretary is directed to
administer under--
(A) section 1102(d) of the FAST Act (Public Law
114-94); or
(B) any Act making appropriations for the
Department of Transportation for fiscal year 2021.
(2) State.--The term ``State'' means the 50 States and the
District of Columbia.
(3) Territory.--The term ``territory'' means any of the
following territories of the United States:
(A) American Samoa.
(B) The Commonwealth of the Northern Mariana
Islands.
(C) Guam.
(D) The United States Virgin Islands.
(4) Urban area; urbanized area.--The terms ``urban area''
and ``urbanized area'' have the meanings given such terms in
section 101 of title 23, United States Code.
SEC. 103. FEDERAL TRANSIT ADMINISTRATION.
(a) Additional Amounts.--
(1) Authorization of appropriations from mass transit
account.--
(A) In general.--In addition to amounts authorized
under section 101, there is authorized to be
appropriated from the Mass Transit Account for fiscal
year 2021, for activities under this section,
$5,794,851,538.
(B) Apportionment.--Amounts authorized under
subparagraph (A) shall be apportioned in accordance
with section 5310, section 5311 (other than subsections
(b)(3), (c)(1)(A), and (c)(2) of such section), section
5336 (other than subsection (h)(4) of such section),
section 5337, and section 5340 of title 49, United
States Code, except that funds apportioned under
section 5337 of such title shall be added to funds
apportioned under section 5307 of such title for
administration under section 5307 of such title.
(C) Allocation.--The Secretary shall allocate the
amounts authorized to be appropriated to sections 5307,
5310, 5311, 5337, and 5340 of title 49, United States
Code, among such sections in the same ratio as funds
are provided in the fiscal year 2020 appropriations.
(2) Authorization of appropriations from general fund.--In
addition to amounts authorized under section 101(a)(1)(B),
there is authorized to be appropriated from the general fund of
the Treasury--
(A) $958,000,000 to carry out section 5309 of title
49, United States Code; and
(B) such sums as may be necessary to be made
available as described in subsection (c) and that such
sums shall be designated by the Congress as being for
an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(3) Disadvantaged business enterprises.--Section 1101(b) of
the FAST Act (Public Law 114-94) shall apply to additional
amounts made available under this subsection.
(b) Special Rules for Fiscal Year 2021.--
(1) Use of funds.--Notwithstanding 5307(a)(1) of title 49,
United States Code, amounts made available under subsection
(a)(1)(A) may be obligated for--
(A) operating expenses, including, beginning on
January 20, 2020--
(i) reimbursement for operating costs to
maintain service and offset lost revenue,
including the purchase of personal protective
equipment; and
(ii) paying the administrative leave of
operations personnel due to reductions in
service; and
(B) any other activity eligible under section 5307,
5310, 5311, or 5337 of title 49, United States Code.
(2) Conditions.--Recipients use of funds under paragraph
(1) shall--
(A) not require that operating expenses described
in paragraph (1)(A) be included in a metropolitan
transportation plan, long-range statewide
transportation plan, a transportation improvement
program, or a statewide transportation improvement
program;
(B) meet the requirements of section 5333 of title
49, United States Code; and
(C) to the maximum extent possible, be directed to
payroll and public transit service, unless the
recipient certifies to the Secretary that such
recipient has not furloughed any employees.
(3) Oversight.--
(A) Of the amounts made available to carry out this
section, the percentages available for oversight in
section 5338(f)(1) of title 49, United States Code,
shall apply to the allocations of funds in subsection
(a)(1)(C).
(B) Use of funds.--Amounts made available under
subsection (a)(1)(A) shall be available for
administrative expenses and program management
oversight as authorized under sections 5334 and
5338(f)(2) of title 49, United States Code.
(4) Administration of grants.--Amounts made available under
subsection (a)(1)(A) shall be administered, at the option of
the recipient, as grants provided under the CARES Act (Public
Law 116-136) are administered.
(c) CIG COVID-19 Emergency Relief Program.--
(1) In general.--From amounts made available under
subsection (a)(2)(B) and notwithstanding section
5309(k)(2)(C)(ii) or section 5309(l)(1)(B)(ii) of title 49,
United States Code, at the request of a project sponsor, the
Secretary shall use such sums as may be necessary to provide an
additional 30 percent of total project costs for any project
under--
(A) 5309(d) of title 49, United States Code, that
has been approved for advancement into the engineering
phase;
(B) 5309(e) of title 49, United States Code, that
has entered into the project development phase or
approved for advancement into the engineering phase;
and
(C) subsection (d) or (e) of section 5309 of title
49, United States Code, that has a full funding grant
agreement entered into under either such subsection
after January 1, 2017.
(2) Project eligibility.--From amounts made available under
subsection (a)(2)(B), the Secretary shall use such sums as may
be necessary for projects under section 5309 of title 49,
United States Code, that--
(A) are not eligible for funds made available under
paragraph (1); and
(B) have remaining scheduled Federal funds to be
appropriated under a full funding grant agreement under
such section.
(3) Deferred local share.--The Secretary shall allow a
project sponsor to defer payment of the local share for any
project described in paragraphs (1) and (2).
(4) Total project cost.--In this subsection, the term
``total project cost'' means the most recent total project cost
stipulated in--
(A) the full funding grant agreement;
(B) the approval into project engineering; or
(C) the project rating for a project not yet
approved into project engineering.
(d) Federal Share.--
(1) In general.--Notwithstanding chapter 53 of title 49,
United States Code, or any other provision of this division,
the Federal share associated with funds described in paragraph
(2) that are obligated during fiscal year 2021 may be up to 100
percent.
(2) Funds described.--The funds described in this paragraph
are funds made available for the implementation of transit
programs authorized by chapter 53 of title 49, United States
Code, the FAST Act (Public Law 114-94), or this division,
excluding funds made available to projects under section 5309
of title 49, United States Code.
(e) Condition for Apportionment.--No funds authorized in this
division or any other Act may be used to adjust Mass Transit Account
apportionments or withhold funds from Mass Transit Account
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 in fiscal year 2021.
SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2021.--
(1) In general.--
(A) Authorization of appropriations.--In addition
to amounts authorized under section 101, there is
authorized to be appropriated from the Highway Account
for fiscal year 2021, for activities under this
subsection, $244,514,000.
(B) Contract authority.--Amounts authorized under
subparagraph (A) shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code.
(2) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2021 under paragraph (1) shall be
distributed as follows:
(A) $105,000,000 for carrying out section 402 of
title 23, United States Code.
(B) $15,312,000 for carrying out section 403 of
title 23, United States Code.
(C) $19,202,000 for carrying out section 404 of
title 23, United States Code.
(D) $105,000,000 for carrying out section 405 of
title 23, United States Code.
(b) Special Rules for Fiscal Year 2021.--
(1) Federal share.--Notwithstanding sections 120,
405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of title 23,
United States Code, the Federal share of activities for fiscal
year 2021 carried out under chapter 4 of title 23, United
States Code and section 1906 of SAFETEA-LU (23 U.S.C. 402 note)
shall be 100 percent.
(2) Period of availability.--Notwithstanding section 118(b)
of title 23, United States Code, funds apportioned or allocated
to a State in fiscal years 2017 and 2018 under sections 402 and
405 of title 23, United States Code, and section 1906 of
SAFETEA-LU (23 U.S.C. 402 note), shall remain available for
obligation in that State for a period of 4 years after the last
day of the fiscal year for which the funds are authorized.
(3) Maintenance of effort.--Notwithstanding section
405(a)(9) of title 23, United States Code, the Secretary may
waive the maintenance of effort requirements under such section
for fiscal year 2021 for a State, if the Secretary determines
appropriate. Notwithstanding any other provision of law, this
paragraph shall apply as if such paragraph was enacted on
September 30, 2020.
(4) In-vehicle alcohol detection device research.--In
carrying out subsection (h) of section 403 of title 23, United
States Code, the Secretary may obligate from funds made
available to carry out such section for fiscal year 2021 not
more than $5,312,000 to conduct the research described in
paragraph (1) of such subsection.
(5) Cooperative research and evaluation.--Notwithstanding
the apportionment formula set forth in section 402(c)(2) of
title 23, United States Code, and section 403(f)(1) of title
23, United States Code, $2,500,000 of the total amount
available for apportionment to the States for highway safety
programs under section 402(c)(2) of title 23, United States
Code, for each of fiscal years 2016 through 2021, shall be
available for expenditure by the Secretary, acting through the
Administrator of the National Highway Traffic Safety
Administration, for a cooperative research and evaluation
program to research and evaluate priority highway safety
countermeasures. This paragraph shall apply as if such
paragraph was enacted on October 1, 2015.
SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2021.--
(1) Authorization of appropriations.--In addition to
amounts authorized under section 101, there is authorized to be
appropriated from the Highway Account for fiscal year 2021, for
activities under this subsection, $209,900,000.
(2) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2021 under paragraph (1) shall be
distributed as follows:
(A) Subject to section 31104(c) of title 49, United
States Code--
(i) $80,512,000 for carrying out section
31102 (except subsection (l)) of title 49,
United States Code);
(ii) $14,208,000 for carrying out section
31102(l) of title 49, United States Code; and
(iii) $23,680,000 for carrying out section
31313 of title 49, United States Code.
(B) $91,500,000 for carrying out section 31110 of
title 49, United States Code.
(3) Treatment of funds.--Except as provided in subsection
(b), amounts made available under this section shall be made
available for obligation and administered as if made available
under chapter 311 of title 49, United States Code.
(b) Special Rules for Fiscal Year 2021.--
(1) Financial assistance agreements federal share.--
Notwithstanding chapter 311 of title 49, United States Code, or
any regulations adopted pursuant to such chapter, for the
duration of fiscal year 2021 with respect to all financial
assistance made available under subsection (a) and section 101,
the Secretary of Transportation may--
(A) reimburse recipients under section 31104(b)(2)
of title 49, United States Code, in an amount that is
100 percent of the costs described in such section; and
(B) waive the maintenance of effort requirement
under 31102(f) of title 49, United States Code, for all
States without requiring States to request a waiver.
(2) Financial assistance agreements period of
availability.--Notwithstanding section 31104(f) of title 49,
United States Code, the Secretary shall extend the periods of
availability described in such section by 1 year.
(3) Administrative expenses.--The Administrator of the
Federal Motor Carrier Safety Administration shall ensure that
funds made available under subsection (a)(2)(B) are used, to
the maximum extent practicable, to support--
(A) the acceleration of planned investments to
modernize the Administration's information technology
and information management systems;
(B) the completion of outstanding statutory
mandates required by MAP-21 (112-141) and the FAST Act
(114-94); and
(C) a Large Truck Crash Causal Factors Study of the
Administration.
SEC. 106. DEFINITIONS.
In this division, the following definitions apply:
(1) Highway account.--The term ``Highway Account'' means
the portion of the Highway Trust Fund that is not the Mass
Transit Account.
(2) Mass transit account.--The term ``Mass Transit
Account'' means the portion of the Highway Trust Fund
established under section 9503(e)(1) of the Internal Revenue
Code of 1986.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
DIVISION B--SURFACE TRANSPORTATION
SEC. 1001. APPLICABILITY OF DIVISION.
(a) Applicability.--This division, including the amendments made by
this division, applies beginning on October 1, 2021.
(b) Reference to Date of Enactment.--In this division and the
amendments made by this division, any reference to--
(1) the date of enactment of this Act;
(2) the date of enactment of a provision of this division;
(3) the date of enactment of a provision added to law by an
amendment made by this division; or
(4) the date of enactment of the INVEST in America Act
added to law by an amendment made by this division,
shall be treated as a reference to October 1, 2021.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the pre-disaster mitigation program under section
124 of such title, the railway crossings program under section
130 of such title, the surface transportation program under
section 133 of such title, the highway safety improvement
program under section 148 of such title, the congestion
mitigation and air quality improvement program under section
149 of such title, the national highway freight program under
section 167 of such title, the carbon pollution reduction
program under section 171 of such title, and metropolitan
planning under section 134 of such title--
(A) $55,022,048,429 for fiscal year 2022;
(B) $55,980,646,776 for fiscal year 2023;
(C) $57,095,359,712 for fiscal year 2024; and
(D) $58,118,666,186 for fiscal year 2025.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of title 23, United States Code, $300,000,000 for each of
fiscal years 2022 through 2025.
(3) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry terminal
facilities under section 147 of title 23, United States Code,
$120,000,000 for each of fiscal years 2022 through 2025.
(4) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23,
United States Code, $800,000,000 for each of fiscal
years 2022 through 2025.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of
title 23, United States Code, $550,000,000 for
each of fiscal years 2022 through 2025.
(ii) Allocation.--Of the amount made
available for a fiscal year under clause (i)--
(I) the amount for the National
Park Service is $400,000,000 for each
of fiscal years 2022 through 2025.
(II) the amount for the United
States Fish and Wildlife Service is
$50,000,000 for each of fiscal years
2022 through 2025; and
(III) the amount for the United
States Forest Service is $50,000,000
for each of fiscal years 2022 through
2025.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code, $345,000,000 for each of fiscal
years 2022 through 2025.
(D) Federal lands and tribal major projects
grants.--To carry out section 208 of title 23, United
States Code, $400,000,000 for each of fiscal years 2022
through 2025.
(5) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, $310,000,000 for each of
fiscal years 2022 through 2025.
(6) Projects of national and regional significance.--For
projects of national and regional significance under section
117 of title 23, United States Code--
(A) $2,200,000,000 for fiscal year 2022;
(B) $2,200,000,000 for fiscal year 2023;
(C) $2,300,000,000 for fiscal year 2024; and
(D) $2,350,000,000 for fiscal year 2025.
(7) Community transportation investment grants.--To carry
out section 173 of title 23, United States Code, $600,000,000
for each of fiscal years 2022 through 2025.
(8) Electric vehicle charging and hydrogen fueling
infrastructure grants.--To carry out section 151(f) of title
23, United States Code, $350,000,000 for each of fiscal years
2022 through 2025.
(9) Community climate innovation grants.--To carry out
section 172 of title 23, United States Code, $250,000,000 for
each of fiscal years 2022 through 2025.
(b) Additional Programs.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(A) Gridlock reduction grant program.--To carry out
section 1306 of this Act, $250,000,000 for fiscal year
2022.
(B) Rebuild rural grant program.--To carry out
section 1307 of this Act, $250,000,000 for fiscal year
2022.
(C) Parking for commercial motor vehicles.--To
carry out section 1308 of this Act, $250,000,000 for
fiscal year 2023.
(D) Active transportation connectivity grant
program.--To carry out section 1309 of this Act,
$250,000,000 for fiscal year 2024.
(E) Metro performance program.--To carry out
section 1305 of this Act, $250,000,000 for each of
fiscal years 2023 through 2025.
(2) Treatment of funds.--Amounts made available under
subparagraphs (B) through (D) 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) while significant progress has occurred due to
the establishment of the disadvantaged business
enterprise program, discrimination and related barriers
continue to pose significant obstacles for minority-
and women-owned businesses seeking to do business in
federally assisted surface transportation markets
across the United States;
(B) the continuing barriers described in
subparagraph (A) merit the continuation of the
disadvantaged business enterprise program;
(C) Congress has received and reviewed testimony
and documentation of race and gender discrimination
from numerous sources, including congressional hearings
and roundtables, scientific reports, reports issued by
public and private agencies, news stories, reports of
discrimination by organizations and individuals, and
discrimination lawsuits, which show that race- and
gender-neutral efforts alone are insufficient to
address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across
the United States poses a barrier to full and fair
participation in surface transportation-related
businesses of women business owners and minority
business owners and has impacted firm development and
many aspects of surface transportation-related business
in the public and private markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the
disadvantaged business enterprise program to address
race and gender discrimination in surface
transportation-related business.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--
(i) In general.--The term ``small business
concern'' means a small business concern (as
the term is used in section 3 of the Small
Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business
concern'' does not include any concern or group
of concerns controlled by the same socially and
economically disadvantaged individual or
individuals that have average annual gross
receipts during the preceding 3 fiscal years in
excess of $26,290,000, as adjusted annually by
the Secretary of Transportation for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning given the
term in section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act, except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
(3) Amounts for small business concerns.--Except to the
extent that the Secretary of Transportation determines
otherwise, not less than 10 percent of the amounts made
available for any program under titles I, II, V, and VII of
this division and section 403 of title 23, United States Code,
shall be expended through small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
(4) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State,
including the location of the small business concerns
in the State; and
(B) notify the Secretary, in writing, of the
percentage of the small business concerns that are
controlled by--
(i) women;
(ii) socially and economically
disadvantaged individuals (other than women);
and
(iii) individuals who are women and are
otherwise socially and economically
disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary of Transportation
shall establish minimum uniform criteria for use by
State governments in certifying whether a concern
qualifies as a small business concern for the purpose
of this subsection.
(B) Inclusions.--The minimum uniform criteria
established under subparagraph (A) shall include, with
respect to a potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of
principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary of Transportation shall
establish minimum requirements for use by State governments in
reporting to the Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary
determines to be appropriate for the proper monitoring
of the disadvantaged business enterprise program.
(7) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity to
receive funds made available under titles I, II, V, and VII of
this division and section 403 of title 23, United States Code,
if the entity or person is prevented, in whole or in part, from
complying with paragraph (3) because a Federal court issues a
final order in which the court finds that a requirement or the
implementation of paragraph (3) is unconstitutional.
(8) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--
(A) the Secretary of Transportation should take
additional steps to ensure that recipients comply with
section 26.29 of title 49, Code of Federal Regulations
(the disadvantaged business enterprises prompt payment
rule), or any corresponding regulation, in awarding
federally funded transportation contracts under laws
and regulations administered by the Secretary; and
(B) such additional steps should include increasing
the Department of Transportation's ability to track and
keep records of complaints and to make that information
publicly available.
SEC. 1102. OBLIGATION LIMITATION.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $62,059,350,954 for fiscal year 2022;
(2) $63,021,354,776 for fiscal year 2023;
(3) $64,246,443,712 for fiscal year 2024; and
(4) $65,080,125,186 for fiscal year 2025.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (but, for
fiscal years 2016 through 2021, only in an amount equal to
$639,000,000 for each of those fiscal years);
(14) section 203 of title 23, United States Code (but, for
fiscal years 2022 through 2025, only in an amount equal to
$550,000,000 for each of those fiscal years); and
(15) section 133(d)(1)(B) of title 23, United States Code
(but, for fiscal years 2022 through 2025, only in an amount
equal to $89,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--Subject to paragraph
(1)(B), for each of fiscal years 2022 through 2025, the Secretary of
Transportation--
(1)(A) shall not distribute obligation authority provided
by subsection (a) for the fiscal year for--
(i) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code;
(ii) amounts authorized for the Bureau of
Transportation Statistics;
(iii) amounts authorized for the tribal
transportation program by section under section 202 of
title 23, United States Code; and
(iv) amounts authorized for the territorial and
Puerto Rico highway program under section 165(a) of
title 23, United States Code; and
(B) for each of fiscal years 2023 through 2025, in addition
to the amounts described in subparagraph (A), shall not
distribute obligation authority provided by subsection (a) for
the fiscal year for amounts authorized for the metro
performance program under section 1305 of this Act;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
section 202 or 204 of title 23, United States Code);
and
(B) for which obligation authority was provided in
a previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection
(a) for the fiscal year, less the aggregate of amounts
not distributed under paragraphs (1) and (2) of this
subsection; bears to
(B) the total of--
(i) the sums authorized to be appropriated
for the Federal-aid highway and highway safety
construction programs, other than sums
authorized to be appropriated for--
(I) provisions of law described in
paragraphs (1) through (13) of
subsection (b);
(II) section 203 of title 23,
United States Code, equal to the amount
referred to in subsection (b)(14) for
the fiscal year; and
(III) section 133(d)(1)(B) of title
23, United States Code, equal to the
amount referred to in subsection
(b)(15) for the fiscal year; less
(ii) the aggregate of the amounts not
distributed under paragraphs (1) and (2) of
this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2), for each of the programs (other
than programs to which paragraph (1) applies) that are
allocated by the Secretary under this Act and title 23, United
States Code, or apportioned by the Secretary under sections 202
or 204 of such title, by multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the surface transportation program in section
133(d)(1)(B) of title 23, United States Code, that are exempt
from the limitation under subsection (b)(15) and the amounts
apportioned under sections 202 and 204 of such title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for the fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
the fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary of Transportation shall, after August 1
of each of fiscal years 2022 through 2025--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under section
104 of title 23, United States Code.
(e) Special Limitation.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for--
(A) transportation research programs carried out
under chapter 5 of title 23, United States Code, and
title V of this Act; and
(B) the metro performance program under section
1305 of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(f) Lop-Off.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2022 through 2025, the Secretary of
Transportation shall distribute to the States any funds that--
(A) are authorized to be appropriated for the
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for the fiscal
year because of the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.
Section 101 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), (13), (14),
(15), (16), (17), (18), (19), (20), (21), (22), (23),
(24), (25), (26), (27), (28), (29), (30), (31), (32),
(33), and (34) as paragraphs (2), (3), (4), (6), (8),
(10), (11), (12), (13), (14), (16), (17), (18), (19),
(20), (21), (23), (24), (25), (26), (28), (29), (32),
(33), (34), (35), (36), (37), (38), (40), (41), (42),
(43), and (44), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Adaptation.--The term `adaptation' means an
adjustment in natural or human systems in anticipation of, or
in response to, a changing environment in a way that moderates
negative effects of extreme events or climate change.'';
(C) by inserting after paragraph (4), as so
redesignated, the following:
``(5) Climate change.--The term `climate change' means any
significant change in the measures of climate lasting for an
extended period of time, and may include major changes in
temperature, precipitation, wind patterns, or sea level, among
others, that occur over several decades or longer.'';
(D) paragraph (6)(A), as so redesignated, by
inserting ``assessing resilience,'' after
``surveying,'';
(E) by inserting after paragraph (6), as so
redesignated, the following:
``(7) Context sensitive design principle.--The term
`context sensitive design principle' means a principle 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, of users of the transportation
facility, including pedestrians, bicyclists, public
transportation users, children, older individuals,
individuals with disabilities, motorists, and freight
vehicles; and
``(B) considers the context in which the facility
is planned to be constructed to determine the
appropriate facility design.'';
(F) by inserting after paragraph (8), as so
redesignated, the following:
``(9) Evacuation route.--The term `evacuation route' means
a transportation route or system that--
``(A) is used to transport--
``(i) the public away from an emergency
event; or
``(ii) first responders and recovery
resources in the event of an emergency; and
``(B) is identified, consistent with sections
134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the
eligible entity with jurisdiction over the area in
which the route is located for the purposes described
in subparagraph (A).'';
(G) by inserting after paragraph (14), as so
redesignated, the following:
``(15) Greenhouse gas.--The term `greenhouse gas' has the
meaning given the term in section 211(o)(1)(G) of the Clean Air
Act (42 U.S.C. 21 7545(o)(1)(G)).'';
(H) by inserting after paragraph (21), as so
redesignated, the following:
``(22) Natural infrastructure.--
``(A) In general.--The term `natural
infrastructure' means infrastructure that uses,
restores, or emulates natural ecological processes
that--
``(i) is created through the action of
natural physical, geological, biological, and
chemical processes over time;
``(ii) is created by human design,
engineering, and construction to emulate or act
in concert with natural processes; or
``(iii) involves the use of plants, soils,
and other natural features, including through
the creation, restoration, or preservation of
vegetated areas using materials appropriate to
the region to manage stormwater and runoff, to
attenuate flooding and storm surges, and for
other related purposes.
``(B) Inclusion.--The term `natural infrastructure'
includes green infrastructure and nature-based
solutions.'';
(I) by inserting after paragraph (26), as so
redesignated, the following:
``(27) Protective feature.--
``(A) In general.--The term `protective feature'
means an improvement to a highway or bridge designed to
increase resilience or mitigate the risk of recurring
damage or the cost of future repairs from climate
change effects, extreme events, seismic activity, or
any other natural disaster.
``(B) Inclusions.--The term `protective feature'
includes--
``(i) raising roadway grades;
``(ii) relocating roadways to higher ground
above projected flood elevation levels or away
from slide prone areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) lengthening or raising bridges to
increase waterway openings;
``(vi) increasing the size or number of
drainage structures;
``(vii) replacing culverts with bridges or
upsizing culverts;
``(viii) installing seismic retrofits on
bridges;
``(iv) adding scour protection at bridges;
``(x) scour, stream stability, coastal, and
other hydraulic countermeasures; and
``(xi) the use of natural
infrastructure.'';
(J) by inserting after paragraph (29), as so
redesignated, the following:
``(30) Repeatedly damaged facility.--The term `repeatedly
damaged facility' means a road, highway, or bridge that has
required repair and reconstruction activities on 2 or more
occasions due to natural disasters or catastrophic failures
resulting in emergencies declared by the Governor of the State
in which the road, highway, or bridge is located or emergencies
or major disasters declared by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
``(31) Resilience.--
``(A) In general.--The term `resilience' means,
with respect to a facility, the ability to--
``(i) anticipate, prepare for, or adapt to
conditions; or
``(ii) withstand, respond to, or recover
rapidly from disruptions.
``(B) Inclusions.--Such term includes, with respect
to a facility, the ability to--
``(i) resist hazards or withstand impacts
from disruptions;
``(ii) reduce the magnitude, duration, or
impact of a disruption; or
``(iii) have the absorptive capacity,
adaptive capacity, and recoverability to
decrease vulnerability to a disruption.''; and
(K) by inserting after paragraph (38), as so
redesignated, the following:
``(39) Transportation system access.--The term
`transportation system access' means the ability to travel by
automobile, public transportation, pedestrian, and bicycle
networks, measured by travel time, taking into consideration--
``(A) the impacts of the level of travel stress for
active travel; and
``(B) costs for low-income travelers.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``Defense,'' and
inserting ``Defense Highways,'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking
``Century'' and inserting ``century'';
(ii) in subparagraph (G) by striking ``;
and'' and inserting a semicolon;
(iii) in subparagraph (H) by striking
``Century.'' and inserting ``century;''; and
(iv) by adding at the end the following:
``(I) safety is the highest priority of the
Department of Transportation, and the Secretary and
States should take all actions necessary to meet the
transportation needs of the 21st century for all road
users;
``(J) climate change presents a significant risk to
safety, the economy, and national security, and
reducing the contributions of the transportation system
to the Nation's total carbon pollution is critical; and
``(K) the Secretary and States should take
appropriate measures and ensure investments to increase
the resilience of the Nation's transportation
system.''; and
(C) in paragraph (4)(A) by inserting ``while
ensuring that environmental protections are
maintained'' after ``review process''.
SEC. 1104. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States Code, is
amended--
(1) in subsection (a)(1) by striking subparagraphs (A)
through (E) and inserting the following;
``(A) $ 506,302,525 for fiscal year 2022;
``(B) $ 509,708,000 for fiscal year 2023;
``(C) $ 520,084,000 for fiscal year 2024; and
``(D) $ 530,459,000 for fiscal year 2025.'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Division Among Programs of State's Share of Apportionment.--
The Secretary shall distribute the amount apportioned to a State for a
fiscal year under subsection (c) among the covered programs as follows:
``(1) National highway performance program.--For the
national highway performance program, 55.09 percent of the
amount remaining after distributing amounts under paragraphs
(4), (6), and (7).
``(2) Surface transportation program.--For the surface
transportation program, 28.43 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), and (7).
``(3) Highway safety improvement program.--For the highway
safety improvement program, 6.19 percent of the amount
remaining after distributing amounts under paragraphs (4), (6),
and (7).
``(4) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation
and air quality improvement program, an amount
determined for the State under subparagraphs (B) and
(C).
``(B) Total amount.--The total amount for the
congestion mitigation and air quality improvement
program for all States shall be--
``(i) $2,913,925,833 for fiscal year 2022;
``(ii) $2,964,919,535 for fiscal year 2023;
``(iii) $3,024,217,926 for fiscal year
2024; and
``(iv) $3,078,653,849 for fiscal year 2025.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the amount
for the congestion mitigation and air quality
improvement program under subparagraph (B) so that each
State receives an amount equal to the proportion that--
``(i) the amount apportioned to the State
for the congestion mitigation and air quality
improvement program for fiscal year 2020; bears
to
``(ii) the total amount of funds
apportioned to all States for such program for
fiscal year 2020.
``(5) National highway freight program.--For the national
highway freight program, 3.38 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), and (7).
``(6) Metropolitan planning.--
``(A) In general.--For metropolitan planning, an
amount determined for the State under subparagraphs (B)
and (C).
``(B) Total amount.--The total amount for
metropolitan planning for all States shall be--
``(i) $507,500,000 for fiscal year 2022;
``(ii) $516,381,250 for fiscal year 2023;
``(iii) $526,708,875 for fiscal year 2024;
and
``(iv) $536,189,635 for fiscal year 2025.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the amount
for metropolitan planning under subparagraph (B) so
that each State receives an amount equal to the
proportion that--
``(i) the amount apportioned to the State
for metropolitan planning for fiscal year 2020;
bears to
``(ii) the total amount of funds
apportioned to all States for metropolitan
planning for fiscal year 2020.
``(7) Railway crossings.--
``(A) In general.--For the railway crossings
program, an amount determined for the State under
subparagraphs (B) and (C).
``(B) Total amount.--The total amount for the
railway crossings program for all States shall be
$245,000,000 for each of fiscal years 2022 through
2025.
``(C) State share.--
``(i) In general.--For each fiscal year,
the Secretary shall distribute among the States
the amount for the railway crossings program
under subparagraph (B) as follows:
``(I) 50 percent of the amount for
a fiscal year shall be apportioned to
States by the formula set forth in
section 104(b)(3)(A) (as in effect on
the day before the date of enactment of
MAP-21).
``(II) 50 percent of the amount for
a fiscal year shall be apportioned to
States in the ratio that total public
railway-highway crossings in each State
bears to the total of such crossings in
all States.
``(ii) Minimum apportionment.--
Notwithstanding clause (i), for each fiscal
year, each State shall receive a minimum of
one-half of 1 percent of the total amount for
the railway crossings program for such fiscal
year under subparagraph (B).
``(8) Pre-disaster mitigation program.--For the pre-
disaster mitigation program, 2.96 percent of the amount
remaining after distributing amounts under paragraphs (4), (6),
and (7).
``(9) Carbon pollution reduction program.--For the carbon
pollution reduction program, 3.95 percent of the amount
remaining after distributing amounts under paragraphs (4), (6),
and (7).
``(c) Calculation of Amounts.--
``(1) State share.--For each of fiscal years 2022 through
2025, the amount for each State shall be determined as follows:
``(A) Initial amounts.--The initial amounts for
each State shall be determined by multiplying--
``(i) the combined amount authorized for
appropriation for the fiscal year for the
covered programs; by
``(ii) the share for each State, which
shall be equal to the proportion that--
``(I) the amount of apportionments
that the State received for fiscal year
2020; bears to
``(II) the amount of those
apportionments received by all States
for fiscal year 2020.
``(B) Adjustments to amounts.--The initial amounts
resulting from the calculation under subparagraph (A)
shall be adjusted to ensure that each State receives an
aggregate apportionment equal to at least 95 percent of
the estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most
recent fiscal year for which data are available.
``(2) State apportionment.--On October 1 of fiscal years
2022 through 2025, the Secretary shall apportion the sums
authorized to be appropriated for expenditure on the covered
programs in accordance with paragraph (1).'';
(3) in subsection (d)(1)(A)--
(A) in clause (i) by striking ``paragraphs (5)(D)
and (6) of subsection (b)'' and inserting ``subsection
(b)(6)''; and
(B) in clause (ii) by striking ``paragraphs (5)(D)
and (6) of subsection (b)'' and inserting ``subsection
(b)(6)''; and
(4) by striking subsections (h) and (i) and inserting the
following:
``(h) Definition of Covered Programs.--In this section, the term
`covered programs' means--
``(1) the national highway performance program under
section 119;
``(2) the surface transportation program under section 133;
``(3) the highway safety improvement program under section
148;
``(4) the congestion mitigation and air quality improvement
program under section 149;
``(5) the national highway freight program under section
167;
``(6) metropolitan planning under section 134;
``(7) the railway crossings program under section 130(e);
``(8) the predisaster mitigation program under section 124;
and
``(9) the carbon pollution reduction program under section
171.''.
(b) Federal Share Payable.--Section 120(c)(3) of title 23, United
States Code, is amended--
(1) in subparagraph (A) by striking ``(5)(D),''; and
(2) in subparagraph (C)(i) by striking ``(5)(D)''.
(c) Metropolitan Transportation Planning; Title 23.--Section 134(p)
of title 23, United States Code, is amended by striking ``paragraphs
(5)(D) and (6) of section 104(b)'' and inserting ``section 104(b)(6)''.
(d) Statewide and Nonmetropolitan Transportation Planning.--Section
135(i) of title 23, United States Code, is amended by striking
``paragraphs (5)(D) and (6) of section 104(b)'' and inserting ``section
104(b)(6)''.
(e) Metropolitan Transportation Planning; Title 49.--Section
5303(p) of title 49, United States Code, is amended by striking
``section 104(b)(5)'' and inserting ``section 104(b)(6)''.
SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
Section 105 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)(A) by striking ``to be
appropriated'' each place it appears; and
(B) by adding at the end the following:
``(4) Special rule.--
``(A) Adjustment.--In making an adjustment under
paragraph (1) for an allocation, reservation, or set-
aside from an amount authorized from the Highway
Account or Mass Transit Account described in
subparagraph (B), the Secretary shall--
``(i) determine the ratio that--
``(I) the amount authorized to be
appropriated for the allocation,
reservation, or set-aside from the
account for the fiscal year; bears to
``(II) the total amount authorized
to be appropriated for such fiscal year
for all programs under such account;
``(ii) multiply the ratio determined under
clause (i) by the amount of the adjustment
determined under subsection (b)(1)(B); and
``(iii) adjust the amount that the
Secretary would have allocated for the
allocation, reservation, or set-aside for such
fiscal year but for this section by the amount
calculated under clause (ii).
``(B) Allocations, reservations, and set-asides.--
The allocations, reservations, and set-asides described
in this subparagraph are--
``(i) from the amount made available for a
fiscal year for the Federal lands
transportation program under section 203, the
amounts allocated for a fiscal year for the
National Park Service, the United States Fish
and Wildlife Service, and the United States
Forest Service;
``(ii) the amount made available for the
Puerto Rico highway program under section
165(a)(1); and
``(iii) the amount made available for the
territorial highway program under section
165(a)(2).'';
(2) in subsection (e)--
(A) by striking ``There is authorized'' and
inserting ``For fiscal year 2022 and each fiscal year
thereafter, there is authorized''; and
(B) by striking ``for any of fiscal years 2017
through 2020''; and
(3) in subsection (f)(1) by striking ``section 1102 or 3018
of the FAST Act'' and inserting ``any other provision of law''.
SEC. 1106. TRANSPARENCY.
(a) Apportionment.--Section 104 of title 23, United States Code, is
amended by striking subsection (g) and inserting the following:
``(g) Highway Trust Fund Transparency and Accountability Reports.--
``(1) Requirement.--
``(A) In general.--The Secretary shall compile data
in accordance with this subsection on the use of
Federal-aid highway funds made available under this
title.
``(B) User friendly data.--The data compiled under
subparagraph (A) shall be in a user friendly format
that can be searched, downloaded, disaggregated, and
filtered by data category.
``(2) Project data.--
``(A) In general.--Not later than 120 days after
the end of each fiscal year, the Secretary shall make
available on the website of the Department of
Transportation a report that describes--
``(i) the location of each active project
within each State during such fiscal year,
including in which congressional district or
districts such project is located;
``(ii) the total cost of such project;
``(iii) the amount of Federal funding
obligated for such project;
``(iv) the program or programs from which
Federal funds have been obligated for such
project;
``(v) whether such project is located in an
area of the State with a population of--
``(I) less than 5,000 individuals;
``(II) 5,000 or more individuals
but less than 50,000 individuals;
``(III) 50,000 or more individuals
but less than 200,000 individuals; or
``(IV) 200,000 or more individuals;
``(vi) 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;
``(vii) the functional classification of
the roadway on which such project is located;
and
``(viii) available information on the
estimated cost of such 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.
``(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 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 at the start of the
fiscal year;
``(ii) the amount of funding obligated by
the State during such fiscal year;
``(ii) the amount of funding remaining
available for obligation by the State at the
end of such fiscal year; and
``(iii) changes in the obligated,
unexpended balance for the State;
``(B) Programmatic data.--The data described in
subparagraph (A) shall include--
``(i) the amount of funding by each
apportioned and allocated program for which the
State received funding under this title;
``(ii) the amount of funding transferred
between programs by the State during the fiscal
year using the authority provided under section
126; and
``(iii) the amount and program category of
Federal funds exchanged as described in section
106(g)(6).
``(4) Definitions.--In this subsection:
``(A) Active project.--
``(i) In general.--The term `active
project' means a Federal-aid highway project
using funds made available under this title on
which those funds were obligated or expended
during the fiscal year for which the estimated
total cost as of the start of construction is
greater than $5,000,000.
``(ii) Exclusion.--The term `active
project' does not include any project for which
funds are transferred to agencies other than
the Federal Highway Administration.
``(B) Interactive map.--The term `interactive map'
means a map displayed on the public website of the
Department of Transportation that allows a user to
select and view information for each active project,
State, and Congressional district.
``(C) State.--The term `State' means any of the 50
States or the District of Columbia.''.
(b) Project Approval and Oversight.--Section 106 of title 23,
United States Code, is amended--
(1) in subsection (g)--
(A) in paragraph (4) by striking subparagraph (B)
and inserting the following:
``(B) Assistance to states.--The Secretary shall--
``(i) develop criteria for States to use to
make the determination required under
subparagraph (A); and
``(ii) provide training, guidance, and
other assistance to States and subrecipients as
needed to ensure that projects administered by
subrecipients comply with the requirements of
this title.
``(C) Periodic review.--The Secretary shall review,
not less frequently than every 2 years, the monitoring
of subrecipients by the States.''; and
(B) by adding at the end the following:
``(6) Federal funding exchange programs.--A State may
implement a program under which a subrecipient has the option
to exchange Federal funds allocated to such subrecipient in
accordance with the requirements of this title for State or
local funds if the State certifies to the Secretary that the
State has prevailing wage and domestic content requirements
that are comparable to the requirements under sections 113 and
313 and that such requirements shall apply to projects carried
out using such funds if such projects would have been subject
to the requirements of sections 113 and 313 if such projects
were carried out using Federal funds.'';
(2) in subsection (h)(3)--
(A) in subparagraph (B) by striking ``, as
determined by the Secretary,''; and
(B) in subparagraph (D) by striking ``shall
assess'' and inserting ``in the case of a project
proposed to be advanced as a public-private
partnership, shall include a detailed value for money
analysis or comparable analysis to determine''; and
(3) by adding at the end the following:
``(k) Megaprojects.--
``(1) Comprehensive risk management plan.--To be authorized
for the construction of a megaproject, the recipient of Federal
financial assistance under this title for such megaproject
shall submit to the Secretary a comprehensive risk management
plan that contains--
``(A) a description of the process by which the
recipient will identify, quantify, and monitor the
risks, including natural hazards, that might result in
cost overruns, project delays, reduced construction
quality, or reductions in benefits with respect to the
megaproject;
``(B) examples of mechanisms the recipient will use
to track risks identified pursuant to subparagraph (A);
``(C) a plan to control such risks; and
``(D) such assurances as the Secretary determines
appropriate that the recipient shall, with respect to
the megaproject--
``(i) regularly submit to the Secretary
updated cost estimates; and
``(ii) maintain and regularly reassess
financial reserves for addressing known and
unknown risks.
``(2) Peer review group.--
``(A) In general.--Not later than 90 days after the
date on which a megaproject is authorized for
construction, the recipient of Federal financial
assistance under this title for such megaproject shall
establish a peer review group for such megaproject that
consists of at least 5 individuals (including at least
1 individual with project management experience) to
give expert advice on the scientific, technical, and
project management aspects of the megaproject.
``(B) Membership.--
``(i) In general.--Not later than 180 days
after the date of enactment of this subsection,
the Secretary shall establish guidelines
describing how a recipient described in
subparagraph (A) shall--
``(I) recruit and select members
for a peer review group established
under such subparagraph; and
``(II) make publicly available the
criteria for such selection and
identify the members so selected.
``(ii) Conflict of interest.--No member of
a peer review group for a megaproject may have
a direct or indirect financial interest in such
megaproject.
``(C) Tasks.--A peer review group established under
subparagraph (A) by a recipient of Federal financial
assistance for a megaproject shall--
``(i) meet annually until completion of the
megaproject;
``(ii) not later than 90 days after the
date of the establishment of the peer review
group and not later than 90 days after the date
of any significant change, as determined by the
Secretary, to the scope, schedule, or budget of
the megaproject, review the scope, schedule,
and budget of the megaproject, including
planning, engineering, financing, and any other
elements determined appropriate by the
Secretary; and
``(iii) submit to the Secretary, Congress,
and such recipient a report on the findings of
each review under clause (ii).
``(3) Transparency.--Not later than 90 days after the
submission of a report under paragraph (2)(C)(iii), the
Secretary shall publish on the website of the Department of
Transportation such report.
``(4) Megaproject defined.--In this subsection, the term
`megaproject' means a project under this title that has an
estimated total cost of $2,000,000,000 or more, and such other
projects as may be identified by the Secretary.
``(l) Special Experimental Projects.--
``(1) Public availability.--The Secretary shall publish on
the website of the Department of Transportation a copy of all
letters of interest, proposals, workplans, and reports related
to the special experimental project authority pursuant to
section 502(b).
``(2) Notification and opportunity for comment.--Not later
than 30 days before making a determination to proceed with an
experiment under a letter of interest described in paragraph
(1), the Secretary shall provide notification and an
opportunity for public comment on the letter of interest and
the Secretary's proposed response.
``(3) Report to congress.--Not later than 2 years after the
date of enactment of the INVEST in America Act, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that includes--
``(A) a summary of each experiment described in
this subsection carried out over the previous 5 years;
and
``(B) legislative recommendations 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 30 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 award proposed to be
selected;
``(B) a description of the review process;
``(C) for each application, the determination made
under paragraph (2)(C); and
``(D) a detailed explanation of the basis for each
award proposed to be selected.
``(4) Notification of applicants.--Not later than 30 days
after making a grant for a project under a covered program, the
Secretary shall send to all applicants under such covered
program, and publish on the website of the Department of
Transportation--
``(A) a summary of each application made to the
covered program for the given round of funding; and
``(B) the evaluation and justification for the
project selection, including all ratings, rankings,
scores, or similar metrics for applications made to the
covered program for the given round of funding during
each phase of the grant selection process.
``(5) Briefing.--The Secretary shall provide, at the
request of a grant applicant of a covered program, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(6) Template.--The Secretary shall, to the extent
practicable, develop a template as described in paragraph
(2)(A) for any discretionary program administered by the
Secretary that is not a covered program.
``(7) Covered program defined.--The term `covered program'
means each of the following discretionary grant programs:
``(A) Community climate innovation grants under
section 172.
``(B) Electric vehicle charging and hydrogen
fueling infrastructure grants under section 151(f).
``(C) Federal lands and tribal major projects
grants under section 208.
``(D) Safe, efficient mobility through advanced
technologies grants under section 503(c)(4).''.
(c) Division Office Consistency.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that--
(1) analyzes the consistency of determinations among
division offices of the Federal Highway Administration; and
(2) makes recommendations to improve the consistency of
such determinations.
SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET DESIGN.
(a) Standards.--Section 109 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``planned future
traffic of the highway in a manner that is conducive
to'' and inserting ``future operational performance of
the facility in a manner that enhances''; and
(B) in paragraph (2) by inserting ``, taking into
consideration context sensitive design principles''
after ``each locality'';
(2) in subsection (b)--
(A) by striking ``The geometric'' and inserting
``Design Criteria for the Interstate System.--The
geometric''; and
(B) by striking ``the types and volumes of traffic
anticipated for such project for the twenty-year period
commencing on the date of approval by the Secretary,
under section 106 of this title, of the plans,
specifications, and estimates for actual construction
of such project'' and inserting ``the existing and
future operational performance of the facility'';
(3) in subsection (c)(1)--
(A) in subparagraph (C) by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(E) context sensitive design principles.'';
(4) by striking subsection (o) and inserting the following:
``(o) Compliance With State Laws for Non-NHS Projects.--
``(1) In general.--Projects (other than highway projects on
the National Highway System) shall--
``(A) be designed, constructed, operated, and
maintained in accordance with State laws, regulations,
directives, safety standards, design standards, and
construction standards; and
``(B) take into consideration context sensitive
design principles.
``(2) Design flexibility.--
``(A) In general.--A local jurisdiction may deviate
from the roadway design publication used by the State
in which the local jurisdiction is located for the
design of a project on a roadway (other than a highway
on the National Highway System) if--
``(i) the deviation is approved by the
Secretary; and
``(ii) the design complies with all other
applicable Federal laws.
``(B) State-owned roads.--In the case of a roadway
under the ownership of the State, the local
jurisdiction may only deviate from the roadway design
publication used by the State with the concurrence of
the State.
``(C) Programmatic basis.--The Secretary may
approve a deviation under this paragraph on a project,
multiple project, or programmatic basis.''; and
(5) by adding at the end the following:
``(s) Context Sensitive Design.--
``(1) Context sensitive design standards.--The Secretary
shall collaborate with American Association of State Highway
Transportation Officials to ensure that any roadway design
publications approved by the Secretary under this section
provides adequate flexibility for a project sponsor to select
the appropriate design of a roadway, consistent with context
sensitive design principles.
``(2) Policies or procedures.--
``(A) In general.--Not later than 1 year after the
Secretary publishes the final guidance described in
paragraph (3), each State shall adopt policies or
procedures to evaluate the context of a proposed
roadway and select the appropriate design, consistent
with context sensitive design principles.
``(B) Local governments.--The Secretary and States
shall encourage local governments to adopt policies or
procedures described under subparagraph (A).
``(C) Considerations.--The policies or procedures
developed under this paragraph shall take into
consideration the guidance developed by the Secretary
under paragraph (3).
``(3) Guidance.--
``(A) In general.--
``(i) Notice.--Not later than 1 year after
the date of enactment of this subsection, the
Secretary shall publish guidance on the
official website of the Department of
Transportation on context sensitive design.
``(ii) Public review and comment.--The
guidance described in this paragraph shall be
finalized following an opportunity for public
review and comment.
``(iii) Update.--The Secretary shall
periodically update the guidance described in
this paragraph, including the model policies or
procedures described under subparagraph (B)(v).
``(B) Requirements.--The guidance described in this
paragraph shall--
``(i) provide best practices for States,
metropolitan planning organizations, regional
transportation planning organizations, local
governments or other project sponsors to carry
out context sensitive design principles;
``(ii) identify opportunities to modify
planning, scoping, design, and development
procedures to more effectively combine modes of
transportation into integrated facilities that
meet the needs of each of such modes of
transportation in an appropriate balance;
``(iii) identify metrics to assess the
context of the facility, including surrounding
land use or roadside characteristics;
``(iv) assess the expected operational and
safety performance of alternative approaches to
facility design; and
``(v) taking into consideration the
findings of this guidance, establish model
policies or procedures for a State or other
project sponsor to evaluate the context of a
proposed facility and select the appropriate
facility design for the context.
``(C) Topics of emphasis.--In publishing the
guidance described in this paragraph, the Secretary
shall emphasize--
``(i) procedures for identifying the needs
of users of all ages and abilities of a
particular roadway;
``(ii) procedures for identifying the types
and designs of facilities needed to serve each
class of users;
``(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 clause (i) 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;'';
(2) by redesignating clause (vi) as clause (vii);
(3) in clause (v) by striking ``or'' at the end; and
(4) by inserting after clause (v) the following:
``(vi) innovative pavement materials that
demonstrate reductions in greenhouse gas
emissions through sequestration or innovative
manufacturing processes; or''.
(b) Technical Amendment.--Section 107(a)(2) of title 23, United
States Code, is amended by striking ``subsection (c) of''.
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
Section 126(b) of title 23, United States Code, is amended--
(1) in the heading by inserting ``and Programs'' after
``Set-asides'';
(2) in paragraph (1) by striking ``and 133(d)(1)(A)'' and
inserting ``, 130, 133(d)(1)(A), and 133(h)''; 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 subsection (a), 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 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--
``(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
``(iv) 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 as described in this
paragraph, 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 provisions
of this paragraph 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 this subsection, 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 this section, 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 variable 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
morning or evening weekday peak hour
periods (or both).
``(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; and
``(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) 45 miles per hour,
in the case of a toll facility
with a speed limit of 50 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 facility
or corridor or cordon into compliance
with this subparagraph, the public
authority shall submit annual updates
that describe--
``(aa) the actions taken to
bring the facility into
compliance;
``(bb) the actions taken to
bring the corridor or cordon
into compliance; and
``(cc) the progress made by
those actions.
``(IV) Compliance.--If a public
authority fails to bring a facility
into compliance under this
subparagraph, the Secretary may subject
the public authority to appropriate
program sanctions under section 1.36 of
title 23, Code of Federal Regulations
(or successor regulations), until the
performance is no longer degraded.
``(vi) Consultation of mpo.--If a toll
facility authorized under this subparagraph is
located on the National Highway System and in a
metropolitan planning area established in
accordance with section 134, the public
authority shall consult with the metropolitan
planning organization for the area.
``(vii) Inclusion.--For the purposes of
this paragraph, the corridor or cordon shall
include toll-free facilities that are adjacent
to the toll facility.'';
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (iv) by striking
``and'' at the end; and
(II) by striking clause (v) and
inserting the following:
``(v) any project eligible under this title
or chapter 53 of title 49 that improves the
operation of the corridor or cordon by
increasing person or freight throughput and
reducing person hours of delay;
``(vi) toll discounts or rebates for users
of the toll facility that have no reasonable
alternative transportation method to the toll
facility; and
``(vii) if the public authority certifies
annually that the tolled facility is being
adequately maintained and the cordon or
corridor is not degraded under paragraph
(1)(E), any revenues remaining after funding
the activities described in clauses (i) through
(vi) shall be considered surplus revenue and
may be used for any other purpose for which
Federal funds may be obligated by a State under
this title or chapter 53 of title 49.'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Transparency.--
``(i) Annual audit.--
``(I) In general.--A public
authority with jurisdiction over a toll
facility shall conduct or have an
independent auditor conduct an annual
audit of toll facility records to
verify adequate maintenance and
compliance with subparagraph (A), and
report the results of the audits to the
Secretary.
``(II) Records.--On reasonable
notice, the public authority shall make
all records of the public authority
pertaining to the toll facility
available for audit by the Secretary.
``(ii) Surplus revenues.--A State 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''; and
(D) by striking paragraph (10) and inserting the
following:
``(10) Interoperability of electronic toll collection.--All
toll facilities on Federal-aid highways shall provide for the
regional interoperability of electronic toll collection,
including through technologies or business practices.
``(11) Noncompliance.--If the Secretary concludes that a
public authority has not complied with the requirements of this
subsection, the Secretary may require the public authority to
discontinue collecting tolls until the public authority and the
Secretary enter into an agreement for the public authority to
achieve compliance with such requirements.
``(12) Definitions.--In this subsection, the following
definitions apply:
``(A) Federal participation.--The term `Federal
participation' means the use of funds made available
under this title.
``(B) High occupancy vehicle; hov.--The term `high
occupancy vehicle' or `HOV' means a vehicle with not
fewer than 2 occupants.
``(C) Initial construction.--
``(i) In general.--The term `initial
construction' means the construction of a
highway, bridge, tunnel, or other facility at
any time before it is open to traffic.
``(ii) Exclusions.--The term `initial
construction' does not include any improvement
to a highway, bridge, tunnel, or other facility
after it is open to traffic.
``(D) Over-the-road bus.--The term `over-the-road
bus' has the meaning given the term in section 301 of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12181).
``(E) Public authority.--The term `public
authority' means a State, interstate compact of States,
or public entity designated by a State.
``(F) Public transportation vehicle.--The term
`public transportation vehicle' has the meaning given
that term in section 166.
``(G) Toll facility.--The term `toll facility'
means a toll highway, bridge, or tunnel or approach to
the highway, bridge, or tunnel constructed or
authorized to be tolled under this subsection.''.
(b) Repeal of Interstate System Reconstruction and Rehabilitation
Pilot Program.--Section 1216 of the Transportation Equity Act for the
21st Century (23 U.S.C. 129 note), and the item related to such section
in the table of contents in section 1(b) of such Act, are repealed.
(c) Value Pricing Pilot Program.--Section 1012(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is
amended by adding at the end the following:
``(9) Sunset.--The Secretary may not consider an expression
of interest submitted under this section after the date of
enactment of this paragraph.''.
(d) Savings Clause.--
(1) Application of limitations.--Any toll facility
described in paragraph (2) shall be subject to the requirements
of section 129(a)(3) of title 23, United States Code, as in
effect on the day before the date of enactment of this Act.
(2) Toll facilities.--A toll facility described in this
paragraph is a facility that, on the day prior to the date of
enactment of this Act was--
(A) operating;
(B) in the planning and design phase; or
(C) in the construction phase.
SEC. 1111. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)(C)(iii) by striking
``transportation buses'' and inserting ``transportation
vehicles''; and
(B) in paragraph (5) by striking subparagraph (B)
and redesignating subparagraph (C) as subparagraph (B);
(2) 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
(3) 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''; and
(C) by striking ``the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or'';
(2) in subsection (b) by inserting ``Determination.--''
before ``The provisions'';
(3) in subsection (c) by striking ``For purposes'' and
inserting ``Calculation--For purposes'';
(4) in subsection (d)--
(A) by striking ``The Secretary of Transportation''
and inserting ``Requirements--The Secretary''; and
(B) by striking ``the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or''; and
(5) by adding at the end the following:
``(h) Waiver Procedure.--
``(1) In general.--Not later than 120 days after the
submission of a request for a waiver, the Secretary shall make
a determination under paragraph (1) or (2) of subsection (b) as
to whether subsection (a) shall apply.
``(2) Public notification and comment.--
``(A) In general.--Not later than 30 days before
making a determination regarding a waiver described in
paragraph (1), the Secretary shall provide notification
and an opportunity for public comment on the request
for such waiver.
``(B) Notification requirements.--The notification
required under subparagraph (A) shall--
``(i) describe whether the application is
being made for a determination described in
subsection (b)(1); and
``(ii) be provided to the public by
electronic means, including on the public
website of the Department of Transportation.
``(3) Determination.--Before a determination described in
paragraph (1) takes effect, the Secretary shall publish a
detailed justification for such determination that addresses
all public comments received under paragraph (2)--
``(A) on the public website of the Department of
Transportation; and
``(B) if the Secretary issues a waiver with respect
to such determination, in the Federal Register.
``(i) Review of Nationwide Waivers.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and at least every 5 years
thereafter, the Secretary shall review any standing nationwide
waiver issued by the Secretary under this section to ensure
such waiver remains justified.
``(2) Public notification and opportunity for comment.--
``(A) In general.--Not later than 30 days before
the completion of a review under paragraph (1), the
Secretary shall provide notification and an opportunity
for public comment on such review.
``(B) Means of notification.--Notification provided
under this subparagraph shall be provided by electronic
means, including on the public website of the
Department of Transportation.
``(3) Detailed justification in federal register.--After
the completion of a review under paragraph (1), the Secretary
shall publish in the Federal Register a detailed justification
for the determination made under paragraph (1) that addresses
all public comments received under paragraph (2).
``(j) Report.--Not later than 120 days after the last day of each
fiscal year, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Appropriations of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
Committee on Appropriations of the Senate a report on the waivers
provided under subsection (h) during the previous fiscal year and the
justifications for such waivers.''.
(b) Conforming Amendments.--
(1) Consolidated appropriations act, 2010.--Section 123 of
title I of division A of the Consolidated Appropriations Act,
2010 (23 U.S.C. 313 note; Public Law 111-117) is repealed.
(2) Consolidated appropriations act, 2019.--Section 122 of
title I of division H of the Consolidated Appropriations Act,
2019 (23 U.S.C. 313 note; Public Law 116-94) is repealed.
(3) 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.
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 Federal-aid highways and bridges on the National Highway
System, consistent with the asset management plans of States;
``(2) to support progress toward the achievement of
performance targets of States established under section 150;
``(3) to increase the resilience of Federal-aid highways
and bridges; and
``(4) to provide support for the construction of new
facilities on the National Highway System, consistent with
subsection (d)(3).'';
(2) in subsection (d)--
(A) in paragraph (1)(A) by striking ``or freight
movement on the National Highway System'' and inserting
``freight movement, environmental sustainability,
transportation system access, or combating climate
change'';
(B) in paragraph (1)(B) by striking ``and'' at the
end;
(C) in paragraph (2)--
(i) in subparagraph (G)--
(I) in clause (i) by inserting
``and'' at the end;
(II) in clause (ii) by striking ``;
and'' and inserting a period; and
(III) by striking clause (iii);
(ii) in subparagraph (I) by inserting ``,
including the installation of safety barriers
and nets on bridges on the National Highway
System'' after ``National Highway System''; and
(iii) by adding at the end the following:
``(Q) Projects on or off the National Highway
System to reduce greenhouse gas emissions that are
eligible under section 171, including the installation
of electric vehicle charging infrastructure.
``(R) Projects on or off the National Highway
System to enhance resilience of a transportation
facility, including protective features.
``(S) Projects and strategies to reduce vehicle-
caused wildlife mortality related to, or to restore and
maintain connectivity among terrestrial or aquatic
habitats affected by, a transportation facility
otherwise eligible for assistance under this section.
``(T) Projects on or off the National Highway
System to improve an evacuation route eligible under
section 124(b)(1)(C); and''; 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 on the National Highway System;
and
``(B) demonstrates that the project--
``(i) supports the achievement of
performance targets of the State established
under section 150; and
``(ii) is more cost effective, as
determined by benefit-cost analysis, than--
``(I) an operational improvement to
the facility or corridor;
``(II) the construction of a
transit project eligible for assistance
under chapter 53 of title 49; or
``(III) the construction of a non-
single occupancy passenger vehicle
project that improves freight
movement.''; and
(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''.
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION ASSETS.
(a) Predisaster Mitigation Program.--
(1) In general.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 123 the following:
``Sec. 124. Predisaster mitigation program
``(a) Establishment.--The Secretary shall establish and implement a
predisaster mitigation program to enhance the resilience of the
transportation system of the United States, mitigate the impacts of
covered events, and ensure the efficient use of Federal resources.
``(b) Eligible Activities.--
``(1) In general.--Subject to paragraph (2), funds
apportioned to the State under section 104(b)(8) may be
obligated for construction activities, including construction
of natural infrastructure or protective features, to--
``(A) increase the resilience of a surface
transportation infrastructure asset to withstand a
covered event;
``(B) relocate or provide a reasonable alternative
to a repeatedly damaged facility; and
``(C) for an evacuation route identified in the
vulnerability assessment required under section
134(i)(2)(I)(iii) or section 135(f)(10)(C)--
``(i) improve the capacity or operation of
such evacuation route through--
``(I) communications and
intelligent transportation system
equipment and infrastructure;
``(II) counterflow measures; and
``(III) shoulders; and
``(ii) relocate such evacuation route or
provide a reasonable alternative to such
evacuation route to address the risk of a
covered event.
``(2) Infrastructure resilience and adaptation.--No funds
shall be obligated to a project under this section unless the
project meets each of the following criteria:
``(A) The project is designed to ensure resilience
over the anticipated service life of the surface
transportation infrastructure asset.
``(B) The project is identified in the metropolitan
or statewide transportation improvement program as a
project to address resilience vulnerabilities,
consistent with section 134(j)(3)(E) or
135(g)(5)(B)(iii).
``(C) For a project in a flood plain, the project
sponsor considers hydrologic and hydraulic data and
methods that integrate current and projected changes in
flooding based on climate science and future land use
changes over the anticipated service life of the
surface transportation infrastructure asset.
``(3) Prioritization of projects.--A State shall develop a
process to prioritize projects under this section based on the
degree to which the proposed project would--
``(A) be cost effective;
``(B) reduce the risk of disruption to a surface
transportation infrastructure asset considered critical
to support population centers, freight movement,
economic activity, evacuation, recovery, or national
security functions; and
``(C) ease disruptions to vulnerable, at-risk, or
transit-dependant populations.
``(c) Guidance.--The Secretary shall provide guidance to States to
assist with the implementation of paragraphs (2) and (3) of subsection
(b).
``(d) Definitions.--In this section:
``(1) Covered event.--The term `covered event' means a
climate change effect (including sea level rise), an extreme
event, seismic activity, or any other natural disaster
(including a wildfire).
``(2) Surface transportation infrastructure asset.--The
term `surface transportation infrastructure asset' means a
facility eligible for assistance under this title or chapter 53
of title 49.''.
(2) Conforming amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by inserting after the
item relating to section 123 the following:
``124. Predisaster mitigation program.''.
(b) Metropolitan Transportation Planning.--
(1) Amendments to title 23.--
(A) Climate change and resilience.--Section
134(i)(2) of title 23, United States Code, is amended
by adding at the end the following:
``(I) Climate change and resilience.--
``(i) In general.--The transportation
planning process shall assess strategies to
reduce the climate change impacts of the
surface transportation system and conduct a
vulnerability assessment to identify
opportunities to enhance the resilience of the
surface transportation system and ensure the
efficient use of Federal resources.
``(ii) Climate change mitigation and
impacts.--A long-range transportation plan
shall--
``(I) identify investments and
strategies to reduce transportation-
related sources of greenhouse gas
emissions per capita;
``(II) identify investments and
strategies to manage transportation
demand and increase the rates of public
transportation ridership, walking,
bicycling, and carpools; and
``(III) recommend zoning and other
land use policies that would support
infill, transit-oriented development,
and mixed use development.
``(iii) Vulnerability assessment.--A long-
range transportation plan shall incorporate a
vulnerability assessment that--
``(I) includes a risk-based
assessment of vulnerabilities of
critical transportation assets and
systems to covered events (as such term
is defined in section 124);
``(II) considers, as applicable,
the risk management analysis in the
State's asset management plan developed
pursuant to section 119, and the
State's evaluation of reasonable
alternatives to repeatedly damaged
facilities;
``(III) identifies evacuation
routes, assesses the ability of any
such routes to provide safe passage for
evacuation and emergency response
during an emergency event, and
identifies any improvements or
redundant facilities necessary to
adequately facilitate safe passage;
``(IV) describes the metropolitan
planning organization's adaptation and
resilience improvement strategies that
will inform the transportation
investment decisions of the
metropolitan planning organization; and
``(V) is consistent with and
complementary of the State and local
mitigation plans required under section
322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5165).
``(iv) Consultation.--The assessment
described in this subparagraph shall be
developed in consultation with, as appropriate,
State, local, and Tribal officials responsible
for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 134(j)(3) of
title 23, United States Code, is amended by adding at
the end the following:
``(E) Resilience projects.--The TIP shall--
``(i) identify projects that address the
vulnerabilities identified by the assessment in
subsection (i)(2)(I)(iii); and
``(ii) describe how each project identified
under clause (i) would improve the resilience
of the transportation system.''.
(2) Amendments to title 49.--
(A) Climate change and resilience.--Section
5303(i)(2) of title 49, United States Code, is amended
by adding at the end the following:
``(I) Climate change and resilience.--
``(i) In general.--The transportation
planning process shall assess strategies to
reduce the climate change impacts of the
surface transportation system and conduct a
vulnerability assessment to identify
opportunities to enhance the resilience of the
surface transportation system and ensure the
efficient use of Federal resources.
``(ii) Climate change mitigation and
impacts.--A long-range transportation plan
shall--
``(I) identify investments and
strategies to reduce transportation-
related sources of greenhouse gas
emissions per capita;
``(II) identify investments and
strategies to manage transportation
demand and increase the rates of public
transportation ridership, walking,
bicycling, and carpools; and
``(III) recommend zoning and other
land use policies that would support
infill, transit-oriented development,
and mixed use development.
``(iii) Vulnerability assessment.--A long-
range transportation plan shall incorporate a
vulnerability assessment that--
``(I) includes a risk-based
assessment of vulnerabilities of
critical transportation assets and
systems to covered events (as such term
is defined in section 124 of title 23);
``(II) considers, as applicable,
the risk management analysis in the
State's asset management plan developed
pursuant to section 119 of title 23,
and the State's evaluation of
reasonable alternatives to repeatedly
damaged facilities;
``(III) identifies evacuation
routes, assesses the ability of any
such routes to provide safe passage for
evacuation and emergency response
during an emergency event, and
identifies any improvements or
redundant facilities necessary to
adequately facilitate safe passage;
``(IV) describes the metropolitan
planning organization's adaptation and
resilience improvement strategies that
will inform the transportation
investment decisions of the
metropolitan planning organization; and
``(V) is consistent with and
complementary of the State and local
mitigation plans required under section
322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5165).
``(iv) Consultation.--The assessment
described in this subparagraph shall be
developed in consultation, as appropriate, with
State, local, and Tribal officials responsible
for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 5303(j)(3) of
title 49, United States Code, is amended by adding at
the end the following:
``(E) Resilience projects.--The TIP shall--
``(i) identify projects that address the
vulnerabilities identified by the assessment in
subsection (i)(2)(I)(iii); and
``(ii) describe how each project identified
under clause (i) would improve the resilience
of the transportation system.''.
(c) Statewide and Nonmetropolitan Planning.--
(1) Amendments to title 23.--
(A) Climate change and resilience.--Section 135(f)
of title 23, United States Code, is amended by adding
at the end the following:
``(10) Climate change and resilience.--
``(A) In general.--The transportation planning
process shall assess strategies to reduce the climate
change impacts of the surface transportation system and
conduct a vulnerability assessment to identify
opportunities to enhance the resilience of the surface
transportation system and ensure the efficient use of
Federal resources.
``(B) Climate change mitigation and impacts.--A
long-range transportation plan shall--
``(i) identify investments and strategies
to reduce transportation-related sources of
greenhouse gas emissions per capita;
``(ii) identify investments and strategies
to manage transportation demand and increase
the rates of public transportation ridership,
walking, bicycling, and carpools; and
``(iii) recommend zoning and other land use
policies that would support infill, transit-
oriented development, and mixed use
development.
``(C) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(i) includes a risk-based assessment of
vulnerabilities of critical transportation
assets and systems to covered events (as such
term is defined in section 124);
``(ii) considers, as applicable, the risk
management analysis in the State's asset
management plan developed pursuant to section
119, and the State's evaluation of reasonable
alternatives to repeatedly damaged facilities;
``(iii) identifies evacuation routes,
assesses the ability of any such routes to
provide safe passage for evacuation and
emergency response during an emergency event,
and identifies any improvements or redundant
facilities necessary to adequately facilitate
safe passage;
``(iv) describes the metropolitan planning
organization's adaptation and resilience
improvement strategies that will inform the
transportation investment decisions of the
metropolitan planning organization; and
``(v) is consistent with and complementary
of the State and local mitigation plans
required under section 322 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(D) Consultation.--The assessment described in
this subparagraph shall be developed in consultation
with, as appropriate, State, local, and Tribal
officials responsible for land use, housing,
resilience, hazard mitigation, and emergency
management.''.
(B) Resilience projects.--Section 135(g)(5)(B) of
title 23, United States Code, is amended by adding at
the end the following:
``(iii) Resilience projects.--The STIP
shall--
``(I) identify projects that
address the vulnerabilities identified
by the assessment in subsection
(i)(10)(B); and
``(II) describe how each project
identified under subclause (I) would
improve the resilience of the
transportation system.''.
(2) Amendments to title 49.--
(A) Climate change and resilience.--Section 5304(f)
of title 49, United States Code, is amended by adding
at the end the following:
``(10) Climate change and resilience.--
``(A) In general.--The transportation planning
process shall assess strategies to reduce the climate
change impacts of the surface transportation system and
conduct a vulnerability assessment to identify
opportunities to enhance the resilience of the surface
transportation system and ensure the efficient use of
Federal resources.
``(B) Climate change mitigation and impacts.--A
long-range transportation plan shall--
``(i) identify investments and strategies
to reduce transportation-related sources of
greenhouse gas emissions per capita;
``(ii) identify investments and strategies
to manage transportation demand and increase
the rates of public transportation ridership,
walking, bicycling, and carpools; and
``(iii) recommend zoning and other land use
policies that would support infill, transit-
oriented development, and mixed use
development.
``(C) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(i) includes a risk-based assessment of
vulnerabilities of critical transportation
assets and systems to covered events (as such
term is defined in section 124 of title 23);
``(ii) considers, as applicable, the risk
management analysis in the State's asset
management plan developed pursuant to section
119 of title 23, and the State's evaluation of
reasonable alternatives to repeatedly damaged
facilities;
``(iii) identifies evacuation routes,
assesses the ability of any such routes to
provide safe passage for evacuation and
emergency response during an emergency event,
and identifies any improvements or redundant
facilities necessary to adequately facilitate
safe passage;
``(iv) describes the metropolitan planning
organization's adaptation and resilience
improvement strategies that will inform the
transportation investment decisions of the
metropolitan planning organization; and
``(v) is consistent with and complementary
of the State and local mitigation plans
required under section 322 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(D) Consultation.--The assessment described in
this subparagraph shall be developed in consultation
with, as appropriate, State, local, and Tribal
officials responsible for land use, housing,
resilience, hazard mitigation, and emergency
management.''.
(B) Resilience projects.--Section 5304(g)(5)(B) of
title 49, United States Code, is amended by adding at
the end the following:
``(iii) Resilience projects.--The STIP
shall--
``(I) identify projects that
address the vulnerabilities identified
by the assessment in subsection
(i)(10)(B); and
``(II) describe how each project
identified under subclause (I) would
improve the resilience of the
transportation system.''.
SEC. 1203. EMERGENCY RELIEF.
(a) In General.--Section 125 of title 23, United States Code, is
amended--
(1) in subsection (a)(1) by inserting ``wildfire,'' after
``severe storm,'';
(2) by striking subsection (b);
(3) in subsection (c)(2)(A) by striking ``in any 1 fiscal
year commencing after September 30, 1980,'' and inserting ``in
any fiscal year'';
(4) in subsection (d)--
(A) in paragraph (3)(C) by striking ``subsection
(e)(1)'' and inserting ``subsection (g)'';
(B) by redesignating paragraphs (3), (4), and (5)
as paragraphs (4), (5), and (6), respectively; 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 6 years after the natural
disaster or catastrophic failure.
``(B) Cost limitation.--The total cost of a project
funded under this section may not exceed the cost of
repair or reconstruction of a comparable facility
unless the Secretary determines that the project
incorporates economically justified betterments,
including protective features to increase the
resilience of the facility.
``(3) Special rule for bridge projects.--In no case shall
funds be used under this section for the repair or
reconstruction of a bridge--
``(A) that has been permanently closed to all
vehicular traffic by the State or responsible local
official because of imminent danger of collapse due to
a structural deficiency or physical deterioration; or
``(B) if a construction phase of a replacement
structure is included in the approved statewide
transportation improvement program at the time of an
event described in subsection (a).'';
(5) in subsection (e)--
(A) by striking paragraph (1);
(B) in paragraph (2) by striking ``subsection
(d)(1)'' and inserting ``subsection (c)(1)''; and
(C) by redesignating paragraphs (2) and (3), as
amended, as paragraphs (1) and (2), respectively;
(6) by redesignating subsections (c) through (g), as
amended, as subsections (b) through (f), respectively; and
(7) by adding at the end the following:
``(g) Definitions.--In this section:
``(1) Comparable facility.--The term `comparable facility'
means a facility that meets the current geometric and
construction standards required for the types and volume of
traffic that the facility will carry over its design life.
``(2) Construction phase.--The term `construction phase'
means the phase of physical construction of a highway or bridge
facility that is separate from any other identified phases,
such as planning, design, or right-of-way phases, in the State
transportation improvement program.
``(3) Open to public travel.--The term `open to public
travel' means with respect to a road, that, except during
scheduled periods, extreme weather conditions, or emergencies,
the road--
``(A) is maintained;
``(B) is open to the general public; and
``(C) can accommodate travel by a standard
passenger vehicle, without restrictive gates or
prohibitive signs or regulations, other than for
general traffic control or restrictions based on size,
weight, or class of registration.
``(4) Standard passenger vehicle.--The term `standard
passenger vehicle' means a vehicle with 6 inches of clearance
from the lowest point of the frame, body, suspension, or
differential to the ground.''.
(b) Conforming Amendments.--
(1) Federal lands and tribal transportation programs.--
Section 201(c)(8)(A) of title 23, United States Code, is
amended by striking ``section 125(e)'' and inserting ``section
125(g)''.
(2) Tribal transportation program.--Section 202(b)(6)(A) of
title 23, United States Code, is amended by striking ``section
125(e)'' and inserting ``section 125(d)''.
SEC. 1204. RAILWAY CROSSINGS.
(a) In General.--Section 130 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``Railway-highway
crossings'' and inserting ``Railway crossings'';
(2) in subsection (a)--
(A) by striking ``Subject to section 120 and
subsection (b) of this section, the entire'' and
inserting ``In General.--The'';
(B) by striking ``then the entire'' and inserting
``the''; and
(C) by striking ``, subject to section 120 and
subsection (b) of this section,'';
(3) by amending subsection (b) to read as follows:
``(b) Classification.--
``(1) In general.--The construction of projects for the
elimination of hazards at railway crossings represents a
benefit to the railroad. The Secretary shall classify the
various types of projects involved in the elimination of
hazards of railway-highway crossings, and shall set for each
such classification a percentage of the total project cost that
represent the benefit to the railroad or railroads for the
purpose of determining the railroad's share of the total
project cost. The Secretary shall determine the appropriate
classification of each project.
``(2) Noncash contributions.--
``(A) In general.--Not more than 5 percent of the
cost share described in paragraph (1) may be
attributable to noncash contributions of materials and
labor furnished by the railroad in connection with the
construction of such project.
``(B) Requirement.--The requirements under section
200.306 and 200.403(g) of title 2, Code of Federal
Regulations (or successor regulations), shall apply to
any noncash contributions under this subsection.
``(3) Total project cost.--For the purposes of this
subsection, the determination of the railroad's share of the
total project cost shall include environment, design, right-of-
way, utility accommodation, and construction phases of the
project.'';
(4) in subsection (c)--
(A) by striking ``Any railroad involved'' and
inserting ``Benefit.--Any railroad involved'';
(B) by striking ``the net benefit'' and inserting
``the cost associated with the benefit''; and
(C) by striking ``Such payment may consist in whole
or in part of materials and labor furnished by the
railroad in connection with the construction of such
project.'';
(5) by striking subsection (e) and inserting the following:
``(e) Railway Crossings.--
``(1) Eligible activities.--Funds apportioned to a State
under section 104(b)(7) may be obligated for the following:
``(A) The elimination of hazards at railway-highway
crossings, including technology or protective upgrades.
``(B) Construction (including installation and
replacement) of protective devices at railway-highway
crossings.
``(C) Infrastructure and noninfrastructure projects
and strategies to prevent or reduce suicide or
trespasser fatalities and injuries along railroad
rights-of-way and at or near railway-highway crossings.
``(D) Projects to mitigate any degradation in the
level of access from a highway-grade crossing closure.
``(E) Bicycle and pedestrian railway grade crossing
improvements, including underpasses and overpasses.
``(F) Projects eligible under section 22907(c)(5)
of title 49, provided that amounts obligated under this
subparagraph--
``(i) shall be administered by the
Secretary in accordance with such section as if
such amounts were made available to carry out
such section; and
``(ii) may be used to pay up to 90 percent
of the non-Federal share of the cost of a
project carried out under such section.
``(2) Special rule.--If a State demonstrates to the
satisfaction of the Secretary that the State has met all its
needs for installation of protective devices at railway-highway
crossings, the State may use funds made available by this
section for other highway safety improvement program
purposes.'';
(6) by striking subsection (f) and inserting the following:
``(f) Federal Share.--Notwithstanding section 120, the Federal
share payable on account of any project financed with funds made
available to carry out subsection (e) shall be up to 90 percent of the
cost thereof.'';
(7) by striking subsection (g) and inserting the following:
``(g) Report.--
``(1) State report.--
``(A) In general.--Not later than 2 years after the
date of enactment of the INVEST in America Act, and at
least biennially thereafter, each State shall submit to
the Secretary a report on the progress being made to
implement the railway crossings program authorized by
this section and the effectiveness of such
improvements.
``(B) Contents.--Each State report under
subparagraph (A) shall contain an assessment of the
costs of the various treatments employed and subsequent
accident experience at improved locations.
``(2) Departmental report.--
``(A) In general.--Not later than 180 days after
the deadline for the submission of a report under
paragraph (1)(A), the Secretary shall publish on the
website of the Department of Transportation a report on
the progress being made by the State in implementing
projects to improve railway-highway crossings.
``(B) Contents.--The report under subparagraph (A)
shall include--
``(i) the number of projects undertaken;
``(ii) distribution of such projects by
cost range, road system, nature of treatment,
and subsequent accident experience at improved
locations;
``(iii) an analysis and evaluation of each
State program;
``(iv) the identification of any State
found not to be in compliance with the schedule
of improvements required by subsection (d); and
``(v) recommendations for future
implementation of the railway crossings
program.'';
(8) in subsection (j)--
(A) in the heading by inserting ``and Pedestrian''
after ``Bicycle''; and
(B) by inserting ``and pedestrian'' after
``bicycle''; and
(9) in subsection (l)--
(A) in paragraph (1) by striking ``Not later than''
and all that follows through ``each State'' and
inserting ``Not later than 6 months after a new railway
crossing becomes operational, each State''; and
(B) in paragraph (2) by striking ``On a periodic''
and all that follows through ``every year thereafter''
and inserting ``On or before September 30 of each
year''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by amending the item relating to section
130 to read as follows:
``130. Railway crossings.''.
(c) GAO Study.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that includes an analysis of the effectiveness of
the railway crossing program under section 130 of title 23, United
States Code.
(d) Sense of Congress Relating to Trespasser Deaths Along Railroad
Rights-of-way.--It is the sense of Congress that the Department of
Transportation should, where feasible, coordinate departmental efforts
to prevent or reduce trespasser deaths along railroad rights-of-way and
at or near railway-highway crossings.
SEC. 1205. SURFACE TRANSPORTATION PROGRAM.
(a) In General.--Section 133 of title 23, United States Code, is
amended--
(1) in the heading by striking ``block grant'';
(2) in subsection (a) by striking ``block grant'';
(3) in subsection (b)--
(A) by striking ``block grant'';
(B) in paragraph (4) by striking ``railway-highway
grade crossings'' and inserting ``projects eligible
under section 130 and installation of safety barriers
and nets on bridges'';
(C) in paragraph (6)--
(i) by striking ``Recreational'' and
inserting ``Transportation alternatives
projects eligible under subsection (h),
recreational''; and
(ii) by striking ``1404 of SAFETEA-LU (23
U.S.C. 402 note)'' and inserting ``211''; and
(D) by adding at the end the following:
``(16) Protective features (including natural
infrastructure) to enhance the resiliency 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.'';
(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 ``55 percent'';
(II) in clause (i) by striking ``of
over'' and inserting ``greater than'';
and
(III) by striking clauses (ii) and
(iii) and inserting the following:
``(ii) in urbanized areas of the State with
an urbanized area population greater than
49,999 and less than 200,001;
``(iii) in urban areas of the State with a
population greater than 4,999 and less than
50,000; and
``(iv) in other areas of the State with a
population less than 5,000; and'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Local coordination and consultation.--
``(A) Coordination with metropolitan planning
organizations.--For purposes of paragraph (1)(A)(ii), a
State shall--
``(i) establish a process to coordinate
with all metropolitan planning organizations in
the State that represent an urbanized area
described in such paragraph; and
``(ii) describe how funds described under
paragraph (1)(A)(ii) will be allocated
equitably among such urbanized areas during the
period of fiscal years 2022 through 2025.
``(B) Joint responsibility.--Each State and the
Secretary shall jointly ensure compliance with
subparagraph (A).
``(C) Consultation with regional transportation
planning organizations.--For purposes of clauses (iii)
and (iv) of paragraph (1)(A), before obligating funding
attributed to an area with a population less than
50,000, a State shall consult with the regional
transportation planning organizations that represent
the area, if any.'';
(C) in the heading for paragraph (4) by striking
``over 200,000'' and inserting ``greater than
200,000'';
(D) by striking paragraph (6) and inserting the
following:
``(6) Technical assistance.--
``(A) In general.--The State and all metropolitan
planning organizations in the State that represent an
urbanized area with a population of greater than
200,000 shall jointly establish a program to improve
the ability of applicants to deliver projects under
this subsection in an efficient and expeditious manner
and reduce the period of time between the selection of
the project and the obligation of funds for the project
by providing--
``(i) technical assistance and training to
applicants for projects under this subsection;
and
``(ii) funding for 1 or more full-time
State employee positions to administer this
subsection.
``(B) Eligible funds.--To carry out this
paragraph--
``(i) a State shall set aside an amount
equal to 1 percent of the funds available under
paragraph (1)(A)(i); and
``(ii) at the request of an eligible
metropolitan planning organization, the State
and metropolitan planning organization may
jointly agree to use additional funds available
under paragraph (1)(A)(i).
``(C) Use of funds.--Amounts used under this
paragraph may be expended--
``(i) directly by the State; or
``(ii) through contracts with State
agencies, private entities, or nonprofit
organizations.'';
(6) in subsection (e)(1)--
(A) by striking ``over 200,000'' and inserting
``greater than 200,000''; and
(B) by striking ``2016 through 2020'' and inserting
``2022 through 2025'';
(7) by striking subsection (f) and inserting the following:
``(f) Bridges Not on Federal-Aid Highways.--
``(1) Definition of off-system bridge.--In this subsection,
the term `off-system bridge' means a bridge located on a public
road, other than a bridge on a Federal-aid highway.
``(2) Special rule.--
``(A) Set aside.--Of the amounts apportioned to a
State for each fiscal year under this section other
than the amounts described in subparagraph (C), the
State shall obligate for activities described in
subsection (b)(2) (as in effect on the day before the
date of enactment of the FAST Act) for off-system
bridges an amount that is not less than 20 percent of
the amounts available to such State in fiscal year
2020.
``(B) Reduction of expenditures.--The Secretary,
after consultation with State and local officials, may
reduce the requirement for expenditures for off-system
bridges under subparagraph (A) with respect to the
State if the Secretary determines that the State has
inadequate needs to justify the expenditure.
``(C) Limitations.--The following amounts shall not
be used for the purposes of meeting the requirements of
subparagraph (A):
``(i) Amounts described in section
133(d)(1)(A).
``(ii) Amounts set aside under section
133(h).
``(iii) Amounts described in section
505(a).
``(3) Credit for bridges not on federal-aid highways.--
Notwithstanding any other provision of law, with respect to any
project not on a Federal-aid highway for the replacement of a
bridge or rehabilitation of a bridge that is wholly funded from
State and local sources, is eligible for Federal funds under
this section, is certified by the State to have been carried
out in accordance with all standards applicable to such
projects under this section, and is determined by the Secretary
upon completion to be no longer a deficient bridge--
``(A) any amount expended after the date of
enactment of this subsection from State and local
sources for the project in excess of 20 percent of the
cost of construction of the project may be credited to
the non-Federal share of the cost of other bridge
projects in the State that are eligible for Federal
funds under this section; and
``(B) that crediting shall be conducted in
accordance with procedures established by the
Secretary.''; and
(8) in subsection (g)(1)--
(A) by striking ``subsection (d)(1)(A)(ii) for each
of fiscal years 2016 through 2020'' and inserting
``subsection (d)(1)(A)(iv) for each fiscal year'';
(B) by inserting ``rural'' after ``functionally
classified as''; and
(C) by inserting ``or on critical rural freight
corridors designated under section 167(e)'' after
``minor collectors''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
133 and inserting the following:
``133. Surface transportation program.''.
(c) Conforming Amendments.--
(1) Advance acquisition of real property.--Section 108(c)
of title 23, United States Code, is amended--
(A) in paragraph (2)(A) by striking ``block
grant''; and
(B) in paragraph (3) by striking ``block grant''.
(2) Nondiscrimination.--Section 140(b) of title 23, United
States Code, is amended by striking ``block grant''.
(3) Public transportation.--Section 142(e)(2) of title 23,
United States Code, is amended by striking ``block grant''.
(4) Highway use tax evasion projects.--Section 143(b)(8) of
title 23, United States Code, is amended in the heading by
striking ``block grant''.
(5) Congestion mitigation and air quality improvement
program.--Section 149(d) of title 23, United States Code, is
amended--
(A) in paragraph (1)(B) by striking ``block
grant''; and
(B) in paragraph (2)(A) by striking ``block
grant''.
(6) Territorial and puerto rico highway program.--Section
165 of title 23, United States Code, is amended--
(A) in subsection (b)(2)(A)(ii) by striking ``block
grant''; and
(B) in subsection (c)(6)(A)(i) by striking ``block
grant''.
(7) Magnetic levitation transportation technology
deployment program.--Section 322(h)(3) of title 23, United
States Code, is amended by striking ``block grant''.
(8) Training and education.--Section 504(a)(4) of title 23,
United States Code, is amended by striking ``block grant''.
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.
Section 133(h) of title 23, United States Code, is amended to read
as follows:
``(h) Transportation Alternatives Program Set-Aside.--
``(1) Set aside.--For each fiscal year, of the total funds
apportioned to all States under section 104(b)(2) for a fiscal
year, the Secretary shall set aside an amount such that--
``(A) the Secretary sets aside a total amount under
this subsection for a fiscal year equal to 10 percent
of such total funds; and
``(B) the State's share of the amount set aside
under subparagraph (A) is determined by multiplying the
amount set aside under subparagraph (A) by the ratio
that--
``(i) the amount apportioned to the State
for the transportation enhancement program for
fiscal year 2009 under section 133(d)(2), as in
effect on the day before the date of enactment
of MAP-21; bears to
``(ii) the total amount of funds
apportioned to all States for the
transportation enhancements program for fiscal
year 2009.
``(2) Allocation within a state.--
``(A) In general.--Except as provided in
subparagraph (B), funds set aside for a State under
paragraph (1) shall be obligated within that State in
the manner described in subsection (d), 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
the entities described in clause (i)(I).
``(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, 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 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 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 (x).
``(5) Continuation of certain recreational trails
projects.--
``(A) In general.--For each fiscal year, a State
shall--
``(i) obligate an amount of funds set aside
under this subsection equal to 175 percent of
the amount of the funds apportioned to the
State for fiscal year 2009 under section
104(h)(2), as in effect on the day before the
date of enactment of MAP-21, for projects
relating to recreational trails under section
206;
``(ii) return 1 percent of the funds
described in clause (i) to the Secretary for
the administration of such program; and
``(iii) comply with the provisions of the
administration of the recreational trails
program under section 206, including the use of
apportioned funds described in subsection
(d)(3)(A) of such section.
``(B) State flexibility.--A State may opt out of
the recreational trails program under this paragraph if
the Governor of the State notifies the Secretary not
later than 30 days prior to the date on which an
apportionment is made under section 104 for any fiscal
year.
``(6) Improving accessibility and efficiency.--
``(A) In general.--A State may use an amount equal
to not more than 5 percent of the funds set aside for
the State under this subsection, after allocating funds
in accordance with paragraph (2)(A), to improve the
ability of applicants to access funding for projects
under this subsection in an efficient and expeditious
manner by providing--
``(i) to applicants for projects under this
subsection application assistance, technical
assistance, and assistance in reducing the
period of time between the selection of the
project and the obligation of funds for the
project; and
``(ii) funding for 1 or more full-time
State employee positions to administer this
subsection.
``(B) Use of funds.--Amounts used under
subparagraph (A) may be expended--
``(i) directly by the State; or
``(ii) through contracts with State
agencies, private entities, or nonprofit
entities.
``(7) Federal share.--
``(A) Flexible match.--
``(i) In general.--Notwithstanding section
120--
``(I) the non-Federal share for a
project under this subsection may be
calculated on a project, multiple-
project, or program basis; and
``(II) the Federal share of the
cost of an individual project in this
subsection may be up to 100 percent.
``(ii) Aggregate non-federal share.--The
average annual non-Federal share of the total
cost of all projects for which funds are
obligated under this subsection in a State for
a fiscal year shall be not less than the non-
Federal share authorized for the State under
section 120(b).
``(iii) Requirement.--This subparagraph
shall only apply to a State if such State has
adequate financial controls, as certified by
the Secretary, to account for the average
annual non-Federal share under this
subparagraph.
``(B) Safety projects.--Notwithstanding section
120, funds made available to carry out section 148 may
be credited toward the non-Federal share of the costs
of a project under this subsection if the project--
``(i) is a project described in section
148(e)(1); and
``(ii) is consistent with the State
strategic highway safety plan (as defined in
section 148(a)).
``(8) Flexibility.--
``(A) State authority.--
``(i) In general.--A State may use not more
than 50 percent of the funds set aside under
this subsection that are available for
obligation in any area of the State
(suballocated consistent with the requirements
of subsection (d)(1)(B)) for any purpose
eligible under subsection (b).
``(ii) Restriction.--Funds may be used as
described in clause (i) only if the State
demonstrates to the Secretary that the State--
``(I) held a competition in
compliance with the requirements of
this subsection in such form as the
Secretary determines appropriate;
``(II) offered technical assistance
to all eligible entities and provided
such assistance upon request by an
eligible entity; and
``(III) demonstrates that there
were not sufficient suitable
applications from eligible entities to
use the funds described in clause (i).
``(B) MPO authority.--
``(i) In general.--A metropolitan planning
organization that represents an urbanized area
with a population of greater than 200,000 may
use not more than 50 percent of the funds set
aside under this subsection for an urbanized
area described in subsection (d)(1)(A)(i) for
any purpose eligible under subsection (b).
``(ii) Restriction.--Funds may be used as
described in clause (i) only if the Secretary
certifies that the metropolitan planning
organization--
``(I) held a competition in
compliance with the requirements of
this subsection in such form as the
Secretary determines appropriate; and
``(II) demonstrates that there were
not sufficient suitable applications
from eligible entities to use the funds
described in clause (i).
``(9) Annual reports.--
``(A) In general.--Each State or metropolitan
planning organization responsible for carrying out the
requirements of this subsection shall submit to the
Secretary an annual report that describes--
``(i) the number of project applications
received for each fiscal year, including--
``(I) the aggregate cost of the
projects for which applications are
received; and
``(II) the types of projects to be
carried out, expressed as percentages
of the total apportionment of the State
under this subsection; and
``(ii) the list of each project selected
for funding for each fiscal year, including
specifying the fiscal year for which the
project was selected, the fiscal year in which
the project is anticipated to be funded, the
recipient, the location, the type, and a brief
description.
``(B) Public availability.--The Secretary shall
make available to the public, in a user-friendly format
on the website of the Department of Transportation, a
copy of each annual report submitted under subparagraph
(A).''.
SEC. 1207. BRIDGE INVESTMENT.
(a) In General.--Section 144 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``National bridge
and tunnel inventory and inspection standards'' and inserting
``Bridges and tunnels'';
(2) in subsection (a)(1)(B) by striking ``deficient'';
(3) in subsection (b)(5) by striking ``structurally
deficient bridge'' and inserting ``bridge classified as in poor
condition'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of the MAP-21, each''
and inserting ``Each''; and
(B) by striking paragraph (4);
(5) in subsection (j)--
(A) in paragraph (2) by inserting ``, 124,'' after
``section 119'';
(B) in paragraph (3)(A) by inserting ``, 124,''
after ``section 119''; and
(C) in paragraph (5) by striking ``financial
characteristics'' and all that follows through the end
and inserting ``Federal share.''; and
(6) by adding at the end the following:
``(l) Highway Bridge Replacement and Rehabilitation.--
``(1) Goals.--The goals of this subsection shall be to--
``(A) support the achievement of a state of good
repair for the Nation's bridges;
``(B) improve the safety, efficiency, and
reliability of the movement of people and freight over
bridges; and
``(C) improve the condition of bridges in the
United States by reducing--
``(i) the number of bridges--
``(I) in poor condition; or
``(II) in fair condition and at
risk of falling into poor condition;
``(ii) the total person miles traveled over
bridges--
``(I) in poor condition; or
``(II) in fair condition and at
risk of falling into poor condition;
``(iii) the number of bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network; and
``(iv) the total person miles traveled over
bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network.
``(2) Bridges on public roads.--
``(A) Minimum bridge investment.--Excluding the
amounts described in subparagraph (C), of the total
funds apportioned to a State under paragraphs (1) and
(2) of section 104(b) for fiscal years 2022 to 2025, a
State shall obligate not less than 20 percent for
projects described in subparagraph (E).
``(B) Program flexibility.--A State required to
obligate funds under subparagraph (A) may use any
combination of funds apportioned to a State under
paragraphs (1) and (2) of section 104(b).
``(C) Limitation.--Amounts described below may not
be used for the purposes of calculating or meeting the
minimum bridge investment requirement under
subparagraph (A)--
``(i) amounts described in section
133(d)(1)(A);
``(ii) amounts set aside under section
133(h); and
``(iii) amounts described in section
505(a).
``(D) Rule of construction.--Nothing in this
section shall be construed to prohibit the expenditure
of funds described in subparagraph (C) for bridge
projects eligible under such section.
``(E) Eligible projects.--Funds required to be
obligated in accordance with paragraph (2)(A) may be
obligated for projects or activities that--
``(i) are otherwise eligible under either
section 119 or section 133, as applicable;
``(ii) support the achievement of
performance targets of the State established
under section 150 or provide support for the
condition and performance of bridges on public
roads within the State; and
``(iii) replace, reconstruct, rehabilitate,
preserve, or protect a bridge included on the
national bridge inventory authorized by
subsection (b), including through--
``(I) seismic retrofits;
``(II) systematic preventive
maintenance;
``(III) installation of scour
countermeasures;
``(IV) the use of innovative
materials that extend the service life
of the bridge and reduce preservation
costs, as compared to conventionally
designed and constructed bridges;
``(V) the use of nontraditional
production techniques, including
factory prefabrication;
``(VI) painting for purposes of
bridge protection;
``(VII) application of calcium
magnesium acetate, sodium acetate/
formate, or other environmentally
acceptable, minimally corrosive anti-
icing and deicing compositions;
``(VIII) corrosion control;
``(IX) construction of protective
features (including natural
infrastructure) alone or in combination
with other activities eligible under
this paragraph to enhance resilience of
a bridge;
``(X) bridge security
countermeasures;
``(XI) impact protection measures
for bridges;
``(XII) inspection and evaluation
of bridges; and
``(XIII) training for bridge
inspectors consistent with subsection
(i).
``(F) Bundles of projects.--A State may use a
bundle of projects as described in subsection (j) to
satisfy the requirements of subparagraph (A), if each
project in the bundle is otherwise eligible under
subparagraph (E).
``(G) Flexibility.--The Secretary may, at the
request of a State, reduce the required obligation
under subparagraph (A) if--
``(i) the reduction is consistent with a
State's asset management plan for the National
Highway System;
``(ii) the reduction will not limit a
State's ability to meet its performance targets
under section 150 or to improve the condition
and performance of bridges on public roads
within the State; and
``(iii) the State demonstrates that it has
inadequate needs to justify the expenditure.
``(H) Bridge investment report.--The Secretary
shall annually publish on the website of the Department
of Transportation a bridge investment report that
includes--
``(i) the total Federal funding obligated
for bridge projects in the most recent fiscal
year, on a State-by-State basis and broken out
by Federal program;
``(ii) the total Federal funding obligated,
on a State-by-State basis and broken out by
Federal program, for bridge projects carried
out pursuant to the minimum bridge investment
requirements under subparagraph (A);
``(iii) the progress made by each State
toward meeting the minimum bridge investment
requirement under subparagraph (A) for such
State, both cumulatively and for the most
recent fiscal year;
``(iv) a summary of--
``(I) each request made under
subparagraph (G) by a State for a
reduction in the minimum bridge
investment requirement under
subparagraph (A); and
``(II) for each request described
in subclause (I) that is granted by the
Secretary--
``(aa) the percentage and
dollar amount of the reduction;
and
``(bb) an explanation of
how the State met each of the
criteria described in
subparagraph (G); and
``(v) a summary of--
``(I) each request made by a State
for a reduction in the obligation
requirements under section 133(f); and
``(II) for each request that is
granted by the Secretary--
``(aa) the percentage and
dollar amount of the reduction;
and
``(bb) an explanation of
how the Secretary made the
determination under section
133(f)(2)(B).
``(I) Off-system bridges.--A State may apply
amounts obligated under this subsection or section
133(f)(2)(A) to the obligation requirements of both
this subsection and section 133(f).
``(J) NHS penalty.--A State may apply amounts
obligated under this subsection or section 119(f)(2) to
the obligation requirements of both this subsection and
section 119(f)(2).
``(K) Compliance.--If a State fails to satisfy the
requirements of subparagraph (A) by the end of fiscal
year 2025, the Secretary may subject the State to
appropriate program sanctions under section 1.36 of
title 23, Code of Federal Regulations (or successor
regulations).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
144 and inserting the following:
``144. Bridges and tunnels.''.
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147 of title 23, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively.
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) by striking ``only includes a project''
and inserting ``includes a project'';
(ii) in clause (xiii) by inserting ``,
including the development of a vulnerable road
user safety assessment or a vision zero plan
under section 1601 of the INVEST in America
Act'' after ``safety planning'';
(iii) by amending clause (xviii) to read as
follows:
``(xviii) Safe routes to school
infrastructure-related projects eligible under
section 211.'';
(iv) in clause (xxvi) by inserting ``or
leading pedestrian intervals'' after ``hybrid
beacons''; and
(v) by striking clause (xxviii) and
inserting the following:
``(xxviii) A pedestrian security feature
designed to slow or stop a motor vehicle.
``(xxix) Installation of infrastructure
improvements, including sidewalks, crosswalks,
signage, and bus stop shelters or protected
waiting areas.'';
(B) in paragraph (11)--
(i) in subparagraph (E) by inserting
``Tribal,'' after ``State,'';
(ii) by redesignating subparagraphs (G),
(H), and (I) as subparagraphs (H), (I), and
(J), respectively; and
(iii) 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 accident types, resulting
impact forces, and the human body's ability to
withstand such forces; and
``(C) takes into consideration vulnerable road
users.
``(11) Specified safety project.--
``(A) In general.--The term `specified safety
project' means a project carried out for the purpose of
safety under any other section of this title that is
consistent with the State strategic highway safety
plan.
``(B) Inclusion.--The term `specified safety
project' includes a project that--
``(i) promotes public awareness and informs
the public regarding highway safety matters
(including safety for motorcyclists,
bicyclists, pedestrians, individuals with
disabilities, and other road users);
``(ii) facilitates enforcement of traffic
safety laws;
``(iii) provides infrastructure and
infrastructure-related equipment to support
emergency services;
``(iv) conducts safety-related research to
evaluate experimental safety countermeasures or
equipment; or
``(v) supports safe routes to school
noninfrastructure-related activities described
under section 211(e)(2).''; and
(E) by adding at the end the following:
``(15) Vulnerable road user.--The term `vulnerable road
user' means a nonmotorist--
``(A) with a fatality analysis reporting system
person attribute code that is included in the
definition of the term `number of non-motorized
fatalities' in section 490.205 of title 23, Code of
Federal Regulations (or successor regulation); or
``(B) described in the term `number of non-
motorized serious injuries' in such section.
``(16) Vulnerable road user safety assessment.--The term
`vulnerable road user safety assessment' means an assessment of
the safety performance of the State with respect to vulnerable
road users and the plan of the State to improve the safety of
vulnerable road users described in subsection (l).'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``(a)(11)'' and
inserting ``(a)(13)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi) by inserting
``, consistent with the vulnerable road user
safety assessment'' after ``nonmotorized
crashes'';
(ii) in subparagraph (B)(i)--
(I) by inserting ``, consistent
with a safe system approach,'' after
``identify'';
(II) by inserting ``excessive
design speeds and speed limits,'' after
``crossing needs,''; and
(III) by striking ``motorists
(including motorcyclists), bicyclists,
pedestrians, and other highway users''
and inserting ``road users''; and
(iii) in subparagraph (D)(iii) by striking
``motorists (including motorcyclists),
bicyclists, pedestrians, persons with
disabilities, and other highway users'' and
inserting ``road users'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``Not
later than 1 year after the date of enactment
of the MAP-21, the'' and inserting ``The''; and
(ii) in subparagraph (B)--
(I) in clause (iv) by inserting
``and serious injury'' after
``fatality'';
(II) in clause (vii) by striking
``; and'' and inserting a semicolon;
(III) by redesignating clause
(viii) as clause (ix); and
(IV) by inserting after clause
(vii) the following:
``(viii) the findings of a vulnerable road
user safety assessment of the State; and''; and
(B) in paragraph (2)(B)(i) by striking ``subsection
(a)(11)'' and inserting ``subsection (a)(13)'';
(4) in subsection (e)--
(A) in paragraph (1)(C) by striking ``, without
regard to whether the project is included in an
applicable State strategic highway safety plan''; and
(B) by adding at the end the following:
``(3) Flexible funding for specified safety projects.--
``(A) In general.--To advance the implementation of
a State strategic highway safety plan, a State may use
not more than 10 percent of the amounts apportioned to
the State under section 104(b)(3) for a fiscal year to
carry out specified safety projects.
``(B) Rule of statutory construction.--Nothing in
this paragraph shall be construed to require a State to
revise any State process, plan, or program in effect on
the date of enactment of this paragraph.
``(C) Effect of paragraph.--
``(i) Requirements.--A project funded under
this paragraph shall be subject to all
requirements under this section that apply to a
highway safety improvement project.
``(ii) Other apportioned programs.--
Subparagraph (A) shall not apply to amounts
that may be obligated for noninfrastructure
projects apportioned under any other paragraph
of section 104(b).'';
(5) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(1) High-risk rural road safety.--
``(A) In general.--If a State determines that the
fatality rate on rural roads in such State for the most
recent 2-year period for which data are available
exceeds the median fatality rate for rural roads among
all States, that State shall be required to--
``(i) obligate over the 2 fiscal years
following the fiscal year in which such
determination is made for projects on high-risk
rural roads an amount not less than 7.5 percent
of the amounts apportioned to the State under
section 104(b)(3) for fiscal year 2020; and
``(ii) include, in the subsequent update to
the State strategic highway safety plan,
strategies to reduce the fatality rate.
``(B) Source of funds.--Any amounts obligated under
subparagraph (A) shall be from amounts apportioned
under section 104(b)(2) (from the portion of such funds
that are available for obligation in any area of the
State).
``(C) Consultation.--In carrying out a project with
an amount obligated under subparagraph (A), a State
shall consult with, as applicable, local governments,
metropolitan planning organizations, and regional
transportation planning organizations.'';
(B) in paragraph (2)--
(i) in the heading by striking ``drivers''
and inserting ``road users''; and
(ii) by striking ``address the increases
in'' and inserting ``reduce''; and
(C) by adding at the end the following:
``(3) Vulnerable road user safety.--
``(A) In general.--Beginning 2 years after the date
of enactment of the INVEST in America Act, if a State
determines that the number of vulnerable road user
fatalities and serious injuries per capita in such
State over the most recent 2-year period for which data
are available exceeds the median number of such
fatalities and serious injuries 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 for projects
identified in the program of projects described in
subsection (l)(2)(C).
``(B) Source of funds.--Any amounts obligated under
subparagraph (A) shall be from amounts apportioned
under section 104(b)(2) (from the portion of such funds
that are available for obligation in any area of the
State).'';
(6) in subsection (h)(1)(A) by inserting ``, including any
efforts to reduce vehicle speed'' after ``under this section'';
and
(7) by adding at the end the following:
``(l) Vulnerable Road User Safety Assessment.--
``(1) In general.--Not later than 2 years after date of
enactment of the INVEST in America Act, each State shall create
a vulnerable road user safety assessment.
``(2) Contents.--A vulnerable road user safety assessment
required under paragraph (1) shall include--
``(A) a description of the location within the
State of each vulnerable road user fatality and serious
injury and the design speed of the roadway at any such
location;
``(B) a description of any corridors identified by
a State that pose a high risk of a vulnerable road user
fatality or serious injury and the design speeds of
such corridors; and
``(C) a program of projects or strategies to reduce
safety risks to vulnerable road users in corridors
identified under subparagraph (B).
``(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) consult with local governments, metropolitan
planning organizations, and regional transportation
planning organizations that represent a high-risk area
identified under paragraph (2)(B).
``(5) Update.--A State shall update a vulnerable road user
safety assessment on the same schedule as the State updates the
State strategic highway safety plan.
``(6) Transportation system access.--The program of
projects developed under paragraph (2)(C) may not degrade
transportation system access for vulnerable road users.''.
(b) Technical Amendment.--Section 148 of title 23, United States
Code, is amended--
(1) in the heading for subsection (a)(8) by striking ``Road
users'' and inserting ``Road user''; and
(2) in subsection (i)(2)(D) by striking ``safety safety''
and inserting ``safety''.
(c) High-risk Rural Roads.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
update the study described in paragraph (1) of section 1112(b)
of MAP-21 (23 U.S.C. 148 note).
(2) Publication of report.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall publish
on the website of the Department of Transportation an updated
report of the report described in paragraph (2) of section
1112(b) of MAP-21 (23 U.S.C. 148 note).
(3) Best practices manual.--Not later than 180 days after
the date of submission of the report described in paragraph
(2), the Secretary shall update the best practices manual
described in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note).
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)(ii) by striking
``subsection (h)'' and inserting ``subsection (i)'';
(B) in paragraph (7) by inserting ``shared
micromobility (including bikesharing and shared scooter
systems),'' after ``carsharing,'';
(C) in paragraph (8)(B) by striking ``; or'' and
inserting a semicolon;
(D) in paragraph (9) by striking the period and
inserting ``; or''; and
(E) by adding at the end the following:
``(10) if the project or program mitigates seasonal or
temporary traffic congestion from long-haul travel or
tourism.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in the heading by inserting ``,
hydrogen vehicle,'' after ``Electric vehicle'';
(ii) by inserting ``hydrogen or'' after
``charging stations or''; and
(iii) by inserting ``, hydrogen-powered,''
after ``battery powered''; and
(B) in paragraph (3) by inserting ``, and is
consistent with section 166'' after ``travel times'';
and
(3) by striking subsection (m) and inserting the following:
``(m) Operating Assistance.--
``(1) Projects.--A State may obligate funds apportioned
under section 104(b)(4) in an area of such State that is
otherwise eligible for obligations of such funds for operating
costs under chapter 53 of title 49 or on a system for which
CMAQ funding was made available, obligated, or expended in
fiscal year 2012, or, notwithstanding subsection (b), on a
State-supported Amtrak route with a cost-sharing agreement
under section 209 of the Passenger Rail Investment and
Improvement Act of 2008.
``(2) Time limitation.--Funds obligated under paragraph (1)
shall have--
``(A) a time limitation of not less than 3 years;
and
``(B) in the case of projects that demonstrate
continued net air quality benefits, as determined
annually by the Secretary in consultation with the
Administrator of the Environmental Protection Agency,
no imposed time limitation.''.
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.
(a) Electric Vehicle Charging Stations.--Chapter 1 of title 23,
United States Code, is amended by inserting after section 154 the
following new section:
``Sec. 155. Electric vehicle charging stations
``(a) In General.--Any electric vehicle charging infrastructure
funded under this title shall be subject to the requirements of this
section.
``(b) Interoperability.--
``(1) In general.--Electric vehicle charging stations shall
provide, at a minimum, the following charging connector types:
``(A) CCS.
``(B) CHAdeMO.
``(2) Savings clause.--Nothing in this subsection shall
prevent the use of charging types other than the connectors
described in paragraph (1) if, at a minimum, such connectors
meet applicable industry standards and are compatible with a
majority of electric vehicles in operation.
``(c) Open Access to Payment.--Electric vehicle charging stations
shall provide payment methods available to all members of the public to
ensure secure, convenient, and equal access and shall not be limited by
membership to a particular payment provider.
``(d) Treatment of Projects.--Notwithstanding any other provision
of law, any project to install electric vehicle charging infrastructure
shall be treated as if the project is located on a Federal-aid
highway.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 154 the following new item:
``155. Electric vehicle charging stations.''.
(c) Electric Vehicle Charging Signage.--The Secretary of
Transportation shall update the Manual on Uniform Traffic Control
Devices to--
(1) ensure uniformity in providing road users direction to
electric charging stations that are open to the public; and
(2) allow the use of Specific Service signs for electric
vehicle charging station providers.
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.
Section 167 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (6) by striking ``; and'' and
inserting a semicolon; and
(B) by striking paragraph (7) and inserting the
following:
``(7) to reduce the environmental impacts of freight
movement on the National Highway Freight Network, including--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) minimizing, capturing, or treating stormwater
runoff and addressing other adverse impacts to water
quality; and
``(D) wildlife habitat loss; and
``(8) to decrease any adverse impact of freight
transportation on communities located near freight facilities
or freight corridors.'';
(2) in subsection (e) by adding at the end the following:
``(3) Additional mileage.--Notwithstanding paragraph (2), a
State that has designated at least 90 percent of its maximum
mileage described in paragraph (2) may designate up to an
additional 150 miles of critical rural freight corridors.'';
(3) in subsection (f) by adding at the end the following:
``(5) Additional mileage.--Notwithstanding paragraph (4), a
State that has designated at least 90 percent of its maximum
mileage described in paragraph (4) may designate up to an
additional 75 miles of critical urban freight corridors under
paragraphs (1) and (2).'';
(4) in subsection (h) by striking ``Not later than'' and
all that follows through ``shall prepare'' and inserting ``As
part of the report required under section 503(b)(8), the
Administrator shall biennially prepare'';
(5) in subsection (i)--
(A) by striking paragraphs (2) and (3);
(B) by amending paragraph (4) to read as follows:
``(4) Freight planning.--Notwithstanding any other
provision of law, a State may not obligate funds apportioned to
the State under section 104(b)(5) unless the State has
developed, updated, or amended, as applicable, a freight plan
in accordance with section 70202 of title 49.'';
(C) in paragraph (5)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) Limitation.--The Federal share of a project
described in subparagraph (C)(xxiii) shall fund only
elements of such project that provide public
benefits.''; and
(ii) in subparagraph (C)--
(I) in clause (iii) by inserting
``and freight management and operations
systems'' after ``freight
transportation systems''; and
(II) by amending clause (xxiii) to
read as follows:
``(xxiii) Freight intermodal or freight
rail projects, including--
``(I) projects within the
boundaries of public or private freight
rail or water facilities (including
ports);
``(II) projects that provide
surface transportation infrastructure
necessary to facilitate direct
intermodal interchange, transfer, and
access into or out of the facility; and
``(III) any other surface
transportation project to improve the
flow of freight into or out of a
facility described in subclause (I) or
(II).'';
(D) in paragraph (6) by striking ``paragraph (5)''
and inserting ``paragraph (3)''; and
(E) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (2), (3), (4), and (5), respectively;
and
(6) in subsection (k)(1)(A)(ii) by striking ``ports-of
entry'' and inserting ``ports-of-entry''.
SEC. 1213. CARBON POLLUTION REDUCTION.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Carbon pollution reduction
``(a) Establishment.--The Secretary shall establish a carbon
pollution reduction program to support the reduction of greenhouse gas
emissions from the surface transportation system.
``(b) Eligible Projects.--A project is eligible for funding under
this section if such project--
``(1) is expected to yield a significant reduction in
greenhouse gas emissions from the surface transportation
system;
``(2) will help a State meet the greenhouse gas emissions
performance targets established under section 150(c)(7); and
``(3) is eligible for assistance under this title or under
chapter 53 of title 49; or
``(4) is 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.--With respect to funds provided for an
eligible project under this section, a State may use not more than 10
percent of such funds for operating expenses relating to such project
if such project is for public transportation, passenger rail, or
transportation systems management and operations.
``(e) Single-Occupancy Vehicle Highway Facilities.--None of the
funds provided under this section may be used for a project that will
result in the construction of new capacity available to single occupant
vehicles unless the project consists of a high occupancy vehicle
facility and is consistent with section 166.
``(f) Evaluation.--
``(1) In general.--The Secretary shall annually evaluate
the progress of each State in carrying out the program under
this section by comparing the percent change in carbon dioxide
emissions per capita on public roads in the State calculated
as--
``(A) the annual carbon dioxide emissions per
capita on public roads in the State for the most recent
year for which there is data; divided by
``(B) the average annual carbon dioxide emissions
per capita on public roads in the State in calendar
years 2015 through 2019.
``(2) Measures.--In conducting the evaluation under
paragraph (1), the Secretary shall--
``(A) prior to the effective date of the greenhouse
gas performance measures under section 150(c)(7), use
such data as are available, which may include data on
motor fuels usage published by the Federal Highway
Administration and information on emissions factors or
coefficients published by the Energy Information
Administration of the Department of Energy; and
``(B) following the effective date of the
greenhouse gas performance measures under section
150(c)(7), use such measures.
``(g) Progress Report.--The Secretary shall annually issue a carbon
pollution reduction progress report, to be made publicly available on
the website of the Department of Transportation, that includes--
``(1) the results of the evaluation under subsection (f)
for each State; and
``(2) a ranking of all the States by the criteria under
subsection (f), with the States that, for the year covered by
such report, have the largest percentage reduction in annual
carbon dioxide emissions per capita on public roads being
ranked the highest.
``(h) High-Performing States.--
``(1) Designation.--For purposes of this section, each
State that is 1 of the 15 highest ranked States, as determined
under subsection (g)(2), and that achieves a reduction in
carbon dioxide emissions per capita on public roads, as
determined by the evaluation in subsection (f), shall be
designated as a high-performing State for the following fiscal
year.
``(2) Use of funds.--For each State that is designated as a
high-performing State under paragraph (1)--
``(A) notwithstanding section 120, the State may
use funds made available under this title to pay the
non-Federal share of a project under this section
during any year for which such State is designated as a
high-performing State; and
``(B) notwithstanding section 126, the State may
transfer up to 50 percent of funds apportioned under
section 104(b)(9) to the program under section
104(b)(2) in any year for which such State is
designated as a high-performing State.
``(3) Transfer.--For each State that is 1 of the 15 lowest
ranked States, as determined under subsection (g)(2), the
Secretary shall transfer 10 percent of the amount apportioned
to the State under section 104(b)(2) in the fiscal year
following the year in which the State is so ranked, not
including amounts set aside under section 133(d)(1)(A) and
under section 133(h) or 505(a), to the apportionment of the
State under section 104(b)(9).
``(4) Limitation.--The Secretary shall not conduct a
transfer under paragraph (3)--
``(A) until the first fiscal year following the
effective date of greenhouse gas performance measures
under section 150(c)(7); and
``(B) with respect to a State in any fiscal year
following the year in which such State achieves a
reduction in carbon dioxide emissions per capita on
public roads in such year as determined by the
evaluation under subsection (f).
``(i) Report.--Not later than 2 years after the date of enactment
of this section and periodically thereafter, the Secretary, in
consultation with the Administrator of the Environmental Protection
Agency, shall issue a report--
``(1) detailing, based on the best available science, what
types of projects eligible for assistance under this section
are expected to provide the most significant greenhouse gas
emissions reductions from the surface transportation sector;
and
``(2) detailing, based on the best available science, what
types of projects eligible for assistance under this section
are not expected to provide significant greenhouse gas
emissions reductions from the surface transportation sector.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following new
item:
``171. Carbon pollution reduction.''.
SEC. 1214. RECREATIONAL TRAILS.
Section 206 of title 23, United States Code, is amended by adding
at the end the following:
``(j) Use of Other Apportioned Funds.--Funds apportioned to a State
under section 104(b) that are obligated for recreational trails and
related projects shall be administered as if such funds were made
available for purposes described under this section.''.
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 210 the following:
``Sec. 211. Safe routes to school program
``(a) Program.--The Secretary shall carry out a safe routes to
school program for the benefit of children in primary, middle, and high
schools.
``(b) Purposes.--The purposes of the program shall be--
``(1) to enable and encourage children, including those
with disabilities, to walk and bicycle to school;
``(2) to make bicycling and walking to school a safer and
more appealing transportation alternative, thereby encouraging
a healthy and active lifestyle from an early age; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety and reduce traffic, fuel consumption, and air pollution
in the vicinity of schools.
``(c) Use of Funds.--Amounts apportioned to a State under
paragraphs (2) and (3) of section 104(b) may be used to carry out
projects, programs, and other activities under this section.
``(d) Eligible Entities.--Projects, programs, and activities funded
under this section may be carried out by eligible entities described
under section 133(h)(4)(B) that demonstrate an ability to meet the
requirements of this section.
``(e) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--A State may obligate funds under
this section for the planning, design, and construction
of infrastructure-related projects that will
substantially improve the ability of students to walk
and bicycle to school, including sidewalk improvements,
traffic calming and speed reduction improvements,
pedestrian and bicycle crossing improvements, on-street
bicycle facilities, off-street bicycle and pedestrian
facilities, secure bicycle parking facilities, and
traffic diversion improvements in the vicinity of
schools.
``(B) Location of projects.--Infrastructure-related
projects under subparagraph (A) may be carried out on
any public road or any bicycle or pedestrian pathway or
trail in the vicinity of schools.
``(2) Noninfrastructure-related activities.--In addition to
projects described in paragraph (1), a State may obligate funds
under this section for noninfrastructure-related activities to
encourage walking and bicycling to school, including--
``(A) public awareness campaigns and outreach to
press and community leaders;
``(B) traffic education and enforcement in the
vicinity of schools;
``(C) student sessions on bicycle and pedestrian
safety, health, and environment;
``(D) programs that address personal safety; and
``(E) funding for training, volunteers, and
managers of safe routes to school programs.
``(3) Safe routes to school coordinator.--Each State
receiving an apportionment under paragraphs (2) and (3) of
section 104(b) shall use a sufficient amount of the
apportionment to fund a full-time position of coordinator of
the State's safe routes to school program.
``(f) Federal Share.--The Federal share of the cost of a project,
program, or activity under this section shall be 100 percent.
``(g) Clearinghouse.--
``(1) In general.--The Secretary shall maintain a national
safe routes to school clearinghouse to--
``(A) develop information and educational programs
on safe routes to school; and
``(B) provide technical assistance and disseminate
techniques and strategies used for successful safe
routes to school programs.
``(2) Funding.--The Secretary shall carry out this
subsection using amounts authorized to be appropriated for
administrative expenses under section 104(a).
``(h) Treatment of Projects.--Notwithstanding any other provision
of law, projects carried out under this section shall be treated as
projects on a Federal-aid highway under chapter 1 of this title.
``(i) Definitions.--In this section, the following definitions
apply:
``(1) In the vicinity of schools.--The term `in the
vicinity of schools' means, with respect to a school, the area
within bicycling and walking distance of the school
(approximately 2 miles).
``(2) Primary, middle, and high schools.--The term
`primary, middle, and high schools' means schools providing
education from kindergarten through twelfth grade.''.
(b) Technical and Conforming Amendments.--
(1) Repeal.--Section 1404 of SAFETEA-LU (Public Law 109-59;
119 Stat. 1228-1230), and the item relating to such section in
the table of contents in section 1(b) of such Act, are
repealed.
(2) Analysis.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item
relating to section 210 the following:
``211. Safe routes to school program.''.
SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``104(b)(3)'' and inserting
``104(b)(4)''; and
(B) by striking ``a position'' and inserting ``one
or more positions'';
(2) in subsection (e) by striking ``bicycles'' and
inserting ``pedestrians and bicyclists'' each place such term
appears; and
(3) in subsection (j) by striking paragraph (2) and
inserting the following:
``(2) Electric bicycle.--The term `electric bicycle' means
any bicycle, tricycle, or other motorized conveyance--
``(A) weighing under 100 pounds;
``(B) with a low-powered electric motor;
``(C) with a top motor-powered speed not in excess
of 20 miles per hour; and
``(D) that can safely share a bicycle
transportation facility with other users of such
facility.''.
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, 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) 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;
``(B) a project to improve person throughput that
is--
``(i) a highway project carried out on the
National Highway System;
``(ii) a public transportation project; or
``(iii) a capital project, as such term is
defined in section 22906 of title 49, to
improve intercity rail passenger
transportation; or
``(C) a project to improve freight throughput that
is--
``(i) a highway freight project carried out
on the National Highway Freight Network
established under section 167 or on the
National Highway System;
``(ii) a freight intermodal, freight rail,
or railway-highway grade crossing or grade
separation project; or
``(iii) within the boundaries of a public
or private freight rail, water (including
ports), or intermodal facility and that is a
surface transportation infrastructure project
necessary to facilitate direct intermodal
interchange, transfer, or access into or out of
the facility.
``(2) Limitation.--
``(A) Certain freight projects.--Projects described
in clauses (ii) and (iii) of paragraph (1)(C) may
receive a grant under this section only if--
``(i) the project will make a significant
improvement to the movement of freight on the
National Highway System; and
``(ii) the Federal share of the project
funds only elements of the project that provide
public benefits.
``(B) Certain projects for person throughput.--
Projects described in clauses (ii) and (iii) of
paragraph (1)(B) may receive a grant under this section
only if the project will make a significant improvement
in mobility on public roads.
``(f) Eligible Project Costs.--An eligible entity receiving a grant
under this section may use such grant for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements directly related to
improving system performance.
``(g) Project Requirements.--The Secretary may select a project
described under this section for funding under this section only if the
Secretary determines that the project--
``(1) generates significant regional or national economic,
mobility, safety, resilience, or environmental benefits;
``(2) is cost effective;
``(3) is based on the results of preliminary engineering;
``(4) has secured or will secure acceptable levels of non-
Federal financial commitments, including--
``(A) 1 or more stable and dependable sources of
funding and financing to construct, maintain, and
operate the project; and
``(B) contingency amounts to cover unanticipated
cost increases;
``(5) cannot be easily and efficiently completed without
additional Federal funding or financial assistance available to
the project sponsor, beyond existing Federal apportionments;
and
``(6) is reasonably expected to begin construction not
later than 18 months after the date of obligation of funds for
the project.
``(h) Merit Criteria and Considerations.--
``(1) Merit criteria.--In awarding a grant under this
section, the Secretary shall evaluate the following merit
criteria:
``(A) The extent to which the project supports
achieving a state of good repair.
``(B) The level of benefits the project is expected
to generate, including--
``(i) the costs avoided by the prevention
of closure or reduced use of the asset to be
improved by the project;
``(ii) reductions in maintenance costs over
the life of the asset;
``(iii) safety benefits, including the
reduction of accidents and related costs;
``(iv) improved person or freight
throughput, including congestion reduction and
reliability improvements;
``(v) national and regional economic
benefits;
``(vi) resilience benefits;
``(vii) environmental benefits, including
reduction in greenhouse gas emissions and air
quality benefits; and
``(viii) benefits to all users of the
project, including pedestrian, bicycle,
nonvehicular, railroad, and public
transportation users.
``(C) How the benefits compare to the costs of the
project.
``(D) The average number of people or volume of
freight, as applicable, supported by the project.
``(2) Additional considerations.--In awarding a grant under
this section, the Secretary shall also consider the following:
``(A) Whether the project serves an area of
persistent poverty.
``(B) Whether the project uses innovative
technologies, innovative design and construction
techniques, or pavement materials that demonstrate
reductions in greenhouse gas emissions through
sequestration or innovative manufacturing processes
and, if so, the degree to which such technologies,
techniques, or materials are used.
``(C) Whether the project improves connectivity
between modes of transportation moving people or goods
in the Nation or region.
``(D) Whether the project provides new or improved
connections between at least 2 metropolitan areas with
a population of at least 500,000.
``(i) Project Selection.--
``(1) Evaluation.--To evaluate applications for funding
under this section, the Secretary shall--
``(A) determine whether a project is eligible for a
grant under this section;
``(B) evaluate, through a methodology that is
discernible and transparent to the public, how each
application addresses the merit criteria pursuant to
subsection (h);
``(C) assign a quality rating for each merit
criteria for each application based on the evaluation
in subparagraph (B);
``(D) ensure that applications receive final
consideration by the Secretary to receive an award
under this section only on the basis of such quality
ratings and that the Secretary gives final
consideration only to applications that meet the
minimally acceptable level for each of the merit
criteria; and
``(E) award grants only to projects rated highly
under the evaluation and rating process.
``(2) Considerations for large projects.--In awarding a
grant for a large project, the Secretary shall--
``(A) consider the amount of funds available in
future fiscal years for the program under this section;
and
``(B) assume the availability of funds in future
fiscal years for the program that extend beyond the
period of authorization based on the amount made
available for the program in the last fiscal year of
the period of authorization.
``(3) Geographic distribution.--In awarding grants under
this section, the Secretary shall ensure geographic diversity
and a balance between rural and urban communities among grant
recipients over fiscal years 2022 through 2025.
``(4) Publication of methodology.--
``(A) In general.--Prior to the issuance of any
notice of funding opportunity for grants under this
section, the Secretary shall publish and make publicly
available on the Department's website--
``(i) a detailed explanation of the merit
criteria developed under subsection (h);
``(ii) a description of the evaluation
process under this subsection; and
``(iii) how the Secretary shall determine
whether a project satisfies each of the
requirements under subsection (g).
``(B) Updates.--The Secretary shall update and make
publicly available on the website of the Department of
Transportation such information at any time a revision
to the information described in subparagraph (A) is
made.
``(C) Information required.--The Secretary shall
include in the published notice of funding opportunity
for a grant under this section detailed information on
the rating methodology and merit criteria to be used to
evaluate applications, or a reference to the
information on the website of the Department of
Transportation, as required by subparagraph (A).
``(j) Federal Share.--
``(1) In general.--The Federal share of the cost of a
project carried out with a grant under this section may not
exceed 60 percent.
``(2) Maximum federal involvement.--Federal assistance
other than a grant under this section may be used to satisfy
the non-Federal share of the cost of a project for which such a
grant is made, except that the total Federal assistance
provided for a project receiving a grant under this section may
not exceed 80 percent of the total project cost.
``(k) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to
a public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail
component.--For any passenger or freight rail
component of a project, the requirements of
section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--
For any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy American
requirements under section 313 of this title and
sections 5320, 22905(a), and 24305(f) of title 49 to a
multimodal project under this paragraph, the Secretary
shall--
``(i) consider the various modal components
of the project; and
``(ii) seek to maximize domestic jobs.
``(3) Federal-aid highway requirements.--Notwithstanding
any other provision of this subsection, the Secretary shall
require recipients of grants under this section to comply with
subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight
rail projects, in the same manner that recipients of grants are
required to comply with such subsection for construction work
performed on highway projects on Federal-aid highways.
``(l) TIFIA Program.--At the request of an eligible entity under
this section, the Secretary may use amounts awarded to the entity to
pay subsidy and administrative costs necessary to provide the entity
Federal credit assistance under chapter 6 with respect to the project
for which the grant was awarded.
``(m) Administration.--Of the amounts made available to carry out
this section, the Secretary may use up to $5,000,000 for the costs of
administering the program under this section.
``(n) Technical Assistance.--Of the amounts made available to carry
out this section, the Secretary may reserve up to $5,000,000,000 to
provide technical assistance to eligible entities.
``(o) Congressional Review.--
``(1) Notification.--Not less than 60 days before making an
award under this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Commerce, Science, and Transportation of
the Senate--
``(A) a list of all applications determined to be
eligible for a grant by the Secretary;
``(B) the quality ratings assigned to each
application pursuant to subsection (i);
``(C) a list of applications that received final
consideration by the Secretary to receive an award
under this section;
``(D) each application proposed to be selected for
a grant award;
``(E) proposed grant amounts, including for each
new multiyear grant agreement, the proposed payout
schedule for the project; and
``(F) an analysis of the impacts of any large
projects proposed to be selected on existing
commitments and anticipated funding levels for the next
4 fiscal years, based on information available to the
Secretary at the time of the report.
``(2) Committee review.--Before the last day of the 60-day
period described in paragraph (1), each Committee described in
paragraph (1) shall review the Secretary's list of proposed
projects.
``(3) Congressional disapproval.--The Secretary may not
make a grant or any other obligation or commitment to fund a
project under this section if a joint resolution is enacted
disapproving funding for the project before the last day of the
60-day period described in paragraph (1).
``(p) Transparency.--
``(1) In general.--Not later than 30 days after awarding a
grant for a project under this section, the Secretary shall
send to all applicants, and publish on the website of the
Department of Transportation--
``(A) a summary of each application made to the
program for the grant application period; and
``(B) the evaluation and justification for the
project selection, including ratings assigned to all
applications and a list of applications that received
final consideration by the Secretary to receive an
award under this section, for the grant application
period.
``(2) Briefing.--The Secretary shall provide, at the
request of a grant applicant under this section, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(q) Definitions.--In this section:
``(1) Areas of persistent poverty.--The term `areas of
persistent poverty' has the meaning given such term in section
172(l).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State or a group of States;
``(B) a unit of local government, including a
metropolitan planning organization, or a group of local
governments;
``(C) a political subdivision of a State or local
government;
``(D) a special purpose district or public
authority with a transportation function, including a
port authority;
``(E) a tribal government or a consortium of tribal
governments;
``(F) a Federal agency eligible to receive funds
under section 201, 203, or 204 that applies jointly
with a State or group of States; and
``(G) 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 Areas.--
``(1) In general.--The Secretary shall reserve not less
than 25 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 not included in
urbanized areas.
``(3) Excess funding.--If the Secretary determines that
there are insufficient qualified applicants to use the funds
set aside under this subsection, the Secretary may use such
funds for grants for any projects eligible under this section.
``(f) Evaluation.--To evaluate applications under this section, the
Secretary shall--
``(1) develop a process to objectively evaluate
applications on the benefits of the project proposed in such
application--
``(A) to transportation safety, including
reductions in traffic fatalities and serious injuries;
``(B) to state of good repair, including improved
condition of bridges and pavements;
``(C) to transportation system access, including
improved access to jobs and services; and
``(D) in reducing greenhouse gas emissions;
``(2) develop a rating system to assign a numeric value to
each application, based on each of the criteria described in
paragraph (1);
``(3) compare the total benefits of each application
submitted, as determined by the rating system developed under
paragraph (2), with the costs of such application, 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 developed under 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 developed
under subsection (f)(1); and
``(2) each application has the same possible minimum and
maximum rating, regardless of any differences in the weighting
of criteria.
``(h) Transparency.--
``(1) Publicly available information.--Prior to the
issuance of any notice of funding opportunity under this
section, the Secretary shall make publicly available on the
website of the Department of Transportation a detailed
explanation of the evaluation and rating process developed
under subsection (f), including any differences in the
weighting of criteria pursuant to subsection (g), if
applicable, and update such website for each revision of the
evaluation and rating process.
``(2) Notifications to congress.--The Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee on Environment and
Public Works of the Senate, the Committee on Banking, Housing,
and Urban Affairs of the Senate, and the Committee on Commerce,
Science, and Transportation of the Senate the following written
notifications:
``(A) A notification when the Secretary publishes
or updates the information required under paragraph
(1).
``(B) Not later than 30 days prior to the date on
which the Secretary awards a grant under this section,
a notification that includes--
``(i) the ratings of each application
submitted pursuant to subsection (f)(2);
``(ii) the ranking of each application
submitted pursuant to subsection (f)(3); and
``(iii) a list of all applications that
receive final consideration by the Secretary to
receive an award under this section pursuant to
subsection (f)(4).
``(C) Not later than 3 business days prior to the
date on which the Secretary announces the award of a
grant under this section, a notification describing
each grant to be awarded, including the amount and the
recipient.
``(i) Technical Assistance.--Of the amounts made available to carry
out this section, the Secretary may reserve up to $3,000,000 to provide
technical assistance to eligible entities.
``(j) Administration.--Of the amounts made available to carry out
this section, the Secretary may reserve up to $5,000,000 for the
administrative costs of carrying out the program under this section.
``(k) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to
a public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail
component.--For any passenger or freight rail
component of a project, the requirements of
section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--
For any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy American
requirements under section 313 of this title and
sections 5320, 22905(a), and 24305(f) of title 49 to a
multimodal project under this paragraph, the Secretary
shall--
``(i) consider the various modal components
of the project; and
``(ii) seek to maximize domestic jobs.
``(3) Federal-aid highway requirements.--Notwithstanding
any other provision of this subsection, the Secretary shall
require recipients of grants under this section to comply with
subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight
rail projects, in the same manner that recipients of grants are
required to comply with such subsection for construction work
performed on highway projects on Federal-aid highways.
``(l) Transparency.--
``(1) In general.--Not later than 30 days after awarding a
grant for a project under this section, the Secretary shall
send to all applicants, and publish on the website of the
Department of Transportation--
``(A) a summary of each application made to the
program for the grant application period; and
``(B) the evaluation and justification for the
project selection, including ratings and rankings
assigned to all applications and a list of applications
that received final consideration by the Secretary to
receive an award under this section, for the grant
application period.
``(2) Briefing.--The Secretary shall provide, at the
request of a grant applicant under this section, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(m) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a metropolitan planning organization;
``(B) a unit of local government;
``(C) a transit agency;
``(D) a Tribal Government or a consortium of tribal
governments;
``(E) a multijurisdictional group of entities
described in this paragraph; or
``(F) a State that applies for a grant under this
section jointly with an entity described in
subparagraphs (A) through (E).
``(2) Eligible project.--The term `eligible project' means
any project eligible under this title or chapter 53 of title
49.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is further amended by adding at the end the
following new item:
``173. Community transportation investment grant program.''.
SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE TO MODERNIZE
AND RECONNECT AMERICA FOR THE 21ST CENTURY.
(a) Purpose.--The purpose of this section is to establish a grant
program to strategically deploy electric vehicle charging
infrastructure and hydrogen fueling infrastructure along designated
alternative fuel corridors that will be accessible to all drivers of
electric vehicles and hydrogen vehicles.
(b) Grant Program.--Section 151 of title 23, United States Code, is
amended--
(1) in subsection (a) by striking ``Not later than 1 year
after the date of enactment of the FAST Act, the Secretary
shall'' and inserting ``The Secretary shall periodically'';
(2) in subsection (b)(2) by inserting ``previously
designated by the Federal Highway Administration or'' after
``fueling corridors'';
(3) in subsection (d)--
(A) by striking ``5 years after the date of
establishment of the corridors under subsection (a),
and every 5 years thereafter'' and inserting ``180 days
after the date of enactment of the INVEST in America
Act''; and
(B) by inserting ``establish a recurring process to
regularly'' after ``the Secretary shall'';
(4) in subsection (e)--
(A) in paragraph (1) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2)--
(i) by striking ``establishes an
aspirational goal of achieving'' and inserting
``describes efforts to achieve''; and
(ii) by striking ``by the end of fiscal
year 2020.'' and inserting a semicolon; and
(C) by adding at the end the following:
``(3) summarizes best practices and provides guidance,
developed through consultation with the Secretary of Energy,
for project development of electric vehicle charging
infrastructure, hydrogen fueling infrastructure, and natural
gas fueling infrastructure at the State, tribal, and local
level to allow for the predictable deployment of such
infrastructure; and
``(4) summarizes the progress and implementation of the
grant program under subsection (f), including--
``(A) a description of how funds awarded through
the grant program under subsection (f) will aid efforts
to achieve strategic deployment of electric vehicle
charging infrastructure and hydrogen fueling
infrastructure in those corridors;
``(B) the total number and location of charging
stations installed under subsection (f); and
``(C) the total estimated greenhouse gas emissions
that have been reduced through the use of electric
vehicle charging or hydrogen fueling infrastructure
funded under subsection (f) using the methodology
identified in paragraph (3)(B).''; and
(5) by adding at the end the following:
``(f) Electric Vehicle Charging and Hydrogen Fueling Infrastructure
Grants.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of the INVEST in America Act, the Secretary shall
establish a grant program to award grants to eligible entities
for electric vehicle charging and hydrogen fueling
infrastructure projects.
``(2) Eligible entity.--An entity eligible to receive a
grant under this subsection is--
``(A) a State or political subdivision of a State;
``(B) a metropolitan planning organization;
``(C) a unit of local government;
``(D) a special purpose district or public
authority with a transportation function, including a
port authority;
``(E) a Tribal government;
``(F) an authority, agency, or instrumentality of,
or an entity owned by, 1 or more of the entities
described in subparagraphs (A) through (E); or
``(G) a group of entities described in
subparagraphs (A) through (F).
``(3) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary shall require,
including--
``(A) a description of--
``(i) the public accessibility of the
charging or fueling infrastructure proposed to
be funded with a grant under this subsection,
including--
``(I) charging or fueling connector
types;
``(II) publicly available
information on real-time availability;
and
``(III) payment methods available
to all members of the public to ensure
secure, convenient, fair, and equal
access and not limited by membership to
a particular provider;
``(ii) collaborative engagement with the
entity with jurisdiction over the roadway and
any other relevant stakeholders (including
automobile manufacturers, utilities,
infrastructure providers, technology providers,
electric charging and hydrogen fuel providers,
metropolitan planning organizations, States,
Indian Tribes, units of local government, fleet
owners, fleet managers, fuel station owners and
operators, labor organizations, infrastructure
construction and component parts suppliers, and
multistate and regional entities)--
``(I) to foster enhanced,
coordinated, public-private or private
investment in electric vehicle charging
and hydrogen fueling infrastructure;
``(II) to expand deployment of
electric vehicle charging or hydrogen
fueling infrastructure;
``(III) to protect personal privacy
and ensure cybersecurity; and
``(IV) to ensure that a properly
trained workforce is available to
construct and install electric vehicle
charging or hydrogen fueling
infrastructure;
``(iii) the location of the station or
fueling site, including consideration of--
``(I) the availability of onsite
amenities for vehicle operators,
including restrooms or food facilities;
``(II) access in compliance with
the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
``(III) height and fueling capacity
requirements for facilities that charge
or refuel large vehicles, including
semitrailer trucks; and
``(IV) appropriate distribution to
avoid redundancy and fill charging or
fueling gaps;
``(iv) infrastructure installation that can
be responsive to technology advancements,
including accommodating autonomous vehicles and
future charging methods;
``(v) the long-term operation and
maintenance of the electric vehicle charging or
hydrogen fueling infrastructure to avoid
stranded assets and protect the investment of
public funds in such infrastructure; and
``(vi) in the case of an applicant that is
not a State department of transportation, the
degree of coordination with the applicable
State department of transportation; and
``(B) an assessment of the estimated greenhouse gas
emissions and air pollution from vehicle emissions that
will be reduced through the use of electric vehicle
charging or hydrogen fueling infrastructure, which
shall be conducted using one standardized methodology
or tool as determined by the Secretary.
``(4) Considerations.--In selecting eligible entities to
receive a grant under this subsection, the Secretary shall--
``(A) consider the extent to which the application
of the eligible entity would--
``(i) reduce estimated greenhouse gas
emissions and air pollution from vehicle
emissions, weighted by the total Federal
investment in the project;
``(ii) improve alternative fueling corridor
networks by--
``(I) converting corridor-pending
corridors to corridor-ready corridors;
or
``(II) in the case of corridor-
ready corridors, providing additional
capacity--
``(aa) to meet excess
demand for charging or fueling
infrastructure; or
``(bb) to reduce congestion
at existing charging or fueling
infrastructure in high-traffic
locations;
``(iii) meet current or anticipated market
demands for charging or fueling infrastructure;
``(iv) enable or accelerate the
construction of charging or fueling
infrastructure that would be unlikely to be
completed without Federal assistance; and
``(v) support a long-term competitive
market for electric vehicle charging
infrastructure or hydrogen fueling
infrastructure that does not significantly
impair existing electric vehicle charging or
hydrogen fueling infrastructure providers; and
``(B) ensure, to the maximum extent practicable,
geographic diversity among grant recipients to ensure
that electric vehicle charging infrastructure or
hydrogen fueling infrastructure is available throughout
the United States.
``(5) Use of funds.--
``(A) In general.--Any grant made under this
subsection shall be--
``(i) directly related to the charging or
fueling of a vehicle; and
``(ii) only for charging or fueling
infrastructure that is open to the general
public.
``(B) Location of infrastructure.--
``(i) In general.--Any electric vehicle
charging or hydrogen fueling infrastructure
acquired and installed with a grant under this
subsection shall be located along an
alternative fuel corridor designated under this
section or by a State or group of States.
``(ii) Exception.--Notwithstanding clause
(i), the Secretary may make a grant for
electric vehicle charging infrastructure not on
a designated alternative fuel corridor if the
applicant demonstrates that the proposed
charging infrastructure would expand deployment
of electric vehicle charging to a greater
number of users than investments on such
corridor.
``(C) Operating assistance.--
``(i) In general.--Subject to clauses (ii)
and (iii), an eligible entity that receives a
grant under this subsection may use a portion
of the funds for operating costs for the first
5 years of operations after the installation of
electric vehicle charging or hydrogen fueling
infrastructure while the facility transitions
to independent system operations.
``(ii) Inclusion.--Operating assistance
under this subparagraph shall be limited to
costs allocable to operating and maintaining
the electric vehicle charging or hydrogen
fueling infrastructure and service.
``(iii) Limitation.--Operating assistance
under this subparagraph may not exceed the
amount of a contract under subparagraph (A) to
acquire and install electric vehicle charging
or hydrogen fueling infrastructure.
``(D) Signs.--
``(i) In general.--Subject to this
paragraph and paragraph (6)(B), an eligible
entity that receives a grant under this
subsection may use a portion of the funds to
acquire and install--
``(I) traffic control devices
located in the right-of-way to provide
directional information to electric
vehicle charging or hydrogen fueling
infrastructure acquired, installed, or
operated with the grant under this
subsection; and
``(II) on-premises signs to provide
information about electric vehicle
charging or hydrogen fueling
infrastructure acquired, installed, or
operated with a grant under this
subsection.
``(ii) Requirement.--Any traffic control
device or on-premises sign acquired, installed,
or operated with a grant under this subsection
shall comply with the Manual on Uniform Traffic
Control Devices, if located in the right-of-
way.
``(E) Revenue.--An eligible entity receiving a
grant under this subsection and a private entity
referred to in subparagraph (F) may enter into a cost-
sharing agreement under which the private entity
submits to the eligible entity a portion of the revenue
from the electric vehicle charging or hydrogen fueling
infrastructure.
``(F) Private entity.--
``(i) In general.--An eligible entity
receiving a grant under this subsection may use
the funds in accordance with this paragraph to
contract with a private entity for
installation, operation, or maintenance of
electric vehicle charging or hydrogen fueling
infrastructure.
``(ii) Inclusion.--An eligible private
entity shall include a privately, publicly, or
cooperatively owned electric utility.
``(6) Project requirements.--
``(A) In general.--Notwithstanding any other
provision of law, any project funded by a grant under
this subsection shall be treated as a project on a
Federal-aid highway.
``(B) Electric vehicle charging projects.--A
project for electric vehicle charging infrastructure
funded by a grant under this subsection shall be
subject to the requirements of section 155.
``(7) Federal share.--The Federal share of the cost of a
project carried out with a grant under this subsection shall
not exceed 80 percent of the total project cost.''.
SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code, as
amended by this title, is further amended by inserting after section
171 the following:
``Sec. 172. Community climate innovation grants
``(a) Establishment.--The Secretary shall establish a community
climate innovation grant program (in this section referred to as the
`Program') to make grants, on a competitive basis, for locally selected
projects that reduce greenhouse gas emissions while improving the
mobility, accessibility, and connectivity of the surface transportation
system.
``(b) Purpose.--The purpose of the Program shall be to support
communities in reducing greenhouse gas emissions from the surface
transportation system.
``(c) Eligible Applicants.--The Secretary may make grants under the
Program to the following entities:
``(1) A metropolitan planning organization.
``(2) A unit of local government or a group of local
governments.
``(3) A subdivision of a local government.
``(4) A transit agency.
``(5) A special purpose district with a transportation
function or a port authority.
``(6) A Tribal government or a consortium of tribal
governments.
``(7) A multijurisdictional group of entities described in
paragraphs (1) through (6).
``(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
``(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 communities, including
areas of persistent poverty; and
``(7) a project uses pavement materials that demonstrate
reductions in greenhouse gas emissions through sequestration or
innovative manufacturing processes.
``(i) Funding.--
``(1) Maximum amount.--The maximum amount of a grant under
the Program shall be $25,000,000.
``(2) Technical assistance.--Of the amounts made available
to carry out the Program, the Secretary may use up to 1 percent
to provide technical assistance to applicants and potential
applicants.
``(j) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to
a public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail
component.--For any passenger or freight rail
component of a project, the requirements of
section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--
For any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy American
requirements under section 313 of this title and
sections 5320, 22905(a), and 24305(f) of title 49 to a
multimodal project under this paragraph, the Secretary
shall--
``(i) consider the various modal components
of the project; and
``(ii) seek to maximize domestic jobs.
``(3) Federal-aid highway requirements.--Notwithstanding
any other provision of this subsection, the Secretary shall
require recipients of grants under this section to comply with
subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight
rail projects, in the same manner that recipients of grants are
required to comply with such subsection for construction work
performed on highway projects on Federal-aid highways.
``(k) Single-Occupancy Vehicle Highway Facilities.--None of the
funds provided under this section may be used for a project that will
result in the construction of new capacity available to single occupant
vehicles unless the project consists of a high-occupancy vehicle
facility and is consistent with section 166.
``(l) Definition of Areas of Persistent Poverty.--In this section,
the term `areas of persistent poverty' means--
``(1) any county that has had 20 percent or more of the
population of such county living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses and
the most recent Small Area Income and Poverty Estimates; and
``(2) any census tract with a poverty rate of at least 20
percent, as measured by the most recent 5-year data series
available from the American Community Survey of the Bureau of
the Census.''.
(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 provide
funding to metropolitan planning organizations in accordance with this
section to enhance local decision making and control in delivering
projects to address local transportation needs.
(b) Designation.--
(1) In general.--The Secretary shall designate high-
performing metropolitan planning organizations based on the
criteria in paragraph (3) to be direct recipients of funds
under this section.
(2) Responsibilities.--A direct recipient shall assume,
with respect to the amounts made available under this section,
any responsibility for the oversight of Federal funds vested in
a State department of transportation under chapter 1 of title
23, United States Code.
(3) Criteria.--In designating an applicant under this
subsection, the Secretary shall consider--
(A) the legal, financial, and technical capacity of
the applicant;
(B) the level of coordination between the applicant
and--
(i) the State department of transportation
of the State or States in which the
metropolitan planning area represented by the
applicant is located;
(ii) local governments and providers of
public transportation within the metropolitan
planning area represented by the applicant; and
(iii) if more than 1 metropolitan planning
organization is designated within an urbanized
area represented by the applicant, any other
such metropolitan planning organization;
(C) in the case of an applicant that represents an
urbanized area population of greater than 200,000, the
effectiveness of project delivery and timely obligation
of funds made available under section 133(d)(1)(A)(i)
of title 23, United States Code;
(D) if the applicant or a local government within
the metropolitan planning area that the applicant
represents has been the recipient of a discretionary
grant from the Secretary within the preceding 5 years,
the administration of such grant;
(E) the extent to which the planning and decision
making process of the applicant, including the long-
range transportation plan and the approved
transportation improvement program under section 134 of
such title, support--
(i) the performance goals established under
section 150(b) of such title; and
(ii) the achievement of metropolitan or
statewide performance targets established under
section 150(c) of such title; and
(F) any other criteria established by the
Secretary.
(4) Requirements.--
(A) Call for nomination.--Not later than April 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.
(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) of title 23,
United States Code.
(c) Use of Funds.--
(1) Eligible projects.--Funds made available under this
section may be obligated for the purposes described in section
133(b) of title 23, United States Code.
(2) Administrative expenses and technical assistance.--Of
the amounts made available under this section, the Secretary
may set aside not more than $5,000,000 for program management,
oversight, and technical assistance to direct recipients.
(d) Responsibilities of Direct Recipients.--
(1) Direct availability of funds.--Notwithstanding title
23, United States Code, the amounts made available under this
section shall be allocated to each direct recipient for
obligation.
(2) Project delivery.--
(A) In general.--At the request of the direct
recipient, the State may collaborate with a project
sponsor to ensure delivery of the project and
compliance with all applicable Federal requirements.
(B) Use of funds.--Amounts made available under
this section may be used to compensate the State for
costs incurred in providing technical assistance under
this paragraph.
(3) Distribution of amounts among direct recipients.--
(A) In general.--Subject to subparagraph (B), on
the first day of the fiscal year for which funds are
made available under this section, the Secretary shall
allocate such funds to each direct recipient as the
proportion of the population (as determined by data
collected by the Bureau of the Census) of the urbanized
area represented by any 1 direct recipient bears to the
total population of all of urbanized areas represented
by all direct recipients.
(B) Minimum and maximum amounts.--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
unallocated after the distribution described in this
subsection, such remaining amounts and an associated
amount of obligation limitation shall be made available
for the purposes described in clauses (i) and (ii) of
section 133(d)(1)(A) of title 23, United States Code,
and distributed among the States in proportion to 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
population of all urbanized areas across all States.
(4) Assumption of responsibility of the secretary.--
(A) In general.--For projects carried out with
funds provided under this section, the direct recipient
may assume the responsibilities of the Secretary under
title 23, United States Code, for design, plans,
specifications, estimates, contract awards, and
inspections with respect to the projects unless the
Secretary determines that the assumption is not
appropriate.
(B) Agreement.--The Secretary and the direct
recipient shall enter into an agreement relating to the
extent to which the direct recipient assumes the
responsibilities of the Secretary under this paragraph.
(C) Limitations.--The Secretary shall retain
responsibilities described in subparagraph (A) for any
project that the Secretary determines to be in a high-
risk category, including projects on the National
Highway System.
(e) Expenditure of Funds.--
(1) Consistency with metropolitan planning.--Except as
otherwise provided in this section, programming and expenditure
of funds for projects under this section shall be consistent
with the requirements of section 134 of title 23, United States
Code.
(2) Selection of projects.--
(A) In general.--Notwithstanding subsections (j)(5)
and (k)(4) of section 134 of such title, a direct
recipient shall select, from the approved
transportation improvement program under section 134 of
such title, all projects described 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 treated as
funds apportioned under title 23, United States Code.
(2) Treatment of projects.--Notwithstanding any other
provision of law, any project using funds provided under this
section shall be treated as a project on a Federal-aid highway
under chapter 1 of title 23, United States Code.
(3) Federal share.--The Federal share of the cost of a
project carried out under this section shall be determined in
accordance with section 120 of title 23, United States Code.
(g) Report.--
(1) Direct recipient report.--Not later than 60 days after
the end of each fiscal year, each direct recipient shall submit
to the Secretary a report that includes--
(A) a list of projects funded with amounts provided
under this section;
(B) a description of any obstacles to complete
projects or timely obligation of funds; and
(C) recommendations to improve the effectiveness of
the program under this section.
(2) Report to congress.--Not later than October 1, 2024,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that--
(A) summarizes the findings of each direct
recipient provided under paragraph (1);
(B) describes the efforts undertaken by both direct
recipients and the Secretary to ensure compliance with
the requirements of title 23 and chapter 53 of title
49, United States Code;
(C) analyzes the capacity of direct recipients to
receive direct allocations of funds under chapter 1 of
title 23, United States Code; and
(D) provides recommendations from the Secretary
to--
(i) improve the administration, oversight,
and performance of the program established
under this section;
(ii) improve the effectiveness of direct
recipients to complete projects and obligate
funds in a timely manner; and
(iii) evaluate options to expand the
authority provided under this section,
including to allow for the direct allocation to
metropolitan planning organizations of funds
made available to carry out clause (i) or (ii)
of section 133(d)(1)(A) of title 23, United
States Code.
(3) Update.--Not less frequently than every 2 years, the
Secretary shall update the report described in paragraph (2).
(h) Definitions.--
(1) Direct recipient.--In this section, the term ``direct
recipient'' means a metropolitan planning organization
designated by the Secretary as high-performing under subsection
(b) and that was directly allocated funds as described in
subsection (d).
(2) Metropolitan planning area.--The term ``metropolitan
planning area'' has the meaning given such term in section 134
of title 23, United States Code.
(3) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
such term in section 134 of title 23, United States Code.
(4) National highway system.--The term ``National Highway
System'' has the meaning given such term in section 101 of
title 23, United States Code.
(5) State.--The term ``State'' has the meaning given such
term in section 101 of title 23, United States Code.
(6) Urbanized area.--The term ``urbanized area'' has the
meaning given such term in section 134 of title 23, United
States Code.
SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a gridlock reduction program to make grants, on a competitive basis,
for projects to reduce, and mitigate the adverse impacts of, traffic
congestion.
(b) Applications.--To be eligible for a grant under this section,
an applicant shall submit to the Secretary an application in such form,
at such time, and containing such information as the Secretary
determines appropriate.
(c) Eligible Applicants.--The Secretary may make grants under this
section to an applicant that is serving an urbanized area, as
designated by the Bureau of the Census, with a population of not less
than 1,000,000 and that is--
(1) a metropolitan planning organization;
(2) a unit of local government or a group of local
governments;
(3) a multijurisdictional group of entities described in
paragraphs (1) and (2); or
(4) a State that is in partnership with an entity described
in paragraph (1), (2), or (3).
(d) Eligible Projects.--The Secretary may award grants under this
section to applicants that submit a comprehensive program of surface
transportation-related projects to reduce traffic congestion and
related adverse impacts, including a project for 1 or more of the
following:
(1) Transportation systems management and operations.
(2) Intelligent transportation systems.
(3) Real-time traveler information.
(4) Traffic incident management.
(5) Active traffic management.
(6) Traffic signal timing.
(7) Multimodal travel payment systems.
(8) Transportation demand management, including employer-
based commuting programs such as carpool, vanpool, transit
benefit, parking cashout, shuttle, or telework programs.
(9) A project to provide transportation options to reduce
traffic congestion, including--
(A) a project under chapter 53 of title 49, United
States Code; and
(B) a bicycle or pedestrian project, including a
project to provide safe and connected active
transportation networks.
(10) Any other project, as determined appropriate by the
Secretary.
(e) Award Prioritization.--
(1) In general.--In selecting grants under this section,
the Secretary shall prioritize applicants serving urbanized
areas, as described in subsection (c), that are experiencing a
high degree of recurrent transportation congestion, as
determined by the Secretary.
(2) Additional considerations.--In selecting grants under
this section, the Secretary shall also consider the extent to
which the project would--
(A) reduce traffic congestion and improve the
reliability of the surface transportation system;
(B) mitigate the adverse impacts of traffic
congestion on the surface transportation system,
including safety and environmental impacts;
(C) maximize the use of existing capacity; and
(D) employ innovative, integrated, and multimodal
solutions to the items described in subparagraphs (A),
(B), and (C).
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a project
carried out under this section may not exceed 60 percent.
(2) Maximum federal share.--Federal assistance other than a
grant for a project under this section may be used to satisfy
the non-Federal share of the cost of such project, except that
the total Federal assistance provided for a project receiving a
grant under this section may not exceed 80 percent of the total
project cost.
(g) Use of Funds.--Funds made available for a project under this
section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
(h) Funding.--
(1) Grant amount.--A grant under this section shall be in
an amount not less than $10,000,000 and not more than
$50,000,000.
(2) Availability.--Funds made available under this program
shall be available until expended.
(i) Freight Project Set-Aside.--
(1) In general.--The Secretary shall set aside not less
than 50 percent of the funds made available to carry out this
section for grants for freight projects under this subsection.
(2) Eligible uses.--The Secretary shall provide funds set
aside under this subsection to applicants that submit a
comprehensive program of surface transportation-related
projects to reduce freight-related traffic congestion and
related adverse impacts, including--
(A) freight intelligent transportation systems;
(B) real-time freight parking information;
(C) real-time freight routing information;
(D) freight transportation and delivery safety
projects;
(E) first-mile and last-mile delivery solutions;
(F) shifting freight delivery to off-peak travel
times;
(G) reducing greenhouse gas emissions and air
pollution from freight transportation and delivery,
including through the use of innovative vehicles that
produce fewer greenhouse gas emissions;
(H) use of centralized delivery locations;
(I) designated freight vehicle parking and staging
areas;
(J) curb space management; and
(K) other projects, as determined appropriate by
the Secretary.
(3) Award prioritization.--
(A) In general.--In providing funds set aside under
this section, the Secretary shall prioritize applicants
serving urbanized areas, as described in subsection
(c), that are experiencing a high degree of recurrent
congestion due to freight transportation, as determined
by the Secretary.
(B) Additional considerations.--In providing funds
set aside under this subsection, the Secretary shall
consider the extent to which the proposed project--
(i) reduces freight-related traffic
congestion and improves the reliability of the
freight transportation system;
(ii) mitigates the adverse impacts of
freight-related traffic congestion on the
surface transportation system, including safety
and environmental impacts;
(iii) maximizes the use of existing
capacity;
(iv) employs innovative, integrated, and
multimodal solutions to the items described in
clauses (i) through (iii); and
(v) leverages Federal funds with non-
Federal contributions.
(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 6 months after the
date specified in paragraph (1), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works, the Committee on Commerce, Science, and Transportation,
and the Committee on Banking, Housing, and Urban Affairs of the
Senate, and make publicly available on a website, a report
detailing--
(A) a summary of any information provided under
paragraph (1); and
(B) recommendations and best practices to--
(i) reduce traffic congestion, including
freight-related traffic congestion, and improve
the reliability of the surface transportation
system;
(ii) mitigate the adverse impacts of
traffic congestion, including freight-related
traffic congestion, on the surface
transportation system, including safety and
environmental impacts; and
(iii) employ innovative, integrated, and
multimodal solutions to the items described in
clauses (i) and (ii).
(k) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works, the Committee on
Commerce, Science, and Transportation, and the Committee on Banking,
Housing, and Urban Affairs of the Senate of the intention to award such
a grant.
(l) Treatment of Projects.--
(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
(A) the requirements of title 23, United States
Code, to a highway project;
(B) the requirements of chapter 53 of title 49,
United States Code, to a public transportation project;
and
(C) the requirements of section 22905 of title 49,
United States Code, to a passenger rail or freight rail
project.
(2) Multimodal projects.--
(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
(i) determine the predominant modal
component of the project; and
(ii) apply the applicable requirements of
such predominant modal component to the
project.
(B) Exceptions.--
(i) Passenger or freight rail component.--
For any passenger or freight rail component of
a project, the requirements of section
22907(j)(2) of title 49, United States Code,
shall apply.
(ii) Public transportation component.--For
any public transportation component of a
project, the requirements of section 5333 of
title 49, United States Code, shall apply.
(C) Buy america.--In applying the Buy American
requirements under section 313 of title 23, United
States Code, and sections 5320, 22905(a), and 24305(f)
of title 49, United States Code, to a multimodal
project under this paragraph, the Secretary shall--
(i) consider the various modal components
of the project; and
(ii) seek to maximize domestic jobs.
(3) Federal-aid highway requirements.--Notwithstanding any
other provision of this subsection, the Secretary shall require
recipients of grants under this section to comply with
subsection (a) of section 113 of title 23, United States Code,
with respect to public transportation projects, passenger rail
projects, and freight rail projects, in the same manner that
recipients of grants are required to comply with such
subsection for construction work performed on highway projects
on Federal-aid highways.
(m) Treatment of Funds.--Except as provided in subsection (l),
funds authorized for the purposes described in this section shall be
available for obligation in the same manner as if the funds were
apportioned under chapter 1 of title 23, United States Code.
SEC. 1307. REBUILD RURAL GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a rebuild rural grant program to improve the safety, state of good
repair, and connectivity of transportation infrastructure in rural
communities.
(b) Grant Authority.--
(1) In general.--In carrying out the program established in
subsection (a), the Secretary shall make grants, on a
competitive basis, in accordance with this section.
(2) Grant amount.--A grant made under this program shall be
for no more than $25,000,000.
(c) Eligible Applicants.--The Secretary may make a grant under this
section to--
(1) a State;
(2) a metropolitan planning organization or a regional
transportation planning organization;
(3) a unit of local government;
(4) a Federal land management agency;
(5) a Tribal government or a consortium of Tribal
governments; and
(6) a multijurisdictional group of entities described in
this subsection.
(d) Applications.--To be eligible for a grant under this section,
an entity specified under subsection (c) shall submit to the Secretary
an application in such form, at such time, and containing such
information as the Secretary determines is appropriate.
(e) Eligible Projects.--The Secretary shall provide grants under
this section to projects eligible under title 23, United States Code,
including projects on and off the Federal-aid highway system, that
improve safety, state of good repair, or connectivity in a rural
community, including projects to--
(1) improve transportation safety, including projects on
high-risk rural roads and on Federal lands;
(2) improve state of good repair, including projects to
repair and rehabilitate bridges on and off the Federal-aid
highway system;
(3) provide or increase access to jobs and services;
(4) provide or increase access to--
(A) a grain elevator;
(B) an agricultural facility;
(C) a mining facility;
(D) a forestry facility;
(E) an intermodal facility; or
(F) any other facility that supports the economy of
a rural community; and
(5) reduce vehicle-wildlife collisions and improve habitat
connectivity.
(f) Eligible Project Costs.--Grant amounts for a project under this
section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
(g) Federal Share.--
(1) In general.--The share of the cost of a project
provided with a grant under this section may not exceed 80
percent of the total cost of such project.
(2) Maximum federal assistance.--Federal assistance other
than a grant under this section may be used to satisfy up to
100 percent of the total cost of such project.
(h) Priority.--In making grants under this section, the Secretary
shall prioritize projects that address--
(1) significant transportation safety challenges;
(2) state of good repair challenges that pose safety risks
or risks to a local economy;
(3) economic development challenges;
(4) connectivity challenges that limit access to jobs or
services; and
(5) coordination of projects in the highway right-of-way
with proposed broadband service infrastructure needs.
(i) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary of Transportation shall notify
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate of the intention to award such a grant.
(j) Treatment of Projects.--Notwithstanding any other provision of
law, a project carried out under this section shall be treated as if
the project is located on a Federal-aid highway.
(k) Definition of Rural Community.--In this section, the term
``rural community'' means an area that is not an urbanized area, as
such term is defined in section 101(a) of title 23, United States Code.
SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.
(a) Establishment.--The Secretary of Transportation shall establish
a program under which the Secretary shall make grants, on a competitive
basis, to eligible entities to address the shortage of parking for
commercial motor vehicles to improve the safety of commercial motor
vehicle operators.
(b) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
may require.
(c) Eligible Projects.--Projects eligible under this section are
projects that--
(1) construct safety rest areas that include parking for
commercial motor vehicles;
(2) construct commercial motor vehicle parking facilities--
(A) adjacent to private commercial truckstops and
travel plazas;
(B) within the boundaries of, or adjacent to, a
publicly owned freight facility, including a port
terminal operated by a public authority; and
(C) at existing facilities, including inspection
and weigh stations and park-and-ride locations;
(3) open existing weigh stations, safety rest areas, and
park-and-ride facilities to commercial motor vehicle parking;
(4) facilitate access to publicly and privately provided
commercial motor vehicle parking, such as through the use of
intelligent transportation systems;
(5) construct turnouts along a Federal-aid highway for
commercial motor vehicles;
(6) make capital improvements to public commercial motor
vehicle parking facilities that are closed on a seasonal basis
to allow the facilities to remain open year-round;
(7) open existing commercial motor vehicle chain-up areas
that are closed on a seasonal basis to allow the facilities to
remain open year-round for commercial motor vehicle parking;
(8) address commercial motor vehicle parking and layover
needs in emergencies that strain the capacity of existing
publicly and privately provided commercial motor vehicle
parking; and
(9) make improvements to existing commercial motor vehicle
parking facilities, including advanced truckstop
electrification systems.
(d) Use of Funds.--
(1) In general.--An eligible entity may use a grant under
this section for--
(A) development phase activities, including
planning, feasibility analysis, benefit-cost analysis,
environmental review, preliminary engineering and
design work, and other preconstruction activities
necessary to advance a project described in subsection
(c); and
(B) construction and operational improvements, as
such terms are defined in section 101 of title 23,
United States Code.
(2) Private sector participation.--An eligible entity that
receives a grant under this section may partner with a private
entity to carry out an eligible project under this section.
(3) Limitation.--Not more than 10 percent of the amounts
made available to carry out this section may be used to promote
the availability of existing commercial motor vehicle parking.
(e) Selection Criteria.--In making grants under this section, the
Secretary shall consider--
(1) in the case of construction of new commercial motor
vehicle parking capacity, the shortage of public and private
commercial motor vehicle parking near the project; and
(2) the extent to which each project--
(A) would increase commercial motor vehicle parking
capacity or utilization;
(B) would facilitate the efficient movement of
freight;
(C) would improve safety, traffic congestion, and
air quality;
(D) is cost effective; and
(E) reflects consultation with motor carriers,
commercial motor vehicle operators, and private
providers of commercial motor vehicle parking.
(f) Notification of Congress.--Not later than 3 business days
before 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.
(g) Treatment of Funds.--
(1) Treatment of projects.--Notwithstanding any other
provision of law, any project funded by a grant under this
section shall be treated as a project on a Federal-aid highway
under chapter 1 of title 23, United States Code.
(2) Federal share.--The Federal share of the cost of a
project under this section shall be determined in accordance
with subsections (b) and (c) of section 120 of title 23, United
States Code.
(h) 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''.
(i) Survey; Comparative Assessment; Report.--
(1) Update.--Not later than 18 months 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 and submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that--
(A) 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 truck
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.
(j) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31132 of
title 49, United States Code.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a political subdivision of a State or local
government carrying out responsibilities relating to
commercial motor vehicle parking; and
(E) a multistate or multijurisdictional group of
entities described in subparagraphs (A) through (D).
(3) Safety rest area.--The term ``safety rest area'' has
the meaning given such term in section 120(c) of title 23,
United States Code.
SEC. 1309. ACTIVE TRANSPORTATION CONNECTIVITY GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
an active transportation connectivity grant program to provide for safe
and connected active transportation facilities.
(b) Grant Authority.--In carrying out the program established in
subsection (a), the Secretary shall make grants, on a competitive
basis, in accordance with this section.
(c) Eligible Applicants.--The Secretary may make a grant under this
section to--
(1) a State;
(2) a metropolitan planning organization;
(3) a regional transportation authority;
(4) a unit of local government;
(5) a Federal land management agency;
(6) a natural resource or public land agency;
(7) a Tribal government or a consortium of Tribal
governments;
(8) any local or regional governmental entity with
responsibility for or oversight of transportation or
recreational trails; and
(9) a multistate or multijurisdictional group of entities
described in this subsection.
(d) Applications.--To be eligible for a grant under this section,
an entity specified under subsection (c) shall submit to the Secretary
an application in such form, at such time, and containing such
information as the Secretary determines is appropriate.
(e) Eligible Projects.--The Secretary shall provide grants under
this section to projects that improve the connectivity and the use of
active transportation facilities--
(1) including--
(A) active transportation networks;
(B) active transportation spines; and
(C) planning related to the development of--
(i) active transportation networks;
(ii) active transportation spines; and
(iii) complete streets plans to create a
connected network of active transportation
facilities, including sidewalks, bikeways, or
pedestrian and bicycle trails; and
(2) that have--
(A) total project costs of not less than
$15,000,000; or
(B) in the case of planning grants under subsection
(f), a total cost of not less than $100,000.
(f) Planning Grants.--Of the amounts made available to carry out
this section, the Secretary may use not more than 10 percent to provide
planning grants to eligible applicants for activities under subsection
(e)(1)(C).
(g) Considerations.--In making grants under this section, the
Secretary shall consider the extent to which--
(1) a project is likely to provide substantial additional
opportunities for walking and bicycling, including through the
creation of--
(A) active transportation networks connecting
destinations within or between communities, including
schools, workplaces, residences, businesses, recreation
areas, and other community areas; and
(B) active transportation spines connecting 2 or
more communities, metropolitan areas, or States;
(2) an applicant has adequately considered or will
consider, including through the opportunity for public comment,
the environmental justice and equity impacts of the project;
(3) the project would improve safety for vulnerable road
users, including through the use of complete street design
policies or a safe system approach; and
(4) a project integrates active transportation facilities
with public transportation services, where available, to
improve access to public transportation.
(h) Limitation.--
(1) In general.--The share of the cost of a project
assisted with a grant under this section may not exceed 80
percent.
(2) Maximum federal assistance.--Federal assistance other
than a grant under this section may be used to satisfy up to
100 percent of the total project cost.
(i) Eligible Project Costs.--Amounts made available for a project
under this section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
(j) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary of Transportation shall notify
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate of the intention to award such a grant.
(k) Treatment of Projects.--Notwithstanding any other provision of
law, a project carried out under this section shall be treated in the
manner described under section 133(i) of title 23, United States Code.
(l) Definitions.--In this section:
(1) Active transportation.--The term ``active
transportation'' means mobility options powered primarily by
human energy, including bicycling and walking.
(2) Active transportation network.--The term ``active
transportation network'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian
and bicycle trails, that connect destinations within a
community, a metropolitan area, or on Federal lands.
(3) Active transportation spine.--The term ``active
transportation spine'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian
and bicycle trails, that connect communities, metropolitan
areas, Federal lands, or States.
(4) Safe system approach.--The term ``safe system
approach'' has the meaning given such term in section 148(a) of
title 23, United States Code.
(5) Vulnerable road user.--The term ``vulnerable road
user'' has the meaning given such term in section 148(a) of
title 23, United States Code.
Subtitle D--Planning, Performance Management, and Asset Management
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``resiliency needs while
minimizing transportation-related fuel consumption and air
pollution'' and inserting ``resiliency and climate change
adaptation needs while reducing transportation-related fuel
consumption, air pollution, and greenhouse gas emissions'';
(2) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) STIP.--The term `STIP' means a statewide
transportation improvement program developed by a State under
section 135(g).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``and
transportation improvement programs'' and inserting
``and TIPs''; and
(B) by adding at the end the following:
``(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider direct and
indirect emissions of greenhouse gases.'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of MAP-21, each'' and
inserting ``Each'';
(B) in paragraph (3) by adding at the end the
following:
``(D) Considerations.--
``(i) Equitable and proportional
representation.--In designating officials or
representatives under paragraph (2), the
metropolitan planning organization shall
consider the equitable and proportional
representation of the population of the
metropolitan planning area.
``(ii) Savings clause.--Nothing in this
paragraph shall require a metropolitan planning
organization in existence on the date of
enactment of this subparagraph to be
restructured.
``(iii) Redesignation.--Notwithstanding
clause (ii), the requirements of this paragraph
shall apply to any metropolitan planning
organization redesignated under paragraph
(6).'';
(C) in paragraph (6)(B) by striking ``paragraph
(2)'' and inserting ``paragraphs (2) or (3)(D)''; and
(D) in paragraph (7)--
(i) by striking ``an existing metropolitan
planning area'' and inserting ``an urbanized
area''; and
(ii) by striking ``the existing
metropolitan planning area'' and inserting
``the area'';
(5) in subsection (g)--
(A) in paragraph (1) by striking ``a metropolitan
area'' and inserting ``an urbanized area'';
(B) in paragraph (2) by striking ``Mpos'' and
inserting ``Metropolitan planning areas'';
(C) in paragraph (3)(A) by inserting ``emergency
response and evacuation, climate change adaptation and
resilience,'' after ``disaster risk reduction,''; and
(D) by adding at the end the following:
``(4) Coordination between mpos.--
``(A) In general.--If more than 1 metropolitan
planning organization is designated within an urbanized
area under subsection (d)(7), the metropolitan planning
organizations designated within the area shall ensure,
to the maximum extent practicable, the consistency of
any data used in the planning process, including
information used in forecasting transportation demand.
``(B) Savings clause.--Nothing in this paragraph
requires metropolitan planning organizations designated
within a single urbanized area to jointly develop
planning documents, including a unified long-range
transportation plan or unified TIP.'';
(6) in subsection (h)(1)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) protect and enhance the environment, promote
energy conservation, reduce greenhouse gas emissions,
improve the quality of life and public health, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns, including housing and land use
patterns;'';
(B) in subparagraph (I)--
(i) by inserting ``, sea level rise,
extreme weather, and climate change'' after
``stormwater''; and
(ii) by striking ``and'' at the end;
(C) by redesignating subparagraph (J) as
subparagraph (L); and
(D) by inserting after subparagraph (I) the
following:
``(J) facilitate emergency management, response,
and evacuation and hazard mitigation;
``(K) improve the level of transportation system
access; and'';
(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 (L); 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; 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(c); and
``(iv) the general purposes described in
section 5301 of title 49.''; and
(ii) in subparagraph (D) by striking
``statewide transportation improvement
program'' and inserting ``STIP''; and
(C) in paragraph (3) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(3) in subsection (e)(3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(4) in subsection (f)--
(A) in paragraph (2)(D)--
(i) in clause (i) by inserting ``air
quality, public health, housing,
transportation, resilience, hazard mitigation,
emergency management,'' after
``conservation,''; and
(ii) by amending clause (ii) to read as
follows:
``(ii) Comparison and consideration.--
Consultation under clause (i) shall involve the
comparison of transportation plans to other
relevant plans and inventories, including, if
available--
``(I) State and tribal conservation
plans or maps; and
``(II) inventories of natural or
historic resources.'';
(B) in paragraph (3)(B)--
(i) by striking ``In carrying out'' and
inserting the following:
``(i) In general.--in carrying out'';
(ii) by redesignating clauses (i) through
(iv) as subclauses (I) through (IV),
respectively; and
(iii) by adding at the end the following:
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the State shall,
to the maximum extent practicable--
``(I) use virtual public
involvement, social media, and other
web-based tools to encourage public
participation and solicit public
feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(C) in paragraph (4)(A) by inserting ``reduce
greenhouse gas emissions and'' after ``potential to'';
and
(D) in paragraph (8) by inserting ``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
under this title''; and
(ii) in subparagraph (B)--
(I) by striking ``or under the
bridge program or the Interstate
maintenance program'';
(II) by striking ``5310, 5311,
5316, and 5317'' and inserting ``5310
and 5311''; and
(III) by striking ``statewide
transportation improvement program''
and inserting ``STIP'';
(F) in paragraph (7)--
(i) in the heading by striking
``Transportation improvement program'' and
inserting ``STIP''; and
(ii) by striking ``transportation
improvement program'' and inserting ``STIP'';
(G) in paragraph (8) by striking ``statewide
transportation plans and programs'' and inserting
``statewide transportation plans and STIPs''; and
(H) in paragraph (9) by striking ``transportation
improvement program'' and inserting ``STIP'';
(6) in subsection (h)(2)(A) by striking ``Not later than 5
years after the date of enactment of the MAP-21,'' and
inserting ``Not less frequently than once every 4 years,'';
(7) in subsection (k) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears; and
(8) in subsection (m) by striking ``transportation
improvement programs'' and inserting ``STIPs''.
SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
(a) In General.--Section 150 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following:
``(7) Combating climate change.--To reduce carbon dioxide
and other greenhouse gas emissions and reduce the climate
impacts of the transportation system.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``Not later than
18 months after the date of enactment of the MAP-21,
the Secretary'' and inserting ``The Secretary''; and
(B) by adding at the end the following:
``(7) Greenhouse gas emissions.--The Secretary shall
establish, in consultation with the Administrator of the
Environmental Protection Agency, measures for States to use to
assess--
``(A) carbon dioxide emissions per capita on public
roads; and
``(B) any other greenhouse gas emissions per capita
on public roads that the Secretary determines to be
appropriate.'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year
after the Secretary has promulgated the final
rulemaking under subsection (c), each'' and
inserting ``Each''; and
(ii) by striking ``and (6)'' and inserting
``(6), and (7)''; and
(B) by adding at the end the following:
``(3) Regressive targets.--
``(A) In general.--A State may not establish a
regressive target for the measures described under
paragraph (4) or paragraph (7) of subsection (c).
``(B) Regressive target defined.--In this
paragraph, the term `regressive target' means a target
that fails to demonstrate constant or improved
performance for a particular measure.'';
(4) in subsection (e)--
(A) by striking ``Not later than 4 years after the
date of enactment of the MAP-21 and biennially
thereafter, a'' and inserting ``A''; and
(B) by inserting ``biennial'' after ``the Secretary
a''; and
(5) by adding at the end the following:
``(f) Transportation System Access.--
``(1) In general.--The Secretary shall establish measures
for States and metropolitan planning organizations to use to
assess the level of safe, reliable, and convenient
transportation system access to--
``(A) employment; and
``(B) services.
``(2) Considerations.--The measures established pursuant to
paragraph (1) shall include the ability for States and
metropolitan planning organizations to assess--
``(A) the change in the level of transportation
system access for various modes of travel, including
connection to other modes of transportation, that would
result from new transportation investments; and
``(B) the level of transportation system access for
economically disadvantaged communities, including to
affordable housing.
``(3) Definition of services.--In this subsection, the term
`services' includes healthcare facilities, child care,
education and workforce training, food sources, banking and
other financial institutions, and other retail shopping
establishments.''.
(b) Metropolitan Transportation Planning.--Section 134 of title 23,
United States Code, is further amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``Performance Target Achievement''
and inserting ``Performance Management'';
(B) by striking ``The TIP'' and inserting the
following:
``(i) In general.--The TIP''; and
(C) by adding at the end the following:
``(ii) Transportation management areas.--
For metropolitan planning areas that represent
an urbanized area designated as a
transportation management area under subsection
(k), the TIP shall include--
``(I) a discussion of the
anticipated effect of the TIP toward
achieving the performance targets
established in the metropolitan
transportation plan, linking investment
priorities to such performance targets;
and
``(II) a description of how the TIP
would improve the overall level of
transportation system access,
consistent with section 150(f).'';
(2) in subsection (k)--
(A) in paragraph (3)(A)--
(i) by striking ``shall address congestion
management'' and inserting the following:
``shall address--
``(i) congestion management'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the overall level of transportation
system access for various modes of travel
within the metropolitan planning area,
including the level of access for economically
disadvantaged communities, consistent with
section 150(f), that is based on a
cooperatively developed and implemented
metropolitan-wide strategy, assessing both new
and existing transportation facilities eligible
for funding under this title and chapter 53 of
title 49.''; and
(B) in paragraph (5)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the TIP approved under clause (ii)
improves the level of transportation system
access, consistent with section 150(f).''; and
(3) in subsection (l)(2)--
(A) by striking ``5 years after the date of
enactment of the MAP-21'' and inserting ``2 years after
the date of enactment of the INVEST in America Act, and
every 2 years thereafter'';
(B) in subparagraph (C) by striking ``and whether
metropolitan planning organizations are developing
meaningful performance targets; and'' and inserting a
semicolon; and
(C) by striking subparagraph (D) and inserting the
following:
``(D) a listing of all metropolitan planning
organizations that are establishing performance targets
and whether such performance targets established by the
metropolitan planning organization are meaningful or
regressive (as defined in section 150(d)(3)(B)); and
``(E) the progress of implementing the measure
established under section 150(f) and related
requirements under this section and section 135.''.
(c) Statewide and Nonmetropolitan Transportation Planning.--Section
135(g)(4) of title 23, United States Code, is further amended--
(1) by striking ``Performance Target Achievement'' and
inserting ``Performance Management'';
(2) by striking ``shall include, to the maximum extent
practicable, a discussion'' and inserting the following:
``shall include--
``(A) a discussion'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(B) a consideration of how the STIP impacts the
overall level of transportation system access,
consistent with section 150(f).''.
(d) Effective Date.--The amendment made by subsection (a)(3)(B)
shall take effect the day before the first day of the subsequent
performance period established pursuant to section 150 of title 23,
United States Code.
(e) Development of Greenhouse Gas Measure.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Transportation shall issue such regulations as are necessary to carry
out paragraph (7) of section 150(c) of title 23, United States Code, as
added by this Act.
(f) Development of Transportation System Access Measure.--
(1) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Transportation shall
establish a working group to assess the provisions of
paragraphs (1) and (2) of section 150(f) and make
recommendations regarding the establishment of measures for
States and metropolitan planning organizations to use to assess
the level of transportation system access for various modes of
travel, consistent with sections 134, 135, and 150(f) of title
23, United States Code.
(2) Members.--The working group established pursuant to
paragraph (1) shall include representatives from--
(A) the Department of Transportation;
(B) State departments of transportation, including
representatives that specialize in pedestrian and
bicycle safety;
(C) metropolitan planning organizations
representing transportation management areas (as those
terms are defined in section 134 of title 23, United
States Code);
(D) other metropolitan planning organizations or
local governments;
(E) providers of public transportation;
(F) nonprofit entities related to transportation,
including relevant safety groups;
(G) experts in the field of transportation access
data; and
(H) any other stakeholders, as determined by the
Secretary.
(3) Report.--
(A) Submission.--Not later than 1 year after the
establishment of the working group pursuant to
paragraph (1), the working group shall submit to the
Secretary a report of recommendations regarding the
establishment of measures for States and metropolitan
planning organizations to use to assess the level of
transportation system access, consistent with sections
134, 135, and 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 sections 134, 135, and 150(f) of
title 23, United States Code.
(5) Termination.--The Secretary shall terminate the working
group established pursuant to paragraph (1) on the date on
which the regulation issued pursuant to paragraph (4) takes
effect.
(g) Transportation System Access Data.--
(1) In general.--Not later than 90 days after the date on
which the Secretary of Transportation establishes the measure
required under section 150(f) of title 23, United States Code,
the Secretary shall develop or procure eligible transportation
system access data sets and analytical tools and make such data
sets and analytical tools available to State departments of
transportation and metropolitan planning areas that represent
transportation management areas.
(2) Requirements.--An eligible transportation system access
data set and analytical tool shall have the following
characteristics:
(A) The ability to quantify the level of safe,
reliable, and convenient transportation system access
to--
(i) employment;
(ii) services; and
(iii) connections to other modes of
transportation.
(B) The ability to quantify transportation system
access for various modes of travel, including--
(i) driving;
(ii) public transportation;
(iii) walking (including conveyance for
persons with disabilities); and
(iv) cycling (including micomobility).
(C) The ability to disaggregate the level of
transportation system access by various transportation
modes by a variety of population categories,
including--
(i) low-income populations;
(ii) minority populations;
(iii) age;
(iv) disability; and
(v) geographical location.
(D) The ability to assess the change in the level
of transportation system access that would result from
new transportation investments.
(3) Consideration.--An eligible transportation system
access data set and analytical tool shall take into
consideration safe and connected networks for walking, cycling,
and persons with disabilities.
(h) Definitions.--In this section:
(1) Transportation system access.--The term
``transportation system access'' has the meaning given such
term in section 101 of title 23, United States Code.
(2) Services.--The term ``services'' has the meaning given
such term in section 150(f) of title 23, United States Code.
SEC. 1404. TRANSPORTATION DEMAND DATA AND MODELING STUDY.
(a) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study on transportation demand data and modeling,
including transportation demand forecasting.
(2) Contents.--In carrying out the study under this
section, the Secretary shall--
(A) collect observed transportation demand data and
transportation demand forecasts from States and
metropolitan planning organizations, including data and
forecasts on--
(i) traffic counts;
(ii) transportation mode share and public
transportation ridership; and
(iii) vehicle occupancy measures;
(B) compare the transportation demand forecasts
with the observed transportation demand data gathered
under subparagraph (A); and
(C) use the information described in subparagraphs
(A) and (B) to--
(i) develop best practices and guidance for
States and metropolitan planning organizations
to use in forecasting transportation demand for
future investments in transportation
improvements;
(ii) evaluate the impact of transportation
investments, including new roadway capacity, on
transportation behavior and transportation
demand, including public transportation
ridership, induced highway transportation, and
congestion;
(iii) support more accurate transportation
demand forecasting by States and metropolitan
planning organizations;
(iv) enhance the capacity of States and
metropolitan planning organizations to--
(I) forecast transportation demand;
and
(II) track observed transportation
behavior responses, including induced
transportation, to changes in
transportation capacity, pricing, and
land use patterns; and
(v) develop transportation demand
management strategies to maximize the
efficiency of the transportation system,
improve mobility, reduce congestion, and lower
vehicle emissions.
(3) Covered entities.--In carrying out the study under this
section, the Secretary shall ensure that data and forecasts
described in paragraph (2)(A) are collected from--
(A) States;
(B) metropolitan planning organizations that serve
an area with a population of 200,000 people or fewer;
and
(C) metropolitan planning organizations that serve
an area with a population of over 200,000 people.
(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.
Subtitle E--Federal Lands, Tribes, and Territories
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``$158,000,000''
and inserting ``$210,000,000''; and
(B) in paragraph (2) by striking ``$42,000,000''
and inserting ``$100,000,000''; and
(2) in subsection (c)(2) by adding at the end the
following:
``(C) TIFIA.--Funds provided under this subsection
shall not be considered Federal assistance for purposes
of section 603(b)(9), as provided under subparagraph
(C) of such section.''.
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.--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.
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 to the Federal
Highway Administration, under the authority of
section 104, a portion of such amounts
necessary to address the condition of the
corridor.
``(B) State response.--Not later than 45 days after
the date of receipt of the request described in
subparagraph (A)(iii), the State shall--
``(i) approve the request;
``(ii) deny the request and explain the
reasons for such denial; or
``(iii) request any additional information
necessary to take action on the request.
``(C) Notification to the secretary.--The head of a
covered agency shall provide to the Secretary a copy of
any request described under subparagraph (A)(iii) and
response described under subparagraph (B).
``(D) Criteria.--In making a determination under
subparagraph (A), the head of a covered agency, with
respect to the corridor, shall consider--
``(i) the condition of roads, bridges, and
tunnels; and
``(ii) the average annual daily traffic.
``(E) Definitions.--In this paragraph:
``(i) Covered agency.--The term `covered
agency' means a Federal agency eligible to
receive funds under this section or section,
section 203, or section 204.
``(ii) High-commuter corridor.--The term
`high-commuter corridor' means a Federal lands
transportation facility that has average annual
daily traffic of not less than 20,000
vehicles.''.
SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 207 the following:
``Sec. 208. Federal lands and Tribal major projects program
``(a) Establishment.--The Secretary shall establish a Federal lands
and Tribal major projects program (referred to in this section as the
`program') to provide funding to construct, reconstruct, or
rehabilitate critical Federal lands and Tribal transportation
infrastructure.
``(b) Eligible Applicants.--
``(1) In general.--Except as provided in paragraph (2),
entities eligible to receive funds under sections 201, 202,
203, and 204 may apply for funding under the program.
``(2) Special rule.--A State, county, or unit of local
government may only apply for funding under the program if
sponsored by an eligible Federal land management agency or
Indian Tribe.
``(c) Eligible Projects.--An eligible project under the program
shall be a single continuous project 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 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.
``(2) Tribal projects.--The Federal share of the cost of a
project on a Tribal transportation facility shall be 100
percent.
``(j) Use of Funds.--For each fiscal year, of the amounts made
available to carry out this section, not more than 50 percent shall be
used for eligible projects on Federal lands transportation facilities
or Federal lands access transportation facilities and Tribal
transportation facilities, respectively.''.
(b) Clerical Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item relating to
section 207 the following new item:
``208. Federal lands and Tribal major projects program.''.
(c) Repeal.--Section 1123 of the FAST Act (23 U.S.C. 201 note), and
the item related to such section in the table of contents under section
1(b) of such Act, are repealed.
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
Section 102 of title 49, United States Code, is amended--
(1) in subsection (e)(1)--
(A) by striking ``6 Assistant'' and inserting ``7
Assistant'';
(B) in subparagraph (C) by striking ``; and'' and
inserting a semicolon;
(C) by redesignating subparagraph (D) as
subparagraph (E); and
(D) by inserting after subparagraph (C) the
following:
``(D) an Assistant Secretary for Tribal Government
Affairs, who shall be appointed by the President;
and''; and
(2) in subsection (f)--
(A) in the heading by striking ``Deputy Assistant
Secretary for Tribal Government Affairs'' and inserting
``Office of Tribal Government Affairs''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) Establishment.--There is established in the
Department an Office of Tribal Government Affairs, under the
Assistant Secretary for Tribal Government Affairs, to--
``(A) oversee the Tribal transportation self-
governance program under section 207 of title 23;
``(B) plan, coordinate, and implement policies and
programs serving Indian Tribes and Tribal
organizations;
``(C) coordinate Tribal transportation programs and
activities in all offices and administrations of the
Department;
``(D) provide technical assistance to Indian Tribes
and Tribal organizations; and
``(E) be a participant in any negotiated
rulemakings relating to, or having an impact on,
projects, programs, or funding associated with the
Tribal transportation program under section 202 of
title 23.''.
SEC. 1507. ALTERNATIVE CONTRACTING METHODS.
(a) Land Management Agencies and Tribal Governments.--Section 201
of title 23, United States Code, is amended by adding at the end the
following:
``(f) Alternative Contracting Methods.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may use a contracting method available to a
State under this title on behalf of--
``(A) a Federal land management agency, with
respect to any funds available pursuant to section 203
or 204;
``(B) a Federal land management agency, with
respect to any funds available pursuant to section 1535
of title 31 for any eligible use described in sections
203(a)(1) and 204(a)(1) of this title; or
``(C) a Tribal Government, with respect to any
funds available pursuant to section 202(b)(7)(D).
``(2) Methods described.--The contracting methods referred
to in paragraph (1) shall include, at a minimum--
``(A) project bundling;
``(B) bridge bundling;
``(C) design-build contracting;
``(D) 2-phase contracting;
``(E) long-term concession agreements; and
``(F) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.
``(3) Rule of construction.--Nothing in this subsection--
``(A) affects the application of the Federal share
for a project carried out with a contracting method
under this subsection; or
``(B) modifies the point of obligation of Federal
salaries and expenses.''.
(b) Use of Alternative Contracting Method.--In carrying out the
amendments made by this section, the Secretary shall--
(1) in consultation with the applicable Federal land
management agencies, establish procedures that are--
(A) applicable to each alternative contracting
method; and
(B) to the maximum extent practicable, consistent
with requirements for Federal procurement transactions;
(2) solicit input on the use of each alternative
contracting method from any affected industry prior to using
such method; and
(3) analyze and prepare an evaluation of the use of each
alternative contracting method.
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES.
(a) In General.--The Commissioner of the Bureau of Reclamation may
transfer ownership of a bridge that is owned by the Bureau of
Reclamation if--
(1) the ownership of the bridge is transferred to a State
with the concurrence of such State;
(2) the State to which ownership is transferred agrees to
operate and maintain the bridge;
(3) the transfer of ownership complies with all applicable
Federal requirements, including--
(A) section 138 of title 23, United States Code;
(B) section 306108 of title 54, United States Code;
and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(4) the Bureau of Reclamation and the State to which
ownership is being transferred jointly notify the Secretary of
Transportation of the intent to conduct a transfer prior to
such transfer.
(b) Access.--In a transfer of ownership of a bridge under this
section, the Commissioner of the Bureau of Reclamation--
(1) shall not be required to transfer ownership of the land
on which the bridge is located or any adjacent lands; and
(2) shall make arrangements with the State to which
ownership is being transferred to allow for adequate access to
such bridge, including for the purposes of construction,
maintenance, and bridge inspections pursuant to section 144 of
title 23, United States Code.
Subtitle F--Additional Provisions
SEC. 1601. TOWARD ZERO DEATHS.
(a) In General.--A local government, metropolitan planning
organization, or regional transportation planning organization may
develop and implement a vision zero plan to significantly reduce or
eliminate transportation-related fatalities and serious injuries within
a specified timeframe, not to exceed 20 years.
(b) Use of Funds.--Amounts apportioned to a State under paragraph
(2) or (3) of section 104(b) of title 23, United States Code, may be
used to carry out a vision zero plan under this section.
(c) Contents of Plan.--A vision zero plan under this section shall
include--
(1) a description of projects or policies intended to
significantly reduce or eliminate transportation-related
fatalities and serious injuries within a specified timeframe,
not to exceed 20 years, using existing transportation data and
consideration of risk factors;
(2) plans for implementation of, education of the public
about, and enforcement of such projects or policies;
(3) a description of how such projects or policies, and the
enforcement of such projects 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 implementation of the plan, including the gathering and use
of transportation safety and demographic data.
(d) Inclusions.--A vision zero plan may include a complete streets
prioritization plan that identifies a specific list of projects to--
(1) create a connected network of active transportation
facilities, including sidewalks, bikeways, or pedestrian and
bicycle trails, to connect communities and provide safe,
reliable, affordable, and convenient access to employment,
housing, and services, consistent with the goals described in
section 150(b) of title 23, United States Code;
(2) integrate active transportation facilities with public
transportation service or improve access to public
transportation; and
(3) improve transportation options for low-income and
minority communities.
(e) Coordination.--A vision zero plan under this section shall
provide for coordination of various subdivisions of a unit of local
government in the implementation of the plan, including subdivisions
responsible for law enforcement, public health, data collection, and
public works.
(f) Safety Performance Management.--A vision zero plan under this
section is not sufficient to demonstrate compliance with the safety
performance or planning requirements of section 148 or 150 of title 23,
United States Code.
SEC. 1602. SPEED LIMITS.
(a) Speed Limits.--The Secretary of Transportation shall revise the
Manual of Uniform Traffic Control Devices to provide for a safe systems
approach to setting speed limits, consistent with the safety
recommendations issued by the National Transportation Safety Board on
August 15, 2017, numbered H-17-27 and H-17-028.
(b) Considerations.--In carrying out subparagraph (A), the
Secretary shall consider--
(1) crash statistics;
(2) road geometry characteristics;
(3) roadside characteristics;
(4) traffic volume;
(5) the possibility and likelihood of human error;
(6) human injury tolerance;
(7) the prevalence of vulnerable road users; and
(8) any other consideration, consistent with a safe system
approach, as determined by the Secretary.
(c) Report on Speed Management Program Plan.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall update and
report on the implementation progress of the Speed Management Program
Plan of the Department of Transportation, as described in the safety
recommendation issued by the National Transportation Safety Board on
August 15, 2017, numbered H-17-018.
(d) Definitions.--In this section, the terms ``safe system
approach'' and ``vulnerable road user'' have the meanings given such
terms in section 148(a) of title 23, United States Code.
SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) Appropriate committees.--The term ``appropriate
committees'' means--
(A) the Committee on Transportation and
Infrastructure of the House of Representatives;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Commerce, Science, and
Transportation of the Senate;
(D) the Committee on Environment and Public Works
of the Senate;
(E) the Committee on Appropriations of the House of
Representatives; and
(F) the Committee on Appropriations of the Senate.
(2) 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 carry out projects relating to the
proper and effective installation and operation of broadband
infrastructure.
(3) 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).
(4) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried, underground, or aerial
facility, and any wireless or wireline connection that enables
the provision of broadband.
(5) Broadband infrastructure entity.--The term ``broadband
infrastructure entity'' means any entity, including a State or
local entity or a public-private partnership (between a State
or local entity and a private entity), that--
(A) installs, owns, or operates broadband
infrastructure; and
(B) provides broadband in a manner consistent with
the public interest, convenience, and necessity, as
determined by the State.
(6) Dig once requirement.--The term ``dig once
requirement'' means a requirement designed to reduce the number
and scale of repeated excavations for the installation and
maintenance of broadband facilities in rights-of-way.
(7) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(b) Broadband Infrastructure Deployment.--To facilitate the
installation of broadband infrastructure, the Secretary of
Transportation shall, not later than 6 months after the date of
enactment of this Act, issue regulations to ensure that each State that
receives funds under chapter 1 of title 23, United States Code, meets
the following requirements:
(1) Broadband consultation.--The State department of
transportation, in consultation with appropriate State
agencies, shall--
(A) identify a broadband utility 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;
(B) establish a process for the registration of
broadband infrastructure entities that seek to be
included in the broadband infrastructure right-of-way
facilitation efforts within the State;
(C) review existing State broadband plans,
including existing dig once requirements of the State
or municipal governments within the State, to determine
opportunities to coordinate projects occurring within
highway rights-of-way with planned broadband
infrastructure projects; and
(D) establish a process to electronically notify
broadband infrastructure entities registered under
subparagraph (B)--
(i) of the State transportation improvement
program on an annual basis;
(ii) of all projects within the highway
right-of-way for which Federal funding is
expected to be obligated in the subsequent
fiscal year; and
(iii) any opportunities for coordination
identified by the State under subparagraph (C).
(2) Priority.--If a State provides for the installation of
broadband infrastructure in the right-of-way of an applicable
Federal-aid highway project under this subsection, the State
department of transportation, along with appropriate State
agencies, shall carry out any appropriate measures to ensure
that any existing broadband infrastructure entities are not
disadvantaged, as compared to other broadband infrastructure
entities, with respect to the program under this subsection.
(3) Effect of subsection.--This subsection shall apply only
to activities for which Federal obligations or expenditures are
initially approved on or after the date regulations required
under this subsection become effective. Nothing in this section
establishes a mandate or requirement that a State install or
allow the installation of broadband infrastructure in a highway
right-of-way. Nothing in this section authorizes the Secretary
of Transportation to withhold or reserve funds or approval of a
project under title 23, United States Code.
(c) Dig Once Funding Task Force.--
(1) Establishment.--There is established an independent
task force on funding for dig once 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 a nationwide dig
once requirement; and
(B) propose and evaluate options for funding a
nationwide dig once requirement that includes--
(i) a discussion of the role of--
(I) the Federal Government;
(II) State, local, and Tribal
governments; and
(III) broadband infrastructure
entities; and
(ii) consideration of the role of existing
dig once requirements of State, local, and
Tribal governments, ensuring the expansion of
such requirements are not disincentivized.
(3) Reports.--
(A) Interim report and briefing.--Not later than 6
months after the date of enactment of this Act, the
Task Force shall submit to Congress an interim report
and provide for the appropriate committees briefings on
the findings of the Task Force.
(B) Final report.--Not later than 9 months after
the date of enactment of this Act, the Task Force shall
submit to Congress a final report on the findings of
the Task Force.
(4) Compositions and membership.--
(A) Membership.--The Task Force shall consist of 14
members, consisting of--
(i) the 2 cochairs described in
subparagraph (B); and
(ii) 1 member appointed by each of the
Chairs and Ranking Members of the appropriate
committees.
(B) Cochairs.--The Task Force shall be cochaired
by--
(i) the Secretary of Transportation; and
(ii) the Assistant Secretary of Commerce
for Communications and Information.
(C) Appointment deadline.--Members shall be
appointed to the Task Force not later than 60 days
after the date of enactment of this Act.
(D) Effect of lack of appointment by appointment
date.--If 1 or more appointments required under
subparagraph (A) is not made by the appointment date
specified in subparagraph (C), the authority to make
such appointment or appointments shall expire and the
number of members of the Commission shall be reduced by
the number equal to the number of appointments so
expired.
(E) Terms.--Members shall be appointed for the life
of the Task Force. A vacancy in the Task Force shall
not affect its powers and shall be filled in the same
manner as the initial appointment was made.
(5) Consultations.--In carrying out the duties required
under this subsection, the Task Force shall consult, at a
minimum--
(A) the Federal Communications Commission;
(B) agencies of States including--
(i) State departments of transportation;
and
(ii) appropriate State agencies;
(C) agencies of local and Tribal governments
responsible for--
(i) transportation and rights-of-way; and
(iii) broadband access (including agencies,
subdivisions, or affiliated organizations that
act as broadband infrastructure entities); and
(D) broadband infrastructure entities and other
telecommunications providers.
(6) Termination.--The Task Force shall terminate not later
than 90 days after issuance of the final report required under
paragraph (3)(B).
SEC. 1604. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING FLEXIBILITY.
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.
SEC. 1605. STORMWATER BEST MANAGEMENT PRACTICES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation and the
Administrator shall seek to enter into an agreement with the
Transportation Research Board of the National Academy of
Sciences to under which the Transportation Research Board shall
conduct a study--
(A) to estimate pollutant loads from stormwater
runoff from highways and pedestrian facilities eligible
for assistance under title 23, United States Code, to
inform the development of appropriate total maximum
daily load requirements;
(B) to provide recommendations (including
recommended revisions to existing laws and regulations)
regarding the evaluation and selection by State
departments of transportation of potential stormwater
management and total maximum daily load compliance
strategies within a watershed, including environmental
restoration and pollution abatement carried out under
section 328 of title 23, United States Code;
(C) to examine the potential for the Secretary to
assist State departments of transportation in carrying
out and communicating stormwater management practices
for highways and pedestrian facilities that are
eligible for assistance under title 23, United States
Code, through information-sharing agreements, database
assistance, or an administrative platform to provide
the information described in subparagraphs (A) and (B)
to entities issued permits under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.); and
(D) to examine the benefit of concentrating
stormwater retrofits in impaired watersheds and
selecting such retrofits according to a process that
depends on a watershed management plan developed in
accordance with section 319 of the Federal Water
Pollution Control Act (33 U.S.C. 1329).
(2) Requirements.--In conducting the study under the
agreement entered into pursuant to paragraph (1), the
Transportation Research Board shall--
(A) review and supplement, as appropriate, the
methodologies examined and recommended in the 2019
report of the National Academies of Sciences,
Engineering, and Medicine titled ``Approaches for
Determining and Complying with TMDL Requirements
Related to Roadway Stormwater Runoff'';
(B) consult with--
(i) the Secretary of Transportation;
(ii) the Administrator;
(iii) the Secretary of the Army, acting
through the Chief of Engineers; and
(iv) 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 Secretary of Transportation shall
update and reissue the best management practices reports to
reflect new information and advancements in stormwater
management.
(2) Updates.--Not less frequently than once every 5 years
after the date on which the Secretary reissues the best
management practices reports under paragraph (1), the Secretary
shall update and reissue the best management practices reports,
unless the contents of the best management practices reports
have been incorporated (including by reference) into applicable
regulations of the Secretary.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best management practices reports.--The term ``best
management practices reports'' means--
(A) the 2014 report sponsored by the Department of
Transportation titled ``Determining the State of the
Practice in Data Collection and Performance Measurement
of Stormwater Best Management Practices'' (FHWA-HEP-16-
021); and
(B) the 2000 report sponsored by the Department of
Transportation titled ``Stormwater Best Management
Practices in an Ultra-Urban Setting: Selection and
Monitoring''.
(3) Total maximum daily load.--The term ``total maximum
daily load'' has the meaning given such term in section 130.2
of title 40, Code of Federal Regulations (or successor
regulations).
SEC. 1606. PEDESTRIAN RIGHT-OF-WAY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Architectural and Transportation Barriers Compliance
Board established under section 502(a)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 792), in consultation with the Secretary of
Transportation, shall establish guidelines setting forth minimum
standards for pedestrian facilities in the public right-of-way.
(b) Content of Guidance.--The guidelines described in subsection
(a) shall be substantially similar to--
(1) the notice of proposed rulemaking published on July 26,
2011, titled ``Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way'' (76 Fed. Reg. 44664);
and
(2) the supplemental notice of proposed rulemaking
published on February 13, 2013, titled ``Accessibility
Guidelines for Pedestrian Facilities in the Public Right-of-
Way; Shared Use Paths'' (78 Fed. Reg. 10110).
(c) Adoption of Regulations.--Not later than 180 days after the
establishment of the guidelines pursuant to subsection (a), the
Secretary shall issue such regulations as are necessary to adopt such
guidelines.
SEC. 1607. HIGHWAY FORMULA MODERNIZATION REPORT.
(a) Highway Formula Modernization Study.--
(1) In general.--The Secretary of Transportation, in
consultation with the American Association of State
Transportation Officials 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 section 104(c) of title 23, United States Code, and issue
recommendations on such method and data.
(2) Assessment.--The highway formula modernization study
required under paragraph (1) shall include an assessment of,
based on the latest available data, whether the apportionment
method under such section results in--
(A) an equitable distribution of funds based on the
estimated tax payments attributable to--
(i) highway users in the State that are
paid into the Highway Trust Fund; and
(ii) individuals in the State that are paid
to the Treasury, based on contributions to the
Highway Trust Fund from the general fund of the
Treasury; and
(B) the achievement of the goals described in
section 101(b)(3) of title 23, United States Code.
(3) Considerations.--In carrying out the assessment under
paragraph (2), the Secretary shall consider the following:
(A) The factors described in sections 104(b),
104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23,
United States Code, as in effect on the date of
enactment of SAFETEA-LU (Public Law 109-59).
(B) The availability and accuracy of data necessary
to calculate formula apportionments under the factors
described in subparagraph (A).
(C) The measures established under section 150 of
title 23, United States Code, and whether such measures
are appropriate for consideration as formula
apportionment factors.
(D) The results of the CMAQ formula modernization
study required under subsection (b).
(E) Any other factors that the Secretary determines
are appropriate.
(4) Recommendations.--The Secretary shall, in consultation
with the American Association of State Transportation Officials
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 shall provide to the Secretary an
analysis of--
(A) factors that contribute to the apportionment,
including population, types of pollutants, and severity
of pollutants;
(B) the weighting of the factors listed under
subparagraph (A); and
(C) the recency of the data used in making the
apportionment under section 104(b)(4) of title 23,
United States Code.
(3) Recommendations.--If, in conducting the study under
this subsection, the Secretary finds that modifying the
apportionment method under section 104(b)(4) of title 23,
United States Code, would best achieve the air quality goals of
section 149 of title 23, United States Code, the Secretary
shall, in consultation with the Administrator, include in such
study recommendations for a new apportionment method,
including--
(A) the factors recommended to be included in such
apportionment method;
(B) the weighting recommended to be applied to the
factors under subparagraph (A); and
(C) any other recommendations to ensure that the
apportionment method best achieves the air quality
goals section 149 of such title.
(c) Report.--No later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report containing the
results of the highway formula modernization study and the CMAQ formula
modification study.
SEC. 1608. CONSOLIDATION OF PROGRAMS.
Section 1519 of MAP-21 (Public Law 112-141) is amended--
(1) in subsection (a)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2022 through 2025''; and
(B) by striking ``$3,500,000'' and inserting
``$4,000,000'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Federal Share.--The Federal share of the cost of a project or
activity carried out under subsection (a) shall be 100 percent.''.
SEC. 1609. STUDENT OUTREACH REPORT TO CONGRESS.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report that describes the efforts of the Department of Transportation
to encourage elementary, secondary, and post-secondary students to
pursue careers in the surface transportation sector.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a description of efforts to increase awareness of
careers related to surface transportation among elementary,
secondary, and post-secondary students;
(2) a description of efforts to prepare and inspire such
students for surface transportation careers;
(3) a description of efforts to support the development of
a diverse, well-qualified workforce for future surface
transportation needs; and
(4) the effectiveness of the efforts described in
paragraphs (1) through (3).
SEC. 1610. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE
TRANSPORTATION WORKFORCE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall establish a task
force on developing a 21st century surface transportation workforce (in
this section referred to as the ``Task Force'').
(b) Duties.--Not later than 12 months after the establishment of
the Task Force under subsection (a), the Task Force shall develop and
submit to the Secretary recommendations and strategies for the
Department of Transportation to--
(1) evaluate the current and future state of the surface
transportation workforce, including projected job needs in the
surface transportation sector;
(2) identify factors influencing individuals pursuing
careers in surface transportation, including barriers to
attracting individuals into the workforce;
(3) address barriers to retaining individuals in surface
transportation careers;
(4) identify and address potential impacts of emerging
technologies on the surface transportation workforce;
(5) increase access for vulnerable or underrepresented
populations, especially women and minorities, to high-skill,
in-demand surface transportation careers;
(6) facilitate and encourage elementary, secondary, and
post-secondary students in the United States to pursue careers
in the surface transportation sector; and
(7) identify and develop pathways for students and
individuals to secure pre-apprenticeships, registered
apprenticeships, and other work-based learning opportunities in
the surface transportation sector of the United States.
(c) Considerations.--In developing recommendations and strategies
under subsection (b), the Task Force shall--
(1) identify factors that influence whether young people
pursue careers in surface transportation, especially
traditionally underrepresented populations, including women and
minorities;
(2) consider how the Department, businesses, industry,
labor, educators, and other stakeholders can coordinate efforts
to support qualified individuals in pursuing careers in the
surface transportation sector;
(3) identify methods of enhancing surface transportation
pre-apprenticeships and registered apprenticeships, job skills
training, mentorship, education, and outreach programs that are
exclusive to youth in the United States; and
(4) identify potential sources of funding, including grants
and scholarships, that may be used to support youth and other
qualified individuals in pursuing careers in the surface
transportation sector.
(d) Consultation.--In developing the recommendations and strategies
required under subsection (b), the Task Force may consult with--
(1) local educational agencies and institutes of higher
education, including community colleges and vocational schools;
and
(2) State workforce development boards.
(e) Report.--Not later than 60 days after the submission of the
recommendations and strategies under subsection (b), the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a report containing such recommendations and
strategies.
(f) Composition of Task Force.--The Secretary shall appoint members
to the Task Force whose diverse background and expertise allow such
members to contribute balanced points of view and ideas in carrying out
this section, comprised of equal representation from each of the
following:
(1) Industries in the surface transportation sector.
(2) Surface transportation sector labor organizations.
(3) Such other surface transportation stakeholders and
experts as the Secretary considers appropriate.
(g) Period of Appointment.--Members shall be appointed to the Task
Force for the duration of the existence of the Task Force.
(h) Compensation.--Task Force members shall serve without
compensation.
(i) Sunset.--The Task Force shall terminate upon the submission of
the report required under subsection (e).
(j) Definitions.--In this section:
(1) Pre-apprenticeship.--The term ``pre-apprenticeship''
means a training model or program that prepares individuals for
acceptance into a registered apprenticeship and has a
demonstrated partnership with 1 or more registered
apprenticeships.
(2) Registered apprenticeship.--The term ``registered
apprenticeship'' means an apprenticeship program registered
under the Act of August 16, 1937 (29 U.S.C. 50 et seq.;
commonly known as the ``National Apprenticeship Act''), that
satisfies the requirements of parts 29 and 30 of title 29, Code
of Federal Regulations (as in effect on January 1, 2020).
SEC. 1611. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES.
Section 140(b) of title 23, United States Code, is amended to read
as follows:
``(b) Workforce Training and Development.--
``(1) In general.--The Secretary, in cooperation with the
Secretary of Labor and any other department or agency of the
Government, State agency, authority, association, institution,
Indian Tribal government, corporation (profit or nonprofit), or
any other organization or person, is authorized to develop,
conduct, and administer surface transportation and technology
training, including skill improvement programs, and to develop
and fund summer transportation institutes.
``(2) State responsibilities.--A State department of
transportation participating in the program under this
subsection shall--
``(A) develop an annual workforce plan that
identifies immediate and anticipated workforce gaps and
underrepresentation of women and minorities and a
detailed plan to fill such gaps and address such
underrepresentation;
``(B) establish an annual workforce development
compact with the State workforce development board and
appropriate agencies to provide a coordinated approach
to workforce training, job placement, and
identification of training and skill development
program needs, which shall be coordinated to the extent
practical with an institution or agency, such as a
State workforce development board under section 101 of
the Workforce Innovation and Opportunities Act (29
U.S.C. 3111), that has established skills training,
recruitment, and placement resources; and
``(C) demonstrate program outcomes, including--
``(i) impact on areas with transportation
workforce shortages;
``(ii) diversity of training participants;
``(iii) number and percentage of
participants obtaining certifications or
credentials required for specific types of
employment;
``(iv) employment outcome, including job
placement and job retention rates and earnings,
using performance metrics established in
consultation with the Secretary of Labor and
consistent with metrics used by programs under
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.); and
``(v) to the extent practical, evidence
that the program did not preclude workers that
participate in training or registered
apprenticeship activities under the program
from being referred to, or hired on, projects
funded under this chapter.
``(3) Funding.--From administrative funds made available
under section 104(a), the Secretary shall deduct such sums as
necessary, not to exceed $10,000,000 in each fiscal year, for
the administration of this subsection. Such sums shall remain
available until expended.
``(4) Nonapplicability of title 41.--Subsections (b)
through (d) of section 6101 of title 41 shall not apply to
contracts and agreements made under the authority granted to
the Secretary under this subsection.
``(5) Use of surface transportation 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 may be
available to carry out this subsection upon request of the
State transportation department to the Secretary.''.
SEC. 1612. WORK ZONE SAFETY.
Section 504(e)(1) of title 23, United States Code, is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by inserting after subparagraph (E) the following:
``(F) tuition and direct educational expenses or
other costs of instruction related to the work zone
safety training and certification of employees of State
and local transportation agencies and surface
transportation construction workers;''.
SEC. 1613. TRANSPORTATION EDUCATION DEVELOPMENT PROGRAM.
Section 504 of title 23, United States Code, is amended--
(1) in subsection (e)(1) by inserting ``and (8) through
(9)'' after ``paragraphs (1) through (4)''; and
(2) in subsection (f) by adding at the end the following:
``(4) Reports.--The Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual report that includes--
``(A) a list of all grant recipients under this
subsection;
``(B) an explanation of why each recipient was
chosen in accordance with the criteria under paragraph
(2);
``(C) a summary of each recipient's objective to
carry out the purpose described in paragraph (1) and an
analysis of progress made toward achieving each such
objective;
``(D) an accounting for the use of Federal funds
obligated or expended in carrying out this subsection;
and
``(E) an analysis of outcomes of the program under
this subsection.''.
SEC. 1614. WORKING GROUP ON CONSTRUCTION RESOURCES.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a working group (in this section referred to as the ``Working Group'')
to conduct a study on access to covered resources for infrastructure
projects.
(b) Membership.--
(1) Appointment.--The Secretary shall appoint to the
Working Group individuals with knowledge and expertise in the
production and transportation of covered resources.
(2) Representation.--The Working Group shall include at
least 1 representative of each of the following:
(A) State departments of transportation.
(B) State agencies associated with covered
resources protection.
(C) State planning and geologic survey and mapping
agencies.
(D) Commercial motor vehicle operators, including
small business operators and operators who transport
covered resources.
(E) Covered resources producers.
(F) Construction contractors.
(G) Metropolitan planning organizations and
regional planning organizations.
(H) Indian Tribes, including Tribal elected
leadership or Tribal transportation officials.
(I) Any other stakeholders that the Secretary
determines appropriate.
(3) Termination.--The Working Group shall terminate 6
months after the date on which the Secretary receives the
report under subsection (e)(1).
(c) Duties.--In carrying out the study required under subsection
(a), the Working Group shall analyze--
(1) the use of covered resources in transportation projects
funded with Federal dollars;
(2) how the proximity of covered resources to such projects
affects the cost and environmental impact of such projects;
(3) whether and how State, Tribal, and local transportation
and planning agencies consider covered resources when
developing transportation projects; and
(4) any challenges for transportation project sponsors
regarding access and proximity to covered resources.
(d) Consultation.--In carrying out the study required under
subsection (a), the Working Group shall consult with, as appropriate--
(1) chief executive officers of States;
(2) State, Tribal, and local transportation and planning
agencies;
(3) other relevant State, Tribal, and local agencies,
including State agencies associated with covered resources
protection;
(4) members of the public with industry experience with
respect to covered resources;
(5) other Federal entities that provide funding for
transportation projects; and
(6) any other stakeholder the Working Group determines
appropriate.
(e) Reports.--
(1) Working group report.--Not later than 2 years after the
date on which the Working Group is established, the Working
Group shall submit to the Secretary a report that includes--
(A) the findings of the study required under
subsection (a), including a summary of comments
received during the consultation process under
subsection (d); and
(B) any recommendations to preserve access to and
reduce the costs and environmental impacts of covered
resources for infrastructure projects.
(2) Departmental report.--Not later than 3 months after the
date on which the Secretary receives the report under paragraph
(1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a summary of the findings under such report
and any recommendations, as appropriate.
(f) Definitions.--In this section:
(1) Covered resources.--The term ``covered resources''
means common variety materials used in transportation
infrastructure construction and maintenance, including stone,
sand, and gravel.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or
possession of the United States.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
SEC. 2101. AUTHORIZATIONS.
(a) In General.--Section 5338 of title 49, United States Code, is
amended to read as follows:
``Sec. 5338. Authorizations
``(a) Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections
5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328,
5335, 5337, 5339, and 5340--
``(A) $16,185,800,000 for fiscal year 2022;
``(B) $16,437,600,000 for fiscal year 2023;
``(C) $16,700,600,000 for fiscal year 2024; and
``(D) $16,963,600,000 for fiscal year 2025.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $189,879,151 for fiscal year 2022,
$192,841,266 for fiscal year 2023, $195,926,726 for
fiscal year 2024, and $199,002,776 for fiscal year
2025, shall be available to carry out section 5305;
``(B) $7,505,830,848 for fiscal year 2022,
$7,622,921,809 for fiscal year 2023, $7,744,888,558 for
fiscal year 2024, and $7,866,483,309 for fiscal year
2025 shall be allocated in accordance with section 5336
to provide financial assistance for urbanized areas
under section 5307;
``(C) $101,510,000 for fiscal year 2022,
$103,093,556 for fiscal year 2023, $104,743,053 for
fiscal year 2024, and $106,387,519 for fiscal year 2025
shall be available for grants under section 5308;
``(D) $434,830,298 for fiscal year 2022,
$441,613,651 for fiscal year 2023, $448,679,469 for
fiscal year 2024, and $455,723,737 for fiscal year 2025
shall be available to carry out section 5310, of which
not less than--
``(i) $5,075,500 for fiscal year 2022,
$5,154,678 for fiscal year 2023, $5,237,153 for
fiscal year 2024, and $5,319,376 for fiscal
year 2025 shall be available to carry out
section 5310(j); and
``(ii) $20,302,000 for fiscal year 2022,
$20,618,711 for fiscal year 2023, $20,948,611
for fiscal year 2024, and $21,277,504 for
fiscal year 2025 shall be available to carry
out section 5310(k);
``(E) $1,025,199,724 for fiscal year 2022,
$1,041,192,839 for fiscal year 2023, $1,057,851,925 for
fiscal year 2024, and $1,074,460,200 for fiscal year
2025 shall be available to carry out section 5311, of
which not less than--
``(i) $45,679,500 for fiscal year 2022,
$46,392,100 for fiscal year 2023, $47,134,374
for fiscal year 2024, and $47,874,383 for
fiscal year 2025 shall be available to carry
out section 5311(c)(1); and
``(ii) $50,755,000 for fiscal year 2022,
$51,546,778 for fiscal year 2023, $52,371,526
for fiscal year 2024, and $53,193,759 for
fiscal year 2025 shall be available to carry
out section 5311(c)(2);
``(F) $33,498,300 for fiscal year 2022, $34,020,873
for fiscal year 2023, $34,565,207 for fiscal year 2024,
and $35,107,881 for fiscal year 2025 shall be available
to carry out section 5312, of which not less than--
``(i) $5,075,500 for fiscal year 2022,
$5,154,678 for fiscal year 2023, $5,237,153 for
fiscal year 2024, and $5,319,376 for fiscal
year 2025 shall be available to carry out each
of sections 5312(d)(3), 5312(d)(4) and 5312(j);
``(ii) $3,045,300 for fiscal year 2022,
$3,092,807 for fiscal year 2023, $3,142,292 for
fiscal year 2024, and $3,191,626 for fiscal
year 2025 shall be available to carry out
section 5312(h); and
``(iii) $10,151,000 for fiscal year 2022,
$10,309,356 for fiscal year 2023, $10,474,305
for fiscal year 2024, and $10,638,752 for
fiscal year 2025 shall be available to carry
out section 5312(i);
``(G) $23,347,300 for fiscal year 2022, $23,711,518
for fiscal year 2023, $24,090,902 for fiscal year 2024,
and $24,469,129 for fiscal year 2025 shall be available
to carry out section 5314, of which not less than--
``(i) $4,060,400 for fiscal year 2022,
$4,123,742 for fiscal year 2023, $4,189,722 for
fiscal year 2024, and $4,255,501 for fiscal
year 2025 shall be available to carry out
section of 5314(a);
``(ii) $5,075,500 for fiscal year 2022,
$5,154,678 for fiscal year 2023, $5,237,153 for
fiscal year 2024, and $5,319,376 for fiscal
year 2025 shall be available to carry out
section 5314(c); and
``(iii) $12,181,200 for fiscal year 2022,
$12,371,227 for fiscal year 2023, $12,569,166
for fiscal year 2024, and $12,766,502 for
fiscal year 2025 shall be available to carry
out section 5314(b)(2);
``(H) $5,075,500 for fiscal year 2022, $5,154,678
for fiscal year 2023, $5,237,153 for fiscal year 2024,
and $5,319,376 for fiscal year 2025 shall be available
to carry out section 5318;
``(I) $30,453,000 for fiscal year 2022, $30,928,067
for fiscal year 2023, $31,422,916 for fiscal year 2024,
and $31,916,256 for fiscal year 2025 shall be available
to carry out section 5328, of which not less than--
``(i) $25,377,500 for fiscal year 2022,
$25,773,389 for fiscal year 2023, $26,185,763
for fiscal year 2024, and $26,596,880 for
fiscal year 2025 shall be available to carry
out section of 5328(b); and
``(ii) $2,537,750 for fiscal year 2022,
$2,577,339 for fiscal year 2023, $2,618,576 for
fiscal year 2024, and $2,659,688 for fiscal
year 2025 shall be available to carry out
section 5328(c);
``(J) $4,060,400 for fiscal year 2022, $4,123,742
for fiscal year 2023, $4,189,722 for fiscal year 2024,
and $4,255,501 for fiscal year 2025 shall be available
to carry out section 5335;
``(K) $4,192,573,361 for fiscal year 2022,
$4,266,448,314 for fiscal year 2023, $4,344,093,870 for
fiscal year 2024, and $4,422,314,724 for fiscal year
2025 shall be available to carry out section 5337;
``(L) to carry out the bus formula program under
section 5339(a)--
``(i) $1,240,328,213 for fiscal year 2022,
$1,259,667,334 for fiscal year 2023,
$1,279,832,171 for fiscal year 2024, and
$1,299,925,536 for fiscal year 2025; except
that
``(ii) 15 percent of the amounts under
clause (i) shall be available to carry out
5339(d);
``(M) $437,080,000 for fiscal year 2022,
$424,748,448 for fiscal year 2023, $387,944,423 for
fiscal year 2024, and $351,100,151 for fiscal year 2025
shall be available to carry out section 5339(b);
``(N) $375,000,000 for fiscal year 2022,
$400,000,000 for fiscal year 2023, $450,000,000 for
fiscal year 2024, and $500,000,000 for fiscal year 2025
shall be available to carry out section 5339(c); and
``(O) $587,133,905 for each of fiscal years 2022
through 2025 shall be available to carry out section
5340 to provide financial assistance for urbanized
areas under section 5307 and rural areas under section
5311, of which--
``(i) $309,688,908 for each of fiscal years
2022 through 2025 shall be for growing States
under section 5340(c); and
``(ii) $277,444,997 for each of fiscal
years 2022 through 2025 shall be for high
density States under section 5340(d).
``(b) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309 $3,500,000,000 for fiscal year
2022, $4,250,000,000 for fiscal year 2023, $5,000,000,000 for fiscal
year 2024, and 5,500,000,000 for fiscal year 2025.
``(c) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $142,060,785 for fiscal year 2022,
$144,191,696 for fiscal year 2023, $146,412,248 for fiscal year
2024, and 148,652,356 for fiscal year 2025.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $6,000,000 for
each of fiscal years 2022 through 2025 shall be available to
carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (2), not less than $2,500,000 for each of fiscal
years 2022 through 2025 shall be available to carry out section
5326.
``(d) Oversight.--
``(1) In general.--Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described in
paragraph (2):
``(A) 0.5 percent of amounts made available to
carry out section 5305.
``(B) 0.75 percent of amounts made available to
carry out section 5307.
``(C) 1 percent of amounts made available to carry
out section 5309.
``(D) 1 percent of amounts made available to carry
out section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 126 Stat.
4968).
``(E) 0.5 percent of amounts made available to
carry out section 5310.
``(F) 0.5 percent of amounts made available to
carry out section 5311.
``(G) 1 percent of amounts made available to carry
out section 5337, of which not less than 25 percent of
such amounts shall be available to carry out section
5329 and of which not less than 10 percent of such
amounts shall be made available to carry out section
5320.
``(H) 1 percent of amounts made available to carry
out section 5339 of which not less than 10 percent of
such amounts shall be made available to carry out
section 5320.
``(2) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a
major capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial
compliance of a recipient or subrecipient of funds
under this chapter.
``(C) Activities to provide technical assistance
generally, and to provide technical assistance to
correct deficiencies identified in compliance reviews
and audits carried out under this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection/activities described in paragraph (2).
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the Secretary
before allocating the funds appropriated to carry out any
project under a full funding grant agreement.
``(e) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of the
cost of the project.
``(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance from the general fund of the
Treasury pursuant to this section is a contractual obligation
of the Government to pay the Government share of the cost of
the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
``(f) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.''.
(b) Conforming Amendments.--
(1) Section 5311 of title 49, United States Code, is
amended by striking ``5338(a)(2)(F)'' and inserting
``5338(a)(2)(E)''.
(2) Section 5312(i)(1) of title 49, United States Code, is
amended by striking ``5338(a)(2)(G)(ii)'' and inserting
``5338(a)(2)(F)(iii)''.
(3) Section 5333(b) of title 49, United States Code, is
amended by striking ``5328, 5337, and 5338(b)'' each place it
appears and inserting ``and 5337''.
(4) Section 5336 of title 49, United States Code, is
amended--
(A) in subsection (d)(1) by striking
``5338(a)(2)(C)'' and inserting ``5338(a)(2)(B)''; and
(B) in subsection (h) by striking ``5338(a)(2)(C)''
and inserting ``5338(a)(2)(B)''.
(5) Subsections (c) and (d)(1) of section 5327 of title 49,
United States Code, are amended by striking ``5338(f)'' and
inserting ``5338(d)''.
(6) Section 5340(b) of title 49, United States Code, is
amended by striking ``5338(b)(2)(N)'' and inserting
``5338(a)(2)(O)''.
SEC. 2102. CHAPTER 53 DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)(E)--
(A) by striking ``and the installation'' and
inserting ``, the installation''; and
(B) by inserting ``, and bikeshare projects'' after
``public transportation vehicles'';
(2) in paragraph (3)--
(A) in subparagraph (G) by striking clause (iii)
and inserting the following:
``(iii) provides a fair share of revenue
established by the Secretary that will be used
for public transportation, except for a joint
development that is a community service (as
defined by the Federal Transit Administration),
publicly operated facility, or offers a minimum
of 50 percent of units as affordable housing,
meaning legally binding affordability
restricted housing units available to tenants
with incomes below 60 percent of the area
median income or owners with incomes below the
area median;''; and
(B) in subparagraph (N)--
(i) by striking ``no emission'' and
inserting ``zero emission''; and
(ii) by striking ``(as defined in section
5339(c))''; and
(3) by adding at the end the following:
``(25) Resilience.--
``(A) In general.--The term `resilience' means,
with respect to a facility, the ability to--
``(i) anticipate, prepare for, or adapt to
conditions; or
``(ii) withstand, respond to, or recover
rapidly from disruptions.
``(B) Inclusions.--Such term includes, with respect
to a facility, the ability to--
``(i) resist hazards or withstand impacts
from disruptions;
``(ii) reduce the magnitude, duration, or
impact of a disruption; or
``(iii) have the absorptive capacity,
adaptive capacity, and recoverability to
decrease vulnerability to a disruption.
``(26) Assault on a transit worker.--The term `assault on a
transit worker' means any circumstance in which an individual
knowingly, without lawful authority or permission, and with
intent to endanger the safety of any individual, or with a
reckless disregard for the safety of human life, interferes
with, disables, or incapacitates any transit worker while the
transit worker is performing his or her duties.''.
SEC. 2103. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``urban area'' and
inserting ``urbanized area''; and
(ii) by striking ``operator can provide''
and inserting ``operator provides''; and
(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; and
``(iii) contracted by a local government
entity that provides local cost share to the
recipient.'';
(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.'';
(5) in subsection (r)--
(A) by inserting ``or beneficial'' after
``detrimental'';
(B) by striking the period at the end and inserting
``; and'';
(C) by striking ``under this chapter may not deny''
and inserting the following: ``under this chapter--
``(1) may not deny''; and
(D) by adding at the end the following:
``(2) shall respond to any request for reasonable access
within 75 days of the receipt of the request.''; and
(6) by striking subsection (t) and redesignating
subsections (u) and (v) as subsections (t) and (u),
respectively.
SEC. 2104. MISCELLANEOUS PROVISIONS.
(a) State of Good Repair Grants.--Section 5337(e) of title 49,
United States Code, is amended by adding at the end the following:
``(3) Accessibility costs.--Notwithstanding paragraph (1),
the Federal share of the net project cost of a project to
provide accessibility in compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) shall be 90
percent.''.
(b) Apportionments Based on Growing States and High Density States
Formula Factors.--Section 5340(a) of title 49, United States Code, is
amended by inserting ``and the District of Columbia'' after ``United
States''.
(c) Technical Assistance and Workforce Development.--Section 5314
of title 49, United States Code, is amended--
(1) in subsection (a)(1)(B)--
(A) in clause (i) by striking ``; and'' and
inserting a semicolon;
(B) in clause (ii) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) technical assistance to assist
recipients with the impacts of a new census
count.''; and
(2) in subsection (c)(4)(A) by inserting ``, 5311'' after
``5307''.
(d) Administrative Provisions.--Section 5334 of title 49, United
States Code, is amended by adding at the end the following:
``(l) Necessarily Implied Activities.--Notwithstanding any other
provision of law, in the event of a lapse in authorization or
appropriations for the Federal transit program under this title, the
administrative activities that are necessary to disburse valid
obligations are necessarily implied by the continued availability of
funding for making disbursements of amounts previously obligated,
pursuant to section 1553 of title 31.''.
(e) National Transit Database.--Section 5335 of title 49, United
States Code, is amended by inserting ``and any information on each
assault on a transit worker'' after ``by the recipient''.
(f) 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''.
(g) 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''.
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:
``(8) reduce the contributions of the surface
transportation system to the total carbon pollution of the
United States; and
``(9) improve the resiliency of the public transportation
network to withstand weather events and other natural
disasters.''.
SEC. 2106. FISCAL YEAR 2022 FORMULAS.
For fiscal year 2022, the Secretary shall apportion and distribute
formula funds provided for under chapter 53 of title 49, United States
Code, using data submitted to the 2019 National Transit Database.
Subtitle B--Improving Frequency and Ridership
SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND RIDERSHIP COMPETITIVE
GRANTS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5307 the following new section:
``Sec. 5308. Multi-jurisdictional bus frequency and ridership
competitive grants
``(a) In General.--The Secretary shall make grants under this
section, on a competitive basis, to eligible recipients to increase the
frequency and ridership of public transit buses.
``(b) Applications.--To be eligible for a grant under this section,
an eligible recipient shall submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require.
``(c) Application Timing.--Not later than 90 days after amounts are
made available to carry out this section, the Secretary shall solicit
grant applications from eligible recipients for projects described in
subsection (d).
``(d) Uses of Funds.--An eligible recipient of a grant under this
section shall use such grant for capital projects that--
``(1) increase--
``(A) the frequency of bus service;
``(B) bus ridership; and
``(C) total person throughput; and
``(2) are consistent with, and as described in, the design
guidance issued by the National Association of City
Transportation Officials and titled `Transit Street Design
Guide'.
``(e) Grant Criteria.--In making grants under this section, the
Secretary shall consider the following:
``(1) Each eligible recipient's projected increase in bus
frequency.
``(2) Each eligible recipient's projected increase in bus
ridership.
``(3) Each eligible recipient's projected increase in total
person throughput.
``(4) The degree of regional collaboration described in
each eligible recipient's application, including collaboration
with--
``(A) a local government entity that operates a
public transportation service;
``(B) local government agencies that control street
design;
``(C) metropolitan planning organizations (as such
term is defined in section 5303); and
``(D) State departments of transportation.
``(f) Grant Timing.--The Secretary shall award grants under this
section not later than 120 days after the date on which the Secretary
completes the solicitation described in subsection (c).
``(g) Requirements of the Secretary.--In carrying out the program
under this section, the Secretary shall--
``(1) not later than the date described in subsection (c),
publish in the Federal Register a list of all metrics and
evaluation procedures to be used in making grants under this
section; and
``(2) publish in the Federal Register--
``(A) a summary of the final metrics and
evaluations used in making grants under this section;
and
``(B) a list of the ratings of eligible recipients
receiving a grant under this section based on such
metrics and evaluations.
``(h) Federal Share.--
``(1) In general.--The Federal share of the cost of a
project carried out under this section shall not exceed 80
percent.
``(2) Restriction on grant amounts.--The Secretary may make
a grant for a project under this section in an amount up to 150
percent of the amount--
``(A) provided for such project under title 23; and
``(B) of remaining costs, as defined under section
5307(d)(3), that were budgeted for roadways for such
project.
``(i) Requirements of Section 5307.--Except as otherwise provided
in this section, a grant under this section shall be subject to the
requirements of section 5307.
``(j) Availability of Funds.--
``(1) In general.--Amounts made available to carry out this
section shall remain available for 4 fiscal years after the
fiscal year for which the amount was made available.
``(2) Unobligated amounts.--After the expiration of the
period described in paragraph (1) for an amount made available
to carry out this section, any unobligated amounts made
available to carry out this section shall be added to the
amounts made available for the following fiscal year.
``(k) Eligible Recipients.--In this section, the term `eligible
recipient' means a recipient of a grant under section 5307 in an
urbanized area with a population greater than 500,000.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5307 the following new item:
``5308. Multi-jurisdictional bus frequency and ridership competitive
grants.''.
SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FORMULA.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i) by striking ``95.61 percent'' and
inserting ``95 percent'';
(II) in clause (i) by striking
``95.61 percent'' and inserting ``95
percent''; and
(III) in clause (ii) by striking
``95.61 percent'' and inserting ``95
percent''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i) by striking ``4.39 percent'' and
inserting ``5 percent'';
(II) in clause (i)--
(aa) by inserting ``in the
highest 25 percent of routes by
ridership'' before ``multiplied
by''; and
(bb) by striking ``vehicle
passenger miles traveled for
each dollar of operating cost
in an area'' and inserting
``vehicles operating in peak
revenue service per hour in the
highest 25 percent of routes by
ridership''; and
(III) in clause (ii)--
(aa) by inserting ``in the
highest 25 percent of routes by
ridership'' before ``multiplied
by''; and
(bb) by striking ``vehicle
passenger miles traveled for
each dollar of operating cost
in all areas'' and inserting
``vehicles operating in peak
revenue service per hour in the
highest 25 percent of routes by
ridership''; and
(B) by adding at the end the following:
``(3) Special rule.--For fiscal year 2022, the percentage--
``(A) in paragraph (2)(A) in the matter preceding
clause (i) shall be treated as 100 percent; and
``(B) in paragraph (2)(B) in the matter preceding
clause (i) shall be treated as 0 percent.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``90.8 percent''
and inserting ``90 percent'' each place it appears;
(B) in paragraph (2)--
(i) by striking ``9.2 percent'' and
inserting ``8 percent'';
(ii) by striking ``200,000'' and inserting
``500,000'';
(iii) by striking subparagraph (A) and
inserting the following:
``(A) the number of bus passenger miles traveled on
the highest 25 percent of routes by ridership
multiplied by the number of buses operating in peak
revenue service per hour on the highest 25 percent of
routes by ridership; divided by''; and
(iv) by striking subparagraph (B) and
inserting the following:
``(B) the total number of bus passenger miles
traveled on the highest 25 percent of routes by
ridership multiplied by the total number of buses
operating in peak revenue service per hour on the
highest 25 percent of routes by ridership in all
areas.''; and
(C) by adding at the end the following:
``(3) 2 percent of the total amount apportioned under this
subsection shall be apportioned so that each urbanized area
with a population of at least 200,000 and less than 500,000 is
entitled to receive an amount using the formula in paragraph
(1).
``(4) For fiscal year 2022, the percentage--
``(A) in paragraph (1) in the matter preceding
subparagraph (A) shall be treated as 100 percent;
``(B) in paragraph (2) in the matter preceding
subparagraph (A) shall be treated as 0 percent; and
``(C) in paragraph (3) shall be treated as 0
percent.''; and
(3) by adding at the end the following:
``(k) Peak Revenue Service Defined.--In this section, the term
`peak revenue service' means the time period between the time that an
agency exceeds the number of midday vehicles in revenue service per
hour in the morning peak and the time that an agency falls below the
number of midday vehicles in revenue service per hour in the evening
peak.''.
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),
(3), and (4), the Federal share of the net cost of a project
carried out under this section shall not exceed 80 percent.
``(2) Mobility on demand service operating costs.--The
Federal share of the net cost of a project to provide for net
operating costs for mobility on demand services shall not
exceed 50 percent for any funds provided under section 5307.
``(3) Mobility as a service cost share.--Notwithstanding
paragraph (1), the Federal share of the net cost of mobility as
a service shall not exceed 90 percent.
``(4) Zero emission incentive.--Notwithstanding paragraphs
(1) and (2), the Federal share of the net cost of a project
described in paragraph (1) or (2) shall be reduced by 25
percent if such project involves an eligible use that uses a
vehicle that produces carbon dioxide or particulate matter.
``(c) Eligible Uses.--
``(1) In general.--The Secretary shall publish guidance
describing eligible activities that are reasonably expected
to--
``(A) increase transit ridership;
``(B) be complementary to fixed route transit
service; and
``(C) demonstrate substantial improvements in--
``(i) environmental metrics, including
standards established pursuant to the Clean Air
Act (42 U.S.C. 7401 et seq.) and greenhouse gas
performance targets established pursuant to
section 150(d) of title 23;
``(ii) traffic congestion;
``(iii) compliance with the requirements
under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
``(iv) low-income service to increase
access to employment, healthcare, and other
essential services;
``(v) service outside of transit agency
operating hours;
``(vi) low density service; and
``(vii) rural service.
``(2) Prohibition on use of funds.--Amounts used by a
covered recipient for projects eligible under this section may
not be used for--
``(A) single passenger vehicle miles (in a
passenger motor vehicle, as such term is defined in
section 32101, that carries less than 9 passengers),
unless the trip--
``(i) meets the definition of public
transportation; and
``(ii) begins or completes a fixed route
public transportation trip; or
``(B) deadhead vehicle miles.
``(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) National waiver.--
``(A) In general.--Except as provided in paragraph
(3), the Secretary may issue a national waiver for a
requirement applied to projects carried out under this
section pursuant to subsection (d) if the Secretary
determines that applying such requirement would be
inconsistent with the public interest.
``(B) Public notification and comment.--
``(i) In general.--Not later than 30 days
before issuing a waiver described in
subparagraph (A), the Secretary shall provide
notification and an opportunity for public
comment on such waiver.
``(ii) Notification requirements.--The
notification required under clause (i) shall be
provided to the public by electronic means,
including on the public website of the
Department of Transportation.
``(C) Final waiver.--Before a national waiver takes
effect, the Secretary shall publish a detailed
justification for such waiver that addresses all public
comments received under subparagraph (B) on the public
website for the Department of Transportation and in the
Federal Register.
``(2) Individual waiver.--Except as provided in paragraph
(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 applying such requirement
would be inconsistent with the public interest.
``(3) Waiver under other sections.--The Secretary may not
waive any requirement under paragraph (1) or (2) for which a
waiver is otherwise available.
``(4) Prohibition of waiver.--Notwithstanding paragraphs
(1) and (2), the Secretary may not waive any requirement of--
``(A) section 5333;
``(B) section 5331; and
``(C) section 5302(14).
``(5) Application of section 5320.--Notwithstanding
paragraphs (1), (2), and (3), the Secretary may only waive the
requirements of section 5320 with respect to--
``(A) a passenger vehicle owned by an individual;
and
``(B) subsection (q) of such section for any
passenger vehicle not owned by an individual for the
period beginning on the date of enactment of this
section and ending 3 years after such date.
``(f) Open Data Standards.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall initiate
procedures under subchapter III of chapter 5 of title 5 to
develop an open data standard and an application programming
interface necessary to carry out this section.
``(2) Regulations.--The regulations required under
paragraph (1) shall enable public transportation agencies,
mobility on demand providers, mobility as a service technology
providers, and local governments the efficient means to
transfer data to--
``(A) foster the efficient use of transportation
capacity;
``(B) enhance the management of new modes of
mobility;
``(C) enable the use of innovative planning tools;
``(D) enable single payment systems for all
mobility on demand services;
``(E) establish metropolitan planning organization,
State, and local government access to anonymized data
for transportation planning, real time operations data,
and rules;
``(F) safeguard personally identifiable
information;
``(G) protect confidential business information;
and
``(H) enhance cybersecurity protections.
``(3) 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, labor representatives, mobility on
demand providers, and mobility as a service technology
providers.
``(4) 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.
``(5) Extension of deadlines.--A deadline set forth in
paragraph (3) may be extended up to 180 days if the negotiated
rulemaking committee referred to in paragraph (4) concludes
that the committee cannot meet the deadline and the Secretary
so notifies the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
``(g) Application of Recipient Revenue Vehicle Miles.--With respect
to revenue vehicle miles with one passenger of a covered recipient
using amounts under this section, such miles--
``(1) shall be included in the National Transit Database
under section 5335; and
``(2) shall be excluded from vehicle revenue miles data
used in the calculation described in section 5336.
``(h) Savings Clause.--Subsection (c)(2) and subsection (g) shall
not apply to any eligible activities under this section if such
activities are being carried out in compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
``(i) Definitions.--In this section:
``(1) Deadhead vehicle miles.--The term `deadhead vehicle
miles' means the miles that a vehicle travels when out of
revenue service, including leaving or returning to the garage
or yard facility, changing routes, when there is no expectation
of carrying revenue passengers, and any miles traveled by a
private operator without a passenger.
``(2) Mobility as a service.--The term `mobility as a
service' means services that constitute the integration of
mobility on demand services and public transportation that are
available and accessible to all travelers, provide multimodal
trip planning, and a unified payment system.
``(3) Mobility on demand.--The term `mobility on demand'
means an on-demand transportation service shared among
individuals, either concurrently or one after another.
``(4) Covered recipient.--The term `covered recipient'
means a State or local government entity, private nonprofit
organization, or Tribe that--
``(A) operates a public transportation service; and
``(B) is a recipient or subrecipient of funds under
section 5307, 5310, or 5311.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5315 the following new item:
``5316. Mobility innovation.''.
SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2) by adding at the end the
following:
``(D) Census designation.--The Secretary may
approve a State program that allocates not more than 5
percent of such State's apportionment to assist rural
areas that were redesignated as urban areas not more
than 2 fiscal years after the last census designation
of urbanized area boundaries.''; and
(B) in paragraph (3) by striking ``section
5338(a)(2)(F)'' and inserting ``section
5338(a)(2)(E)'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``section 5338(a)(2)(F)'' and
inserting ``section 5338(a)(2)(E)'';
(ii) in subparagraph (A) by striking
``$5,000,000'' and inserting ``$10,000,000'';
and
(iii) in subparagraph (B) by striking
``$30,000,000'' and inserting ``the amount
remaining under section 5338(a)(2)(E)(i) after
the amount under subparagraph (A) is
distributed'';
(B) in paragraph (2)(C) by striking ``section
5338(a)(2)(F)'' and inserting ``section
5338(a)(2)(E)''; and
(C) in paragraph (3)--
(i) in subparagraph (A) by striking
``section 5338(a)(2)(F)'' and inserting
``section 5338(a)(2)(E)''; and
(ii) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) Land area.--
``(i) In general.--Subject to clause (ii),
each State shall receive an amount that is
equal to 15 percent of the amount apportioned
under this paragraph, multiplied by the ratio
of the land area in rural areas in that State
and divided by the land area in all rural areas
in the United States, as shown by the most
recent decennial census of population.
``(ii) Maximum apportionment.--No State
shall receive more than 5 percent of the amount
apportioned under clause (i).
``(C) Population.--Each State shall receive an
amount equal to 50 percent of the amount apportioned
under this paragraph, multiplied by the ratio of the
population of rural areas in that State and divided by
the population of all rural areas in the United States,
as shown by the most recent decennial census of
population.
``(D) Vehicle revenue miles.--
``(i) In general.--Subject to clause (ii),
each State shall receive an amount that is
equal to 25 percent of the amount apportioned
under this paragraph, multiplied by the ratio
of vehicle revenue miles in rural areas in that
State and divided by the vehicle revenue miles
in all rural areas in the United States, as
determined by national transit database
reporting.
``(ii) Maximum apportionment.--No State
shall receive more than 5 percent of the amount
apportioned under clause (i).
``(E) Low-income individuals.--Each State shall
receive an amount that is equal to 10 percent of the
amount apportioned under this paragraph, multiplied by
the ratio of low-income individuals in rural areas in
that State and divided by the number of low-income
individuals in all rural areas in the United States, as
shown by the Bureau of the Census.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``A State may
expend funds to continue service into another State to
extend a route.'' before ``Eligible activities under'';
and
(B) in paragraph (2) by inserting ``and makes the
certification and supporting documents publicly
available'' before the period at the end; and
(4) in subsection (g) by adding at the end the following:
``(6) Allowance for volunteer hours.--
``(A) Applicable regulations.--For any funds
provided by a department or agency of the Government
under paragraph (3)(D) or by a service agreement under
paragraph (3)(C), and such department or agency has
regulations in place that provide for the valuation of
volunteer hours as allowable in-kind contributions
toward the non-Federal share of project costs, such
regulations shall be used to determine the allowable
valuation of volunteer hours as an in-kind contribution
toward the non-Federal remainder of net project costs
for a transit project funded under this section.
``(B) Limitations.--Subparagraph (A) shall not
apply to the provision of fixed-route bus services
funded under this section.''.
SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.
Section 5310 of title 49, United States Code, is amended by adding
at the end the following:
``(j) One-stop Paratransit Program.--
``(1) In general.--Not later than 6 months after the date
of enactment of this subsection, the Secretary shall establish
a one-stop paratransit competitive grant program to encourage
an extra stop in non-fixed route Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) service for a paratransit
rider to complete essential tasks.
``(2) Preference.--The Secretary shall give preference to
eligible recipients that--
``(A) have comparable data for the year prior to
implementation of the grant program and made available
to the Secretary, academic and nonprofit organizations
for research purposes; and
``(B) plan to use agency personnel to implement the
pilot program.
``(3) Application criteria.--To be eligible to participate
in the grant program, an eligible recipient shall submit to the
Secretary an application containing such information as the
Secretary may require, including information on--
``(A) locations the eligible entity intends to
allow a stop at, if stops are limited, including--
``(i) childcare or education facilities;
``(ii) pharmacies;
``(iii) grocery stores; and
``(iv) bank or ATM locations;
``(B) methodology for informing the public of the
grant program;
``(C) vehicles, personnel, and other resources that
will be used to implement the grant program;
``(D) if the applicant does not intend the grant
program to apply to the full area under the
jurisdiction of the applicant, a description of the
geographic area in which the applicant intends the
grant program to apply; and
``(E) the anticipated amount of increased operating
costs.
``(4) Selection.--The Secretary shall seek to achieve
diversity of participants in the grant program by selecting a
range of eligible entities that includes at least--
``(A) 5 eligible recipients that serve an area with
a population of 50,000 to 200,000;
``(B) 10 eligible recipients that serve an area
with a population of over 200,000; and
``(C) 5 eligible recipients that provide
transportation for rural communities.
``(5) Data-sharing criteria.--An eligible recipient in this
subsection shall provide data as the Secretary requires,
including--
``(A) number of ADA paratransit trips conducted
each year;
``(B) requested time of each paratransit trip;
``(C) scheduled time of each paratransit trip;
``(D) actual pickup time for each paratransit trip;
``(E) average length of a stop in the middle of a
ride as allowed by this subsection;
``(F) any complaints received by a paratransit
rider;
``(G) rider satisfaction with paratransit services;
and
``(H) after the completion of the grant, an
assessment by the eligible recipient of its capacity to
continue a one-stop program independently.
``(6) Report.--
``(A) In general.--The Secretary shall make
publicly available an annual report on the program
carried out under this subsection for each fiscal year,
not later than December 31 of the calendar year in
which such fiscal year ends.
``(B) Contents.--The report required under
subparagraph (A) shall include a detailed description
of the activities carried out under the program, and an
evaluation of the program, including an evaluation of
the data shared by eligible recipients under paragraph
(5).''.
Subtitle C--Buy America and Other Procurement Reforms
SEC. 2301. BUY AMERICA.
(a) Buy America.--
(1) In general.--Chapter 53 of title 49, United States
Code, is amended by inserting before section 5321 the
following:
``Sec. 5320. Buy America
``(a) In General.--The Secretary may obligate an amount that may be
appropriated to carry out this chapter for a project only if the steel,
iron, and manufactured goods used in the project are produced in the
United States.
``(b) Waiver.--The Secretary may waive subsection (a) if the
Secretary finds that--
``(1) applying subsection (a) would be inconsistent with
the public interest;
``(2) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
``(3) when procuring rolling stock (including train
control, communication, traction power equipment, and rolling
stock prototypes) under this chapter--
``(A) the cost of components and subcomponents
produced in the United States is more than 70 percent
of the cost of all components of the rolling stock; and
``(B) final assembly of the rolling stock has
occurred in the United States; or
``(4) including domestic material will increase the cost of
the overall project by more than 25 percent.
``(c) Written Waiver Determination and Annual Report.--
``(1) Waiver procedure.--Not later than 120 days after the
submission of a request for a waiver, the Secretary shall make
a determination under subsection (b)(1), (b)(2), or (b)(4) as
to whether to waive subsection (a).
``(2) Public notification and comment.--
``(A) In general.--Not later than 30 days before
making a determination regarding a waiver described in
paragraph (1), the Secretary shall provide notification
and an opportunity for public comment on the request
for such waiver.
``(B) Notification requirements.--The notification
required under subparagraph (A) shall--
``(i) describe whether the application is
being made for a waiver described in subsection
(b)(1), (b)(2) or (b)(4); and
``(ii) be provided to the public by
electronic means, including on the public
website of the Department of Transportation.
``(3) Determination.--Before a determination described in
paragraph (1) takes effect, the Secretary shall publish a
detailed justification for such determination that addresses
all public comments received under paragraph (2)--
``(A) on the public website of the Department of
Transportation; and
``(B) if the Secretary issues a waiver with respect
to such determination, in the Federal Register.
``(4) Annual report.--Annually, the Secretary shall submit
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report listing any waiver
issued under paragraph (1) during the preceding year.
``(d) Rolling Stock Waiver Conditions.--
``(1) Labor costs for final assembly.--In this section,
labor costs involved in final assembly shall be included as a
separate component in the cost of components and subcomponents
under subsection (b)(3)(A).
``(2) High domestic content component bonus.--In this
section, in calculating the domestic content of the rolling
stock under subsection (b)(3), the percent, rounded to the
nearest whole number, of the domestic content in components of
such rolling stock, weighted by cost, shall be used in
calculating the domestic content of the rolling stock, except--
``(A) with respect to components that exceed--
``(i) 70 percent domestic content, the
Secretary shall add 10 additional percent to
the component's domestic content when
calculating the domestic content of the rolling
stock; and
``(ii) 75 percent domestic content, the
Secretary shall add 15 additional percent to
the component's domestic content when
calculating the domestic content of the rolling
stock; and
``(B) in no case may a component exceed 100
domestic content when calculating the domestic content
of the rolling stock.
``(3) Rolling stock frames or car shells.--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.
``(4) Treatment of waived components and subcomponents.--In
this section, a component or subcomponent waived under
subsection (b) shall be excluded from any part of the
calculation required under subsection (b)(3)(A).
``(5) Zero-emission vehicle domestic battery cell
incentive.--The Secretary shall provide an additional 2.5
percent of domestic content to the total rolling stock domestic
content percentage calculated under this section for any zero-
emission vehicle that uses only battery cells for propulsion
that are manufactured domestically.
``(e) Certification of Domestic Supply and Disclosure.--
``(1) Certification of domestic supply.--If the Secretary
denies an application for a waiver under subsection (b), the
Secretary shall provide to the applicant a written
certification that--
``(A) the steel, iron, or manufactured goods, as
applicable, (referred to in this paragraph as the
`item') is produced in the United States in a
sufficient and reasonably available amount;
``(B) the item produced in the United States is of
a satisfactory quality; and
``(C) includes a list of known manufacturers in the
United States from which the item can be obtained.
``(2) Disclosure.--The Secretary shall disclose the waiver
denial and the written certification to the public in an easily
identifiable location on the website of the Department of
Transportation.
``(f) Waiver Prohibited.--The Secretary may not make a waiver under
subsection (b) for goods produced in a foreign country if the
Secretary, in consultation with the United States Trade Representative,
decides that the government of that foreign country--
``(1) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
section; and
``(2) has violated the agreement by discriminating against
goods to which this section applies that are produced in the
United States and to which the agreement applies.
``(g) Penalty for Mislabeling and Misrepresentation.--A person is
ineligible under subpart 9.4 of the Federal Acquisition Regulation, or
any successor thereto, to receive a contract or subcontract made with
amounts authorized under title II of the INVEST in America Act if a
court or department, agency, or instrumentality of the Government
decides the person intentionally--
``(1) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this section applies but not produced in the United
States; or
``(2) represented that goods described in paragraph (1)
were produced in the United States.
``(h) State Requirements.--The Secretary may not impose any
limitation on assistance provided under this chapter that restricts a
State from imposing more stringent requirements than this subsection on
the use of articles, materials, and supplies mined, produced, or
manufactured in foreign countries in projects carried out with that
assistance or restricts a recipient of that assistance from complying
with those State-imposed requirements.
``(i) Opportunity to Correct Inadvertent Error.--The Secretary may
allow a manufacturer or supplier of steel, iron, or manufactured goods
to correct after bid opening any certification of noncompliance or
failure to properly complete the certification (but not including
failure to sign the certification) under this subsection if such
manufacturer or supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incorrect certification as a
result of an inadvertent or clerical error. The burden of establishing
inadvertent or clerical error is on the manufacturer or supplier.
``(j) Administrative Review.--A party adversely affected by an
agency action under this subsection shall have the right to seek review
under section 702 of title 5.
``(k) Steel and Iron.--For purposes of this section, steel and iron
meeting the requirements of section 661.5(b) of title 49, Code of
Federal Regulations, may be considered produced in the United States.
``(l) Definition of Small Purchase.--For purposes of determining
whether a purchase qualifies for a general public interest waiver under
subsection (b)(1), including under any regulation promulgated under
such subsection, the term `small purchase' means a purchase of not more
than $150,000.
``(m) Preaward and Postdelivery Review of Rolling Stock
Purchases.--
``(1) In general.--The Secretary shall prescribe
regulations requiring a preaward and postdelivery certification
of a rolling stock vehicle that meets the requirements of this
section and Government motor vehicle safety requirements to be
eligible for a grant under this chapter. For compliance with
this section--
``(A) Federal inspections and review are required;
``(B) a manufacturer certification is not
sufficient; and
``(C) a rolling stock vehicle that has been
certified by the Secretary remains certified until the
manufacturer makes a material change to the vehicle, or
adjusts the price of the vehicle, that reduces, by more
than half, the percentage of domestic content above 70
percent.
``(2) Certification of percentage.--The Secretary may, at
the request of a component or subcomponent manufacturer,
certify the percentage of domestic content and final assembly
for a component or subcomponent.
``(3) Freedom of information act.--In carrying out this
subsection, the Secretary shall consistently apply the
provisions of section 552 of title 5, including subsection
(b)(4) of such section.
``(4) Noncompliance.--The Secretary shall prohibit
recipients from procuring rolling stock, components, or
subcomponents from a supplier that intentionally provides false
information to comply with this subsection.
``(n) Scope.--The requirements of this section apply to all
contracts for a public transportation project carried out within the
scope of the applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
regardless of the funding source of such contracts, if at least one
contract for the public transportation project is funded with amounts
made available to carry out this chapter.
``(o) Buy America Conformity.--The Secretary shall ensure that all
Federal funds for 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).
``(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.''.
(2) Clerical amendment.--The analysis for chapter 53 of
title 49, United States Code, is amended by inserting before
the item relating to section 5321 the following:
``5320. Buy America.''.
(3) Conforming amendments.--
(A) Technical assistance and workforce
development.--Section 5314(a)(2)(G) of title 49, United
States Code, is amended by striking ``sections 5323(j)
and 5323(m)'' and inserting ``section 5320''.
(B) Urbanized area formula grants.--Section
5307(c)(1)(E) of title 49, United States Code, is
amended by inserting ``, 5320,'' after ``5323''.
(C) Innovative procurement.--Section
3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 note)
is amended by striking ``5232(j)'' and inserting
``5320''.
(b) Bus Rolling Stock.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall issue such
regulations as are necessary to revise Appendix B and Appendix D of
section 661.11 of title 49, Code of Federal Regulations, with respect
to bus rolling stock to maximize job creation and align such section
with modern manufacturing techniques.
(c) Rail Rolling Stock.--Not later than 30 months after the date of
enactment of this Act, the Secretary shall issue such regulations as
are necessary to revise subsections (t), (u), and (v) of section 661.11
of title 49, Code of Federal Regulations, with respect to rail rolling
stock to maximize job creation and align such section with modern
manufacturing techniques.
(d) Rule of Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
any contract entered into on or after the date of enactment of
this Act.
(2) Delayed applicability of certain provisions.--Contracts
described in paragraph (1) shall be subject to the following
delayed applicability requirements:
(A) Section 5320(m)(2) shall apply to contracts
entered into on or after the date that is 30 days after
the date of enactment of this Act.
(B) Notwithstanding subparagraph (A), section
5320(m) shall apply to contracts for the procurement of
bus rolling stock beginning on the earlier of--
(i) 180 days after the date on which final
regulations are issued pursuant to subsection
(b); or
(ii) the date that is 1 year after the date
of enactment of this Act.
(C) Notwithstanding subparagraph (A), section
5320(m) shall apply to contracts for the procurement of
rail rolling stock beginning on the earlier of--
(i) 180 days after the date on which final
regulations are issued pursuant to subsection
(c); or
(ii) the date that is 2 years after the
date of enactment of this Act.
(D) Section 5320(p)(1) shall apply on the date that
is 1 year after the latest of the application dates
described in subparagraphs (A) through (C).
(3) Special rule for certain contracts.--For any contract
described in paragraph (1) for which the delivery for the first
production vehicle occurs before October 1, 2024, paragraphs
(1) and (4) of section 5320(d) shall not apply.
(4) Special rule for battery cell incentives.--For any
contract described in paragraph (1) for which the delivery for
the first production vehicle occurs before October 1, 2022,
section 5320(d)(5) shall not apply.
(e) Special Rule for Domestic Content.--For the calculation of the
percent of domestic content calculated under section 5320(d)(2) for a
contract for rolling stock entered into on or after October 1, 2020--
(1) if the delivery of the first production vehicle occurs
in fiscal year 2022 or fiscal year 2023, for components that
exceed 70 percent domestic content, the Secretary shall add 20
additional percent to the component's domestic content; and
(2) if the delivery of the first production vehicle occurs
in fiscal year 2024 or fiscal year 2025--
(A) for components that exceed 70 percent but do
not exceed 75 percent domestic content, the Secretary
shall add 15 additional percent to the component's
domestic content; or
(B) for components that exceed 75 percent domestic
content, the Secretary shall add 20 additional percent
to the component's domestic content.
SEC. 2302. BUS PROCUREMENT STREAMLINING.
Section 5323 of title 49, United States Code, is amended by adding
at the end the following:
``(v) 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.''.
Subtitle D--Bus Grant Reforms
SEC. 2401. FORMULA GRANTS FOR BUSES.
Section 5339(a) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and subsection (d)'' after ``In
this subsection'';
(B) in subparagraph (A) by striking ``term `low or
no emission vehicle' has'' and inserting ``term `zero
emission vehicle' has'';
(C) in subparagraph (B) by inserting ``and the
District of Columbia'' after ``United States''; and
(D) in subparagraph (C) by striking ``the District
of Columbia,'';
(2) in paragraph (2)(A) by striking ``low or no emission
vehicles'' and inserting ``zero emission vehicles'';
(3) in paragraph (4)--
(A) in subparagraph (A) by inserting ``and
subsection (d)'' after ``this subsection''; and
(B) in subparagraph (B) by inserting ``and
subsection (d)'' after ``this subsection'';
(4) in paragraph (5)(A)--
(A) by striking ``$90,500,000'' and inserting
``$156,750,000'';
(B) by striking ``2016 through 2020'' and inserting
``2022 through 2025'';
(C) by striking ``$1,750,000'' and inserting
``$3,000,000''; and
(D) by striking ``$500,000'' and inserting
``$750,000'';
(5) in paragraph (8) by striking ``3 fiscal years'' and
inserting ``4 fiscal years'' each place such term appears; and
(6) 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.''; and
(3) by striking paragraph (2) and inserting the following:
``(2) Grant considerations.--In making grants--
``(A) under subparagraph (1)(A), the Secretary
shall only consider--
``(i) the age and condition of bus-related
facilities of the applicant compared to all
applicants and proposed improvements to the
resilience (as such term is defined in section
5302) of such facilities;
``(ii) for a facility within or partially
within the 100-year floodplain, whether such
facility will be at least 2 feet above the base
flood elevation; and
``(iii) for a bus station, the degree of
multi-modal connections at such station; and
``(B) under paragraph (1)(B), the Secretary shall
consider the improvements to headway and projected new
ridership.''.
SEC. 2403. ZERO EMISSION BUS GRANTS.
(a) In General.--Section 5339(c) of title 49, United States Code,
is amended--
(1) in the heading by striking ``Low or No Emission
Grants'' and inserting ``Zero Emission Grants'';
(2) in paragraph (1)--
(A) in subparagraph (B)--
(i) in clause (i) by striking ``low or no
emission'' and inserting ``zero emission'';
(ii) in clause (ii) by striking ``low or no
emission'' and inserting ``zero emission'';
(iii) in clause (iii) by striking ``low or
no emission'' and inserting ``zero emission'';
(iv) in clause (iv) by striking
``facilities and related equipment for low or
no emission'' and inserting ``related equipment
for zero emission'';
(v) in clause (v) by striking ``facilities
and related equipment for low or no emission
vehicles;'' and inserting ``related equipment
for zero emission vehicles; or'';
(vi) in clause (vii) by striking ``low or
no emission'' and inserting ``zero emission'';
(vii) by striking clause (vi); and
(viii) by redesignating clause (vii) as
clause (vi);
(B) by striking subparagraph (D) and inserting the
following:
``(D) the term `zero emission bus' means a bus that
is a zero emission vehicle;'';
(C) by striking subparagraph (E) and inserting the
following:
``(E) the term `zero emission vehicle' means a
vehicle used to provide public transportation that
produces no carbon dioxide or particulate matter;'';
and
(D) by striking subparagraph (G) and inserting the
following:
``(G) the term `eligible area' means an area that
is--
``(i) designated as a nonattainment area
for ozone or particulate matter under section
107(d) of the Clean Air Act (42 U.S.C.
7407(d)); or
``(ii) a maintenance area, as such term is
defined in section 5303, for ozone or
particulate matter.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Grant eligibility.--In awarding grants under this
subsection, the Secretary shall make grants to eligible
projects relating to the acquisition or leasing of zero
emission buses or bus facility improvements--
``(A) that procure--
``(i) at least 10 zero emission buses; or
``(ii) if the recipient operates less than
50 buses in peak service, at least 5 zero
emission buses;
``(B) for which the recipient's board of directors
has approved a long-term integrated fleet management
plan that--
``(i) establishes a goal by a set date to
convert the entire bus fleet to zero emission
buses; or
``(ii) establishes a goal that within 10
years from the date of approval of such plan
the recipient will convert a set percentage of
the total bus fleet of such recipient to zero
emission buses; and
``(C) for which the recipient has performed a fleet
transition study that includes optimal route planning
and an analysis of how utility rates may impact the
recipient's operations and maintenance budget.''.
(b) Metropolitan Transportation Planning.--Section 5303(b) of title
49, United States Code, is amended by adding at the end the following:
``(8) Maintenance area.--The term `maintenance area' has
the meaning given the term in sections 171(2) and 175A of the
Clean Air Act (42 U.S.C. 7501(2); 7505a).''.
SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FORMULA SUBGRANT.
Section 5339 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Restoration to State of Good Repair Formula Subgrant.--
``(1) General authority.--The Secretary may make grants
under this subsection to assist eligible recipients and
subrecipients described in paragraph (2) in financing capital
projects to replace, rehabilitate, and purchase buses and
related equipment.
``(2) Eligible recipients and subrecipients.--Not later
than September 1 annually, the Secretary shall make public a
list of eligible recipients and subrecipients based on the most
recent data available in the National Transit Database to
calculate the 20 percent of eligible recipients and
subrecipients with the highest percentage of asset vehicle
miles for buses beyond the useful life benchmark established by
the Federal Transit Administration.
``(3) Urban apportionments.--Funds allocated under section
5338(a)(2)(L)(ii) shall be--
``(A) distributed to--
``(i) designated recipients in an urbanized
area with a population of more than 200,000
made eligible by paragraph (1); and
``(ii) States based on subrecipients made
eligible by paragraph (1) in an urbanized area
under 200,000; and
``(B) allocated pursuant to the formula set forth
in section 5336 other than subsection (b).
``(4) Rural allocation.--The Secretary shall--
``(A) calculate the percentage of funds under
section 5338(a)(2)(L)(ii) to allocate to rural
subrecipients by dividing--
``(i) the asset vehicle miles for buses
beyond the useful life benchmark (established
by the Federal Transit Administration) of the
rural subrecipients described in paragraph (2);
by
``(ii) the total asset vehicle miles for
buses beyond such benchmark of all eligible
recipients and subrecipients described in
paragraph (2); and
``(B) prior to the allocation described in
paragraph (3)(B), apportion to each State the amount of
the total rural allocation calculated under
subparagraph (A) attributable to such State based the
proportion that--
``(i) the asset vehicle miles for buses
beyond the useful life benchmark (established
by the Federal Transit Administration) for
rural subrecipients described in paragraph (2)
in such State; bears to
``(ii) the total asset vehicle miles
described in subparagraph (A)(i).
``(5) Application of other provisions.--Paragraphs (3),
(7), and (8) of subsection (a) shall apply to eligible
recipients and subrecipients described in paragraph (2) of a
grant under this subsection.
``(6) Prohibition.--No eligible recipient or subrecipient
outside the top 5 percent of asset vehicle miles for buses
beyond the useful life benchmark established by the Federal
Transit Administration may receive a grant in both fiscal year
2022 and fiscal year 2023.
``(7) Requirement.--The Secretary shall require--
``(A) States to expend, to the benefit of the
subrecipients eligible under paragraph (2), the
apportioned funds attributed to such subrecipients; and
``(B) designated recipients to provide the
allocated funds to the recipients eligible under
paragraph (2) the apportioned funds attributed to such
recipients.''.
Subtitle E--Supporting All Riders
SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.
Section 5336(j) of title 49, United States Code, is amended
(1) in paragraph (1) by striking ``75 percent'' and
inserting ``50 percent'';
(2) in paragraph (2) by striking ``25 percent'' and
inserting ``12.5 percent''; and
(3) by adding at the end the following:
``(3) 30 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population of
200,000 or more in the ratio that--
``(A) the number of individuals in each such
urbanized area residing in an urban census tract with a
poverty rate of at least 20 percent during the 5 years
most recently ending; bears to
``(B) the number of individuals in all such
urbanized areas residing in an urban census tract with
a poverty rate of at least 20 percent during the 5
years most recently ending; and
``(4) 7.5 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
less than 200,000 in the ratio that--
``(A) the number of individuals in each such
urbanized area residing in an urban census tract with a
poverty rate of at least 20 percent during the 5 years
most recently ending; bears to
``(B) the number of individuals in all such areas
residing in an urban census tract with a poverty rate
of at least 20 percent during the 5 years most recently
ending.''.
SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.
Section 5311 of title 49, United States Code, as amended in section
2204, is further amended--
(1) in subsection (a) by adding at the end the following:
``(3) Persistent poverty county.--The term `persistent
poverty county' means any county with a poverty rate of at
least 20 percent--
``(A) as determined in each of the 1990 and 2000
decennial censuses;
``(B) in the Small Area Income and Poverty
Estimates of the Bureau of the Census for the most
recent year for which the estimates are available; and
``(C) has at least 25 percent of its population in
rural areas.'';
(2) in subsection (b)(2)(C)(i) by inserting ``and
persistent poverty counties'' before the semicolon; and
(3) in subsection (c) by striking paragraph (2) and
inserting the following:
``(2) Persistent poverty public transportation assistance
program.--
``(A) In general.--The Secretary shall carry out a
public transportation assistance program for areas of
persistent poverty.
``(B) Apportionment.--Of amounts made available or
appropriated for each fiscal year under section
5338(a)(2)(E)(ii) to carry out this paragraph, the
Secretary shall apportion funds to recipients for
service in, or directly benefitting, persistent poverty
counties for any eligible purpose under this section in
the ratio that--
``(i) the number of individuals in each
such rural area residing in a persistent
poverty county; bears to
``(ii) the number of individuals in all
such rural areas residing in a persistent
poverty county.''.
SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT REDUCED FARE TRANSIT.
Section 5312 of title 49, United States Code, is amended by adding
at the end the following:
``(j) Demonstration Grants to Support Reduced Fare Transit.--
``(1) In general.--Not later than 300 days after the date
of enactment of the INVEST in America Act, the Secretary shall
award grants (which shall be known as `Access to Jobs Grants')
to eligible entities, on a competitive basis, to implement
reduced fare transit service.
``(2) Notice.--Not later than 180 days after the date of
enactment of the INVEST in America Act, the Secretary shall
provide notice to eligible entities of the availability of
grants under paragraph (1).
``(3) Application.--To be eligible to receive a grant under
this subsection, an eligible recipient shall submit to the
Secretary an application containing such information as the
Secretary may require, including, at a minimum, the following:
``(A) A description of how the eligible entity
plans to implement reduced fare transit access with
respect to low-income individuals, including any
eligibility requirements for such transit access.
``(B) A description of how the eligible entity will
consult with local community stakeholders, labor
unions, local education agencies and institutions of
higher education, public housing agencies, and
workforce development boards in the implementation of
reduced fares.
``(C) A description of the eligible entity's
current fare evasion enforcement policies, including
how the eligible entity plans to use the reduced fare
program to reduce fare evasion.
``(D) An estimate of additional costs to such
eligible entity as a result of reduced transit fares.
``(4) Grant duration.--Grants awarded under this subsection
shall be for a 2-year period.
``(5) Selection of eligible recipients.--In carrying out
the program under this subsection, the Secretary shall award
not more than 20 percent of grants to eligible entities located
in rural areas.
``(6) Uses of funds.--An eligible entity receiving a grant
under this subsection shall use such grant to implement a
reduced fare transit program and offset lost fare revenue.
``(7) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means a State, local, or Tribal governmental entity
that operates a public transportation service and is a
recipient or subrecipient of funds under this chapter.
``(B) Low-income individual.--The term `low-income
individual' means an individual--
``(i) that has qualified for--
``(I) any program of medical
assistance under a State plan or under
a waiver of the plan under title XIX of
the Social Security Act (42 U.S.C. 1396
et seq.);
``(II) supplemental nutrition
assistance program (SNAP) under the
Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.);
``(III) the program of block grants
for States for temporary assistance for
needy families (TANF) established under
part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(IV) the free and reduced price
school lunch program established under
the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.);
``(V) a housing voucher through
section 8(o) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(o));
``(VI) benefits under the Low-
Income Home Energy Assistance Act of
1981; or
``(VII) special supplemental food
program for women, infants and children
(WIC) under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
or
``(ii) whose family income is at or below a
set percent (as determined by the eligible
recipient) of the poverty line (as that term is
defined in section 673(2) of the Community
Service Block Grant Act (42 U.S.C. 9902(2)),
including any revision required by that
section) for a family of the size involved.
``(8) Report.--The Secretary shall designate a university
transportation center under section 5505 to collaborate with
the eligible entities receiving a grant under this subsection
to collect necessary data to evaluate the effectiveness of
meeting the targets described in the application of such
recipient, including increased ridership and progress towards
significantly closing transit equity gaps.''.
Subtitle F--Supporting Frontline Workers and Passenger Safety
SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING CENTER.
Section 5314(b) of title 49, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) National transit frontline workforce training
center.--
``(A) Establishment.--The Secretary shall establish
a national transit frontline workforce training center
(hereinafter referred to as the `Center') and award
grants to a nonprofit organization with a demonstrated
capacity to develop and provide transit career ladder
programs through labor-management partnerships and
apprenticeships on a nationwide basis, in order to
carry out the duties under subparagraph (B). The Center
shall be dedicated to the needs of the frontline
transit workforce in both rural and urban transit
systems by providing standards-based training in the
maintenance and operations occupations.
``(B) Duties.--
``(i) In general.--In cooperation with the
Administrator of the Federal Transit
Administration, public transportation
authorities, and national entities, the Center
shall develop and conduct training and
educational programs for frontline local
transportation employees of recipients eligible
for funds under this chapter.
``(ii) Training and educational programs.--
The training and educational programs developed
under clause (i) may include courses in recent
developments, techniques, and procedures
related to--
``(I) developing consensus national
training standards in partnership with
industry stakeholders for key frontline
transit occupations with demonstrated
skill gaps;
``(II) developing national systems
of qualification and apprenticeship for
transit maintenance and operations
occupations;
``(III) building local, regional,
and statewide transit training
partnerships to identify and address
workforce skill gaps and develop skills
needed for delivering quality transit
service and supporting employee career
advancement;
``(IV) developing programs for
training of transit frontline workers,
instructors, mentors, and labor-
management partnership representatives,
in the form of classroom, hands-on, on-
the-job, and web-based training,
delivered at a national center,
regionally, or at individual transit
agencies;
``(V) developing training programs
for skills related to existing and
emerging transit technologies,
including zero emission buses;
``(VI) developing improved capacity
for safety, security, and emergency
preparedness in local transit systems
and in the industry as a whole
through--
``(aa) developing the role
of the transit frontline
workforce in building and
sustaining safety culture and
safety systems in the industry
and in individual public
transportation systems; and
``(bb) training to address
transit frontline worker roles
in promoting health and safety
for transit workers and the
riding public;
``(VII) developing local transit
capacity for career pathways
partnerships with schools and other
community organizations for recruiting
and training under-represented
populations as successful transit
employees who can develop careers in
the transit industry; and
``(VIII) in collaboration with the
Administrator of the Federal Transit
Administration and organizations
representing public transit agencies,
conducting and disseminating research
to--
``(aa) provide transit
workforce job projections and
identify training needs and
gaps;
``(bb) determine the most
cost-effective methods for
transit workforce training and
development, including return
on investment analysis;
``(cc) identify the most
effective methods for
implementing successful safety
systems and a positive safety
culture; and
``(dd) promote transit
workforce best practices for
achieving cost-effective,
quality, safe, and reliable
public transportation services.
``(C) Coordination.--The Secretary shall coordinate
activities under this section, to the maximum extent
practicable, with the National Office of Apprenticeship
of the Department of Labor and the Office of Career,
Technical, and Adult Education of the Department of
Education.
``(D) Availability of amounts.--
``(i) In general.--Not more than 1 percent
of amounts made available to a recipient under
sections 5307, 5311, 5337, and 5339 is
available for expenditures by the recipient,
with the approval of the Secretary, to pay not
more than 80 percent of the cost of eligible
activities under this subsection.
``(ii) Existing programs.--A recipient may
use amounts made available under clause (i) to
carry out existing local education and training
programs for public transportation employees
supported by the Secretary, the Department of
Labor, or the Department of Education.'';
(2) in paragraph (3) by striking ``or (2)''; and
(3) by striking paragraph (4).
SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.
Section 5329 of title 49, United States Code, is amended--
(1) in subsection (b)(2)(C)(ii)--
(A) in subclause (I) by striking ``and'' at the
end;
(B) in subclause (II) by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following:
``(III) innovations in driver
assistance technologies and driver
protection infrastructure where
appropriate.'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting ``the
safety committee established under paragraph
(4), and subsequently,'' before ``the board of
directors'';
(ii) in subparagraph (C) by striking
``public, personnel, and property'' and
inserting ``public and personnel to injuries,
assaults, and fatalities, and strategies to
minimize the exposure of property'';
(iii) by striking subparagraph (G) and
inserting the following:
``(G) a comprehensive staff training program for
the operations and maintenance personnel and personnel
directly responsible for safety of the recipient that
includes--
``(i) the completion of a safety training
program;
``(ii) continuing safety education and
training; and
``(iii) de-escalation training; and
``(H) a requirement that the safety committee only
approve a safety plan under subparagraph (A) if such
plan does not amend, modify or conflict with the
recipient's fiscal budget.''; 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, if
applicable; and
``(B) employer or State representatives.''; and
(3) in subsection (e)(4)(A)(v) by inserting ``,
inspection,'' after ``has investigative''.
SEC. 2603. AUTOMATED VEHICLE TRANSIT WORKFORCE STANDARDS.
(a) Prohibition on Use of Funds.--No financial assistance under
chapter 53 of title 49, United States Code, may be used for an
automated vehicle providing public transportation unless--
(1) the recipient of such assistance that proposes to
deploy an automated vehicle providing public transportation
certifies to the Secretary of Transportation that the
deployment does not duplicate, eliminate, or reduce the
frequency of existing public transportation service; and
(2) 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 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 offered by such recipient, would exceed by more
than 0.5 percent of the recipient's total transit passenger
miles traveled.
(2) Contents.--The workforce development plan under
subsection (a) shall include the following:
(A) A description of services offered by existing
modes of public transportation in the area served by
the recipient that could be affected by the proposed
automated vehicle providing public transportation,
including jobs and functions of such jobs.
(B) A forecast of the number of jobs provided by
existing modes of public transportation that would be
eliminated or that would be substantially changed and
the number of jobs expected to be created by the
proposed automated vehicle providing public
transportation 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.
(D) A comprehensive plan to transition, train, or
retrain employees that could be affected by the
proposed automated vehicle providing public
transportation.
(E) An estimated budget to transition, train, or
retrain employees impacted by the proposed automated
vehicle providing public transportation 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, may be subjected to a loss of
employment or a change in responsibilities not later than 60
days before issuing a request for proposals to procure or
contract for such a vehicle.
(2) Content.--The notice required in paragraph (1) shall
include the following:
(A) A description of the automated vehicle
providing public transportation.
(B) The impact of the automated vehicle providing
public transportation 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) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
SEC. 2604. PERFORMANCE-BASED METRICS.
Section 5329(d)(2) of title 49, United States Code, is amended to
read as follows:
``(2) Performance-based metrics special rule.--
``(A) In general.--
``(i) Population over 200,000.--With
respect to a recipient serving an urbanized
area with a population of over 200,000 that
receives funds under section 5307, for each
reported exceeded metric in a fiscal year, such
recipient shall allocate 2.5 percent of such
funds for the subsequent 2 fiscal years to
projects described in subparagraph (B).
``(ii) Population of 200,000 or less.--With
respect to a recipient serving an urbanized
area with a population of 200,000 or less that
receives funds under section 5307, if such
recipient submits a reported exceeded metric
for the performance-based metric described in
subparagraph (C)(i)(III), such recipient shall
allocate 2.5 percent of such funds for the
subsequent 2 fiscal years to projects described
in subparagraph (B).
``(B) Eligible projects.--Funds set aside under
this paragraph shall be used for projects that are
reasonably likely to reduce injuries and fatalities
identified in a reported exceeded metric, including
state of good repair projects, increased safety
inspections, modifications to rolling stock, and de-
escalation training.
``(C) Definitions.--In this paragraph:
``(i) Performance-based metric.--The term
`performance-based metric' means the number
of--
``(I) passenger and workforce
injuries by total revenue vehicle miles
attributed to rail;
``(II) passenger and workforce
fatalities by total revenue vehicle
miles attributed to rail;
``(III) passenger and workforce
injuries by total revenue vehicle miles
attributed to buses; and
``(IV) passenger and workforce
fatalities by total revenue vehicle
miles attributed to buses.
``(ii) Reported exceeded metric.--The term
`reported exceeded metric' means a performance-
based metric based on a recipient report to the
National Transit Database that demonstrates
such metric exceeds the national average (as
determined by the Secretary) by 50 percent in a
fiscal year.''.
Subtitle G--Transit-Supportive Communities
SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.
(a) In General.--Chapter 53 of subtitle III 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 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 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 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) an identification of an eligible project;
``(B) a schedule and process for the development of
a comprehensive plan;
``(C) a description of how the eligible project and
the proposed comprehensive plan advance the
metropolitan transportation plan of the metropolitan
planning organization;
``(D) proposed performance criteria for the
development and implementation of the comprehensive
plan;
``(E) a description of how the project will reduce
and mitigate social and economic impacts on existing
residents and businesses vulnerable to displacement;
and
``(F) identification of--
``(i) partners;
``(ii) availability of and authority for
funding; and
``(iii) potential State, local or other
impediments to the implementation of the
comprehensive plan.
``(4) Cost share.--A grant under this subsection shall not
exceed an amount in excess of 80 percent of total project
costs, except that a grant that includes an affordable housing
component shall not exceed an amount in excess of 90 percent of
total project costs.
``(c) Technical Assistance.--The Secretary shall provide technical
assistance to local governmental authorities and states 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) 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;
and
``(5) fostering economic development opportunities for
existing residents and businesses.
``(e) 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.
``(f) 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.
``(g) 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 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.
``(h) Savings Clause.--Nothing in this section authorizes the
Secretary to provide any financial assistance for the construction of
housing.''.
(b) Clerical Amendment.--The analysis for chapter 53 of subtitle
III 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 15 percent of the housing
units offered in the transit-oriented
development are legally binding affordability
restricted to tenants with incomes below 60
percent of the area median income and/or owners
with incomes below 60 percent the area median
income;
``(iv) the asset will remain in use as
described in this section for at least 15 years
after the date the asset is transferred; and
``(v) with respect to a transfer to a third
party entity--
``(I) a local government authority
or nonprofit organization is unable to
receive the property; and
``(II) the overall benefit of
allowing the transfer is greater than
the interest of the Government in
liquidation and return of the financial
interest of the Government in the
asset, after considering fair market
value and other factors.''.
SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, is amended--
(1) in subsection (g)--
(A) in paragraph (2)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) in the case of a new fixed guideway
capital project or a core capacity improvement
project, allow a weighting five points greater
to the economic development subfactor and five
points lesser to the lowest scoring subfactor
if the applicant demonstrates substantial
efforts to preserve or encourage affordable
housing near the project by providing
documentation of policies that allow by-right
multi-family housing, single room occupancy
units, or accessory dwelling units, providing
local capital sources for transit-oriented
development, or demonstrate other methods as
determined by the Secretary.''; and
(B) in paragraph (3), as amended by this Act, by
adding at the end the following:
``(B) establish a warrant that applies to the
economic development project justification criteria,
provided that the applicant that requests a warrant
under this process has completed and submitted a
housing feasibility assessment.''; and
(2) in subsection (l)(4)--
(A) in subparagraph (B) by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (C) by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(D) from grant proceeds distributed under section
103 of the Housing and Community Development Act of
1974 (42 U.S.C. 5303) or section 201 of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3141) provided that--
``(i) such funds are used in conjunction
with the planning or development of affordable
housing; and
``(ii) such affordable housing is located
within one-half of a mile of a new station.''.
Subtitle H--Innovation
SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM.
Section 5312(d) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Mobility innovation sandbox program.--The Secretary
may make funding available under this subsection to carry out
research on mobility on demand and mobility as a service
activities eligible under section 5316.''.
SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.
Section 5312(d) of title 49, United States Code, is further amended
by adding at the end the following:
``(4) Transit bus operator compartment redesign program.--
``(A) In general.--The Secretary may make funding
available under this subsection to carry out research
on redesigning transit bus operator compartments to
improve safety, operational efficiency, and passenger
accessibility.
``(B) Objectives.--Research objectives under this
paragraph shall include--
``(i) increasing bus operator safety from
assaults;
``(ii) optimizing operator visibility and
reducing operator distractions to improve
safety of bus passengers, pedestrians,
bicyclists, and other roadway users;
``(iii) expanding passenger accessibility
for positive interactions between operators and
passengers, including assisting passengers in
need of special assistance;
``(iv) accommodating compliance for
passenger boarding, alighting, and securement
with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.); and
``(v) improving ergonomics to reduce bus
operator work-related health issues and
injuries, as well as locate key instrument and
control interfaces to improve operational
efficiency and convenience.
``(C) Activities.--Eligible activities under this
paragraph shall include--
``(i) measures to reduce visibility
impairments and distractions for bus operators
that contribute to accidents, including
retrofits to buses in revenue service and
specifications for future procurements that
reduce visibility impairments and distractions;
``(ii) the deployment of assault mitigation
infrastructure and technology on buses,
including barriers to restrict the unwanted
entry of individuals and objects into bus
operators' workstations;
``(iii) technologies to improve passenger
accessibility, including boarding, alighting,
and securement in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.);
``(iv) installation of seating and
modification to design specifications of bus
operator workstations that reduce or prevent
injuries from ergonomic risks; or
``(v) other measures that align with the
objectives under subparagraph (B).
``(D) Eligible entities.--Entities eligible to
receive funding under this paragraph shall include
consortia consisting of, at a minimum:
``(i) recipients of funds under this
chapter that provide public transportation
services;
``(ii) transit vehicle manufacturers;
``(iii) representatives from organizations
engaged in collective bargaining on behalf of
transit workers in not fewer than 3 States; and
``(iv) any nonprofit institution of higher
education, as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C.
1001).''.
SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY COUNTS INITIATIVE.
Section 5312 of title 49, United States Code, as amended by section
2503, is further amended by adding at the end the following:
``(k) Every Day Counts Initiative.--
``(1) In general.--It is in the national interest for the
Department of Transportation and recipients of Federal public
transportation funds--
``(A) to identify, accelerate, and deploy
innovation aimed at expediting project delivery,
enhancing the safety of transit systems of the United
States, and protecting the environment;
``(B) to ensure that the planning, design,
engineering, construction, and financing of
transportation projects is done in an efficient and
effective manner;
``(C) to promote the rapid deployment of proven
solutions that provide greater accountability for
public investments; and
``(D) to create a culture of innovation within the
transit community.
``(2) FTA every day counts initiative.--To advance the
policies described in paragraph (1), the Administrator of the
Federal Transit Administration shall adopt the Every Day Counts
initiative to work with recipients to identify and deploy the
proven innovation practices and products that--
``(A) accelerate innovation deployment;
``(B) expedite the project delivery process;
``(C) improve environmental sustainability;
``(D) enhance transit safety;
``(E) expand mobility; and
``(F) reduce greenhouse gas emissions.
``(3) Consideration.--In accordance with the Every Day
Counts goals described in paragraphs (1) and (2), the
Administrator shall consider research conducted through the
university transportation centers program in section 5505.
``(4) Innovation deployment.--
``(A) In general.--At least every 2 years, the
Administrator shall work collaboratively with
recipients to identify a new collection of innovations,
best practices, and data to be deployed to recipients
through case studies, webinars, and demonstration
projects.
``(B) Requirements.--In identifying a collection
described in subparagraph (A), the Secretary shall take
into account market readiness, impacts, benefits, and
ease of adoption of the innovation or practice.
``(5) Publication.--Each collection identified under
paragraph (4) shall be published by the Administrator on a
publicly available website.''.
SEC. 2804. TECHNICAL CORRECTIONS.
Section 5312 of title 49, United States Code, as amended in section
2503 and 2803, is further amended--
(1) in subsection (e)--
(A) in paragraph (3)(C) by striking ``low or no
emission vehicles, zero emission vehicles,'' and
inserting ``zero emission vehicles''; and
(B) by striking paragraph (6) and inserting the
following:
``(6) Zero emission vehicle defined.--In this subsection,
the term `zero emission vehicle' means a passenger vehicle used
to provide public transportation that produces no carbon or
particulate matter.'';
(2) by redesignating the first subsection (g) as subsection
(f); and
(3) in subsection (h)--
(A) in the header by striking ``Low or No
Emission'' and inserting ``Zero Emission'';
(B) in paragraph (1)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) the term `zero emission vehicle' has the
meaning given such term in subsection (e)(6);''; and
(ii) in subparagraph (D) by striking ``low
or no emission vehicle'' and inserting ``zero
emission vehicle'' each place such term
appears;
(C) in paragraph (2)--
(i) in the heading by striking ``low or no
emission'' and inserting ``zero emission''; and
(ii) by striking ``low or no emission'' and
inserting ``zero emission'' each place such
term appears;
(D) in paragraph (3) by striking ``low or no
emission'' and inserting ``zero emission'' each place
such term appears; and
(E) in paragraph (5)(A) by striking ``low or no
emission'' and inserting ``zero emission''.
Subtitle I--Other Program Reauthorizations
SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE
PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY.
Section 601 of the Passenger Rail Investment and Improvement Act of
2008 (Public Law 110-432) is amended--
(1) in subsection (b) by striking ``The Federal'' and
inserting ``Except as provided in subsection (f)(2), the
Federal'';
(2) by striking subsections (d) through (f) and inserting
the following:
``(d) Required Board Approval.--No amounts may be provided to the
Transit Authority under this section until the Transit Authority
certifies to the Secretary of Transportation that--
``(1) a board resolution has passed on or before July 1,
2021, and is in effect for the period of July 1, 2022 through
June 30, 2031, that--
``(A) establishes an independent budget authority
for the Office of Inspector General of the Transit
Authority;
``(B) establishes an independent procurement
authority for the Office of Inspector General of the
Transit Authority;
``(C) establishes an independent hiring authority
for the Office of Inspector General of the Transit
Authority;
``(D) ensures the Inspector General of the Transit
Authority can obtain legal advice from a counsel
reporting directly to the Inspector General;
``(E) requires the Inspector General of the Transit
Authority to submit recommendations for corrective
action to the General Manager and the Board of
Directors of the Transit Authority;
``(F) requires the Inspector General of the Transit
Authority to publish any recommendation described in
subparagraph (E) on the website of the Office of
Inspector General of the Transit Authority, except that
the Inspector General may redact personally
identifiable information and information that, in the
determination of the Inspector General, would pose a
security risk to the systems of the Transit Authority;
``(G) requires the Board of Directors of the
Transit Authority to provide written notice to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate not less than
30 days before the Board of Directors removes the
Inspector General of the Transit Authority, which shall
include the reasons for removal and supporting
documentation; and
``(H) prohibits the Board of Directors from
removing the Inspector General of the Transit Authority
unless the Board of Directors has provided a 30 day
written notification as described in subparagraph (G)
that documents--
``(i) a permanent incapacity;
``(ii) a neglect of duty;
``(iii) malfeasance;
``(iv) a conviction of a felony or conduct
involving moral turpitude;
``(v) a knowing violation of a law or
regulation;
``(vi) gross mismanagement;
``(vii) a gross waste of funds;
``(viii) an abuse of authority; or
``(ix) inefficiency; and
``(2) the Code of Ethics for Members of the WMATA Board of
Directors passed on September 26, 2019, remains in effect, or
the Inspector General of the Transit Authority has concurred
with any modifications to the Code of Ethics by the Board.
``(e) Authorizations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Transportation for grants under this
section--
``(A) for fiscal year 2021, $150,000,000;
``(B) for fiscal year 2022, $155,000,000;
``(C) for fiscal year 2023, $160,000,000;
``(D) for fiscal year 2024, $165,000,000;
``(E) for fiscal year 2025, $170,000,000;
``(F) for fiscal year 2026, $175,000,000;
``(G) for fiscal year 2027, $180,000,000;
``(H) for fiscal year 2028, $185,000,000;
``(I) for fiscal year 2029, $190,000,000; and
``(J) for fiscal year 2030, $200,000,000.
``(2) Set aside for office of inspector general of transit
authority.--From the amounts in paragraph (1), the Transit
Authority shall provide at least 7 percent for each fiscal year
to the Office of Inspector General of the Transit Authority to
carry out independent and objective audits, investigations, and
reviews of Transit Authority programs and operations to promote
economy, efficiency, and effectiveness, and to prevent and
detect fraud, waste, and abuse in such programs and
operations.''; and
(3) by redesignating subsection (g) as subsection (f).
SEC. 2902. OTHER APPORTIONMENTS.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (h)--
(A) in the matter preceding paragraph (1) by
striking ``section 5336(a)(2)(C)'' and inserting
``section 5336(a)(2)(B)'';
(B) by amending paragraph (1) to read as follows:
``(1) to carry out section 5307(h)--
``(A) $60,906,000 shall be set aside in fiscal year
2022;
``(B) $61,856,134 shall be set aside in fiscal year
2023;
``(C) $62,845,832 shall be set aside in fiscal year
2024; and
``(D) $63,832,511 shall be set aside in fiscal year
2025;'';
(C) in paragraph (2) by striking ``3.07 percent''
and inserting ``6 percent''; and
(D) by amending paragraph (3) to read as follows:
``(3) of amounts not apportioned under paragraphs (1) and
(2), 3 percent shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with subsection
(i);''; and
(2) in subsection (i) by adding at the end the following:
``(3) Census phase-out.--Before apportioning funds under
subsection (h)(3), for any urbanized area that is no longer an
eligible area due to a change in population in the most recent
decennial census, the Secretary shall apportion to such
urbanized area, for 3 fiscal years, an amount equal to half of
the funds apportioned to such urbanized area pursuant to this
subsection for the previous fiscal year.''.
Subtitle J--Streamlining
SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, as amended by section
2703 of this Act, is further amended--
(1) in subsection (a)--
(A) by striking paragraph (6);
(B) by redesignating paragraph (7) as paragraph
(6); and
(C) in paragraph (6), as so redesignated;
(i) in subparagraph (A) by striking
``$100,000,000'' and inserting
``$320,000,000''; and
(ii) in subparagraph (B) by striking
``$300,000,000'' and inserting
``$400,000,000'';
(2) in subsection (b)(2) by inserting ``expanding station
capacity,'' after ``construction of infill stations,'';
(3) in subsection (d)(1)--
(A) in subparagraph (C)(i) by striking ``2 years''
and inserting ``3 years''; and
(B) by adding at the end the following:
``(D) Optional project development activities.--An
applicant may perform cost and schedule risk
assessments with technical assistance provided by the
Secretary.
``(E) Statutory construction.--Nothing in this
section shall be construed as authorizing the Secretary
to require cost and schedule risk assessments in the
project development phase.'';
(4) in subsection (e)(1)--
(A) in subparagraph (C)(i) by striking ``2 years''
and inserting ``3 years''; and
(B) by adding at the end the following:
``(D) Optional project development activities.--An
applicant may perform cost and schedule risk
assessments with technical assistance provided by the
Secretary.
``(E) Statutory construction.--Nothing in this
section shall be construed as authorizing the Secretary
to require cost and schedule risk assessments in the
project development phase.'';
(5) in subsection (e)(2)(A)(iii)(II) by striking ``5
years'' and inserting ``10 years'';
(6) in subsection (f)--
(A) in paragraph (1) by striking ``subsection
(d)(2)(A)(v)'' and inserting ``subsection
(d)(2)(A)(iv)'';
(B) in paragraph (2)--
(i) by striking ``subsection (d)(2)(A)(v)''
and inserting ``subsection (d)(2)(A)(iv)'';
(ii) in subparagraph (D) by adding ``and''
at the end;
(iii) by striking subparagraph (E); and
(iv) by redesignating subparagraph (F) as
subparagraph (E); and
(C) by adding at the end the following:
``(3) Cost-share incentives.--For a project for which a
lower 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;
``(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; and
``(iv) an executed full funding grant
agreement has at least 75 percent of local
financial commitment committed and the
remaining percentage budgeted for the proposed
purposes.
``(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.
``(4) Contingency share.--For purposes of paragraph (1)(A),
the Secretary shall provide 50 percent of the recommended
contingency established by the project management oversight
contractor under section 5327 in addition to the grant amount
set in subsection (k)(2)(C)(ii).'';
(7) in subsection (g)--
(A) in paragraph (2)(A) by striking ``degree of
local financial commitment'' and inserting ``criteria
in subsection (f)'' each place it appears;
(B) in paragraph (3) by striking ``The Secretary
shall'' and all that follows through the end and
inserting the following: ``The Secretary shall--
``(A) to the maximum extent practicable, develop
and use special warrants for making a project
justification determination under subsection (d)(2) or
(e)(2), as applicable, for a project proposed to be
funded using a grant under this section if--
``(i) the share of the cost of the project
to be provided under this section--
``(I) does not exceed $500,000,000
and the total project cost does not
exceed $1,000,000,000; or
``(II) complies with subsection
(l)(1)(C);
``(ii) the applicant requests the use of
the warrants;
``(iii) the applicant certifies that its
existing public transportation system is in a
state of good repair; and
``(iv) the applicant meets any other
requirements that the Secretary considers
appropriate to carry out this subsection;
and'';
(C) by striking paragraph (5) and inserting the
following:
``(5) Policy guidance.--The Secretary shall issue policy
guidance on the review and evaluation process and criteria not
later than 180 days after the date of enactment of the INVEST
in America Act.'';
(D) by striking paragraph (6) and inserting the
following:
``(6) Transparency.--Not later than 30 days after the
Secretary receives a written request from an applicant for all
remaining information necessary to obtain 1 or more of the
following, the Secretary shall provide such information to the
applicant:
``(A) Project advancement.
``(B) Medium or higher rating.
``(C) Warrant.
``(D) Letter of intent.
``(E) Early systems work agreement.''; and
(E) in paragraph (7) by striking ``the Federal
Public Transportation Act of 2012'' and inserting ``the
INVEST in America Act'';
(8) in subsection (h)--
(A) in paragraph (5) by striking the period at the
end and inserting the following: ``, 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--
``(A) has at least 75 percent of local financial
commitment committed and the remaining percentage
budgeted for the proposed purposes; and
``(B) establishes contingency amounts that the
applicant determines to be reasonable to cover
unanticipated cost increases or funding shortfalls.'';
and
(B) in paragraph (7)(C) by striking ``10 days'' and
inserting ``3 days'';
(9) by striking subsection (i) and inserting the following:
``(i) Interrelated Projects.--
``(1) Ratings improvement.--The Secretary shall grant a
rating increase of 1 level in mobility improvements to any
project being rated under subsection (d), (e), or (h), if the
Secretary certifies that the project has a qualifying
interrelated project that meets the requirements of paragraph
(2).
``(2) Interrelated project.--A qualifying interrelated
project is a transit project that--
``(A) is adopted into the metropolitan
transportation plan required under section 5303;
``(B) has received a class of action designation
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(C) will likely increase ridership on the project
being rated in subsection (d), (e), or (h),
respectively, as determined by the Secretary; and
``(D) meets 1 of the following criteria:
``(i) Extends the corridor of the project
being rated in subsection (d), (e), or (h),
respectively.
``(ii) Provides a direct passenger transfer
to the project being rated in subsection (d),
(e), or (h), respectively.'';
(10) in subsection (k)(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 cost
share.--An applicant may elect a lower local 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);
(12) in subsection (o) by adding at the end the following:
``(4) CIG program dashboard.--Not later than the fifth day
of each month, the Secretary shall make publicly available on a
website data on, including the status of, each project under
this section that is in the project development phase, in the
engineering phase, or has received a grant agreement and
remains under construction. Such data shall include, for each
project--
``(A) the amount and fiscal year of any funding
appropriated, allocated, or obligated for the project;
``(B) the date on which the project--
``(i) entered the project development
phase;
``(ii) entered the engineering phase, if
applicable; and
``(iii) received a grant agreement, if
applicable; and
``(C) the status of review by the Federal Transit
Administration and the Secretary, including dates of
request, dates of acceptance of request, and dates of a
decision for each of the following, if applicable:
``(i) A letter of no prejudice.
``(ii) An environmental impact statement
notice of intent.
``(iii) A finding of no significant
environmental impact.
``(iv) A draft environmental impact
statement.
``(v) A final environmental impact
statement.
``(vi) A record of decision on the final
environmental impact statement; and
``(vii) The status of the applicant in
securing the non-Federal match, based on
information provided by the applicant,
including the amount committed, budgeted,
planned, and undetermined.''; 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); and
(2) by inserting after paragraph (1) the following:
``(2) notwithstanding paragraph (1), apportion amounts to
the States appropriated under section 5338(a)(2) to carry out
sections 5307, 5310, and 5311 not later than December 15 for
which any amounts are appropriated; and''.
SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE.
Section 5334 of title 49, United States Code, is further amended by
adding at the end the following:
``(l) Disposition of Assets Beyond Useful Life.--
``(1) In general.--If a recipient, or subrecipient, for
assistance under this chapter disposes of an asset with a
current market value, or proceed from the sale of such asset,
acquired under this chapter at least in part with such
assistance, after such asset has reached the useful life of
such asset, the Secretary shall allow the recipient, or
subrecipient, to use the proceeds attributable to the Federal
share of such asset calculated under paragraph (3) for capital
projects under section 5307, 5310, or 5311.
``(2) Minimum value.--This subsection shall only apply to
assets with a current market value, or proceeds from sale, of
at least $5,000.
``(3) Calculation of federal share attributable.--The
proceeds attributable to the Federal share of an asset
described in paragraph (1) shall be calculated by multiplying--
``(A) the current market value of, or the proceeds
from the disposition of, such asset; by
``(B) the Federal share percentage for the
acquisition of such asset at the time of acquisition of
such asset.''.
SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBILITY.
Section 5310 of title 49, United States Code, as amended by section
2205, is further amended by adding at the end the following:
``(k) Innovative Coordinated Access and Mobility.--
``(1) Start up grants.--
``(A) In general.--The Secretary may make grants
under this paragraph to eligible recipients to assist
in financing innovative projects for the transportation
disadvantaged that improve the coordination of
transportation services and non-emergency medical
transportation services.
``(B) Application.--An eligible recipient shall
submit to the Secretary an application that, at a
minimum, contains--
``(i) a detailed description of the
eligible project;
``(ii) an identification of all eligible
project partners and the specific role of each
eligible project partner in the eligible
project, including--
``(I) private entities engaged in
the coordination of nonemergency
medical transportation services for the
transportation disadvantaged;
``(II) nonprofit entities engaged
in the coordination of nonemergency
medical transportation services for the
transportation disadvantaged; or
``(III) Federal entities engaged in
the coordination of nonemergency
medical transportation services for the
transportation disadvantaged; and
``(iii) a description of how the eligible
project shall--
``(I) improve local coordination or
access to coordinated transportation
services;
``(II) reduce duplication of
service, if applicable; and
``(III) provide innovative
solutions in the State or community.
``(C) Performance measures.--An eligible recipient
shall specify, in an application for a grant under this
paragraph, the performance measures the eligible
project will use to quantify actual outcomes against
expected outcomes, including--
``(i) reduced transportation expenditures
as a result of improved coordination; and
``(ii) reduced healthcare expenditures as a
result of improved coordination.
``(D) Eligible uses.--Eligible recipients receiving
a grant under this section may use such funds for--
``(i) the deployment of coordination
technology;
``(ii) projects that create or increase
access to community One-Call/One-Click Centers;
``(iii) projects that integrate
transportation for 3 or more of--
``(I) public transportation
provided under this section;
``(II) a State plan approved under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.);
``(III) title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
``(IV) Veterans Health
Administration; or
``(V) private health care
facilities; and
``(iv) such other projects as determined
appropriate by the Secretary.
``(2) Incentive grants.--
``(A) In general.--The Secretary may make grants
under this paragraph to eligible recipients to
incentivize innovative projects for the transportation
disadvantaged that improve the coordination of
transportation services and non-emergency medical
transportation services.
``(B) Selection of grant recipients.--The Secretary
shall distribute grant funds made available to carry
out this paragraph as described in subparagraph (E) to
eligible recipients that apply and propose to
demonstrate improvement in the metrics described in
subparagraph (F).
``(C) Eligibility.--An eligible recipient shall not
be required to have received a grant under paragraph
(1) to be eligible to receive a grant under this
paragraph.
``(D) Applications.--Eligible recipients shall
submit to the Secretary an application that includes--
``(i) which metrics under subparagraph (F)
the eligible recipient intends to improve;
``(ii) the performance data eligible
recipients and the Federal, State, nonprofit,
and private partners of the eligible recipient
will make available; and
``(iii) a proposed incentive formula that
makes payments to the eligible recipient based
on the proposed data and metrics.
``(E) Distribution.--The Secretary shall distribute
funds made available to carry out this paragraph based
upon the number of grant applications approved by the
Secretary, number of individuals served by each grant,
and the incentive formulas approved by the Secretary
using the following metrics:
``(i) The reduced transportation
expenditures as a result of improved
coordination.
``(ii) The reduced Federal healthcare
expenditures using the metrics described in
subparagraph (F).
``(iii) The reduced private healthcare
expenditures using the metrics described in
subparagraph (F).
``(F) Healthcare metrics.--Healthcare metrics
described in this subparagraph shall be--
``(i) reducing missed medical appointments;
``(ii) the timely discharge of patients
from hospitals;
``(iii) reducing readmissions of patients
into hospitals; and
``(iv) other measureable healthcare
metrics, as determined appropriate by the
Secretary.
``(G) Eligible expenditures.--The Secretary shall
allow the funds distributed by this grant program to be
expended on eligible activities described in paragraph
(1)(D) and any eligible activity under this section
that is likely to improve the metrics described in
subparagraph (F).
``(H) Recipient cap.--The Secretary--
``(i) may not provide more than 20 grants
under this paragraph; and
``(ii) shall reduce the maximum number of
grants under this paragraph to ensure projects
are fully funded, if necessary.
``(3) Report.--The Secretary shall make publicly available
an annual report on the program carried out under this
subsection for each fiscal year, not later than December 31 of
the calendar year in which that fiscal year ends. The report
shall include a detailed description of the activities carried
out under the program, and an evaluation of the program,
including an evaluation of the performance measures used by
eligible recipients.
``(4) Federal share.--
``(A) In general.--The Federal share of the costs
of a project carried out under this subsection shall
not exceed 80 percent.
``(B) Non-federal share.--The non-Federal share of
the costs of a project carried out under this
subsection may be derived from in-kind contributions.
``(5) Rule of construction.--For purposes of this
subsection, nonemergency medical transportation services shall
be limited to services eligible under Federal programs other
than programs authorized under this chapter.''.
TITLE III--HIGHWAY TRAFFIC SAFETY
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code--
(A) $378,400,000 for fiscal year 2022;
(B) $382,400,000 for fiscal year 2023;
(C) $386,500,000 for fiscal year 2024; and
(D) $390,400,000 for fiscal year 2025.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $182,495,000 for fiscal year 2022;
(B) $184,795,000 for fiscal year 2023;
(C) $187,795,000 for fiscal year 2024; and
(D) $190,695,000 for fiscal year 2025.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $384,119,000 for fiscal year 2022;
(B) $393,205,000 for fiscal year 2023;
(C) $402,205,000 for fiscal year 2024; and
(D) $411,388,000 for fiscal year 2025.
(4) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code--
(A) $5,700,000 for fiscal year 2022;
(B) $5,800,000 for fiscal year 2023;
(C) $5,900,000 for fiscal year 2024; and
(D) $6,000,000 for fiscal year 2025.
(5) High-visibility enforcement program.--For carrying out
section 404 of title 23, United States Code--
(A) $60,200,000 for fiscal year 2022;
(B) $60,600,000 for fiscal year 2023;
(C) $60,800,000 for fiscal year 2024; and
(D) $61,200,000 for fiscal year 2025.
(6) Administrative expenses.--For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code--
(A) $30,586,000 for fiscal year 2022;
(B) $31,000,000 for fiscal year 2023;
(C) $31,500,000 for fiscal year 2024; and
(D) $31,917,000 for fiscal year 2025.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, the amounts made available from the Highway Trust
Fund (other than the Mass Transit Account) for a program under such
chapters--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, amounts made available under subsection (a) for
fiscal years 2022 through 2025 shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1 of title
23, United States Code.
(d) Regulatory Authority.--Grants awarded under chapter 4 of title
23, United States Code, including any amendments made by this title,
shall be carried out in accordance with regulations issued by the
Secretary of Transportation.
(e) State Matching Requirements.--If a grant awarded under chapter
4 of title 23, United States Code, requires a State to share in the
cost, the aggregate of all expenditures for highway safety activities
made during a fiscal year by the State and its political subdivisions
(exclusive of Federal funds) for carrying out the grant (other than
planning and administration) shall be available for the purpose of
crediting the State during such fiscal year for the non-Federal share
of the cost of any other project carried out under chapter 4 of title
23, United States Code (other than planning or administration), without
regard to whether such expenditures were made in connection with such
project.
(f) Grant Application and Deadline.--To receive a grant under
chapter 4 of title 23, United States Code, a State shall submit an
application, and the Secretary of Transportation shall establish a
single deadline for such applications to enable the award of grants
early in the next fiscal year.
SEC. 3002. HIGHWAY SAFETY PROGRAMS.
Section 402 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)--
(i) in clause (ii) by striking ``occupant
protection devices (including the use of safety
belts and child restraint systems)'' and
inserting ``safety belts'';
(ii) in clause (vii) by striking ``; and''
and inserting a semicolon; and
(iii) by inserting after clause (viii) the
following:
``(ix) to encourage more widespread and
proper use of child safety seats (including
booster seats) with an emphasis on underserved
populations;
``(x) to reduce injuries and deaths
resulting from drivers of motor vehicles not
moving to another traffic lane or reducing the
speed of such driver's vehicle when passing an
emergency, law enforcement, or other vehicle
stopped or parked on or near the roadway; and
``(xi) to increase driver awareness of the
dangers of leaving an unattended child or other
occupant in a vehicle when there is a risk of
hyperthermia;''; and
(B) by adding at the end the following:
``(3) Additional considerations.--States which have
legalized medicinal or recreational marijuana shall consider
programs in addition to the programs described in paragraph
(2)(A) to educate drivers on the risks associated with
marijuana-impaired driving and to reduce injuries and deaths
resulting from individuals driving motor vehicles while
impaired by marijuana.'';
(2) in subsection (c)(4)--
(A) by striking subparagraph (C);
(B) by redesignating subparagraph (B) as
subparagraph (D); and
(C) by inserting after subparagraph (A) the
following:
``(B) Special rule for school and work zones.--
Notwithstanding subparagraph (A), a State may expend
funds apportioned to that State under this section to
carry out a program to purchase, operate, or maintain
an automated traffic system in a work zone or school
zone.
``(C) Automated traffic enforcement system
guidelines.--Any automated traffic enforcement system
installed pursuant to subparagraph (B) shall comply
with--
``(i) Speed Enforcement Camera Systems
Operational Guidelines (DOT HS 810 916, March
2008); or
``(ii) Red Light Camera Systems Operational
Guidelines (FHWA-SA-05-002, January 2005).'';
and
(3) in subsection (n)--
(A) by striking ``Public Transparency'' and all
that follows through ``The Secretary'' and inserting
the following: ``Public Transparency.--
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) State highway safety plan website.--
``(A) In general.--In carrying out the requirements
of paragraph (1), the Secretary shall establish a
public website that is easily accessible, navigable,
and searchable for the information required under
paragraph (1), in order to foster greater transparency
in approved State highway safety programs.
``(B) Contents.--The website established under
subparagraph (A) shall--
``(i) include each State highway safety
plan and annual report submitted and approved
by the Secretary under subsection (k);
``(ii) provide a means for the public to
search such website for State highway safety
program content required in subsection (k),
including--
``(I) performance measures required
by the Secretary under paragraph
(3)(A);
``(II) progress made toward meeting
the State's performance targets for the
previous year;
``(III) program areas and
expenditures; and
``(IV) a description of any sources
of funds other than funds provided
under this section that the State
proposes to use to carry out the State
highway safety plan of such State.''.
SEC. 3003. TRAFFIC SAFETY ENFORCEMENT GRANTS.
Section 402 of title 23, United States Code, as amended by section
3002 of this Act, is further amended by inserting after subsection (k)
the following:
``(l) Traffic Safety Enforcement Grants.--
``(1) General authority.--Subject to the requirements under
this subsection, the Secretary shall award grants to States for
the purpose of carrying out top-rated traffic safety
enforcement countermeasures to reduce traffic-related injuries
and fatalities.
``(2) Countermeasure defined.--In this subsection, the term
`countermeasure' means a countermeasure rated 3, 4, or 5 stars
in the most recent edition of the National Highway Traffic
Safety Administration's Countermeasures That Work highway
safety guide.
``(3) Funding.--Before making any distribution under this
section, the Secretary shall set aside not more than
$35,000,000 of the funds made available under this section for
each fiscal year to be allocated among up to 10 States.
``(4) Selection criteria.--The Secretary shall select up to
10 applicants based on the following criteria:
``(A) Geographical diversity.
``(B) Higher State average of traffic fatalities
per vehicle mile traveled.
``(C) A preference to applications that include
under paragraph (6)(C) the data derived from law
enforcement activities funded by a State under this
section.
``(5) Eligibility.--A State may receive a grant under this
subsection in a fiscal year if the State demonstrates, to the
satisfaction of the Secretary, that the State is able to meet
the requirements in paragraph (6).
``(6) Requirements.--In order to receive funds, a State
must establish an agreement with the Secretary to--
``(A) identify areas with the highest risk of
traffic fatalities and injuries;
``(B) determine the most effective countermeasures
to implement in those areas, with priority given to
countermeasures rated above 3 stars; and
``(C) report annual data under uniform reporting
requirements established by the Secretary, including--
``(i) traffic citations and arrests;
``(ii) the increase in traffic safety
enforcement activity supported by these funds;
and
``(iii) any other metrics the Secretary
determines appropriate to determine the success
of the grant.
``(7) Use of funds.--
``(A) In general.--Grant funds received by a State
under this subsection may be used for--
``(i) implementing countermeasures
determined under paragraph (6); and
``(ii) law enforcement-related expenses,
such as officer training, overtime, technology,
and equipment, if the Secretary determines
countermeasures have been implemented
successfully and the Secretary provides
approval.
``(B) Broadcast and print media.--Up to 5 percent
of grant funds received by a State under this
subsection may be used for the development, production,
and use of broadcast and print media advertising in
carrying out traffic safety law enforcement efforts
under this subsection.
``(8) Allocation.--Grant funds allocated to a State under
this subsection for a fiscal year shall be in proportion to the
State's apportionment under this section for the fiscal year.
``(9) Maintenance of effort.--No grant may be made to a
State in any fiscal year under this subsection unless the State
enters into such an agreement with the Secretary, as the
Secretary may require, to ensure that the State will maintain
its aggregate expenditures from all State and local sources for
activities described in this subsection at or above the average
level of expenditures in the 2 fiscal years preceding the date
of enactment of this subsection.
``(10) Annual evaluation and report to congress.--The
Secretary shall conduct an annual evaluation of the
effectiveness of grants awarded under this subsection and shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate an annual report on
the effectiveness of the grants.''.
SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) in subsection (b) by inserting ``, training,'' after
``demonstration projects'';
(2) in subsection (f)(1) by striking ``subsection 402(c) in
each fiscal year ending before October 1, 2015, and $443,989 of
the total amount available for apportionment to the States for
highway safety programs under section 402(c) in the period
beginning on October 1, 2015, and ending on December 4, 2015,''
and inserting ``section 402(c)(2) in each fiscal year''; and
(3) by striking subsection (h) and redesignating
subsections (i) and (j) as subsections (h) and (i),
respectively.
SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.
Section 403 of title 23, United States Code, as amended by section
3004 of this Act, is further amended by adding at the end the
following:
``(j) Grant Program to Prohibit Racial Profiling.--
``(1) General authority.--Subject to the requirements of
this subsection, the Secretary shall make grants to a State
that--
``(A) is maintaining and allows public inspection
of statistical information for each motor vehicle stop
made by a law enforcement officer on a Federal-aid
highway in the State regarding the race and ethnicity
of the driver; or
``(B) provides assurances satisfactory to the
Secretary that the State is undertaking activities to
comply with the requirements of subparagraph (A).
``(2) Use of grant funds.--A grant received by a State
under paragraph (1) shall be used by the State for the costs
of--
``(A) collecting and maintaining data on traffic
stops; and
``(B) evaluating the results of such data.
``(3) Limitations.--
``(A) Maximum amount of grants.--The total amount
of grants made to a State under this section in a
fiscal year may not exceed 5 percent of the amount made
available to carry out this section in the fiscal year.
``(B) Eligibility.--On or after October 1, 2022, a
State may not receive a grant under paragraph (1)(B) in
more than 2 fiscal years.
``(4) Funding.--
``(A) In general.--From funds made available under
this section, the Secretary shall set aside $7,500,000
for each fiscal year to carry out this subsection.
``(B) Federal share.--The Federal share of the cost
of activities carried out using such funds shall be 80
percent.
``(C) Other uses.--The Secretary may reallocate,
before the last day of any fiscal year, amounts
remaining available under subparagraph (A) to increase
the amounts made available to carry out any other
activities authorized under this section in order to
ensure, to the maximum extent possible, that all such
amounts are obligated during such fiscal year.''.
SEC. 3006. HIGH-VISIBILITY ENFORCEMENT PROGRAM.
Section 404 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``3 campaigns will be
carried out in each of fiscal years 2016 through 2020'' and
inserting ``6 campaigns will be carried out in each of fiscal
years 2022 through 2025'';
(2) in subsection (b)--
(A) in paragraph (1) by striking ``or drug-
impaired'';
(B) in paragraph (2) by inserting ``and child
restraints'' after ``seatbelts'';
(C) by redesignating paragraph (2) as paragraph
(3);
(D) by inserting after paragraph (1) the following:
``(2) Reduce drug-impaired operation of motor vehicles.'';
and
(E) by adding at the end the following:
``(4) Reduce texting through a personal wireless
communications device by drivers while operating a motor
vehicle.
``(5) Reduce violations of move over laws of a State that
require motorists to change lanes or slow down when emergency,
law enforcement, or other vehicles are stopped or parked on or
next to a roadway.'';
(3) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively;
(4) by inserting after subsection (d) the following:
``(e) Frequency.--Each campaign administered under this section
shall occur not less than once in each of fiscal years 2022 through
2025 with the exception of campaigns to reduce alcohol-impaired
operation of motor vehicles which shall occur not less than twice in
each of fiscal years 2022 through 2025.
``(f) Coordination of Dynamic Highway Message Signs.--During the
time a State is carrying out a campaign, the Secretary shall coordinate
with States carrying out the campaigns under this section on the use of
dynamic highway message signs to support national high-visibility
advertising and education efforts associated with the campaigns.''; and
(5) in subsection (f)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following:
``(2) Dynamic highway message sign.--The term `dynamic
highway message sign' means a traffic control device that is
capable of displaying one or more alternative messages which
convey information to occupants of motor vehicles.''; and
(C) by adding at the end the following:
``(4) Texting.--The term `texting' has the meaning given
such term in section 405(e).''.
SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS.
Section 405 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``13 percent'' and
inserting ``12.85 percent'';
(B) in paragraph (2) by striking ``14.5 percent''
and inserting ``14.3 percent'';
(C) in paragraph (3) by striking ``52.5 percent''
and inserting ``51.75 percent'';
(D) in paragraph (4) by striking ``8.5 percent''
and inserting ``8.3 percent'';
(E) in paragraph (6) by striking ``5 percent'' and
inserting ``4.9 percent'';
(F) in paragraph (7) by striking ``5 percent'' and
inserting ``4.9 percent'';
(G) in paragraph (8)--
(i) by striking ``paragraphs (1) through
(7)'' and inserting ``paragraphs (1) through
(8)'';
(ii) by striking ``subsection (b) through
(h)'' and inserting ``subsections (b) through
(i)''; and
(iii) by inserting ``to carry out any of
the other activities described in such
subsections, or the amount made available''
before ``under section 402'';
(H) in paragraph (9)(A) by striking ``date of
enactment of the FAST Act'' and inserting ``date of
enactment of the INVEST in America Act'';
(I) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and
(J) by inserting after paragraph (7) the following:
``(8) Driver and officer safety education.--In each fiscal
year, 1.5 percent of the funds provided under this section
shall be allocated among States that meet the requirements with
respect to driver and officer safety education (as described in
subsection (i)).'';
(2) by striking subsection (c)(4) and inserting the
following:
``(4) Use of grant amounts.--Grant funds received by a
State under this subsection shall be used for--
``(A) making data program improvements to core
highway safety databases related to quantifiable,
measurable progress in any of the 6 significant data
program attributes set forth in paragraph (3)(D);
``(B) developing or acquiring programs to identify,
collect, and report data to State and local government
agencies, and enter data, including crash, citation or
adjudication, driver, emergency medical services or
injury surveillance system, roadway, and vehicle, into
the core highway safety databases of a State;
``(C) purchasing equipment to improve processes by
which data is identified, collected, and reported to
State and local government agencies;
``(D) linking core highway safety databases of a
State with such databases of other States or with other
data systems within the State, including systems that
contain medical, roadway, and economic data;
``(E) improving the compatibility and
interoperability of the core highway safety databases
of the State with national data systems and data
systems of other States;
``(F) enhancing the ability of a State and the
Secretary to observe and analyze local, State, and
national trends in crash occurrences, rates, outcomes,
and circumstances;
``(G) supporting traffic records-related training
and related expenditures for law enforcement, emergency
medical, judicial, prosecutorial, and traffic records
professionals;
``(H) hiring traffic records professionals,
including a Fatality Analysis Reporting System liaison
for a State; and
``(I) conducting research on State traffic safety
information systems, including developing and
evaluating programs to improve core highway safety
databases of such State and processes by which data is
identified, collected, reported to State and local
government agencies, and entered into such core safety
databases.'';
(3) by striking subsection (d)(6)(A) and inserting the
following:
``(A) Grants to states with alcohol-ignition
interlock laws.--The Secretary shall make a separate
grant under this subsection to each State that--
``(i) adopts and is enforcing a mandatory
alcohol-ignition interlock law for all
individuals arrested or convicted of driving
under the influence of alcohol or of driving
while intoxicated;
``(ii) does not allow any individual
arrested or convicted of driving under the
influence of alcohol or driving while
intoxicated to drive a motor vehicle unless
such individual installs an ignition interlock
for a minimum 6-month interlock period; or
``(iii) has--
``(I) enacted and is enforcing a
state law requiring all individuals
convicted of, or whose driving
privilege is revoked or denied for,
refusing to submit to a chemical or
other test for the purpose of
determining the presence or
concentration of any intoxicating
substance to install an ignition
interlock for a minimum 6-month
interlock period; and
``(II) a compliance-based removal
program in which an individual arrested
or convicted of driving under the
influence of alcohol or driving while
intoxicated shall install an ignition
interlock for a minimum 6-month
interlock period and have completed a
minimum consecutive period of not less
than 40 percent of the required
interlock period immediately preceding
the date of release, without a
confirmed violation of driving under
the influence of alcohol or driving
while intoxicated.'';
(4) 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 (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.'';
(E) by striking paragraphs (2), (3), (6), and (8);
(F) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively;
(G) by inserting after paragraph (1) the following:
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the allocation of grant funds to a State under
this subsection for a fiscal year shall be in
proportion to the State's apportionment under section
402 for fiscal year 2009.
``(B) Primary offense laws.--A State that has
enacted and is enforcing a law that meets the
requirements set forth in paragraphs (3) and (4) as a
primary offense shall be allocated 100 percent of the
amount calculated under subparagraph (A).
``(C) Secondary offense laws.--A State that has
enacted and is enforcing a law that meets the
requirements set forth in paragraphs (3) and (4) as a
secondary offense shall be allocated 50 percent of the
amount calculated under subparagraph (A).
``(3) Prohibition on handheld personal wireless
communication device use while driving.--A State law meets the
requirements set forth in this paragraph if the law--
``(A) prohibits a driver from holding or using,
including texting, a personal wireless communications
device while driving, except for the use of a personal
wireless communications device--
``(i) in a hands-free manner or with a
hands-free accessory, or
``(ii) to activate or deactivate a feature
or function of the personal wireless
communications device;
``(B) establishes a fine for a violation of the
law; and
``(C) does not provide for an exemption that
specifically allows a driver to hold or use a personal
wireless communication device while stopped in traffic.
``(4) Prohibition on personal wireless communication device
use while driving or stopped in traffic.--A State law meets the
requirements set forth in this paragraph if the law--
``(A) prohibits a driver from 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
(H) 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).'';
(5) 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;
and
(D) by striking paragraph (5) and inserting the
following:
``(5) Use of funds.--
``(A) Tier 1 states.--A Tier 1 State shall use
grant funds provided under this subsection for--
``(i) enforcing a 2-stage licensing process
that complies with paragraph (2);
``(ii) training for law enforcement
personnel and other relevant State agency
personnel relating to the enforcement described
in clause (i);
``(iii) publishing relevant educational
materials that pertain directly or indirectly
to the State graduated driver licensing law;
``(iv) carrying out other administrative
activities that the Secretary considers
relevant to the State's 2-stage licensing
process; or
``(v) carrying out a teen traffic safety
program described in section 402(m).
``(B) Tier 2 states .--Of the grant funds made
available to a Tier 2 State under this subsection--
``(i) 25 percent shall be used for any
activity described in subparagraph (A); and
``(ii) 75 percent may be used for any
project or activity eligible under section
402.''; and
(6) 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).''.
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''.
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grants, Operations, and Programs
SEC. 4101. MOTOR CARRIER SAFETY GRANTS.
Section 31104 of title 49, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Financial Assistance Programs.--The following sums are
authorized to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account):
``(1) Motor carrier safety assistance program.--Subject to
paragraph (2) and subsection (c), to carry out section 31102
(except subsection (l))--
``(A) $388,950,000 for fiscal year 2022;
``(B) $398,700,000 for fiscal year 2023;
``(C) $408,900,000 for fiscal year 2024; and
``(D) $418,425,000 for fiscal year 2025.
``(2) High priority activities program.--Subject to
subsection (c), to carry out section 31102(l)--
``(A) $72,604,000 for fiscal year 2022;
``(B) $74,424,000 for fiscal year 2023;
``(C) $76,328,000 for fiscal year 2024; and
``(D) $78,106,000 for fiscal year 2025.
``(3) Commercial motor vehicle operators grant program.--To
carry out section 31103--
``(A) $1,037,200 for fiscal year 2022;
``(B) $1,063,200 for fiscal year 2023;
``(C) $1,090,400 for fiscal year 2024; and
``(D) $1,115,800 for fiscal year 2025.
``(4) Commercial driver's license program implementation
program.--Subject to subsection (c), to carry out section
31313--
``(A) $56,008,800 for fiscal year 2022;
``(B) $57,412,800 for fiscal year 2023;
``(C) $58,881,600 for fiscal year 2024; and
``(D) $60,253,200 for fiscal year 2025.'';
(2) by striking subsection (c) and inserting the following:
``(c) Partner Training and Program Support.--
``(1) In general.--On October 1 of each fiscal year, or as
soon after that date as practicable, the Secretary may deduct
from amounts made available under paragraphs (1), (2), and (4)
of subsection (a) for that fiscal year not more than 1.50
percent of those amounts for partner training and program
support in that fiscal year.
``(2) Use of funds.--The Secretary shall use at least 75
percent of the amounts deducted under paragraph (1) on training
and related training materials for non-Federal Government
employees.
``(3) Partnership.--The Secretary shall carry out the
training and development of materials pursuant to paragraph (2)
in partnership with one or more nonprofit organizations,
selected on a competitive basis, that have--
``(A) expertise in conducting a training program
for non-Federal Government employees; and
``(B) a demonstrated ability to involve in a
training program the target population of commercial
motor vehicle safety enforcement employees.'';
(3) in subsection (f)--
(A) in paragraph (1) by striking ``the next fiscal
year'' and inserting ``the following 2 fiscal years'';
(B) in paragraph (2) 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.''.
SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS.
(a) In General.--Section 31110 of title 49, United States Code, is
amended by striking subsection (a) and inserting the following:
``(a) Administrative Expenses.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety Administration--
``(1) $380,500,000 for fiscal year 2022;
``(2) $381,500,000 for fiscal year 2023;
``(3) $382,500,000 for fiscal year 2024; and
``(4) $384,500,000 for fiscal year 2025.''.
(b) Administrative Expenses.--
(1) Use of funds.--The Administrator of the Federal Motor
Carrier Safety Administration shall use funds made available in
subsection (a) for--
(A) acceleration of planned investments to
modernize the Administration's information technology
and information management systems;
(B) completing outstanding mandates;
(C) carrying out a Large Truck Crash Causal Factors
Study of the Administration;
(D) construction and maintenance of border
facilities; and
(E) other activities authorized under section
31110(b) of title 49, United States Code.
(2) Definition of outstanding mandate.--In this subsection,
the term ``outstanding mandate'' means a requirement for the
Federal Motor Carrier Safety Administration to issue
regulations, undertake a comprehensive review or study, conduct
a safety assessment, or collect data--
(A) under this Act;
(B) under MAP-21 (Public Law 112-141), that has not
been published in the Federal Register, if required, or
otherwise completed as of the date of enactment of this
Act;
(C) under the FAST Act (Public Law 114-94), that
has not been published in the Federal Register, if
required, or otherwise completed as the 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.
Subtitle B--Motor Carrier Safety Oversight
SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144 of SAFETEA-LU (49 U.S.C. 31100 note) is amended--
(1) in subsection (b)(1) by inserting ``, including small
business motor carriers'' after ``industry''; and
(2) in subsection (d) by striking ``September 30, 2013''
and inserting ``September 30, 2025''.
SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall implement a revised
methodology to be used in the Compliance, Safety, Accountability
program of the Federal Motor Carrier Safety Administration to identify
and prioritize motor carriers for intervention, using the
recommendations of the study required by section 5221(a) of the FAST
Act (49 U.S.C. 31100 note).
(b) Data Availability.--The Secretary shall, in working toward
implementation of the revised methodology described in subsection (a)--
(1) prioritize revisions necessary to restore the public
availability of all relevant safety data under a revised
methodology; and
(2) make such safety data publicly available that was made
publicly available on the day before the date of enactment of
the FAST Act, and make publicly available any safety data that
was required to be made available by section 5223 of the FAST
Act (49 U.S.C. 31100 note).
(c) Implementation.--
(1) Progress reports.--Not later than 30 days after the
date of enactment of this Act, and every 90 days thereafter
until the date on which the Secretary implements the revised
methodology described in subsection (a), the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, and make publicly
available on a website of the Department of Transportation, a
progress report on--
(A) the status of the revision of the methodology
and related data modifications under subsection (a), a
timeline for completion of such revision, and an
estimated date for implementation of such revised
methodology;
(B) an explanation for any delays in development or
implementation of the revised methodology over the
reporting period; and
(C) if the Secretary has not resumed making
publicly available the data described in subsection
(b), an updated timeline for the restoration of the
public availability of data and a detailed explanation
for why such restoration has not occurred.
(2) Publication and notification.--Prior to commencing the
use of the revised methodology described in subsection (a) to
identify and prioritize motor carriers for intervention (other
than in a testing capacity), the Secretary shall--
(A) publish 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 does not degrade the level of safety
achieved by the person or class of persons granted the
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 fatal accident;
and
``(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.
``(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.''.
Subtitle C--Commercial Motor Vehicle Driver Safety
SEC. 4301. COMMERCIAL DRIVERS LICENSE FOR PASSENGER CARRIERS.
Section 31301(4)(B) of title 49, United States Code, is amended to
read as follows:
``(B) is designed or used to transport--
``(i) more than 8 passengers (including the
driver) for compensation; or
``(ii) more than 15 passengers (including
the driver), whether or not the transportation
is provided for compensation; or''.
SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
Section 31306(c)(2) of title 49, United States Code, is amended by
striking ``, for urine testing,''.
SEC. 4303. ENTRY-LEVEL DRIVER TRAINING.
Not later than January 1, 2021, and every 90 days thereafter until
the compliance date for the final rule published on December 8, 2016,
titled ``Minimum Training Requirements for Entry-Level Commercial Motor
Vehicle Operators'' (81 Fed. Reg. 88732), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on--
(1) a schedule, including benchmarks, to complete
implementation of the requirements under such final rule;
(2) any anticipated delays, if applicable, in meeting the
benchmarks described in paragraph (1);
(3) the progress that the Secretary has made in updating
the Department of Transportation's information technology
infrastructure to support the training provider registry;
(4) a list of States that have adopted laws or regulations
to implement such final rule; and
(5) a list of States, if applicable, that are implementing
the rule and confirming that an applicant for a Commercial
Drivers 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 the vehicle, if the operator is not compensated for
such time detained.
(2) Contents.--As part of the rulemaking conducted pursuant
to subsection (a), the Secretary shall--
(A) consider the diverse nature of operations in
the movement of goods by commercial motor vehicle;
(B) examine any correlation between time detained
and violations of the hours-of-service rules under part
395 of title 49, Code of Federal Regulations;
(C) determine whether the effect of detention time
on safety differs based on--
(i) how an operator is compensated; and
(ii) the contractual relationship between
the operator and the motor carrier, including
whether an operator is an employee, a leased
owner-operator, or an owner-operator with
independent authority; and
(D) establish a process for a motor carrier,
shipper, receiver, broker, or commercial motor vehicle
operator to report instances of time detained beyond
the Secretary's established limits.
(3) Incorporation of information.--The Secretary shall
incorporate information received under paragraph (2)(D) into
the process established pursuant to subsection (a) once a final
rule takes effect.
(c) Data Protection.--Data made available pursuant to this section
shall be made available in a manner that--
(1) precludes the connection of the data to any individual
motor carrier or commercial motor vehicle operator; and
(2) protects privacy and confidentiality of individuals,
operators, and motor carriers submitting the data.
(d) Commercial Motor Vehicle Defined.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in section
31101 of title 49, United States Code.
SEC. 4305. TRUCK LEASING TASK FORCE.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Labor, shall establish a Truck Leasing Task Force
(hereinafter referred to as the ``Task Force'').
(b) Membership.--The Secretary of Transportation shall select not
more than 15 individuals to serve as members of the Task Force,
including equal representation from each of the following:
(1) Labor organizations.
(2) The motor carrier industry, including independent
owner-operators.
(3) Consumer protection groups.
(4) Safety groups.
(5) Members of the legal profession who specialize in
consumer finance issues.
(c) Duties.--The Task Force shall examine, at a minimum--
(1) common truck leasing arrangements available to
commercial motor vehicle drivers, including lease-purchase
agreements;
(2) the terms of such leasing agreements;
(3) the prevalence of predatory leasing agreements in the
motor carrier industry;
(4) specific agreements available to drayage drivers at
ports related to the Clean Truck Program or similar programs to
decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net
compensation of commercial motor vehicle drivers, including
port drayage drivers;
(6) resources to assist commercial motor vehicle drivers in
assessing the impacts of leasing agreements; and
(7) the classification of commercial motor vehicle drivers
under lease-purchase agreements.
(d) Compensation.--A member of the Task Force shall serve without
compensation.
(e) Report.--Upon completion of the examination described in
subsection (c), the Task Force shall submit to the Secretary of
Transportation, Secretary of Labor, and appropriate congressional
committees a report containing the following:
(1) the findings of the Task Force on the matters described
in subsection (c);
(2) best practices related to--
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to
entering into such agreements; and
(B) assisting a commercial motor vehicle driver who
has entered into a predatory lease agreement; and
(3) recommendations on changes to laws or regulations, as
applicable, at the Federal, State, or local level to promote
fair leasing agreements under which a commercial motor vehicle
driver is able to earn a living wage.
(f) Termination.--Not later than 1 month after the date of
submission of the report pursuant to subsection (e), the Task Force
shall terminate.
SEC. 4306. HOURS OF SERVICE.
(a) Authority to Issue Regulations.--Notwithstanding the authority
of the Secretary of Transportation to issue regulations under section
31502 of title 49, United States Code, the Secretary shall delay the
effective date of the final rule published on June 1, 2020, titled
``Hours of Service of Drivers'' (85 Fed. Reg. 33396) until 60 days
after the date on which the Secretary submits the report required under
subsection (c).
(b) Comprehensive Review.--
(1) Comprehensive review of hours of service rules.--Not
later than 60 days after the date of enactment of this Act, the
Secretary shall initiate a comprehensive review of hours of
service rules and the impacts of waivers, exemptions, and other
allowances that limit the applicability of such rules.
(2) List of exemptions.--In carrying out the comprehensive
review required under paragraph (1), the Secretary shall--
(A) compile a list of waivers, exemptions, and
other allowances--
(i) under which a driver may operate in
excess of the otherwise applicable limits on
on-duty or driving time in absence of such
exemption, waiver, or other allowance;
(ii) under which a driver may operate
without recording compliance with hours of
service rules through the use of an electronic
logging device; and
(iii) applicable--
(I) to specific segments of the
motor carrier industry or sectors of
the economy;
(II) on a periodic or seasonal
basis; and
(III) to specific types of
operations, including the short haul
exemption under part 395 of title 49,
Code of Federal Regulations;
(B) specify whether each such waiver, exemption, or
other allowance was granted by the Department of
Transportation or enacted by Congress, and how long
such waiver, exemption, or other allowance has been in
effect; and
(C) estimate the number of motor carriers, motor
private carriers, and drivers that may qualify to use
each waiver, exemption, or other allowance.
(3) Safety impact analysis.--
(A) In general.--In carrying out the comprehensive
review under paragraph (1), the Secretary, in
consultation with State motor carrier enforcement
entities, shall undertake a statistically valid
analysis to determine the safety impact, including on
enforcement, of the exemptions, waivers, or other
allowances compiled under paragraph (2) by--
(i) using available data, or collecting
from motor carriers or motor private carriers
and drivers operating under an exemption,
waiver, or other allowance if the Secretary
does not have sufficient data, to determine the
incidence of accidents, fatigue-related
incidents, and other relevant safety
information related to hours of service among
motor carriers, private motor carriers, and
drivers permitted to operate under each
exemption, waiver, or other allowance;
(ii) comparing the data described in
subparagraph (A) to safety data from motor
carriers, motor private carriers, and drivers
that are subject to the hours of service rules
and not operating under an exemption, waiver,
or other allowance; and
(iii) based on the comparison under
subparagraph (B), determining whether waivers,
exemptions, and other allowances in effect
provide an equivalent level of safety as would
exist in the absence of exemptions, waivers, or
other allowances.
(B) Consultation.--The Secretary shall consult with
State motor carrier enforcement entities in carrying
out this paragraph.
(C) Exclusions.--The Secretary shall exclude data
related to exemptions, waivers, or other allowances
made pursuant to an emergency declaration under section
390.23 of title 49, Code of Federal Regulations, or
extended under section 390.25 of title 49, Code of
Federal Regulations, from the analysis required under
this paragraph.
(4) Driver impact analysis.--In carrying out the
comprehensive review under paragraph (1), the Secretary shall
further consider--
(A) data on driver detention collected by the
Secretary pursuant to section 4304 of this Act and
other conditions affecting the movement of goods by
commercial motor vehicle, and how such conditions
interact with the Secretary's regulations on hours of
service;
(B) whether exemptions, waivers, or other
allowances that permit additional on-duty time or
driving time have a deleterious effect on the physical
condition of drivers; and
(C) whether differences in the manner in which
drivers are compensated result in different levels of
burden for drivers in complying with hours of service
rules.
(c) 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 (c), 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) Revision of Guidance.--Notwithstanding subsection (a), the
Secretary shall revise 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 establish 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) drivers 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)).
Subtitle D--Commercial Motor Vehicle and School Bus Safety
SEC. 4401. SCHOOL BUS SAFETY STANDARDS.
(a) School Bus Seat Belts.--
(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 school buses 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 seat belt assembly'');
(B) the recommendations of the National
Transportation Safety Board on seat belts in school
buses; and
(C) existing experience from States that require
school buses to be equipped with seat belts, including
Type 2 seat belt assembly.
(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 school buses manufactured more
than 3 years after the date on which the regulation takes
effect.
(b) Automatic Emergency Braking.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall--
(1) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all school
buses 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 school
buses 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
school bus fires and the best methods to prevent such fires and
to mitigate the effect of such fires, both inside and outside
the school bus. 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 school
buses 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 school buses, based on the results of
the Secretary's research and testing under paragraph (1), if
the Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a)
and (b) of section 30111 of title 49, United States Code.
(e) Definitions.--In this section:
(1) Automatic braking system.--The term ``automatic braking
system'' means a crash avoidance system installed and
operational in a vehicle that consists of--
(A) a forward warning function--
(i) to detect vehicles and objects ahead of
the vehicle; and
(ii) to alert the operator of an impending
collision; and
(B) a crash-imminent braking function to provide
automatic braking when forward-looking sensors of the
vehicle indicate that--
(i) a crash is imminent; and
(ii) the operator of the vehicle is not
applying the brakes.
(2) School bus.--The term ``school bus'' has the meaning
given the term ``schoolbus'' in section 30125(a) of title 49,
United States Code.
(3) Large school bus.--The term ``large school bus'' means
a school bus with a gross vehicle weight rating of more than
10,000 pounds.
SEC. 4402. ILLEGAL PASSING OF SCHOOL BUSES.
(a) Review of Illegal Passing Laws.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall--
(A) prepare a compilation of illegal passing laws
in all States, including levels of enforcement and
penalties and enforcement issues with such laws and the
impact of such laws on illegal passing of school buses
in each State;
(B) review existing State laws that may inhibit
effective school bus loading zone countermeasures,
which may include laws requiring camera visibility of a
driver's face for enforcement action, laws that may
reduce stop arm camera effectiveness, the need for an
officer to witness the event for enforcement, and the
lack of primary enforcement for texting and driving;
(C) evaluate methods used by States to review,
document, and report to law enforcement school bus stop
arm violations; and
(D) following the completion of the compilation,
issue recommendations on best practices on the most-
effective approaches to address illegal passing of
school buses.
(2) Publication.--The compilation and recommendations
prepared under paragraph (1) shall be made publicly available
on the website of the Department of Transportation.
(b) Public Safety Messaging Campaign.--
(1) In general.--Not later than 1 year after the date on
which the Secretary makes the compilation and recommendations
under subsection (a)(2) publicly available, the Secretary shall
create and execute a public safety messaging campaign for
distribution to States, divisions of motor vehicles, schools,
and other public outlets to highlight the dangers of the
illegal passing of school buses, and should include educating
students and the public on safe loading and unloading of school
buses.
(2) Consultation.--The Secretary shall consult with public
and private school bus industry representatives and States in
developing the campaign materials.
(3) Update.--The Secretary shall periodically update such
materials.
(c) Review of Technologies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall review and evaluate
the effectiveness of various technologies to enhance school bus
safety, including cameras, audible warning systems, enhanced
lighting, and other technological solutions.
(2) Content.--The review under paragraph (1)--
(A) shall include an evaluation of the costs of new
equipment and the potential impact on overall school
bus ridership;
(B) shall include an evaluation of advanced
technologies surrounding loading zone safety;
(C) shall include an evaluation of motion-activated
detection systems that are capable of--
(i) detecting pedestrians, bicyclists, and
other road users located near the exterior of
the school bus; and
(ii) alerting the operator of the school
bus of the road users described in clause (i);
(D) shall include an evaluation of school bus
lighting systems, to ensure clear communication to
surrounding drivers on their appropriate action; and
(E) may include other technological solutions that
enhance school bus safety.
(3) Consultation.--The Secretary shall consult with
manufacturers of school bus vehicles, manufacturers of various
technologies, and school bus industry representatives in
conducting the review under paragraph (1).
(4) Publication.--The Secretary shall make the findings of
the review under paragraph (1) publicly available on the
website of the Department.
(d) Review of Driver Education Materials.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review driver education materials across all
States to determine whether and how illegal passing of
school buses is addressed in driver education
materials, manuals, non-commercial driver's license
testing, and road tests; and
(B) make recommendations on how States can improve
education about illegal passing of school buses,
particularly with new drivers.
(2) Consultation.--The Secretary shall consult with school
bus industry representatives, States, motor vehicle
administrators, and other appropriate motor vehicle experts in
the preparation of the review under paragraph (1).
(3) Publication.--The Secretary shall make the findings of
the review under paragraph (1) publicly available on the
website of the Department.
(e) Review of Other Safety Issues.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) research the connections between illegal
passing of school buses and other safety issues,
including distracted driving, morning darkness,
illumination and reach of vehicle headlights, speed
limits, and school bus stop locations in rural areas;
and
(B) create a report containing the findings.
(2) Publication.--The Secretary shall make the report
created under paragraph (1)(B) publicly available on the
website of the Department.
SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR
VEHICLES.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation shall issue a final rule
based on the advance notice of proposed rulemaking published on April
27, 2016, titled ``State Inspection Programs for Passenger-Carrier
Vehicles'' (81 Fed. Reg. 24769).
(b) Considerations.--In issuing a final rule under subsection (a),
the Secretary shall consider the impact of continuing to allow self-
inspection as a means to satisfy periodic inspection requirements on
the safety of passenger carrier operations.
SEC. 4404. AUTOMATIC EMERGENCY BRAKING.
(a) Federal Motor Vehicle Safety Standard.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall--
(A) prescribe a motor vehicle safety standard under
section 30111 of title 49, United States Code, that
requires all commercial motor vehicles manufactured
after the effective date of such standard to be
equipped with an automatic emergency braking system;
and
(B) as part of such standard, establish performance
requirements for automatic emergency braking systems,
including operation of such systems.
(2) Considerations.--Prior to prescribing the standard
required under paragraph (1)(A), the Secretary shall--
(A) conduct a review of automatic emergency braking
systems in use in commercial motor vehicles and address
any identified deficiencies with such systems in the
rulemaking proceeding to prescribe the standard, if
practicable;
(B) assess the feasibility of updating the software
of emergency braking systems in use in commercial motor
vehicles to address any deficiencies and to enable such
systems to meet the new standard; and
(C) consult with representatives of commercial
motor vehicle drivers regarding the experiences of
drivers with automatic emergency braking systems in use
in commercial motor vehicles, including malfunctions or
unwarranted activations of such systems.
(3) Compliance date.--The Secretary shall ensure that the
compliance date of the standard prescribed pursuant to
paragraph (1) shall be not later than 2 years after the date of
publication of the final rule prescribing such standard.
(b) Federal Motor Carrier Safety Regulation.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall issue a
regulation under section 31136 of title 49, United States Code, that
requires that an automatic emergency braking system installed in a
commercial motor vehicle in operation on or after the effective date of
the standard prescribed under subsection (a) to be used at any time
during which such commercial motor vehicle is in operation.
(c) Definitions.--In this section:
(1) Automatic emergency braking system.--The term
``automatic emergency braking system'' means a crash avoidance
system installed and operational in a vehicle that consists
of--
(A) a forward collision warning function--
(i) to detect vehicles and objects ahead of
the vehicle; and
(ii) to alert the operator of the vehicle
of an impending collision; and
(B) a crash-imminent braking function to provide
automatic braking when forward-looking sensors of the
vehicle indicate that--
(i) a crash is imminent; and
(ii) the operator of the vehicle is not
applying the brakes.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31101 of
title 49, United States Code.
SEC. 4405. UNDERRIDE PROTECTION.
(a) Rear Underride Guards.--
(1) Rear guards on trailers and semi-trailers.--
(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 semi-trailer
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 semi-trailer;
(ii) an impact in which 50 percent the
width of the passenger vehicle overlaps the
rear of the trailer or semi-trailer; and
(iii) an impact in which 30 percent of the
width of the passenger vehicle overlaps the
rear of the trailer or semi-trailer.
(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.--The Secretary of Transportation shall
establish an Advisory Committee on Underride Protection (in
this subsection referred to as the ``Committee'') to provide
advice and recommendations to the Secretary on safety
regulations to reduce crashes and fatalities involving truck
underrides.
(2) Representation.--
(A) In general.--The Committee shall be composed of
not more than 20 members appointed by the Secretary who
are not employees of the Department of Transportation
and who are qualified to serve because of their
expertise, training, or experience.
(B) Membership.--Members shall include 2
representatives of each of the following:
(i) Truck and trailer manufacturers.
(ii) Motor carriers, including independent
owner-operators.
(iii) Law enforcement.
(iv) Motor vehicle engineers.
(v) Motor vehicle crash investigators.
(vi) Truck safety organizations.
(vii) The insurance industry.
(viii) Emergency medical service providers.
(ix) Families of underride crash victims.
(x) Labor organizations.
(3) Compensation.--Members of the Committee shall serve
without compensation.
(4) Meetings.--The Committee shall meet at least annually.
(5) Support.--On request of the Committee, the Secretary
shall provide information, administrative services, and
supplies necessary for the Committee to carry out the duties
described in paragraph (1).
(6) Report.--The Committee shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a biennial report that shall--
(A) describe the advice and recommendations made to
the Secretary; and
(B) include an assessment of progress made by the
Secretary in advancing safety regulations.
(d) Data Collection.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement recommendations 1
and 2 described in the report by the Government Accountability Office
published on March 14, 2019, titled ``Truck Underride Guards: Improved
Data Collection, Inspections, and Research Needed'' (GAO-19-264).
SEC. 4406. TRANSPORTATION OF HORSES.
Section 80502 of title 49, United States Code, is amended--
(1) in subsection (c), by striking ``This section does
not'' and inserting ``Subsections (a) and (b) shall not'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Transportation of Horses.--
``(1) Prohibition.--No person may transport, or cause to be
transported, a horse from a place in a State, the District of
Columbia, or a territory or possession of the United States
through or to a place in another State, the District of
Columbia, or a territory or possession of the United States in
a motor vehicle containing 2 or more levels stacked on top of
each other.
``(2) Motor vehicle defined.--In this subsection, the term
`motor vehicle'--
``(A) means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public
highways; and
``(B) does not include a vehicle operated
exclusively on a rail or rails.''; and
(4) in subsection (e), as redesignated--
(A) by striking ``A rail carrier'' and inserting
the following:
``(1) In general.--A rail carrier'';
(B) by striking ``this section'' and inserting
``subsection (a) or (b)''; and
(C) by striking ``On learning'' and inserting the
following:
``(2) Transportation of horses in multilevel trailer.--
``(A) Civil penalty.--A person that knowingly
violates subsection (d) is liable to the United States
Government for a civil penalty of at least $100, but
not more than $500, for each violation. A separate
violation of subsection (d) occurs for each horse that
is transported, or caused to be transported, in
violation of subsection (d).
``(B) Relationship to other laws.--The penalty
imposed under subparagraph (A) shall be in addition to
any penalty or remedy available under any other law.
``(3) Civil action.--On learning''.
TITLE V--INNOVATION
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code, $144,000,000
for each of fiscal years 2022 through 2025.
(2) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code,
$152,000,000 for each of fiscal years 2022 through 2025.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $26,000,000 for each of fiscal
years 2022 through 2025.
(4) Intelligent transportation systems program.--To carry
out sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2022 through 2025.
(5) University transportation centers program.--To carry
out section 5505 of title 49, United States Code, $96,000,000
for each of fiscal years 2022 through 2025.
(6) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code, $27,000,000 for
each of fiscal years 2022 through 2025.
(b) Additional Programs.--The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) Safe, efficient mobility through advanced
technologies.--To carry out section 503(c)(4) of title 23,
United States Code, $70,000,000 for each of fiscal years 2022
through 2025 from funds made available to carry out section
503(c) of such title.
(2) Materials to reduce greenhouse gas emissions program.--
To carry out section 503(d) of title 23, United States Code,
$10,000,000 for each of fiscal years 2022 through 2025 from
funds made available to carry out section 503(c) of such title.
(3) National highly automated vehicle and mobility
innovation clearinghouse.--To carry out section 5507 of title
49, United States Code, $2,000,000 for each of fiscal years
2022 through 2025 from funds made available to carry out
sections 512 through 518 of title 23, United States Code.
(4) National cooperative multimodal freight transportation
research program.--To carry out section 70205 of title 49,
United States Code, $4,000,000 for each of fiscal years 2022
through 2025.
(5) State surface transportation system funding pilots.--To
carry out section 6020 of the FAST Act (23 U.S.C. 503 note),
$35,000,000 for each of fiscal years 2022 through 2025 from
funds made available to carry out section 503(b) of title 23,
United States Code.
(6) National surface transportation system funding pilot.--
To carry out section 5402 of this title, $10,000,000 for each
of fiscal years 2022 through 2025 from funds made available to
carry out section 503(b) of title 23, United States Code.
(c) Administration.--The Federal Highway Administration shall--
(1) administer the programs described in paragraphs (1),
(2), and (3) of subsection (a) and paragraph (1) of subsection
(b); and
(2) in consultation with relevant modal administrations,
administer the programs described in subsections (a)(4) and
(b)(2).
(d) Treatment of Funds.--Funds authorized to be appropriated by
subsections (a) and (b) shall--
(1) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using those funds shall be
80 percent, unless otherwise expressly provided by this title
(including the amendments by this title) or otherwise
determined by the Secretary; and
(2) remain available until expended and not be
transferable, except as otherwise provided in this title.
Subtitle A--Research and Development
SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Section 503 of title 23, United States Code, is
amended--
(1) in subsection (a)(2) by striking ``section 508'' and
inserting ``section 6503 of title 49''; and
(2) in subsection (b)--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (ii) by striking ``;
and'' and inserting a semicolon;
(II) in clause (iii) by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following:
``(iv) to reduce greenhouse gas emissions
and limit the effects of climate change.''; and
(ii) by striking subparagraphs (D) and (E);
(B) in paragraph (4)(A)--
(i) in clause (ii) by striking ``; and''
and inserting a semicolon;
(ii) in clause (iii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) to reduce greenhouse gas emissions
and limit the effects of climate change.'';
(C) in paragraph (5)(A)--
(i) in clause (iv) by striking ``; and''
and inserting a semicolon;
(ii) in clause (v) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(vi) reducing greenhouse gas emissions
and limiting the effects of climate change.'';
(D) in paragraph (8)(A) by inserting ``, ferry,''
after ``highway'' each place it appears; and
(E) by adding at the end the following:
``(9) Analysis tools.--The Secretary may develop
interactive modeling tools and databases that--
``(A) track the condition of highway assets,
including interchanges, and the reconstruction history
of such assets;
``(B) can be used to assess transportation options;
``(C) allow for the monitoring and modeling of
network-level traffic flows on highways; and
``(D) further Federal and State understanding of
the importance of national and regional connectivity
and the need for long-distance and interregional
passenger and freight travel by highway and other
surface transportation modes.
``(10) Performance management data support program.--
``(A) Performance management data support.--The
Administrator of the Federal Highway Administration
shall develop, use, and maintain data sets and data
analysis tools to assist metropolitan planning
organizations, States, and the Federal Highway
Administration in carrying out performance management
analyses (including the performance management
requirements under section 150).
``(B) Inclusions.--The data analysis activities
authorized under subparagraph (A) may include--
``(i) collecting and distributing vehicle
probe data describing traffic on Federal-aid
highways;
``(ii) collecting household travel behavior
data to assess local and cross-jurisdictional
travel, including to accommodate external and
through travel;
``(iii) enhancing existing data collection
and analysis tools to accommodate performance
measures, targets, and related data, so as to
better understand trip origin and destination,
trip time, and mode;
``(iv) enhancing existing data analysis
tools to improve performance predictions and
travel models in reports described in section
150(e);
``(v) developing tools--
``(I) to improve performance
analysis; and
``(II) to evaluate the effects of
project investments on performance;
``(vi) assisting in the development or
procurement of the transportation system access
data under section 1403(g) of the INVEST in
America Act; and
``(vii) developing tools and acquiring data
described under paragraph (9).
``(C) Funding.--The Administrator of the Federal
Highway Administration may use up to $15,000,000 for
each of fiscal years 2022 through 2025 to carry out
this paragraph.''.
(b) Repeal.--Section 6028 of the FAST Act (23 U.S.C. 150 note), and
the item relating to such section in the table of contents in section
1(b) of such Act, are repealed.
SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS PROGRAM.
Section 503 of title 23, United States Code, as amended by section
5101, is further amended by adding at the end the following:
``(d) Materials to Reduce Greenhouse Gas Emissions Program.--
``(1) In general.--Not later than 6 months after the date
of enactment of this subsection, the Secretary shall establish
and implement a program under which the Secretary shall award
grants to eligible entities to research and support the
development of materials that will reduce or sequester the
amount of greenhouse gas emissions generated during the
production of highway materials and the construction of
highways.
``(2) Activities.--The Secretary shall ensure that the
program, at a minimum--
``(A) carries out research to determine the
materials proven to most effectively reduce or
sequester greenhouse gas emissions;
``(B) evaluates and improves the ability of
materials to most effectively reduce or sequester
greenhouse gas emissions; and
``(C) supports the development and deployment of
materials that will reduce or sequester greenhouse gas
emissions.
``(3) Competitive selection process.--
``(A) Applications.--To be eligible to receive a
grant under this subsection, an eligible entity shall
submit to the Secretary an application in such form and
containing such information as the Secretary may
require.
``(B) Consideration.--In making grants under this
subsection, the Secretary shall consider the degree to
which applicants presently carry out research on
materials that reduce or sequester greenhouse gas
emissions.
``(C) Selection criteria.--The Secretary may make
grants under this subsection to any eligible entity
based on the demonstrated ability of the applicant to
fulfill the activities described in paragraph (2).
``(D) Transparency.--
``(i) In general.--The Secretary shall
provide to each eligible entity submitting an
application under this subsection, upon
request, any materials, including copies of
reviews (with any information that would
identify a reviewer redacted), used in the
evaluation process of the application of such
entity.
``(ii) Reports.--The Secretary shall submit
to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Environment and Public
Works of the Senate a report describing the
overall review process for a grant under this
subsection, including--
``(I) specific criteria of
evaluation used in the review;
``(II) descriptions of the review
process; and
``(III) explanations of the grants
awarded.
``(4) Grants.--
``(A) Restrictions.--
``(i) In general.--For each fiscal year, a
grant made available under this subsection
shall be not greater than $4,000,000 and not
less than $2,000,000 per recipient.
``(ii) Limitation.--An eligible entity may
only receive 1 grant in a fiscal year under
this subsection.
``(B) Matching requirements.--
``(i) In general.--As a condition of
receiving a grant under this subsection, a
grant recipient shall match 50 percent of the
amounts made available under the grant.
``(ii) Sources.--The matching amounts
referred to in clause (i) may include amounts
made available to the recipient under--
``(I) section 504(b); or
``(II) section 505.
``(5) Program coordination.--
``(A) In general.--The Secretary shall--
``(i) coordinate the research, education,
and technology transfer activities carried out
by grant recipients under this subsection;
``(ii) disseminate the results of that
research through the establishment and
operation of a publicly accessible online
information clearinghouse; and
``(iii) to the extent practicable, support
the deployment and commercial adoption of
effective materials researched or developed
under this subsection to relevant stakeholders.
``(B) Annual review and evaluation.--Not later than
2 years after the date of enactment of this subsection,
and not less frequently than annually thereafter, the
Secretary shall, consistent with the activities in
paragraph (3)--
``(i) review and evaluate the programs
carried out under this subsection by grant
recipients, describing the effectiveness of the
program in identifying materials that reduce or
sequester greenhouse gas emissions;
``(ii) submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Environment and Public Works of the Senate a
report describing such review and evaluation;
and
``(iii) make the report in clause (ii)
available to the public on a website.
``(6) Limitation on availability of amounts.--Amounts made
available to carry out this subsection shall remain available
for obligation by the Secretary for a period of 3 years after
the last day of the fiscal year for which the amounts are
authorized.
``(7) Information collection.--Any survey, questionnaire,
or interview that the Secretary determines to be necessary to
carry out reporting requirements relating to any program
assessment or evaluation activity under this subsection,
including customer satisfaction assessments, shall not be
subject to chapter 35 of title 44.
``(8) Definition of eligible entity.--In this subsection,
the term `eligible entity' means a nonprofit institution of
higher education, as such term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).''.
SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC
PLAN.
Section 6503 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``The Secretary'' and
inserting ``For the period of fiscal years 2017 through 2021,
and for each 5-year period thereafter, the Secretary'';
(2) in subsection (c)(1)--
(A) in subparagraph (D) by inserting ``and the
existing transportation system'' after
``infrastructure'';
(B) in subparagraph (E) by striking ``; and'' and
inserting a semicolon;
(C) by amending subparagraph (F) to read as
follows:
``(F) reducing greenhouse gas emissions; and''; and
(D) by adding at the end the following:
``(G) developing and maintaining a diverse
workforce in transportation sectors;''; and
(3) in subsection (d) by striking ``not later than December
31, 2016,'' and inserting ``not later than December 31,
2021,''.
SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (b)(4)--
(A) in subparagraph (A) by striking ``research
priorities identified in chapter 65.'' and inserting
the following: ``following research priorities:
``(i) Improving the mobility of people and
goods.
``(ii) Reducing congestion.
``(iii) Promoting safety.
``(iv) Improving the durability and
extending the life of transportation
infrastructure and the existing transportation
system.
``(v) Preserving the environment.
``(vi) Reducing greenhouse gas
emissions.''; and
(B) in subparagraph (B)--
(i) by striking ``Technology and'' and
inserting ``Technology,''; and
(ii) by inserting ``, the Associate
Administrator for Research, Demonstration, and
Innovation and Administrator of the Federal
Transit Administration,'' after ``Federal
Highway Administration'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year
after the date of enactment of this section,''
and inserting the following:
``(A) Selection of grants.--Not later than 1 year
after the date of enactment of the INVEST in America
Act,''; and
(ii) by adding at the end the following:
``(B) Limitations.--A grant under this subsection
may not include a cooperative agreement described in
section 6305 of title 31.'';
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``5
consortia'' and inserting ``6 consortia'';
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``not
greater than $4,000,000 and not less
than $2,000,000'' and inserting ``not
greater than $4,250,000 and not less
than $2,250,000''; and
(II) in clause (ii) by striking
``section 6503(e)'' and inserting
``subsection (b)(4)(A)'';
(iii) in subparagraph (C) by striking ``100
percent'' and inserting ``50 percent''; and
(iv) by adding at the end the following:
``(D) Requirement.--In awarding grants under this
section, the Secretary shall award 1 grant to a
national consortia for each focus area described in
subsection (b)(4)(A).'';
(C) in paragraph (3)--
(i) in subparagraph (C) by striking ``not
greater than $3,000,000 and not less than
$1,500,000'' and inserting ``not greater than
$3,250,000 and not less than $1,750,000'';
(ii) in subparagraph (D)(i) by striking
``100 percent'' and inserting ``50 percent'';
and
(iii) by striking subparagraph (E); and
(D) in paragraph (4)--
(i) in subparagraph (A) by striking
``greater than $2,000,000 and not less than
$1,000,000'' and inserting ``greater than
$2,250,000 and not less than $1,250,000''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) Requirements.--In awarding grants under this
paragraph, the Secretary shall--
``(i) consider consortia that include
institutions that have demonstrated an ability
in transportation-related research; and
``(ii) award not less than 2 grants under
this section to minority institutions, as such
term is defined in section 365 of the Higher
Education Act of 1965 (20 U.S.C. 1067k).
``(D) Focused research.--
``(i) In general.--In awarding grants under
this section, the Secretary shall select not
less than 1 grant recipient with each of the
following focus areas:
``(I) Transit.
``(II) Connected and automated
vehicle technology.
``(III) Non-motorized
transportation, including bicycle and
pedestrian safety.
``(IV) Developing metropolitan
planning practices to meet the
considerations described in section
134(c)(4) of title 23 and section
5303(c)(4).
``(V) The surface transportation
workforce, including current and future
workforce needs and challenges; and
``(VI) Climate change mitigation,
including--
``(aa) researching the
types of transportation
projects that are expected to
provide the most significant
greenhouse gas emissions
reductions from the surface
transportation sector; and
``(bb) researching the
types of transportation
projects that are not expected
to provide significant
greenhouse gas emissions
reductions from the surface
transportation sector.
``(ii) Additional grants.--In awarding
grants under this section and after awarding
grants pursuant to clause (i), the Secretary
may award any remaining grants to any grant
recipient based on the criteria described in
subsection (b)(4)(A).
``(E) Considerations for selected institutions.--
``(i) In general.--Tier 1 transportation
centers awarded a grant under this paragraph
with a focus area described in subparagraph
(D)(i)(IV) shall consider the following areas
for research:
``(I) strategies to address climate
change mitigation and impacts described
in section 134(i)(2)(I)(ii) of title 23
and the incorporation of such
strategies into long range
transportation plan; and
``(II) preparation of a
vulnerability assessment described in
section 134(i)(2)(I)(iii) of title 23.
``(ii) Activities.--A tier 1 transportation
center receiving a grant under this section
with a focus area described in subparagraph
(D)(i)(IV) may--
``(I) establish best practices;
``(II) develop modeling tools; and
``(III) carry out other activities
and develop technology that addresses
the planning considerations described
in clause (i).
``(iii) Limitation.--Research under this
paragraph shall focus on metropolitan planning
organizations that represent urbanized areas
with populations of 200,000 or fewer.'';
(3) in subsection (d)(3) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2025'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
``(f) Surplus Amounts.--
``(1) In general.--Amounts made available to the Secretary
to carry out this section that remain unobligated after
awarding grants under subsection (c) shall be made available
under the unsolicited research initiative under section 5506.
``(2) Limitation on amounts.--Amounts under paragraph (1)
shall not exceed $2,000,000 for any given fiscal year.''.
SEC. 5105. UNSOLICITED RESEARCH INITIATIVE.
(a) In General.--Chapter 55 of title 49, United States Code, is
amended by inserting after section 5505 the following new section:
``Sec. 5506. Unsolicited research initiative
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish a program
under which an eligible entity may at any time submit unsolicited
research proposals for funding under this section.
``(b) Criteria.--A research proposal submitted under subsection (a)
shall meet the purposes of the Secretary's 5-year transportation
research and development strategic plan described in section
6503(c)(1).
``(c) Project Review.--Not later than 90 days after an eligible
entity submits a proposal under subsection (a), the Secretary shall--
``(1) review the research proposal submitted under
subsection (a);
``(2) evaluate such research proposal relative to the
criteria described in subsection (b);
``(3) provide to such eligible entity a written notice
that--
``(A) if the research proposal is not selected for
funding under this section--
``(i) notifies the eligible entity that the
research proposal has not been selected for
funding;
``(ii) provides an explanation as to why
the research proposal was not selected,
including if the research proposal does not
cover an area of need; and
``(iii) if applicable, recommend that the
research proposal be submitted to another
research program; and
``(B) if the research proposal is selected for
funding under this section, notifies the eligible
entity that the research proposal has been selected for
funding; and
``(4) fund the proposals described in paragraph (3)(B).
``(d) Report.--Not later than 18 months after the date of enactment
of this section, and annually thereafter, the Secretary shall make
available to the public on a public website, a report on the progress
and findings of the program established under subsection (a).
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section may not exceed 50
percent.
``(2) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity carried
out under this section.
``(f) Funding.--
``(1) In general.--Of the funds made available to carry out
the university transportation centers program under section
5505, $2,000,000 shall be available for each of fiscal years
2022 through 2025 to carry out this section.
``(2) Funding flexibility.--
``(A) In general.--For fiscal years 2022 through
2025, funds made available under paragraph (1) shall
remain available until expended.
``(B) Uncommitted funds.--If the Secretary
determines, at the end of a fiscal year, funds under
paragraph (1) remain unexpended as a result of a lack
of meritorious projects under this section, the
Secretary may, for the following fiscal year, make
remaining funds available under either this section or
under section 5505.
``(g) Eligible Entity Defined.--In this section, the term `eligible
entity' means
``(1) a State;
``(2) a unit of local government;
``(3) a transit agency;
``(4) any nonprofit institution of higher education,
including a university transportation center under section
5505; and
``(5) a nonprofit organization.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by inserting after the item relating to
section 5505 the following new item:
``5506. Unsolicited research initiative.''.
SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT TRANSPORTATION
RESEARCH PROGRAM.
(a) In General.--Chapter 702 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 70205. National cooperative multimodal freight transportation
research program
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish and support a
national cooperative multimodal freight transportation research
program.
``(b) Agreement.--Not later than 6 months after the date of
enactment of this section, the Secretary shall seek to enter into an
agreement with the National Academy of Sciences to support and carry
out administrative and management activities relating to the governance
of the national cooperative multimodal freight transportation research
program.
``(c) Advisory Committee.--In carrying out the agreement described
in subsection (b), the National Academy of Sciences shall select a
multimodal freight transportation research advisory committee
consisting of multimodal freight stakeholders, including, at a
minimum--
``(1) a representative of the Department of Transportation;
``(2) representatives of any other Federal agencies
relevant in supporting the nation's multimodal freight
transportation research needs;
``(3) a representative of a State department of
transportation;
``(4) a representative of a local government (other than a
metropolitan planning organization);
``(5) a representative of a metropolitan planning
organization;
``(6) a representative of the trucking industry;
``(7) a representative of the railroad industry;
``(8) a representative of the port industry;
``(9) a representative of logistics industry;
``(10) a representative of shipping industry;
``(11) a representative of a safety advocacy group with
expertise in freight transportation;
``(12) an academic expert on multimodal freight
transportation;
``(13) an academic expert on the contributions of freight
movement to greenhouse gas emissions; and
``(14) representatives of labor organizations.
``(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.
SEC. 5108. RESEARCH ACTIVITIES.
Section 330(g) of title 49, United States Code, is amended by
striking ``each of fiscal years 2016 through 2020'' and inserting
``each of fiscal years 2022 through 2025''.
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 (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) reducing greenhouse gas emissions and
limiting the effects of climate change.''; and
(2) in paragraph (2)(A) by striking the period and
inserting ``and findings from the materials to reduce
greenhouse gas emissions program under subsection (d).''.
SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF PAVEMENT
TECHNOLOGIES.
Section 503(c)(3) of title 23, United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (v) by striking ``; and'' and
inserting a semicolon;
(B) in clause (vi) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(vii) the deployment of innovative
pavement designs, materials, and practices that
reduce or sequester the amount of greenhouse
gas emissions generated during the production
of highway materials and the construction of
highways, with consideration for findings from
the materials to reduce greenhouse gas
emissions program under subsection (d).'';
(2) in subparagraph (C) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2025''; and
(3) in subparagraph (D)(ii)--
(A) in subclause (III) by striking ``; and'' and
inserting a semicolon;
(B) in subclause (IV) by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(V) pavement monitoring and data
collection practices;
``(VI) pavement durability and
resilience;
``(VII) stormwater management;
``(VIII) impacts on vehicle
efficiency;
``(IX) the energy efficiency of the
production of paving materials and the
ability of paving materials to enhance
the environment and promote
sustainability;
``(X) integration of renewable
energy in pavement designs; and
``(XI) greenhouse gas emissions
reduction, including findings from the
materials to reduce greenhouse gas
emissions program under subsection
(d).''.
SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY DAY COUNTS INITIATIVE.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 520. Every Day Counts initiative
``(a) In General.--It is in the national interest for the
Department of Transportation, State departments of transportation, and
all other recipients of Federal surface transportation funds--
``(1) to identify, accelerate, and deploy innovation aimed
at expediting project delivery;
``(2) enhancing the safety of the roadways of the United
States, and protecting the environment;
``(3) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is done
in an efficient and effective manner;
``(4) to promote the rapid deployment of proven solutions
that provide greater accountability for public investments and
encourage greater private sector involvement; and
``(5) to create a culture of innovation within the highway
community.
``(b) Every Day Counts Initiative.--To advance the policy described
in subsection (a), the Administrator of the Federal Highway
Administration shall continue the Every Day Counts initiative to work
with States, local transportation agencies, and industry stakeholders
to identify and deploy proven innovative practices and products that--
``(1) accelerate innovation deployment;
``(2) expedite the project delivery process;
``(3) improve environmental sustainability;
``(4) enhance roadway safety;
``(5) reduce congestion; and
``(6) reduce greenhouse gas emissions.
``(c) Considerations.--In carrying out the Every Day Counts
initiative, the Administrator shall consider any innovative practices
and products in accordance with subsections (a) and (b), including--
``(1) research results from the university transportation
centers program under section 5505 of title 49; and
``(2) results from the materials to reduce greenhouse gas
emissions program in section 503(d).
``(d) Innovation Deployment.--
``(1) In general.--At least every 2 years, the
Administrator shall work collaboratively with stakeholders to
identify a new collection of innovations, best practices, and
data to be deployed to highway stakeholders through case
studies, outreach, and demonstration projects.
``(2) Requirements.--In identifying a collection described
in paragraph (1), the Secretary shall take into account market
readiness, impacts, benefits, and ease of adoption of the
innovation or practice.
``(e) Publication.--Each collection identified under subsection (d)
shall be published by the Administrator on a publicly available
website.
``(f) Funding.--The Secretary may use funds made available to carry
out section 503(c) to carry out this section.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding at the end the following new
item:
``520. Every Day Counts initiative.''.
(c) Repeal.--Section 1444 of the FAST Act (23 U.S.C. 101 note), and
the item related to such section in the table of contents in section
1(b) of such Act, are repealed.
Subtitle C--Emerging Technologies
SEC. 5301. SAFE, EFFICIENT MOBILITY THROUGH ADVANCED TECHNOLOGIES.
Section 503(c)(4) of title 23, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``Not later than 6 months after the
date of enactment of this paragraph, the'' and
inserting ``The'';
(B) by striking ``establish an advanced
transportation and congestion management technologies
deployment'' and inserting ``establish a safe,
efficient mobility through advanced technologies'';
(C) by inserting ``mobility,'' before
``efficiency,''; and
(D) by inserting ``environmental impacts,'' after
``system performance,'';
(2) in subparagraph (B)--
(A) by striking clause (i) and inserting the
following:
``(i) reduce costs, improve return on
investments, and improve person throughput and
mobility, including through the optimization of
existing transportation capacity;'';
(B) in clause (iv) by inserting ``bicyclist and''
before ``pedestrian'';
(C) in clause (vii) by striking ``; or'' and
inserting a semicolon;
(D) in clause (viii)--
(i) by striking ``accelerate'' and
inserting ``prepare for'';
(ii) by striking ``autonomous'' and
inserting ``automated''; and
(iii) by striking the period and inserting
``; or''; and
(E) by adding at the end the following:
``(ix) reduce greenhouse gas emissions and
limit the effects of climate change.'';
(3) in subparagraph (C)--
(A) in clause (ii)(II)(aa) by striking
``congestion, and costs'' and inserting ``congestion
and delays, greenhouse gas emissions, and costs
incurred by road users''; and
(B) by adding at the end the following:
``(iii) Considerations.--An application
submitted under this paragraph may include a
description of how the proposed project would
support the national goals described in section
150(b), the achievement of metropolitan and
statewide targets established under section
150(d), or the improvement of transportation
system access consistent with section 150(f),
including through--
``(I) the congestion and on-road
mobile-source emissions performance
measure established under section
150(c)(5); or
``(II) the greenhouse gas emissions
performance measure established under
section 150(c)(7).'';
(4) in subparagraph (D) by adding at the end the following:
``(iv) Prioritization.--In awarding a grant
under this paragraph, the Secretary shall
prioritize projects that, in accordance with
the criteria described in subparagraph (B)--
``(I) improve person throughput and
mobility, including through the
optimization of existing transportation
capacity;
``(II) deliver environmental
benefits;
``(III) reduce the number and
severity of traffic accidents and
increase driver, passenger, and
bicyclist and pedestrian safety; or
``(IV) reduce greenhouse gas
emissions.
``(v) Grant distribution.--The Secretary
shall award not fewer than 3 grants under this
paragraph based on the potential of the project
to reduce the number and severity of traffic
crashes and increase, driver, passenger, and
bicyclist and pedestrian safety.'';
(5) in subparagraph (E)--
(A) in clause (vi)--
(i) by inserting ``, vehicle-to-
pedestrian,'' after ``vehicle-to-vehicle''; and
(ii) by inserting ``automated vehicles,
systems to improve vulnerable road user
safety,'' after ``technologies associated
with'' ; and
(B) in clause (ix) by inserting ``, including
activities under section 5316 of title 49'' after
``disabled individuals'';
(6) by striking subparagraph (G) and inserting the
following:
``(G) Reporting.--
``(i) Applicability of law.--The program
under this paragraph shall be subject to the
accountability and oversight requirements in
section 106(m).
``(ii) Report.--Not later than 1 year after
the date that the first grant is awarded under
this paragraph, and each year thereafter, the
Secretary shall make available to the public on
a website a report that describes the
effectiveness of grant recipients in meeting
their projected deployment plans, including
data provided under subparagraph (F) on how the
program has--
``(I) reduced traffic-related
fatalities and injuries;
``(II) reduced traffic congestion
and improved travel time reliability;
``(III) reduced transportation-
related emissions;
``(IV) optimized multimodal system
performance;
``(V) improved access to
transportation alternatives;
``(VI) provided the public with
access to real-time integrated traffic,
transit, and multimodal transportation
information to make informed travel
decisions;
``(VII) provided cost savings to
transportation agencies, businesses,
and the traveling public; or
``(VIII) provided other benefits to
transportation users and the general
public.
``(iii) Considerations.--If applicable, the
Secretary shall ensure that the activities
described in subclauses (I) and (IV) of clause
(ii) reflect--
``(I) any information described in
subparagraph (C)(iii) that is included
by an applicant; or
``(II) the project prioritization
guidelines under subparagraph
(D)(iv).'';
(7) in subparagraph (I) by striking ``(i) In general'' and
all that follows through ``the Secretary may set aside'' and
inserting ``Of the amounts made available to carry out this
paragraph, the Secretary may set aside'';
(8) in subparagraph (J) by striking the period at the end
and inserting ``, except that the Federal share of the cost of
a project for which a grant is awarded under this paragraph
shall not exceed 80 percent.'';
(9) 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 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).''; and
(10) 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 with expertise in labor
issues, including--
``(i) disruptions due to technology; and
``(ii) opportunities and barriers related
to transportation and the incorporation of
emerging technology; and'';
(E) by redesignating subparagraph (K) as
subparagraph (H); and
(F) by striking subparagraph (L);
(2) in paragraph (3)--
(A) in subparagraph (A) by striking ``section 508''
and inserting ``section 6503 of title 49'';
(B) in subparagraph (B)--
(i) in clause (ii)--
(I) by inserting ``in both urban
and rural areas'' after ``by users'';
and
(II) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (iii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) assess how Federal transportation
resources, including programs under this title,
are being used to advance intelligent
transportation systems.''; and
(C) by adding at the end the following:
``(C) Convene not less frequently than twice each
year, either in person or remotely.'';
(3) in paragraph (4) by striking ``May 1'' and inserting
``April 1''; and
(4) in paragraph (5) by inserting ``, except that section
14 of such Act shall not apply'' before the period at the end.
(d) Research and Development.--Section 516(b) of title 23, United
States Code, is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) demonstrate reductions in greenhouse gas
emissions;''.
SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION
CLEARINGHOUSE.
(a) In General.--Chapter 55 of title 49, United States Code, is
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 to--
``(1) operate a national highly automated vehicle and
mobility innovation clearinghouse;
``(2) collect, conduct, and fund research on the secondary
impacts of highly automated vehicles and mobility innovation;
``(3) make such research available on a public website; and
``(4) conduct outreach and dissemination of the information
described in this subsection to assist communities.
``(b) Definitions.--In this section:
``(1) Highly automated vehicle.--The term `highly automated
vehicle' means a motor vehicle that--
``(A) is capable of performing the entire task of
driving (including steering, accelerating and
decelerating, and reacting to external stimulus)
without human intervention; and
``(B) is designed to be operated exclusively by a
Level 4 or Level 5 automated driving system for all
trips according to the recommended practice standards
published on June 15, 2018, by the Society of
Automotive Engineers International (J3016_201806) or
equivalent standards adopted by the Secretary with
respect to automated motor vehicles.
``(2) Mobility innovation.--The term `mobility innovation'
means an activity described in section 5316, including mobility
on demand and mobility as a service (as such terms are defined
in such section).
``(3) Institution of higher education .--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(4) Secondary impacts.--The term `secondary impacts'
means the impacts on land use, urban design, transportation,
real estate, accessibility, municipal budgets, social equity,
and the environment.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by adding at the end 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 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;
and
(E) 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 of both passenger and commercial
automated vehicles; and
(O) other industries and entities as the Secretary
determines appropriate.
(3) Duties.--The working group established under paragraph
(1) shall assist the Secretary by, at a minimum--
(A) assisting in the development of the scope of
the study under subsection (b);
(B) reviewing the data and analysis from such
study;
(C) provide ongoing recommendations and feedback to
ensure that such study reflects the contents described
in paragraphs (2) and (3) of subsection (b); and
(D) providing input to the Secretary on
recommendations required under subsection (b)(2)(C).
(4) Applicability of the federal advisory committee act.--
The working group under this subsection shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.), except that
section 14 of such Act shall not apply.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate, and make publicly available, the study initiated under
subsection (b), including recommendations for ensuring that automated
vehicles safely interact with general road users.
(e) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle''
means a motor vehicle equipped with Level 3, Level 4, or Level
5 automated driving systems for all trips according to the
recommended practice standards published on June 15, 2018 by
the Society of Automotive Engineers International
(J3016_201806) or equivalent standards adopted by the Secretary
with respect to automated motor vehicles.
(2) General road users.--The term ``general road users''
means--
(A) motor vehicles driven by individuals;
(B) bicyclists and pedestrians;
(C) motorcyclists;
(D) workers in roadside construction zones;
(E) emergency response vehicles, including first
responders;
(F) vehicles providing local government services,
including street sweepers and waste collection
vehicles;
(G) law enforcement officers;
(H) personnel who manually direct traffic,
including crossing guards; and
(I) other road users that may interact with
automated vehicles, as determined by the Secretary of
Transportation.
(3) Vulnerable road user.--The term ``vulnerable road
user'' has the meaning given such term in section 148(a) of
title 23, United States Code.
SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPORTATION TECHNOLOGY
COUNCIL.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 118. Nontraditional and Emerging Transportation Technology
Council
``(a) Establishment.--The Secretary of Transportation shall
establish a Nontraditional and Emerging Transportation Technology
Council (hereinafter referred to as the `Council') in accordance with
this section.
``(b) Membership.--
``(1) In general.--The Council shall be composed of the
following officers of the Department of Transportation:
``(A) The Secretary of Transportation.
``(B) The Deputy Secretary of Transportation.
``(C) The Under Secretary of Transportation for
Policy.
``(D) The General Counsel of the Department of
Transportation.
``(E) The Chief Information Officer of the
Department of Transportation.
``(F) The Assistant Secretary for Research and
Technology.
``(G) The Assistant Secretary for Budget and
Programs.
``(H) The Administrator of the Federal Aviation
Administration.
``(I) The Administrator of the Federal Highway
Administration.
``(J) The Administrator of the Federal Motor
Carrier Safety Administration.
``(K) The Administrator of the Federal Railroad
Administration.
``(L) The Administrator of the Federal Transit
Administration.
``(M) The Administrator of the Federal Maritime
Administration.
``(N) The Administrator of the National Highway
Traffic Safety Administration.
``(O) The Administrator of the Pipeline and
Hazardous Materials Safety Administration.
``(2) Additional members.--The Secretary may designate
additional members of the Department to serve as at-large
members of the Council.
``(3) Chair and vice chair.--The Secretary may designate
officials to serve as the Chair and Vice Chair of the Council
and of any working groups of the Council.
``(c) Duties.--The Council shall--
``(1) identify and resolve any jurisdictional or regulatory
gaps or inconsistencies associated with nontraditional and
emerging transportation technologies, modes, or projects
pending or brought before the Department to eliminate, so far
as practicable, impediments to the prompt and safe deployment
of new and innovative transportation technology, including with
respect to safety regulation and oversight, environmental
review, and funding issues;
``(2) coordinate the Department's internal oversight of
nontraditional and emerging transportation technologies, modes,
or projects and engagement with external stakeholders;
``(3) within applicable statutory authority other than this
paragraph, develop and establish department-wide processes,
solutions, and best practices for identifying, managing and
resolving issues regarding emerging transportation
technologies, modes, or projects pending or brought before the
Department; and
``(4) carry out such additional duties as the Secretary may
prescribe, to the extent consistent with this title, including
subsections (f)(2) and (g) of section 106.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by adding at the end the following:
``118. Nontraditional and Emerging Transportation Technology
Council.''.
SEC. 5306. HYPERLOOP TRANSPORTATION.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation, acting through
the Nontraditional and Emerging Transportation Technology Council of
the Department of Transportation, shall issue guidance to provide a
clear regulatory framework for the safe deployment of hyperloop
transportation.
(b) Elements.--In developing the guidance under subsection (a), the
Council shall--
(1) consider safety, oversight, environmental, project
delivery, and other regulatory requirements prescribed by
various modal administrations in the Department;
(2) clearly delineate between relevant authorities with
respect to hyperloop transportation in the Department and
provide project sponsors with a single point of access to the
Department to inquire about projects, plans, and proposals;
(3) establish clear, coordinated procedures for the
regulation of hyperloop transportation projects; and
(4) develop and establish department-wide processes,
solutions, and best practices for identifying, managing, and
resolving matters regarding hyperloop transportation subject to
the Department's jurisdiction.
Subtitle D--Surface Transportation Funding Pilot Programs
SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOTS.
Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Eligibility.--
``(1) Application.--To be eligible for a grant under this
section, a State or group of States shall submit to the
Secretary an application in such form and containing such
information as the Secretary may require.
``(2) Eligible projects.--The Secretary may provide grants
to States under this section for the following projects:
``(A) State pilot projects.--A pilot project to
demonstrate a user-based alternative revenue mechanism
in a State that has received not more than 1 grant
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; and
``(ii) that is comprised of activities not
substantially similar in manner or scope to
activities previously carried out by the
recipient with a grant for a pilot project to
demonstrate such a mechanism under this
section, unless such activities are essential
to the implementation of a surface
transportation system funding alternative.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``2 or more
future''; and
(B) by adding at the end the following:
``(6) To test solutions to ensure the privacy and security
of data collected for the purpose of implementing a user-based
alternative revenue mechanism.'';
(3) in subsection (d) by striking ``to test the design,
acceptance, and implementation of a user-based alternative
revenue mechanism'' and inserting ``to test the design and
acceptance of, or implement, a user-based alternative revenue
mechanism'';
(4) in subsection (g) by striking ``50 percent'' and
inserting ``80 percent'';
(5) in subsection (i)--
(A) in the heading by striking ``Biennial'' and
inserting ``Annual'';
(B) by striking ``2 years after the date of
enactment of this Act'' and inserting ``1 year after
the date of enactment of the INVEST in America Act'';
(C) by striking ``every 2 years thereafter'' and
inserting ``every year thereafter''; and
(D) by inserting ``and containing a determination
of the characteristics of the most successful
mechanisms with the highest potential for future
widespread deployment'' before the period at the end;
and
(6) by striking subsections (j) and (k) and inserting the
following:
``(j) Funding.--Of amounts made available to carry out this
section--
``(1) for fiscal year 2022, $17,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $17,5000,000
shall be used to carry out projects under subsection (b)(2)(B);
``(2) for fiscal year 2023, $15,000,000 shall be used to
carry out projects under subsection (b)(2)(A) and $20,000,000
shall be used to carry out projects under subsection (b)(2)(B);
``(3) for fiscal year 2024, $12,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $22,500,000
shall be used to carry out projects under subsection (b)(2)(B);
and
``(4) for fiscal year 2025, $10,000,000 shall be used to
carry out projects under subsection (b)(2)(A) and $25,000,000
shall be used to carry out projects under subsection (b)(2)(B).
``(k) Funding Flexibility.--Funds made available in a fiscal year
for making grants for projects under subsection (b)(2) that are not
expended in such fiscal year may be made available in the following
fiscal year for projects under such subsection or for the national
surface transportation system funding pilot under section 5402 of the
INVEST in America Act.''.
SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM FUNDING PILOT.
(a) Establishment.--
(1) In general.--The Secretary of Transportation, in
coordination with the Secretary of the Treasury, shall
establish a pilot program to demonstrate a national motor
vehicle per-mile user fee to restore and maintain the long-term
solvency of the Highway Trust Fund and achieve and maintain a
state of good repair in the surface transportation system.
(2) Objectives.--The objectives of the pilot program are
to--
(A) test the design, acceptance, implementation,
and financial sustainability of a national per-mile
user fee;
(B) address the need for additional revenue for
surface transportation infrastructure and a national
per-mile user fee; and
(C) provide recommendations regarding adoption and
implementation of a national per-mile user fee.
(b) Parameters.--In carrying out the pilot program established
under subsection (a), the Secretary of Transportation, in coordination
with the Secretary of the Treasury, shall--
(1) provide different methods that volunteer participants
can choose from to track motor vehicle miles traveled;
(2) solicit volunteer participants from all 50 States and
the District of Columbia;
(3) ensure an equitable geographic distribution by
population among volunteer participants;
(4) include commercial vehicles and passenger motor
vehicles in the pilot program; and
(5) use components of, and information from, the States
selected for the State surface transportation system funding
pilot program under section 6020 of the FAST Act (23 U.S.C. 503
note).
(c) Methods.--
(1) Tools.--In selecting the methods described in
subsection (b)(1), the Secretary of Transportation shall
coordinate with entities that voluntarily provide to the
Secretary for use in the program any of the following vehicle-
miles-traveled collection tools:
(A) Third-party on-board diagnostic (OBD-II)
devices.
(B) Smart phone applications.
(C) Telemetric data collected by automakers.
(D) Motor vehicle data obtained by car insurance
companies.
(E) Data from the States selected for the State
surface transportation system funding pilot program
under section 6020 of the FAST Act (23 U.S.C. 503
note).
(F) Motor vehicle data obtained from fueling
stations.
(G) Any other method that the Secretary considers
appropriate.
(2) Coordination.--
(A) Selection.--The Secretary shall determine which
methods under paragraph (1) are selected for the pilot
program.
(B) Volunteer participants.--In a manner that the
Secretary considers appropriate, the Secretary shall
provide each selected method to each volunteer
participant.
(d) Per-Mile User Fees.--For the purposes of the pilot program
established in subsection (a), the Secretary of the Treasury shall
establish on an annual basis--
(1) for passenger vehicles and light trucks, a per-mile
user fee that is equivalent to--
(A) the average annual taxes imposed by sections
4041 and 4081 of the Internal Revenue Code of 1986 with
respect to gasoline or any other fuel used in a motor
vehicle (other than aviation gasoline or diesel),
divided by
(B) the total vehicle miles traveled by passenger
vehicles and light trucks; and
(2) for medium- and heavy-duty trucks, a per-mile user fee
that is equivalent to--
(A) the average annual taxes imposed by sections
4041 and 4081 of such Code with respect to diesel fuel,
divided by
(B) the total vehicle miles traveled by medium- and
heavy-duty trucks.
Taxes shall only be taken into account under the preceding
sentence to the extent taken into account in determining
appropriations to the Highway Trust Fund under section 9503(b)
of such Code, and the amount so determined shall be reduced to
account for transfers from such fund under paragraphs (3), (4),
and (5) of section 9503(c) of such Code.
(e) Volunteer Participants.--The Secretary of Transportation, in
coordination with the Secretary of the Treasury, shall--
(1) ensure, to the extent practicable, that an appropriate
number of volunteer participants participate in the pilot
program; and
(2) issue policies to--
(A) protect the privacy of volunteer participants;
and
(B) secure the data provided by volunteer
participants.
(f) Public Awareness Campaign.--The Secretary of Transportation 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).
(g) 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.
(h) Agreement.--The Secretary of Transportation may enter into an
agreement with a volunteer participant containing such terms and
conditions as the Secretary considers necessary for participation in
the pilot program.
(i) Limitation.--Any revenue collected through the mechanism
established in subsection (g) shall not be considered a toll under
section 301 of title 23, United States Code.
(j) Highway Trust Fund.--The Secretary of the Treasury shall ensure
that any revenue collected under subsection (f) is deposited into the
Highway Trust Fund.
(k) 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.
(l) 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 (f)(2) were
complied with; and
(3) whether per-mile user fees can maintain the long-term
solvency of the Highway Trust Fund and achieve and maintain a
state of good repair in the surface transportation system.
(m) 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.
(n) Definitions.--In this section, the following definitions apply:
(1) Commercial vehicle.--The term ``commercial vehicle''
has the meaning given the term commercial motor vehicle in
section 31101 of title 49, United States Code.
(2) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established under section 9503 of
the Internal Revenue Code of 1986.
(3) Light truck.--The term ``light truck'' has the meaning
given the term in section 523.2 of title 49, Code of Federal
Regulations.
(4) Medium- and heavy-duty truck.--The term ``medium- and
heavy-duty truck'' has the meaning given the term ``commercial
medium- and heavy-duty on-highway vehicle'' in section 32901(a)
of title 49, United States Code.
(5) Per-mile user fee.--The term ``per-mile user fee''
means a revenue mechanism that--
(A) is applied to road users operating motor
vehicles on the surface transportation system; and
(B) is based on the number of vehicle miles
traveled by an individual road user.
(6) Volunteer participant.--The term ``volunteer
participant'' means--
(A) an owner or lessee of an individual private
motor vehicle who volunteers to participate in the
pilot program;
(B) a commercial vehicle operator who volunteers to
participate in the pilot program; or
(C) an owner of a motor vehicle fleet who
volunteers to participate in the pilot program.
Subtitle E--Miscellaneous
SEC. 5501. ERGONOMIC SEATING WORKING GROUP.
(a) In General.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation shall
convene a working group to examine the seating standards for
commercial drivers.
(2) Members.--At a minimum, the working group shall
include--
(A) seat manufacturers;
(B) commercial vehicle manufacturers;
(C) transit vehicle manufacturers;
(D) labor representatives for the trucking
industry;
(E) representatives from organizations engaged in
collective bargaining on behalf of transit workers in
not fewer than 3 States; and
(F) musculoskeletal health experts.
(b) Objectives.--The Secretary shall pursue the following
objectives through the working group:
(1) To identify health issues, including musculoskeletal
health issues, that afflict commercial drivers due to sitting
for long periods of time while on duty.
(2) To identify research topics for further development and
best practices to improve seating.
(3) To determine ways to incorporate improved seating into
manufacturing standards for public transit vehicles and
commercial vehicles.
(c) Report.--
(1) Submission.--Not later than 18 months after the date of
enactment of this Act, the working group shall submit to the
Secretary, the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
findings of the working group under this section and any
recommendations for the adoption of better ergonomic seating
for commercial drivers.
(2) Publication.--Upon receipt of the report in paragraph
(1), the Secretary shall publish the report on a publicly
accessible website of the Department.
(d) Applicability of Federal Advisory Committee Act.--The Advisory
Committee shall be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED STATES CODE.
(a) In General.--Section 6314 of title 49, United States Code, is
repealed.
(b) Conforming Amendments.--
(1) Title analysis.--The analysis for chapter 63 of title
49, United States Code, is amended by striking the item
relating to section 6314.
(2) Section 6307.--Section 6307(b) of title 49, United
States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``or
section 6314(b)'';
(ii) in subparagraph (B) by striking ``or
section 6314(b)''; and
(iii) in subparagraph (C) by striking ``or
section 6314(b)''; and
(B) in paragraph (2)(A) by striking ``or section
6314(b)''.
SEC. 5503. REPORTS.
Section 308(e)(1) of title 49, United States Code, is amended by
inserting ``, including public ferry systems,'' after ``mass
transportation systems''.
TITLE VI--MULTIMODAL TRANSPORTATION
SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY.
Section 70101(b) of title 49, United States Code, is amended--
(1) in paragraph (2) by inserting ``in rural and urban
areas'' after ``freight transportation'';
(2) in paragraph (7)--
(A) in subparagraph (B) by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) travel within population centers; and'';
(3) in paragraph (9) by striking ``; and'' and inserting
the following: ``including--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) minimizing, capturing, or treating stormwater
runoff or other adverse impacts to water quality; and
``(D) wildlife habitat loss;'';
(4) by redesignating paragraph (10) as paragraph (11); and
(5) by inserting after paragraph (9) the following:
``(10) to decrease any adverse impact of freight
transportation on communities located near freight facilities
or freight corridors; and''.
SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN.
Section 70102(c) of title 49, United States Code, is amended by
striking ``shall'' and all that follows through the end and inserting
the following: ``shall--
``(1) update the plan and publish the updated plan on the
public website of the Department of Transportation; and
``(2) include in the update described in paragraph (1)--
``(A) each item described in subsection (b); and
``(B) best practices to reduce the adverse
environmental impacts of freight-related--
``(i) greenhouse gas emissions;
``(ii) local air pollution;
``(iii) stormwater runoff or other adverse
impacts to water quality; and
``(iv) wildlife habitat loss.''.
SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK.
Section 70103 of title 49, United States Code, is amended--
(1) in subsection (b)(2)(C) by striking ``of the United
States that have'' and inserting the following: ``of the United
States that--
``(i) have a total annual value of cargo of
at least $1,000,000,000, as identified by
United States Customs and Border Protection and
reported by the Bureau of the Census; or
``(ii) have'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``Not later than 1
year after the date of enactment of this section,'' and
inserting the following:
``(A) Report to congress.--Not later than 30 days
after the date of enactment of the INVEST in America
Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing a
plan to designate a final National Multimodal Freight
Network, including a detailed summary of the resources
within the Office of the Secretary that will be
dedicated to carrying out such plan.
``(B) Designation of national multimodal freight
network.--Not later than 60 days after the submission
of the report described in subparagraph (A),'';
(B) in paragraph (3)(C)--
(i) by inserting ``and metropolitan
planning organizations'' after ``States''; and
(ii) by striking ``paragraph (4)'' and
inserting ``paragraphs (4) and (5)'';
(C) in paragraph (4)--
(i) in the header by inserting ``and
metropolitan planning organization'' after
``State'';
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by striking subparagraph (C) and
inserting the following:
``(C) Critical urban freight facilities and
corridors.--
``(i) Area with a population of over
500,000.--In an urbanized area with a
population of 500,000 or more individuals, the
representative metropolitan planning
organization, in consultation with the State,
may designate a freight facility or corridor
within the borders of the State as a critical
urban freight facility or corridor.
``(ii) Area with a population of less than
500,000.--In an urbanized area with a
population of less than 500,000 individuals,
the State, in consultation with the
representative metropolitan planning
organization, may designate a freight facility
or corridor within the borders of the State as
a critical urban freight corridor.
``(iii) Designation.--A designation may be
made under subparagraph (i) or (ii) if the
facility or corridor is in an urbanized area,
regardless of population, and such facility or
corridor--
``(I) provides access to the
primary highway freight system, the
Interstate system, or an intermodal
freight facility;
``(II) is located within a corridor
of a route on the primary highway
freight system and provides an
alternative option important to goods
movement;
``(III) serves a major freight
generator, logistics center, or
manufacturing and warehouse industrial
land;
``(IV) connects to an international
port of entry;
``(V) provides access to a
significant air, rail, water, or other
freight facility in the State; or
``(VI) is important to the movement
of freight within the region, as
determined by the metropolitan planning
organization or the State.
``(D) Limitation.--A State may propose additional
designations to the National Multimodal Freight Network
in the State in an amount that is--
``(i) for a highway project, not more than
20 percent of the total mileage designated by
the Under Secretary in the State; and
``(ii) for a non-highway project, using a
limitation determined by the Under
Secretary.''; and
(D) by adding at the end the following:
``(5) Required network components.--In designating or
redesignating the National Multimodal Freight Network, the
Under Secretary shall ensure that the National Multimodal
Freight Network includes the components described in subsection
(b)(2).''.
SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES.
Section 70201(a) of title 49, United States Code, is amended by
striking ``and local governments'' and inserting ``local governments,
metropolitan planning organizations, and the departments with
responsibility for environmental protection and air quality of the
State''.
SEC. 6005. STATE FREIGHT PLANS.
Section 70202(b) of title 49, United States Code, is amended--
(1) in paragraph (3)(A) by inserting ``and urban'' after
``rural'';
(2) in paragraph (9) by striking ``; and'' and inserting a
semicolon;
(3) by redesignating paragraph (10) as paragraph (12); and
(4) by inserting after paragraph (9) the following:
``(10) strategies and goals to decrease freight-related--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) stormwater runoff or other adverse impacts to
water quality; and
``(D) wildlife habitat loss;
``(11) strategies and goals to decrease any adverse impact
of freight transportation on communities located near freight
facilities or freight corridors; and''.
SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Transportation, in consultation with the
Secretary of the Treasury and the Commissioner of the Internal Revenue
Service, shall establish a joint task force to study the establishment
and administration of a fee on multimodal freight surface
transportation services.
(b) Contents.--The study required under subsection (a) shall
include the following:
(1) An estimation of the revenue that a fee of up to 1
percent on freight transportation services would raise.
(2) An identification of the entities that would be subject
to such a fee paid by the owners or suppliers of cargo.
(3) An analysis of the administrative capacity of Federal
agencies and freight industry participants to collect such a
fee and ensure compliance with fee requirements.
(4) Policy options to prevent avoidance of such a fee,
including diversion of freight services to foreign countries.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure and the Committee on Ways and
Means of the House of Representatives and the Committee on Environment
and Public Works and the Committee on Finance of the Senate the study
required under subsection (a).
SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU.
Section 116 of title 49, United States Code, is amended--
(1) in subsection (b) by striking paragraph (1) and
inserting the following:
``(1) to provide assistance and communicate best practices
and financing and funding opportunities to eligible entities
for the programs referred to in subsection (d)(1), including
by--
``(A) conducting proactive outreach to communities
located outside of metropolitan or micropolitan
statistical areas (as such areas are defined by the
Office of Management and Budget); and
``(B) coordinating with the Office of Rural
Development of the Department of Agriculture, the
Office of Community Revitalization of the Environmental
Protection Agency, and any other agencies that provide
technical assistance for rural communities, as
determined by the Executive Director;'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following:
``(j) Annual Progress Report.--Not later than 1 year after the date
of enactment of this subsection, and annually thereafter, the Executive
Director shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report detailing--
``(1) the use of funds authorized under section 605(f) of
title 23; and
``(2) the progress of the Bureau in carrying out the
purposes described in subsection (b).''.
SEC. 6008. LOCAL HIRE.
(a) Establishment.--The Secretary of Transportation shall
immediately reinstate the local labor hiring pilot program containing
the contracting initiative established by the Secretary and published
in the Federal Register on March 6, 2015 (80 Fed. Reg. 12257), under
the same terms, conditions, and requirements as so published.
(b) Duration.--The Secretary shall continue the local labor hiring
pilot program reinstated under this section through September 30, 2025.
TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT
SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT.
(a) Creditworthiness.--Section 602(a)(2) of title 23, United States
Code, is amended--
(1) in subparagraph (A)(iv)--
(A) by striking ``a rating'' and inserting ``an
investment grade rating''; and
(B) by striking ``$75,000,000'' and inserting
``$150,000,000''; and
(2) in subparagraph (B)--
(A) by striking ``the senior debt'' and inserting
``senior debt''; and
(B) by striking ``credit instrument is for an
amount less than $75,000,000'' and inserting ``total
amount of other senior debt and the Federal credit
instrument is less than $150,000,000''.
(b) Non-Federal Share.--Section 603(b) of title 23, United States
Code, is amended by striking paragraph (8) and inserting the following:
``(8) Non-federal share.--Notwithstanding paragraph (9) and
section 117(j)(2), the proceeds of a secured loan under the
TIFIA program shall be considered to be part of the non-Federal
share of project costs required under this title or chapter 53
of title 49, if the loan is repayable from non-Federal
funds.''.
(c) Exemption of Funds From TIFIA Federal Share Requirement.--
Section 603(b)(9) of title 23, United States Code, is amended by adding
at the end the following:
``(C) Territories.--Funds provided for a territory
under section 165(c) shall not be considered Federal
assistance for purposes of subparagraph (A).''.
(d) Streamlined Application Process.--Section 603(f) of title 23,
United States Code, is amended by adding at the end the following:
``(3) Additional terms for expedited decisions.--
``(A) In general.--Not later than 120 days after
the date of enactment of this paragraph, the Secretary
shall implement an expedited decision timeline for
public agency borrowers seeking secured loans that
meet--
``(i) the terms under paragraph (2); and
``(ii) the additional criteria described in
subparagraph (B).
``(B) Additional criteria.--The additional criteria
referred to in subparagraph (A)(ii) are the following:
``(i) The secured loan is made on terms and
conditions that substantially conform to the
conventional terms and conditions established
by the National Surface Transportation
Innovative Finance Bureau.
``(ii) The secured loan is rated in the A
category or higher.
``(iii) The TIFIA program share of eligible
project costs is 33 percent or less.
``(iv) The applicant demonstrates a
reasonable expectation that the contracting
process for the project can commence by not
later than 90 days after the date on which a
Federal credit instrument is obligated for the
project under the TIFIA program.
``(v) The project has received a
categorical exclusion, a finding of no
significant impact, or a record of decision
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(C) Written notice.--The Secretary shall provide
to an applicant seeking a secured loan under the
expedited decision process under this paragraph a
written notice informing the applicant whether the
Secretary has approved or disapproved the application
by not later than 180 days after the date on which the
Secretary submits to the applicant a letter indicating
that the National Surface Transportation Innovative
Finance Bureau has commenced the creditworthiness
review of the project.''.
(e) Assistance to Small Projects.--Section 605(f)(1) of title 23,
United States Code, is amended by striking ``$2,000,000'' and inserting
``$3,000,000''.
(f) Application Process Report.--Section 609(b)(2)(A) of title 23,
United States Code, is amended--
(1) in clause (iv) by striking ``and'';
(2) in clause (v) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vi) whether the project is located in a
metropolitan statistical area, micropolitan
statistical area, or neither (as such areas are
defined by the Office of Management and
Budget).''.
(g) Status Reports.--Section 609 of title 23, United States Code,
is amended by adding at the end the following:
``(c) Status Reports.--
``(1) In general.--The Secretary shall publish on the
website for the TIFIA program--
``(A) on a monthly basis, a current status report
on all submitted letters of interest and applications
received for assistance under the TIFIA program; and
``(B) on a quarterly basis, a current status report
on all approved applications for assistance under the
TIFIA program.
``(2) Inclusions.--Each monthly and quarterly status report
under paragraph (1) shall include, at a minimum, with respect
to each project included in the status report--
``(A) the name of the party submitting the letter
of interest or application;
``(B) the name of the project;
``(C) the date on which the letter of interest or
application was received;
``(D) the estimated project eligible costs;
``(E) the type of credit assistance sought; and
``(F) the anticipated fiscal year and quarter for
closing of the credit assistance.''.
DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION
SEC. 8001. SHORT TITLE.
This division may be cited as the ``Improving Hazardous Materials
Safety Act of 2020''.
TITLE I--AUTHORIZATIONS
SEC. 8101. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended--
(1) in subsection (a) by striking paragraphs (1) through
(5) and inserting the following:
``(1) $67,000,000 for fiscal year 2021;
``(2) $68,000,000 for fiscal year 2022;
``(3) $69,000,000 for fiscal year 2023;
``(4) $71,000,000 for fiscal year 2024; and
``(5) $72,000,000 for fiscal year 2025;'';
(2) in subsection (b)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2021 through 2025''; and
(B) by striking ``$21,988,000'' and inserting
``$24,025,000'';
(3) in subsection (c) by striking ``$4,000,000 for each of
fiscal years 2016 through 2020'' and inserting ``$5,000,000 for
each of fiscal years 2021 through 2025'';
(4) in subsection (d) by striking ``$1,000,000 for each of
fiscal years 2016 through 2020'' and inserting ``$4,000,000 for
each of fiscal years 2021 through 2025'';
(5) by redesignating subsection (e) as subsection (f); and
(6) by inserting after subsection (d) the following:
``(e) Assistance With Local Emergency Responder Training Grants.--
From the Hazardous Materials Emergency Preparedness Fund established
under section 5116(h), the Secretary may expend $1,800,000 for each of
fiscal years 2021 through 2025 to carry out the grant program under
section 5107(j).''.
TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED TO LITHIUM CELLS AND
BATTERIES.
(a) Repeal.--Section 828 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 44701 note), and the item relating to such section in
the table of contents in section 1(b) of such Act, are repealed.
(b) Conforming Amendments.--Section 333 of the FAA Reauthorization
Act of 2018 (49 U.S.C. 44701 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(A) In general.--'' and
all that follows through ``the Secretary'' and
inserting ``The Secretary''; and
(ii) by striking subparagraph (B); and
(B) in paragraph (2) by striking ``Pursuant to
section 828 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 44701 note), the Secretary'' and
inserting ``The Secretary'';
(2) by striking paragraph (4) of subsection (b); and
(3) by striking paragraph (1) of subsection (h) and
inserting the following:
``(1) ICAO technical instructions.--The term `ICAO
Technical Instructions' means the International Civil Aviation
Organization Technical Instructions for the Safe Transport of
Dangerous Goods by Air.''.
SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS BY RAIL TANK CAR.
(a) Evaluation.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Railroad Administration,
in coordination with the Administrator of the Pipeline and Hazardous
Materials Safety Administration, shall initiate an evaluation of the
safety, security, and environmental risks of transporting liquefied
natural gas by rail.
(b) Testing.--In conducting the evaluation under subsection (a),
the Administrator of the Federal Railroad Administration shall--
(1) perform physical testing of rail tank cars, including,
at a minimum, the DOT-113 specification, to evaluate the
performance of such rail tank cars in the event of an accident
or derailment, including evaluation of the extent to which
design and construction features such as steel thickness and
valve protections prevent or mitigate the release of liquefied
natural gas;
(2) analyze multiple release scenarios, including
derailments, front-end collisions, rear-end collisions, side-
impact collisions, grade-crossing collisions, punctures, and
impact of an incendiary device, at a minimum of 3 speeds of
travel with a sufficient range of speeds to evaluate the
safety, security, and environmental risks posed under real-
world operating conditions; and
(3) examine the effects of exposure to climate conditions
across rail networks, including temperature, humidity, and any
other factors that the Administrator of the Federal Railroad
Administration determines could influence performance of rail
tank cars and components of such rail tank cars.
(c) Other Factors To Consider.--In conducting the evaluation under
subsection (a), the Administrator of the Federal Railroad
Administration shall evaluate the impact of a discharge of liquefied
natural gas from a rail tank car on public safety and the environment,
and consider--
(1) the benefits of route restrictions, speed restrictions,
enhanced brake requirements, personnel requirements, rail tank
car technological requirements, and other operating controls;
(2) the advisability of consist restrictions, including
limitations on the arrangement and quantity of rail tank cars
carrying liquefied natural gas in any given consist;
(3) the identification of potential impact areas, and the
number of homes and structures potentially endangered by a
discharge in rural, suburban, and urban environments;
(4) the impact of discharge on the environment, including
air quality impacts;
(5) the benefits of advanced notification to the Department
of Transportation, State Emergency Response Commissions, and
Tribal Emergency Response Commissions of routes for moving
liquefied natural gas by rail tank car;
(6) how first responders respond to an incident, including
the extent to which specialized equipment or training would be
required and the cost to communities for acquiring any
necessary equipment or training;
(7) whether thermal radiation could occur from a discharge;
(8) an evaluation of the rail tank car authorized by the
Secretary of Transportation for liquefied natural gas or
similar cryogenic liquids, and a determination of whether
specific safety enhancements or new standards are necessary to
ensure the safety of rail transport of liquefied natural gas;
and
(9) the risks posed by the transportation of liquefied
natural gas by International Organization for Standardization
containers authorized by the Federal Railroad Administration.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate, and make available to the public--
(1) a report based on the evaluation and testing conducted
under subsections (a) and (b), which shall include the results
of the evaluation and testing and recommendations for
mitigating or eliminating the safety, security, environmental,
and other risks of an accident or incident involving the
transportation of liquefied natural gas by rail; and
(2) a complete list of all research related to the
transportation of liquefied natural gas by rail conducted by
the Federal Railroad Administration, the Pipeline and Hazardous
Materials Safety Administration, or any other entity of the
Federal Government since 2010 that includes, for each research
item--
(A) the title of any reports or studies produced
with respect to the research;
(B) the agency, entity, or organization performing
the research;
(C) the names of all authors and co-authors of any
report or study produced with respect to the research;
and
(D) the date any related report was published or is
expected to publish.
(e) Data Collection.--The Administrator of the Federal Railroad
Administration and the Administrator of the Pipeline and Hazardous
Materials Safety Administration shall collect any relevant data or
records necessary to complete the evaluation required by subsection
(a).
(f) GAO Report.--After the evaluation required by subsection (a)
has been completed, the Comptroller General of the United States shall
conduct an independent evaluation to verify that the Federal Railroad
Administration and the Pipeline and Hazardous Materials Safety
Administration complied with the requirements of this Act, and transmit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of such
independent evaluation.
(g) Congressional Review Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of
completion of the report under subsection (f); or
(B) the date that is 4 years after the date of
enactment of this Act.
(2) Congressional authority.--The Secretary of
Transportation--
(A) may not issue any regulation authorizing the
transportation of liquefied natural gas by rail tank
car or authorize such transportation through issuance
of a special permit or approval before the conclusion
of the review period; and
(B) shall rescind any special permit or approval
for the transportation of liquefied natural gas by rail
tank car issued before the date of enactment of this
Act.
SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIREMENTS AND GRANTS.
Section 5107 of title 49, United States Code, is amended by adding
at the end the following:
``(j) Assistance With Local Emergency Responder Training.--The
Secretary shall make grants to nonprofit organizations to develop
hazardous materials response training for emergency responders,
including response activities for the transportation of crude oil,
ethanol, and other flammable liquids by rail (consistent with National
Fire Protection Association standards), and to make such training
available electronically or in person.''.
SEC. 8204. STUDY ON HAZARDOUS MATERIALS TRANSPORTED BY COMMERCIAL MOTOR
VEHICLES ON HIGHWAY-RAIL GRADE CROSSINGS.
(a) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study to evaluate the overall safety of the
requirement that commercial motor vehicles come to a full stop
at highway-rail grade crossings described in section 392.10 of
title 49, Code of Federal Regulations.
(2) Contents.--The study required under paragraph (1)
shall--
(A) collect and analyze data on the frequency and
severity of rear-end collisions that occur when
commercial motor vehicles transporting hazardous
materials are stopped at grade crossings;
(B) assess the extent to which such requirement
reduces instances of truck-train collisions;
(C) evaluate the overall safety of such
requirement; and
(D) recommend whether to remove such requirement.
(b) 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 detailing
the findings of the study under subsection (a) and the Secretary's
planned course of action regarding the requirement described in section
392.10 of title 49, Code of Federal Regulations.
(c) Commercial Motor Vehicle Defined.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in section
13102 of title 49, United States Code.
DIVISION D--RAIL
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Transforming Rail by
Accelerating Investment Nationwide Act'' or the ``TRAIN Act''.
TITLE I--AUTHORIZATIONS
SEC. 9101. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Grants to Amtrak.--
(1) Northeast corridor.--There are authorized to be
appropriated to the Secretary for the use of Amtrak for
activities associated with the Northeast Corridor the following
amounts:
(A) For fiscal year 2021, $2,900,000,000.
(B) For fiscal year 2022, $2,700,000,000.
(C) For fiscal year 2023, $2,500,000,000.
(D) For fiscal year 2024, $2,500,000,000.
(E) For fiscal year 2025, $2,500,000,000.
(2) National network.--There are authorized to be
appropriated to the Secretary for the use of Amtrak for
activities associated with the National Network the following
amounts:
(A) For fiscal year 2021, $3,600,000,000.
(B) For fiscal year 2022, $3,400,000,000.
(C) For fiscal year 2023, $3,200,000,000.
(D) For fiscal year 2024, $3,000,000,000.
(E) For fiscal year 2025, $3,000,000,000.
(b) Project Management Oversight.--The Secretary may withhold up to
$15,000,000 from the amounts made available under subsection (a) for
the costs of management oversight of Amtrak.
(c) Amtrak Common Benefit Costs for State-supported Routes.--For
any fiscal year in which funds are made available under subsection
(a)(2) in excess of the amounts authorized for fiscal year 2020 under
section 11101(b) of the FAST Act (114-94), Amtrak shall use up to
$400,000,000 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) that is allocated to the
State-supported services.
(d) State-Supported Route Committee.--Of the funds made available
under subsection (a)(2), the Secretary may make available up to
$3,000,000 for each fiscal year for the State-Supported Route Committee
established under section 24712 of title 49, United States Code.
(e) Northeast Corridor Commission.--Of the funds made available
under subsection (a)(1), the Secretary may make available up to
$6,000,000 for each fiscal year for the Northeast Corridor Commission
established under section 24905 of title 49, United States Code.
(f) Authorization of Appropriations for Amtrak Office of Inspector
General.--There are authorized to be appropriated to the Office of
Inspector General of Amtrak the following amounts:
(1) For fiscal year 2021, $26,500,000.
(2) For fiscal year 2022, $27,000,000.
(3) For fiscal year 2023, $27,500,000.
(4) For fiscal year 2024, $28,000,000.
(5) For fiscal year 2025, $28,500,000.
(g) Passenger Rail Improvement, Modernization, and Enhancement
Grants.--There are authorized to be appropriated to the Secretary to
carry out section 22906 of title 49, United States Code, the following
amounts:
(1) For fiscal year 2021, $3,800,000,000.
(2) For fiscal year 2022, $3,800,000,000.
(3) For fiscal year 2023, $3,800,000,000.
(4) For fiscal year 2024, $3,800,000,000.
(5) For fiscal year 2025, $3,800,000,000.
(h) Consolidated Rail Infrastructure and Safety Improvements.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22907 of title 49, United
States Code, the following amounts:
(A) For fiscal year 2021, $1,400,000,000.
(B) For fiscal year 2022, $1,400,000,000.
(C) For fiscal year 2023, $1,400,000,000.
(D) For fiscal year 2024, $1,400,000,000.
(E) For fiscal year 2025, $1,400,000,000.
(2) Project management oversight.--The Secretary may
withhold up to 1 percent from the amount appropriated under
paragraph (1) for the costs of project management oversight of
grants carried out under section 22907 of title 49, United
States Code.
(i) Railroad Rehabilitation and Improvement Financing.--
(1) In general.--There are authorized to be appropriated to
the Secretary for payment of credit risk premiums in accordance
with section 9104 of this division and section 502 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822) $30,000,000 for each of fiscal years 2021 through
2025, to remain available until expended.
(2) Refund of premium.--There are authorized to be
appropriated to the Secretary $70,000,000 to repay the credit
risk premium under section 502 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822) in accordance
with section 9104.
(j) Restoration and Enhancement Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22908 of title 49, United
States Code, $20,000,000 for each of fiscal years 2021 through
2025.
(2) Project management oversight.--The Secretary may
withhold up to 1 percent from the amount appropriated under
paragraph (1) for the costs of project management oversight of
grants carried out under section 22908 of title 49, United
States Code.
(k) Grade Crossing Separation Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 20171 of title 49, United
States Code, (as added by section 9551 of this Act) the
following amounts:
(1) For fiscal year 2021, $450,000,000.
(2) For fiscal year 2022, $475,000,000.
(3) For fiscal year 2023, $500,000,000.
(4) For fiscal year 2024, $525,000,000.
(5) For fiscal year 2025, $550,000,000.
(2) Project management oversight.--The Secretary may
withhold up to 1 percent from the amount appropriated under
paragraph (1) for the costs of project management oversight of
grants carried out under section 20171 of title 49, United
States Code.
(l) Rail Safety Public Awareness Grants.--Of the amounts made
available under subsection (k), the Secretary shall make available
$5,000,000 for each of fiscal years 2021 through 2025 to carry out
section 20172 of title 49, United States Code, (as added by section
9552 of this Act).
(m) Authorization of Appropriations to the Federal Railroad
Administration.--Section 20117 of title 49, United States Code, is
amended to read as follows:
``Sec. 20117. Authorization of appropriations
``(a) Safety and Operations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Transportation for the operations of the
Federal Railroad Administration and to carry out railroad
safety activities authorized or delegated to the
Administrator--
``(A) $229,000,000 for fiscal year 2021.
``(B) $231,000,000 for fiscal year 2022;
``(C) $233,000,000 for fiscal year 2023;
``(D) $235,000,000 for fiscal year 2024; and
``(E) $237,000,000 for fiscal year 2025.
``(2) Automated track inspection program and data
analysis.--From the funds made available under paragraph (1)
for each of fiscal years 2021 through 2025, not more than
$17,000,000 may be expended for the Automated Track Inspection
Program and data analysis related to track inspection. Such
funds shall remain available until expended.
``(3) State participation grants.--Amounts made available
under paragraph (1) for grants under section 20105(e) shall
remain available until expended.
``(4) Short line safety.--From funds made available under
paragraph (1), the Secretary may expend not more than
$4,000,000--
``(A) for grants to improve safety practices and
training for Class II and Class III freight railroads;
and
``(B) to develop safety management systems for
Class II and Class III freight railroads through safety
culture assessments, training and education, outreach
activities, and technical assistance.
``(b) Railroad Research and Development.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation for necessary expenses for carrying out railroad
research and development activities the following amounts which
shall remain available until expended:
``(A) $42,000,000 for fiscal year 2021.
``(B) $44,000,000 for fiscal year 2022.
``(C) $46,000,000 for fiscal year 2023.
``(D) $48,000,000 for fiscal year 2024.
``(E) $50,000,000 for fiscal year 2025.
``(2) Study on lng by rail.--From the amounts made
available for fiscal years 2021 through 2025 under paragraph
(1), the Secretary shall expend not less than $6,000,000 and
not more than $8,000,000 to carry out the evaluation of
transporting liquefied natural gas by rail under section 10204.
``(3) Study on safety culture assessments.--From the
amounts made available for fiscal year 2021 under paragraph
(1), the Secretary shall expend such sums as are necessary to
carry out the study on safety culture assessments under section
9517 of the TRAIN Act.''.
(n) Fatigue Reduction Pilot Projects.--There are authorized to be
appropriated to the Secretary for costs associated with carrying out
section 21109(e) of title 49, United States Code, $200,000 to remain
available until expended.
SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND EXPANSION
GRANTS.
(a) In General.--Section 22906 of title 49, United States Code, is
amended to read as follows:
``Sec. 22906. Passenger rail improvement, modernization, and expansion
grants
``(a) Establishment.--The Secretary of Transportation shall
establish a program to make grants for capital projects that improve
the state of good repair, operational performance, or growth of
intercity rail passenger transportation.
``(b) Project Selection Criteria.--
``(1) In general.--Capital projects eligible for a grant
under this section include--
``(A) a project to replace, rehabilitate, or repair
a major infrastructure asset used for providing
passenger rail service to bring such infrastructure
asset into a state of good repair;
``(B) a project to improve passenger rail
performance, including congestion mitigation,
reliability improvements, achievement on-time
performance standards established under section 207 of
the Rail Safety Improvement Act of 2008 (49 U.S.C.
24101 note), reduced trip times, increased train
frequencies, higher operating speeds, electrification,
and other improvements, as determined by the Secretary;
and
``(C) a project to repair, rehabilitate, replace,
or build infrastructure to expand or establish
intercity rail passenger transportation and facilities,
including high-speed rail.
``(2) Requirements.--To be eligible for a grant under this
section, an applicant shall have, or provide documentation of a
credible plan to achieve--
``(A) the legal, financial, and technical capacity
to carry out the project;
``(B) satisfactory continuing control over the use
of the equipment or facilities that are the subject of
the project; and
``(C) an agreement in place for maintenance of such
equipment or facilities.
``(3) Priority.--In selecting an applicant for a grant
under this section, the Secretary shall give preference to
capital projects that--
``(A) are supported by multiple States or are
included in a regional planning process; and
``(B) achieve environmental benefits such as a
reduction in greenhouse gas emissions or an improvement
in local air quality.
``(4) Additional considerations.--In selecting an applicant
for a grant under this section, the Secretary shall consider--
``(A) the cost-benefit analysis of the proposed
project, including anticipated public benefits relative
to the costs of the proposed project, including--
``(i) effects on system and service
performance;
``(ii) effects on safety, competitiveness,
reliability, trip or transit time, and
resilience;
``(iii) impacts on the overall
transportation system, including efficiencies
from improved integration with other modes of
transportation or benefits associated with
achieving modal shifts; and
``(iv) the ability to meet existing or
anticipated passenger or service demand;
``(B) the applicant's past performance in
developing and delivering similar projects;
``(C) if applicable, the consistency of the project
with planning guidance and documents set forth by the
Secretary or required by law; and
``(D) if applicable, agreements between all
stakeholders necessary for the successful delivery of
the project.
``(c) Northeast Corridor Projects.--Of the funds made available to
carry out this section, not less than 40 percent shall be made
available for projects included in the Northeast Corridor investment
plan required under section 24904.
``(d) National Projects.--Of the funds made available to carry out
this section, not less than 40 percent shall be made available for--
``(1) projects on the National Network;
``(2) high-speed rail projects; and
``(3) the establishment of new passenger rail corridors not
located on the Northeast Corridor.
``(e) Federal Share of Total Project Costs.--
``(1) Total project cost estimate.--The Secretary shall
estimate the total cost of a project under this section based
on the best available information, including engineering
studies, studies of economic feasibility, environmental
analyses, and information on the expected use of equipment or
facilities.
``(2) Federal share.--The Federal share of total costs for
a project under this section shall not exceed 90 percent.
``(3) Treatment of revenue.--Applicants may use ticket and
other revenues generated from operations and other sources to
satisfy the non-Federal share requirements.
``(f) Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a recipient of
a grant under this section that--
``(A) announces an intention to obligate, for a
major capital project under this section, an amount
that is not more than the amount stipulated as the
financial participation of the Secretary in the
project; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal
Government; and
``(ii) is subject to the availability of
appropriations for grants under this section
and subject to Federal laws in force or enacted
after the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 3 days before
issuing a letter of intent under paragraph (1), the
Secretary shall submit written notification to--
``(i) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(ii) the Committee on Appropriations of
the House of Representatives;
``(iii) the Committee on Appropriations of
the Senate; and
``(iv) the Committee on Commerce, Science,
and Transportation of the Senate.
``(B) Contents.--The notification submitted under
subparagraph (A) shall include--
``(i) a copy of the letter of intent;
``(ii) the criteria used under subsection
(b) for selecting the project for a grant; and
``(iii) a description of how the project
meets such criteria.
``(g) Appropriations Required.--An obligation or administrative
commitment may be made under this section only when amounts are
appropriated for such purpose.
``(h) Grant Administration.--The Secretary may withhold up to 1
percent of the total amount made available to carry out this section
for program oversight and management, including providing technical
assistance and project planning guidance.
``(i) Regional Planning Guidance.--The Secretary may withhold up to
half a percent of the total amount made available to carry out this
section to facilitate and provide guidance for regional planning
processes.
``(j) Availability.--Amounts made available to carry out this
section shall remain available until expended.
``(k) Grant Conditions.--Except as specifically provided in this
section, the use of any amounts appropriated for grants under this
section shall be subject to the grant conditions under section 22905,
except that the domestic buying preferences of section 24305(f) shall
apply to grants provided to Amtrak in lieu of the requirements of
section 22905(a).
``(l) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means--
``(A) a State;
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered
authority established by 1 or more States;
``(E) a political subdivision of a State; or
``(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States.
``(2) Capital project.--The term `capital project' means--
``(A) acquisition, construction, replacement,
rehabilitation, or repair of major infrastructure
assets or equipment that benefit intercity rail
passenger transportation, including tunnels, bridges,
stations, track, electrification, grade crossings,
passenger rolling stock, and other assets, as
determined by the Secretary;
``(B) projects that ensure service can be
maintained while existing assets are rehabilitated or
replaced; and
``(C) project planning, development, design, and
environmental analysis related to projects under
subsections (A) and (B).
``(3) Intercity rail passenger transportation.--The term
`intercity rail passenger transportation' has the meaning given
such term in section 24102.
``(4) High-speed rail.--The term `high-speed rail' has the
meaning given such term in section 26106(b).
``(5) Northeast corridor.--The term `Northeast Corridor'
has the meaning given such term in section 24102.
``(6) National network.--The term `National Network' has
the meaning given such term in section 24102.
``(7) State.--The term `State' means each of the 50 States
and the District of Columbia.''.
(b) Clerical Amendment.--The item related to section 22906 in the
analysis for chapter 229 of title 49, United States Code, is amended to
read as follows:
``22906. Passenger rail improvement, modernization, and expansion
grants.''.
SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENT
GRANTS.
Section 22907 of title 49, United States Code, is amended--
(1) in subsection (b) by adding at the end the following:
``(12) A commuter authority (as such term is defined in
section 24102).'';
(2) in subsection (c)--
(A) in paragraph (1) by inserting ``, maintenance,
and upgrades'' after ``Deployment'';
(B) in paragraph (3) by inserting ``or safety''
after ``address congestion'';
(C) in paragraph (4) by striking ``identified by
the Secretary'' and all that follows through ``rail
transportation'' and inserting ``to reduce congestion,
improve service, or facilitate ridership growth in
intercity rail passenger transportation and commuter
rail passenger transportation (as such term is defined
in section 24102)'';
(D) in paragraph (5) by inserting ``or to establish
new quiet zones'' before the period at the end; and
(E) in paragraph (9) by inserting ``or commuter
rail passenger transportation (as such term is defined
in section 24102)'' after ``between intercity rail
passenger transportation'';
(3) in subsection (e) by striking paragraph (1) and
inserting the following:
``(1) In general.--In selecting a recipient of a grant for
an eligible project, the Secretary shall give preference to--
``(A) projects that will maximize the net benefits
of the funds made available for use under this section,
considering the cost-benefit analysis of the proposed
project, including anticipated public benefits relative
to the costs of the proposed project and factoring in
the other considerations described in paragraph (2);
and
``(B) projects that benefit a station that--
``(i) serves Amtrak and commuter rail;
``(ii) is listed amongst the 25 stations
with highest ridership in the most recent
Amtrak Company Profile; and
``(iii) has support from both Amtrak and
the provider of commuter rail passenger
transportation servicing the station.'';
(4) in subsection (g)(1) by striking ``25 percent'' and
inserting ``15 percent'';
(5) in subsection (l) by striking ``Secretary shall'' and
inserting ``Secretary may'';
(6) by redesignating subsections (i), (j), (k), and (l) as
subsections (k), (l), (m), and (n), respectively; and
(7) by inserting after subsection (h) the following:
``(i) Large Projects.--Of the amounts made available under this
section, at least 50 percent shall be for projects that have total
project costs of greater than $100,000,000.
``(j) Commuter Rail.--
``(1) Administration of funds.--The amounts awarded under
this section for commuter rail passenger transportation
projects shall be transferred by the Secretary, after
selection, to the Federal Transit Administration for
administration of funds in accordance with chapter 53.
``(2) Grant condition.--
``(A) In general.--As a condition of receiving a
grant under this section that is used to acquire,
construct, or improve railroad right-of-way or
facilities, any employee covered by the Railway Labor
Act (45 U.S.C. 151 et seq.) and the Railroad Retirement
Act of 1974 (45 U.S.C. 231 et seq.) who is adversely
affected by actions taken in connection with the
project financed in whole or in part by such grant
shall be covered by employee protective arrangements
established under section 22905(e).
``(B) Application of protective arrangement.--The
grant recipient and the successors, assigns, and
contractors of such recipient shall be bound by the
protective arrangements required under subparagraph
(A). Such recipient shall be responsible for the
implementation of such arrangement and for the
obligations under such arrangement, but may arrange for
another entity to take initial responsibility for
compliance with the conditions of such arrangement.
``(3) Application of law.--Subsections (g) and (f)(1) of
section 22905 shall not apply to grants awarded under this
section for commuter rail passenger transportation projects.''.
SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
Section 502 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 822) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting
``civil works such as cuts and fills, stations,
tunnels,'' after ``components of track,''; and
(ii) in subparagraph (D) by inserting ``,
permitting,'' after ``reimburse planning''; and
(B) by striking paragraph (3);
(2) in subsection (f)--
(A) in paragraph (3) by adding at the end the
following:
``(D) A projection of freight or passenger demand
for the project based on regionally developed economic
forecasts, including projections of any modal diversion
resulting from the project.''; and
(B) in paragraph (4)--
(i) by striking ``Credit risk premiums''
and inserting ``(A) Timing of payment.--Credit
risk premiums''; and
(ii) by adding at the end the following:
``(B) Payment of credit risk premiums.--
``(i) In general.--In granting assistance
under this section, the Secretary may pay
credit risk premiums required under paragraph
(3) for entities described in paragraphs (1)
through (3) of subsection (a), in whole or in
part, with respect to a loan or loan guarantee.
``(ii) Set-aside.--Of the amounts made
available for payments for a fiscal year under
clause (i), the Secretary shall reserve
$25,000,000 for payments for passenger rail
projects, to remain available until expended.
``(C) Refund of premium.--The Secretary shall repay
the credit risk premium of each loan in cohort 3, as
defined by the memorandum to the Office of Management
and Budget of the Department of Transportation dated
November 5, 2018, with interest accrued thereon, not
later than 60 days after the date on which all
obligations attached to each such loan have been
satisfied. For each such loan for which obligations
have been satisfied as of the date of enactment of the
TRAIN Act, the Secretary shall repay the credit risk
premium of each such loan, with interest accrued
thereon, not later than 60 days after the date of the
enactment of such Act.''; and
(3) by adding at the end the following:
``(n) Non-Federal Share.--The proceeds of a loan provided under
this section may be used as the non-Federal share of project costs
under this title or chapter 53 of title 49 if such loan is repayable
from non-Federal funds.''.
SEC. 9105. BUY AMERICA.
Section 22905(a) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (B) by adding ``or'' at the
end;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as
subparagraph (C);
(2) by striking paragraph (4) and inserting the following:
``(4)(A) If the Secretary receives a request for a waiver
under paragraph (2), the Secretary shall provide notice of and
an opportunity for public comment on the request at least 30
days before making a finding based on the request.
``(B) A notice provided under subparagraph (A) shall--
``(i) include the information available to the
Secretary concerning the request, including whether the
request is being made under subparagraph (A), (B), or
(C) of paragraph (2); and
``(ii) be provided by electronic means, including
on the official public website of the Department of
Transportation.'';
(3) in paragraph (5)--
(A) by striking ``2012'' and inserting ``2020, and
each year thereafter''; and
(B) by inserting ``during the preceding fiscal
year'' before the period; and
(4) by adding at the end the following:
``(12) The requirements of this subsection apply to all
contracts for a project carried out within the scope of the
applicable finding, determination, or decisions under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), regardless of the funding source for activities carried
out pursuant to such contracts, if at least 1 contract for the
project is funded with amounts made available to carry out a
provision specified in paragraph (1).''.
SEC. 9106. RAIL NETWORK CLIMATE CHANGE VULNERABILITY ASSESSMENT.
(a) In General.--The Secretary of Transportation shall sponsor a
study by the National Academies to conduct an assessment of the
potential impacts of climate change on the national rail network.
(b) Assessment.--At a minimum, the assessment conducted pursuant to
subsection (a) shall--
(1) cover the entire freight and intercity passenger rail
network of the United States;
(2) evaluate risk to the network over 5-, 30-, and 50-year
outlooks;
(3) examine and describe potential effects of climate
change and extreme weather events on passenger and freight rail
infrastructure, trackage, and facilities, including facilities
owned by rail shippers;
(4) identify and categorize the assets described in
paragraph (3) by vulnerability level and geographic area; and
(5) recommend strategies or measures to mitigate any
adverse impacts of climate change, including emergency
preparedness measures and resiliency best practices for
infrastructure planning.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the findings of the assessment conducted pursuant to
subsection (a).
(d) Further Coordination.--The Secretary shall make the report
publicly available on the website of the Department of Transportation
and communicate the results of the assessment with stakeholders.
(e) Regulatory Authority.--If the Secretary finds in the report
required under subsection (c) that regulatory measures are warranted
and such measures are otherwise under the existing authority of the
Secretary, the Secretary may issue such regulations as are necessary to
implement such measures.
(f) Funding.--From the amounts made available for fiscal year 2021
under section 20117(a) of title 49, United States Code, the Secretary
shall expend not less than $1,000,000 to carry out the study required
under subparagraph (a).
TITLE II--AMTRAK REFORMS
SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS.
Section 24101 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``, to the extent its
budget allows,''; and
(ii) by striking ``between crowded urban
areas and in other areas of'' and inserting
``throughout'';
(B) in paragraph (2) by striking the period and
inserting ``, thereby providing additional capacity for
the traveling public and widespread air quality
benefits.'';
(C) in paragraph (4)--
(i) by striking ``greater'' and inserting
``high''; and
(ii) by striking ``to Amtrak to achieve a
performance level sufficient to justify
expending public money'' and inserting ``in
order to meet the 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''; and
(E) by adding at the end the following:
``(9) Long-distance passenger rail is an important part of
the national transportation system.
``(10) Investments in intercity and commuter rail passenger
transportation support jobs that provide a pathway to the
middle class.'';
(2) in subsection (b) by striking ``The'' and all that
follows through ``consistent'' and inserting ``The mission of
Amtrak is to provide a safe, efficient, and high-quality
national passenger rail system, consistent'';
(3) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) use its best business judgment in acting to maximize
the benefits of public funding;'';
(B) in paragraph (2)--
(i) by striking ``minimize Government
subsidies by encouraging'' and inserting ``work
with''; and
(ii) by striking the semicolon and
inserting ``and improvements to service;'';
(C) by striking paragraph (3) and inserting the
following:
``(3) manage the passenger rail network in the interest of
public transportation needs, including current and future
Amtrak passengers;'';
(D) in paragraph (7) by striking ``encourage'' and
inserting ``work with'';
(E) in paragraph (11) by striking ``and'' the last
place it appears; and
(F) by striking paragraph (12) and inserting the
following:
``(12) utilize and manage resources with a long-term
perspective, including sound investments that take into account
the overall lifecycle costs of an asset;
``(13) ensure that service is accessible and accommodating
to passengers with disabilities; and
``(14) maximize the benefits Amtrak generates for the
United States by creating quality jobs and supporting the
domestic workforce.''; and
(4) by striking subsection (d).
SEC. 9202. AMTRAK STATUS.
Section 24301(a) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``20102(2)'' and inserting
``20102''; and
(2) in paragraph (2) by inserting ``serving the public
interest in reliable passenger rail service'' after ``for-
profit corporation''.
SEC. 9203. BOARD OF DIRECTORS.
Section 24302 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking subparagraph (C) and
inserting the following:
``(C) 8 individuals appointed by the President of
the United States, by and with the advice and consent
of the Senate, with a record of support for national
passenger rail service, general business and financial
experience, and transportation qualifications or
expertise. Of the individuals appointed--
``(i) 1 shall be a Mayor or Governor of a
location served by a regularly scheduled Amtrak
service on the Northeast Corridor;
``(ii) 1 shall be a Mayor or Governor of a
location served by a regularly scheduled Amtrak
service that is not on the Northeast Corridor;
``(iii) 1 shall be a labor representative
of Amtrak employees; and
``(iv) 2 shall be individuals with a
history of regular Amtrak ridership and an
understanding of the concerns of rail
passengers.'';
(B) in paragraph (2) by inserting ``users of
Amtrak, including the elderly and individuals with
disabilities, and'' after ``and balanced representation
of'';
(C) in paragraph (3) by adding at the end the
following: ``A member of the Board appointed under
clause (i) or (ii) of paragraph (1)(C) shall serve for
a term of 5 years or until such member leaves the
elected office such member occupied at the time such
member was appointed, whichever is first.''; and
(D) by striking paragraph (5) and inserting the
following:
``(5) The Secretary and any Governor of a State may be
represented at a Board meeting by a designee.'';
(2) in subsection (b)--
(A) by striking ``Pay and Expenses'' and inserting
``Duties, Pay, and Expenses''; and
(B) by inserting ``Each director must consider the
well-being of current and future Amtrak passengers, and
the public interest in sustainable national passenger
rail service.'' before ``Each director not employed by
the United States Government or Amtrak''; and
(3) by adding at the end the following:
``(g) Governor Defined.--In this section, the term `Governor' means
the Governor of a State or the Mayor of the District of Columbia and
includes the designee of the Governor.''.
SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT.
(a) In General.--Section 24308(c) of title 49, United States Code,
is amended by adding at the end the following: ``Notwithstanding
section 24103(a) and section 24308(f), Amtrak shall have the right to
bring an action for equitable or other relief in the United States
District Court for the District of Columbia to enforce the preference
rights granted under this subsection.''.
(b) Conforming Amendment.--Section 24103 of title 49, United States
Code, is amended by inserting ``and section 24308(c)'' before ``, only
the Attorney General''.
SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES TO AMTRAK.
Section 24308(e) of title 49, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1)(A) When a rail carrier does not agree to allow Amtrak
to operate additional trains over any rail line of the carrier
on which Amtrak is operating or seeks to operate, Amtrak may
submit an application to the Board for an order requiring the
carrier to allow for the operation of the requested trains.
Within 90 days of receipt of such application, the Board shall
determine whether the additional trains would unreasonably
impair freight transportation and--
``(i) for a determination that such trains do not
unreasonably impair freight transportation, order the
rail carrier to allow for the operation of such trains
on a schedule established by the Board; or
``(ii) for a determination that such trains do
unreasonably impair freight transportation, initiate a
proceeding to determine any additional infrastructure
investments required by, or on behalf of, Amtrak.
``(B) If Amtrak seeks to resume operation of a train that
Amtrak operated during the 5-year period preceding an
application described in subparagraph (A), the Board shall
apply a presumption that the resumed operation of such train
will not unreasonably impair freight transportation unless the
Board finds that there are substantially changed
circumstances.'';
(2) in paragraph (2)--
(A) by striking ``The Board shall consider'' and
inserting ``The Board shall'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) in making the determination under paragraph (1), take
into account any infrastructure investments proposed in
Amtrak's application, with the rail carrier having the burden
of demonstrating that the additional trains will unreasonably
impair the freight transportation; and''; and
(C) in subparagraph (B) by inserting ``consider
investments described in subparagraph (A) and'' after
``times,''; and
(3) by adding at the end the following:
``(4) In a proceeding initiated by the Board under
paragraph (1)(B), the Board shall solicit the views of the
parties and require the parties to provide any necessary data
or information. Not later than 180 days after the date on which
the Board makes a determination under paragraph (1)(B), the
Board shall issue an order requiring the rail carrier to allow
for the operation of the requested trains conditioned upon
additional infrastructure or other investments needed to
mitigate the unreasonable interference. In determining the
necessary level of additional infrastructure or other
investments, the Board shall use any criteria, assumptions, and
processes it considers appropriate.
``(5) The provisions of this subsection shall be in
addition to any other statutory or contractual remedies Amtrak
may have to obtain the right to operate the additional
trains.''.
SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION.
(a) In General.--Section 28103 of title 49, United States Code, is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Prohibition on Choice-of-forum Clause.--
``(1) In general.--Amtrak may not impose a choice-of-forum
clause that attempts to preclude a passenger, or a person who
purchases a ticket for rail transportation on behalf of a
passenger, from bringing a claim against Amtrak in any court of
competent jurisdiction, including a court within the
jurisdiction of the residence of such passenger in the United
States (provided that Amtrak does business within that
jurisdiction).
``(2) Court of competent jurisdiction.--Under this
subsection, a court of competent jurisdiction may not include
an arbitration forum.''.
(b) Effective Date.--This section, and the amendments made by this
section, shall apply to any claim that arises on or after the date of
enactment of this Act.
SEC. 9207. AMTRAK ADA ASSESSMENT.
(a) Assessment.--Amtrak shall conduct an assessment and review of
all Amtrak policies, procedures, protocols, and guidelines for
compliance with the requirements of the Americans With Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(b) Report.--Not later than 180 days after the date of enactment of
this Act, Amtrak shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
results of the assessment conducted under subsection (a).
(c) Contents.--The report required under subsection (b) shall
include--
(1) a summary of the policies, procedures, protocols, and
guidelines reviewed;
(2) any necessary changes to such policies, procedures,
protocols, and guidelines to ensure compliance with the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), including full compliance under such Act for Amtrak
stations and facilities and consideration of the needs of
individuals with disabilities when procuring rolling stock; and
(3) an implementation plan and timeline for making any such
necessary changes.
(d) Engagement.--Amtrak is encouraged to engage with a range of
advocates for individuals with disabilities during the assessment
conducted under subsection (a), and develop an ongoing and standardized
process for engagement with advocates for individuals with
disabilities.
(e) Periodic Evaluation.--At least once every 2 years, Amtrak shall
review and update, as necessary, Amtrak policies, procedures,
protocols, and guidelines to ensure compliance with the Americans With
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24323. Prohibition on smoking on Amtrak trains
``(a) Prohibition.--Beginning on the date of enactment of the TRAIN
Act, Amtrak shall prohibit smoking on board Amtrak trains.
``(b) Electronic Cigarettes.--
``(1) Inclusion.--The use of an electronic cigarette shall
be treated as smoking for purposes of this section.
``(2) Electronic cigarette defined.--In this section, the
term `electronic cigarette' means a device that delivers
nicotine or other substances to a user of the device in the
form of a vapor that is inhaled to simulate the experience of
smoking.''.
(b) Conforming Amendment.--The analysis for chapter 243 of title
49, United States Code, is amended by adding at the end the following:
``24323. Prohibition on smoking on Amtrak trains.''.
SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AMTRAK.
Section 24712 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3)(C) by striking ``the vote''
and inserting ``the votes'';
(B) in paragraph (4) by striking the first sentence
and inserting ``The Committee shall define and
periodically update the rules and procedures governing
the Committee's proceedings.''; and
(C) in paragraph (6)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) Procedures.--The rules and procedures
implemented under paragraph (4) shall include--
``(i) procedures for changing the cost
allocation methodology, notwithstanding section
209(b) of the Passenger Rail Investment and
Improvement Act (49 U.S.C. 24101 note); and
``(ii) procedures or broad guidelines for
conducting financial planning, including
operating and capital forecasting, reporting,
and data sharing and governance.'';
(ii) in subparagraph (C)--
(I) in clause (i) by striking
``and'' at the end;
(II) in clause (ii) by striking the
period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(iii) promote increased efficiency in
Amtrak's operating and capital activities.'';
and
(iii) by adding at the end the following:
``(D) Annual review.--Not later than June 30 of
each year, the Committee shall prepare an evaluation of
the cost allocation methodology and procedures under
subparagraph (B) and transmit such evaluation to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.'';
(2) in subsection (b)--
(A) by inserting ``and to the Committee'' before
``, as well as the planning''; and
(B) by inserting before the period at the end the
following: ``and the Committee. Not later than 180 days
after the date of enactment of the TRAIN Act, the
Committee shall develop a report that contains the
general ledger data and operating statistics from
Amtrak's accounting systems used to calculate payments
to States. Amtrak shall provide to the States and the
Committee the report for the prior month not later than
30 days after the last day of each month'';
(3) in subsection (e) by inserting ``, including incentives
to increase revenue, reduce costs, finalize contracts by the
beginning of the fiscal year, and require States to promptly
make payments for services delivered'' before the period;
(4) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ``and annually review and
update, as necessary,'' after ``shall
develop''; and
(ii) by inserting before ``The Committee
may consult'' the following: ``The statement
shall include a list of capital projects,
including infrastructure, fleet, station, and
facility initiatives, needed to support the
growth of State-supported routes.'';
(B) in paragraph (2) by striking ``Not later than 2
years'' and all that follows through ``transmit the
statement'' and inserting ``The Committee shall
transmit, not later than March 31 of each year, the
most recent annual update to the statement''; and
(C) by adding at the end the following:
``(3) Sense of congress.--It is the sense of Congress that
the Committee shall be the forum where Amtrak and States
collaborate on the planning, improvement, and development of
corridor routes across the National Network. The Committee
shall identify obstacles to passenger rail growth and identify
solutions to overcome such obstacles.'';
(5) by redesignating subsections (g) and (h) as subsections
(j) and (k), respectively; and
(6) by inserting after subsection (f) the following:
``(g) New State-supported Routes.--
``(1) Consultation.--In developing a new State-supported
route, Amtrak shall consult with the following:
``(A) The State or States and local municipalities
where such new service would operate.
``(B) Commuter authorities and regional
transportation authorities (as such terms are defined
in section 24102) in the areas that would be served by
the planned route.
``(C) Host railroads.
``(D) Administrator of the Federal Railroad
Administration.
``(E) Other stakeholders, as appropriate.
``(2) State commitments.--Notwithstanding any other
provision of law, before beginning construction necessary for,
or beginning operation of, a State-supported route that is
initiated on or after the date of enactment of the TRAIN Act,
Amtrak shall enter into a memorandum of understanding, or
otherwise secure an agreement, with the State in which such
route will operate for sharing ongoing fully allocated
operating costs and capital costs in accordance with--
``(A) the cost allocation methodology described
under subsection (a); or
``(B) the alternative cost allocation schedule
described in paragraph (3).
``(3) Alternative cost allocation.--Under the alternative
cost allocation schedule described in this paragraph, with
respect to costs not covered by revenues for the operation of
the new State-supported route, Amtrak shall pay--
``(A) the share Amtrak otherwise would have paid
under the cost allocation methodology under subsection
(a); and
``(B) a percentage of the share that the State
otherwise would have paid under the cost allocation
methodology under subsection (a) according to the
following:
``(i) Amtrak shall pay up to 100 percent of
the capital costs necessary to initiate a new
State-supported route, including planning and
development, design, and environmental
analysis, prior to beginning operations on the
new route.
``(ii) For the first 2 years of operation,
Amtrak shall pay for 100 percent of operating
costs and capital costs.
``(iii) For the third year of operation,
Amtrak shall pay 90 percent of operating costs
and capital costs and the State shall pay the
remainder.
``(iv) For the fourth year of operation,
Amtrak shall pay 80 percent of operating costs
and capital costs and the State shall pay the
remainder
``(v) For the fifth year of operation,
Amtrak shall pay 50 percent of operating costs
and capital costs and the State shall pay the
remainder.
``(vi) For the sixth year of operation and
thereafter, operating costs and capital costs
shall be allocated in accordance with the cost
allocation methodology described under
subsection (a), as applicable.
``(4) Application of terms.--In this subsection, the terms
`capital cost' and `operating cost' shall apply in the same
manner as such terms apply under the cost allocation
methodology developed under subsection (a).
``(h) Cost Allocation Methodology and Implementation Report.--
``(1) In general.--Not later than 18 months after the date
of enactment of the TRAIN Act, the Committee shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report assessing potential
improvements to the cost allocation methodology required and
approved under section 209 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note).
``(2) Report contents.--The report required under paragraph
(1) shall--
``(A) identify improvements to the cost allocation
methodology that would promote--
``(i) transparency of route and train costs
and revenues;
``(ii) facilitation of service and network
growth;
``(iii) improved services for the traveling
public;
``(iv) maintenance or achievement of labor
collective bargaining agreements;
``(v) increased revenues; and
``(vi) reduced costs;
``(B) describe the various contracting approaches
used in State-supported services between States and
Amtrak, including the method, amount, and timeliness of
payments for each State-supported service;
``(C) evaluate the potential benefits and
feasibility, including identifying any necessary
statutory changes, of implementing a service pricing
model for State-supported routes in lieu of a cost
allocation methodology and how such a service pricing
model would advance the priorities described in
subparagraph (A); and
``(D) summarize share of costs from the cost
allocation methodology that are--
``(i) assigned;
``(ii) allocated regionally or locally; and
``(iii) allocated nationally.
``(3) Update to the methodology.--Not later than 2 years
after the implementation of the TRAIN Act, the Committee shall
update the methodology, if necessary, based on the findings of
the report required under paragraph (1).
``(i) Identification of State-Supported Route Changes.--Amtrak
shall provide an update in the annual grant request under section 24319
of planned or proposed changes to State-supported routes, including the
introduction of new State-supported routes. In identifying routes to be
included in such request, Amtrak shall--
``(1) identify the timeframe in which such changes could
take effect and whether Amtrak has entered into a commitment
with a State under subsection (g)(2); and
``(2) consult with the Committee and any additional States
in which proposed routes may operate, not less than 120 days
before the annual grant request is transmitted to the
Secretary.''.
SEC. 9210. AMTRAK POLICE DEPARTMENT.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Comptroller General of the United States shall
initiate a study of the workforce planning process of the Amtrak Police
Department and the deployment of personnel and resources of the
Department.
(b) Consultation.--In carrying out the study under this section,
the Comptroller General shall consult with the Amtrak Police Department
Labor Committee, law enforcement and public safety experts, and
entities providing passenger rail service comparable to Amtrak, and any
other relevant entities, as determined by the Comptroller General.
(c) Contents of Study.--The study under this section shall--
(1) review and determine whether the workforce planning
process used to allocate Amtrak Police Department personnel,
including contractors, adequately meets the safety and security
needs of the Amtrak network, including considering whether the
planning process--
(A) identifies critical positions, skills, and
competencies necessary for ensuring the safety and
security of the Amtrak network;
(B) analyzes employment levels of sworn and
civilian personnel, including patrol officers,
necessary for ensuring the safety and security of the
Amtrak network;
(C) analyzes workforce gaps and develops strategies
to address any such gaps;
(D) considers the risks identified by Amtrak's
triannual risk assessments;
(E) considers variables, including ridership
levels, miles of right-of-way, crime data, and
workload, that comparable passenger rail systems
consider in the development of the workforce plans of
such systems;
(F) includes collaboration or coordination with
local, State, tribal, and Federal agencies, and public
transportation agencies to support the safety and
security of the Amtrak network; and
(G) sets goals and performance metrics for the
Department and monitors and evaluates the Department's
progress toward such goals and metrics; and
(2) assess and evaluate whether the deployment of Amtrak
Police Department personnel and contractors as of March 1,
2020, adequately mitigates risks and ensures the safety and
security of Amtrak passengers, employees, trains, stations,
facilities, and other infrastructure, including--
(A) whether there is an adequate number of civilian
and sworn personnel deployed across the Department's 6
geographic divisions, including patrol officers,
detectives, canine units, special operations unit,
strategic operations, intelligence, corporate security,
Office of Professional Responsibilities, and Office of
Chief of Police;
(B) whether patrol officers have an adequate
presence on trains and route segments, and in stations,
facilities, and other infrastructure;
(C) whether Amtrak Police Department personnel have
the tools and resources, including vehicles,
communication devices, and weapons, necessary for
performing their responsibilities; and
(D) the locations and positions occupied by Amtrak
Police Department contractors and the adequacy of their
training.
(d) Report.--Not later than 18 months 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 on the results of study. Such report shall include
recommendations for improving the workforce planning process and the
deployment of Amtrak Police Department personnel and resources.
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.--
``(1) Access to services.--On all long-distance routes,
Amtrak shall ensure that all passengers who travel overnight on
such route shall have access to the food and beverage service
that is provided to sleeping car passengers on such route.
``(2) Statutory construction.--Nothing in this subsection
shall be construed to limit the authority of Amtrak to charge
passengers for any food and beverage services.
``(b) Food and Beverage Workforce.--
``(1) Workforce requirement.--Amtrak shall ensure that any
individual onboard a train who prepares food and beverages is
an Amtrak employee.
``(2) Savings clause.--No Amtrak employee holding a
position as of the date of enactment of the TRAIN Act may be
involuntarily separated because of any action taken by Amtrak
to implement this section, including any employees who are
furloughed as a result of the COVID-19 pandemic.
``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee
holding a position as of the date of enactment of the Passenger Rail
Reform and Investment Act of 2015 is involuntarily separated because of
the development and implementation of the plan required by the
amendments made by section 11207 of such Act.''.
(b) Technical and Conforming Amendments.--
(1) Analysis.--The item related to section 24321 in the
analysis for chapter 243 of title 49, United States Code, is
amended to read as follows:
``24321. Amtrak food and beverage.''.
(2) Amtrak authority.--Section 24305(c)(4) of title 49,
United States Code, is amended by striking ``only if revenues
from the services each year at least equal the cost of
providing the services''.
(3) Contracting out.--Section 121(c) of the Amtrak Reform
and Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat.
2574) is amended by striking ``, other than work related to
food and beverage service,''.
(c) Amtrak Food and Beverage Working Group.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, Amtrak shall establish a working
group (in this subsection referred to as the ``Working Group'')
to provide recommendations on Amtrak onboard food and beverage
services.
(2) Membership.--The Working Group shall consist of
individuals representing--
(A) Amtrak;
(B) the labor organizations representing Amtrak
employees who prepare or provide onboard food and
beverage services; and
(C) nonprofit organizations representing Amtrak
passengers.
(3) Recommendations.--
(A) In general.--The Working Group shall develop
recommendations to increase ridership and improve
customer satisfaction by--
(i) promoting collaboration and engagement
between Amtrak, Amtrak passengers, and Amtrak
employees preparing or providing onboard food
and beverage services, prior to Amtrak
implementing changes to onboard food and
beverage services;
(ii) improving onboard food and beverage
services; and
(iii) improving solicitation, reception,
and consideration of passenger feedback
regarding onboard food and beverage services.
(B) Considerations.--In developing the
recommendations under subparagraph (A), the Working
Group shall consider--
(i) the healthfulness of onboard food and
beverages offered, including the ability of
passengers to address dietary restrictions;
(ii) the preparation and delivery of
onboard food and beverages;
(iii) the differing needs of passengers
traveling on long-distance routes, State-
supported routes, and the Northeast Corridor;
(iv) Amtrak passenger survey data about the
food and beverages offered on Amtrak trains;
and
(v) 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
changes to onboard food and beverage services, except that
Amtrak shall reverse any changes to onboard food and beverage
service made in response to the COVID-19 pandemic as Amtrak
service is restored.
(6) Termination.--The Working Group shall terminate on the
date on which Amtrak submits the report required under
paragraph (4)(B), except that Amtrak may extend such date by up
to 1 year if Amtrak determines that the Working Group is
beneficial to Amtrak in making decisions related to onboard
food and beverage services. If Amtrak extends such date, Amtrak
shall include notification of the extension in the report
required under paragraph (4)(B).
(7) Nonapplicability of federal advisory committee act.--
The Federal Advisory Committee Act (5 U.S.C. App) does not
apply to the Working Group established under this section.
(8) Long-distance route; northeast corridor; and state-
supported route defined.--In this subsection, the terms ``long-
distance route'', ``Northeast Corridor'', and ``State-supported
route'' have the meaning given those terms in section 24102 of
title 49, United States Code.
SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING OUT.
Section 121 of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24312 note; 111 Stat. 2574) is amended by striking subsection
(d) and inserting the following:
``(d) Furloughed Work.--Amtrak may not contract out work within the
scope of work performed by an employee in a bargaining unit covered by
a collective bargaining agreement entered into between Amtrak and an
organization representing Amtrak employees during the period of time
such employee has been laid off and has not been recalled to perform
such work.
``(e) Agreement Prohibitions on Contracting Out.--This section does
not authorize Amtrak to contract out work if the contracting out is
prohibited by a collective bargaining agreement entered into between
Amtrak and an organization representing Amtrak employees.''.
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 training
programs to any Amtrak call center employee carrying out
customer service activities using telephone or internet
platforms.
``(d) Station Agent Staffing.--
``(1) In general.--Beginning on the date that is 1 year
after the date of enactment of the TRAIN Act, Amtrak shall
ensure that at least 1 Amtrak ticket agent is employed at each
station building--
``(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 vehicle in fiscal year 2019 was
an 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.
``(2) Exception.--This subsection does not apply to any
station building in which a commuter rail ticket agent has the
authority to sell Amtrak tickets.''.
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 20 percent
discount on full-price 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
amended by adding at the end the following:
``Sec. 24323. 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 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 amended by adding at the end the following:
``24323. Disaster and emergency relief program.''.
SEC. 9216. RECREATIONAL TRAIL ACCESS.
Section 24315 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Recreational Trail Access.--At least 30 days before
implementing a new policy, structure, or operation that affects
recreational trail access, 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
such policy, structure, or operation and recreational trail access
affected. Such report shall include Amtrak's plans to mitigate the
impact to such recreational trail access.''.
TITLE III--INTERCITY PASSENGER RAIL POLICY
SEC. 9301. NORTHEAST CORRIDOR COMMISSION.
Section 24905 of title 49, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A) by striking ``members'' and
inserting ``4 members'';
(B) in subparagraph (B) by striking ``members'' and
inserting ``5 members''; and
(C) in subparagraph (D) by striking ``and commuter
railroad carriers using the Northeast Corridor selected
by the Secretary'' and inserting ``railroad carriers
and commuter authorities using the Northeast Corridor,
as determined by the Commission'';
(2) by striking paragraph (2) of subsection (a) and
inserting the following:
``(2) At least 2 of the members described in paragraph
(1)(B) shall be career appointees, as such term is defined in
section 3132(a) of title 5.'';
(3) in subsection (b)(3)(B)--
(A) in clause (i) by inserting ``, including
ridership trends,'' before ``along the Northeast
Corridor'';
(B) in clause (ii) by striking ``capital investment
plan described in section 24904.'' and inserting
``first year of the capital investment plan described
in section 24904; and''; and
(C) by adding at the end the following:
``(iii) progress in assessing and
eliminating the state-of-good-repair
backlog.'';
(4) in subsection (c)--
(A) by striking ``(1) Development'' and all that
follows through ``standardized policy'' and inserting
the following:
``(1) Policy.--The Commission shall--
``(A) maintain and update, as appropriate, the
`Northeast Corridor Commuter and Intercity Rail Cost
Allocation Policy' approved on September 17, 2015,'';
(B) in paragraph (1)--
(i) in subparagraph (B) by striking ``a
proposed timetable for implementing'' and
inserting ``timetables for implementing and
maintaining'';
(ii) in subparagraph (C) by striking ``the
policy and the timetable'' and inserting
``updates to the policy and the timetables'';
and
(iii) by striking subparagraph (D) and
inserting the following:
``(D) support the efforts of the members of the
Commission to implement the policy in accordance with
such timetables; and'';
(C) in paragraph (2)--
(i) by striking the first sentence and
inserting ``In accordance with the timetable
developed in paragraph (1), Amtrak and commuter
authorities on the Northeast Corridor shall
implement the policy developed under paragraph
(1) in agreements for usage of facilities or
services.'';
(ii) by striking ``fail to implement such
new agreements'' and inserting ``fail to
implement the policy''; and
(iii) by striking ``paragraph (1)(A), as
applicable'' and inserting ``paragraph (1)'';
and
(D) in paragraph (4) by striking ``public
authorities providing commuter rail passenger
transportation'' and inserting ``commuter
authorities'';
(5) by striking subsection (d);
(6) by redesignating subsection (e) as subsection (d); and
(7) in paragraph (1)(D) of subsection (d) (as redesignated
by paragraph (6)) by striking ``commuter rail agencies'' and
inserting ``commuter authorities''.
SEC. 9302. NORTHEAST CORRIDOR PLANNING.
(a) In General.--Section 24904 of title 49, United States Code, is
amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by striking subsection (c);
(3) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively;
(4) by inserting before subsection (b), as so redesignated,
the following:
``(a) Strategic Development Plan.--
``(1) Requirement.--Not later than December 31, 2021, the
Northeast Corridor Commission established under section 24905
(referred to in this section as the `Commission') shall submit
to Congress a strategic development plan that identifies key
state-of-good-repair, capacity expansion, and capital
improvement projects planned for the Northeast Corridor, to
upgrade aging infrastructure and improve the reliability,
capacity, connectivity, performance, and resiliency of
passenger rail service on the Northeast Corridor.
``(2) Contents.--The strategic development plan required
under paragraph (1) shall--
``(A) provide a coordinated and consensus-based
plan covering a period of 15 years;
``(B) identify service objectives and capital
investments needs;
``(C) provide a delivery-constrained strategy that
identifies capital investment phasing, an evaluation of
workforce needs, and strategies for managing resources
and mitigating construction impacts on operations;
``(D) include a financial strategy that identifies
funding needs and potential sources and includes an
economic impact analysis; and
``(E) be updated at least every 5 years.'';
(5) in subsection (b) (as redesignated by paragraph (3))--
(A) by striking ``Not later than'' and all that
follows through ``shall'' and inserting ``Not later
than November 1 of each year, the Commission shall'';
(B) in paragraph (1)(A) by striking ``a capital
investment plan'' and inserting ``an annual capital
investment plan'';
(C) in paragraph (2)--
(i) in subparagraph (A) by striking ``and
network optimization'';
(ii) in subparagraph (B) by striking ``and
service'';
(iii) in subparagraph (C) by striking
``first fiscal year after the date on which''
and inserting ``fiscal year during which'';
(iv) in subparagraph (D) by striking
``identify, prioritize,'' and all that follows
through ``and consider'' and inserting
``document the projects and programs being
undertaken to achieve the service outcomes
identified in the Northeast Corridor strategic
development plan, once available, and the asset
condition needs identified in the Northeast
Corridor asset management plans and consider'';
and
(v) in subparagraph (E)(i) by striking
``normalized capital replacement and''; and
(D) in paragraph (3)(B) by striking ``expected
allocated shares of costs'' and inserting ``status of
cost sharing agreements'';
(6) in subsection (c) (as redesignated by paragraph (3)) by
striking ``may be spent only on'' and all that follows through
the end and inserting ``may be spent only on capital projects
and programs contained in the Commission's capital investment
plan from the previous year.''; and
(7) by striking subsections (d) and (e) and inserting the
following:
``(d) Review and Coordination.--The Commission shall gather
information from Amtrak, the States in which the Northeast Corridor is
located, and commuter rail authorities to support development of the
capital investment plan. The Commission may specify a format and other
criteria for the information submitted. Submissions to the plan from
Amtrak, States in which the Northeast Corridor are located, and
commuter rail authorities shall be provided to the Commission in a
manner that allows for a reasonable period of review by, and
coordination with, affected agencies.
``(e) Northeast Corridor Asset Management.--
``(1) Contents.--With regard to existing infrastructure,
Amtrak and other infrastructure owners that provide or support
intercity rail passenger transportation on the Northeast
Corridor shall develop an asset management system, and use and
update such system as necessary, to develop submissions to the
Northeast Corridor capital investment plan described in
subsection (b). Such system shall--
``(A) be consistent with the Federal Transit
Administration process, as authorized under section
5326, when implemented; and
``(B) include, at a minimum--
``(i) an inventory of all capital assets
owned by the developer of the plan;
``(ii) an assessment of asset condition;
``(iii) a description of the resources and
processes necessary to bring or maintain those
assets in a state of good repair; and
``(iv) a description of changes in asset
condition since the previous version of the
plan.''.
(b) Conforming Amendments.--
(1) Accounts.--Section 24317(d)(1) of title 49, United
States Code, is amended--
(A) in subparagraph (B) by striking
``24904(a)(2)(E)'' and inserting ``24904(b)(2)(E)'';
and
(B) in subparagraph (F) by striking ``24904(b)''
and inserting ``24904(c)''.
(2) Federal-state partnership for state of good repair.--
Section 24911(e)(2) of title 49, United States Code, is amended
by striking ``24904(a)'' and inserting ``24904(b)''.
SEC. 9303. PROTECTIVE ARRANGEMENTS.
Section 22905 of title 49, United States Code, is amended--
(1) in subsection (c)(2)(B) by striking ``that are
equivalent to the protective arrangements established under
section 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 836)'' and inserting
``established by the Secretary under subsection (e)(1)'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Equivalent Employee Protections.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of this subsection, the Administrator of the
Federal Railroad Administration shall establish protective
arrangements equivalent to those established under section 504
of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 836), and require such protective arrangements
to apply to employees described under subsection (c)(2)(B) and
as required under subsection (l) of section 22907.
``(2) Publication.--The Administrator shall make available
on a publicly available website the protective arrangements
established under paragraph (1).''.
SEC. 9304. HIGH-SPEED RAIL FUNDS.
(a) In General.--Notwithstanding any other provision of law and not
later than 90 days after the date of enactment of this Act, the
Secretary of Transportation shall reinstate any cooperative agreement
terminated after January 1, 2019 that was originally entered into under
the heading ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' in the Department of Transportation
Appropriations Act, 2010 (Public Law 111-117).
(b) Inclusion.--The reinstatement under subsection (a) shall
include the obligation to such agreement of all of the funds obligated
to such agreement as of the date of termination of such agreement.
TITLE IV--COMMUTER RAIL POLICY
SEC. 9401. SURFACE TRANSPORTATION BOARD MEDIATION OF TRACKAGE USE
REQUESTS.
Section 28502 of title 49, United States Code, is amended to read
as follows:
``Sec. 28502. Surface Transportation Board mediation of trackage use
requests
``A rail carrier shall provide good faith consideration to a
reasonable request from a provider of commuter rail passenger
transportation for access to trackage and provision of related
services. If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail carrier to
use trackage of, and have related services provided by, the rail
carrier for purposes of commuter rail passenger transportation, the
public transportation authority or the rail carrier may apply to the
Board for nonbinding mediation. The Board shall conduct the nonbinding
mediation in accordance with the mediation process of section 1109.4 of
title 49, Code of Federal Regulations, as in effect on the date of
enactment of the TRAIN Act.''.
SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION OF RIGHTS-OF-WAY USE
REQUESTS.
Section 28503 of title 49, United States Code, is amended to read
as follows:
``Sec. 28503. Surface Transportation Board mediation of rights-of-way
use requests
``A rail carrier shall provide good faith consideration to a
reasonable request from a provider of commuter rail passenger
transportation for access to rail right-of-way for the construction and
operation of a segregated fixed guideway facility. If, after a
reasonable period of negotiation, a public transportation authority
cannot reach agreement with a rail carrier to acquire an interest in a
railroad right-of-way for the construction and operation of a
segregated fixed guideway facility to provide commuter rail passenger
transportation, the public transportation authority or the rail carrier
may apply to the Board for nonbinding mediation. 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.''.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
SEC. 9501. NATIONAL ACADEMIES STUDY ON SAFETY IMPACT OF TRAINS LONGER
THAN 7,500 FEET.
(a) Study.--The Secretary of Transportation shall seek to enter
into an agreement with the National Academies to conduct a study and
issue to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the safety impacts of freight
trains longer than 7,500 feet.
(b) Contents.--The study conducted pursuant to subsection (a) shall
include--
(1) an examination of any potential risks of the operation
of such trains and recommendations on mitigation of such risks;
(2) among other safety factors with respect to such trains,
an evaluation of--
(A) any increased risk of loss of communications
between the end of train device and the locomotive cab,
including communications over differing terrains and
conditions;
(B) any increased risk of loss of communications
between crewmembers, including communications over
differing terrains and conditions;
(C) any increased risk of derailments, including
risks associated with in-train compressive forces and
slack action or other safety risks in the operations of
such trains in differing terrains and conditions;
(D) safety risks associated with the deployment of
multiple distributed power units in the consists of
such trains; and
(E) impacts of the length of trains on braking and
locomotive performance and track wear and tear; and
(3) an evaluation of whether additional engineer and
conductor training is required for safely operating such
trains.
(c) Report.--Not later than 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 results of the study.
(d) Funding.--From the amounts made available for fiscal year 2021
to carry out section 20117(a) of title 49, United States Code, the
Secretary shall expend not less than $1,000,000 and not more than
$2,000,000 to carry out the study required under subsection (a).
SEC. 9502. GAO STUDY ON CHANGES IN FREIGHT RAILROAD OPERATING AND
SCHEDULING PRACTICES.
(a) Study.--The Comptroller General of the United States shall
study the impact on freight rail shippers, Amtrak, commuter railroads,
railroad employees, and other affected parties of changes in freight
railroad operating and scheduling practices as a result of the
implementation of the precision scheduled railroading model.
(b) Contents.--At minimum, the study shall examine--
(1) the impacts of the operation of longer trains;
(2) safety impacts of reduction in workforce, including
occupational injury rates, impacts to inspection frequencies
and repair quality, and changes in workforce demands;
(3) the elimination or downsizing of yards, repair
facilities, and other operational facilities;
(4) increases in demurrage or accessorial charges or other
costs to shippers;
(5) capital expenditures for rail infrastructure; and
(6) the effect of changes to dispatching practices and
locations of dispatching centers on--
(A) the on-time performance of passenger trains,
and
(B) the quality and reliability of service to
freight shippers.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report summarizing the study and the results of such study, including
recommendations for addressing any negative impacts of precision
scheduled railroading on freight shippers or passenger railroads.
SEC. 9503. FRA SAFETY REPORTING.
(a) In General.--Section 20901 of title 49, United States Code, is
amended by inserting ``(including the train length, the number of crew
members on board the train, and the duties of such crew members)''
after ``reported accident or incident''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall issue such
regulations as are necessary to carry out the amendment made by
subsection (a).
SEC. 9504. WAIVER NOTICE REQUIREMENTS.
Section 20103(d) of title 49, United States Code, is amended to
read as follows:
``(d) Nonemergency Waivers.--
``(1) In general.--The Secretary may waive compliance with
any part of a regulation prescribed or order issued under this
chapter if the waiver is in the public interest and consistent
with railroad safety.
``(2) Notice required.--The Secretary shall--
``(A) provide timely public notice of any request
for a waiver under this subsection;
``(B) make the application for such waiver and any
related underlying data available to interested
parties;
``(C) provide the public with notice and a
reasonable opportunity to comment on a proposed waiver
under this subsection before making a final decision;
and
``(D) make public the reasons for granting a waiver
under this subsection.
``(3) Information protection.--Nothing in this subsection
shall be construed to require the release of information
protected by law from public disclosure.''.
SEC. 9505. NOTICE OF FRA COMPREHENSIVE SAFETY ASSESSMENTS.
(a) Initial Notice.--Not later than 10 business days after the
Federal Railroad Administration initiates a comprehensive safety
assessment of an entity providing regularly scheduled intercity or
commuter rail passenger transportation, the Federal Railroad
Administration shall notify in electronic format the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate,
and each member of Congress representing a State in which the service
that is the subject of the assessment being conducted is located, of
the initiation of such assessment.
(b) Findings.--Not later than 90 days after completion of a
comprehensive safety assessment described in subsection (a), the
Federal Railroad Administration shall transmit in electronic format to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and to each member of Congress
representing a State in which the service that is the subject of the
assessment being conducted is located, the findings of such assessment,
including identified defects and any recommendations.
(c) Definition of Comprehensive Safety Assessment.--In this
section, the term ``comprehensive safety assessment'' means a focused
review of the safety-related processes and procedures, compliance with
safety regulations and requirements, and overall safety culture of an
entity providing regularly scheduled intercity or commuter rail
passenger transportation.
SEC. 9506. FRA ACCIDENT AND INCIDENT INVESTIGATIONS.
Section 20902 of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``subpena'' and inserting
``subpoena''; and
(2) by adding at the end the following:
``(d) Gathering Information and Technical Expertise.--
``(1) In general.--The Secretary shall create a standard
process for investigators to use during accident and incident
investigations conducted under this section for determining
when it is appropriate to, and how to--
``(A) gather information about an accident or
incident under investigation from railroad carriers,
contractors or employees of railroad carriers or
representatives of employees of railroad carriers, and
others, as determined relevant by the Secretary; and
``(B) consult with railroad carriers, contractors
or employees of railroad carriers or representatives of
employees of railroad carriers, and others, as
determined relevant by the Secretary, for technical
expertise on the facts of the accident or incident
under investigation.
``(2) Confidentiality.--In developing the process under
paragraph (1), the Secretary shall factor in ways to maintain
the confidentiality of any entity identified under paragraph
(1) if--
``(A) such entity requests confidentiality;
``(B) such entity was not involved in the accident
or incident; and
``(C) maintaining such entity's confidentiality
does not adversely affect an investigation of the
Federal Railroad Administration.
``(3) Application of law.--This subsection shall not apply
to any investigation carried out by the National Transportation
Safety Board.''.
SEC. 9507. RAIL SAFETY IMPROVEMENTS.
(a) Federal Railroad Administration Requirements.--Not later than
18 months after the date of enactment of this Act, the Secretary of
Transportation shall carry out the following:
(1) Complete a study on how signage can be used to improve
safety in the rail industry that includes--
(A) a review of how signs used for other modes of
transportation may be effectively used in the rail
industry;
(B) a review of how signs used in the railroad
industry differ; and
(C) an analysis of whether a uniform system for
speed signs across the United States rail system would
benefit the railroad industry and improve safety.
(2) Reevaluate seat securement mechanisms and the
susceptibility of such mechanisms to inadvertent rotation, and
identify a means to prevent the failure of such mechanisms to
maintain seat securement.
(3) Conduct research to evaluate the causes of passenger
injuries in passenger railcar derailments and overturns and
evaluate potential methods for mitigating such injuries.
(4) Based on the research conducted under paragraph (3),
develop occupant protection standards for passenger railcars
that will mitigate passenger injuries likely to occur during
derailments and overturns.
(5) Develop policies for the safe use of child seats to
prevent uncontrolled or unexpected movements in intercity
passenger trains from disrupting the secure position of such
seats.
(b) Requirements for Amtrak.--Not later than 18 months after the
date of enactment of this Act, Amtrak shall--
(1) ensure operating crewmembers demonstrate proficiency,
under daylight and nighttime conditions, on the physical
characteristics of a territory by using all resources
available, including in-cab instruments, observation rides,
throttle time, signage, signals, and landmarks;
(2) ensure the proficiency required under paragraph (1) is
demonstrated on written examinations;
(3) revise classroom and road training programs to ensure
that operating crews fully understand all locomotive operating
characteristics, alarms, and the appropriate response to
abnormal conditions;
(4) require that all engineers undergo simulator training
before operating new or unfamiliar equipment (at a minimum,
experience and respond properly to all alarms), and when
possible, undergo simulator training to experience normal and
abnormal conditions on new territory before operating in
revenue service on such new territory;
(5) ensure that simulator training specified in paragraph
(4) supplements the hours engineers spend training on new
equipment before becoming certified on such equipment and
performing runs on new territory before becoming qualified on
such territory;
(6) implement a formal, systematic approach to developing
training and qualification programs to identify the most
effective strategies for preparing crewmembers to safely
operate new equipment on new territories;
(7) work with host railroads and States that own
infrastructure over which Amtrak operates to complete a
comprehensive assessment of the territories to ensure that
necessary wayside signs and plaques are identified, highly
noticeable, and strategically located to provide operating
crews the information needed to safely operate trains;
(8) update the safety review process to ensure that all
operating documents are up to date and accurate before
initiating new or revised revenue operations;
(9) incorporate all prerevenue service planning,
construction, and route verification work into the scope of a
corporate-wide system safety plan, including through rules and
policies, risk assessment analyses, safety assurances, and
safety promotions; and
(10) conduct risk assessments on all new or upgraded
services that occur on Amtrak-owned territory, host railroads,
or in States that own infrastructure over which Amtrak
operates.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary and Amtrak shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on their progress on meeting the requirements under subsections
(a) and (b), respectively, including a description of all completed
elements of the requirements.
SEC. 9508. ANNUAL REVIEW OF SPEED LIMIT ACTION PLANS.
Section 11406 of the FAST Act (Public Law 114-94) is amended--
(1) in subsection (c) by inserting ``or subsection (d)(2)''
after ``subsection (b)'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c) the following:
``(d) Periodic Reviews and Updates.--Each railroad carrier that
files an action plan under subsection (b) shall--
``(1) not later than 1 year after the date of enactment of
the TRAIN Act, and annually thereafter, review such plan to
ensure the effectiveness of actions taken to enable warning and
enforcement of the maximum authorized speed for passenger
trains at each location identified under subsection (b)(1); and
``(2) not later than 90 days prior to implementing any
operational or territorial operating change, including
initiating a new service or route, submit to the Secretary a
revised action plan that addresses such operational or
territorial operating change.''; and
(4) by adding at the end the following:
``(h) Prohibition.--No new intercity rail passenger transportation
or commuter rail passenger service may begin operation unless the
railroad carrier providing such service is in compliance with this
section.''.
SEC. 9509. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 20169. Freight train crew size safety standards
``(a) Minimum Crew Size.--No freight train may be operated unless
such train has a crew of at least 1 appropriately qualified and
certified conductor and 1 appropriately qualified and certified
engineer.
``(b) Exceptions.--Except as provided in subsection (d), the
prohibition in subsection (a) shall not apply in the following
circumstances:
``(1) Train operations within a rail yard or terminal area
or on auxiliary or industry tracks.
``(2) A train operated--
``(A) by a railroad carrier that has fewer than
400,000 total employee work hours annually and less
than $20,000,000 annual revenue;
``(B) at a speed of not more than 25 miles per
hour; and
``(C) on a track with an average track grade of
less than 2 percent for any segment of track that is at
least 2 continuous miles.
``(3) Locomotives performing assistance to a train that has
incurred mechanical failure or lacks the power to traverse
difficult terrain, including traveling to or from the location
where assistance is provided.
``(4) Locomotives that--
``(A) are not attached to any equipment or attached
only to a caboose; and
``(B) do not travel farther than 30 miles from a
rail yard.
``(5) Train operations staffed with fewer than a 2-person
crew at least 1 year prior to the date of enactment of this
section, if the Secretary determines that the operation
achieves an equivalent level of safety.
``(c) Trains Ineligible for Exception.--The exceptions under
subsection (b) may not be applied to--
``(1) a train transporting 1 or more loaded cars carrying
material toxic by inhalation, as defined in section 171.8 of
title 49, Code of Federal Regulations;
``(2) a train carrying 20 or more loaded tank cars of a
Class 2 material or a Class 3 flammable liquid in a continuous
block or a single train carrying 35 or more loaded tank cars of
a Class 2 material or a Class 3 flammable liquid throughout the
train consist; and
``(3) a train with a total length of 7,500 feet or greater.
``(d) Waiver.--A railroad carrier may seek a waiver of the
requirements of this section pursuant to section 20103(d).''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is amended by adding at the end
the following:
``20169. Freight train crew size safety standards.''.
SEC. 9510. SAFE CROSS BORDER OPERATIONS.
(a) In General.--Section 416 title IV of division A of the Rail
Safety Improvement Act of 2008 (49 U.S.C. 20107 note) is amended--
(1) by striking ``Mechanical and brake'' and inserting
``(a) In General.--Mechanical and brake''; and
(2) by adding at the end the following:
``(b) Waiver.--The Secretary may not grant any waiver or waiver
modification that provides for the ability to perform mechanical or
brake inspections of rail cars in Mexico in lieu of complying with the
certification requirements of this section.''.
(b) Safety Standards for Certain Rail Crews.--
(1) In general.--Title IV of division A of the Rail Safety
Improvement Act of 2008 (Public Law 110-432) is amended by
adding at the end the following:
``SEC. 421. SAFETY STANDARDS FOR CERTAIN RAIL CREWS.
``(a) In General.--The Secretary of Transportation may not permit
covered rail employees to enter the United States to perform train or
dispatching service unless the Secretary certifies that--
``(1) Mexico has adopted and is enforcing safety standards
for covered rail employees that are equivalent to, or greater
than, those applicable to railroad employees whose primary
reporting point is in the United States, including
qualification and certification requirements under parts 240
and 242 of title 49, Code of Federal Regulations;
``(2) covered rail employees are subject to the alcohol and
drug testing requirements in part 219 of title 49, Code of
Federal Regulations, including the requirements of subparts F,
G, and H of such part, to the same extent as such requirements
apply to railroad employees whose primary reporting point is in
the United States and who are subject to such part;
``(3) covered rail employees are subject to hours of
service requirements under section 21103 of title 49, United
States Code, at all times any such employee is on duty,
regardless of location;
``(4) covered rail employees are subject to the motor
vehicle driving record evaluation requirements in section
240.115 of title 49, Code of Federal Regulations, to the same
extent as such requirements apply to railroad employees whose
primary reporting point is in the United States and are subject
to such section, and that such evaluation includes driving
records from the same country as the employee's primary
reporting point; and
``(5) the Federal Railroad Administration is permitted to
perform onsite inspections of rail facilities in Mexico to
ensure compliance with paragraphs (1) and (2).
``(b) Notice Required.--
``(1) In general.--Not later than 5 days after the date on
which the Secretary certifies each of the requirements under
paragraphs (1) through (5) of subsection (a), the Secretary
shall publish in the Federal Register--
``(A) notice of each such certification; and
``(B) documentation supporting each such
certification.
``(2) Public comment.--To ensure compliance with the
requirements of this section and any other applicable safety
requirements, the Secretary shall--
``(A) allow for public comment on the notice
required under paragraph (1); and
``(B) hold a public hearing on such notice.
``(3) Congressional notice.--On the date on which each
publication required under paragraph (1) is published in the
Federal Register, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of such publication.
``(c) Drug and Alcohol Testing.--
``(1) Nonapplication of exemption.--For purposes of
compliance with subsection (a)(2), the exemption contained in
part 219.3(d)(2) of title 49, Code of Federal Regulations,
shall not apply.
``(2) Audit by office of drug and alcohol compliance.--To
ensure compliance with the drug and alcohol testing programs
described in subsection (a)(2), the Office of Drug and Alcohol
Compliance in the Department of Transportation shall conduct an
annual audit of such programs and recommend enforcement actions
as needed.
``(d) Definition of Covered Rail Employee.--In this section, the
term `covered rail employee' means a railroad employee whose primary
reporting point is in Mexico.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Rail Safety Improvement Act of 2008 (Public Law
110-432), is amended by inserting after the item relating to
section 420 the following:
``Sec. 421. Safety standards for certain rail crews.''.
SEC. 9511. YARDMASTERS HOURS OF SERVICE.
(a) Limitations on Duty Hours of Yardmaster Employees.--Section
21103 of title 49, United States Code, is amended--
(1) in the section heading by inserting ``and yardmaster
employees'' after ``train employees'';
(2) by inserting ``or yardmaster employee'' after ``train
employee'' each place it appears; and
(3) in subsection (e) by inserting ``or yardmaster
employee's'' after ``During a train employee's''.
(b) Definitions.--Section 21101 of title 49, United States Code, is
amended--
(1) in paragraph (3) by inserting ``a yardmaster
employee,'' after ``dispatching service employee,''; and
(2) by adding at the end the following:
``(6) `yardmaster employee' means an individual
responsible for supervising and coordinating the
control of trains and engines operating within a rail
yard.''.
(c) Conforming Amendment.--The analysis for chapter 211 of title
49, United States Code, is amended by striking the item relating to
section 21103 and inserting the following:
``21103. Limitations on duty hours of train employees and yardmaster
employees.''.
SEC. 9512. LEAKING BRAKES.
The Administrator of the Federal Railroad Administration shall take
such actions as are necessary to ensure that no DB-60 air brake control
valve manufactured before January 1, 2006, is equipped on a rail car
operating on--
(1) a unit train north of the 37th parallel on or after
August 1, 2022; or
(2) a non-unit train north of the 37th parallel on or after
August 1, 2024.
SEC. 9513. ANNUAL REPORT ON PTC SYSTEM FAILURES.
Section 20157 of title 49, United States Code, is amended by adding
at the end the following:
``(m) Annual Report of System Failures.--Not later than April 16 of
each calendar year following the date of an implementation deadline
under subsection (a)(1), each railroad shall submit to the Secretary a
report containing the number of positive train control system failures,
separated by each major hardware category, that occurred during the
previous calendar year.''.
SEC. 9514. FATIGUE REDUCTION PILOT PROJECTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) maintaining the highest level of safety across the
nation's railroad network is of critical importance;
(2) ensuring the safety of rail transportation requires the
full attention of all workers engaged in safety-critical
functions;
(3) fatigue degrades an individual's ability to stay awake,
alert, and attentive to the demands of safe job performance;
(4) the cognitive impairments to railroad workers that
result from fatigue can cause dangerous situations that put
workers and communities at risk;
(5) the Rail Safety Improvement Act of 2008 mandated that
the Federal Railroad Administration conduct two pilot projects
to analyze specific practices that may be used to reduce
fatigue in employees and as of the date of enactment of this
Act, neither pilot project has commenced; and
(6) the Federal Railroad Administration should coordinate
with the industry and the workforce to commence and complete
the fatigue pilot projects mandated in 2008.
(b) Pilot Projects.--Section 21109(e) of title 49, United States
Code, is amended--
(1) by striking ``Not later than 2 years after the date of
enactment of the Rail Safety Improvement Act of 2008'' and
inserting ``Not later than 1 year after the date of enactment
of the TRAIN Act''; and
(2) by adding at the end the following:
``(3) Coordination.--The pilot projects required under
subparagraph (1) shall be developed and evaluated in
coordination with the labor organization representing the class
or craft of employees impacted by the pilot projects.''.
(c) Reimbursement.--The Secretary of Transportation may reimburse
railroads participating in the pilot projects under 21109(e) of title
49, United States Code, a share of the costs associated with the pilot
projects, as determined by the Secretary.
(d) Report.--
(1) In general.--If the pilot projects required under
section 21109(e) of title 49, United States Code, have not
commenced on the date that is 1 year after the date of
enactment of this Act, the Secretary shall, not later than 1
year and 30 days after the date of enactment of this Act,
transmit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing--
(A) the status of the pilot projects;
(B) actions the Federal Railroad Administration has
taken to commence the pilot projects, including efforts
to recruit participant railroads;
(C) any challenges impacting the commencement of
the pilot projects; and
(D) any other details associated with the
development of the pilot projects that affect the
progress toward meeting the mandate of such section.
SEC. 9515. ASSAULT PREVENTION AND RESPONSE PLANS.
(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this division, is further amended by adding
at the end the following:
``Sec. 20170. Assault prevention and response plans
``(a) In General.--Not later than 180 days after the date of
enactment of the TRAIN Act, any entity that provides regularly
scheduled intercity or commuter rail passenger transportation shall
submit to the Secretary of Transportation for review and approval an
assault prevention and response plan (in this section referred to as
the `Plan') to address transportation assaults.
``(b) Contents of Plan.--The Plan required under subsection (a)
shall include--
``(1) procedures that--
``(A) facilitate the reporting of a transportation
assault, including the notification of on-site
personnel, rail law enforcement, and local law
enforcement;
``(B) personnel should follow up on the reporting
of a transportation assault, including actions to
protect affected individuals from continued assault;
``(C) may be taken to remove the passenger or
personnel who has committed a transportation assault
from the train or related area or facility as soon as
practicable when appropriate;
``(D) include protections and safe reporting
practices for passengers who may have been assaulted by
personnel; and
``(E) may limit or prohibit, to the extent
practicable, future travel with the entity described in
subsection (a) by any passenger or personnel who
commits a transportation assault against personnel or
passengers;
``(2) a policy that ensures an employee who is a victim or
witness of a transportation assault may participate in the
prosecution of a criminal offense of such assault without any
adverse effect on the victim's or witnesses' employment status;
and
``(3) a process and timeline for conducting an annual
review and update of the Plan.
``(c) Notice to Passengers.--An entity described under subsection
(a) shall display onboard trains and in boarding areas, as appropriate,
a notice stating the entity's abilities to restrict future travel under
subsection (b)(1)(E).
``(d) Personnel Training.--An entity described under subsection (a)
shall provide initial and annual training for all personnel on the
contents of the Plan, including training regarding--
``(1) the procedures described in subsection (b);
``(2) methods for responding to hostile situations,
including de-escalation training; and
``(3) rights and responsibilities of personnel with respect
to a transportation assault on themselves, other personnel, or
passengers.
``(e) Personnel Participation.--The Plan required under subsection
(a) shall be developed and implemented with the direct participation of
personnel, and, as applicable, labor organizations representing
personnel.
``(f) Reporting.--
``(1) Incident notification.--
``(A) In general.--Not later than 10 days after a
transportation assault incident, the applicable entity
described in subsection (a) shall notify personnel
employed at the location in which the incident
occurred. In the case of an incident on a vehicle, such
entity shall notify personnel regularly scheduled to
carry out employment activities on the service route on
which the incident occurred.
``(B) Content of incident report.--The notification
required under paragraph (1) shall--
``(i) include a summary of the incident;
and
``(ii) be written in a manner that protects
the confidentiality of individuals involved in
the incident.
``(2) Annual report.--For each calendar year, each entity
with respect to which a transportation assault incident has
been reported during such year shall submit to the Secretary
report that describes--
``(A) the number of assault incidents reported to
the entity, including--
``(i) the number of incidents committed
against passengers; and
``(ii) the number of incidents committed
against personnel; and
``(B) the number of assault incidents reported to
rail or local law enforcement by personnel of the
entity.
``(3) Publication.--The Secretary shall make available to
the public on the primary website of the Federal Railroad
Administration the data collected under paragraph (2).
``(4) Data protection.--Data made available under this
subsection shall be made available in a manner that protects
the confidentiality of individuals involved in transportation
assault incidents.
``(g) Definition of Transportation Assault.--In this section, the
term `transportation assault' means the occurrence, or reasonably
suspected occurrence, of an act that--
``(1) constitutes assault;
``(2) is committed by a passenger or member of personnel of
an entity that provides regularly scheduled intercity or
commuter rail passenger transportation against another
passenger or member of personnel of such entity; and
``(3) takes place--
``(A) within a vehicle of such entity; or
``(B) in an area in which passengers are entering
or exiting a vehicle described in subparagraph (A); or
``(C) a station or facility where such entity
operates, regardless of ownership of the station or
facility.''.
(b) Conforming Amendment.--The analysis for subchapter II of
chapter 201 of title 49, United States Code, as amended by this
division, is further amended by adding at the end the following:
``20170. Assault prevention and response plan.''.
SEC. 9516. CRITICAL INCIDENT STRESS PLANS.
The Secretary of Transportation shall issue such regulations as are
necessary to amend part 272 of title 49, Code of Federal Regulations,
to ensure that--
(1) the coverage of a critical incident stress plan under
section 272.7 of such part includes employees of commuter
railroads and intercity passenger railroads, as such terms are
defined in section 272.9 of such part, who directly interact
with passengers; and
(2) assault and the witnessing of an assault against an
employee or train passenger is included in the definition of
critical incident under section 272.9 of such part.
SEC. 9517. STUDY ON SAFETY CULTURE ASSESSMENTS.
(a) In General.--The Administrator of the Federal Railroad
Administration shall conduct a study on the feasibility of expanding
railroad safety culture assessments and training to include assessments
and training for workers employed by tourist railroads, passenger
railroads, and commuter railroads.
(b) Contents of Study.--The study required under subsection (a)
shall include--
(1) an analysis on the need for the expansion;
(2) the resources required to carry out the additional
assessments and training; and
(3) other potential safety challenges the initiative could
address.
(c) Report.--The Federal Railroad Administration shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the study
conducted under subsection (a).
Subtitle B--Grade Crossing Safety
SEC. 9551. GRADE CROSSING SEPARATION GRANT.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this division, is further amended by adding
at the end the following:
``Sec. 20171. Grade crossing separation grants
``(a) General Authority.--The Secretary of Transportation shall
make grants under this section to eligible entities to assist in
financing the cost of highway-rail grade separation projects.
``(b) Application Requirements.--To be eligible for a grant under
this section, an eligible entity shall submit to the Secretary an
application in such form, in such manner, and containing such
information as the Secretary may require, including--
``(1) an agreement between the entity that owns or controls
the right-of-way and the applicant addressing access to right-
of-way throughout the project; and
``(2) a cost-sharing agreement with the funding amounts
that the entity that owns or controls the right-of-way shall
contribute to the project, which shall be not less than 10
percent of the total project cost.
``(c) Eligible Projects.--The following projects are eligible to
receive a grant under this section:
``(1) Installation, repair, or improvement of grade
crossing separations.
``(2) Grade crossing elimination incidental to eligible
grade crossing separation projects.
``(3) Project planning, development, and environmental work
related to a project described in paragraph (1) or (2).
``(d) Project Selection Criteria.--
``(1) Large projects.--Of amounts made available to carry
out this section, not more than 50 percent shall be available
for projects with total costs of $100,000,000 or greater.
``(2) Considerations.--In awarding grants under this
section, the Secretary--
``(A) shall give priority to projects that maximize
the safety benefits of Federal funding; and
``(B) may evaluate applications on the safety
profile of the existing crossing, 10-year history of
accidents at such crossing, inclusion of the proposed
project on a grade crossing safety action plan, average
automobile traffic, freight train traffic, average
daily number of crossing closures, and proximity of
community resources, including schools, hospitals, fire
stations, police stations, and emergency medical
service facilities.
``(e) Federal Share of Total Project Costs.--
``(1) Total project costs.--The Secretary shall estimate
the total costs of a project under this section based on the
best available information, including any available engineering
studies, studies of economic feasibility, environmental
analysis, and information on the expected use of equipment or
facilities.
``(2) Federal share.--
``(A) Projects over $40,000,000.--For projects
exceeding $40,000,000 in total project costs, the
Federal share under this section for such project shall
not exceed 65 percent.
``(B) Projects under $40,000,000.--For projects not
exceeding $40,000,000 in total project costs, the
Federal share under this section for such project shall
not exceed 85 percent.
``(f) Grant Conditions.--An eligible entity may not receive a grant
for a project under this section unless such project is in compliance
with section 22905, except that 22905(b) shall only apply to a person
that conducts rail operations.
``(g) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a public agency or publicly chartered
authority;
``(C) a metropolitan planning organization;
``(D) a political subdivision of a State; and
``(E) a Tribal government.
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' has the meaning given such
term in section 134(b) of title 23.
``(3) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, as amended by this division, is
further amended by adding at the end the following:
``20171. Grade crossing separation grants.''.
SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this division, is further amended by adding
at the end the following:
``Sec. 20172. Rail safety public awareness grants
``(a) Grant.--The Administrator of the Federal Railroad
Administration shall make grants to eligible entities to carry out
public information and education programs to help prevent and reduce
rail-related pedestrian, motor vehicle, and other accidents, incidents,
injuries, and fatalities, and to improve awareness along railroad
rights-of-way and at railway-highway grade crossings.
``(b) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Administrator an
application in such form, in such manner, and containing such
information as the Secretary may require.
``(c) Contents.--Programs eligible for a grant under this section--
``(1) shall include, as appropriate--
``(A) development, placement, and dissemination of
public service announcements in appropriate media;
``(B) school presentations, driver safety
education, materials, and public awareness campaigns;
and
``(C) disseminating information to the public on
how to identify and report to the appropriate
authorities unsafe or malfunctioning highway-rail grade
crossings; and
``(2) may include targeted and sustained outreach in
communities at greatest risk to develop measures to reduce such
risk.
``(d) Coordination.--Eligible entities shall coordinate program
activities with local communities, law enforcement and emergency
responders, and rail carriers, as appropriate, and ensure consistency
with State highway-rail grade crossing action plans required under
section 11401(b) of the FAST Act (49 U.S.C. 22501 note) and the report
titled `National Strategy to Prevent Trespassing on Railroad Property'
issued by the Federal Railroad Administration in October 2018.
``(e) Prioritization.--In awarding grants under this section, the
Administrator shall give priority to applications for programs that--
``(1) are nationally recognized;
``(2) are targeted at schools in close proximity to
railroad rights-of-way;
``(3) partner with nearby railroad carriers; or
``(4) focus on communities with a recorded history of
repeated grade crossing accidents.
``(f) Definitions.--In this section:
``(1) Eligible entity.--the term `eligible entity' means--
``(A) a nonprofit organization;
``(B) a State;
``(C) a political subdivision of a State; and
``(D) a law enforcement agency or emergency
response organization.
``(2) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, as amended by this division, is
further amended by adding at the end the following:
``20172. Rail safety public awareness grants.''.
SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC
GRADE CROSSINGS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this division, is further amended by adding
at the end the following:
``Sec. 20173. Time limit for blocking a rail crossing
``(a) Time Limit.--A train, locomotive, railroad car, or other rail
equipment is prohibited from blocking a crossing for more than 10
minutes, unless the train, locomotive, or other equipment is directly
delayed by--
``(1) a casualty or serious injury;
``(2) an accident;
``(3) a track obstruction;
``(4) an act of God; or
``(5) a derailment or a major equipment failure that
prevents the train from advancing.
``(b) Civil Penalty.--The Secretary of Transportation may issue
civil penalties for violations of subsection (a) in accordance with
section 21301.
``(c) Delegation.--The Secretary may delegate enforcement actions
under subsection (b) to States either through a State inspector
certified by the Federal Railroad Administration, or other law
enforcement officials as designated by the States and approved by the
Administration. The Secretary shall issue guidance or regulations not
later than 1 year after the date of enactment on the criteria and
process for States to gain approval under this section.
``(d) Application to Amtrak and Commuter Railroads.--This section
shall not apply to Amtrak or commuter authorities, including Amtrak and
commuter authorities' operations run or dispatched by a Class I
railroad.
``(e) Definitions.--In this section:
``(1) Crossing.--The term `crossing' means a location
within a State in which a public highway, road, or street,
including associated sidewalks and pathways, crosses 1 or more
railroad tracks either at grade or grade-separated.
``(2) Blocked crossing.--The term `blocked crossing' means
a circumstance in which a train, locomotive, railroad car, or
other rail equipment is stopped or is standing in a manner that
obstructs public travel at a crossing.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is further amended by adding at
the end the following new item:
``20173. Time limit for blocking a rail crossing.''.
SEC. 9554. NATIONAL STRATEGY TO ADDRESS BLOCKED CROSSINGS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on the
website of the Department of Transportation, a report containing a
national strategy to address blocked crossings.
(b) Public Law 116-94.--The strategy required under subsection (a)
shall incorporate the recommendations and briefing described in the
report accompanying the Department of Transportation Appropriations
Act, 2020 (Public Law 116-94) with respect to the amounts provided
under the heading ``Federal Railroad Administration--Safety and
Operations''.
(c) Report Contents.--The strategy required under subsection (a)
shall include an analysis of the following topics, including any
specific legislative or regulatory recommendations:
(1) How best to engage the public, representatives of labor
organizations representing railroad employees, law enforcement
officers, highway traffic officials, or other employees of a
public agency acting in an official capacity to identify and
address blocked crossings.
(2) How technology and positive train control system data
can be used to identify and address instances of blocked
crossings.
(3) How to identify and address instances of blocked
crossings at crossings with passive or no warning devices.
(4) How best to use the data collected under a webpage
established by the Secretary for the public and law enforcement
to report instances of blocked crossings, including whether
such data should be verified by each rail carrier or
incorporated into the national crossing inventory established
under section 20160 of title 49, United States Code.
(d) Updating Strategy.--The Secretary shall evaluate the strategy
developed under this section not less than every 5 years, and update it
as needed.
(e) Definitions.--In this section:
(1) Blocked crossing.--The term ``blocked crossing'' means
a circumstance in which a train, locomotive, railroad car, or
other rail equipment is stopped or is standing in a manner that
obstructs public travel at a crossing.
(2) Positive train control system.--The term ``positive
train control system'' has the meaning given the term in
section 20157(i) of title 49, United States Code.
SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING MATTERS.
Section 20152 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C) by striking ``or''
at the end;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting the following after
subparagraph (C):
``(D) blocked crossings; or'';
(B) in paragraph (4)--
(i) by striking ``paragraph (1)(C) or (D)''
and inserting ``subparagraph (C), (D), or (E)
of paragraph (1)''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (5) by striking the period at the
end and inserting ``; and'' ; and
(D) by adding at the end the following:
``(6) promptly inform the Secretary if the number required
to be established under subsection (a) has changed and report
the new number to the Secretary.''; and
(2) by adding at the end the following:
``(c) Publication of Telephone Numbers.--The Secretary shall make
any telephone number established under subsection (a) publicly
available on the website of the Department of Transportation.''.
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