[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3684 Engrossed in House (EH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3684
_______________________________________________________________________
AN ACT
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.
This Act may be cited as the ``Investing in a New Vision for the
Environment and Surface Transportation in America Act'' or the ``INVEST
in America Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2022
Sec. 101. Definitions.
Sec. 102. Extension of Federal Surface Transportation programs.
Sec. 103. Additional amounts for the Federal-aid highway program and
member designated projects.
Sec. 104. Federal Transit Administration.
Sec. 105. National highway traffic safety administration.
Sec. 106. Federal motor carrier safety administration.
Sec. 107. Member designated project authorizations.
Sec. 108. Report on progress of DBE program.
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. Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical
exclusions.
Sec. 1115. Surface transportation project delivery program written
agreements.
Sec. 1116. Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.
Sec. 1118. Accommodation of certain facilities in right-of-way.
Sec. 1119. Federal grants for pedestrian and bike safety improvements.
Sec. 1120. Increased Federal share.
Subtitle B--Programmatic Infrastructure Investment
Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
Sec. 1217. Noise barriers.
Sec. 1218. Safe streets for all.
Sec. 1219. Youth service and conservation corps.
Sec. 1220. National scenic byways program.
Sec. 1221. Funding for border infrastructure.
Subtitle C--Project-Level Investments
Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Clean corridors program.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural bridges program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active connected transportation grant program.
Sec. 1310. Wildlife crossings program.
Sec. 1311. Reconnecting neighborhoods program.
Sec. 1312. Apprenticeship utilization.
Sec. 1313. GAO Study.
Sec. 1314. Sense of Congress.
Sec. 1315. Pollinator-friendly practices on roadsides and highway
rights-of-way.
Subtitle D--Planning, Performance Management, and Asset Management
Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.
Subtitle E--Federal Lands, Tribes, and Territories
Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.
Sec. 1511. Federal lands access program.
Subtitle F--Additional Provisions
Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Dig Once for broadband infrastructure deployment.
Sec. 1604. Stormwater best management practices.
Sec. 1605. Pedestrian facilities in the public right-of-way.
Sec. 1606. Highway formula modernization report.
Sec. 1607. Consolidation of programs.
Sec. 1608. Student outreach report to Congress.
Sec. 1609. Task force on developing a 21st century surface
transportation workforce.
Sec. 1610. On-the-job training and supportive services.
Sec. 1611. Appalachian development highway system funding flexibility.
Sec. 1612. Transportation education development program.
Sec. 1613. Working group on construction resources.
Sec. 1614. Numbering system of highway interchanges.
Sec. 1615. Toll credits.
Sec. 1616. Transportation construction materials procurement.
Sec. 1617. Nationwide road safety assessment.
Sec. 1618. Climate resilient transportation infrastructure study.
Sec. 1619. Natural gas, electric battery, and zero emission vehicles.
Sec. 1620. Guidance on evacuation routes.
Sec. 1621. High priority corridors on National Highway System.
Sec. 1622. Guidance on inundated and submerged roads.
Sec. 1623. Dry bulk weight tolerance.
Sec. 1624. Highway use tax evasion projects.
Sec. 1625. Labor standards.
Sec. 1626. Climate resiliency report by GAO.
Sec. 1627. Designation of John R. Lewis Voting Rights Highway.
Sec. 1628. GAO study on capital needs of public ferries.
Sec. 1629. Use of modeling and simulation technology.
Sec. 1630. GAO study on per-mile user fee equity.
Sec. 1631. GAO review of equity considerations at State DOTs.
Sec. 1632. Study on effectiveness of suicide prevention nets and
barriers for structures other than bridges.
Sec. 1633. Transportation planning activities.
Sec. 1634. Better Utilizing Infrastructure for Lasting Development of
Veterans Businesses.
Sec. 1635. Vehicle weight limitations.
Sec. 1636. Roadway worker protection working group.
Sec. 1637. GAO study on nature-based solutions for coastal highway
resilience.
Sec. 1638. Repeal of pilot program.
Sec. 1639. Technical corrections.
Sec. 1640. Credit adjustments for paycheck protection program loan
forgiveness under highway and public
transportation project cost reimbursement
contracts.
Sec. 1641. Establishment of western riverside county national wildlife
refuge.
Sec. 1642. Effect of weather extremes on sustainability and reliability
of roadways.
Sec. 1643. GAO report regarding Highway Trust Fund expenditures.
Sec. 1644. Rural opportunities to use transportation for economic
success initiative.
Sec. 1645. GAO study on vulnerabilities to certain threats.
Sec. 1646. Extension of NHA authorizations.
Sec. 1647. Electric vehicle working group.
Sec. 1648. Sense of the Congress on soil and erosion control for
highway projects.
Sec. 1649. Local project delivery improvements.
Sec. 1650. Utilization of qualified electricians.
Sec. 1651. GAO study on the impact of drunk driving child endangerment
laws.
Sec. 1652. Regional infrastructure accelerator deomonstration program.
Sec. 1653. Climate-Safe Infrastructure Working Group.
Sec. 1654. Updates to manual on uniform traffic control devices.
Sec. 1655. DBE Report.
Sec. 1656. Study on impact of air pollution from vehicles idling in
school zones.
Sec. 1657. Forest Service Legacy Roads and Trails Remediation Program.
Sec. 1658. Comptroller General report on high-speed internet
connectivity in Federally-assisted housing.
Sec. 1659. Historic Preservation Fund.
Sec. 1660. HOV facility review.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal years 2022 and 2023 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. Certification requirements.
Sec. 2112. Hold harmless.
Sec. 2113. Study on accessibility of public transportation.
Sec. 2114. Formula funds for rural areas.
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.
Sec. 2206. New municipal transit services to better connect
communities.
Subtitle C--Buy America and Other Procurement Reforms
Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Spare ratio waiver.
Subtitle D--Bus Grant Reforms
Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
Sec. 2405. Workforce development training grants.
Subtitle E--Supporting All Riders
Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
Sec. 2504. Equity in transit service planning.
Sec. 2505. GAO study on fare-free transit.
Sec. 2506. Transit to trails grant program.
Subtitle F--Supporting Frontline Workers and Passenger Safety
Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.
Sec. 2607. Resilient public transportation study.
Sec. 2608. Sense of Congress regarding electric vehicle transition
strategy.
Subtitle G--Transit-Supportive Communities
Sec. 2701. Transit-supportive communities.
Sec. 2702. Property disposition for affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants.
Subtitle H--Innovation
Sec. 2801. Mobility innovation sandbox program.
Sec. 2802. Transit bus operator compartment redesign program.
Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit bus development
program.
Sec. 2806. Public transportation innovation.
Sec. 2807. Transit vehicle battery recycling and reuse.
Subtitle I--Other Program Reauthorizations
Sec. 2901. Reauthorization for capital and preventive maintenance
projects for Washington Metropolitan Area
Transit Authority.
Sec. 2902. Other apportionments.
Subtitle J--Streamlining
Sec. 2911. Fixed guideway capital investment grants.
Sec. 2912. Rural and small urban apportionment deadline.
Sec. 2913. Disposition of assets beyond useful life.
Sec. 2914. Innovative coordinated access and mobility.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.
Sec. 2917. Best practices for the application of National Environmental
Policy Act of 1969 to federally funded bus
shelters.
Sec. 2918. Capital investment grant streamlining.
Sec. 2919. Disposition of rolling stock to improve air quality goals.
TITLE III--HIGHWAY TRAFFIC SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Fair and equitable traffic safety enforcement.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. National safety campaigns.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
Sec. 3010. Implicit bias research and training grants.
Sec. 3011. Stop motorcycle checkpoint funding.
Sec. 3012. Electronic driver's license.
Sec. 3013. Motorcyclist Advisory Council.
Sec. 3014. Report on marijuana research.
Sec. 3015. Comptroller General study on national DUI reporting.
Sec. 3016. Report on impaired driving.
Sec. 3017. Impaired driving countermeasure.
Sec. 3018. Drug-impaired driving education grant program.
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grants, Operations, and Programs
Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Sec. 4104. Operation of small commercial vehicles study.
Sec. 4105. Motor carrier safety grants maintenance of effort.
Subtitle B--Motor Carrier Safety Oversight
Sec. 4201. Motor Carrier Safety Advisory Committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of
household goods in interstate commerce.
Sec. 4207. Broker guidance.
Sec. 4208. Review of labor laws.
Subtitle C--Commercial Motor Vehicle Driver Safety
Sec. 4301. Commercial driver's license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
Sec. 4310. Application of commercial motor vehicle safety.
Sec. 4311. Use of data.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial
motor vehicles.
Sec. 4409. Universal electronic identifier.
Sec. 4410. Length limitations.
TITLE V--INNOVATION
Sec. 5001. Authorization of appropriations.
Subtitle A--Research and Development
Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic
plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation
research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat
connectivity improvement.
Sec. 5108. Research activities.
Sec. 5109. Transportation equity research program.
Sec. 5110. Surface transportation research, development, and
technology.
Sec. 5111. Metropolitan planning research pilot program.
Sec. 5112. Integrated project delivery.
Sec. 5113. Accelerated implementation and deployment of advanced
digital construction management systems.
Sec. 5114. Innovative material innovation hubs.
Sec. 5115. Strategic transportation research agenda.
Sec. 5116. Advanced transportation research and innovation program.
Sec. 5117. Interagency innovative materials standards task force.
Sec. 5118. Vehicular data analytics pilot program.
Sec. 5119. Resilient transportation infrastructure Centers of
Excellence.
Subtitle B--Technology Deployment
Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement
technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.
Subtitle C--Emerging Technologies
Sec. 5301. Mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation
clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and
road users.
Sec. 5305. Surface transportation workforce retraining grant program.
Sec. 5306. Third-party data integration pilot program.
Sec. 5307. Third-party data planning integration pilot program.
Sec. 5308. Automated commercial vehicle reporting.
Sec. 5309. Task Force to Promote American Vehicle Competitiveness.
Sec. 5310. Multimodal transportation demonstration program.
Sec. 5311. Heavy freight automated trucking research corridor.
Subtitle D--Surface Transportation Funding Pilot Programs
Sec. 5401. State surface transportation system funding pilot.
Subtitle E--Miscellaneous
Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Transportation workforce outreach program.
Sec. 5504. Advisory council on transportation statistics.
Sec. 5505. GAO review of discretionary grant programs.
TITLE VI--MULTIMODAL TRANSPORTATION
Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance
Bureau.
Sec. 6008. Transportation equity advisory committee.
Sec. 6009. Sense of Congress.
TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT
Sec. 7001. Transportation Infrastructure Finance and Innovation Act.
Sec. 7002. Transportation infrastructure finance and innovation act of
1998 temporary loan relief due to COVID-19.
Sec. 7003. Federal requirements for TIFIA eligibility and project
selection.
DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 8001. Short title.
TITLE I--AUTHORIZATIONS
Sec. 8101. Authorization of appropriations.
TITLE J--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
Sec. 8201. Repeal of certain requirements related to lithium cells and
batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
Sec. 8204. Lithium battery approval.
Sec. 8205. Transportation of carbon dioxide.
Sec. 8206. Seismicity.
DIVISION D--RAIL
Sec. 9001. Short title.
TITLE I--AUTHORIZATIONS
Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion
grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement
grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Bridges, stations, and tunnels (BeST) grant program.
Sec. 9106. Buy America.
TITLE II--AMTRAK REFORMS
Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Access to recreational trails.
Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant
program.
Sec. 9218. Amtrak and private cars.
Sec. 9219. Amtrak Office of Community Outreach.
Sec. 9220. Long-distance customer enhancement program.
Sec. 9221. Amtrak carbon-free and renewable energy initiatives.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. Interstate rail compacts.
Sec. 9305. High-speed rail updates.
Sec. 9306. State rail planning formula funds.
Sec. 9307. North Atlantic Rail Interstate Compact.
TITLE IV--COMMUTER RAIL POLICY
Sec. 9401. Sense of Congress regarding commuter rail liability
insurance.
Sec. 9402. Surface Transportation Board mediation of trackage use
requests.
Sec. 9403. Surface Transportation Board mediation of rights-of-way use
requests.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
Sec. 9501. Study on safety impact of long trains.
Sec. 9502. FRA safety reporting.
Sec. 9503. Waiver notice requirements.
Sec. 9504. Notice of FRA comprehensive safety compliance assessments.
Sec. 9505. FRA accident and incident investigations.
Sec. 9506. Freight train crew size safety standards.
Sec. 9507. Border crossings.
Sec. 9508. Yardmasters hours of service.
Sec. 9509. Leaking brakes.
Sec. 9510. Report on PTC system failures.
Sec. 9511. Fatigue reduction management plans.
Sec. 9512. Assault prevention and response plans.
Sec. 9513. Critical incident stress plans.
Sec. 9514. Crewmember certification and qualification.
Sec. 9515. Safety management team communication.
Sec. 9516. GAO study on reorganization of Office of Railroad Safety.
Sec. 9517. Open-top rail car public input.
Sec. 9518. New passenger service pre-revenue safety validation plan.
Sec. 9519. Safety oversight of nontraditional and emerging rail
technologies.
Sec. 9520. FRA safety inspector and specialist review.
Subtitle B--Grade Crossing Safety
Sec. 9551. Highway-rail grade crossing separation grants.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public
highway-rail grade crossings.
Sec. 9554. National blocked crossing database.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Railroad trespassing enforcement grants.
Sec. 9558. Railroad trespassing suicide prevention grants.
Sec. 9559. Including railroad suicides.
Sec. 9560. Report on safety measures required for Quiet Zones.
TITLE VI--MISCELLANEOUS
Sec. 9601. Rail network climate change vulnerability assessment.
Sec. 9602. Advance acquisition.
Sec. 9603. University Rail Climate Innovation Institute.
Sec. 9604. Workforce diversity and development.
Sec. 9605. Requirements for railroad freight cars entering service in
United States.
Sec. 9606. Rail research and development Center of Excellence.
Sec. 9607. Freight railroad locomotive requirements.
Sec. 9608. Extension.
Sec. 9609. GAO study on cost allocation of rail passenger
transportation liability.
Sec. 9608. GAO study on economic benefits of one-seat ride commuter
rail.
DIVISION E--SPORT FISH RESTORATION, RECREATIONAL BOATING SAFETY, AND
WILDLIFE RESTORATION
Sec. 9701. Short title.
Sec. 9702. Division of annual appropriations.
Sec. 9703. Recreational boating access.
Sec. 9704. Wildlife Restoration Fund administration.
Sec. 9705. Sport Fish Restoration and Boating Trust Fund.
Sec. 9706. Sport Fishing and Boating Partnership Council.
Sec. 9707. National culvert removal, replacement, and restoration grant
program.
DIVISION F--AUTO SAFETY
Sec. 10101. Safety warning for occupants of hot cars.
Sec. 10102. Rulemaking to install automatic shutoff systems and
rollaway prevention technology in motor
vehicles.
Sec. 10103. 21st Century Smart Cars.
Sec. 10104. Updating the 5-star safety rating system.
Sec. 10105. Advanced drunk driving prevention technology.
Sec. 10106. Limousine compliance with Federal safety standards.
Sec. 10107. Study to evaluate the performance of crash avoidance
systems.
Sec. 10108. Study and report on motor vehicle lamps.
Sec. 10109. Motor vehicle seat back safety standards.
Sec. 10110. Sense of House of Representatives on regulatory framework
for autonomous vehicles.
Sec. 10111. Motor vehicle pedestrian and cyclist protection.
Sec. 10112. Child restraint systems.
DIVISION G--HIGHWAY TRUST FUND
Sec. 11001. Extension of Highway Trust Fund expenditure authority.
Sec. 11002. Additional transfers to Highway Trust Fund.
DIVISION H--WATER QUALITY PROTECTION AND JOB CREATION ACT OF 2021
Sec. 12001. Short title; table of contents.
Sec. 12002. Wastewater infrastructure workforce investment.
Sec. 12003. Technical assistance to rural, small, and Tribal
municipalities.
Sec. 12004. State management assistance.
Sec. 12005. Watershed, wet weather, and resiliency projects.
Sec. 12006. Waiver of matching requirement for grants to District of
Columbia.
Sec. 12007. Pilot program for alternative water source projects.
Sec. 12008. Sewer overflow and stormwater reuse municipal grants.
Sec. 12009. Grants for the treatment of emerging contaminants.
Sec. 12010. Household wastewater grant program.
Sec. 12011. Smart wastewater infrastructure technology grant program.
Sec. 12012. Reports to Congress.
Sec. 12013. Indian Tribes.
Sec. 12014. Capitalization grants.
Sec. 12015. Water pollution control revolving loan funds.
Sec. 12016. Allotment of funds.
Sec. 12017. Reservation of funds for territories of the United States.
Sec. 12018. Authorization of appropriations.
Sec. 12019. Technical assistance by Municipal Ombudsman.
Sec. 12020. Report on wastewater infrastructure funding for rural,
economically disadvantaged, and Tribal
communities.
Sec. 12021. Water Reuse Interagency Working Group.
Sec. 12022. Disclosure of introductions of PFAS.
Sec. 12023. Clean Water Act effluent limitations guidelines and
standards and water quality criteria for
PFAS.
Sec. 12024. Nonpoint source management programs.
Sec. 12025. Wastewater assistance to colonias.
Sec. 12026. Household well water testing website.
Sec. 12027. Study and report on effect of toilet wipes marketed as
flushable.
Sec. 12028. Effluent limitations for wastewater, spills, and runoff
from facilities associated with the
transport and packaging of pre-production
plastic materials.
Sec. 12029. Centers of Excellence for stormwater control infrastructure
technologies.
Sec. 12030. Management of International Transboundary Water Pollution.
Sec. 12031. California new river restoration.
Sec. 12032. Rulemaking on climate resiliency.
DIVISION I--ASSISTANCE, QUALITY, AND AFFORDABILITY ACT OF 2021
Sec. 13001. Short title; table of contents.
TITLE I--INFRASTRUCTURE
Sec. 13101. Drinking water system resilience funding.
Sec. 13102. Grants for State programs.
Sec. 13103. American iron and steel products.
Sec. 13104. Assistance for disadvantaged communities.
Sec. 13105. Allotments for territories.
Sec. 13106. Drinking water SRF funding.
Sec. 13107. Lead service line replacement.
Sec. 13108. Drinking water assistance to colonias.
Sec. 13109. PFAS treatment grants.
Sec. 13110. Voluntary school and child care program lead testing grant
program.
Sec. 13111. Grant program for installation of filtration stations at
schools and child care programs.
Sec. 13112. Drinking water fountain replacement for schools.
Sec. 13113. Indian reservation drinking water program.
Sec. 13114. Assistance for areas affected by natural disasters.
Sec. 13115. Water main break data clearinghouse.
TITLE II--SAFETY
Sec. 13201. Enabling EPA to set standards for new drinking water
contaminants.
Sec. 13202. National primary drinking water regulations for PFAS.
Sec. 13203. National primary drinking water regulations for microcystin
toxin.
Sec. 13204. National primary drinking water regulations for 1,4-
dioxane.
Sec. 13205. National primary drinking water regulation for chromium-6.
Sec. 13206. Elimination of small system variances.
TITLE III--AFFORDABILITY
Sec. 13301. Emergency relief program.
Sec. 13302. Low-income drinking water assistance program.
Sec. 13303. Low-income wastewater assistance program.
Sec. 13304. Needs assessment for nationwide rural and urban low-income
community water assistance program.
Sec. 13305. Natural hazard education and response grant program.
TITLE IV--OTHER MATTERS
Sec. 13401. Small urban and rural water system consolidation report.
Sec. 13402. Study on contamination of Coldwater Creek, Missouri.
Sec. 13403. Report on affordability, discrimination and civil rights
violations, and data collection.
Sec. 13404. Water infrastructure and workforce investment.
Sec. 13405. Identification of high-risk locations.
DIVISION J--OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM
Sec. 14101. Outdoors for all.
DIVISION K--WILDLIFE CORRIDORS CONSERVATION ACT OF 2021
Sec. 15001. Short title; table of contents.
Sec. 15002. Definitions.
TITLE I--NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND AND WATER
Sec. 15101. National wildlife corridors.
Sec. 15102. Administrative designation of national wildlife corridors.
Sec. 15103. Management of national wildlife corridors.
TITLE II--WILDLIFE CORRIDORS CONSERVATION
Sec. 15201. Collaboration and coordination.
Sec. 15202. Effect.
Sec. 15203. Tribal wildlife corridors.
Sec. 15204. Protection of indian tribes.
Sec. 15205. Wildlife movements grant program.
Sec. 15206. National coordination committee.
Sec. 15207. Regional wildlife movement councils.
Sec. 15208. National wildlife corridors database.
TITLE III--FUNDING
Sec. 15301. Authorization of appropriations.
DIVISION L--COMMUNITY RESILIENCE AND RESTORATION FUND
Sec. 16101. Definitions.
Sec. 16102. Establishment of Fund.
Sec. 16103. Management of the Fund.
Sec. 16104. Competitive grants.
Sec. 16105. Use of Amounts in the Fund.
Sec. 16106. Reports.
Sec. 16107. Authorization of Appropriations.
DIVISION M--CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR
Sec. 17101. Clean Energy and Sustainability Accelerator.
DIVISION N--DOMESTIC MARITIME WORKFORCE TRAINING
Sec. 18101. Centers of excellence for domestic maritime workforce
training and education.
DIVISION O--EFFICIENT AND EFFECTIVE NEPA IMPLEMENTATION
Sec. 19101. Efficient and effective NEPA implementation.
DIVISION P--ELECTRIC VEHICLES
TITLE I--ZERO EMISSIONS VEHICLE INFRASTRUCTURE BUILDOUT
Subtitle A--Electric Vehicle Infrastructure
Sec. 20101. Definitions.
Sec. 20102. Electric vehicle supply equipment rebate program.
Sec. 20103. Model building code for electric vehicle supply equipment.
Sec. 20104. Electric vehicle supply equipment coordination.
Sec. 20105. State consideration of electric vehicle charging.
Sec. 20106. State energy plans.
Sec. 20107. Transportation electrification.
Sec. 20108. Federal fleets.
Subtitle B--Electric Vehicles for Underserved Communities
Sec. 20111. Expanding access to electric vehicles in underserved and
disadvantaged communities.
Sec. 20112. Electric vehicle charging equity program.
Sec. 20113. Ensuring program benefits for underserved and disadvantaged
communities.
Sec. 20114. Definitions.
TITLE II--PROMOTING DOMESTIC ADVANCED VEHICLE MANUFACTURING
Sec. 20201. Domestic Manufacturing Conversion Grant Program.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2022
SEC. 101. DEFINITIONS.
In this division, the following definitions apply:
(1) Highway account.--The term ``Highway Account'' means
the portion of the Highway Trust Fund that is not the Mass
Transit Account.
(2) Mass transit account.--The term ``Mass Transit
Account'' means the portion of the Highway Trust Fund
established under section 9503(e)(1) of the Internal Revenue
Code of 1986.
(3) Member designated project.--The term ``member
designated project'' means a project listed in the table in
section 107.
(4) Member designated project funds.--The term ``member
designated project funds'' means funds reserved under
subsections (d)(1)(B)(i), (f)(1)(A), and (g)(1)(A) to carry out
member designated projects listed in the table in section
107(c).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) State.--The term ``State'' means the 50 States and the
District of Columbia.
(7) Territory.--The term ``territory'' means any of the
following territories of the United States:
(A) American Samoa.
(B) The Commonwealth of the Northern Mariana
Islands.
(C) Guam.
(D) The United States Virgin Islands.
SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.
(a) Extension of Federal Surface Transportation Programs.--
(1) In general.--Unless otherwise provided in this
division, the requirements, authorities, conditions,
eligibilities, limitations, and other provisions authorized
under the covered laws, which would otherwise expire on or
cease to apply after September 30, 2021, are incorporated by
reference and shall continue in effect through September 30,
2022.
(2) Authorization of appropriations.--
(A) Highway trust fund.--
(i) Highway account.--
(I) In general.--Except as provided
in subclause (II), there is authorized
to be appropriated from the Highway
Account for fiscal year 2022, for each
program under the covered laws with
respect to which amounts are authorized
to be appropriated from such account
for fiscal year 2021, an amount equal
to the amount authorized for
appropriation with respect to the
program from such account for fiscal
year 2021.
(II) Administrative expenses.--
Notwithstanding any other provision of
this division, there is authorized to
be appropriated from the Highway
Account for fiscal year 2022--
(aa) $516,000,000 for
administrative expenses of the
Federal Highway Administration,
as described in section 104(a)
of title 23, United States
Code; and
(bb) $30,086,000 for grant
administrative expenses of the
National Highway Traffic Safety
Administration, as described in
section 4001(a)(6) of the FAST
Act (Public Law 114-94).
(ii) Mass transit account.--
(I) In general.--There is
authorized to be appropriated from the
Mass Transit Account for fiscal year
2022, for each program under the
covered laws with respect to which
amounts are authorized to be
appropriated from such account for
fiscal year 2021, an amount equal to
the amount authorized for appropriation
with respect to the program from such
account for fiscal year 2021.
(II) Condition for apportionment.--
No funds authorized in this division or
any other Act may be used to adjust
Mass Transit Account apportionments or
withhold funds from Mass Transit
Account apportionments pursuant to
section 9503(e)(4) of the Internal
Revenue Code of 1986 in fiscal year
2022.
(B) General fund.--
(i) In general.--Except as provided in
clauses (ii) and (iii), there is authorized to
be appropriated for fiscal year 2022, for each
program under covered laws with respect to
which amounts are authorized to be appropriated
for fiscal year 2021 from an account other than
the Highway Account or the Mass Transit
Account, an amount not less than the amount
authorized for appropriation with respect to
the program under the covered laws for fiscal
year 2021.
(ii) Administrative expenses.--
Notwithstanding any other provision of this
division, there is authorized to be
appropriated from the general fund of the
Treasury for fiscal year 2022 $131,500,000 for
necessary administrative expenses of the
Federal Transit Administration.
(iii) Capital investment grants.--
Notwithstanding any other provision of this
division, there is authorized to be
appropriated from the general fund of the
Treasury for fiscal year 2022 $3,250,000,000 to
carry out section 5309 of title 49, United
States Code.
(3) Use of funds.--Except as otherwise provided in this
division, amounts authorized to be appropriated for fiscal year
2022 with respect to a program under paragraph (2) shall be
distributed, administered, limited, and made available for
obligation in the same manner as amounts authorized to be
appropriated with respect to the program for fiscal year 2021
under the covered laws.
(4) Obligation limitation.--
(A) In general.--Except as provided in subparagraph
(B), a program for which amounts are authorized to be
appropriated under paragraph (2)(A) shall be subject to
a limitation on obligations for fiscal year 2022 in the
same amount and in the same manner as the limitation
applicable with respect to the program for fiscal year
2021 under the title I of the Transportation, Housing
and Urban Development, and Related Agencies
Appropriations Act, 2021 (Public Law 116-260).
(B) Federal-aid highway and highway safety
construction programs.--
(i) In general.--Notwithstanding any other
provision of this section, section 1102 of the
FAST Act (Public Law 114-94), section 1101 of
title I of division B of the Continuing
Appropriations Act, 2021 and Other Extensions
Act (Public Law 116-159), or title I of the
Transportation, Housing and Urban Development,
and Related Agencies Appropriations Act, 2021
(Public Law 116-260), for fiscal year 2022, the
obligations for Federal-aid highway and highway
safety construction programs shall not exceed
$46,400,294,311.
(ii) Limitation on federal highway
administration administrative expenses.--
Notwithstanding any other provision of this
section, of the amount described in clause (i),
for fiscal year 2022 an amount not to exceed
$492,000,000 together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for
necessary expenses for administration and
operation of the Federal Highway Administration
or transferred to the Appalachian Regional
Commission for administrative activities
associated with the Appalachian Development
Highway System.
(b) Nationally Significant Freight and Highway Projects.--Section
117(d)(2)(A) of title 23, United States Code, is amended in the matter
preceding clause (i)--
(1) by striking ``$600,000,000'' and inserting
``$700,000,000''; and
(2) by striking ``2021'' and inserting ``2022''.
(c) Disadvantaged Business Enterprises.--Section 1101(b) of the
FAST Act (Public Law 114-94) (except for the requirements related to
gross receipts under paragraph (2)(A)(ii) of such section) shall apply
to amounts made available under sections 102, 103, 104 of this
division.
(d) Definitions.--In this section, the term ``covered laws'' means
the following:
(1) Section 1101 of title I of division B of the Continuing
Appropriations Act, 2021 and Other Extensions Act (Public Law
116-159).
(2) Titles I, III, IV, V, and VI of division A of the FAST
Act (Public Law 114-94).
(3) Division A, division B, subtitle A of title I and title
II of division C, and division E of MAP-21 (Public Law 112-
141).
(4) Titles I, II, and III of the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244).
(5) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public
Law 109-59).
(6) Titles I, II, III, IV, and V of the Transportation
Equity Act for the 21st Century (Public Law 105-178).
(7) Titles II, III, and IV of the National Highway System
Designation Act of 1995 (Public Law 104-59).
(8) Title I, part A of title II, title III, title IV, title
V, and title VI of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240).
(9) Title 23, United States Code.
(10) Sections 116, 117, 330, and 5505 and chapters 53, 139,
303, 311, 313, 701, and 702 of title 49, United States Code.
SEC. 103. ADDITIONAL AMOUNTS FOR THE FEDERAL-AID HIGHWAY PROGRAM AND
MEMBER DESIGNATED PROJECTS.
(a) Authorization of Appropriations.--
(1) In general.--In addition to amounts authorized under
section 102, there is authorized to be appropriated from the
Highway Account for fiscal year 2022, for activities under this
section, $14,742,808,640.
(2) Contract authority.--Amounts authorized to be
appropriated under paragraph (1) shall be available for
obligation as if apportioned under chapter 1 of title 23,
United States Code.
(b) Obligation Authority.--
(1) In general.--
(A) Amount.--Notwithstanding any other provision of
law, for fiscal year 2022, obligations for activities
authorized under subsection (a) shall not exceed
$14,742,808,640.
(B) Period of availability.--
(i) In general.--Except as provided in
clause (ii), obligation authority made
available under this paragraph shall--
(I) remain available until
September 30, 2025; and
(II) be in addition to the amount
of any limitation imposed on
obligations for Federal-aid highway and
highway safety construction programs
for fiscal year 2022 under section 102
or future fiscal years under any other
provision of law.
(ii) Exception.--Except as provided in
subsection (i)(2)(E), obligation authority
associated with a member designated project
shall remain available until expended.
(2) Distribution of obligation authority.--
(A) In general.--Of the obligation authority
provided under paragraph (1), the Secretary shall make
available to States, Tribes, Puerto Rico, the
territories, and Federal land management agencies,
during the period of fiscal year 2022, amounts of
obligation authority equal to the amounts described in
paragraphs (1) through (5) of subsection (c),
respectively.
(B) Further distribution.--Each State, each Tribe,
Puerto Rico, each territory, and each Federal land
management agency receiving funds under paragraphs (1)
through (5) of subsection (c), respectively, shall
receive an amount of obligation authority equal to the
funds received under any of such paragraphs.
(c) Distribution of Funds.--Amounts authorized to be appropriated
for fiscal year 2022 under subsection (a) shall be distributed as
follows:
(1) $14,343,545,973 to the States.
(2) $167,481,814 to Tribes.
(3) $52,400,251 to Puerto Rico.
(4) $55,012,918 to the territories.
(5) $124,367,684 to Federal land management agencies.
(d) Supplemental State Funds.--
(1) Distribution.--
(A) Among states.--Amounts distributed to States
under subsection (c)(1) shall be distributed among the
States in the same ratio as total State apportionments
under section 104(c)(1) of title 23, United States
Code, in fiscal year 2022.
(B) Within a state.--Of the amount distributed to a
State under subparagraph (A)--
(i) the amount specified in section 107 for
each member designated project in the State
shall be reserved to carry out such project;
and
(ii) any remaining amount shall be
available to the State under paragraph (2).
(2) Treatment.--Funds made available under paragraph
(1)(B)(ii) shall be--
(A) available for activities eligible under section
133(b) of title 23, United States Code, subject to
subsection (c) of such section; and
(B) administered as if apportioned under chapter 1
of title 23, United States Code.
(e) Tribal Funds.--Amounts distributed to Tribes under subsection
(c)(2) shall be--
(1) available for activities eligible under the tribal
transportation program under section 202 of title 23, United
States Code; and
(2) administered as if allocated under section 202 of title
23, United States Code, except that the set-aside described in
subparagraph (C) of section 202(b)(3) of such title and
subsections (a)(6), (c), (d), and (e) of section 202 of such
title shall not apply to such funds.
(f) Puerto Rico Funds.--
(1) Distribution.--Of the amount distributed to Puerto Rico
under subsection (c)(3)--
(A) the amount specified in section 107 for each
member designated project in Puerto Rico shall be
reserved to carry out such project; and
(B) any remaining amount shall be available to
Puerto Rico under paragraph (2).
(2) Treatment.--Funds made available under paragraph (1)(B)
shall be--
(A) administered as if allocated under section
165(b) of title 23, United States Code;
(B) available for activities described under
paragraph (2)(C)(iii) of such section; and
(C) not subsection to subparagraph (A) or (B) of
paragraph (2) of such section.
(g) Territorial Funds.--
(1) Distribution.--Of the amount distributed to a territory
under subsection (c)(4)--
(A) the amount specified in section 107 for each
member designated project in the territory shall be
reserved to carry out such project;
(B) of amounts remaining after the distribution
under subparagraph (A), not more than $1,392,918 shall
be made available to American Samoa; and
(C) any remaining amount shall be available to the
territories as described under paragraph (2).
(2) Treatment.--Funds made available under subparagraphs
(B) and (C) of paragraph (1) shall be administered as if
allocated under, and available for activities described under,
section 165(c) of title 23, United States Code.
(h) Federal Land Management Agency Funds.--
(1) Distribution.--Amounts distributed under subsection
(c)(5) shall be distributed among the Federal land management
agencies as follows:
(A) $99,494,147 for the National Park Service.
(B) $9,949,415 for the United States Fish and
Wildlife Service.
(C) $6,301,296 for the United States Forest
Service.
(D) $8,622,826 to be allocated to the remaining
Federal land management agencies described in section
203(b) of title 23, United States Code.
(2) Treatment.--Funds made available under paragraph (1)
shall be--
(A) available for activities eligible under the
Federal lands transportation program under section 203
of title 23, United States Code; and
(B) administered as if allocated under section 203
of title 23, United States Code.
(i) Member Designated Projects.--
(1) Treatment.--
(A) In general.--Member designated project funds
shall be available until expended, except as specified
in paragraph (2)(C)(iv).
(B) Requirements.--
(i) In general.--Except as specified in
paragraph (2)(C)(iv) or clauses (ii) or (iii),
member designated project funds shall be
administered as if apportioned--
(I) for a project eligible under
chapter 1 of title 23, United States
Code, under such chapter;
(II) for a project eligible under
chapter 2 of title 23, United States
Code, under such chapter; or
(III) for a project eligible under
chapter 53 of title 49, United States
Code, under such chapter.
(ii) Federal share.--Notwithstanding any
other provision of law, the Federal share of
the cost of a project assisted with member
designated project funds shall be determined in
accordance with section 120 of title 23, United
States Code, or, in the case of a transit
capital project, may be determined in
accordance with section 5323(i)(1) of title 49,
United States Code, if applicable.
(iii) Transit projects.--
(I) Transfers.--Member designated
project funds made available for
transit capital and planning projects
may be transferred to, and administered
by, the Secretary in accordance with
section 104(f) of title 23, United
States Code.
(II) Designated recipients.--Member
designated project authorizations
specified in section 107 distributed to
a State for transit capital and
planning projects shall be made
available for obligation to a
designated or direct recipient or
subrecipient under chapter 53 of title
49, United States Code, as specified in
section 107 or, if no such eligible
recipient is identified, to the
designated recipient in the location
specified in such section.
(2) Repurposing of funds.--
(A) In general.--
(i) Request.--Beginning on October 1, 2025,
except as described in clause (ii), if less
than 10 percent of the amount reserved for a
member designated project for a State, Puerto
Rico, or territory has been obligated, the
State, Puerto Rico, or a territory,
respectively, may submit to the Secretary, a
request to use, under subparagraph (B)--
(I) the unobligated amount reserved
for the member designated project; and
(II) the obligation authority that
is associated with such amount.
(ii) Completed projects.--If the project
has been completed and an unobligated amount
remains reserved for a member designated
project, a State, Puerto Rico, or territory may
submit to the Secretary certification that such
project has been completed (and the Secretary
shall verify such completion). Upon
verification, the State, Puerto Rico, or
territory, respectively, may use, under
subparagraph (B)--
(I) the unobligated amount reserved
for the member designated project; and
(II) the obligation authority that
is associated with such amount.
(B) Considerations.--In making the determination
under subparagraph (A)(i), the Secretary shall--
(i) consider whether the member designated
project can be completed with the amount
reserved for the member designated project and
other committed funds;
(ii) determine whether the public entity
serving as the project sponsor listed in the
Committee Report, or any subsequent report
superceding such Committee Report, accompanying
this Act supports the proposed repurposing; and
(iii) ensure that the proposed repurposing
would be used for a project with the same
eligible project type.
(C) Treatment.--Funds for which the Secretary
approves a request or verifies a completed project
under subparagraph (A)--
(i) may be used and shall be treated--
(I) for a request by a State, as if
such amount was made available under
subsection (d)(1)(B)(ii);
(II) for a request by Puerto Rico,
as if such amount was made available
under subsection (f)(1)(B); and
(III) for a request by a territory,
as if such amount was made available
under subsection (g)(1)(C);
(ii) shall be used within the location
described in subparagraph (D)(ii);
(iii) shall be subject to the Federal share
specified in section 120 of title 23, United
States Code, or, in the case of a transit
capital project, may be determined in
accordance with section 5323(i)(1) of title 49,
United States Code, as applicable; and
(iv) notwithstanding paragraph (1)(A)(ii),
shall remain available for obligation for a
period of 3 fiscal years after the last day of
the fiscal year in which the Secretary approves
the request.
(D) Location of projects.--Funds for which the
Secretary approves a request under subparagraph (A)
shall--
(i) for funds specified in section 107 to
be used within a metropolitan planning area (as
such term is defined in section 134(b) of title
23, United States Code), applied to an activity
within or predominantly serving such
metropolitan area;
(ii) for funds specified in section 107 to
be used within a political subdivision of a
State, applied to an activity within or
predominantly serving such political
subdivision;
(iii) for funds specified in section 107 to
be used within Puerto Rico, applied to an
activity within Puerto Rico; and
(iv) for funds specified in section 107 to
be used within a territory, applied to an
activity within such territory.
(E) Obligation authority.--Notwithstanding
subsection (b)(1)(B)(ii), obligation authority that is
repurposed under this paragraph shall remain available
for obligation for a period of 3 fiscal years after the
last day of the fiscal year in which the Secretary
approves the request or verifies the completed project
under subparagraph (A).
SEC. 104. FEDERAL TRANSIT ADMINISTRATION.
(a) All Stations Accessibility Program.--
(1) In general.--The Secretary may make grants under this
subsection to assist eligible entities in financing capital
projects to upgrade accessibility for persons with disabilities
by increasing the number of covered stations that meet
(including exceeding) the new construction standards of title
II of the Americans with Disabilities Act of 1990 (42 U.S.C.
12131 et seq.).
(2) Eligible costs.--A grant awarded under this section
shall be used on a covered system for the purpose described in
paragraph (1) only--
(A) for a project to repair, improve, or relocate
station infrastructure at a covered station;
(B) to develop or modify a plan for pursuing public
transportation accessibility projects; or
(C) to carry out other projects at covered stations
that meet (including exceeding) the new construction
standards of title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).
(3) Eligible facilities.--The Secretary--
(A) may not provide a grant awarded under this
subsection to upgrade a station that is accessible to
and usable by individuals with disabilities, including
individuals who use wheelchairs, consistent with
current new construction standards under title II the
Americans with Disabilities Act of 1990 (42 U.S.C. 1231
et seq.); and
(B) may provide a grant to upgrade a station that
is not accessible and usable as described in paragraph
(1), even if related services, programs, or activities,
when viewed in entirety, are readily accessible and
usable as so described.
(4) Application.--To apply for a grant under this
subsection, an applicant shall provide to the Secretary such
information as the Secretary may require, including, at a
minimum, information on--
(A) the extent to which the proposed project will
increase the accessibility of a covered system;
(B) projected improvements in access to jobs,
community activities, and essential destinations
provided by such project;
(C) the applicant's plans to--
(i) enhance the customer experience and
maximize accessibility of rolling stock and
stations for individuals with disabilities;
(ii) improve the operations of, provide
efficiencies of service to, and enhance the
public transportation system for individuals
with disabilities; and
(iii) address equity of service to all
riders regardless of ability, including for
riders of differing abilities that are low-
income, seniors, or riders from communities of
color; and
(D) coordination between the applicant and
disability advocacy entities.
(5) Federal share.--The Federal share of the net project
cost of a grant provided under this subsection shall be 90
percent. The recipient may provide additional local matching
amounts.
(6) Grant requirements.--Except as otherwise provided under
this subsection, a grant provided under this subsection shall
be subject to the requirements of section 5307 of title 49,
United States Code.
(7) Grant solicitation.--The Secretary may provide funds
authorized under this subsection through 1 or more notices of
funding opportunity.
(8) Authorization of appropriations.--There is authorized
to be appropriated from the Mass Transit Account $1,000,000,000
for fiscal year 2022 to provide grants under this subsection.
(9) Availability of amounts.--Amounts made available under
this subsection--
(A) shall remain available for 4 fiscal years after
the fiscal year for which the amount is made available;
and
(B) that remain unobligated at the end of the
period described in subparagraph (A) shall be made
available to other eligible projects.
(10) Definitions.--In this section:
(A) Covered station.--The term ``covered station''
means a rail fixed guideway public transportation
station for passenger use constructed prior to the date
of enactment of this Act.
(B) Covered system.--The term ``covered system''
means a rail fixed guideway public transportation
system that was in operation before July 26, 1990.
(C) Disability.--The term ``disability'' has the
meaning given such term in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102).
(D) Eligible entity.--The term ``eligible entity''
means a State or local governmental authority that
operates a rail fixed guideway public transportation
system that was in operation before July 26, 1990.
(b) Reducing Transit Deserts.--
(1) In general.--The Secretary may make grants under this
subsection to eligible recipients for eligible projects to
establish new bus service or increase the frequency of bus
service.
(2) Eligible projects.--Eligible projects under this
subsection are projects in eligible areas--
(A) to establish or enhance bus service with
headways equal to or shorter than 20 minutes for at
least 18 hours per day in neighborhoods lacking such
service;
(B) to establish or increase express lane transit
service that connects communities to jobs and essential
destinations, as long as such service will improve
mobility or expand affordable transportation options in
underserved communities; or
(C) to establish or enhance high-quality bus
service to community colleges and Minority Serving
Institutions, including Historically Black Colleges and
Universities.
(3) Eligible costs.--Eligible costs under this section
include--
(A) acquisition of vehicles;
(B) acquisition, installation, and construction of
bus stops, stations, and related infrastructure;
(C) maintenance activities to support the expanded
service;
(D) adding service hours or days to existing
transit service; and
(E) operating expenses for up to 2 years beginning
on the first day of revenue service.
(4) Application.--To apply for a grant under this
subsection, an applicant shall provide to the Secretary such
information as the Secretary may require, including information
on the extent to which the project will--
(A) provide reliable and frequent connections to
jobs, education and workforce training, and essential
destinations;
(B) reduce air pollution and greenhouse gas
emissions; and
(C) support unserved and underserved populations
and communities.
(5) Federal share.--
(A) In general.--The Federal share of the net
project cost of a capital project carried out using a
grant under this subsection shall be 80 percent. The
recipient may provide additional local matching
amounts.
(B) Operating costs.--The Federal share of net
operating costs for a project carried out using a grant
under this subsection shall be not more than 50
percent.
(6) Grant requirements.--
(A) In general.--A grant under this subsection
shall be subject to the requirements of section 5307 of
title 49, United States Code, for eligible recipients,
except operating expenses shall be eligible for funding
under this subsection for 2 years beginning on the
first day of revenue service in urbanized areas with
populations greater than 200,000.
(B) New or enhanced service.--The new or enhanced
service funded under this subsection shall be operated
for a period of at least 5 years.
(7) Grant solicitation.--The Secretary may provide funds
authorized under this subsection through 1 or more notices of
funding opportunity.
(8) Justice40 initiative.--In making competitive grants
under this subsection, the Secretary shall, to the extent
practicable, have a goal that 40 percent of the overall
benefits of the Federal investment flow to disadvantaged
communities, consistent with sections 219 and 223 of Executive
Order 14008 and related regulations, Executive Orders, and
administrative guidance.
(9) Availability of amounts.--Any amounts made available
under this subsection--
(A) shall remain available for 2 fiscal years after
the fiscal year for which the amount is made available;
and
(B) that remain unobligated at the end of the
period described in subparagraph (A) shall be made
available to other eligible projects.
(10) Authorization of appropriations.--There is authorized
to be appropriated out of the Mass Transit Account
$1,000,000,000 for fiscal year 2022 to provide grants under
this subsection.
(11) Definitions.--In this subsection:
(A) Eligible area.--The term ``eligible area''
means a neighborhood or service area, as defined by the
Secretary, within an urbanized area that has a
population of more than 100,000 where fewer than 45,000
annual fixed route bus vehicle revenue miles per square
mile are operated.
(B) Eligible recipient.--The term ``eligible
recipient'' means--
(i) designated recipients that allocate
funds to fixed route bus operators or express
lane transit operators; or
(ii) State or local governmental entities
that operate or propose to operate fixed route
bus service or express lane transit.
(C) Express lane transit.--The term ``express lane
transit'' means an integrated combination of bus rapid
transit and tolled managed lanes that allows for
limited access entry of toll paying vehicles to
restricted lanes, while prioritizing transit's need and
use of available capacity in order to improve transit
performance.
(c) Federal Share Adjustments.--
(1) In general.--In addition to amounts made available
under section 5338(b) of title 49, United States Code, and
section 102(a)(2)(B)(iii) of this division, there are
authorized to be appropriated for fiscal year 2022 such sums as
may be necessary to increase the Federal share, at the request
of the project sponsor, of a new fixed guideway, a core
capacity improvement, or a small starts project that is not
open to revenue service and that has received an allocation of
funding in fiscal years 2019, 2020, or 2021.
(2) Criteria.--In making allocations under subparagraph
(1), the Secretary shall take into consideration the extent to
which the project sponsor demonstrates a need for a higher
Federal share, including the extent to which--
(A) a project sponsor made a local financial
commitment that exceeded 20 percent of the cost of the
project; and
(B) a project sponsor has experienced, as a result
of the coronavirus public health emergency.
(3) Adjustment.--Notwithstanding any other provision of
law, if a project meets 1 or both of the criteria in paragraph
(2), the Secretary shall increase the Federal share of a
project under this section by up to 30 percent, up to a maximum
of an 80 percent Federal share.
(4) Amount.--Amounts distributed under this subsection
shall be provided notwithstanding the limitation of any
calculation of the maximum amount of Federal financial
assistance for the project for a new fixed guideway, a core
capacity improvement, or a small start project.
SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2022.--
(1) In general.--
(A) Authorization of appropriations.--In addition
to amounts authorized under section 102, there is
authorized to be appropriated from the Highway Account
for fiscal year 2022, for activities under this
subsection, $244,514,000.
(B) Contract authority.--Amounts authorized under
subparagraph (A) shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code.
(C) Obligation limitation.--Notwithstanding any
other provision of law, for fiscal year 2022,
obligations for activities authorized under this
paragraph and obligations for activities authorized
under section 102(a)(2)(A)(i)(II)(bb) that exceed
amounts authorized under section 4001(a)(6) of the FAST
Act (Public Law 114-94) shall not exceed $247,783,000.
(2) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2022 under paragraph (1) shall be
distributed as follows:
(A) $105,000,000 for carrying out section 402 of
title 23, United States Code.
(B) $15,312,000 for carrying out section 403 of
title 23, United States Code.
(C) $19,202,000 for carrying out section 404 of
title 23, United States Code.
(D) $105,000,000 for carrying out section 405 of
title 23, United States Code.
(b) Cooperative Research and Evaluation.--Notwithstanding the
apportionment formula set forth in section 402(c)(2) of title 23,
United States Code, and section 403(f)(1) of title 23, United States
Code, $2,500,000 of the total amount available for apportionment to the
States for highway safety programs under section 402(c)(2) of title 23,
United States Code, fiscal year 2022, shall be available for
expenditure by the Secretary, acting through the Administrator of the
National Highway Traffic Safety Administration, for a cooperative
research and evaluation program to research and evaluate priority
highway safety countermeasures.
SEC. 106. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2022.--
(1) Authorization of appropriations.--
(A) In general.--In addition to amounts authorized
under section 102, there is authorized to be
appropriated from the Highway Account for fiscal year
2022, for activities under this subsection,
$209,900,000.
(B) Obligation limitation.--Notwithstanding any
other provision of law, for fiscal year 2022,
obligations for activities authorized under this
paragraph shall not exceed $209,900,000.
(2) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2022 under paragraph (1) shall be
distributed as follows:
(A) Subject to section 31104(c) of title 49, United
States Code--
(i) $80,512,000 for carrying out section
31102 (except subsection (l)) of title 49,
United States Code);
(ii) $14,208,000 for carrying out section
31102(l) of title 49, United States Code; and
(iii) $23,680,000 for carrying out section
31313 of title 49, United States Code.
(B) $91,500,000 for carrying out section 31110 of
title 49, United States Code.
(3) Treatment of funds.--Amounts made available under this
section shall be made available for obligation and administered
as if made available under chapter 311 of title 49, United
States Code.
(b) Administrative Expenses.--The Administrator of the Federal
Motor Carrier Safety Administration shall ensure that funds made
available under subsection (a)(2)(B) are used, to the maximum extent
practicable, to support--
(1) the acceleration of planned investments to modernize
the Administration's information technology and information
management systems;
(2) the completion of outstanding statutory mandates
required by MAP-21 (112-141) and the FAST Act (114-94); and
(3) a Large Truck Crash Causal Factors Study of the
Administration.
SEC. 107. MEMBER DESIGNATED PROJECT AUTHORIZATIONS.
(a) Member Designated Projects.--The amount listed for each member
designated project in the table in subsection (c) shall be available
(from amounts made available by paragraphs (1), (3), and (4) of section
103(c)) for fiscal year 2022 to carry out each such project.
(b) Savings Clause.--
(1) Additional information.--In administering member
designated projects, the Secretary shall consider the
additional information provided in the Committee Report, or any
subsequent report superceding such Committee Report,
accompanying this Act.
(2) Subsequent phases.--
(A) In general.--Subject to subparagraph (B),
nothing in the table in subsection (c), or in the
Committee Report, or any subsequent report superceding
such Committee Report, accompanying this Act, shall
prevent the Secretary, at the discretion of the
Secretary, from allowing a subsequent phase of a member
designated project to be carried out with funds
reserved for such project under subsection (c).
(B) Project sponsor concurrence.--The Secretary
shall only allow under this paragraph a subsequent
phase of a member designated project to be carried out
with funds reserved for such project under subsection
(c) with the concurrence of the project sponsor for
such project listed in the Committee Report, or any
subsequent report superseding such Committee Report,
accompanying this Act.
(3) Repurposing.--Nothing in the table in subsection (c),
or the Committee Report, or any subsequent report superceding
such Committee Report, accompanying this Act, shall prevent
funds reserved for a member designated project from being
repurposed as described in section 103(i)(2), provided that all
requirements in such section are satisfied.
(c) Project Designations.--The table in this subsection is as
follows:
----------------------------------------------------------------------------------------------------------------
No. Project Name City State/Territory Amount
----------------------------------------------------------------------------------------------------------------
1 Cowles Street Reconstruction Fairbanks AK 7,955,000
2 Replace Bridge 114.3 Anchorage AK 6,421,200
3 Seldon Road Extension, Phase Wasilla AK 5,623,800
2
4 Alabama State Highway 77 Southside AL 2,396,200
Northbound Bridge
Replacement Project
5 Lighting and Landscaping on I- Auburn AL 1,840,000
85 at Exit 57
6 Realignment of SR-22 to US- Roanoke AL 8,005,000
431
7 Red Bay Interchange Lighting Red Bay AL 860,000
at SR-24 (Corr V) and SR-19
8 Widening of Hwy 411 Moody AL 509,000
9 Bridge Replacement on CR-39 Montgomery AL 2,339,717
10 Bridge Replacement over Greene and Pickens AL 3,296,963
Sipsey River Counties
11 Dallas County--Bridge Dallas County AL 6,239,939
Replacement on SR-14
12 Resurfacing on US-43 Marengo County AL 1,616,000
13 Resurfacing on US-84 Choctaw County AL 1,616,000
14 Streetscape--Civil Rights Birmingham AL 2,000,000
District Freedom Trail
15 Streetscape--Richard Birmingham AL 1,969,664
Arrington Blvd Safety
Improvements
16 Future I-57 Clay County AR 20,000,000
17 56th Street Roadway Mobility Phoenix AZ 5,000,000
and Safety Improvements
18 5th/6th Street Complete Tucson AZ 7,000,000
Streets Project
............................. ........................ ........................ 3,500,000
............................. ........................ ........................ 3,500,000
19 77th Street Access Scottsdale AZ 1,102,748
Improvements
20 Chino Road Extension Phase II Douglas AZ 2,910,000
21 Cool Pavement Program Phoenix AZ 3,200,000
22 Davis Road Mileposts 5 & 13 Tombstone and McNeal AZ 4,000,000
23 Downtown Electric Vehicle Phoenix AZ 2,400,000
Charging Stations
24 Drexel Road Extension and Tucson AZ 5,000,000
Bridge Project
25 Electric Bus Infrastructure Flagstaff AZ 1,485,000
26 Flashing Yellow Arrow (FYA) Glendale AZ 800,000
Phase III
27 Grand Canalscape Improvements Phoenix AZ 5,000,000
Phase IV: 47th Avenue to
Interstate 17
28 Highline Canal Recreational Guadalupe AZ 501,824
Path Lighting Replacement
29 I-10, Loop 202 to SR 387 Phoenix AZ 5,000,000
30 Intersection Safety Phoenix AZ 5,760,000
Improvements at Six High-
Crash Locations in Phoenix
31 Kyrene Branch Canal Shared Chandler AZ 1,758,000
Use Path
32 Lone Tree Corridor Flagstaff AZ 8,000,000
33 Pathway Project, Baffert Dr Nogales AZ 1,220,169
to Nogales High School
34 Peters Road Widening Casa Grande AZ 5,000,000
35 San Xavier Road Pedestrian Tucson AZ 814,000
Pathway Project
36 Sonoran Corridor Tier II EIS Tucson AZ 5,000,000
37 South Campbell Avenue Tucson AZ 6,209,831
Complete Streets Project
38 Tempe/Mesa Streetcar Rio Tempe and Mesa AZ 4,000,000
Salado East Extension
39 Tucson Regional North-South Tucson AZ 6,512,000
Bus Rapid Transit (BRT)
Corridor
............................. ........................ ........................ 3,256,000
............................. ........................ ........................ 3,256,000
40 US89/ Lake Powell Blvd Page AZ 5,000,000
Roundabout
............................. ........................ ........................ 2,500,000
............................. ........................ ........................ 2,500,000
41 California State Route 57/60 Diamond Bar CA 18,000,000
Confluence Chokepoint Relief
Program
42 Cohasset Road Widening and Cohasset CA 900,000
Fire Safety Project
43 Commerce Center Drive Bridge, Unincorporated Los CA 3,666,666
Los Angeles County Angeles County
44 Creating the Next-Generation Santa Ana CA 1,280,000
Santa Ana Regional
Transportation Center
45 First Avenue Bridges Barstow CA 7,000,000
Replacement over Mojave
River and Overflows
46 First Street Pedestrian Santa Ana CA 4,000,000
Improvements
47 Fix 5 Cascade Gateway Redding CA 15,000,000
48 Harbor Boulevard Street Garden Grove CA 6,248,303
Improvements
49 Intersection Safety Anaheim CA 750,000
Improvements Projects
50 Interstate 10/Wildwood Canyon Yucaipa CA 1,000,000
Road Interchange Project
51 Interstate 15 (I-15)/State Escondido CA 20,000,000
Route 78 (SR-78) Managed
Lanes Project
52 Interstate 15 Corridor Corona CA 3,000,000
Operations Project
53 National Trail Highway Victorville CA 5,000,000
Widening
54 Plant 42 Access and Safety Palmdale CA 8,666,666
Enhancements
55 Quick Fix Circulation Santa Clarita CA 3,666,666
Improvement Project
56 Roe Road Extension Project-- Paradise CA 1,800,000
Phase 1
57 Scott Road/Bundy Canyon Road Menifee CA 12,000,000
Widening Project
58 Sequoia Avenue Railroad Grade Simi Valley CA 4,000,000
Crossing Upgrade
59 Southgate Interchange (EIR Chico CA 1,800,000
Only)
60 SR-210 5th Street Interchange Highland CA 3,000,000
61 State Route 41 Excelsior Fresno County CA 20,000,000
Corridor Project
62 Temescal Canyon Road Widening Corona CA 5,000,000
Project (El Cerrito Segment)
63 The Anaheim Way: Night Owl Anaheim CA 650,000
Transit Service
64 Transit Security & Operations Anaheim CA 5,000,000
Center
65 US395 Olancha-Cartago 4 Lane Olancha, Cartago CA 2,000,000
Project
66 ``I'' Street Operating San Bernardino CA 2,000,000
Maintenance Facility
Rehabilitation Project
67 Street Resurfacing Project Daly City CA 1,000,000
68 5 and 134 Freeway Electric Burbank CA 1,000,000
Vehicle DC Fast Charging
Network
............................. ........................ ........................ 500,000
............................. ........................ ........................ 500,000
69 7th Street Bridge Modesto CA 6,500,000
70 ADA Curb-Ramp and Sidewalk Long Beach CA 1,450,000
Improvements
71 Additional Mini Highs at San Francisco, CA 856,000
Caltrain Stations Burlingame, San Mateo,
Belmont, Palo Alto,
Mountain View,
Sunnyvale, San Jose,
Morgan Hill, San
Martin, and Gilroy
............................. ........................ ........................ 306,000
............................. ........................ ........................ 550,000
72 Agnew Siding Track Santa Clara CA 6,610,000
Infrastructure Project
73 Alder Avenue Improvements at Rialto CA 2,380,000
SR-210
74 Altadena Community Safe Altadena CA 480,000
Routes to School Plan
75 Amar Road Complete Streets La Puente CA 2,250,000
from Baldwin Park Boulevard
to Unruh Avenue,
Unincorporated West Puente
Valley, CA
76 Anaheim Street Corridor Long Beach CA 12,000,000
Improvements
77 Antioch Bicycle Garden Antioch CA 2,000,000
78 Appian Way Pedestrian El Sobrante CA 2,000,000
Crossing Enhancements
79 Arcade-Cripple Creek Trail Citrus Heights and CA 1,100,000
(formerly Electric Greenway Orangevale
Trail)
80 Arrow Highway Median Island Azusa CA 3,000,000
Installation Project from
Azusa Avenue to Citrus
Avenue
81 Arrow Highway Rehabilitation San Dimas CA 1,600,000
Project from East City Limit
to West City Limit
82 Artesia Great Boulevard Long Beach CA 8,000,000
83 At-grade Caltrain Crossing San Mateo CA 3,000,000
Safety Project--E. Bellevue
Avenue and Villa Terrace
84 Atlantic Avenue Improvements Los Angeles CA 5,200,000
85 Atwater-Merced Expressway Merced CA 2,000,000
(AME) Phase 1B Right of Way
acquisition
86 Azusa Avenue Pedestrian West Covina CA 3,000,000
Handicap Accessibility &
Signal Synchronization
Improvements Project
87 Bay Bridge Forward - I-80/ Emeryville and Oakland CA 3,000,000
Powell Street Transit Access
and I-80 Westbound Bus Lane
Extension
88 Bay Trail at Shoreline Park San Leandro CA 3,000,000
89 Bay Trail Connectivity--Vista Sausalito CA 1,300,000
Point Bay Trail
90 Belmont Alameda de las Pulgas Belmont CA 2,400,000
Corridor Project
91 Beverly and Robertson West Hollywood CA 3,000,000
Boulevards Complete Street
Improvements
92 Boulder Creek Complete Boulder Creek CA 1,500,000
Streets Improvements Project
93 Broadway Rehabilitation Glendale CA 2,008,000
Project
94 Build a non-motorized multi- Cayucos CA 4,000,000
use path along State Route
1, connecting the
communities of Morro Bay and
Cayucos in San Luis Obispo
County
95 Bus/Rail Support Facilities San Diego CA 2,000,000
and Equipment (Trolley Yard
Expansion Project)
96 Cabrillo Mole Phase II Avalon CA 6,700,000
97 Caltrain Crossing San Jose CA 315,000
Optimization Project
98 Camino Pablo Pathway Orinda CA 528,000
Rehabilitation Project
99 Capital SouthEast Connector-- Folsom CA 2,000,000
Segment D3 Class 1 Multi-Use
Path and Broadband
100 Central Avenue Safety Alameda CA 1,800,000
Improvement Project -
Additional Roundabout
101 Central Mobility Hub Pre- San Diego CA 25,000,000
Construction Project
............................. ........................ ........................ 12,500,000
............................. ........................ ........................ 12,500,000
102 Chandler Blvd Bike Path Gap Los Angeles CA 400,000
Closure
103 Chapman Avenue/Lamplighter Garden Grove CA 400,000
Street Traffic Signal
104 Chip Seal Program Lakeport CA 2,288,000
105 City of Ojai Electric Trolley Ojai CA 440,000
106 City of San Fernando Fixed City of San Fernando CA 1,340,000
Trolley Service - Electric
Buses
107 City of San Fernando Sidewalk City of San Fernando CA 844,800
Repair Project
108 City of Vista Sidewalk Vista CA 820,368
Improvement Project on
Nevada Avenue and Lemon
Avenue
109 Community Beautification Glendale CA 2,400,000
Project
110 Cool Neighborhood Projects Los Angeles CA 1,000,000
111 Covina Grade Crossing Safety Covina CA 3,000,000
Projects throughout
Metrolink Corridor
112 Cudahy Citywide Complete Cudahy CA 1,700,000
Streets Improvement Project
113 CUFC--Washington Street Stockton CA 1,200,000
Widening Project
114 Culver CityBus Fleet Culver City CA 3,500,000
Electrification Facility
Infrastructure
115 Del Amo Boulevard Bridge Cerritos CA 18,000,000
Replacement and Signal
Enhancements Project
116 Destination Crenshaw Los Angeles CA 7,600,000
Streetscape Improvement
Project
117 Downtown Mobility Phase 3A San Diego CA 5,600,000
118 Duarte--Donald & Bernice Duarte CA 1,225,000
Watson Multi-Use Pathway
Improvement Project
119 East Bayshore Road Safety East Palo Alto CA 1,000,000
Improvements
120 East Los Angeles Community Los Angeles CA 800,000
Mobility
121 East Oakland Hydrogen Fueling Oakland CA 2,000,000
Upgrade
122 East San Fernando Valley Van Nuys and North CA 1,797,312
Traffic Signals on the High Hollywood
Injury Network
123 East San Fernando Valley Van Nuys, Arleta, CA 1,236,000
Transit Corridor (ESFVTC) Pacoima
Transit-Oriented Community
(TOC) Plan
124 East San Fernando Valley City of San Fernando to CA 10,000,000
Transit Corridor Project Van Nuys
125 East San Jose Corridor Safety San Jose CA 4,700,000
Improvement Project
126 El Camino Real to Via De San Diego CA 2,500,000
LaValle
127 El Cerrito del Norte Area TOD El Cerrito CA 2,244,000
Complete Streets
Improvements Project
128 Electric Vehicle Car Share San Pedro CA 120,650
Program
129 Elm Avenue Road Diet Fresno CA 3,750,000
Reconstruction and Class IV-
Ventura/California to North
Avenue
130 Embarcadero Station Platform San Francisco CA 6,250,000
Elevator Capacity and
Redundancy Project
131 Emerald Necklace Quarry Clasp Arcadia CA 1,548,800
Peck Park Trail
132 Evelyn Avenue Multi-Use Trail Sunnyvale CA 3,800,000
133 Flint Canyon Trail Repair/ La Canada Flintridge CA 4,800,000
Restoration
134 Florence A Line FLM Los Angeles CA 4,000,000
Improvements
135 Francisquito Avenue Metrolink Baldwin Park CA 2,300,000
At-Grade Safety Improvements
136 Gardena GTrans Zero-Emission Gardena CA 4,400,000
Bus Project
137 Garfield Avenue Complete San Pedro CA 1,500,000
Streets
138 Glendora People Movement Glendora CA 5,000,000
139 Gold Line Light Rail Low Folsom and Rancho CA 1,913,788
Floor Station Conversion Cordova
140 Golden Gate Bridge Physical San Francisco CA 6,550,000
Suicide Deterrent System
(SDS) Project
141 Hale Avenue/Santa Teresa Morgan Hill CA 800,000
Expressway Extension Phase
2A
142 Harbor Drive 2.0 San Diego and National CA 800,000
City
............................. ........................ ........................ 400,000
............................. ........................ ........................ 400,000
143 Hawthorne--120th Street Hawthorne CA 950,000
Improvement Project
144 High Voltage Conversion Fed City of Los Angeles CA 347,200
Program Unit 2
145 Highland Avenue and Wabash Redlands CA 400,000
Avenue Intersection
Improvement Project
146 Highway 1 North Bicycle/ Half Moon Bay CA 1,000,000
Pedestrian Improvements
Project
147 Highway 116/West Cotati Cotati CA 2,000,000
Intersection Safety
Improvement Project
148 Highway 24 LaMorinda Smart Orinda and Lafayette CA 2,000,000
Signal System project
149 Highway 9 Safety Improvement Monte Sereno CA 520,000
Project
150 Highways to Boulevards Los Angeles CA 480,000
151 I Street Bridge Replacement Sacramento and West CA 15,000,000
Project Sacramento
152 I-405 Sepulveda Pass (Phase Los Angeles CA 5,000,000
1) ExpressLanes
153 I-505 Vaca Valley Parkway Vacaville CA 4,000,000
Corridor Multimodal
Improvements Project
154 Inglewood Transit Connector Inglewood CA 9,200,000
(ITC)
155 Interstate 15 Northern Jurupa Valley and CA 20,000,000
Extension (I-15 NEXT) Eastvale
156 Jepson Parkway Vanden Road Fairfield CA 7,460,000
Complete Streets Project to
Travis Air Force Base
157 LA Streetcar Power Utility Los Angeles CA 2,000,000
Relocations
158 Lawndale--Redondo Beach Blvd Lawndale CA 1,000,000
Project
159 Leesdale Passing Siding Camarillo CA 6,000,000
Extension and Upgrade,
Ventura County, CA
160 Leucadia Streetscape Phase 2 Encinitas CA 4,000,000
(Shown in the TransNet as
North Coast Highway 101
Beautification)
161 Liberty Canyon (Crossing) Agoura Hills CA 5,000,000
162 Link Union Station Los Angeles CA 5,000,000
163 Los Nietos Sunshine Shuttle Unincorporated Los CA 480,000
Electric Bus Replacement Nietos
164 LOSSAN Corridor Improvements Del Mar CA 12,500,000
165 Malaga Bridge Project Fontana CA 15,000,000
166 Market Avenue Complete Street N. Richmond CA 2,170,000
167 Melrose Avenue Complete West Hollywood CA 4,944,149
Street Improvements
168 Metro Purple Line Beverly/ City Beverly Hills CA 5,000,000
Wilshire North Portal
Project
169 Middle Avenue Pedestrian/ Menlo Park CA 6,500,000
Bicycle Rail Crossing
Project
170 Mission Bl/ Pine St Safety Fremont CA 2,000,000
Improvement Project
171 Mobility for All Project N. Richmond and Bay CA 2,000,000
Point
172 Mobility Wallet Demonstration Los Angeles County CA 4,000,000
and Research Study
173 Monroe Street Interchange Indio CA 20,000,000
Project
174 Napa Valley Vine Trail-- St. Helena CA 3,000,000
Yountville to St. Helena
175 New Traffic Signal at Los Angeles CA 710,000
Morrison and Sepulveda
176 New Traffic Signal at Plummer Los Angeles CA 710,400
and White Oak Avenue
177 New Traffic Signal at Scott Fremont CA 950,000
Creek Rd/ Zinfandel St
178 New Transit Maintenance Commerce CA 2,000,000
Facility
179 North San Jose Bike Plan San Jose CA 3,838,348
Implementation
180 Oakland 7th St Bike/Ped Oakland CA 2,500,000
Improvements
181 Oakland Alameda Access Oakland and Alameda CA 2,996,000
Project
182 Ojai Avenue Pedestrian Ojai CA 440,000
Crossing Safety Lighting
Improvements
183 Old I Street Bridge Deck West Sacramento CA 4,150,000
Conversion for Active
Transportation Project
184 Old Town Streetscape Phase 2 Elk Grove CA 2,000,000
185 Olive/Magnolia Bridge Safety Burbank CA 2,000,000
Barrier Rail Project
186 Otay Mesa Truck Route Phase 4 San Diego CA 1,300,000
187 Overlook and Viewpoint Smith River CA 500,000
Improvements to end of Mouth
of Smith River Road
188 Pacific Coast Highway at City of Torrance CA 652,800
Crenshaw Boulevard
Intersection Capacity
Enhancements
189 Parkway Drive and Merced El Monte CA 2,600,000
Street Bicycle and
Pedestrian Improvements
190 Pedestrian, ADA, Traffic Temple City CA 6,200,000
Signal and Pavement
Improvements along Bus
Routes
191 Pine Avenue Extension Chino CA 5,000,000
192 Port of Hueneme Intermodal Oxnard CA 3,000,000
Improvement Project to
Modernize the Port Wharf and
Pier and Cargo Facilities
193 Port of Oakland Solar, Oakland CA 1,000,000
Battery Storage and Electric
Vehicle Truck Charger
Deployment
194 Puddingstone Drive Bicycle La Verne CA 998,000
and Pedestrian Project
195 Purchase of eleven Battery- San Luis Obispo CA 5,000,000
Electric Buses--SLORTA
196 Quint-Jerrold Connector Road San Francisco CA 7,200,000
197 Rail to Rail/River Active Los Angeles CA 5,000,000
Transportation Corridor
Project
198 Reche Canyon Road Alignment Colton CA 4,452,000
199 Replacement of 2nd Street San Bernardino CA 2,000,000
Bridge over Warm Creek
200 Resilient State Route 37 Sonoma CA 7,000,000
Corridor Enhancement Program
201 Richmond Parkway Transit Richmond CA 1,000,000
Center and Freeway Access
Improvements
202 San Fernando Road Bike Path Sun Valley and North CA 594,027
Phase III Hollywoood
203 San Francisco Bay Area Rapid Oakland, San Leandro, CA 3,000,000
Transit (BART) Station Berkeley
Restroom and Lighting
Enhancements
204 San Francisco Bay Area Alameda, Contra Costa, CA 5,000,000
regional advance mitigation and Santa Clara
program counties
205 San Pablo Avenue Pinole CA 742,000
Rehabilitation, City Limits
to Pinole Shores
206 San Rafael Channel Crossing San Rafael CA 2,000,000
Swing Bridge
207 Santa Cruz METRO Bus Santa Cruz CA 1,840,000
Replacements
208 Santa Cruz Paratransit Vans Santa Cruz CA 505,750
Replacement Project
209 Saratoga Pedestrian Walkway Saratoga CA 1,200,000
Project
210 Scotts Creek Coastal Unincorporated Santa CA 3,500,000
Resiliency Project Cruz County north of
Davenport
211 Sepulveda Transit Corridor City of Los Angeles CA 10,000,000
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 5,000,000
212 Serramonte Boulevard and Colma CA 400,000
Serramonte Center Driveway
Traffic Signal
213 Sharp Park Priority Pacifica CA 960,000
Development Area (PDA)
Access Resurfacing Project
214 Slauson Avenue Congestion Huntington Park CA 1,000,000
215 SMART Russian River Rail Healdsburg CA 13,606,840
Bridge Rehabilitation
216 Solar Energy Project (Phase Stockton CA 5,300,000
2)
217 SR 86 Improvement Project Imperial CA 3,000,000
218 SR128/I-505 Overcrossing (Br. Winters CA 8,540,000
22-0110)/Russell Blvd
Bicycle and Pedestrian
Improvements
219 State Route 11/Otay Mesa East San Diego CA 12,500,000
Port of Entry
220 State Route 132 West Project Modesto CA 12,000,000
221 State Route 25 Expressway Hollister CA 10,000,000
Conversion and State Route
25/156 Interchange Project
222 State Route 37 and Vallejo CA 4,000,000
Fairgrounds Drive
Interchange Improvements
223 State Route 99 Madera South-- Madera CA 10,000,000
Operational Improvement
Project
224 Stockton Rail Maintenance Stockton CA 6,715,000
Facility Expansion
225 Sustainable Mobility Redlands CA 1,756,630
Expansion Project
226 Tarzana Crossing Great Tarzana--Los Angeles CA 500,000
Streets Project
227 The Highway 101 Multimodal Santa Barbara CA 11,000,000
Corridor Project from Santa
Barbara to Montecito with
improvements on Highway 101
(SB-101-PM 9.1/12.3) and
Adjacent Local Streets
including the Cabrillo
Boulevard Bicycle and
Pedestrian Improvement
Project
228 Thornton Avenue Pavement Newark CA 2,000,000
Rehabilitation
229 Torrance to Florence Bus Torrance CA 4,432,924
Service
230 Track Rehabilitation of the City of Rancho CA 2,000,000
San Bernardino Line Cucamonga, California
spanning to the City of
Montclair, California
including the cities of
Rancho Cucamonga,
Upland, and Montclair
231 Traffic Signal System Danville, Walnut Creek, CA 6,000,000
Upgrades on I-680 Project Concord, Pleasant Hill
232 Tri MyRide Fleet Expansion Antioch CA 1,760,000
Project
............................. ........................ ........................ 880,000
............................. ........................ ........................ 880,000
233 TRI-CONNECT, SoCal Freight Los Angeles CA 3,357,895
Initiative
234 U.S. 101 and Del Norte Oxnard CA 3,000,000
Boulevard Interchange
235 Union Street Protected Bike Pasadena CA 1,600,000
Lanes
236 US 101 / Woodside Interchange Redwood City CA 2,500,000
Improvement
237 US 101 Safety Improvements-- Salinas and Chualar CA 2,000,000
South of Salinas (Monterey County)
238 US 101/SR 25 Interchange Gilroy CA 5,000,000
Phase 2--Santa Teresa
Boulevard Extension
239 US-101 Managed Lane Project San Mateo CA 10,000,000
North of I-380
240 Valley Link--Implementation Livermore CA 20,000,000
of Sustainability Blueprint
241 Vasco Road Safety Byron CA 3,905,000
Improvements Phase II
242 Vermont Transit Corridor Los Angeles CA 10,000,000
Improvements
............................. ........................ ........................ 3,900,000
............................. ........................ ........................ 6,100,000
243 Walnut Park Bus Stop Walnut Park CA 1,200,000
Improvements
244 Walnut Park Pedestrian Plan Walnut Park CA 1,200,000
Implementation
245 Warm Springs Grade Crossing San Jose CA 7,703,100
Improvements
246 West Berkeley Bicycle and Berkeley CA 704,000
Pedestrian Improvements
247 West San Jose Priority San Jose CA 3,285,680
Bikeways Implementation
Project
248 West Santa Ana Branch Transit Los Angeles CA 5,000,000
Corridor
249 West Valley Connector Bus San Bernardino CA 5,000,000
Rapid Transit--Phase 1, and
Zero-Emission Bus Initiative
250 White Rock Road--0.5 Miles Rancho Cordova CA 12,307,000
East of Rancho Cordova
Parkway to the Easterly City
Limits
251 Widen Central Ave to add new Camarillo CA 4,000,000
Class II Bike Lanes near
U.S. 101 to the northwest
city limits
252 Wilmington Waterfront-Avalon Wilmington CA 1,000,000
Pedestrian Bridge
253 Woodman Ave. Pedestrian Panorama City CA 3,256,591
Improvement Project
254 Ygnacio Valley Road Project Walnut Creek CA 1,000,000
255 Yosemite Area Regional Merced CA 2,250,000
Transportation System
256 Zero Emission Bus Oxnard CA 1,675,000
Replacements, Charging
Infrastructure and Zero
Emissions Job Training
257 Zero Emission Buses and Wilmington CA 5,000,000
Charging Infrastructure
258 Zero Emissions Bus Purchase-- Pasadena CA 2,100,000
Pasadena, CA
259 16th St Mall Reconstruction Denver CO 6,530,000
Program
260 Aurora Bicycle and Pedestrian Aurora CO 800,000
Master Plan Update
261 Big Barnes Ditch Trail Loveland CO 500,000
Improvements
262 Cameron Peak Post-Fire Larimer County CO 2,000,000
Emergency Funding
263 Central Corridor Rail Denver CO 7,930,000
Replacement
264 CO 9 Widening from Iron Summit County CO 1,000,000
Springs to Frisco
265 Easter/Havana Intersection Centennial CO 6,000,000
Improvements
266 Eisenhower Johnson Memorial Dillon CO 4,000,000
Tunnel (EJMT) Repairs and
Upgrades
267 Expansion of Gun Club Road Aurora CO 1,500,000
268 Federal Parkway Multimodal Westminster CO 4,107,114
Transportation Improvements
269 Frisco Transit Center Frisco CO 6,650,000
270 I-25 Valley Highway: Phases 3 Denver CO 5,530,000
and 4 ROW Acquisition
271 I-25/Belleview Avenue Greenwood Village CO 10,000,000
Interchange Improvements
272 I-70 and 32nd Ave. Bridge Wheat Ridge CO 2,000,000
Replacement
273 SH-72 (Indiana St) Widening Arvada CO 1,095,872
at UPRR
274 State Highway 119 and State Boulder County CO 5,000,000
Highway 52 Multimodal
Intersection Improvements
275 US 36 and Community Drive Estes Park CO 850,000
Roundabout
276 Wadsworth Widening: 35th Wheat Ridge CO 10,000,000
Avenue to I-70
277 West Colfax Pedestrian Safety Lakewood CO 1,750,000
and Infrastructure Project
278 Branchville Transit Oriented Ridgefield CT 1,853,120
Development Pedestrian/
Bicycle Improvement
279 Comstock Brook Bridge (No. Wilton CT 2,400,000
04975) Replacement
280 Coventry Main Street Sidewalk Coventry CT 1,200,000
Project Final Extension
281 CT-195 (Storrs Road) Mansfield CT 2,240,000
Pedestrian Safety
Improvements
282 East Haddam/Haddam Swing East Haddam CT 5,000,000
Bridge Rehabilitation
Project
283 Essex River Road Bridge and Essex CT 2,400,000
Sidewalk Project
284 Five Mile River Bridge (No. Norwalk CT 2,860,000
04152) Replacement
285 Greater Hartford Mobility Hartford and East CT 16,000,000
Study - Planning and Hartford
Preliminary Engineering
286 Greenwich Creek Bridge (No. Greenwich CT 2,530,000
01872) Replacement
287 Harbor Brook Bridge (No. Meriden CT 2,800,000
04185) Replacement Project
288 Intersection Improvements on Danbury CT 3,332,000
Route 39 at Beckerle Street
and East Gate Road
289 Mill River Bridge (No. 04953) Fairfield CT 2,700,000
Replacement
290 New Haven Downtown Crossing New Haven CT 20,000,000
Phase 4 - Temple Street
Crossing
291 New London Pedestrian Bridge New London CT 4,860,000
and Public Access Project
292 Park Avenue Traffic Signals Bridgeport CT 2,686,000
293 Quinebaug River Trail - Plainfield CT 2,179,953
Plainfield Section
294 Route 10 Hop Brook Bridge Simsbury CT 2,400,000
(No. 00653) Replacement
Project
295 Route 109 Bridge (No. 05417) Morris CT 1,520,000
Replacement Project
296 Route 202 Intersection Brookfield CT 7,400,000
Improvement Project
297 Route 25 Bridge (No. 06750) Trumbull CT 1,464,000
Rehabilitation
298 Stamford Transportation Stamford CT 3,500,000
Center Improvement
299 20 x 22 Protected Bike Lanes Washington DC 3,000,000
300 Arboretum Bridge and Trail Washington DC 4,000,000
301 Bus Priority Program Washington DC 4,000,000
302 H Street Bridge Washington DC 3,000,000
303 Metropolitan Branch Trail-- Washington DC 3,000,000
Fort Totten to Takoma
304 Pavement Restoration, Washington DC 3,000,000
National Highway Performance
Program
305 US 113/SR 20 Grade Separated Millsboro DE 10,000,000
Intersection
306 West Camden Bypass Camden DE 10,000,000
307 Approach Road at Cecil Air Jacksonville FL 600,000
and Space Port
308 Card Sound Bridge Replacement Key Largo FL 4,200,000
Planning and Design Project
309 City of South Miami South Miami FL 4,330,000
Pedestrian Bridge
310 Commodore Trail Missing Link Miami / Coral Gables FL 999,205
311 Dunedin Causeway Bridge Dunedin FL 8,000,000
Project
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 3,000,000
312 Harborview Road from Port Charlotte FL 20,000,000
Melbourne Street to I-75
313 Marlin Road Roadway Cutler Bay FL 8,800,000
Improvements Project
314 Miami River Greenway--Curtis Miami FL 2,392,000
Park East
315 Midway Road Multimodal/ Port St. Lucie FL 15,000,000
Freight Improvements and
Florida's Turnpike
Connection
316 North Bay Village 79th Street North Bay Village FL 1,000,000
Complete Streets Project
317 Port St. Lucie Boulevard Port St. Lucie FL 5,000,000
South--Segment 2.2
(Alcantarra Boulevard to
Paar Drive)
318 PortMiami Shore Power Pilot Miami FL 2,000,000
Program
319 Reconstruction of State Road Lakeland FL 20,000,000
33/Interstate 4 Interchange
(Exit 38)
320 Ridge Road Extension Phase 2B Unincorporated Pasco FL 15,000,000
County
321 Alleyways Drainage Miami Gardens FL 240,000
Improvement Project
322 Breakers Avenue Streetscape City of Fort Lauderdale FL 5,200,000
Project
323 Cass Street Bridge Tampa FL 5,116,000
Rehabilitation
324 Central Florida Regional Orlando FL 1,032,500
Transportation Electronic
Contactless Payment System
325 City of West Palm Beach Grand West Palm Beach FL 1,200,000
View Heights Street
Pedestrian Safety
Improvements Phase 2
326 Corrine Drive Complete Orlando FL 6,900,000
Streets Project
327 County Line Road Improvement West Park FL 944,000
Project
328 Crystal Lake Drive Project City of Deerfield Beach FL 389,088
329 E.E. Williamson Road Trail Longwood FL 4,346,000
Connect
330 Econlockhatchee Trail Orlando FL 8,193,500
Multimodal Corridor
Improvements
331 Flavor Pict Road from Lyons Delray Beach FL 4,780,000
Road to Hagen Ranch Road
332 Gulf to Bay (SR60) Duke Clearwater FL 6,000,000
Energy Trail Overpass
333 HART Bus Shelter Tampa FL 6,990,100
Revitalization and Expansion
334 Hinson Avenue Widening Haines City FL 1,375,000
Project
335 International Drive and Sand Orlando FL 7,000,000
Lake Road (SR 482)
Pedestrian Bridge
336 InVision Tampa Streetcar Tampa FL 7,700,000
337 Johnson Street Bridge Hollywood FL 2,904,000
Replacement Project
338 JTA's Sustainability and Jacksonville FL 2,315,840
Renewable Energy Transit
Facility (Project ID 425454-
2)
339 Lake Monroe Loop Trail Sanford FL 3,313,181
340 Lowson Boulevard from Dover Delray Beach FL 1,106,296
Road to Federal Highway
341 Loxahatchee Rd. from Arthur City of Parkland FL 5,000,000
Marshall Loxahatchee Refuge
to SR-7/US-441
342 Lyons Road Pedestrian City of Coconut Creek FL 2,700,000
Mobility Lighting and Safety
Project
343 Magnolia Drive Trail - Phase Tallahassee FL 5,000,000
1, 2, & 4 (Project ID:
4098037)
344 Marigold Ave from San Lorenzo Poinciana FL 4,731,586
Rd to Peabody Rd (4
Roundabouts)
345 Neptune Road Widening and Kissimmee FL 5,000,000
Improvement Project
346 NW 183rd to 191st Street and Miami Gardens FL 1,200,000
NW 27th to 42nd Avenue Road
and Sidewalk Project
347 NW 187th Street to NW 199th Miami Gardens FL 960,000
Street, from NW Sunshine
State Parkway East to NW
12th Avenue Area-Road
Resurfacing, Sidewalks, and
Drainage Improvement Project
348 NW 191st to 199th Street and Miami Gardens FL 600,000
NW 2nd to 7th Avenue Roadway
and Sidewalk Project
349 NW 199th to 202nd Street Miami Gardens FL 960,000
between NW 3rd and 15th
Avenue-Road Resurfacing and
Sidewalks Improvement
Project
350 NW/NE 87th Street Corridor Village of El Portal FL 1,320,551
351 Opa-locka Railroad Crossing Opa-Locka FL 2,400,000
Repair
352 Orange Blossom Trail Orlando FL 3,012,472
Sidewalks Phase 2A
353 Palm Beach County Bus Shelter Palm Beach County FL 8,300,000
Infrastructure
............................. ........................ ........................ 300,000
............................. ........................ ........................ 8,000,000
354 Palm Springs, FL, Park Palm Springs FL 854,550
Connector Pathway System
355 Pine Hills Trail Phase 2 from Orlando FL 557,000
Silver Star Road (SR 438) to
Clarcona-Ocoee Road
356 President Barack Obama Orlando FL 8,360,000
Parkway, Phase 2, Orlando,
Florida
357 Rolling Stock Hallandale Beach, FL 9,000,000
Hollywood, Dania Beach,
Fort Lauderdale, Wilton
Manors, Oakland Park,
Pompano Beach,
Deerfield Beach and
Palm Beach County
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 4,000,000
358 SMART Plan Beach Express Miami FL 9,100,000
(BERT) North Capital Bus
Purchase
359 Solar-Powered Zero-Emission St. Petersburg FL 6,000,000
Bus and Facility Charging
Infrastructure
360 South City Transit Capital Tallahassee FL 2,400,000
Project StarMetro
Modernization
361 Southcot Drive Sidewalk Casselberry FL 189,357
362 SR 50 (Colonial) from Orlando FL 917,933
Thornton Ave to Mills Ave
363 SR 63 (US 27) Monroe Street Tallahassee FL 2,400,000
from John Knox Road to
Lakeshore Drive (Project ID
4450531)
364 SR-5/US-1/Federal Hwy from Hollywood FL 1,899,308
Johnson St. to SR-822/
Sheridan St.
365 SR-820/Pines Blvd from W of Pembroke Pines FL 5,000,000
SW 136th Ave to E of NW
118th Ave
366 SR-A1A from Hallandale Beach Hallandale Beach, FL 1,075,350
Boulevard to Dania Beach Hollywood, and Dania
Boulevard Drainage Beach
Improvement Project
367 StarMetro Bus Replacement Tallahassee FL 1,800,000
368 SW 36th Street Complete West Park FL 1,600,000
Street Improvements Project
369 SW 52nd Avenue Complete West Park FL 602,400
Street Improvements Project
370 Treasure Island Causeway Treasure Island FL 4,480,000
Bridge Project
371 University Boulevard at Dean Orlando FL 1,000,000
Road Intersection
Improvement
372 University Drive from NW 40th City of Coral Springs FL 5,000,000
St. to Sawgrass Expressway
373 West Warren Avenue Complete Longwood FL 400,000
Street
374 Atlanta Beltline Atlanta GA 5,000,000
375 Big Creek Greenway Phase 2 Cumming GA 3,000,000
Renovation-Replacement
376 Brennan Road Improvements Columbus GA 7,360,000
377 Buford Highway Pedestrian Doraville GA 1,373,859
Improvements
378 Bus/Paratransit Vehicle Snellville/Northern GA 6,000,000
Acquisition for Local Route Dekalb
70
379 Cascade Multimodal Corridor Atlanta GA 1,000,000
380 Cherokee Area Transportation Canton GA 2,400,000
System Headquarters
381 City of Forest Park Forest Park GA 2,000,000
Pedestrian Bridge
382 City of Sugar Hill's Highway Sugar Hill GA 5,000,000
20 Pedestrian Bridge
383 Clayton Justice Center Jonesboro GA 4,960,000
Transit Hub - Phase II
384 Cobb Parkway at McCollum Kennesaw GA 3,500,000
Parkway Road Realignment
385 Cumberland Core Loop Atlanta GA 1,700,000
386 East West Connector Corridor Smyrna GA 4,500,000
Improvement, Cobb County GA
387 Emory-CDC Intersection Atlanta GA 550,000
Project
388 GDOT Project No. 0013752 Americus GA 1,216,958
389 GDOT Project No. 0015563 Cuthbert GA 2,405,280
390 GDOT Project No. 0015638 Reynolds GA 1,608,000
391 GDOT Project No. 0015651 Arabi GA 568,000
392 GDOT Project No. 0015652 Talbotton GA 984,000
393 Global Gateway Connector College Park GA 3,542,355
394 Gwinnett Place Transit Center/ Gwinnett County GA 5,000,000
Mall of Georgia local bus
service
395 I-20 Diverging Diamond Douglasville GA 5,000,000
Interchange at Chapel Hill
Road
396 Lawrenceville Area Park and Lawrenceville GA 4,800,000
Ride Lot
397 Macon Transit Authority Macon GA 2,600,000
Electric Transit and
Paratransit Vehicle
Purchases
398 MARTA Route 115--Covington Decatur GA 2,000,000
Highway
399 McDaniel Farm Park Connector Gwinnett County GA 2,000,000
multi-use path
400 Metropolitan Parkway Arterial Atlanta GA 3,000,000
Rapid Transit (ART)
401 New Bus Rapid Transit Service Snellville/Stone GA 5,000,000
along US 78 Mountain
402 North Avondale Road Complete Avondale Estates GA 1,975,560
Streets Project
403 Peachtree Creek Greenway Brookhaven GA 3,382,000
404 Project DeRenne Savannah GA 20,000,000
405 Safety Improvements-- Albany GA 368,791
Intersection of N Westover
Blvd at Nottingham Way
406 South Barrett Parkway Kennesaw GA 2,000,000
Reliever
407 South Cobb Drive Corridor Smyrna GA 250,000
408 SR 120 (Abbotts Bridge Road) Johns Creek GA 13,800,000
Operational and Safety
Improvements
409 SR234 and Westover Blvd--Add Albany GA 349,295
Westbound Right Turn and
Southbound Left
410 Stonecrest Transit Hub Stonecrest GA 5,000,000
411 Widen and Realign Albany GA 2,509,319
Intersection of Sands Drive
and Radium Springs
412 Windy Hill Boulevard Smyrna GA 500,000
413 Guam Public Transit Hagatna GU 20,000,000
Modernization--Bus Shelters
414 Bus and Handi Van Acquisition Honolulu HI 7,398,400
Program (Battery Electric
Buses; Electrification of
Route 40)
............................. ........................ ........................ 3,699,200
............................. ........................ ........................ 3,699,200
415 Hanapepe Road Resurfacing Hanapepe HI 3,680,000
416 Hawaii Recreational Trails Multiple Cities HI 4,000,000
Program (Hawaii Integrated
Trail System)
417 Interstate Route H-1 Honolulu HI 6,150,000
Improvements, Eastbound, Ola
Lane Overpass to Vineyard
Boulevard
418 Leeward Bikeway, Philippine Honolulu HI 6,150,000
Sea Road to Waipahu Depot
Street
419 Papalaua Street (RTS 3020, MP Maui HI 1,154,000
0.13-MP0.17) Traffic Signal
Upgrade at Wainee Street
(Route 3015, MP 0.3-MP0.34)
420 Waianuenue Avenue Hilo HI 7,277,499
Rehabilitation
421 Waimea to Kekaha Shared Use Hanapepe HI 2,000,000
Path
422 Wakea Avenue (Route 3920, MP Maui HI 2,186,000
0.70-MP 0.71) and Kamehameha
Avenue (Route 3940, MP 0.91-
MP0.92) Intersection
Improvements
423 HIRTA Regional Transit Waukee IA 2,321,000
Facility
424 In the City of Iowa City, on Iowa City IA 9,943,600
Dodge Street, from
Burlington Street north to
Governor Street.
425 Iowa 136 bridge replacement Clinton County IA 1,144,800
over Elwood Creek 3.1 miles
west of US 61 in Clinton
County
426 Marion County--County Road Marion County IA 2,000,000
G28 corridor
427 Red Rock Prarie Trail (Iowa Prairie City IA 900,000
117 to Co Rd S27)
428 Bus Replacements Across the Des Moinse IA 5,000,000
District
429 Mills Civic Parkway West Des Moines IA 2,000,000
Improvements
430 Red Oak Bridge Replacement Red Oak IA 700,000
431 Southeast Connector Des Moines IA 7,000,000
432 Traffic Incident Management Johnston IA 4,880,000
Center at Camp Dodge--Phase
I
433 1st Street Reconstruction Ammon ID 5,375,700
434 Center Street Railroad Bridge Pocatello ID 4,277,000
Underpass
435 Fort Hall Connect- Upgrade of Fort Hall ID 3,500,000
Ross Fork Road
436 I-15B (US-30) McCammon IC TO McCammon ID 1,716,660
Old US-91
437 State Street Premium Boise and Garden City ID 2,000,000
Corridor, Part 2, Boise
Area, Valley Regional
Transit
438 Alton Avenue Reconstruction Madison IL 624,000
439 Alton Road Reconstruction Carlinville IL 616,000
Phase I & II
440 Brush College Road and Faries Decatur IL 2,000,000
Parkway Grade Separation
441 Calhoun Street Bridge City of Morris IL 1,200,000
Replacement
442 Candy Lane Macomb IL 3,500,000
443 Centennial Park Shared Use Heyworth IL 963,540
Path
444 Cloverleaf and East Madison Madison IL 296,000
Subdivisions Improvements
445 Curtis Road Grade Separation Savoy IL 3,293,700
& Complete Streets Project
446 Dix Irvington Road Safety Centralia IL 600,000
Project
447 Dupo Interchange Dupo IL 1,700,000
448 Edwardsville Road Resurfacing Wood River IL 668,000
Project
449 Frank Scott Parkway East Shiloh IL 12,512,000
Extension
450 Hamilton Road East-West Bloomington IL 7,000,000
Connection Project
............................. ........................ ........................ 3,500,000
............................. ........................ ........................ 3,500,000
451 Hilltop Road Multi-Use Trail Springfield IL 440,000
Extension Project
452 Lincoln Prairie Trail Bridge Taylorville IL 487,161
Replacement Project
453 Madison Avenue from 23rd Granite City IL 759,420
Street to 27th Street
Resurfacing
454 Main Street Reconstruction Roscoe IL 3,880,000
Project
455 Marissa--Main St. Resurfacing Marissa IL 476,000
456 Pioneer Parkway Peoria IL 5,000,000
Reconstruction
457 Prospect Road Revitalization Peoria Heights IL 6,000,000
458 Reas Bridges Replacement Decatur IL 3,500,000
Project over Lake Decatur
459 Reconstruction of Main Street Staunton IL 1,569,456
from Elm Street to Madison
Street
460 Resurfacing of County Highway Williamson County IL 352,000
16 in Williamson County
461 Resurfacing of Main Street, Marion IL 572,000
Bainbridge Trail, and
Penecost Streets
462 Riverside Boulevard Loves Park and Rockford IL 14,920,000
Reconstruction and Widening
(Phase II and III)
463 Royal Lakes Road Royal Lakes IL 23,408
Rehabilitation Project
464 Spotsylvania Street New Athens IL 452,000
Improvements
465 Stanford Avenue Springfield IL 1,279,035
Reconstruction from 11th
Street to Fox Bridge Road
466 Structure Replacement Over Carbondale IL 504,000
Piles Fork Creek
467 US 67 Widening from Delhi Jerseyville IL 1,200,000
Bypass Project to Crystal
Lake Rd.
468 West Main Cross Street Taylorville IL 1,127,700
Improvements from Webster
Street to Shumway Street
469 Western Road--Marshall County Henry IL 2,000,000
470 118 N Clark Pedway Extension Chicago IL 2,700,000
471 143rd St Expansion--West Ave Orland Park IL 9,247,702
to SW Highway
472 143rd St from IL 59 to IL 126 Plainfield IL 6,200,000
............................. ........................ ........................ 3,700,000
............................. ........................ ........................ 2,500,000
473 34th Street Road Berwyn IL 5,022,323
Modernization and Stormwater
Management Improvements
Phase I Design
474 606 Extension - Ashland Ave Chicago IL 1,440,000
to Elston Ave
475 75th Street from Milbrook Naperville IL 648,560
Drive to Greene Road
476 80th Ave from 191st to 183rd Tinley Park IL 1,500,000
St Lane Improvements
477 9th Street Two-Way Conversion Rockford IL 4,050,000
(Whitman Interchange)
478 Algonquin Road (Various Spring Grove IL 2,400,000
Intersections) and Wilmot
Road at Main Street
Intersection Improvements
479 All Stations Accessibility Chicago IL 4,330,000
Program--Blue Line Irving
Park
480 Arterial Resurfacing Chicago IL 9,357,677
481 Berkeley Industrial Chicago IL 424,500
Pedestrian Connector
482 Bike Path along Quentin Road Hawthorn Woods/Lake IL 1,000,000
Zurich
483 Bliss Rd/Fabyan from Fabyan Geneva IL 7,000,000
to Bliss Rd
484 Butler Drive Chicago IL 4,500,000
485 Central Road: Barringon Rd to Hoffman Estates IL 2,000,000
Huntington Blvd
486 City of Berwyn, 16th Street Chicago IL 1,967,468
Rehabilitation Project
487 City of Peoria Adams/ Peoria IL 5,000,000
Jefferson 2-Way Conversion
488 Columbia Bridge Chicago IL 2,000,000
489 CTA--ASAP (Belmont Station) Chicago IL 3,370,000
490 CTA Red Line--Loyola Station Chicago IL 3,600,000
Improvements
491 DeKalb Traffic Signal DeKalb IL 570,000
Upgrades
492 Division Street Resurfacing Oak Park IL 2,000,000
493 Dundee Ave Reconstruction Elgin IL 5,900,000
494 East Branch DuPage River Lombard IL 1,200,000
Trail
495 East New York Street from Aurora IL 1,138,300
North Farnsworth Ave to
Welsh Drive
496 Fullerton Avenue between N Glendale Heights IL 696,500
Schmale Rd and Bloomingdale
Rd
497 Gougar Road from Laraway Road Joliet and New Lenox IL 2,700,000
to Francis Road
498 Greater Downtown Master Plan East Moline IL 4,946,000
Phase 4A
499 Hobson Rd 63rd St from Woodridge IL 490,000
Woodridge Dr to Janes Ave
500 Homan Corridor Improvements Chicago IL 500,000
501 I-294 103rd Street Chicago Ridge IL 5,000,000
Interchange
502 I-294 Crestwood/Robbins Crestwood and Robbins IL 4,800,000
Interchange
503 I-57 Interchange near Mile Unincorporated Will IL 4,500,000
Marker 332 (Between Harlem County
Avenue and Pauling Road)
504 IL 171 (State Street) Lockport IL 1,400,000
Pedestrian Safety
Improvements
505 IL 38/Roosevelt Road at Wheaton IL 4,800,000
Naperville Road
506 IL 50 from S of Brookmont Kankakee IL 5,000,000
Blvd to N of US 45/52 &
Indiana Ave to Fair St in
Kankakee
507 IL-21 Milwaukee Ave Glenview IL 2,000,000
Improvements (Glenview)
508 IL-62 Algonquin Rd at New Rolling Meadows IL 226,935
Wilke Rd Intersection
Improvements
509 Jackson Blvd Resurfacing Chicago IL 800,000
(Desplaines to Harlem Ave)
510 Kedzie and Lake improvements Chicago IL 500,000
511 Lake Cook Road (IL-53 to Mount Prospect and IL 3,000,000
Raupp Blvd) Desplains
512 Lombard Rd Resurfacing and Addison IL 900,000
Improvements
513 Madison Street Resurfacing Bellwood IL 1,107,200
514 Main Street Reconstruction Batavia IL 600,000
from Randall Road to Van
Nortwick Avenue
515 McConnell Road Intersection Freeport IL 2,528,200
and Roadway Improvements
516 Metra Zero Emission Vehicle Chicago Region IL 12,000,000
Pilot
............................. ........................ ........................ 1,000,000
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 6,000,000
517 Midway Bus Terminal Chicago IL 550,000
Electrification Concept
Design
518 N Lake Shore Drive Chicago IL 2,000,000
Improvements
519 North Chicago Pace Route North Chicago IL 508,080
Access
520 Oak Park Avenue--111th St to Worth IL 520,000
107th St
521 Pace Cermak Road Transit Westchester, Oak Brook IL 390,000
Signal Priority and Oakbrook Terrace
522 Pace Pulse Line--Harlem Morton Grove IL 400,000
Avenue Traffic Signal
Improvements
523 Pace Pulse South Halsted Line Chicago, Riverdale, and IL 900,000
Harvey
524 PACE Transit Signal Priority Chicago IL 900,000
525 Park Blvd Resurfacing Streamwood IL 220,783
526 Patriot Path Lake County IL 9,794,640
527 Proposed Midwest Medical Galena IL 2,000,000
Center Entrance and Highway
Improvements
528 Pulaski Corridor Improvements Chicago IL 500,000
529 Pulaski Road: 127th St to Alsip, Crestwood, IL 2,500,000
159th St Midlothian, Markham,
and Robbins
530 Rand US-12 / Kensington / IL- Mount Prospect IL 4,500,000
83 Intersection Improvements
531 Rand/Central/Mt Prospect Road Mount Prospect and IL 371,000
Intersection Improvements Desplains
532 Randall and Hopps Road Elgin IL 5,000,000
Intersection
533 Randall Road from Alexandra Lake in the Hills IL 2,000,000
Blvd to Polaris Dr/Acorn Ln
534 Rehabilitative Resurfacing of Franklin Park IL 588,000
Belmont Avenue--25th Ave to
W of Elm St, Fran
535 Rehabilitative Resurfacing of Elmwood Park, Melrose IL 7,920,000
Ill 64 North Ave--I-294 to Park, Northlake, River
Harlem Ave & N Frontage Rd - Forest, River Grove
7th Ave to 5th Ave
536 Rodenburg Road Corridor Roselle IL 928,000
Improvement Project
537 Schick Road Resurfacing Hanover Park IL 257,045
538 Skokie Valley Trail Path Skokie IL 3,526,800
Improvements
539 Spring Street Resurfacing South Elgin IL 171,264
540 Study of S. Chicago/79th St/ Chicago IL 800,000
Stony Island Intersection
541 Tonne Road Reconstruction-- Elk Grove Village IL 4,300,000
Northern Section
542 Traffic Signal Modernization-- Chicago IL 1,350,000
City of Chicago
543 US Route 20 and Reinking Road Elgin IL 1,200,000
Roundabout
544 US Route 30 at Illinois Route Matteson IL 4,000,000
50
545 Washington Boulevard Maywood IL 1,424,000
Improvements - 21st Avenue
to 9th Avenue
546 Weber Road from 135th Street Romeoville IL 2,100,000
to Airport Road
............................. ........................ ........................ 1,000,000
............................. ........................ ........................ 1,100,000
547 West Branch DuPage River West Chicago IL 500,000
Trail Connection from West
DuPage Woods Forest Preserve
to Blackwell Forest Preserve
548 Western Avenue Grade Blue Island, Posen, and IL 4,500,000
Separations Dixmoor
549 Wolfs Crossing Road from US Oswego IL 4,822,000
34 Chicago Road to Eola Road
- Douglas Road Intersection
............................. ........................ ........................ 3,616,500
............................. ........................ ........................ 1,205,500
550 Woodstock Railyard Relocation Woodstock IL 4,000,000
& Expansion
551 Zero Emission Locomotive Blue Island, Chicago, IL 7,000,000
Commuter Rail Pilot Joliet, Midlothian,
Mokena, New Lenox, Oak
Forest, Robbins, Tinley
Park
............................. ........................ ........................ 2,000,000
............................. ........................ ........................ 5,000,000
552 Zion 27th Street Resurfacing Zion IL 920,320
553 Added Travel Lanes at 45th Unincorporated Lake IN 1,500,000
Avenue County
554 Central Avenue Road Portage IN 2,000,000
Reconstruction
555 IndyGo EV Charging Stations Indianapolis IN 774,000
556 Kennedy Avenue Bridge Highland and Hammond IN 8,100,000
Replacement
557 Monument Circle/Market Street Indianapolis IN 12,864,000
Reconstruction
558 Willowcreek Road Extension Unincorporated Porter IN 7,411,200
County
559 Bridge Replacement on 151st Sedgwick County KS 3,600,000
Street West over the
Ninnescah River (B485)
560 Centennial Bridge Replacement Leavenworth KS 1,000,000
561 K-7 Bourbon County Fort Scott KS 2,000,000
562 K-7 Crawford County Girard KS 2,000,000
563 Reconstruction of 151st St Sedgwick County KS 3,200,000
West between 53rd St North
and Highway K-96 (R356)
564 Reconstruction of the South Sedgwick County KS 880,000
Half Mile of 135th Street
West between 53rd and 61st
Streets North (R348)
565 Route 458 Improvements Lawrence KS 750,000
566 SW Topeka Boulevard (21st to Topeka KS 1,480,000
29th) Street Resurfacing
567 Topeka Metropolitan Bus Topeka KS 3,000,000
Replacement
568 US-169 Neosho County Thayer KS 3,000,000
569 US-400 Cherokee County Cherokee KS 2,000,000
570 US-400 Greenwood County (KDOT Greenwood County KS 5,000,000
Project Number 400-037 KA-
5790-01)
571 US-56 Douglas County Baldwin City KS 3,000,000
572 Wakarusa Drive Reconstruction Lawrence KS 1,000,000
573 Washington Creek Bridge Lawrence KS 400,000
Replacement
574 West Kellogg/US-54/400 Wichita KS 1,800,000
Expansion
575 U.S. 69/167th St. Interchange Overland Park KS 15,000,000
Improvement Project
576 Congestion reduction and Covington KY 2,000,000
traffic improvement project
on KY-17/Scott Boulevard/
Greenup Street
577 Extend KY 3155 from the Leitchfield, Grayson KY 3,200,000
southern Intersection at KY County
259 westerly to KY 54
578 I-65 SB Ramp to Brook St Louisville KY 9,600,000
579 Improve KY 54 from west of Owensboro, Daviess KY 4,600,000
the US 60 Bypass to CR 1021 County
580 Improve KY 461 from US 150 to Mount Vernon, Rockcastle KY 18,200,000
US 25 County
581 Improve US 421 near the Cranks, Harlan County KY 960,000
Virginia State Line
582 Improve westbound lanes of US Lewisport, Hancock KY 3,200,000
60 from KY 1957 to KY 6106 County
583 KY 335 improvements from US Horse Cave, Hart County KY 3,200,000
31W south of KY 218 to I-65
584 KYCT project 6-80101, KY -18 / Boone County KY 5,200,000
Superstreet construction
585 KYTC Project 6-162.40, KY-536 Kenton County KY 12,064,000
from Williamswood Rd. to
Calvery Dr. to KY-17
586 Newtown Pike Extension Lexington KY 20,000,000
Project--Phase III Scott
Street Connector
587 Reconstruction of KY 44 from Mount Washington, Bullit KY 4,800,000
US 31E to KY 1319 County
588 Reimagine 9th Street Louisvile KY 5,000,000
589 Smart Signal Network Louisville KY 2,900,000
590 Traffic Calming Measures for Louisville KY 2,400,000
Shelby Park and Smoketown
Neighborhoods
591 Audubon Ave OVLY:LA 1 to Thibodaux LA 468,510
Terrebonne P/L
592 I-10 (Calcasieu River Bridge / Lake Charles LA 10,000,000
Approach)
593 I-49 Lafayette Connector Lafayette LA 10,000,000
594 LA 3127 St. James Parish LA 10,000,000
595 LA 428, General Meyer Blvd New Orleans LA 8,560,000
596 MRB South GBR: LA 1 to LA 30 Baton Rouge LA 1,600,000
Connector- Environmental
Evaluation
597 MRB South GBR: LA 1 to LA 30 Baton Rouge LA 8,000,000
Connector (Pre-Engineering
Design)
598 Amherst Town Common Amherst MA 1,344,000
Transportation and Mobility
Improvements
599 Barker Road Bridge Project Pittsfield MA 1,000,000
600 Beacon Street Bridle Path Brookline MA 2,000,000
601 Belmont Community Path Belmont MA 3,500,000
602 Blackstone Valley Multi-Use Blackstone MA 8,130,842
Path Phase 1, Segment - 2
603 Blue Line Signal Program Revere, Boston MA 6,000,000
604 Bourne Rail Trail Bourne MA 14,728,680
605 Brockton Area Transit--Buy Brockton MA 2,920,000
Replacement 35' Bus (6)
606 Brockton Area Transit--Buy Brockton MA 3,160,000
Replacement 35' Electric Bus
(5)
607 Brockton Area Transit-- Brockton MA 480,000
Purchase Misc. Electric
Power Equipment
608 Christina Street Rail Bridge Newton MA 1,600,000
609 Columbian Square Intersection Weymouth MA 3,000,000
Improvements
610 Court and Cherry Street Plymouth MA 2,000,000
Intersection Improvement
611 Davis Square Transit Signal Somerville MA 100,000
Priority Project
612 Division Street Bridge Great Barrington MA 2,000,000
Project
613 Double-Tracking on Haverhill Andover and Wilmington MA 5,800,000
Line in Massachusetts
............................. ........................ ........................ 2,900,000
............................. ........................ ........................ 2,900,000
614 Drift Road at Kirby Brooke Westport MA 600,000
Replacement Project
615 Fiske Street and Andover Tewksbury MA 456,000
Street Sidewalk and Street
Improvements
616 Glendale Street Bridge Easthampton MA 1,000,000
Project
617 Intersection Improvements at Southbridge MA 1,000,000
Central Street, Foster St,
Hook St, Hamilton St
618 Intersection improvements at Ashby MA 1,000,000
Greenville Road (Rte 31) and
Turnpike Road
619 Intersection Improvements at Acton MA 1,100,000
Massachusetts Avenue (Route
111) and Main Street (Route
27) (Kelley's Corner)
620 Intersection improvements at Methuen MA 1,000,000
Riverside Drive and Burnham
Road
621 Intersection Improvements at Sterling MA 320,000
Route 140/Route 62
622 Intersection Improvements on Ayer and Littleton MA 1,000,000
Route 2A at Willow Road and
Bruce Street
623 Intersection reconstruction Haverhill MA 1,000,000
on Rte 108 (Newton Road) at
Rte 110 (Kenoza Ave. and
Amesbury Road)
624 James Street Project Chicopee MA 2,000,000
625 Lake Cochituate Path Natick MA 3,078,722
626 Leyden Road Sidewalk Greenfield MA 1,840,000
Construction
627 Lynn Commuter Rail Station Lynn MA 10,000,000
Rehabilitation
628 McGrath Highway Road Diet / Somerville MA 500,000
Protected Bike Lane Project
629 Merrymount Bridge Quincy MA 6,000,000
Reconstruction Project
630 MetroWest Regional Transit Framingham MA 1,600,000
Authority Blandin Back
Entrance (MWRTA BEB Project)
631 New vans for elderly and Haverhill MA 375,000
those with disabilities
632 North Adams Adventure Trail North Adams MA 2,000,000
633 Peabody Canal Riverwalk Peabody MA 6,642,980
Construction
634 Planning and Design for Boston MA 2,500,000
protecting critical
transportation
infrastructure and improving
pedestrian access to the
Northern Avenue Bridge and
along the Fort Point Channel
635 Reconstruction and Related Winthrop MA 5,058,493
Work Along Revere Street
Corridor
636 Reconstruction and related Lowell MA 3,000,000
work on VFW Highway
637 Reconstruction of Foster Littleton MA 2,000,000
Street
638 Regional Bike and Walking North Attleborough MA 1,500,000
Trail (North Attleborough
Branch)
639 Rehab Fitchburg Intermodal Fitchburg MA 400,000
Center
640 Rehabilitation & Box Widening Shrewsbury MA 8,000,000
on Route 20, from Route 9 to
South Street
641 Rehabilitation of Boston Road Westford MA 2,000,000
642 Replace diesel bus with Lowell MA 624,800
hybrid bus
643 Replace fueling station at Lowell MA 775,200
100 Hale Street
644 Riverbank stabilization Haverhill MA 725,000
construction at MVRTA bus
garage and administration
building
645 Roadway rehabilitation on Ashburnham MA 1,000,000
route 101 south (Ashburnham)
646 Route 131 Bridge Project Dudley MA 1,000,000
647 Route 28 / Route 38 Somerville MA 3,000,000
Intersection Safety
Improvements Project
648 Ruggles Station State of Good Roxbury MA 3,000,000
Repair Improvements
649 Stoughton Intersection Stoughton MA 1,840,000
Improvements at Canton St.
(Route 27), School St., and
Summer St.
650 Sturbridge Roundabout Sturbridge MA 1,000,000
Construction
651 Sudbury-Concord Bike Path Concord MA 1,000,000
Construction (Bruce Freeman
Trail)
652 Taunton River Trail Taunton MA 4,800,000
653 Union Station Regreening & Springfield MA 6,000,000
Lighting Project
654 Walnut Street Signalization Foxborough MA 2,000,000
Project
655 Warren Street / Blue Hill Boston MA 12,000,000
Avenue Multi-modal Corridor
Phase I
656 West Rodney French New Bedford MA 2,373,680
Improvement Project
657 West Street/Route 27 Medfield MA 1,440,000
Intersection Reconstruction
658 Baltimore Greenway Trails Baltimore City MD 13,200,000
Network: Critical Corridor
Advancements
............................. ........................ ........................ 4,400,000
............................. ........................ ........................ 4,400,000
............................. ........................ ........................ 4,400,000
659 Bicycle-Pedestrian Priority Montgomery County MD 6,500,000
Area Improvements--Purple
Line (TIP 3642 Pedestrian
Safety Program)
660 Dobbin Road Pathway Columbia MD 3,200,000
661 Dual Locomotives for Commuter Baltimore City MD 2,000,000
Rail Service in the Future
B&P Tunnel
............................. ........................ ........................ 1,000,000
............................. ........................ ........................ 1,000,000
662 East-West Priority Corridor Baltimore MD 15,000,000
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 5,000,000
663 Electric Bus Grants Rockville, Silver Spring MD 4,992,000
............................. ........................ ........................ 1,937,000
............................. ........................ ........................ 1,780,000
............................. ........................ ........................ 1,275,000
664 Fayette Street Bridge Cumberland MD 4,800,000
Replacement
665 Frederick and Pennsylvania City of Frederick and MD 2,560,000
Railroad Trail Walkersville
666 Howard County Flash Extension Columbia MD 3,200,000
667 I-81 Phase 2 Reconstruction Hagerstown MD 4,620,000
668 Interstate 95/Greenbelt METRO/ Greenbelt MD 20,000,000
MARC Station Access and
Redevelopment Project
669 MicroTransit & Demand Owings Mills MD 2,019,012
Response Electric Transit
Vehicles and Infrastructure
670 New Carrollton Metro/MARC/ Landover MD 18,480,000
Amtrak/Purple Line
Multimodal Transit District
Right-of-Way Improvements
671 Northwest Expressway (I-795) Owings Mills MD 800,000
at Dolfield Boulevard
Interchange Redesign
672 Parole Transportation Center Annapolis MD 2,000,000
673 US 1 Safety Projects North Laurel, Savage, MD 3,200,000
Jessup, Elkridge
674 US 15 Frederick Freeway Frederick MD 8,800,000
Reconstruction
675 US 29 Rapid Transit Silver Spring MD 4,000,000
Improvements--Phase 2 Design
676 Veirs Mill /Randolph Bicycle Rockville MD 6,000,000
& Pedestrian Priority
Improvements
677 Woodley Road Extension to MD Aberdeen MD 5,000,000
715
678 Berwick Route 9--Intersection Berwick ME 800,000
Improvements
679 Casco Bay Lines Replacement Portland ME 7,500,000
Ferry
680 Maine State Ferry Vessel Rockland ME 7,500,000
Replacement
681 Milo, Sebec River Bridge Milo ME 8,000,000
Replacements and Village
Improvements
682 New Transit Hub Bangor ME 327,600
683 Sanford SRTS Multi-Use Trail Sanford ME 400,000
684 Sanford US Route 202/State Sanford ME 3,600,000
Route 4A
685 U.S. Route 1 Improvements Van Buren ME 10,700,000
686 10 Mile Signal Modernization Center Line MI 550,068
687 14 Mile Rd Rehabilitation, Beverly Hills MI 1,208,080
Lahser to Evergreen
688 14 Mile Road Roseville MI 3,100,000
689 21 Mile Road Bridge Macomb Township MI 1,616,800
Replacement over the Gloede
Drain
690 Airport Road Rehabilitation Blackman Township, MI 4,930,000
Project Jackson County
691 Beck Road Business Corridor Wixom MI 18,612,000
Railroad Grade Crossing
Safety Project
692 Bridge and Pedestrian Detroit MI 1,838,812
Facility Upgrades on the
Detroit Riverwalk
693 Bristol Road and Van Slyke Flint Township MI 700,000
Road Concrete Pavement
Reconstruction Project
694 Bristol Road: Mill and Burton MI 1,248,000
Resurface
695 Burcham Dr. East Lansing MI 1,017,838
696 Center Road Reconstruction Genesee Township MI 600,000
Project
697 Coolidge Rd (Road East Lansing MI 883,359
Rehabilitation and Bike
Lanes)
698 Division Avenue Project Grand Rapids MI 4,200,000
699 E Michigan Avenue Lansing MI 2,589,121
700 Feher Drive Reconstruction & Montrose MI 680,000
Pedestrian Improvement
Project
701 Fenton Road Bridge over the Flint MI 400,000
Thread Creek
702 Flint Mass Transportation Flint MI 1,062,387
Authority (MTA) Rides to
Wellness Facility Expansion/
Renovation
703 Genesee Street Bridge over Lapeer MI 1,896,750
Farmers Creek
704 Grandville Avenue Project Grand Rapids MI 4,000,000
705 Haist Road over Pigeon River Winsor Township MI 194,000
Preventive Maintenance
706 Hubbard Street Rehabilitation Mount Clemens MI 942,400
707 Inkster Road Bridge Over the Inkster MI 329,600
Lower Rouge River--Capital
Preventative Maintenance
708 Intelligent Transportation Pontiac MI 2,240,000
Systems Capital Investments
in Traffic Signals on M-59
709 Iron Belle Trail Burton MI 1,200,000
710 Joe Louis Greenway Hamtramck City of Hamtramck MI 3,920,000
Drive Shared Use Path
711 Kalamazoo US-131/US-131BR Kalamazoo MI 14,745,600
712 Kelly Road Fraser MI 3,500,000
713 King Road Bridge Replacement China Township MI 2,299,800
over the Belle River
714 Kuhl Road over Shebeon Drain Fairhaven Township MI 1,282,400
Bridge Replacement
715 Lake Shore Drive, Houghton Calumet and Hancock MI 1,040,000
County, Michigan Township
716 M-143W Lansing MI 597,767
717 M-46 and M-19 Reconstruction Elmer Township MI 10,073,042
718 Marlette Road Bridge over Marlette MI 1,406,000
South Branch of the Cass
River
719 Miller Road and Rotunda Drive Dearborn MI 20,000,000
Bridges
720 Mound Road Industrial Macomb County, Warren MI 11,000,000
Corridor Technology and
Innovation Project
............................. ........................ ........................ 1,000,000
............................. ........................ ........................ 10,000,000
721 Mt. Vernon Street Southfield MI 4,400,000
Reconstruction
722 N Cedar St Mason MI 2,543,083
723 N Putnam St Williamston MI 375,000
724 N. Leroy Streetscape and Fenton MI 1,600,000
Resurfacing Project
725 North Beech Daily Road Dearborn Heights MI 1,417,226
Rehabilitation Project
726 Oakland Avenue Road Highland Park MI 1,212,169
Rehabilitation Project
727 Oakville Waltz Road London Township MI 3,728,000
728 Orchard Lake Road from 13 Farmington Hills MI 1,076,085
Mile to 14 Mile
729 Orchard Lake Road from City of Sylvan Lake, MI 2,000,000
Middlebelt to Pontiac City West Bloomfield and
Limits Bloomfield Township in
Oakland County
730 Ottawa Avenue Project Grand Rapids MI 845,000
731 Joe Louis Greenway Phase One Detroit MI 2,000,000
(Conrail 1 / May Creek)
732 Pennsylvania Road Grade On border of City of MI 15,000,000
Separation Romulus and Huron
Township
733 Pierson Road Reconstruction Mt. Morris Township MI 2,400,000
Project
734 Plank Road over US-23 Milan MI 4,335,618
735 Reid Road Downtown Grand Blanc MI 700,000
Streetscape and
Rehabilitation Spur
Community Project
736 Resurfacing of 12 Mile Road Southfield MI 750,000
in Southfield from
Northwester Hwy to Telegraph
Road
737 S Pennsylvania Ave Lansing MI 1,472,000
738 Saginaw Street Road Flint MI 1,600,000
Reconstruction Project
739 Saginaw Transit Authority Saginaw MI 2,388,456
Regional Services (STARS)
Bus Replacement
740 Saginaw Transit Authority Saginaw MI 200,000
Regional Services (STARS)
Potter Street Station Study
741 Silver Lake Road Connector Fenton and Linden MI 868,682
Trail
742 Skanee Road Improvements L'Anse and Arvon MI 7,530,000
(from Jentoft Road to Town Townships
Road)
743 Skanee Road Improvements Arvon Township MI 4,000,000
(from Town Road to Portice
Road)
744 Snyder Rd. East Lansing MI 263,500
745 St. Ignace Road Marquette Township MI 800,000
Reconstruction
746 State Park Drive Charter Township of MI 2,000,000
Reconstruction Bangor and Bay City
747 US-12 over the Coldwater Coldwater MI 645,360
River Reconstruction
748 US-127 and US-223 Resurfacing Addison MI 4,800,000
749 W Grand River Rd Howell MI 296,826
750 W Silver Bell Rd Auburn Hills and Orion MI 4,200,000
Township
751 Waverly Rd Lansing MI 744,762
752 Wealthy Street- Fuller Ave to Grand Rapids MI 7,250,000
East City Limits
753 Wenona Avenue Reconstruction Bay City MI 2,325,000
754 Apple Valley Transit Station Apple Valley MN 800,000
Modernization
755 Bottineau LRT Project Minneapolis to Brooklyn MN 20,000,000
Park
............................. ........................ ........................ 10,000,000
............................. ........................ ........................ 10,000,000
756 Burnsville Bus Garage Burnsville MN 2,400,000
Modernization
757 City of Wabasha Highway 60 Wabasha MN 3,975,000
Realignment
758 E-Line Bus Rapid Transit Minneapolis to Edina MN 5,000,000
(BRT)
............................. ........................ ........................ 2,500,000
............................. ........................ ........................ 2,500,000
759 F-Line Bus Rapid Transit Columbia Heights MN 4,500,000
(BRT)
760 Goodhue County CSAH 2 Bridge Red Wing MN 640,000
Replacement
761 I-35/CSAH 50 Interchange Lakeville MN 700,000
Preliminary Engineering
762 I-94 Expansion St. Paul MN 20,000,000
763 Kellogg-Third Street Bridge St. Paul MN 7,500,000
764 Pedestrian Bridge Over I-94 Minneapolis MN 3,000,000
765 Reconnect Rondo Land Bridge Saint Paul MN 5,200,000
766 Rice Street Revitalization Saint Paul MN 6,864,000
Project
767 University of Minnesota Chaska MN 5,840,000
Arboretum Access and Egress
Improvements
768 US 169/TH 282/ CH 9 Jordan MN 2,300,000
Interchange Project
769 US Highway 8 Reconstruction Chisago City, Wyoming, MN 20,000,000
Forest Lake
770 Veterans Memorial Greenway Eagan MN 5,000,000
771 Adding signing and striping St. Louis MO 708,800
for wrong way counter-
measures at various ramp
locations throughout the St.
Louis District
772 Bridge improvement and Montgomery County MO 720,000
widening over Elkhorn Creek
1.6 miles south of Rte. CC
near Buell
773 Bridge Rehab at Pitman Ave, I- Wentzville MO 3,088,000
70, and I-64 in Wentzville
774 Bridge Rehabilitation and St. Louis MO 2,576,000
Pavement Repairs
775 Chadwick Flyer Central Springfield MO 4,000,000
Greenway Trail
776 Cliffs Drive State Scenic Kansas City MO 2,160,000
Byway Improvements
777 Downtown Odessa Odessa MO 900,000
Infrastructure Improvements
778 Expand I-44 to 6 lanes in the Springfield MO 1,800,000
Springfield area
779 Grand Street Pedestrian Springfield MO 3,000,000
Underpass and Streetscape
Improvements
780 Hydraulic Study for causeway Washington MO 240,000
north of Washington
781 I-44: Bridge rehabilitation Laclede County MO 331,200
over Gasconade overflow.
Project involves bridge
L0753
782 I-70: Bridge improvements Cooper County MO 246,400
over Chouteau Creek. Project
involves bridge A5118 and
A5119
783 Improve bridge conditions at Audrain County MO 548,800
Rt. C in Audrain County
784 Improve pavement condition Randolph County MO 600,800
Rt. BB Randolph County
785 Improve pavement condition Randolph County MO 763,200
Rt. K Randolph County
786 Interstate 35 and 19th Street Kearney MO 5,500,000
Interchange
787 Jazz District Pedestrian Kansas City MO 6,000,000
Plaza at 18th & Vine
788 Kansas City Regional Zero Kansas City MO 10,500,000
Emission Electric Bus
Program
............................. ........................ ........................ 6,000,000
............................. ........................ ........................ 4,500,000
789 Little Blue Trace--Rock Kansas City MO 500,000
Island Trail Connector
790 MM Highway Expansion from I- Republic MO 3,200,000
44 to US 60
791 MO 100: Bridge improvements Osage County MO 917,600
over Cedar Creek Project
involves A1848
792 MO 100: Upgrade pedestrian St. Louis MO 2,500,000
facilities to comply with
ADA Transition Plan and
pavement resurfacing from
Rte. 61 to Big Bend Blvd,
bridge replacement over
Black Creek, signal
replacement
793 MO 127: Bridge rehabilitation Pettis County MO 786,400
over Basin Fork Creek 0.6
mile south of Dove Road and
0.7 mile north of Chaney
Road. Project involves
bridge X0439
794 MO 13: Add turn lanes at the Johnson County MO 425,600
intersection of Rte. E
795 MO 13: Pavement improvements St. Clair County MO 748,800
on the southbound lanes from
SE 1100 Road to NE 201 Road
796 MO 19: I-70 to Hermann add Montgomery County MO 880,000
shoulders
797 MO 23: Add turn lanes at the Johnson County MO 395,200
intersection of Rte. D
798 MO 254: Pavement improvements Hermitage MO 440,000
from Route 64 to Route 54 in
Hermitage.
799 MO 38: Pavement resurfacing Webster County MO 676,800
from Rte. J to west of Rte.
CC.
800 MO 47: Engineering for Troy and Hawk Point MO 925,600
pavement improvements from H
to A.
801 MO 7: Bridge Rehabilitation Benton County MO 96,000
over Truman Lake. Project
involves bridge A3465
802 MO 89: Pavement improvements Rte. 50 to Rte. E in MO 2,833,600
from Rte. 50 to Rte. E Osage County
803 MO94 Bridge over Treloar Warren County MO 640,800
Creek Bridge
804 North Baltimore (Business 63) Kirksville MO 955,294
Improvements
805 OR 70: Bridge replacement Boone County MO 852,800
over Little Cedar Creek.
Project involves bridge
N0974
806 Pavement improvements and add Pulaski County MO 2,656,000
rumblestripes from I-44
outer road to end of state
maintenance, Rte. W from
Rte. 7 to end of state
maintenance, and Rte. O from
Rte. 28 to end of state
maintenance.
807 Payment to St. Robert to add St. Robert MO 547,200
sidewalks and upgrade
signalized intersection at
St. Robert Boulevard in St.
Robert
808 Raum Road Bridge Replacement Lawson MO 3,128,000
809 Riverway Boulevard Riverside MO 3,200,000
Reconstruction
810 RT 18: Pavement improvements Adrian MO 1,586,400
from Rte. Y to I-49 in
Adrian and on Loop 49 from
Passaic to Rte. 52 in
Butler.
811 RT A: Bridge replacement over Moniteau County MO 1,091,200
Enon Creek. Project involves
bridge K0851
812 RT A: Bridge replacement over Cole County MO 545,600
Moreau Creek. Project
involves R0235
813 RT J: Bridge rehabilitation Peculiar MO 555,200
over Young Branch, 0.1 mile
south of 217th Street and
0.4 mile northeast of Branic
Drive in Peculiar. Project
involves bridge A2331
814 RT J: Bridge removal over the Camden County MO 204,800
Niangua River. Project
involves bridge S0391
815 RT K: Pavement improvements Nevada MO 448,000
from I-49 to County Road
1800 near Nevada.
816 RT PP: Pavement improvements Roseland MO 453,600
from Route C in Roseland to
Route 7 in Tightwad
817 RT T: Pavement improvements Morgan County MO 3,020,000
and add rumblestripes from
Rte. 52 to Rte. 135 and from
Rte. 135 to the end of state
maintenance
818 RT. K bridge replacement over Montgomery County MO 965,600
Dry Fork Creek Bridge
819 Study to determine base McKittrick MO 80,000
stability and flood
resiliency near McKitrick
820 Updated study for RR overpass High Hill MO 1,600,000
near High Hill
821 Upgrade pedestrian facilities Windsor MO 140,800
to comply with the ADA
Transition Plan on Rte. 2
from Chisman Street to Rte.
52 in Windsor and on Rte. Y
from Rte. 52 to Wall Street
in Windsor
822 US 160: Pavement improvements Lamar MO 609,600
from I-49 in Lamar Heights
to County Road 30th Lane
east of Lamar.
823 US 50: Reconstruct concrete Rte. EE to Independence MO 2,800,000
pavement from Rte. EE to Road in Franklin County
Independence Rd.
824 US 50: Reconstruct pavement Rte. Y to Rte. C in MO 2,640,000
from Rte. Y to Rte. C Franklin County
825 US 54: Study for updated Louisiana MO 800,000
scope & estimate for shared
4-lane from Mexico to
Louisiana
............................. ........................ ........................ 400,000
............................. ........................ ........................ 400,000
826 US60 and Route 125 Rogersville MO 5,250,000
Interchange
827 US65: Pavement improvements Warsaw MO 1,049,600
from the Osage River in
Warsaw to 0.4 mile south of
Rte. MM.
828 West Florissant Avenue Great Ferguson, Dellwood, and MO 10,000,000
Streets Jennings
829 A/E Design for the Fixed Saipan MP 300,000
Route Bus Stops
830 Construction of Bus Transfer Saipan MP 900,000
Stations at the Northern
Marianas College, Paseo De
Marianas and Kagman
831 Construction of the Saipan MP 3,000,000
Commonwealth Office of
Transit Authority Covered
Bus Parking Facility
832 Design and Construction of Rota MP 520,000
the Rota Transit Maintenance
Facility
833 Design and Construction of Tinian MP 520,000
Tinian Transit Maintenance
Facility
834 Procurement of Four (4) Rota and Tinian MP 480,000
Rolling Stocks for Rota and
Tinian Demand Responsive
Services
835 Route 10 Drainage Rota MP 2,000,000
Improvements and Road
Overlay
836 Route 205 Road and Drainage Tinian MP 2,000,000
Improvements
837 Route 30 (Chalan Pale Arnold) Saipan MP 2,000,000
Safety Improvements
838 Route 302 (Naftan Road) Saipan MP 2,000,000
Improvements
839 Supply and Installation of Saipan MP 4,500,000
187 Bus Stop Shelters
840 Supply of Maintenance Saipan MP 400,000
Equipment & Tools for the
COTA Maintenance Facility
841 Bulldog Way Extended Starkville MS 3,360,000
Improvements
842 Jackson Point Road Bridge Wilkinson County MS 4,000,000
843 Mississippi Band of Choctaw Choctaw MS 2,653,195
Indians Multi-Road Overlay
Project
844 Morgantown Road Safety Natchez MS 2,400,000
Improvements
845 Bozeman Segment One--Reunion Madison MS 4,000,000
Access Network
846 Airport Boulevard Sidewalk Morrisville NC 208,000
847 Atlantic & Yadkin Greenway, Greensboro NC 6,400,000
Phase 2
848 Avent Ferry Road Realignment Holly Springs NC 1,000,000
849 B-5871 Replace Bridge no. 628 Lake Lure NC 8,000,000
Over Lake Lure 5250. Dam and
Broad River
850 Black Creek Greenway Cary NC 4,984,800
851 Bryant Bridge North/Goose Durham NC 2,320,000
Creek West Trail
852 Bus Replacement Funding for Chapel Hill NC 8,000,000
Triangle Transit Systems
853 CATS Battery Electric Bus Charlotte NC 8,000,000
Fleet Transition
854 Downtown Pedestrian Bridge Rocky Mount NC 4,000,000
855 Duke Beltline Trail Durham NC 7,726,000
856 EB-5753 Baldwin Avenue Marion NC 349,600
Sidewalk Project
857 Electric buses and charging Greensboro NC 2,759,000
infrastructure, City of
Greensboro
858 Festival Street Cornelius NC 2,200,000
859 Fuquay-Varina Townwide ITS/ Fuquay-Varina NC 2,560,000
Signal System
860 GoRaleigh/GoWake Coordinated Raleigh NC 9,000,000
ADA Paratransit Facility
861 Greenville Bridge Repair and Greenville NC 2,851,200
Replacement
862 Hanging Dog Bridge Murphy NC 1,676,000
863 High Point Heritage Greenway-- High Point NC 4,000,000
Phase 1
864 Jonathan Creek Safety Project Maggie Valley NC 160,000
865 Military Cutoff Road (US 17)/ Wilmington NC 3,840,000
Eastwood Road (US 74)
Interchange (Drysdale Drive
Extension)
866 N. Fork Coweeta Creek Bridge Otta NC 452,000
Replacement
867 Pender Street Pedestrian Wilson NC 8,400,000
Improvement, Infrastructure
Repair, and Resurfacing
868 RIDE- Rural Microtransit Wilson NC 2,000,000
869 Silas Creek Parkway Sidewalk Winston-Salem NC 4,533,600
870 South Tar River Greenway Greenville NC 1,775,000
871 Streetlighting on High Injury Charlotte NC 8,000,000
Network
872 Transit Bus Stop Improvements Chapel Hill NC 900,000
873 US 19/129 Road Improvements Murphy NC 3,851,000
874 US 74/NC 108 Interchange Columbus NC 1,000,000
875 Heartland Expressway Phase Minatare NE 10,000,000
III
876 Signal System Master Plan Omaha NE 20,000,000
Accelerated Implementation
877 US-275 Norfolk to Wisner Norfolk to Wisner NE 20,000,000
878 Ashuelot-Trail Cheshire Trail Swanzey NH 1,200,000
(42511)
879 Bedford 40664--U.S. 3 Bedford NH 4,980,000
Widening from Hawthorne
Drive North to Manchester
Airport Access Road
880 Claremont Intersection Claremont NH 1,000,000
Improvements (13428)
881 Conway Phase II Pathway Conway NH 1,656,000
882 Derry Rail Trail (Folsom Rd Derry NH 792,000
to Londonderry town line)
883 George Street Bridge (40653) Keene NH 729,191
884 Gorham Sidewalk (Route 2 Gorham NH 898,196
(Lancaster Rd))
885 Heritage Rail Trail East Nashua NH 1,200,000
886 Littleton Sidewalk Project Littleton NH 710,159
(41362)
887 Loudon Intersection Loudon NH 2,347,256
Improvements (40632)
888 Malboro Street Cheshire Rail Keene NH 681,123
Trail (42515)
889 Maplewood Avenue Complete Portsmouth NH 2,804,300
Streets
890 Merrimack River Greenway Concord NH 1,584,800
891 Multi-use Path Connecting Warner NH 920,000
Warner Village to Exit 9
Business Area
892 NH 128 and Sherburne Road and Pelham NH 1,240,000
Mammoth and 111A
893 Pedestrian Bridge Crossing Manchester NH 3,360,000
Granite Street
894 Plymouth Sidewalk Project Plymouth NH 414,000
895 Reconstruct Mechanic St / Lebanon NH 2,400,000
High St / Mascoma St
Intersection (4094)
896 Rt 11 Safety and Capacity Rochester NH 5,664,000
Improvements
897 Spruce Street Connector Nashua NH 1,000,000
898 Trestle Bridge--Mill City Franklin NH 1,200,000
Park Trail
899 Waterville Valley Pedestrian Waterville Valley NH 948,110
Improvements
900 Whitefield Sidewalk Project Whitefield NH 396,704
901 Berkshire Valley Road Truck Kenvil (Roxbury NJ 2,000,000
Circulation Project Township)
902 Bloomfield Avenue Roadway West Caldwell, Caldwell, NJ 10,000,000
Improvements & Traffic North Caldwell, Verona,
Signal Modernization Montclair, Glen Ridge,
Bloomfield, and Newark
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 5,000,000
903 Bloomfield Station Bloomfield NJ 2,000,000
Rehabilitation Project
904 Carteret Ferry Terminal Carteret NJ 5,625,000
Project
905 City of Passaic Pedestrian Passaic NJ 883,432
Greenway Project
906 Construction of Pedestrian Long Valley (Washington NJ 1,000,000
Bridge on Columbia Trail Township)
(Relocation of Openaki
Bridge Truss)
907 Cranford Station Cranford NJ 1,120,000
Rehabilitation Project
908 Dennisville Petersburg Road Dennis Township NJ 1,640,000
(CR 610) Resurfacing
Improvements
909 Dunellen Bikeway and Dunellen NJ 475,723
Pedestrian Safety
Improvements
910 East Orange Train Station East Orange NJ 800,000
911 Enhanced Laydown Area for Paulsboro NJ 4,750,000
Offshore Wind Industry,
Paulsboro Marine Terminal
912 Freehold's Parking Freehold Borough NJ 557,716
Improvement project
913 Great Falls Gateway Phase II Paterson NJ 972,000
914 Hackettstown Mobility Hackettstown NJ 4,712,000
Improvement
915 Hamilton Street Plaza Project Bound Brook NJ 1,760,000
916 Hand Avenue (CR-658) Bridge Middle Township NJ 1,310,000
Over Skeeter Island Creek
917 Highlands Rail Trail Phase II Wanaque NJ 800,000
918 Hudson County's County Avenue Secaucus NJ 1,400,000
Reconstruction
919 Irvington Avenue Sidewalks South Orange NJ 2,750,000
and Streetscape Improvements
920 Jackson Avenue/Riverside Rutherford NJ 250,000
Avenue Improvements Project
921 Kingsland Avenue Bridge Lyndhurst and Nutley NJ 5,000,000
Replacement Project
922 Koleda Park Improvement Middletown NJ 800,000
Project
923 Lackawanna Cut-off Culvert Byram NJ 1,600,000
Relocation
924 Lincoln Avenue Drainage Elizabeth NJ 2,080,000
Improvements Project
925 Long Branch Intermodal Long Branch NJ 13,000,000
Station Project
926 McBride Avenue Roundabout Woodland Park NJ 960,000
Project
927 Mercer County Bus Purchase West Trenton NJ 732,000
928 Mercer County Electric Trenton NJ 454,500
Vehicles and Electric
Vehicle Charging Stations
929 Mercer County Roadway Safety Mercer County NJ 640,000
Improvements
930 Newark Broad Street Signal Newark NJ 1,650,000
Optimization
931 North Broad Street Newark NJ 1,200,000
Redevelopment Project
932 Ocean Drive (CR621) Upgrades Lower Township NJ 7,000,000
and Bridge Improvements
933 Parkside Neighborhood School Camden NJ 6,000,000
and Pedestrian Traffic
Safety
934 Passaic Bus Terminal Canopy Passaic NJ 1,600,000
935 Patriots Way Bridge Oakland NJ 4,184,830
Superstructure Replacement
936 Pedestrian Bridge at the Paterson NJ 1,000,000
Great Falls National
Historical Park
937 Pedestrian Improvement for Township of Woodbridge NJ 1,250,000
Metro Park
938 Permanent Ferry Terminal Bayonne NJ 4,321,600
Peninsula Project
939 Pleasant Avenue & Park Avenue Weehawken NJ 7,520,000
/ Pedestrian & Vehicular
Safety Improvements &
Restoration Project
940 Point Pleasant Beach Channel Point Pleasant Beach NJ 1,399,785
Drive ADA Compliance Upgrade Borough
and Surface Revitalization
project
941 Pompton River Rail Bridge Township of Pequannock, NJ 1,500,000
(Pequannock Valley Morris County, and
Pedestrian Trail) Township of Wayne,
Substructure Repair Passaic County
942 Reconstruction of Pedestrian Bridgewater NJ 1,280,000
Bridges over Cole Drive
(Bridgewater Train Station)
943 Replacement of Morris County Montville/Pine Brooke NJ 2,000,000
Bridge 1400-433 on
Bloomfield Avenue over a
Tributary to Passaic River
in the Township of
Montville, Morris County
944 Replacement of Morris County Denville NJ 1,000,000
Bridge 1400-935 on Lenape
Island Road over Indian Lake
in the Township of Denville,
Morris County
945 River Road Overpass West New York NJ 5,200,000
946 River Road Subsurface Soil Edgewater NJ 1,760,000
Stabilization
947 Roadway Rehabilitation East Somerdale, Hi-Nella, NJ 1,500,000
Atlantic Avenue CR727 Stratford
948 Roadway Rehabilitation Lawnside, Magnolia, NJ 2,500,000
Evesham Road, CR 544 Somerdale, Cherry Hill,
Voorhees
949 Roadway Rehabilitation Haddon Haddon Township, NJ 3,000,000
Ave. CR561 Collingswood
950 Roadway Rehabilitation Red Woodbury NJ 1,765,000
Bank Avenue CR644
951 Route 202, First Avenue Raritan NJ 3,340,685
Intersection Improvements -
Right of Way Acquisitions
952 Route 29 Tunnel Ventilation Trenton NJ 2,400,000
System
953 Route 33 Bridge Over Millstone Township NJ 3,640,000
Millstone River
954 Route 35 Bridge Over the Wall NJ 3,736,000
North Branch of Wreck Pond
955 Route 55/Route 47 Interchange Millville NJ 9,250,000
956 Seaside Heights Boardwalk Seaside Heights NJ 400,000
Replacement
957 Shaler Boulevard Streetscape Ridgefield NJ 250,000
Project
958 Skyline Drive Bicycle and Ringwood NJ 800,000
Pedestrian Bridge
959 South Orange Avenue Newark NJ 4,000,000
Streetscape Improvement
Project
960 Study & Engineering Design Hopatcong NJ 2,360,000
for the Rehabilitation or
Replacement of Sussex County
Bridge K-03 in the Borough
of Hopatcong
961 Sussex County Guide Rail Frankford and Wantage NJ 1,000,000
Upgrade Program
962 Sussex County Skylands Ride Hamburg NJ 400,000
Capital Project
963 Teaneck Pedestrian Overpass Teaneck NJ 4,000,000
Replacement
964 Tenafly Roadway Resurface & Borough of Tenafly NJ 1,545,000
Improvements
965 The County Road 539 Overpass Plumstead NJ 8,000,000
Project
............................. ........................ ........................ 7,000,000
............................. ........................ ........................ 1,000,000
966 Traffic Signal Optimization/ Newark NJ 1,600,000
Adaptive Signals Along
McCarter Highway (Route 21)
967 U.S. Route 130/Delaware Florence Township NJ 17,320,000
Avenue/Florence Columbus
Road Intersection
Improvements
968 Union County Structurally Union Township NJ 400,000
Deficient Bridge Initiative -
Allen Ave. Bridge, Township
of Union
969 Union County Structurally Kenilworth NJ 600,000
Deficient Bridge Initiative -
Faitoute Ave. Bridge,
Kenilworth
970 Union County Structurally Summit NJ 600,000
Deficient Bridge Initiative--
High Street Bridge
971 Union County Structurally Summit NJ 760,000
Deficient Bridge Initiative -
Oakland Place Bridge
972 Union County Structurally Summit NJ 800,000
Deficient Bridge Initiative -
Pine Grove Avenue Bridge
973 Union County Structurally Summit NJ 600,000
Deficient Bridge Initiative -
Shunpike Road Bridge
974 Union County Structurally Cranford NJ 800,000
Deficient Bridge Initiative--
Spring Garden Bridge,
Cranford
975 West County Drive (CR 646) Township of Branchburg NJ 6,493,600
Extension
976 West Milford Bikeway West Milford NJ 536,000
Connector Project
977 Willingboro EV Charging Willingboro NJ 800,000
Stations
978 Woodbine Bikeway and Borough of Woodbine NJ 800,000
Trailhead Improvements
979 Arroyo De Los Chamisos Santa Fe NM 4,900,000
Crossing
980 Coal Avenue Commons ``Event Gallup NM 3,500,000
Street''
981 County Road 43--Superman McKinley County-- NM 4,500,000
Canyon Bridges Churchrock Chapter
982 Foothills Drive Enhancement Farmington NM 1,324,800
Phase III
983 Kilgore Street Improvements Portales NM 2,079,000
984 Rio Lucero Road Improvement Taos Pueblo NM 3,048,910
Project
985 Wild Rose Road (Route #670) Santa Clara Pueblo NM 618,000
and Pedestrian Improvement
Project
986 Arlington Avenue Bridges Reno NV 6,000,000
Project
987 Charleston Boulevard Las Vegas NV 7,000,000
Underpass
988 Charleston Park Avenue Pahrump NV 1,552,079
Reconstruction Project
989 Coleman Road Expansion Fallon NV 5,000,000
990 Hydrogen Fuel Cell Bus and Reno NV 5,240,000
Fuel Site Project
991 I-15 South Package 2--Sloan Las Vegas NV 5,000,000
to Blue Diamond
992 Maryland Parkway Bus Rapid Las Vegas NV 5,000,000
Transit Zero Emission Fleet
993 North Las Vegas Street Light North Las Vegas NV 12,000,000
Conversion
994 Rancho Drive Complete Streets Las Vegas NV 3,000,000
Improvements
995 SR28 Central Corridor Sand Carson City NV 1,760,000
Harbor to Spooner--Secret
Harbor to Skunk Harbor
Trail, Parking and Safety
Improvements
996 William Street Complete Carson City NV 2,000,000
Streets Project
997 ADA: Classon Ave / Crosstown Brooklyn NY 5,000,000
Line (G Train)
998 ADA: Forest Hills Platform Queens NY 16,910,000
Extensions & Elevators
999 ADA: Parkchester-E.177 St / Bronx NY 15,000,000
Pelham Line (6 Train)
1000 Asharoken Avenue Northport NY 800,000
1001 Bannister Creek Bridge Lawrence NY 4,940,000
Rehabilitation
1002 Basher Pedestrian Bridge Tarrytown NY 494,400
Rehabilitation
1003 Bayville Bridge Bayville NY 14,489,446
1004 Bridge Repair/Safety Tarrytown NY 1,096,395
Assurance, Westchester
County
1005 Bridge Replacement of CR46 Brookhaven NY 7,200,000
(William Floyd Parkway) over
Narrow Bay
1006 Broadway Junction Brooklyn NY 8,000,000
Improvements Phase 1,
Brooklyn, NY, 8th
Congressional District
1007 City of Poughkeepsie Market Poughkeepsie NY 2,400,000
Street Connectivity Project
1008 Concrete Pavement Brookhaven NY 7,998,048
Rehabilitation I-495
1009 County Route 7&8--RTE 299 Towns of New Paltz and NY 3,600,000
Roadway Repaving Gardiner
1010 Craig Street Corridor Project Schenectady NY 2,700,000
1011 Del Valle Square/Crames Bronx NY 4,870,000
Square Traffic, Safety, and
Plaza Improvements
1012 DL&W Station Buffalo NY 5,000,000
1013 Electric Bus Charging Rochester NY 800,000
Facility
1014 Elmwood Avenue Multiuse Rochester NY 8,596,000
Corridor Improvement
1015 Griswold Road over Murder Darien NY 1,203,200
Creek Bridge Replacement
1016 Half Moon Bay Bridge Croton-on-Hudson NY 1,500,000
Reconstruction Project
1017 Heritage Trail Extension: Town of Goshen NY 500,000
Hartley Road to Downtown
Middletown (Segment 2)
1018 High Line Connections--Hudson New York NY 5,000,000
River Park / Javits Center
Connection
1019 Highland Avenue over Wallace Otisville NY 1,250,000
Street
1020 Highway and Pedestrian Safety Kiryas Joel NY 1,380,000
Infrastructure Improvements
1021 Highway Improvements to the Oyster Bay NY 1,000,000
Interval Avenue Area,
Farmingdale
1022 Hudson Highlands Fjord Trail Beacon NY 4,350,000
1023 Hudson Line Tunnels Peekskill NY 4,550,000
1024 I-84/Route 9D Connectivity Beacon and Town of NY 400,000
(Beacon-Fishkill) Fishkill
1025 Improvements to East Lincoln Oyster Bay NY 1,000,000
Avenue, Riverdale Avnenue
and Pirates Cove, Massapequa
1026 Inner Loop North Rochester NY 4,000,000
Transformation Project
1027 Lake St. Bridge Project Newburgh NY 1,750,000
1028 Lake to Lake Road Bridge Town of Gorham NY 1,464,000
Replacement
1029 Level 2 EV Charging Network Queens NY 734,400
in NYCDOT Municipal Parking
Facilities
1030 Little Bay Park Promenade Bayside NY 1,000,000
1031 Long Beach Road Improvements, Rockville Centre NY 4,780,000
South Hempstead, NY
1032 Multi-Modal Phase I/ Amsterdam NY 4,500,000
Pedestrian Connector Project
1033 Newburgh Ferry Landing Pier Newburgh NY 4,000,000
1034 Northport Flooding on Main Northport NY 1,392,000
St.
1035 Northwest Bronx School Safety Bronx NY 2,331,000
Improvement Project
1036 NY 146 and NY146A Bicycle & Clifton Park NY 1,055,000
Pedestrian Access
Improvements
1037 NYS Route 133 Bike Lane Ossining NY 1,500,000
1038 Onondaga Lake Canalways Syracuse NY 8,000,000
Trail--Salina Extension
Project
1039 Orange-Dutchess Goshen NY 400,000
Transportation Access and
Mobility Study
1040 Outer Harbor Multi-Use Trails Buffalo NY 2,000,000
1041 Park Ave--Ingersoll Houses Brooklyn NY 1,942,000
Safety Improvements
1042 Perry Road (CR 64) Highway Mt. Morris NY 1,440,000
Rehabilitation
1043 Phase 1 of the New York State Auburn NY 2,778,400
Route 38 - State Street
Pavement Preservation
Project
1044 Preventative Maintenance Town of Johnstown & NY 3,394,752
Pavement from Route 67/Route Ephratah
10 Ephratah to Johnstown
City Line
1045 Purchase of Eight Electric Albany NY 6,000,000
Buses for Use in Emerging
Markets - Montgomery County
1046 Putnam County's Donald B. Carmel NY 1,500,000
Smith Transit Hub
1047 Rapids Road Highway Lockport NY 4,000,000
Improvements
1048 Reconstruction of Osborne Auburn NY 4,407,200
Street
1049 Reconstruction of the Oneonta NY 3,200,000
Intersection of Rt 7, Rt 23
and Maple St in Oneonta into
Roundabout Configuration
1050 Replacement of the Bridge Schoharie NY 6,254,400
Street Bridge over Schoharie
Creek
1051 Restoration of Van Cortlandt Croton-on-Hudson NY 600,000
Manor Entrance Road Project
1052 Riverside Drive Pedestrian New York NY 2,400,000
Mall
1053 Rose Road over Bowen Creek Batavia NY 1,033,600
Bridge Replacement
1054 Route 104 Intersection Ontario NY 1,254,400
Improvement Project
1055 Route 2 Multi-Modal Troy NY 5,700,000
Connectivity Project
1056 Route 28/South Inlet Lake Town of Arietta NY 6,621,248
1057 Route 31 Improvement Project Wayne County NY 2,970,400
1058 RT 12E/ Chaumont River Village of Chaumont NY 9,984,000
1059 Safe and Accessible Midtown Kingston NY 6,053,818
Kingston
1060 Safe Passage for CRCS Cuba NY 1,472,000
Students
1061 Safe Routes to School- Bronx NY 1,682,000
Bronx
(HWCSCH4D)
1062 Safe Routes to School-- New York NY 3,643,000
Manhattan (HWCSCHMN)
1063 Safe Routes to Transit 86th Brooklyn NY 2,516,000
Street
1064 Sands Point Preserve Bridge Village of Sands Point NY 1,784,000
1065 Sharp Road (CR 181) over Concord NY 1,400,000
Spring Brook Bridge
Replacement
1066 Shoreline Trail Lackawanna and Hamburg NY 2,000,000
1067 Southeast Queens Flooding Queens NY 3,859,000
Relief
1068 Street Restoration in Brooklyn NY 4,884,000
Brooklyn--Hancock St,
Bushwick Ave, Hill St, E
80th St
1069 The Maiden Lane Greece NY 6,604,000
Rehabilitation Project
1070 The New Rochelle LINC Project New Rochelle NY 13,000,000
1071 The Riverline Buffalo NY 10,500,000
1072 Twin Cities Highway Complete Tonawanda and North NY 500,000
Streets Tonawanda
1073 Ulster County Electric Bus Kingston NY 800,000
Charging Infrastructure
1074 Union Turnpike Center Median Queens NY 2,355,200
Replacement
1075 Van Wyck Expressway Access Queens NY 16,141,000
Improvement to John F.
Kennedy Airport
1076 Victor Traffic Mitigation Victor NY 9,920,000
Project
1077 Village of Ossining Route 9 Ossining NY 1,000,000
Road Diet Project
1078 Water Street Rejuvenation Elmira NY 1,289,400
Project
1079 West Broadway Rehabilitation Woodmere to Cedarhurst NY 9,670,000
1080 West Lake Road (CR 3) Perry NY 931,478
Preventative Maintenance
1081 Williams Bridge Station Bronx NY 14,675,000
Renewal
1082 Yonkers Greenway Yonkers NY 1,791,600
1083 11th Street Reconstruction Canton OH 1,500,000
Project
1084 Arlington Road Corridor Green OH 5,578,551
1085 Bagley Road Reconstruction North Ridgeville OH 1,500,000
1086 BRO-32-4.16 Mt. Orab OH 10,000,000
1087 Cherry Rd Bridges Massillon OH 1,480,000
Rehabilitation
1088 CLE CR 3 - Aicholtz Road Cincinnati OH 2,000,000
Roundabouts
1089 CLE SR32-2.33 - CLE CR55 Batavia OH 1,500,000
Overpass
1090 Cleveland Avenue Multimodal Westerville OH 800,000
Facility Project
1091 Columbia Road--I-90 Westlake OH 1,900,000
Interchange
1092 E. Main Street (SR153) & Louisville OH 1,200,000
Nickel Plate Intersection
Improvement
1093 East Dayton Rails-to-Trails Dayton OH 2,000,000
(Flight Line)
1094 Easton Street/GlenOak HS Canton OH 575,000
Intersection Improvements
1095 Electric Trolley Power Dayton OH 3,600,000
Distribution System
1096 French Creek Greenway Phase 1 Avon OH 595,637
1097 Gaysport Bridge Replacement Philo OH 3,000,000
Project
1098 HAM-75-1.95 Cincinnati OH 8,640,000
............................. ........................ ........................ 4,320,000
............................. ........................ ........................ 4,320,000
1099 Hydrogen Infrastructure Tank Canton OH 1,000,000
Increase
1100 Interchange Construction Sunbury OH 3,000,000
Project on I-71 at Sunbury
Parkway
1101 Kungle Road Culvert Norton OH 308,000
Replacement
1102 LUC IR 475 @ US 20A Lucas County OH 10,000,000
Interchange
1103 Main Street Corridor Mansfield OH 2,000,000
Improvement Plan
1104 Miller Road--I77 Interchange Brecksville OH 12,000,000
1105 Olmsted Falls Columbia Rd. Olmsted Falls OH 1,900,000
1106 Pearl Road Brunswick Brunswick OH 2,718,700
1107 Pearl Road Improvements Brunswick OH 1,500,000
1108 River Styx Road/SR 162 Montville Township OH 3,200,000
Intersection Roundabout
1109 Sprague Road Widening Parma Parma OH 800,000
1110 SR283 Capacity Improvements Mentor OH 3,148,000
1111 Stark County CR-224 North Canton OH 350,000
1112 State Route 13 Relocation Mount Vernon OH 1,900,405
1113 State Route 254 & State Route Avon OH 1,500,000
83 Intersection Improvement
1114 Study and Design of ATB 531 Ashtabula OH 2,400,000
1115 The Point Intersection--US 36/ Delaware OH 4,000,000
SR 37
1116 Thornwood Crossing Project Newark OH 5,000,000
1117 U.S. Route 30--East Canton East Canton OH 1,500,000
Expansion
1118 US-422 Harper Road Solon OH 2,414,288
Interchange
1119 W. Tuscarawas Street Safety Canton OH 1,000,000
Corridor Project
1120 Wadsworth Streetscape Wadsworth OH 2,500,000
1121 Wayne CR-30 Resurfacing Wooster OH 1,219,962
project
1122 West Creek Greenway Parma OH 2,720,000
1123 Western Hills Viaduct Cincinnati OH 15,000,000
Replacement Project
1124 Bobcat Way: Transformation of Grandview Heights OH 1,000,000
Fairview Avenue
1125 Broad Street and James Road Columbus OH 1,000,000
Intersection
1126 Cherry Bottom Road Emergency Gahanna OH 860,000
Stabilization
1127 City of Akron--North Main Akron OH 4,000,000
Street Complete Streets
Project
1128 Cleveland Hopkins Airport Cleveland OH 2,000,000
Master Plan Interstate
Access Improvement Project
1129 Cuyahoga Falls--Gorge Terrace City of Cuyahoga Falls OH 7,200,000
Street Transformation
Project
1130 Eastgate--State Route 46 and Howland Township OH 4,000,000
Warren-Sharon Road
Intersection Safety
Improvements
1131 Ferris Road Corridor Columbus OH 2,000,000
1132 Hiawatha Park Drive Urban Columbus OH 1,000,000
Greenway
1133 Hudson Street and Greenway Columbus OH 1,000,000
Trail
1134 Jackson Street/ Civic Center Toledo OH 4,000,000
Mall Corridor-Lucas County
1135 Life and Safety Facility Toledo OH 4,000,000
Upgrades, TARTA M&O Facility
1136 Lorain County Lakefront Lorain Ohio OH 4,000,000
Connectivity Project
1137 Mahoning Avenue Industrial Jackson Township OH 4,000,000
Corridor Upgrade
1138 Multimodal Lakefront Access, City of Cleveland OH 2,000,000
Cuyahoga County, Ohio Boundary, including Bay
Village, Rocky River,
and Lakewood
1139 Operation Safewalks - Refugee Columbus OH 2,000,000
Road
1140 Reynoldsburg East Main Phase Reynoldsburg OH 1,585,000
II
1141 Reynoldsburg Park & Ride Reynoldsburg OH 500,000
1142 Rickenbacker Area Access-- Columbus OH 5,000,000
Northbound Bridge Project
1143 Rickenbacker Area Mobility Columbus OH 3,000,000
Center (RAMC)
1144 Sandusky Bay Pathway Sandusky OH 4,000,000
1145 Bridges on Interstate 35 at Edmond OK 10,000,000
Interchanges between
Memorial and 2nd Street
1146 I-35 Widening in Love County Love County OK 17,120,000
1147 I35/I240 Interchange Oklahoma City OK 10,000,000
1148 I-40 and Exit 65 in Clinton Clinton OK 3,250,000
1149 S.E. 29th Street Bridge Midwest City OK 2,880,000
Replacement & Repair Project
1150 SH30 from SH33 N. 2 miles in Durham OK 2,000,000
Roger Mills Co
1151 SH-33 from Blaine County line Kingfisher OK 3,250,000
east to SH-74
1152 US-270 between Watonga and Watonga OK 3,250,000
Seiling
1153 US-287 from Boise City north Boise City OK 3,250,000
to Colorado (Ports-to-Plains
Corridor)
1154 181st Safety Improvements Gresham OR 4,000,000
1155 82nd Avenue Safety Projects Portland OR 5,000,000
1156 Albany Transit Operations Albany OR 1,563,978
Facility
1157 Beaverton Downtown Loop: Beaverton OR 4,000,000
Phase 1 Improvements
1158 Benton Area Transit Vehicle Corvallis OR 528,000
Replacement
1159 Corvallis Area Pedestrian Corvallis OR 880,000
Crossing Improvements
1160 Georgia Pacific Mill Site Coos Bay OR 4,500,000
Rail-Served Marine Terminal
1161 I-5: Aurora-Donald Aurora OR 20,000,000
Interchange Improvement
Project
1162 Libby Lane Repaving Coos Bay OR 486,400
1163 LTD Electric Bus Replacement Eugene OR 1,844,322
1164 Main Avenue/OR 104 Pedestrian Warrenton OR 1,360,000
Route
1165 NW Circle Boulevard Corvallis OR 2,800,000
Reconstruction/
Rehabilitation
1166 OR18: Newberg-Dundee Bypass Newberg OR 8,000,000
Phase 2 (OR219 Section)
1167 River Road--Santa Clara Eugene OR 1,500,000
Bicycle and Pedestrian
Bridge
1168 Rose Lane / High Crash Portland OR 5,000,000
Corridor - Smart Tech and
Safety Improvements - 122nd
1169 Safety and Smart Technology Portland OR 4,000,000
Investments: Central City,
Broadway
............................. ........................ ........................ 2,000,000
............................. ........................ ........................ 2,000,000
1170 Siuslaw River Bridge Florence OR 897,300
Pedestrian and Bicycle
Improvement Project
1171 Territorial Highway Lane County OR 5,000,000
Reconstruction Phase 3
1172 TriMet Zero Emission Bus Portland OR 4,000,000
Infrastructure
1173 Tualatin Valley Highway Cornelius, Hillsboro, OR 4,000,000
Safety Improvements unincorporated
Washington County
1174 Amtran Bus Replacement Altoona PA 900,000
1175 Asset Management Phase 1 Washington/North Branch/ PA 2,800,000
Forkston Townships
1176 Bradford Bypass Bradford PA 5,680,000
1177 Bristol Station Improvements Bristol PA 5,000,000
1178 Cambria County Transit Johnstown PA 6,160,000
Authority (CamTran) Bus
Replacements
1179 Crawford Avenue Bridge Connellsville PA 5,682,180
Rehabilitation
1180 East Washington Road (PennDOT New Castle PA 3,116,000
ID 91768)
1181 East Washington Street Bridge New Castle PA 1,400,000
(PennDOT ID 100743)
1182 Johnstown Mainstreet Greenway Johnstown PA 1,500,000
& Urban Connectivity
Improvements
1183 Laurel Valley Transportation Mt Pleasant and Unity PA 5,000,000
Improvement Project SR 130 Townships
to Arnold Palmer Airport
1184 Lower State Road Grade Philadelphia PA 1,200,000
Crossing Safety Improvements
1185 Marsh Creek Greenway Wellsboro PA 5,000,000
1186 PA Route 26 Jacksonville Road Bellefonte PA 5,000,000
Betterment
1187 PA Turnpike / I-95 Bensalem PA 5,000,000
Interchange Project, Section
C
1188 PA Turnpike / I-95 Bensalem PA 5,000,000
Interchange Project, Section
D30
1189 Purchase of 8 Microtransit State College PA 416,000
Vans
1190 Route 61 Revitalization Schuykill County PA 15,200,000
1191 Sassafras Street Extension Erie PA 4,400,000
Pedestrian Bridge
1192 SR 1001 Farrandsville Road Woodward Township and PA 1,200,000
Improvements Lock Haven
1193 SR 104 over Mahantango Creek Chapman Township PA 1,000,000
1194 SR2027 Speers Bridge Speers Borough PA 5,672,564
Replacement over I-70
1195 SR87 ov Kettle Creek Hillsgrove Township PA 1,040,000
1196 State Route 68 Corridor Butler PA 6,630,000
Improvements
1197 US 422 Bypass Phase 2 Butler, Connoquenessing, PA 2,454,000
and Franklin Townships
1198 US 6: Reynolds St - Baldwin Meadville PA 2,000,000
St Ext (Route 6 Highway
Reconstruction)
1199 US Business Route 322 (State State College PA 5,550,000
Route 3014) Atherton Street
Section 153 Drainage/
Repaving Project
1200 Warrensville Road Slide Williamsport PA 3,360,000
Rehabilitation
1201 Waynesburg Betterment Waynesburg Borough & PA 8,000,000
Franking Township
1202 69th Street Transportation Upper Darby PA 1,600,000
Center Master Plan
1203 Blakely Borough Main Street Blakely Borough, PA 1,497,417
Corridor Improvement Project Lackwanna County
1204 Bridge Replacement 209 & 33 Hamilton Township PA 2,000,000
NB over Appenzell Creek
1205 Bushkill Creek Bridge Easton PA 4,000,000
Replacements (2) Carrying
State Route 33
1206 Carnegie Station Improvement Carnegie PA 9,699,200
and Park and Ride Expansion
1207 Castor Ave Complete Street Philadelphia PA 3,000,000
1208 Cementon Bridge Replacement Whitehall, Northampton PA 10,000,000
carrying State Route 329
over the Lehigh River
1209 Chestnut Street Pedestrian Philadelphia PA 3,000,000
Safety Islands
1210 Cobbs Creek Parkway Philadelphia PA 2,000,000
Multimodal Safety
Improvements: Larchwood
Avenue to 67th St.
............................. ........................ ........................ 1,200,000
............................. ........................ ........................ 800,000
1211 County of Lackawanna Transit Scranton PA 5,000,000
System Transit Facility
Renovation
1212 Crestwood Drive Resurfacing Wright Township, Luzerne PA 1,200,000
Project County
1213 Critical Pedestrian Pittsburgh PA 5,000,000
Connections - Public Steps
Reconstruction
1214 Cross County Trail - Plymouth Township PA 4,840,000
Germantown Pike Crossing and
Extension
1215 Erie Station (Broad Street Philadelphia PA 7,200,000
Line) Accessibility
Improvements
............................. ........................ ........................ 3,600,000
............................. ........................ ........................ 3,600,000
1216 Exton Station Intermodal Exton PA 4,800,000
Connectivity
1217 Frankford Creek Greenway: Philadelphia PA 2,000,000
Adams Avenue to Bristol
Street
1218 Franklin Square Pedestrian Philadelphia PA 240,000
and Bicycle Improvement--7th
and Race Specific
1219 Hazleton Buses and Bus Hazleton PA 1,500,000
Infrastructure
1220 Hill District Corridor Pittsburgh PA 6,000,000
Enhancements
1221 Improvements to Boulevard of Pittsburgh PA 5,000,000
the Allies
1222 Kittanning Pike Flood Control O'Hara Township PA 2,200,000
1223 Lower Demunds Road Dallas Township, Luzerne PA 1,200,000
Resurfacing Project County
1224 Main Street Grade Crossing in Darby Borough PA 1,000,000
Darby Borough
1225 Mantua Neighborhood Traffic Philadelphia PA 4,000,000
Safety Project (34th St.)
1226 Marcus Hook Regional Rail Marcus Hook PA 11,250,000
Station Accessibility
Improvements
1227 Market Place District Moon Township PA 3,100,800
Improvements Project
1228 McKees Rocks Bridge McKees Rocks PA 5,000,000
1229 McKeesport--Duquesne Bridge McKeesport PA 4,000,000
Preservation
1230 PA 12 West Resurface- 422 Wyomissing Borough PA 4,000,000
1231 Parkside Avenue - Safe Access Philadelphia PA 4,000,000
to Parks
1232 Penn Center Transit Gateway Philadelphia PA 3,975,000
1233 PHL Airport Bike Lanes Philadelphia PA 3,000,000
1234 Replacement of SR 590 Bridge Salem Township, Wayne PA 560,000
over Branch of Ariel Creek County
1235 Replacement of SR 590 Bridge Paupack Township, Wayne PA 432,000
over Inlet to Finn Swamp County
1236 Roosevelt Boulevard Philadelphia PA 1,960,000
Intersection Improvements
1237 Schuylkill Avenue Bridge Reading PA 4,904,036
1238 Second Street Signal Philadelphia PA 2,400,000
Optimization (Lehigh Ave to
Callowhill St)
1239 SEPTA Platform Rehabilitation Philadelphia PA 1,205,000
Project at PHL
1240 Sleepy Hollow Road Bridge Butler Township, Luzerne PA 1,200,000
Replacement County
1241 South Henderson Road Widening Upper Merion PA 5,000,000
1242 SR 29 & SR 113 Intersection Perkiomen Township PA 3,676,512
Improvements
1243 SR 4004--Park Ave, Eagleville Audubon PA 4,745,604
Road, Crawford Road
Intersection Realignment
Project
1244 State Route 115 Corridor Chestnuthill Township, PA 4,000,000
Improvements Effort Monroe County
1245 State Route 590 Paving Lackawaxen Township, PA 2,400,000
Project Pike County
1246 State Route 652 Resurfacing Berlin Township, Wayne PA 1,008,000
Project County
1247 Tilghman Street and State South Whitehall Township PA 4,000,000
Route 309 Interchange
Reconstruction
1248 Upper Darby Walnut Street Upper Darby PA 745,000
Multimodal Connectivity
Project
1249 US 222 Hard Shoulder Wyomissing Borough PA 5,000,000
1250 PRHTA-01 Lajas to San German Lajas PR 5,000,000
1251 PRHTA-02 Gurabo Gurabo PR 4,800,000
1252 PRHTA-03 Bayamon Bayamon PR 7,884,000
1253 East Main Road - Union Avenue Portsmouth RI 240,000
to Sandy Point Avenue Safe
Shared-Use Path
1254 Hope and Main Street Bristol and Warren RI 8,000,000
Sidewalks
1255 Pawtucket Avenue Veteran's East Providence RI 5,600,000
Memorial Parkway to Waterman
Avenue
1256 Post Road and Old Post Road Westerly, Charlestown RI 10,400,000
Improvements
1257 Route 2, Bald Hill Road, and Warwick/Cranston RI 4,000,000
New London Avenue
Improvements
1258 RT-114, Wampanoag Trail (East Barrington and East RI 5,920,000
Shore Expressway to Federal Providence
Road)
1259 Trestle Trail--West Section Coventry RI 4,400,000
1260 I 26/ 526 Interchange North Charleston SC 20,000,000
1261 SC-126 Belvedere Clearwater Clearwater SC 13,069,695
Road Widening
1262 Corridor Improvement at Old Calhoun County SC 1,100,000
State Road (US 21/176) from
Savany Hunt Creek Road (S-
86) to Old Sandy Run Road (S-
31)
1263 Intersection Improvement at Gaston SC 1,100,000
Old State Road (US 21/176)
and Savany Hunt Creek Road
(S-86)
1264 Santee Wateree Regional Sumter SC 2,000,000
Transportation #2022
1265 Sumter Manning Avenue Bridge Sumter SC 4,000,000
Multimodal Enhancements
1266 US 21/178 Bypass (Joe S. Orangeburg SC 7,800,000
Jeffords Highway) Corridor
Improvement
1267 Walk Bike Columbia Columbia SC 4,000,000
1268 Blount County Greenway Blount County TN 3,420,800
1269 Elvis Presley Boulevard Memphis TN 7,000,000
1270 Knob Creek Road Johnson City TN 2,630,000
1271 Magnolia Avenue Corridor Knoxville TN 10,000,000
1272 MATA Electric Bus Program Memphis TN 7,000,000
1273 Memphis 3.0 (Kimball at Memphis TN 3,000,000
Pendleton)
1274 Mississippi Boulevard Memphis TN 1,141,440
Signalized Pedestrian
Crossing
1275 Overton Park Cooper Street Memphis TN 1,739,432
Entrance
1276 SR-126 Kingsport TN 5,662,000
1277 SR-34 Morristown TN 2,394,000
1278 SR-35 Greenville TN 2,018,000
1279 SR-36 Spurgeon TN 5,445,000
1280 SR-499 EXT Sevierville TN 832,000
1281 SR-93 Horse Creek Kingsport TN 777,000
1282 SR-93 Miscellaneous Safety Fall Branch TN 242,000
Improvements
1283 Third/Fourth Street Corridor Chattanooga TN 2,500,000
Project, Chattanooga, TN
1284 US-127 (SR-28) Fentress County / TN 20,000,000
Cumberland County
1285 54 Scott Street BOOST Houston TX 20,000,000
Corridor project
1286 Austin Bergstrom Spur Urban Austin TX 10,000,000
Trail
1287 Austin Ross Road Substandard Austin TX 10,000,000
Street
1288 Bear Creek Road Improvement Glenn Heights TX 3,329,417
Project
1289 City of South Houston-- South Houston TX 1,264,530
Concrete Sidewalks
1290 Clay Road Bridge Houston TX 9,929,577
Reconstruction Project
1291 Dallas East Grand Avenue (SH- Dallas TX 1,300,000
78) Corridor Study &
Infrastructure Improvements
1292 Dallas Vision Zero Dallas TX 10,000,000
Implementation
1293 DART LED Light Replacement Dallas TX 2,080,000
Project
1294 DART Mobile Data Terminals Dallas TX 1,760,000
System Upgrade Project
1295 East Dallas Bus and Dallas TX 891,992
Maintenance Facility
Renovation Project
1296 FM 3349/US 79 Railroad Grade Hutto & Taylor TX 10,000,000
Separation Project
1297 FM 60 from 2 miles east of SH Caldwell TX 4,000,000
36 to .8 miles west of FM
2039
1298 Foley Street & Navigation Houston TX 10,000,000
Realignment & Infrastructure
Re-Use Construction Phase
1299 Fondren Road Reconstruction Houston TX 11,000,000
with Transit and Pedestrian
Enhancements
1300 Greater Downtown Dallas Dallas TX 1,600,000
Master Plan
1301 Grove Street Intermodal Fort Wort TX 3,250,000
Campus Rehabilitation
1302 High Line Project Pharr TX 940,160
1303 IBTC Donna and Alamo TX 3,500,000
1304 IH 45 from 1.5 miles south of Fairfield TX 1,000,000
S 84 to US 84
1305 IH 69E Lyford and Sebastian TX 3,500,000
1306 Intersection at SH 191 and Midland TX 6,520,000
Yukon Rd.
1307 John Hayes Extension El Paso TX 12,000,000
1308 Meadowglen West Complete Houston TX 4,000,000
Street Project
1309 Memorial Park Connector South Houston TX 4,000,000
1310 Missouri City/BW 8 Transit Missouri City TX 5,000,000
Facility
1311 New Construction Overpass at Odessa TX 2,000,000
Loop 338 and South US 385
1312 Pharr International Bridge Pharr TX 2,863,918
Dock Expansion 1
1313 Pharr International Bridge- Pharr TX 3,880,000
Commercial Vehicle Staging
Area
1314 Phase 3A--SL 88 from Memphis Lubbock TX 11,820,000
to CR 2240 (Ave. U) (TxDOT
Project Id: 1502-01-029)
1315 Phase 3B--SL 88 from SL 88 Lubbock TX 8,180,000
from Chicago Avenue to
Memphis Avenue (TxDOT
Project Id: 1502-01-030)
1316 Reconstruction of US385 in Odessa TX 1,000,000
Odessa
1317 Re-establish Northwest Drive Mesquite TX 10,000,000
Direct Access to IH 635
1318 RM 2243 Resiliency Project Leander TX 10,000,000
1319 Safe Access to Transit Houston TX 1,200,000
Improvements
1320 SH 550 Brownsville TX 3,791,529
1321 SH 6 from BS 6-R to SH 40 College Station TX 4,000,000
1322 South Parallel Corridor Phase San Benito TX 6,500,000
III
1323 South Park and Ride Project/ McAllen TX 4,700,000
Electric Bus Project
Expansion
1324 Speegleville Road: Bridge at Waco TX 8,379,000
Middle Bosque River
1325 Stanton Street Bridge ``Good El Paso TX 7,200,000
Neighbor International
Bridge'' Intelligent
Transportation System
1326 The I-35 Innovative Corridor Dallas TX 7,500,000
Project
1327 Traffic Signal Improvements Odessa TX 2,480,000
Loop 338 at W Yukon Rd
1328 Trinity Lakes Station--Fort Fort Worth TX 11,962,800
Worth Transportation
Authority
1329 TX SH 36 Expansion Fort Bend County TX 20,000,000
1330 Vallecillo Road Project Laredo TX 14,000,000
1331 Westheimer BOOST Houston TX 16,000,000
1332 Widen US-77 Victoria TX 20,000,000
1333 Widening of US-83 South of Zapata TX 5,780,148
Zapata Townsite Project
1334 Zarzamora/Frio City Road RR San Antonio TX 15,600,000
Overpass
1335 1300 East/Richmond Street Salt Lake City UT 2,000,000
Reconstruction
1336 1500 West and 1300 North Clinton City UT 1,200,000
Roundabout
1337 4700 South Project WVC West Valley City UT 3,000,000
1338 700 West Project South Salt Lake City UT 3,000,000
1339 BRT from Kimball Junction to Park City UT 6,500,000
Park City (S.R. 224)
1340 Colorado River Pathway Phase Moab/Grand County UT 1,000,000
IV
1341 Fort Street Reconstruct Draper UT 915,294
1342 Frontage Road Bypass Herriman UT 4,800,000
1343 FrontRunner Forward Provo to Ogden UT 3,300,000
1344 Legacy Highway Frontage Road Centerville UT 1,500,000
Project
1345 Midvalley Connector Murray, West Valley, UT 5,500,000
Salt Lake City
1346 Neffs Canyon Trailhead Salt Lake City UT 800,000
Redesign
............................. ........................ ........................ 400,000
............................. ........................ ........................ 400,000
1347 North Sugar Factory Road Gunnison UT 1,727,200
1348 Ogden 25th Street Rebuild Ogden UT 5,500,000
Project
1349 Ogden Canyon Shared Use Ogden UT 4,000,000
Pathway Project
1350 Park City Arts and Culture Park City UT 1,200,000
District Roadway and
Connectivity Project
1351 Provo Intermodal Center Provo UT 1,000,000
Pedestrian Bridge Project
1352 Safe Route to School Sidewalk Salt Lake County UT 73,345
Project
1353 Sharp/Tintic Railroad Springville and Spanish UT 1,700,000
Connection Fork
1354 SR-7 Exit 5 Interchange, St. George UT 5,000,000
Southern Hills Bridge and
Roadway
1355 Young Street Bridge and Morgan City UT 1,547,401
Connector Road Project
1356 Arlington Ridge Road Bridge Arlington/Alexandria VA 9,000,000
1357 Berkley Avenue Bridge Norfolk VA 5,000,000
1358 Chesapeake All-Electric Chesapeake VA 1,600,000
Mobile Command Vehicle
Demonstration Project
1359 Coalfields Expressway--RTE Grundy VA 4,097,500
121 West Virginia State Line
to Grundy, VA
1360 Commerce Road Improvements Richmond VA 1,600,000
Project
1361 Craney Island Access Road Portsmouth VA 3,111,500
1362 Electric Emergency Response Chesapeake VA 1,600,000
Vehicles
1363 Fall Line Trail - Downtown Richmond VA 1,500,000
Core Enhancements
1364 HRT Bus Replacement Virginia Beach VA 2,377,000
1365 I-64 at Oilville Road (Rte. Goochland County VA 3,436,000
617) Interchange
1366 I-66 Transportation Fairfax VA 4,000,000
Alternatives
1367 I-81 Northbound Truck Marion VA 11,160,000
Climbing Lane--Mile Marker
39.5
1368 Intersection Safety Troy VA 5,082,700
Improvements at the
Intersection of Route 15 and
Route 250
1369 Intersection Safety Louisa VA 2,050,000
Improvements at the
Intersection of Route 22 and
Route 780
1370 Interstate 95 and Willis Road Chesterfield VA 3,200,000
Interchange Improvements
Project
1371 Jahnke Road: Blakemore Road Richmond VA 1,600,000
to Forest Hill Avenue
1372 Long Bridge Arlington VA 4,000,000
1373 Mathis Corridor Manassas VA 7,000,000
Revitalization Project
1374 Multimodal Transportation Falls Church VA 2,000,000
Infrastructure Improvements
1375 Nimmo Parkway Phase VII-B Virginia Beach VA 5,000,000
1376 Old Bridge Road at Gordon Woodbridge VA 4,000,000
Boulevard Interchange/
Intersection Improvements
1377 Parallel Chesapeake Tunnel Northampton County VA 3,111,500
Project
1378 Peninsula Transit Signal Newport News and Hampton VA 9,702,071
Priority Improvements
1379 Red Lane Road/Rt. 60 Powhatan VA 3,145,663
Continuous Green T
1380 Richmond Highway Bus Rapid Fairfax County VA 5,000,000
Transit
1381 Roundabout at the Prince George County VA 3,540,806
intersection of Middle Road
(Rt. 646) and Jefferson Park
Road (Rt. 630)
1382 Route 31 Bicycle Surry VA 6,379,000
Accommodations Project
1383 Route 7/Route 690 Interchange Purcellville VA 10,000,000
1384 Rt. 208 (Courthouse Road) and Fredericksburg VA 1,151,000
Hood Drive Intersection
Improvement (UPC 110987)
1385 Silver Line Support Fairfax VA 10,500,000
Transportation Alternatives
1386 The Birthplace of America Newport News VA 3,160,000
Trail
1387 Tidewater Drive Norfolk VA 6,400,000
Reconstruction
1388 Transit Enhancement and Chesterfield VA 4,688,800
Expansion
1389 St. Croix/St. Thomas Ferry Christiansted VI 15,000,000
1390 Barre City-Barre Town VT Barre VT 4,750,000
Route 14 / Quarry Street and
Quarry Hill Road
Intersection Reconstruction
1391 Essex Junction Crescent Essex VT 5,400,000
Connector
1392 Railyard Enterprise Project Burlington VT 2,250,000
(Design & Permitting Phase)
1393 Town of Hartford (Quechee) Hartford VT 7,600,000
U.S 4 Bridge Rehabilitation
1394 Bigelow Gulch and Sullivan Spokane Valley WA 2,650,000
Road Corridor
1395 City of Waitsburg Highway 12 Waitsburg WA 350,000
Preston Bridge Replacement
1396 Columbia Heights Road Longview WA 5,500,000
Reconstruction
1397 Ferry County Kettle River Curlew WA 1,797,000
Road Rehabilitation
1398 I-5/SR 503 Interchange Area Woodland WA 11,760,000
Improvements
1399 Industrial Rail Corridor Longview WA 2,740,000
Expansion (IRCE)
1400 Palouse River Bridge Colfax WA 6,000,000
Replacement
1401 Spokane Airport Spotted Road Spokane WA 6,749,000
Project
1402 SR 410/Rock Creek Vic-- Naches WA 3,562,000
Chronic Environmental
Deficiency
1403 SW Mojonnier Road College Place WA 2,453,574
Reconstruction
1404 US 12 Naches Vic to Yakima Naches WA 1,452,000
Vic--Intersection Safety
Improvements
1405 US 97/Jones Rd--Intersection Wapato WA 4,464,000
Improvements
1406 US Highway 12 Phase 8 Final Touchet WA 5,965,931
Design and Right of Way
Acquisition
1407 Yakima County, East-West Yakima WA 4,000,000
Corridor Phase II Project.
1408 169th Street Connecting Arlington WA 3,900,000
Segment
1409 20th Street NE / Main Street Lake Stevens WA 2,000,000
Improvements
1410 42nd Ave S Bridge Replacement Tukwila WA 1,270,000
Project
1411 Aberdeen US 12 Highway-Rail Aberdeen WA 2,080,000
Separation Project
1412 Access and Circulation Roads Town of Darrington WA 1,291,869
for the Darrington Wood
Innovation Center
1413 Bellevue Transit Center Bellevue WA 1,000,000
Safety and Connectivity
Project
1414 City of Carnation Larson / Carnation WA 2,400,000
40th Street Bypass Project
1415 City of Kenmore Fish Passable Kenmore WA 1,224,000
Culvert Replacements
1416 College Street Corridor Lacey WA 6,000,000
Improvements Phase III
1417 Columbia River Pedestrian Wenatchee WA 8,600,000
Bridge Extension, Apple
Capital Loop Trail
1418 E. 64th Street Phase II Tacoma WA 5,600,000
1419 East Marginal Way Corridor Seattle WA 2,340,000
Improvements - Phase 1
1420 Eastrail Wilburton Critical Bellevue WA 1,680,000
Crossing
1421 Georgetown to South Park Seattle WA 1,800,000
Connection
1422 Gorst Area Resiliency and Bremerton WA 8,000,000
Redundancy Alternatives
Study
1423 Guemes Island Ferry Anacortes WA 8,000,000
Replacement Project
1424 I-5/Lake Washington Ship Seattle WA 5,000,000
Canal Bridge
1425 Lea Hill Corridor 112th Ave Aubrun WA 4,446,200
SE & 105th Pl SE
Intersection Improvements
1426 Links to Opportunity Tacoma WA 2,000,000
Streetscape Project
1427 Lyon Creek Culvert Lake Forest Park WA 3,100,000
Replacement Project
1428 Meeker Complete Street/Safe Kent WA 2,500,000
Routes to School Project
1429 MLK Jr. Way S Safety and Seattle WA 750,000
Accessibility Improvements
Project
1430 NE 124th St / 124th Ave NE Kirkland WA 2,000,000
Pedestrian Bridge (Totem
Lake Non-Motorized Bridge)
1431 Orting HWY 162 Pedestrian Oting WA 6,000,000
Bridge
1432 Puyallup Avenue Transit/ Tacoma WA 2,000,000
Complete Street Improvements
1433 Rainier Avenue South Corridor Renton WA 2,000,000
Improvements--Phase 4A
1434 Redmond Central Connector Redmond WA 3,000,000
Phase III
1435 Roundabout on US-2 and Main Sultan WA 900,000
Street
1436 Safe Routes to School Tacoma WA 1,000,000
Improvements: Whitman
Elementary and Edison
Elementary Schools
1437 Sheffield Trail Improvement Fife WA 2,750,000
Project
1438 South Campus Interim Base Tukwila WA 3,000,000
Electrification
1439 South Tacoma Way, 88th Street Lakewood WA 2,400,000
S to 80th Street Court SW.
1440 South Whidbey--Clinton Area Clinton WA 1,500,000
Transportation
Infrastructure Improvements
1441 SR 99/NB Duwamish River Seattle WA 2,000,000
Bridge--Grid Deck
Replacement
1442 SR522 Corridor Improvement Maltby WA 4,000,000
1443 Town to Zylstra Lake Multi- Friday Harbor WA 5,280,000
Modal Trail
1444 Tukwila International Tukwila WA 2,000,000
Boulevard Bus Rapid Transit
Station
1445 US 12/Heron St Bridge Tier 1-- Aberdeen WA 2,038,166
Bridge Rehabilitation
1446 US-2 WB Trestle Lake Stevens, Everett WA 1,680,000
............................. ........................ ........................ 840,000
............................. ........................ ........................ 840,000
1447 Washington State Ferries Seattle WA 4,200,000
Seattle Ferry Terminal
Shoreside Electrification
1448 West Seattle and Ballard Link Seattle WA 5,360,000
Extensions (WSBLE)
1449 X Street Roundabout Tumwater WA 3,250,000
1450 Atwood Ave. (Fair Oaks Ave. Madison WI 6,275,000
to Cottage Grove Rd.)
1451 BeerLine Bike and Pedestrian Milwaukee WI 1,200,000
Trail
1452 CTH CC from Ash Street to CTH Oregon WI 2,000,000
D
1453 CTH CV from Government Road Madison WI 2,000,000
to USH 51
1454 CTH M/Century Avenue Bridge Middleton WI 2,000,000
(B-13-0046) over Pheasant
Branch Replacement Including
Approaches and Branch Street
Intersection
1455 CTH P from CTH PD to CTH S Klevenville WI 2,000,000
1456 I-94 Screening Wall at Woods Milwaukee WI 2,000,000
National Cemetery
1457 Milwaukee Country Transit Bus Wauwatosa WI 4,000,000
Purchase
1458 Milwaukee County Transit Wauwatosa WI 2,000,000
Security Initiative
1459 Reconstruction of Silver Glendale WI 4,500,000
Spring Drive
1460 Reedsburg - Baraboo, Preston Reedsburg WI 125,000
Avenue to STH 23 Const./Mill
& Overlay, State 3R
1461 Reedsburg - Wisconsin Dells Reedsburg WI 1,600,000
STH 136 Intersection Const./
Intersection Improvement/RAB
Safety
1462 South Kinnickinnic Avenue St. Francis WI 700,000
Resurfacing Project
1463 US 14 (Wisconsin River to Oak Arena WI 2,000,000
Street) between Spring Green
& Madison
1464 Vliet Street Resurfacing Milwaukee WI 4,200,000
Project
1465 Hal Greer Boulevard Corridor Huntington WV 6,400,000
Upgrade
1466 Michael Angiulli Memorial North View WV 2,080,000
Bridge
1467 New Cumberland--WV 2 New Cumberland WV 3,200,000
1468 Princeton Overhead Bridge Princeton WV 3,600,000
1469 Rock Creek Interchange--New Rock Creek WV 10,000,000
Access Road
1470 Route 93 Scherr Overpass Scherr WV 3,120,000
1471 Van Voorhis Road Morgantown WV 6,800,000
1472 WVU PRT Passenger Stations Morgantown WV 4,800,000
Rehabilitation Project
1473 Excelsior Springs Safe Excelsior Springs MO 9,444,706
Streets and Sidewalks
1474 Fox River Regional Trail: Yorkville IL 240,000
Hoover Forest Preserve-Fox
River Bluffs Connecting
Trail Segment
1475 City of Red Wing Levee Road Red Wing MN 3,124,521
Realignment Project
----------------------------------------------------------------------------------------------------------------
SEC. 108. REPORT ON PROGRESS OF DBE PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Secretary of Transportation
shall submit to Congress a report on the disadvantaged business
enterprises program carried out by the Department of Transportation
pursuant to section 1101(c) of this division.
(b) Contents.--The report required under subsection (a) shall
include, at a minimum, the percentage and dollar amount of Federal
funds paid to small business concerns owned and controlled by socially
and economically disadvantaged individuals in the prior fiscal year for
each State and territory of the United States.
(c) Definitions.--The terms ``small business concern'' and
``socially and economically disadvantaged individuals'' have the
meanings given such terms in section 1101(c)(2).
DIVISION B--SURFACE TRANSPORTATION
SEC. 1001. APPLICABILITY OF DIVISION.
(a) Applicability.--This division, including the amendments made by
this division, applies beginning on October 1, 2022.
(b) Reference to Date of Enactment.--In this division and the
amendments made by this division, any reference to--
(1) the date of enactment of this Act;
(2) the date of enactment of a provision of this division;
(3) the date of enactment of a provision added to law by an
amendment made by this division; or
(4) the date of enactment of the INVEST in America Act
added to law by an amendment made by this division,
shall be treated as a reference to October 1, 2022.
(c) Exception for Immediate Application.--Subsections (a) and (b)
shall not apply to the following sections and any amendments made by
such sections:
(1) Section 1105.
(2) Section 1107.
(3) Section 1305.
(4) Subsections (c)(1) and (d) of section 2104.
(5) Section 2106.
(6) Section 2112.
(7) Section 2204(1)(A).
(8) Section 2305.
(9) Section 2307.
(10) Section 2902(2).
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the pre-disaster mitigation program under section
124 of such title, the railway crossings program under section
130 of such title, the surface transportation program under
section 133 of such title, the highway safety improvement
program under section 148 of such title, the congestion
mitigation and air quality improvement program under section
149 of such title, the clean corridors program under section
151 of such title, the national highway freight program under
section 167 of such title, the carbon pollution reduction
program under section 171 of such title, and metropolitan
planning under section 134 of such title--
(A) $56,522,048,429 for fiscal year 2023;
(B) $57,480,646,776 for fiscal year 2024;
(C) $58,595,359,712 for fiscal year 2025; and
(D) $59,618,666,186 for fiscal year 2026.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of title 23, United States Code, $250,000,000 for each of
fiscal years 2023 through 2026.
(3) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry terminal
facilities under section 147 of title 23, United States Code,
$120,000,000 for each of fiscal years 2023 through 2026.
(4) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23,
United States Code, $800,000,000 for each of fiscal
years 2023 through 2026.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of
title 23, United States Code, $555,000,000 for
each of fiscal years 2023 through 2026.
(ii) Allocation.--Of the amount made
available for a fiscal year under clause (i)--
(I) the amount for the National
Park Service is $400,000,000 for each
of fiscal years 2023 through 2026;
(II) the amount for the United
States Fish and Wildlife Service is
$50,000,000 for each of fiscal years
2023 through 2026;
(III) the amount for the United
States Forest Service is $50,000,000
for each of fiscal years 2023 through
2026;
(IV) the amount for the Corps of
Engineers is $16,000,000 for each of
fiscal years 2023 through 2026;
(V) the amount for the Bureau of
Land Management is $16,000,000 for each
of fiscal years 2023 through 2026;
(VI) the amount for the Bureau of
Reclamation is $16,000,000 for each of
fiscal years 2023 through 2026; and
(VII) the amount for independent
Federal agencies with natural resource
and land management responsibilities is
$7,000,000 for each of fiscal years
2023 through 2026.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code, $345,000,000 for each of fiscal
years 2023 through 2026.
(D) Federal lands and tribal major projects
grants.--To carry out section 208 of title 23, United
States Code, $400,000,000 for each of fiscal years 2023
through 2026.
(5) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, the amounts specified in
paragraphs (1) and (2) of section 165(a) for each of fiscal
years 2023 through 2026.
(6) Projects of national and regional significance.--For
projects of national and regional significance under section
117 of title 23, United States Code, $3,000,000,000 for each of
fiscal years 2023 through 2026.
(7) Community transportation investment grants.--To carry
out section 173 of title 23, United States Code, $600,000,000
for each of fiscal years 2023 through 2026.
(8) Community climate innovation grants.--To carry out
section 172 of title 23, United States Code, $250,000,000 for
each of fiscal years 2023 through 2026.
(9) National scenic byways program.--To carry out section
162 of title 23, United States Code, $16,000,000 for each of
fiscal year 2023 through 2026.
(10) Rebuild rural bridges program.-- To carry out section
1307 of this Act, $250,000,000 for each of fiscal years 2023
through 2026.
(11) Parking for commercial motor vehicles.--To carry out
section 1308 of this Act, $250,000,000 for each of fiscal years
2023 through 2026.
(12) Active connected transportation grant program.--To
carry out section 1309 of this Act, $250,000,000 for each of
fiscal years 2023 through 2026.
(13) Wildlife crossings program.--To carry out section 1310
of this Act, $100,000,000 for each of fiscal years 2023 through
2026.
(14) Reconnecting neighborhoods program.--To carry out
section 1311 of this Act, $750,000,000 for each of fiscal years
2023 through 2026.
(15) Metro performance program.--To carry out section 1305
of this Act, $250,000,000 for each of fiscal years 2023 through
2026.
(16) Gridlock reduction grant program.--To carry out
section 1306 of this Act, $500,000,000 for fiscal year 2023.
(b) Authorization for National Scenic Byways.--There is authorized
to be appropriated out of the general fund of the Treasury $39,000,000
for each of fiscal years 2023 through 2026 to carry out section 162 of
title 23, United States Code.
(c) Treatment of Funds.--Amounts made available under paragraphs
(10) through (14) of subsection (a) shall be administered as if
apportioned under chapter 1 of title 23, United States Code.
(d) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) despite the real improvements caused by the
disadvantaged business enterprise program, minority-
and women-owned businesses across the country continue
to confront serious and significant obstacles to
success caused by race and gender discrimination in the
federally assisted surface transportation market and
related markets across the United States;
(B) the continuing race and gender discrimination
described in subparagraph (A) merits the continuation
of the disadvantaged business enterprise program;
(C) recently, the disparities cause by
discrimination against African American, Hispanic
American, Asian American, Native American, and women
business owners have been further exacerbated by the
coronavirus pandemic and its disproportionate effects
on minority- and women-owned businesses across the
nation;
(D) Congress has received and reviewed testimony
and documentation of race and gender discrimination
from numerous sources, including congressional hearings
and other investigative activities, scientific reports,
reports issued by public and private agencies at every
level of government, news reports, academic
publications, reports of discrimination by
organizations and individuals, and discrimination
lawsuits, which continue to demonstrate that race- and
gender-neutral efforts alone are insufficient to
address the problem;
(E) the testimony and documentation described in
subparagraph (D) demonstrate that discrimination across
the United States poses an injurious and enduring
barrier to full and fair participation in surface
transportation-related businesses of women business
owners and minority business owners and has negatively
affected firm formation, development and success in
many aspects of surface transportation-related business
in the public and private markets; and
(F) the testimony and documentation described in
subparagraph (D) provide a clear picture of the
inequality caused by discrimination that continues to
plague our nation and a strong basis that there is a
compelling need for the continuation of the
disadvantaged business enterprise program to address
race and gender discrimination in surface
transportation-related business.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--The term ``small
business concern'' means a small business concern (as
the term is used in section 3 of the Small Business Act
(15 U.S.C. 632)).
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning given the
term in section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act, except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
(3) Amounts for small business concerns.--Except to the
extent that the Secretary of Transportation determines
otherwise, not less than 10 percent of the amounts made
available for any program under titles I, II, V, and VII of
this division and section 403 of title 23, United States Code,
shall be expended through small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
(4) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State,
including the location of the small business concerns
in the State; and
(B) notify the Secretary, in writing, of the
percentage of the small business concerns that are
controlled by--
(i) women;
(ii) socially and economically
disadvantaged individuals (other than women);
and
(iii) individuals who are women and are
otherwise socially and economically
disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary of Transportation
shall establish minimum uniform criteria for use by
State governments in certifying whether a concern
qualifies as a small business concern for the purpose
of this subsection.
(B) Inclusions.--The minimum uniform criteria
established under subparagraph (A) shall include, with
respect to a potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of
principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary of Transportation shall
establish minimum requirements for use by State governments in
reporting to the Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary
determines to be appropriate for the proper monitoring
of the disadvantaged business enterprise program.
(7) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity to
receive funds made available under titles I, II, V, and VII of
this division and section 403 of title 23, United States Code,
if the entity or person is prevented, in whole or in part, from
complying with paragraph (3) because a Federal court issues a
final order in which the court finds that a requirement or the
implementation of paragraph (3) is unconstitutional.
(8) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--
(A) the Secretary of Transportation should take
additional steps to ensure that recipients comply with
section 26.29 of title 49, Code of Federal Regulations
(the disadvantaged business enterprises prompt payment
rule), or any corresponding regulation, in awarding
federally funded transportation contracts under laws
and regulations administered by the Secretary; and
(B) such additional steps should include increasing
the Department of Transportation's ability to track and
keep records of complaints and to make that information
publicly available.
(9) Sense of congress on fulfilling certain contracts.--It
is the sense of Congress that contractors participating in a
federally funded transportation contract with a small business
concern owned and controlled by socially and economically
disadvantaged individuals should ensure that the percentage of
a contract promised to such small business concern is
fulfilled, unless prior approval is obtained consistent with
the regulations under part 26 of title 49, Code of Federal
Regulations.
(d) Limitation on Financial Assistance for State-Owned
Enterprises.--
(1) In general.--Funds provided under this section may not
be used in awarding or exercising an option on a previously
awarded contract, a contract, subcontract, grant, or loan to an
entity that is owned or controlled by, is a subsidiary of, or
is otherwise related legally or financially to a corporation
based in a country that--
(A) is identified as a nonmarket economy country
(as defined in section 771(18) of the Tariff Act of
1930 (19 U.S.C. 1677(18))) as of the date of enactment
of this Act;
(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
(2) Exception.--For purposes of paragraph (1), the term
``otherwise related legally or financially'' does not include a
minority relationship or investment.
(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
SEC. 1102. OBLIGATION LIMITATION.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $66,097,092,526 for fiscal year 2023;
(2) $66,570,608,070 for fiscal year 2024;
(3) $67,701,550,431 for fiscal year 2025; and
(4) $68,741,903,518 for fiscal year 2026.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (but, for
fiscal years 2016 through 2022, only in an amount equal to
$639,000,000 for each of those fiscal years);
(14) section 203 of title 23, United States Code (but, for
fiscal years 2023 through 2026, only in an amount equal to
$550,000,000 for each of those fiscal years); and
(15) section 133(d)(1)(B) of title 23, United States Code
(but, for fiscal years 2023 through 2026, only in an amount
equal to $89,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--Subject to paragraph
(1)(B), for each of fiscal years 2023 through 2026, the Secretary of
Transportation--
(1)(A) shall not distribute obligation authority provided
by subsection (a) for the fiscal year for--
(i) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code;
(ii) amounts authorized for the Bureau of
Transportation Statistics;
(iii) amounts authorized for the tribal
transportation program under section 202 of title 23,
United States Code; and
(iv) amounts authorized for the territorial and
Puerto Rico highway program under section 165(a) of
title 23, United States Code; and
(B) for each of fiscal years 2023 through 2026, in addition
to the amounts described in subparagraph (A), shall not
distribute obligation authority provided by subsection (a) for
the fiscal year for amounts authorized for the metro
performance program under section 1305 of this Act;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years, the funds for which are
allocated by the Secretary (or apportioned by the
Secretary under section 202 or 204 of title 23, United
States Code); and
(B) for which obligation authority was provided in
a previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection
(a) for the fiscal year, less the aggregate of amounts
not distributed under paragraphs (1) and (2) of this
subsection; bears to
(B) the total of--
(i) the sums authorized to be appropriated
for the Federal-aid highway and highway safety
construction programs, other than sums
authorized to be appropriated for--
(I) provisions of law described in
paragraphs (1) through (13) of
subsection (b);
(II) section 203 of title 23,
United States Code, equal to the amount
referred to in subsection (b)(14) for
the fiscal year; and
(III) section 133(d)(1)(B) of title
23, United States Code, equal to the
amount referred to in subsection
(b)(15) for the fiscal year; less
(ii) the aggregate of the amounts not
distributed under paragraphs (1) and (2) of
this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2), for each of the programs (other
than programs to which paragraph (1) applies) that are
allocated by the Secretary under this Act and title 23, United
States Code, or apportioned by the Secretary under section 202
or 204 of such title, by multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the surface transportation program in section
133(d)(1)(B) of title 23, United States Code, that are exempt
from the limitation under subsection (b)(15) and the amounts
apportioned under sections 202 and 204 of such title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for the fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
the fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary of Transportation shall, after August 1
of each of fiscal years 2023 through 2026--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under section
104 of title 23, United States Code.
(e) Special Limitation.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for--
(A) transportation research programs carried out
under chapter 5 of title 23, United States Code, and
title V of this Act; and
(B) the metro performance program under section
1305 of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(f) Lop-Off.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2023 through 2026, the Secretary of
Transportation shall distribute to the States any funds that--
(A) are authorized to be appropriated for the
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for the fiscal
year because of the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.
Section 101 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), (13), (14),
(15), (16), (17), (18), (19), (20), (21), (22), (23),
(24), (25), (26), (27), (28), (29), (30), (31), (32),
(33), and (34) as paragraphs (2), (4), (5), (7), (9),
(11), (12), (13), (14), (15), (17), (18), (19), (20),
(21), (22), (24), (25), (26), (27), (29), (30), (33),
(34), (35), (36), (37), (38), (39), (43), (44), (45),
(46), and (47), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Adaptation.--The term `adaptation' means an
adjustment in natural or human systems in anticipation of, or
in response to, a changing environment in a way that moderates
negative effects of extreme events or climate change.'';
(C) by inserting before paragraph (4), as so
redesignated, the following:
``(3) Areas of persistent poverty.--The term `areas of
persistent poverty' means--
``(A) any county that has had 20 percent or more of
the population of such county living in poverty over
the past 30 years, as measured by the 1990 and 2000
decennial censuses and the most recent Small Area
Income and Poverty Estimates;
``(B) any census tract with a poverty rate of at
least 20 percent, as measured by the most recent 5-year
data series available from the American Community
Survey of the Bureau of the Census for all States and
Puerto Rico; or
``(C) any other territory or possession of the
United States that has had 20 percent or more of its
population living in poverty over the past 30 years, as
measured by the 1990, 2000, and 2010 decennial
censuses, or equivalent data, of the Bureau of the
Census.''.
(D) by inserting after paragraph (5), as so
redesignated, the following:
``(6) Climate change.--The term `climate change' means any
significant change in the measures of climate lasting for an
extended period of time, and may include major changes in
temperature, precipitation, wind patterns, or sea level, among
others, that occur over several decades or longer.'';
(E) in paragraph (7)(A), as so redesignated, by
inserting ``assessing resilience,'' after
``surveying,'';
(F) by inserting after paragraph (7), as so
redesignated, the following:
``(8) Context sensitive design principles.--The term
`context sensitive design principles' means principles for the
design of a public road that--
``(A) provides for the safe and adequate
accommodation, in all phases of project planning,
design, and development, transportation facilities for
users, including pedestrians, bicyclists, public
transportation users, children, older individuals,
individuals with disabilities, motorists, and freight
vehicles; and
``(B) considers the context in which the facility
is planned to be constructed to determine the
appropriate facility design.'';
(G) by inserting after paragraph (9), as so
redesignated, the following:
``(10) Evacuation route.--The term `evacuation route' means
a transportation route or system that--
``(A) is used to transport--
``(i) the public away from an emergency
event; or
``(ii) first responders and recovery
resources in the event of an emergency; and
``(B) is identified, consistent with sections
134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the
eligible entity with jurisdiction over the area in
which the route is located for the purposes described
in subparagraph (A).'';
(H) by inserting after paragraph (15), as so
redesignated, the following:
``(16) Greenhouse gas.--The term `greenhouse gas' has the
meaning given the term in section 211(o)(1)(G) of the Clean Air
Act (42 U.S.C. 7545(o)(1)(G)).'';
(I) by inserting after paragraph (22), as so
redesignated, the following:
``(23) Natural infrastructure.--
``(A) In general.--The term `natural
infrastructure' means infrastructure that uses,
restores, or emulates natural ecological processes
that--
``(i) is created through the action of
natural physical, geological, biological, and
chemical processes over time;
``(ii) is created by human design,
engineering, and construction to emulate or act
in concert with natural processes; or
``(iii) involves the use of plants, soils,
and other natural features, including through
the creation, restoration, or preservation of
vegetated areas using materials appropriate to
the region to manage stormwater and runoff, to
attenuate flooding and storm surges, and for
other related purposes.
``(B) Inclusion.--The term `natural infrastructure'
includes green infrastructure and nature-based
solutions.'';
(J) by inserting after paragraph (27), as so
redesignated, the following:
``(28) Protective feature.--
``(A) In general.--The term `protective feature'
means an improvement to a highway, bridge, or other
transportation facility designed to increase resilience
or mitigate the risk of recurring damage or the cost of
future repairs from climate change effects (including
sea level rise), flooding, and extreme events or other
natural disasters (including wildfires, seismic
activity, and landslides).
``(B) Inclusions.--The term `protective feature'
includes--
``(i) raising roadway grades;
``(ii) relocating roadways to higher ground
above projected flood elevation levels or away
from slide prone areas;
``(iii) stabilizing slide areas, including
areas that are at risk of flooding, rockslides,
and mudslides following a wildfire;
``(iv) stabilizing slopes;
``(v) lengthening or raising bridges to
increase waterway openings;
``(vi) increasing the size or number of
drainage structures;
``(vii) replacing culverts with bridges or
upsizing culverts;
``(viii) installing seismic retrofits on
bridges;
``(ix) scour, stream stability, coastal,
and other hydraulic countermeasures;
``(x) the use of natural infrastructure;
``(xi) integration of the use of
traditional and natural infrastructure
features;
``(xii) undergrounding public utilities in
the course of other infrastructure improvements
eligible under this title; and
``(xiii) permeable pavements for stormwater
management.'';
(K) by inserting after paragraph (30), as so
redesignated, the following:
``(31) Repeatedly damaged facility.--The term `repeatedly
damaged facility' means a road, highway, or bridge that has
required repair and reconstruction activities on 2 or more
occasions due to natural disasters or catastrophic failures
resulting in emergencies declared by the Governor of the State
in which the road, highway, or bridge is located or emergencies
or major disasters declared by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
``(32) Resilience.--
``(A) In general.--The term `resilience' means,
with respect to a facility, the ability to--
``(i) anticipate, prepare for, or adapt to
conditions; or
``(ii) withstand, respond to, or recover
rapidly from disruptions.
``(B) Inclusions.--Such term includes, with respect
to a facility, the ability to--
``(i) resist hazards or withstand impacts
from disruptions;
``(ii) reduce the magnitude, duration, or
impact of a disruption; or
``(iii) have the absorptive capacity,
adaptive capacity, and recoverability to
decrease vulnerability to a disruption.''; and
(L) by inserting after paragraph (39), as so
redesignated, the following:
``(40) Transportation demand management; tdm.--The terms
`transportation demand management' and `TDM' mean the use of
strategies to inform and encourage travelers to maximize the
efficiency of a transportation system leading to improved
mobility, reduced congestion, and lower vehicle emissions.
``(41) Transportation demand management strategies.--The
term `transportation demand management strategies' means the
use of planning, programs, policy, marketing, communications,
incentives, pricing, data, and technology to shift travel mode,
routes used, departure times, number of trips, and location and
design of work spaces or public attractions.
``(42) Transportation system access.--The term
`transportation system access' means the ability to travel by
automobile, public transportation, pedestrian, and bicycle
networks, measured by travel time, taking into consideration--
``(A) the impacts of the level of travel stress for
non-motorized users;
``(B) costs for low-income travelers; and
``(C) the extent to which transportation access is
impacted by zoning policies and land use planning
practices that effect the affordability, elasticity,
and diversity of the housing supply.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``Defense,'' and
inserting ``Defense Highways,'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking
``Century'' and inserting ``century'';
(ii) in subparagraph (G) by striking ``;
and'' and inserting a semicolon;
(iii) in subparagraph (H) by striking
``Century.'' and inserting ``century;''; and
(iv) by adding at the end the following:
``(I) safety is the highest priority of the
Department of Transportation, and the Secretary and
States should take all actions necessary to meet the
transportation needs of the 21st century for all road
users;
``(J) climate change presents a significant risk to
safety, the economy, and national security, and
reducing the contributions of the transportation system
to the Nation's total carbon pollution is critical; and
``(K) the Secretary and States should take
appropriate measures and ensure investments to increase
the resilience of the Nation's transportation
system.''; and
(C) in paragraph (4)(A) by inserting ``while
ensuring that environmental protections are
maintained'' after ``review process''.
SEC. 1104. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States Code, is
amended--
(1) in subsection (a)(1) by striking subparagraphs (A)
through (E) and inserting the following:
``(A) $530,000,000 for fiscal year 2023;
``(B) $543,000,000 for fiscal year 2024;
``(C) $557,000,000 for fiscal year 2025; and
``(D) $572,000,000 for fiscal year 2026.'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Division Among Programs of State's Share of Base
Apportionment.--The Secretary shall distribute the amount of the base
apportionment apportioned to a State for a fiscal year under subsection
(c) among the covered programs as follows:
``(1) National highway performance program.--For the
national highway performance program, 55.09 percent of the
amount remaining after distributing amounts under paragraphs
(4), (6), (7), and (10).
``(2) Surface transportation program.--For the surface
transportation program, 28.43 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), (7), and
(10).
``(3) Highway safety improvement program.--For the highway
safety improvement program, 6.19 percent of the amount
remaining after distributing amounts under paragraphs (4), (6),
(7), and (10).
``(4) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation
and air quality improvement program, an amount
determined for the State under subparagraphs (B) and
(C).
``(B) Total amount.--The total amount for the
congestion mitigation and air quality improvement
program for all States shall be--
``(i) $2,913,925,833 for fiscal year 2023;
``(ii) $2,964,919,535 for fiscal year 2024;
``(iii) $3,024,217,926 for fiscal year
2025; and
``(iv) $3,078,653,849 for fiscal year 2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the amount
for the congestion mitigation and air quality
improvement program under subparagraph (B) so that each
State receives an amount equal to the proportion that--
``(i) the amount apportioned to the State
for the congestion mitigation and air quality
improvement program for fiscal year 2020; bears
to
``(ii) the total amount of funds
apportioned to all States for such program for
fiscal year 2020.
``(5) National highway freight program.--For the national
highway freight program, 3.38 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), (7), and
(10).
``(6) Metropolitan planning.--
``(A) In general.--For metropolitan planning, an
amount determined for the State under subparagraphs (B)
and (C).
``(B) Total amount.--The total amount for
metropolitan planning for all States shall be--
``(i) $507,500,000 for fiscal year 2023;
``(ii) $516,381,250 for fiscal year 2024;
``(iii) $526,708,875 for fiscal year 2025;
and
``(iv) $536,189,635 for fiscal year 2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the amount
for metropolitan planning under subparagraph (B) so
that each State receives an amount equal to the
proportion that--
``(i) the amount apportioned to the State
for metropolitan planning for fiscal year 2020;
bears to
``(ii) the total amount of funds
apportioned to all States for metropolitan
planning for fiscal year 2020.
``(7) Railway crossings.--
``(A) In general.--For the railway crossings
program, an amount determined for the State under
subparagraphs (B) and (C).
``(B) Total amount.--The total amount for the
railway crossings program for all States shall be
$245,000,000 for each of fiscal years 2023 through
2026.
``(C) State share.--
``(i) In general.--For each fiscal year,
the Secretary shall distribute among the States
the amount for the railway crossings program
under subparagraph (B) as follows:
``(I) 50 percent of the amount for
a fiscal year shall be apportioned to
States by the formula set forth in
section 104(b)(3)(A) (as in effect on
the day before the date of enactment of
MAP-21).
``(II) 50 percent of the amount for
a fiscal year shall be apportioned to
States in the ratio that total public
railway-highway crossings in each State
bears to the total of such crossings in
all States.
``(ii) Minimum apportionment.--
Notwithstanding clause (i), for each fiscal
year, each State shall receive a minimum of
one-half of 1 percent of the total amount for
the railway crossings program for such fiscal
year under subparagraph (B).
``(8) Predisaster mitigation program.--For the predisaster
mitigation program, 2.96 percent of the amount remaining after
distributing amounts under paragraphs (4), (6), (7), and (10).
``(9) Carbon pollution reduction program.--For the carbon
pollution reduction program, 3.95 percent of the amount
remaining after distributing amounts under paragraphs (4), (6),
(7), and (10).
``(10) Clean corridors.--
``(A) In general.--For the clean corridors program,
an amount determined for the State under subparagraphs
(B) and (C).
``(B) Total amount.--The total amount for the clean
corridors program for all States shall be
$1,000,000,000 for each of fiscal years 2023 through
2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the total
amount for the clean corridors program under
subparagraph (B) so that each State receives the amount
equal to the proportion that--
``(i) the total base apportionment
determined for the State under subsection (c);
bears to
``(ii) the total base apportionments for
all States under subsection (c).
``(c) Calculation of Amounts.--
``(1) State share.--For each of fiscal years 2023 through
2026, the amount for each State shall be determined as follows:
``(A) Initial amounts.--The initial amounts for
each State shall be determined by multiplying--
``(i) each of--
``(I) the base apportionment; and
``(II) supplemental funds reserved
under subsection (h)(1) for the highway
safety improvement program; by
``(ii) the share for each State, which
shall be equal to the proportion that--
``(I) the amount of apportionments
that the State received for fiscal year
2020; bears to
``(II) the amount of those
apportionments received by all States
for fiscal year 2020.
``(B) Adjustments to amounts.--The initial amounts
resulting from the calculation under subparagraph (A)
shall be adjusted to ensure that each State receives an
aggregate apportionment equal to at least 95 percent of
the estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most
recent fiscal year for which data are available.
``(2) State apportionment.--On October 1 of fiscal years
2023 through 2026, the Secretary shall apportion the sums
authorized to be appropriated for expenditure on the covered
programs in accordance with paragraph (1).'';
(3) in subsection (d)(1)(A)--
(A) in clause (i) by striking ``paragraphs (5)(D)
and (6) of subsection (b)'' and inserting ``subsection
(b)(6)''; and
(B) in clause (ii) by striking ``paragraphs (5)(D)
and (6) of subsection (b)'' and inserting ``subsection
(b)(6)''; and
(4) by striking subsections (h) and (i) and inserting the
following:
``(h) Supplemental Funds.--
``(1) Amount.--Before making an apportionment for a fiscal
year under subsection (c), the Secretary shall reserve for the
highway safety improvement program under section 148
$500,000,000 for each of fiscal years 2023 through 2026 for the
purpose of the safe streets set-aside under section 148(m).
``(2) Treatment of funds.--Funds reserved under paragraph
(1) and apportioned to a State under subsection (c) shall be
treated as if apportioned under subsection (b)(3), and shall be
in addition to amounts apportioned under such subsection.
``(i) Definitions.--In this section:
``(1) Base apportionment.--The term `base apportionment'
means--
``(A) the combined amount authorized for the
covered programs; minus
``(B) the supplemental funds reserved under
subsection (h) for the highway safety improvement
program.
``(2) Covered programs.--The term `covered programs'
means--
``(A) the national highway performance program
under section 119;
``(B) the surface transportation program under
section 133;
``(C) the highway safety improvement program under
section 148;
``(D) the congestion mitigation and air quality
improvement program under section 149;
``(E) the national highway freight program under
section 167;
``(F) metropolitan planning under section 134;
``(G) the railway crossings program under section
130;
``(H) the predisaster mitigation program under
section 124;
``(I) the carbon pollution reduction program under
section 171; and
``(J) the clean corridors program under section
151.''.
(b) Federal Share Payable.--Section 120(c)(3) of title 23, United
States Code, is amended--
(1) in subparagraph (A) by striking ``(5)(D),''; and
(2) in subparagraph (C)(i) by striking ``(5)(D),''.
(c) Metropolitan Transportation Planning; Title 23.--Section 134(p)
of title 23, United States Code, is amended by striking ``paragraphs
(5)(D) and (6) of section 104(b)'' and inserting ``section 104(b)(6)''.
(d) Statewide and Nonmetropolitan Transportation Planning.--Section
135(i) of title 23, United States Code, is amended by striking
``paragraphs (5)(D) and (6) of section 104(b)'' and inserting ``section
104(b)(6)''.
(e) Metropolitan Transportation Planning; Title 49.--Section
5303(p) of title 49, United States Code, is amended by striking
``section 104(b)(5)'' and inserting ``section 104(b)(6)''.
SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
Section 105 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``FAST Act'' and
inserting ``INVEST in America Act'';
(2) in subsection (c)--
(A) in paragraph (1)(A) by striking ``to be
appropriated'' each place it appears; and
(B) by adding at the end the following:
``(4) Special rule.--
``(A) Adjustment.--In making an adjustment under
paragraph (1) for an allocation, reservation, or set-
aside from an amount authorized from the Highway
Account or Mass Transit Account described in
subparagraph (B), the Secretary shall--
``(i) determine the ratio that--
``(I) the amount authorized to be
appropriated for the allocation,
reservation, or set-aside from the
account for the fiscal year; bears to
``(II) the total amount authorized
to be appropriated for such fiscal year
for all programs under such account;
``(ii) multiply the ratio determined under
clause (i) by the amount of the adjustment
determined under subsection (b)(1)(B); and
``(iii) adjust the amount that the
Secretary would have allocated for the
allocation, reservation, or set-aside for such
fiscal year but for this section by the amount
calculated under clause (ii).
``(B) Allocations, reservations, and set-asides.--
The allocations, reservations, and set-asides described
in this subparagraph are--
``(i) from the amount made available for a
fiscal year for the Federal lands
transportation program under section 203, the
amounts allocated for a fiscal year for the
National Park Service, the United States Fish
and Wildlife Service, the United States Forest
Service, the Corps of Engineers, the Bureau of
Land Management, the Bureau of Reclamation, and
independent Federal agencies with natural
resource and land management responsibilities;
``(ii) the amount made available for the
Puerto Rico highway program under section
165(a)(1);
``(iii) the amount made available for the
territorial highway program under section
165(a)(2);
``(iv) from the amounts made available for
a fiscal year for the urbanized areas formula
grants under section 5307 of title 49, the
amounts allocated for a fiscal year for the
passenger ferry grant program under section
5307(h) of such title;
``(v) from the amounts made available for a
fiscal year for the formula grants for rural
areas under section 5311 of such title, the
amounts allocated for a fiscal year for public
transportation on Indian reservations;
``(vi) from the amounts made available for
a fiscal year for the public transportation
innovation program under section 5312 of such
title--
``(I) the amounts allocated for the
zero emission vehicle component
assessment under section 5312(h) of
such title; and
``(II) the amounts allocated for
the transit cooperative research
program under section 5312(i) of such
title;
``(vii) from the amounts made available for
a fiscal year for the technical assistance and
workforce development program of section 5314
of such title, the amounts allocated for the
national transit institute under section
5314(c) of such title;
``(viii) from the amounts made available
for a fiscal year for the bus and bus
facilities program under section 5339 of such
title, the amounts allocated for a fiscal year
for the zero emission grants under section
5339(c) of such title;
``(ix) the amounts made available for
growing States under section 5340(c) of such
title; and
``(x) the amounts made available for high
density states under section 5340(d) of such
title.'';
(3) in subsection (d) by inserting ``and section 5324 of
title 49'' after ``section 125'';
(4) in subsection (e)--
(A) by striking ``There is authorized'' and
inserting ``For fiscal year 2023 and each fiscal year
thereafter, there is authorized''; and
(B) by striking ``for any of fiscal years 2017
through 2020''; and
(5) in subsection (f)(1) by striking ``section 1102 or 3018
of the FAST Act'' and inserting ``any other provision of law''.
SEC. 1106. TRANSPARENCY.
(a) Apportionment.--Section 104 of title 23, United States Code, is
amended by striking subsection (g) and inserting the following:
``(g) Highway Trust Fund Transparency and Accountability Reports.--
``(1) Requirement.--
``(A) In general.--The Secretary shall compile data
in accordance with this subsection on the use of
Federal-aid highway funds made available under this
title.
``(B) User friendly data.--The data compiled under
subparagraph (A) shall be in a user friendly format
that can be searched, downloaded, disaggregated, and
filtered by data category.
``(2) Project data.--
``(A) In general.--Not later than 120 days after
the end of each fiscal year, the Secretary shall make
available on the website of the Department of
Transportation a report that describes--
``(i) the location of each active project
within each State during such fiscal year,
including in which congressional district or
districts such project is located;
``(ii) the total cost of such project;
``(iii) the amount of Federal funding
obligated for such project;
``(iv) the program or programs from which
Federal funds have been obligated for such
project;
``(v) whether such project is located in an
area of the State with a population of--
``(I) less than 5,000 individuals;
``(II) 5,000 or more individuals
but less than 50,000 individuals;
``(III) 50,000 or more individuals
but less than 200,001 individuals; or
``(IV) greater than 200,000
individuals;
``(vi) whether such project is located in
an area of persistent poverty;
``(vii) the type of improvement being made
by such project, including categorizing such
project as--
``(I) a road reconstruction
project;
``(II) a new road construction
project;
``(III) a new bridge construction
project;
``(IV) a bridge rehabilitation
project; or
``(V) a bridge replacement project;
and
``(viii) the functional classification of
the roadway on which such project is located.
``(B) Interactive map.--In addition to the data
made available under subparagraph (A), the Secretary
shall make available on the website of the Department
of Transportation an interactive map that displays, for
each active project, the information described in
clauses (i) through (v) of subparagraph (A).
``(3) State data.--
``(A) Apportioned and allocated programs.--The
website described in paragraph (2)(A) shall be updated
annually to display the Federal-aid highway funds
apportioned and allocated to each State under this
title, including--
``(i) the amount of funding available for
obligation by the State, including prior
unobligated balances, at the start of the
fiscal year;
``(ii) the amount of funding obligated by
the State during such fiscal year;
``(iii) the amount of funding remaining
available for obligation by the State at the
end of such fiscal year; and
``(iv) changes in the obligated, unexpended
balance for the State.
``(B) Programmatic data.--The data described in
subparagraph (A) shall include--
``(i) the amount of funding by each
apportioned and allocated program for which the
State received funding under this title;
``(ii) the amount of funding transferred
between programs by the State during the fiscal
year using the authority provided under section
126; and
``(iii) the amount and program category of
Federal funds exchanged as described in section
106(g)(6).
``(4) Definitions.--In this subsection:
``(A) Active project.--
``(i) In general.--The term `active
project' means a Federal-aid highway project
using funds made available under this title on
which those funds were obligated or expended
during the fiscal year for which the estimated
total cost as of the start of construction is
greater than $5,000,000.
``(ii) Exclusion.--The term `active
project' does not include any project for which
funds are transferred to agencies other than
the Federal Highway Administration.
``(B) Interactive map.--The term `interactive map'
means a map displayed on the public website of the
Department of Transportation that allows a user to
select and view information for each active project,
State, and congressional district.
``(C) State.--The term `State' means any of the 50
States or the District of Columbia.''.
(b) Project Approval and Oversight.--Section 106 of title 23,
United States Code, is amended--
(1) in subsection (g)--
(A) in paragraph (4) by striking subparagraph (B)
and inserting the following:
``(B) Assistance to states.--The Secretary shall--
``(i) develop criteria for States to use to
make the determination required under
subparagraph (A); and
``(ii) provide training, guidance, and
other assistance to States and subrecipients as
needed to ensure that projects administered by
subrecipients comply with the requirements of
this title.
``(C) Periodic review.--The Secretary shall review,
not less frequently than every 2 years, the monitoring
of subrecipients by the States.''; and
(B) by adding at the end the following:
``(6) Federal funding exchange programs.--
``(A) In general.--If a State allows a subrecipient
to exchange Federal funds provided under this title
that are allocated to such subrecipient for State or
local funds, the State must certify to the Secretary
that the State--
``(i) has prevailing wage requirements that
are comparable to the requirements under
section 113 that apply to the use of such State
or local funds; and
``(ii) shall ensure that the prevailing
wage requirements described in clause (i) apply
to the use of such State or local funds.
``(B) Applicability.--The requirements of this
paragraph shall apply only if the requirements of
section 113 would be applicable to a covered project if
such project was carried out using Federal funds.
``(C) Covered project defined.--In this paragraph,
the term `covered project' means a project carried out
with exchanged State or local funds as described in
subparagraph (A).'';
(2) in subsection (h)(3)--
(A) in subparagraph (B) by striking ``, as
determined by the Secretary,''; and
(B) in subparagraph (D) by striking ``shall
assess'' and inserting ``in the case of a project
proposed to be advanced as a public-private
partnership, shall include a detailed value for money
analysis or comparable analysis to determine''; and
(3) by adding at the end the following:
``(k) Megaprojects.--
``(1) Comprehensive risk management plan.--To be authorized
for the construction of a megaproject, the recipient of Federal
financial assistance under this title for such megaproject
shall submit to the Secretary a comprehensive risk management
plan that contains--
``(A) a description of the process by which the
recipient will identify, quantify, and monitor the
risks, including natural hazards, that might result in
cost overruns, project delays, reduced construction
quality, or reductions in benefits with respect to the
megaproject;
``(B) examples of mechanisms the recipient will use
to track risks identified pursuant to subparagraph (A);
``(C) a plan to control such risks; and
``(D) such assurances as the Secretary determines
appropriate that the recipient shall, with respect to
the megaproject--
``(i) regularly submit to the Secretary
updated cost estimates; and
``(ii) maintain and regularly reassess
financial reserves for addressing known and
unknown risks.
``(2) Peer review group.--
``(A) In general.--Not later than 90 days after the
date on which a megaproject is authorized for
construction, the recipient of Federal financial
assistance under this title for such megaproject shall
establish a peer review group for such megaproject that
consists of at least 5 individuals (including at least
1 individual with project management experience) to
give expert advice on the scientific, technical, and
project management aspects of the megaproject.
``(B) Membership.--
``(i) In general.--Not later than 180 days
after the date of enactment of this subsection,
the Secretary shall establish guidelines
describing how a recipient described in
subparagraph (A) shall--
``(I) recruit and select members
for a peer review group established
under such subparagraph; and
``(II) make publicly available the
criteria for such selection and
identify the members so selected.
``(ii) Conflict of interest.--No member of
a peer review group for a megaproject may have
a direct or indirect financial interest in such
megaproject.
``(C) Tasks.--A peer review group established under
subparagraph (A) by a recipient of Federal financial
assistance for a megaproject shall--
``(i) meet annually until completion of the
megaproject;
``(ii) not later than 90 days after the
date of the establishment of the peer review
group and not later than 90 days after the date
of any significant change, as determined by the
Secretary, to the scope, schedule, or budget of
the megaproject, review the scope, schedule,
and budget of the megaproject, including
planning, engineering, financing, and any other
elements determined appropriate by the
Secretary; and
``(iii) submit to the Secretary, Congress,
and such recipient a report on the findings of
each review under clause (ii).
``(3) Transparency.--Not later than 90 days after the
submission of a report under paragraph (2)(C)(iii), the
Secretary shall publish on the website of the Department of
Transportation such report.
``(4) Megaproject defined.--In this subsection, the term
`megaproject' means a project under this title that has an
estimated total cost of $2,000,000,000 or more, and such other
projects as may be identified by the Secretary.
``(l) Special Experimental Projects.--
``(1) Public availability.--The Secretary shall publish on
the website of the Department of Transportation a copy of all
letters of interest, proposals, workplans, and reports related
to the special experimental project authority pursuant to
section 502(b). The Secretary shall redact confidential
business information, as necessary, from any such information
published.
``(2) Notification.--Not later than 3 days before making a
determination to proceed with an experiment under a letter of
interest described in paragraph (1), the Secretary shall
provide notification and a description of the proposed
experiment to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
``(3) Report to congress.--Not later than 2 years after the
date of enactment of the INVEST in America Act, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that includes--
``(A) a summary of each experiment described in
this subsection carried out over the previous 5 years;
and
``(B) legislative recommendations, if any, based on
the findings of such experiments.
``(m) Competitive Grant Program Oversight and Accountability.--
``(1) In general.--To ensure the accountability and
oversight of the discretionary grant selection process
administered by the Secretary, a covered program shall be
subject to the requirements of this section, in addition to the
requirements applicable to each covered program.
``(2) Application process.--The Secretary shall--
``(A) develop a template for applicants to use to
summarize--
``(i) project needs and benefits; and
``(ii) any factors, requirements, or
considerations established for the applicable
covered program;
``(B) create a data driven process to evaluate, as
set forth in the covered program, each eligible project
for which an application is received; and
``(C) make a determination, based on the evaluation
made pursuant to subparagraph (B), on any ratings,
rankings, scores, or similar metrics for applications
made to the covered program.
``(3) Notification of congress.--Not less than 15 days
before making a grant for a covered program, the Secretary
shall notify, in writing, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on the Environment and Public Works of the Senate
of--
``(A) the amount for each project proposed to be
selected;
``(B) a description of the review process;
``(C) for each application, the determination made
under paragraph (2)(C); and
``(D) a detailed explanation of the basis for each
award proposed to be selected.
``(4) Notification of applicants.--Not later than 30 days
after making a grant for a project under a covered program, the
Secretary shall send to all applicants under such covered
program, and publish on the website of the Department of
Transportation--
``(A) a summary of each application made to the
covered program for the given round of funding; and
``(B) the evaluation and justification for the
project selection, including all ratings, rankings,
scores, or similar metrics for applications made to the
covered program for the given round of funding during
each phase of the grant selection process.
``(5) Briefing.--The Secretary shall provide, at the
request of a grant applicant of a covered program, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(6) Template.--The Secretary shall, to the extent
practicable, develop a template as described in paragraph
(2)(A) for any discretionary program administered by the
Secretary that is not a covered program.
``(7) Covered program defined.--The term `covered program'
means each of the following discretionary grant programs:
``(A) Community climate innovation grants under
section 172.
``(B) Federal lands and tribal major projects
grants under section 208.
``(C) Mobility through advanced technologies grants
under section 503(c)(4).
``(D) Rebuild rural bridges program under section
1307 of the INVEST in America Act.
``(E) Parking for commercial motor vehicle grants
under section 1308 of the INVEST in America Act.
``(F) Active connected transportation grants under
section 1309 of the INVEST in America Act.
``(G) Wildlife crossings grants under section 1310
of the INVEST in America Act.
``(H) Reconnecting neighborhoods capital
construction grants under section 1311(d) of the INVEST
in America Act.''.
(c) Division Office Consistency.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that--
(1) analyzes the consistency of determinations among
division offices of the Federal Highway Administration; and
(2) makes recommendations to improve the consistency of
such determinations.
(d) Improving Risk Based Stewardship and Oversight.--Not later than
180 days after the date of enactment of this Act, the Administrator of
the Federal Highway Administration shall reference U.S. DOT Office of
Inspector General Report No. ST2020035 and take the following actions,
as necessary, to improve the risk based stewardship and oversight of
the Federal Highway Administration:
(1) Update and implement Federal Highway Administration
guidance for risk-based project involvement to clarify the
requirements for its project risk-assessment process, including
expectations for conducting and documenting the risk assessment
and criteria to guide the reevaluation of project risks.
(2) Identify and notify division offices of the Federal
Highway Administration about sources of information that can
inform the project risk-assessment process.
(3) Update and implement Federal Highway Administration
guidance for risk-based project involvement to clarify how the
link between elevated risks and associated oversight
activities, changes to oversight actions, and the results of
its risk-based involvement should be documented in project
oversight plans.
(4) Develop and implement a process to routinely monitor
the implementation and evaluate the effectiveness of Federal
Highway Administration risk-based project involvement.
SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET DESIGN.
(a) Standards.--Section 109 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``planned future
traffic of the highway in a manner that is conducive
to'' and inserting ``future operational performance of
the facility in a manner that enhances''; and
(B) in paragraph (2) by inserting ``, taking into
consideration context sensitive design principles''
after ``each locality'';
(2) in subsection (b)--
(A) by striking ``The geometric'' and inserting
``Design Criteria for the Interstate System.--The
geometric''; and
(B) by striking ``the types and volumes of traffic
anticipated for such project for the twenty-year period
commencing on the date of approval by the Secretary,
under section 106 of this title, of the plans,
specifications, and estimates for actual construction
of such project'' and inserting ``the existing and
future operational performance of the facility'';
(3) in subsection (c)(1)--
(A) in subparagraph (C) by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(E) context sensitive design principles.'';
(4) by striking subsection (o) and inserting the following:
``(o) Compliance With State Laws for Non-NHS Projects.--
``(1) In general.--Projects (other than highway projects on
the National Highway System) shall--
``(A) be designed, constructed, operated, and
maintained in accordance with State laws, regulations,
directives, safety standards, design standards, and
construction standards; and
``(B) take into consideration context sensitive
design principles.
``(2) Design flexibility.--
``(A) In general.--
``(i) In general.--A local jurisdiction may
select the most appropriate design publication
for the roadway context in which the local
jurisdiction is located for the design of a
project on a roadway (other than a highway on
the National Highway System) if--
``(I) the local jurisdiction
provides notification and justification
of the use of such design publication
to any State in which the project is
located; and
``(II) the design complies with all
other applicable Federal and State
laws.
``(ii) Review.--If a State rejects a local
jurisdiction's selection of a design
publication under this subparagraph, the local
jurisdiction may submit notification and
justification of such use to the Secretary. The
Secretary shall make a determination to approve
or deny such submission not later than 90 days
after receiving such submission.
``(B) State-owned roads.--In the case of a roadway
under the ownership of the State, the local
jurisdiction may select the most appropriate design
publication only with the concurrence of the State.
``(C) Programmatic basis.--The Secretary may
consider the use of a design publication under this
paragraph on a programmatic basis.''; and
(5) by adding at the end the following:
``(s) Context Sensitive Design.--
``(1) Context sensitive design principles.--The Secretary
shall consult with State and local officials prior to approving
any roadway design publications under this section to ensure
that the design publications provide adequate flexibility for a
project sponsor to select the appropriate design of a roadway,
consistent with context sensitive design principles.
``(2) Policies or procedures.--
``(A) In general.--Not later than 1 year after the
Secretary publishes the final guidance described in
paragraph (3), each State shall adopt policies or
procedures to evaluate the context of a proposed
roadway and select the appropriate design, consistent
with context sensitive design principles.
``(B) Local governments.--The Secretary and States
shall encourage local governments to adopt policies or
procedures described under subparagraph (A).
``(C) Considerations.--The policies or procedures
developed under this paragraph shall take into
consideration the guidance developed by the Secretary
under paragraph (3).
``(3) Guidance.--
``(A) In general.--
``(i) Notice.--Not later than 1 year after
the date of enactment of this subsection, the
Secretary shall publish guidance on the
official website of the Department of
Transportation on context sensitive design.
``(ii) Public review and comment.--The
guidance described in this paragraph shall be
finalized following an opportunity for public
review and comment.
``(iii) Update.--The Secretary shall
periodically update the guidance described in
this paragraph, including the model policies or
procedures described under subparagraph (B)(v).
``(B) Contents.--The guidance described in this
paragraph shall--
``(i) provide best practices for States,
metropolitan planning organizations, regional
transportation planning organizations, local
governments, or other project sponsors to
implement context sensitive design principles;
``(ii) identify opportunities to modify
planning, scoping, design, and development
procedures to more effectively combine modes of
transportation into integrated facilities that
meet the needs of each of such modes of
transportation in an appropriate balance;
``(iii) identify metrics to assess the
context of the facility, including surrounding
land use or roadside characteristics;
``(iv) assess the expected operational and
safety performance of facility design; and
``(v) establish model policies or
procedures, consistent with the findings of
such guidance, for a State or other project
sponsor to evaluate the context of a proposed
facility and select the appropriate facility
design for the context.
``(C) Topics of emphasis.--In addition to the
contents in subparagraph (B), the guidance shall
emphasize--
``(i) procedures for identifying the needs
of users of all ages and abilities of a
particular roadway;
``(ii) procedures for identifying the types
and designs of facilities needed to serve
various modes of transportation;
``(iii) safety and other benefits provided
by carrying out context sensitive design
principles;
``(iv) common barriers to carrying out
context sensitive design principles;
``(v) procedures for overcoming the most
common barriers to carrying out context
sensitive design principles;
``(vi) procedures for identifying the costs
associated with carrying out context sensitive
design principles;
``(vii) procedures for maximizing local
cooperation in the introduction of context
sensitive design principles and carrying out
those principles; and
``(viii) procedures for assessing and
modifying the facilities and operational
characteristics of existing roadways to improve
consistency with context sensitive design
principles.
``(4) Funding.--Amounts made available under sections
104(b)(6) and 505 of this title may be used for States, local
governments, metropolitan planning organizations, or regional
transportation planning organizations to adopt policies or
procedures to evaluate the context of a proposed roadway and
select the appropriate design, consistent with context
sensitive design principles.''.
(b) Conforming Amendment.--Section 1404(b) of the FAST Act (23
U.S.C. 109 note) is repealed.
SEC. 1108. FEDERAL SHARE.
(a) In General.--Section 120(c)(3)(B) of title 23, United States
Code, is amended--
(1) by striking clauses (i) and (ii) and inserting the
following:
``(i) prefabricated bridge elements and
systems, innovative materials, and other
technologies to reduce bridge construction
time, extend service life, and reduce
preservation costs, as compared to
conventionally designed and constructed
bridges;
``(ii) innovative construction equipment,
materials, techniques, or practices, including
the use of in-place recycling technology,
digital 3-dimensional modeling technologies,
and advanced digital construction management
systems;'';
(2) by redesignating clause (vi) as clause (ix);
(3) in clause (v) by striking ``or'' at the end; and
(4) by inserting after clause (v) the following:
``(vi) innovative pavement materials that
demonstrate reductions in--
``(I) greenhouse gas emissions
through sequestration or innovative
manufacturing processes; or
``(II) local air pollution,
stormwater runoff, or noise pollution;
``(vii) innovative culvert materials that
are made with recycled content and demonstrate
reductions in greenhouse gas emissions;
``(viii) contractual provisions that
provide safety contingency funds to incorporate
safety enhancements to work zones prior to or
during roadway construction and maintenance
activities; or''.
(b) Environmental Justice Communities.--Section 120(c) of title 23,
United States Code, is amended by adding at the end the following:
``(4) Environmental justice communities.--The Federal share
payable on account of a project, program, or activity carried
out with funds apportioned under section 104(b)(5) may be
increased by up to 10 percent, up to 100 percent of the total
project cost of any such project, program, or activity that the
Secretary determines benefits an environmental justice
community through reducing adverse environmental exposures that
may disproportionately impact such communities.''.
(c) Technical Amendment.--Section 107(a)(2) of title 23, United
States Code, is amended by striking ``subsection (c) of''.
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
Section 126(b) of title 23, United States Code, is amended--
(1) in the heading by inserting ``and Programs'' after
``Set-Asides'';
(2) in paragraph (1) by striking ``and 133(d)(1)(A)'' and
inserting ``, 130, 133(d)(1)(A), 133(h), 148(m), 149, 151(f),
and 171''; and
(3) by striking paragraph (2) and inserting the following:
``(2) Environmental programs.--With respect to an
apportionment under either paragraph (4) or paragraph (9) of
section 104(b), and notwithstanding paragraph (1), a State may
only transfer not more than 50 percent from the amount of the
apportionment of either such paragraph to the apportionment
under the other such paragraph in a fiscal year.''.
SEC. 1110. TOLLING.
(a) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129 of
title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Authorization.--Subject to the provisions of
this section, Federal participation shall be permitted
on the same basis and in the same manner as
construction of toll-free highways is permitted under
this chapter in the--
``(i) initial construction of a toll
highway, bridge, or tunnel or approach to the
highway, bridge, or tunnel;
``(ii) initial construction of 1 or more
lanes or other improvements that increase
capacity of a highway, bridge, or tunnel (other
than a highway on the Interstate System) and
conversion of that highway, bridge, or tunnel
to a tolled facility, if the number of toll-
free lanes, excluding auxiliary lanes, after
the construction is not less than the number of
toll-free lanes, excluding auxiliary lanes,
before the construction;
``(iii) initial construction of 1 or more
lanes or other improvements that increase the
capacity of a highway, bridge, or tunnel on the
Interstate System and conversion of that
highway, bridge, or tunnel to a tolled
facility, if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after such
construction is not less than the number of
toll-free non-HOV lanes, excluding auxiliary
lanes, before such construction;
``(iv) reconstruction, resurfacing,
restoration, rehabilitation, or replacement of
a toll highway, bridge, or tunnel or approach
to the highway, bridge, or tunnel;
``(v) reconstruction or replacement of a
toll-free bridge or tunnel and conversion of
the bridge or tunnel to a toll facility;
``(vi) reconstruction of a toll-free
Federal-aid highway (other than a highway on
the Interstate System) and conversion of the
highway to a toll facility;
``(vii) reconstruction, restoration, or
rehabilitation of a highway on the Interstate
System if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after
reconstruction, restoration, or rehabilitation
is not less than the number of toll-free non-
HOV lanes, excluding auxiliary lanes, before
reconstruction, restoration, or rehabilitation;
``(viii) conversion of a high occupancy
vehicle lane on a highway, bridge, or tunnel to
a toll facility, subject to the requirements of
section 166; and
``(ix) preliminary studies to determine the
feasibility of a toll facility for which
Federal participation is authorized under this
paragraph.
``(B) Agreement to toll.--
``(i) In general.--Before the Secretary may
authorize tolling under this subsection, the
public authority with jurisdiction over or that
operates a highway, bridge, or tunnel shall
enter into an agreement with the Secretary to
ensure compliance with the requirements of this
subsection.
``(ii) Applicability.--
``(I) In general.--The requirements
of this subparagraph shall apply to--
``(aa) Federal
participation under
subparagraph (A);
``(bb) any prior Federal
participation in the facility
proposed to be tolled; and
``(cc) conversion, with or
without Federal participation,
of a non-tolled lane on the
National Highway System to a
toll facility under
subparagraph (E).
``(II) HOV facility.--Except as
otherwise provided in this subsection
or section 166, the provisions of this
paragraph shall not apply to a high
occupancy vehicle facility.
``(iii) Major federal action.--Approval by
the Secretary of an agreement to toll under
this paragraph shall be considered a major
Federal action under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(C) Agreement conditions.--Prior to entering into
an agreement to toll under subparagraph (B), the public
authority shall certify to the Secretary that--
``(i) the public authority has established
procedures to ensure the toll meets the
purposes and requirements of this subsection;
``(ii) the toll facility shall provide for
access at no cost to public transportation
vehicles and over-the-road buses serving the
public; and
``(iii) the toll facility shall provide for
the regional interoperability of electronic
toll collection, including through technologies
or business practices.
``(D) Consideration of impacts.--
``(i) In general.--Prior to entering into
an agreement to toll under subparagraph (B),
the Secretary shall ensure the public authority
has adequately considered, including by
providing an opportunity for public comment,
the following factors within the corridor:
``(I) Congestion impacts on both
the toll facility and in the corridor
or cordon (including adjacent toll-free
facilities).
``(II) In the case of a non-
attainment or maintenance area, air
quality impacts.
``(III) Planned investments to
improve public transportation or other
non-tolled alternatives in the
corridor.
``(IV) Environmental justice and
equity impacts.
``(V) Impacts on freight movement.
``(VI) Economic impacts on
businesses.
``(ii) Consideration in environmental
review.--Nothing in this subparagraph shall
limit a public authority from meeting the
requirements of this subparagraph through the
environmental review process, as applicable.
``(E) Congestion pricing.--
``(i) In general.--The Secretary may
authorize conversion of a non-tolled lane on
the National Highway System to a toll facility
to utilize pricing to manage the demand to use
the toll 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 any planned
investments to improve public transportation or
other non-tolled alternatives in the corridor
are reasonably expected to improve mobility and
efficiency in 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 toll facility;
and
``(bb) that considers the
impacts of congestion pricing
of the toll facility 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 toll facility
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 toll facility are
failing to maintain a minimum average
operating speed 90 percent of the time
over a consecutive 180-day period
during peak hour periods.
``(II) Corridor or cordon
operation.--The public authority with
jurisdiction over or that operates the
toll facility shall consider options
that improve public transportation or
other non-tolled alternatives that
improve mobility and efficiency in the
corridor or cordon, including increased
person or freight throughput or reduced
person hours of delay.
``(III) Definition of minimum
average operating speed.--In this
subparagraph, the term `minimum average
operating speed' means--
``(aa) 35 miles per hour,
in the case of a toll facility
with a speed limit of 45 miles
per hour or greater; or
``(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.
``(IV) Efficient operation.--The
Secretary may set efficiency and
mobility performance standards as an
alternative to minimum operating speed
for a toll facility if determined
appropriate based on the context of
such toll facility.
``(v) Maintenance of operating
performance.--
``(I) In general.--Not later than
180 days after the date on which a toll
facility becomes degraded under clause
(iv), the public authority with
jurisdiction over the toll 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 toll facility 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 toll facility into
compliance with this subparagraph.
``(III) Update.--Until the date on
which the Secretary determines that the
public authority has brought the toll
facility into compliance with this
subparagraph, the public authority
shall submit annual updates that
describe--
``(aa) the actions taken to
bring the toll facility into
compliance;
``(bb) any actions taken to
improve the operation of the
corridor or cordon; and
``(cc) the progress made by
those actions.
``(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 provides an
efficiency or mobility benefit in the corridor
or cordon, including by increasing person or
freight throughput, increasing public
transportation service, or reducing person
hours of delay;
``(vi) toll or public transportation fare
discounts, subsidies, or rebates for users of
the toll facility or public transportation in
the corridor that have no reasonable
alternative transportation method to the toll
facility or for whom the tolls or public
transportation fares create a financial
hardship, as determined by the public
authority; and
``(vii) if the public authority certifies
annually that the tolled facility is being
adequately maintained and is not degraded as
described under paragraph (1)(E), any revenues
remaining after funding the activities
described in clauses (i) through (vi) shall be
considered surplus revenue and may be used for
any other purpose for which Federal funds may
be obligated by a State under this title or
chapter 53 of title 49.''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Transparency.--
``(i) Annual audit.--
``(I) In general.--A public
authority with jurisdiction over a toll
facility shall conduct or have an
independent auditor conduct an annual
audit of toll facility records to
verify adequate maintenance and
compliance with subparagraph (A), and
report the results of the audits to the
Secretary.
``(II) Records.--On reasonable
notice, the public authority shall make
all records of the public authority
pertaining to the toll facility
available for audit by the Secretary.
``(ii) Use of revenues.--A State or public
authority that obligates amounts under clauses
(v), (vi), or (vii) of subparagraph (A) shall
annually report to the Secretary a list of
activities funded with such amounts and the
amount of funding provided for each such
activity.'';
(C) in paragraph (8) by striking ``as of the date
of enactment of the MAP-21, before commencing any
activity authorized'' and inserting ``, before
commencing any activity authorized'';
(D) in paragraph (9)--
(i) by striking ``bus'' and inserting
``vehicle''; and
(ii) by striking ``buses'' and inserting
``vehicles''; and
(E) by striking paragraph (10) and inserting the
following:
``(10) Interoperability of electronic toll collection.--
``(A) In general.--All toll facilities on Federal-
aid highways shall provide for the regional
interoperability of electronic toll collection,
including through technologies or business practices.
``(B) Prohibition on restriction.--No State, or any
political subdivision thereof, shall restrict the
information that is shared across public and private
toll facility operators or their agents or contractors
for purposes of facilitating, operating, or maintaining
electronic toll collection programs.
``(11) Noncompliance.--If the Secretary concludes that a
public authority has not complied with the requirements of this
subsection, the Secretary may take such action as may be
necessary to ensure compliance with this section.
``(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 the tolled lanes of a 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,
including a high occupancy toll facility, described in
paragraph (2) shall be subject to the requirements of sections
129(a) or 166 of title 23, United States Code, as applicable,
as in effect on the day before the date of enactment of this
Act.
(2) Toll facilities.--A toll facility, including a high
occupancy toll facility, described in this subsection 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.
(3) Rule of construction.--Nothing in this subsection shall
prohibit the Secretary, at the request of the public authority,
from applying the requirements of section 129(a) of title 23,
United States Code, as amended by this Act.
(e) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Transportation shall submit to Congress a
report on the implementation of the interoperability of toll collection
as required under section 1512(b) of MAP-21, including an assessment of
the progress in, and barriers to, such implementation.
SEC. 1111. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)(C)(iii) by striking
``transportation buses'' and inserting ``transportation
vehicles'';
(B) in paragraph (5)(B) by striking ``2019'' and
inserting ``2025''; and
(C) by adding at the end the following:
``(6) Emergency vehicles.--The public authority may allow
the following vehicles to use the HOV facility if the authority
establishes requirements for clearly identifying the vehicles:
``(A) An emergency vehicle that is responding to an
existing emergency.
``(B) A blood transport vehicle that is
transporting blood between collection points and
hospitals or storage centers.''.
(2) in subsection (d)(2)(A)(i) by striking ``45 miles per
hour, in the case of a HOV facility with a speed limit of 50
miles per hour or greater'' and inserting ``35 miles per hour,
in the case of a HOV facility with a speed limit of 45 miles
per hour or greater'';
(3) in subsection (d)(2)(B) by striking ``morning or
evening weekday peak hour periods (or both)'' and inserting
``peak hour periods'';
(4) in subsection (e)--
(A) by striking ``Not later than 180 days after the
date of enactment of this section, the Administrator''
and inserting ``The Administrator'';
(B) in paragraph (1) by striking ``and'' at the
end;
(C) in paragraph (2) by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(3) not later than 180 days after the date of enactment
of the INVEST in America Act, update the requirements
established under paragraph (1).''; and
(5) in subsection (f)--
(A) in paragraph (1)--
(i) by striking subparagraphs (C), (D), and
(F); and
(ii) by redesignating subparagraphs (E),
(G), (H), and (I) as subparagraphs (C), (D),
(E), and (F), respectively; and
(B) in paragraph (6)(B)(i) by striking ``public
entity'' and inserting ``public transportation service
that is a recipient or subrecipient of funds under
chapter 53 of title 49''.
SEC. 1112. BUY AMERICA.
(a) In General.--Section 313 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Notwithstanding'' and inserting
``In General.--Notwithstanding'';
(B) by striking ``Secretary of Transportation'' and
inserting ``Secretary'';
(C) by striking ``the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or''; and
(D) by striking ``and manufactured products'' and
inserting ``manufactured products, and construction
materials'';
(2) in subsection (b) by inserting ``Determination.--''
before ``The provisions'';
(3) in subsection (c) by striking ``For purposes'' and
inserting ``Calculation.--For purposes'';
(4) in subsection (d)--
(A) by striking ``The Secretary of Transportation''
and inserting ``Requirements.--The Secretary''; and
(B) by striking ``the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or'';
(5) in subsection (g) by inserting ``or within the scope of
the applicable finding, determination, or environmental review
decision made pursuant to authority granted by the Secretary
under section 330, if applicable,'' before ``regardless of
the''; and
(6) by adding at the end the following:
``(h) Waiver Procedure.--
``(1) In general.--Not later than 120 days after the
submission of a request for a waiver, the Secretary shall make
a determination under paragraph (1) or (2) of subsection (b) as
to whether subsection (a) shall apply.
``(2) Public notification and comment.--
``(A) In general.--Not later than 30 days before
making a determination regarding a waiver described in
paragraph (1), the Secretary shall provide notification
and an opportunity for public comment on the request
for such waiver.
``(B) Notification requirements.--The notification
required under subparagraph (A) shall--
``(i) describe whether the application is
being made for a determination described in
subsection (b)(1); and
``(ii) be provided to the public by
electronic means, including on the public
website of the Department of Transportation.
``(3) Determination.--Before a determination described in
paragraph (1) takes effect, the Secretary shall publish a
detailed justification for such determination that addresses
all public comments received under paragraph (2)--
``(A) on the public website of the Department of
Transportation; and
``(B) if the Secretary issues a waiver with respect
to such determination, in the Federal Register.
``(i) Review of Nationwide Waivers.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and at least every 5 years
thereafter, the Secretary shall review any standing nationwide
waiver issued by the Secretary under this section to ensure
such waiver remains justified.
``(2) Public notification and opportunity for comment.--
``(A) In general.--Not later than 30 days before
the completion of a review under paragraph (1), the
Secretary shall provide notification and an opportunity
for public comment on such review.
``(B) Means of notification.--Notification provided
under this subparagraph shall be provided by electronic
means, including on the public website of the
Department of Transportation.
``(3) Detailed justification in federal register.--After
the completion of a review under paragraph (1), the Secretary
shall publish in the Federal Register a detailed justification
for the determination made under paragraph (1) that addresses
all public comments received under paragraph (2).
``(4) Consideration.--In conducting the review under
paragraph (1), the Secretary shall consider the study on supply
chains carried out under section 1112(c) of the INVEST in
America Act.
``(j) Report.--Not later than 120 days after the last day of each
fiscal year, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Appropriations of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
Committee on Appropriations of the Senate a report on the waivers
provided under subsection (h) during the previous fiscal year and the
justifications for such waivers.
``(k) Construction Materials Defined.--In this section, the term
`construction materials' means primary materials, except for iron and
steel, that are commonly used in highway construction, as determined by
the Secretary.''.
(b) Construction Materials.--
(1) Establishment of requirements.--
(A) In general.--The Secretary shall issue such
regulations as are necessary to implement the amendment
made by subsection (a)(1)(D). Such regulations shall
ensure the continued availability of construction
materials to carry out projects under title 23, United
States Code.
(B) Considerations.--The regulations issued
pursuant to subparagraph (A) shall--
(i) ensure the continued availability of
construction materials to carry out projects
under title 23, United States Code;
(ii) include authority for the Secretary to
waive the applicability of the requirement
under section 313(a) of title 23, United States
Code, to procure domestic construction
materials if the study conducted under
subsection (c)(1) determines that the domestic
supply of construction materials is
insufficient to meet the demand for activities
covered under section 313 of title 23, United
States Code; and
(iii) provide for efficient and timely--
(I) project delivery for project
sponsors; and
(II) administration for the
Secretary.
(C) Final rule.--The regulations issued pursuant to
subparagraph (A) shall not be finalized until the study
under subsection (c) has been completed and considered
by the Secretary in the rulemaking process under such
subparagraph.
(2) Considerations.--The requirements of this section, and
the amendments made by this section--
(A) shall seek to maximize jobs located in the
United States;
(B) may establish domestic content requirements
that are less than 100 percent and that increase over
time, based on the current and expected future domestic
availability of construction materials; and
(C) shall take into consideration the study
conducted under subsection (c), including any
potential--
(i) disruption in the supply of
construction materials to any State or isolated
geographic region; and
(ii) impacts on the price of covered items.
(3) Applicability.--The amendment made by subsection
(a)(1)(D) shall take effect beginning on the date that the
Secretary establishes the regulations described under paragraph
(1).
(c) Study on Supply Chains.--
(1) In general.--The Secretary shall conduct study on
covered items that are commonly used or acquired under title
23, United States Code, including--
(A) construction materials;
(B) manufactured products;
(C) vehicles; and
(D) alternative fuel infrastructure and electric
vehicle supply equipment.
(2) Considerations.--The study under paragraph (1) shall
consider--
(A) the current domestic availability of covered
items of sufficient and reasonably available quantity
and of a satisfactory quality (including any specific
impacts in a State or isolated geographic region, as
applicable) necessary to meet the demand for activities
covered under section 313 of title 23, United States
Code;
(B) the current supply chain for covered items
including the impacts of extracting, refining,
manufacturing, and transporting domestically available
covered items;
(C) anticipated impacts to the environment, public
health, and safety from transportation of domestically
available covered items;
(D) the estimated demand, in relation to total
domestic demand from all sources, for covered items
from--
(i) procurement under the Federal-aid
highway program;
(ii) procurement under other programs
administered by the Secretary of
Transportation; and
(iii) other Federal procurement; and
(E) the delivery cost differential of domestic
covered items, as compared to non-domestic
alternatives, including any specific impacts in a State
or isolated geographic region, as applicable.
(3) Inspector general review.--Not later than 120 days
after the Secretary completes the study in paragraph (1), the
Inspector General of the Department of Transportation shall--
(A) review the extent to which the study under
paragraph (1) addresses the considerations under
paragraph (2); and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and
Committee on Environment and Public Works of the Senate
a report on the findings of the review under
subparagraph (A).
(4) Domestic suppliers.--As part of the review under this
paragraph, the Secretary may establish and maintain a list of
known domestic suppliers of covered items.
(5) Definition of covered item.--For the purposes of this
section, the term ``covered item'' means any material or
product (except for iron and steel) subject to the requirements
of section 313(a) of title 23, United States Code, that is
commonly used in highway construction or procured under the
Federal-aid highway program.
(d) Iron and Steel.--Subsections (b) and (c), shall not affect the
requirements under section 635.410(b)(1)(ii) of title 23, Code of
Federal Regulations, with respect to iron and steel.
(e) Construction Materials Defined.--In this section, the term
``construction materials'' has the meaning given such term in section
313 of title 23, United States Code.
(f) SAFETEA-LU Technical Corrections Act of 2008.--Section 117 of
the SAFETEA-LU Technical Corrections Act of 2008 (23 U.S.C. 313 note)
is repealed.
SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIREMENTS.
(a) In General.--Section 113 of title 23, United States Code, is
amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Secretary shall take such action as may be
necessary to ensure that all laborers and mechanics employed by
contractors or subcontractors on construction work performed on
projects financed or otherwise assisted in whole or in part by a loan,
loan guarantee, grant, credit enhancement, or any other form of Federal
assistance administered by the Secretary or the Department, including
programs to capitalize revolving loan funds and subsequent financing
cycles under such funds, shall be paid wages at rates not less than
those prevailing on projects of a character similar in the locality, as
determined by the Secretary of Labor in accordance with subchapter IV
of chapter 31 of title 40. With respect to the labor standards
specified in this section, the Secretary of Labor shall have the
authority and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267) and section 3145 of title 40.'';
(2) by redesignating subsection (c) as subsection (b); and
(3) in subsection (b), as so redesignated, by inserting
``Apprenticeship and Skill Training Programs.--'' before ``The
provisions''.
(b) Conforming Amendments.--
(1) Section 133 of title 23, United States Code, is amended
by striking subsection (i).
(2) Section 167 of title 23, United States Code, is amended
by striking subsection (l).
(3) Section 1401 of the MAP-21 (23 U.S.C. 137 note) is
amended by striking subsection (e).
SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) except as provided under subparagraph (C),
have a term of not more than 3 years;'';
(2) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) for any State that has assumed the
responsibility for categorical exclusions under this
section for at least 10 years, have a term of 5
years.''.
SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN
AGREEMENTS.
Section 327 of title 23, United States Code, is amended--
(1) in subsection (a)(2)(G) by inserting ``, including the
payment of fees awarded under section 2412 of title 28'' after
``with the project''.
(2) in subsection (c)--
(A) by striking paragraph (5) and inserting the
following:
``(5) except as provided under paragraph (7), have a term
of not more than 5 years;'';
(B) in paragraph (6) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) for any State that has participated in a program
under this section (or under a predecessor program) for at
least 10 years, have a term of 10 years.'';
(3) in subsection (g)(1)--
(A) in subparagraph (C) by striking ``annual'';
(B) in subparagraph (B) by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (B) the
following:
``(C) in the case of an agreement period of greater
than 5 years under subsection (c)(7), conduct an audit
covering the first 5 years of the agreement period;
and''; and
(4) by adding at the end the following:
``(m) Agency Deemed to Be Federal Agency.--A State agency that is
assigned a responsibility under an agreement under this section shall
be deemed to be an agency of the United States for the purposes of
section 2412 of title 28.''.
SEC. 1116. CORROSION PREVENTION FOR BRIDGES.
(a) Definitions.--In this section:
(1) Applicable bridge projects.--The term ``applicable
bridge projects'' means a project for construction,
replacement, rehabilitation, preservation, or protection, other
than de minimis work, as determined by the applicable State
department of transportation, on a bridge project that receives
financial assistance under title 23, United States Code.
(2) Certified contractor.--The term ``certified
contractor'' means a contracting or subcontracting firm that
has been certified by an industry-wide recognized third party
organization that evaluates the capability of the contractor or
subcontractor to properly perform 1 or more specified aspects
of applicable bridge projects described in subsection (b)(2).
(3) Qualified training program.--The term ``qualified
training program'' means a training program in corrosion
control, mitigation, and prevention that is either--
(A) offered or accredited by an organization that
sets industry corrosion standards; or
(B) an industrial coatings applicator training
program registered under the Act of August 16, 1937 (29
U.S.C. 50 et seq.; commonly known as the ``National
Apprenticeship Act'') that meets the standards of
subpart A of part 29 and part 30 of title 29, Code of
Federal Regulations.
(b) Applicable Bridge Projects.--
(1) Quality control.--A certified contractor shall carry
out aspects of an applicable bridge project described in
paragraph (2).
(2) Aspects of applicable bridge projects.--Aspects of an
applicable bridge project referred to in paragraph (1) shall
include--
(A) surface preparation or coating application on
steel or rebar of an applicable bridge project;
(B) removal of a lead-based or other hazardous
coating from steel of an existing applicable bridge
project; and
(C) shop painting of structural steel or rebar
fabricated for installation on an applicable bridge
project.
(3) Corrosion management system.--In carrying out an
applicable bridge project, a State department of transportation
shall--
(A) implement a corrosion management system that
utilizes industry-recognized standards and corrosion
mitigation and prevention methods to address--
(i) surface preparation;
(ii) protective coatings;
(iii) materials selection;
(iv) cathodic protection;
(v) corrosion engineering;
(vi) personnel training; and
(vii) best practices in environmental
protection to prevent environmental degradation
and uphold public health.
(B) require certified contractors, for the purpose
of carrying out aspects of applicable bridge projects
described in paragraph (2), to employ a substantial
number of individuals that are trained and certified by
a qualified training program as meeting the ANSI/NACE
Number 13/SSPC-ACS-1 standard or future versions of
this standard.
(4) Certification.--The applicable State department of
transportation shall only accept bids for projects that include
aspects of applicable bridge projects described in paragraph
(2) from a certified contractor that presents written proof
that the certification of such contractor meets the relevant
SSPC-QP standards or future versions of these standards.
(c) Training Program.--As a condition of entering into a contract
for an applicable bridge project, each certified contractor shall
provide training for each individual who is not a certified coating
applicator but that the certified contractor employs to carry out
aspects of applicable bridge projects as described in subsection
(b)(2).
SEC. 1117. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) States should utilize life-cycle cost analysis to
evaluate the total economic cost of a transportation project
over its expected lifetime; and
(2) data indicating that future repair costs associated
with a transportation project frequently total more than half
of the initial cost of the project, and that conducting life-
cycle cost analysis prior to construction will help States
identify the most cost-effective option, improve their economic
performance, and lower the total cost of building and
maintaining the project.
SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN RIGHT-OF-WAY.
(a) In General.--Notwithstanding chapter 1 of title 23, United
States Code, electric vehicle charging infrastructure, renewable energy
generation facilities, electrical transmission and distribution
infrastructure, and broadband infrastructure and conduit shall be
treated as a facility covered under part 645 of title 23, Code of
Federal Regulations (or successor regulations), for purposes of being
accommodated under section 109(l) of title 23, United States Code.
(b) State Approval.--A State, on behalf of the Secretary of
Transportation, may approve the accommodation of the infrastructure and
facilities described in subsection (a) within any right-of-way on a
Federal-aid highway pursuant to section 109(l) of title 23, United
States Code.
SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE SAFETY IMPROVEMENTS.
(a) In General.--Notwithstanding any provision of title 23, United
States Code, or any regulation issued by the Secretary of
Transportation, section 129(a)(3) of such title shall not apply to a
covered public authority that receives funding under such title for
pedestrian and bike safety improvements.
(b) No Toll.--A covered public authority may not charge a toll,
fee, or other levy for use of such improvements.
(c) Effective Date.--A covered public authority shall be eligible
for the exemption under subsection (a) for 10 years after the date of
enactment of this Act. Any such exemption granted shall remain in
effect after the effective date described in this section.
(d) Definitions.--In this section, the following definitions apply:
(1) Covered public authority.--The term ``covered public
authority'' means a public authority with jurisdiction over a
toll facility located within both--
(A) a National Scenic Area; and
(B) the National Trail System.
(2) National scenic area.--The term ``National Scenic
Area'' means an area of the National Forest System federally
designated as a National Scenic Area in recognition of the
outstanding natural, scenic, and recreational values of the
area.
(3) National trail system.--The term ``National Trail
System'' means an area described in section 3 of the National
Trails System Act (16 U.S.C. 1242).
(4) Public authority; toll facility.--The terms ``public
authority'' and ``toll facility'' have the meanings such terms
would have if such terms were included in chapter 1 of title
23, United States Code.
SEC. 1120. INCREASED FEDERAL SHARE.
Section 120(c) of title 23, United States Code, is amended by
adding at the end the following:
``(4) Areas of persistent poverty.--The Federal share
payable on account of a project, program, or activity carried
out in an area of persistent poverty with funds apportioned
under section 104(b) may be increased by up to 5 percent, up to
100 percent of the total project cost of any such project,
program, or activity.''.
Subtitle B--Programmatic Infrastructure Investment
SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Purposes.--The purposes of the national highway performance
program shall be--
``(1) to provide support for the condition and performance
of the National Highway System, consistent with the asset
management plans of States;
``(2) to support progress toward the achievement of
performance targets of States established under section 150;
``(3) to increase the resilience of Federal-aid highways
and bridges; and
``(4) to provide support for the construction of new
facilities on the National Highway System, consistent with
subsection (d)(3).'';
(2) in subsection (d)--
(A) in paragraph (1)(A) by striking ``or freight
movement on the National Highway System'' and inserting
``freight movement, environmental sustainability,
transportation system access, or combating climate
change'';
(B) in paragraph (1)(B) by striking ``and'' at the
end;
(C) in paragraph (2)--
(i) in subparagraph (G)--
(I) in clause (i) by inserting
``and'' at the end;
(II) in clause (ii) by striking ``;
and'' and inserting a period; and
(III) by striking clause (iii);
(ii) in subparagraph (I) by inserting ``,
including the installation of safety barriers
and nets on bridges on the National Highway
System'' after ``National Highway System''; and
(iii) by adding at the end the following:
``(Q) Projects on or off the National Highway
System to reduce greenhouse gas emissions that are
eligible under section 171, including the installation
of electric vehicle charging infrastructure.
``(R) Projects on or off the National Highway
System to enhance resilience of a transportation
facility eligible under section 124, including
protective features and natural infrastructure.
``(S) Projects and strategies to reduce vehicle-
caused wildlife mortality related to, or to restore and
maintain connectivity among terrestrial or aquatic
habitats affected by, a transportation facility
eligible for assistance under this section.
``(T) Projects on or off the National Highway
System to improve an evacuation route eligible under
section 124(b)(1)(C).
``(U) The removal, retrofit, repurposing,
remediation, or replacement of a highway on the
National Highway System that creates a barrier to
community connectivity to improve access for multiple
modes of transportation.''; and
(D) by adding at the end the following:
``(3) a project that is otherwise eligible under this
subsection to construct new capacity for single occupancy
passenger vehicles only if the State--
``(A) has demonstrated progress in achieving a
state of good repair, as defined in the State's asset
management plan, on the National Highway System;
``(B) demonstrates that the project--
``(i) supports the achievement of
performance targets of the State established
under section 150; and
``(ii) is more cost effective, as
determined by benefit-cost analysis, than--
``(I) an operational improvement to
the facility or corridor;
``(II) the construction of a public
transportation project eligible for
assistance under chapter 53 of title
49; or
``(III) the construction of a non-
single occupancy passenger vehicle
project that improves freight movement;
and
``(C) has a public plan for maintaining and
operating the new asset while continuing its progress
in achieving a state of good repair under subparagraph
(A).'';
(3) in subsection (e)--
(A) in the heading by inserting ``Asset and'' after
``State'';
(B) in paragraph (4)(D) by striking ``analysis''
and inserting ``analyses, both of which shall take into
consideration climate change adaptation and
resilience''; and
(C) in paragraph (8) by striking ``Not later than
18 months after the date of enactment of the MAP-21,
the Secretary'' and inserting ``The Secretary''; and
(4) by adding at the end the following:
``(k) Benefit-Cost Analysis.--In carrying out subsection
(d)(3)(B)(ii), the Secretary shall establish a process for analyzing
the cost and benefits of projects under such subsection, ensuring
that--
``(1) the benefit-cost analysis includes a calculation of
all the benefits addressed in the performance measures
established under section 150;
``(2) the benefit-cost analysis includes a consideration of
the total maintenance cost of an asset over the lifecycle of
the asset; and
``(3) the State demonstrates that any transportation demand
modeling used to calculate the benefit-cost analysis has a
documented record of accuracy.''.
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION ASSETS.
(a) Predisaster Mitigation Program.--
(1) In general.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 123 the following:
``Sec. 124. Predisaster mitigation program
``(a) Establishment.--The Secretary shall establish and implement a
predisaster mitigation program to enhance the resilience of the
transportation system of the United States, mitigate the impacts of
covered events, and ensure the efficient use of Federal resources.
``(b) Eligible Activities.--
``(1) In general.--Subject to paragraph (2), funds
apportioned to the State under section 104(b)(8) may be
obligated for--
``(A) construction activities, including
construction of natural infrastructure or protective
features--
``(i) to increase the resilience of a
surface transportation infrastructure asset to
withstand a covered event;
``(ii) to relocate or provide a reasonable
alternative to a repeatedly damaged facility;
and
``(iii) for an evacuation route identified
in the vulnerability assessment required under
section 134(i)(2)(I)(iii) or section
135(f)(10)(C) to--
``(I) improve the capacity or
operation of such evacuation route
through communications and intelligent
transportation system equipment and
infrastructure, counterflow measures,
and shoulders; and
``(II) relocate such evacuation
route or provide a reasonable
alternative to such evacuation route to
address the risk of a covered event;
``(B) resilience planning activities, including
activities described in sections 134(i)(2)(I) and
135(f)(10) of this title and sections 5303(i)(2)(I) and
5304(f)(10) of title 49; and
``(C) the development of projects and programs that
help States, territories, and regions recover from
covered events that significantly disrupt the
transportation system, including--
``(i) predisaster training programs that
help agencies and regional stakeholders plan
for and prepare multimodal recovery efforts;
and
``(ii) the establishment of region-wide
telework training and programs.
``(2) Infrastructure resilience and adaptation.--No funds
shall be obligated to a project under this section unless the
project meets each of the following criteria:
``(A) The project is designed to ensure resilience
over the anticipated service life of the surface
transportation infrastructure asset.
``(B) The project is identified in the metropolitan
or statewide transportation improvement program as a
project to address resilience vulnerabilities,
consistent with section 134(j)(3)(E) or
135(g)(5)(B)(iii).
``(3) Prioritization of projects.--A State shall develop a
process to prioritize projects under this section based on the
degree to which the proposed project would--
``(A) be cost effective in the long-term;
``(B) reduce the risk of disruption to a surface
transportation infrastructure asset considered critical
to support population centers, freight movement,
economic activity, evacuation, recovery, national
security functions, or critical infrastructure; and
``(C) ease disruptions to vulnerable, at-risk, or
transit-dependant populations.
``(c) Guidance.--The Secretary shall provide guidance to States to
assist with the implementation of paragraphs (2) and (3) of subsection
(b).
``(d) Definitions.--In this section:
``(1) Covered event.--The term `covered event' means a
climate change effect (including sea level rise), flooding, and
an extreme event or other natural disaster (including
wildfires, seismic activity, and landslides).
``(2) Surface transportation infrastructure asset.--The
term `surface transportation infrastructure asset' means a
facility eligible for assistance under this title or chapter 53
of title 49.''.
(2) Conforming amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by inserting after the
item relating to section 123 the following:
``124. Predisaster mitigation program.''.
(b) Projects in Flood-Prone Areas.--Section 109 of title 23, United
States Code, is further amended by adding at the end the following:
``(t) Projects in Flood-Prone Areas.--For projects and actions
that, in whole or in part, encroach within the limits of a flood-prone
area, the Secretary shall ensure that such projects and actions are--
``(1) designed and constructed in a way that takes into
account, and mitigates where appropriate, flood risk by using
hydrologic, hydraulic, and hydrodynamic data, methods, and
analysis that integrate current and projected changes in
flooding based on climate science over the anticipated service
life of the asset and future forecasted land use changes; and
``(2) designed using analysis that considers the capital
costs, risks, and other economic, engineering, social and
environmental concerns of constructing a project in a flood-
prone area.''.
(c) Metropolitan Transportation Planning.--
(1) Amendments to title 23.--
(A) Climate change and resilience.--Section
134(i)(2) of title 23, United States Code, is amended
by adding at the end the following:
``(I) Climate change and resilience.--
``(i) In general.--The transportation
planning process shall assess strategies to
reduce the climate change impacts of the
surface transportation system and conduct a
vulnerability assessment to identify
opportunities to enhance the resilience of the
surface transportation system and ensure the
efficient use of Federal resources.
``(ii) Climate change mitigation and
impacts.--A long-range transportation plan
shall--
``(I) identify investments and
strategies to reduce transportation-
related sources of greenhouse gas
emissions per capita;
``(II) identify investments and
strategies to manage transportation
demand and increase the rates of public
transportation ridership, walking,
bicycling, and carpools; and
``(III) recommend zoning and other
land use policies that would support
infill, transit-oriented development,
and mixed use development.
``(iii) Vulnerability assessment.--A long-
range transportation plan shall incorporate a
vulnerability assessment that--
``(I) includes a risk-based
assessment of vulnerabilities of
critical transportation assets and
systems to covered events (as such term
is defined in section 124);
``(II) considers, as applicable,
the risk management analysis in the
State's asset management plan developed
pursuant to section 119, and the
State's evaluation of reasonable
alternatives to repeatedly damaged
facilities conducted under part 667 of
title 23, Code of Federal Regulations;
``(III) at the discretion of the
metropolitan planning organization,
identifies evacuation routes, assesses
the ability of any such routes to
provide safe passage for evacuation,
access to health care and public health
facilities, and emergency response
during an emergency event, and
identifies any improvements or
redundant facilities necessary to
adequately facilitate safe passage;
``(IV) describes the metropolitan
planning organization's adaptation and
resilience improvement strategies that
will inform the transportation
investment decisions of the
metropolitan planning organization; and
``(V) is consistent with and
complementary of the State, Tribal, and
local mitigation plans required under
section 322 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(iv) Consultation.--The assessment
described in this subparagraph shall be
developed in consultation with, as appropriate,
State, local, and Tribal officials responsible
for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 134(j)(3) of
title 23, United States Code, is amended by adding at
the end the following:
``(E) Resilience projects.--The TIP shall--
``(i) identify any projects that address
the vulnerabilities identified by the
assessment in subsection (i)(2)(I)(iii); and
``(ii) describe how each project identified
under clause (i) would improve the resilience
of the transportation system.''.
(2) Amendments to title 49.--
(A) Climate change and resilience.--Section
5303(i)(2) of title 49, United States Code, is amended
by adding at the end the following:
``(I) Climate change and resilience.--
``(i) In general.--The transportation
planning process shall assess strategies to
reduce the climate change impacts of the
surface transportation system and conduct a
vulnerability assessment to identify
opportunities to enhance the resilience of the
surface transportation system and ensure the
efficient use of Federal resources.
``(ii) Climate change mitigation and
impacts.--A long-range transportation plan
shall--
``(I) identify investments and
strategies to reduce transportation-
related sources of greenhouse gas
emissions per capita;
``(II) identify investments and
strategies to manage transportation
demand and increase the rates of public
transportation ridership, walking,
bicycling, and carpools; and
``(III) recommend zoning and other
land use policies that would support
infill, transit-oriented development,
and mixed use development.
``(iii) Vulnerability assessment.--A long-
range transportation plan shall incorporate a
vulnerability assessment that--
``(I) includes a risk-based
assessment of vulnerabilities of
critical transportation assets and
systems to covered events (as such term
is defined in section 124 of title 23);
``(II) considers, as applicable,
the risk management analysis in the
State's asset management plan developed
pursuant to section 119 of title 23,
and the State's evaluation of
reasonable alternatives to repeatedly
damaged facilities conducted under part
667 of title 23, Code of Federal
Regulations;
``(III) at the discretion of the
metropolitan planning organization,
identifies evacuation routes, assesses
the ability of any such routes to
provide safe passage for evacuation,
access to health care and public health
facilities, and emergency response
during an emergency event, and
identifies any improvements or
redundant facilities necessary to
adequately facilitate safe passage;
``(IV) describes the metropolitan
planning organization's adaptation and
resilience improvement strategies that
will inform the transportation
investment decisions of the
metropolitan planning organization; and
``(V) is consistent with and
complementary of the State, Tribal, and
local mitigation plans required under
section 322 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(iv) Consultation.--The assessment
described in this subparagraph shall be
developed in consultation, as appropriate, with
State, local, and Tribal officials responsible
for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 5303(j)(3) of
title 49, United States Code, is amended by adding at
the end the following:
``(E) Resilience projects.--The TIP shall--
``(i) identify any projects that address
the vulnerabilities identified by the
assessment in subsection (i)(2)(I)(iii); and
``(ii) describe how each project identified
under clause (i) would improve the resilience
of the transportation system.''.
(d) Statewide and Nonmetropolitan Planning.--
(1) Amendments to title 23.--
(A) Climate change and resilience.--Section 135(f)
of title 23, United States Code, is amended by adding
at the end the following:
``(10) Climate change and resilience.--
``(A) In general.--The transportation planning
process shall assess strategies to reduce the climate
change impacts of the surface transportation system and
conduct a vulnerability assessment to identify
opportunities to enhance the resilience of the surface
transportation system and ensure the efficient use of
Federal resources.
``(B) Climate change mitigation and impacts.--A
long-range transportation plan shall--
``(i) identify investments and strategies
to reduce transportation-related sources of
greenhouse gas emissions per capita;
``(ii) identify investments and strategies
to manage transportation demand and increase
the rates of public transportation ridership,
walking, bicycling, and carpools; and
``(iii) recommend zoning and other land use
policies that would support infill, transit-
oriented development, and mixed use
development.
``(C) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(i) includes a risk-based assessment of
vulnerabilities of critical transportation
assets and systems to covered events (as such
term is defined in section 124);
``(ii) considers, as applicable, the risk
management analysis in the State's asset
management plan developed pursuant to section
119, and the State's evaluation of reasonable
alternatives to repeatedly damaged facilities
conducted under part 667 of title 23, Code of
Federal Regulations;
``(iii) identifies evacuation routes,
assesses the ability of any such routes to
provide safe passage for evacuation, access to
health care and public health facilities, and
emergency response during an emergency event,
and identifies any improvements or redundant
facilities necessary to adequately facilitate
safe passage;
``(iv) describes the States's adaptation
and resilience improvement strategies that will
inform the transportation investment decisions
of the State; and
``(v) is consistent with and complementary
of the State, Tribal, and local mitigation
plans required under section 322 of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(D) Consultation.--The assessment described in
this paragraph shall be developed in consultation with,
as appropriate, metropolitan planning organizations and
State, local, and Tribal officials responsible for land
use, housing, resilience, hazard mitigation, and
emergency management.''.
(B) Resilience projects.--Section 135(g)(5)(B) of
title 23, United States Code, is amended by adding at
the end the following:
``(iii) Resilience projects.--The STIP
shall--
``(I) identify projects that
address the vulnerabilities identified
by the assessment in subsection
(i)(10)(B); and
``(II) describe how each project
identified under subclause (I) would
improve the resilience of the
transportation system.''.
(2) Amendments to title 49.--
(A) Climate change and resilience.--Section 5304(f)
of title 49, United States Code, is amended by adding
at the end the following:
``(10) Climate change and resilience.--
``(A) In general.--The transportation planning
process shall assess strategies to reduce the climate
change impacts of the surface transportation system and
conduct a vulnerability assessment to identify
opportunities to enhance the resilience of the surface
transportation system and ensure the efficient use of
Federal resources.
``(B) Climate change mitigation and impacts.--A
long-range transportation plan shall--
``(i) identify investments and strategies
to reduce transportation-related sources of
greenhouse gas emissions per capita;
``(ii) identify investments and strategies
to manage transportation demand and increase
the rates of public transportation ridership,
walking, bicycling, and carpools; and
``(iii) recommend zoning and other land use
policies that would support infill, transit-
oriented development, and mixed use
development.
``(C) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(i) includes a risk-based assessment of
vulnerabilities of critical transportation
assets and systems to covered events (as such
term is defined in section 124 of title 23);
``(ii) considers, as applicable, the risk
management analysis in the State's asset
management plan developed pursuant to section
119 of title 23, and the State's evaluation of
reasonable alternatives to repeatedly damaged
facilities conducted under part 667 of title
23, Code of Federal Regulations;
``(iii) identifies evacuation routes,
assesses the ability of any such routes to
provide safe passage for evacuation, access to
health care and public health facilities, and
emergency response during an emergency event,
and identifies any improvements or redundant
facilities necessary to adequately facilitate
safe passage;
``(iv) describes the State's adaptation and
resilience improvement strategies that will
inform the transportation investment decisions
of the State; and
``(v) is consistent with and complementary
of the State, Tribal, and local mitigation
plans required under section 322 of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(D) Consultation.--The assessment described in
this paragraph shall be developed in consultation with,
as appropriate, metropolitan planning organizations and
State, local, and Tribal officials responsible for land
use, housing, resilience, hazard mitigation, and
emergency management.''.
(B) Resilience projects.--Section 5304(g)(5)(B) of
title 49, United States Code, is amended by adding at
the end the following:
``(iii) Resilience projects.--The STIP
shall--
``(I) identify projects that
address the vulnerabilities identified
by the assessment in subsection
(i)(10)(B); and
``(II) describe how each project
identified under subclause (I) would
improve the resilience of the
transportation system.''.
SEC. 1203. EMERGENCY RELIEF.
(a) In General.--Section 125 of title 23, United States Code, is
amended--
(1) in subsection (a)(1) by inserting ``wildfire,'' after
``severe storm,'';
(2) by striking subsection (b);
(3) in subsection (c)(2)(A) by striking ``in any 1 fiscal
year commencing after September 30, 1980,'' and inserting ``in
any fiscal year'';
(4) in subsection (d)--
(A) in paragraph (3)(C) by striking ``(as defined
in subsection (e)(1))'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--The Secretary may expend funds from the
emergency fund authorized by this section only for the repair
or reconstruction of highways on Federal-aid highways in
accordance with this chapter.
``(2) Restrictions.--
``(A) In general.--No funds shall be expended from
the emergency fund authorized by this section unless--
``(i) an emergency has been declared by the
Governor of the State with concurrence by the
Secretary, unless the President has declared
the emergency to be a major disaster for the
purposes of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) for which concurrence of the
Secretary is not required; and
``(ii) the Secretary has received an
application from the State transportation
department that includes a comprehensive list
of all eligible project sites and repair costs
by not later than 2 years after the natural
disaster or catastrophic failure.
``(B) Cost limitation.--The total cost of a project
funded under this section may not exceed the cost of
repair or reconstruction of a comparable facility
unless the Secretary determines that the project
incorporates economically justified betterments,
including protective features to increase the
resilience of the facility.
``(C) Repeatedly damaged facilities.--An
application submitted under this section for the
permanent repair or reconstruction of a repeatedly
damaged facility shall include consideration and, if
feasible, incorporation of economically justifiable
betterments, including protective features, to increase
the resilience of such facility.
``(3) Special rule for bridge projects.--In no case shall
funds be used under this section for the repair or
reconstruction of a bridge--
``(A) that has been permanently closed to all
vehicular traffic by the State or responsible local
official because of imminent danger of collapse due to
a structural deficiency or physical deterioration; or
``(B) if a construction phase of a replacement
structure is included in the approved statewide
transportation improvement program at the time of an
event described in subsection (a).'';
(5) in subsection (e)--
(A) by striking paragraph (1);
(B) in paragraph (2) by striking ``subsection
(d)(1)'' and inserting ``subsection (c)(1)''; and
(C) by redesignating paragraphs (2) and (3), as
amended, as paragraphs (1) and (2), respectively;
(6) by redesignating subsections (c) through (g), as
amended, as subsections (b) through (f), respectively; and
(7) by adding at the end the following:
``(g) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded under
this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (c)(2)(A)(i); or
``(B) the date on which the President declared the
emergency to be a major disaster, as described in such
subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the request
of the Governor of the State, issue an extension of not more
than 1 year to complete such advancement, and may issue
additional extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has provided
suitable justification to warrant such an extension.
``(h) Hazard Mitigation Pilot Program.--
``(1) In general.--The Secretary shall establish a hazard
mitigation pilot program for the purpose of mitigating future
hazards posed to Federal-aid highways, Federal lands
transportation facilities, and Tribal transportation
facilities.
``(2) Allocation of funds.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated such sums as may be
necessary for the pilot program established under this
subsection.
``(B) Calculation.--Annually, the Secretary shall
calculate the total amount of outstanding eligible
repair costs under the emergency relief program under
this section, including the emergency relief backlog,
for each State, territory, and Indian Tribe.
``(C) Allocation.--Any amounts made available under
this subsection shall be distributed to each State,
territory, or Indian Tribe based on--
``(i) the ratio that the total amount of
outstanding eligible repair costs for such
State, territory, or Indian Tribe, as described
under subparagraph (B); bears to
``(ii) the total amount of outstanding
eligible repair costs for all States,
territories, and Indian Tribes, as described
under subparagraph (B).
``(D) Limitation.--The allocation to a State,
territory, or Indian Tribe described under subparagraph
(C) shall not exceed 5 percent of the total amount of
outstanding eligible repair costs under the emergency
relief program for such State, territory, or Indian
Tribe, as described in subparagraph (B).
``(3) Eligible activities.--Amounts made available under
this subsection shall be used for protective features or other
hazard mitigation activities that--
``(A) the Secretary determines are cost effective
and that reduce the risk of, or increase the resilience
to, future damage to existing assets as a result of
natural disasters; and
``(B) are eligible under section 124.
``(4) Report.--For each fiscal year in which funding is
made available for the program under this subsection, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report detailing--
``(A) a description of the activities carried out
under the pilot program;
``(B) an evaluation of the effectiveness of the
pilot program in meeting purposes described in
paragraph (1); and
``(C) policy recommendations to improve the
effectiveness of the pilot program.
``(5) Sunset.--The authority provided under this subsection
shall terminate on October 1, 2025.
``(i) Improving the Emergency Relief Program.--Not later than 1
year after the date of enactment of the INVEST in America Act, the
Secretary shall--
``(1) revise the emergency relief manual of the Federal
Highway Administration--
``(A) to include and reflect the definition of the
term `resilience' (as defined in section 101(a));
``(B) to identify procedures that States may use to
incorporate resilience into emergency relief projects;
and
``(C) to consider economically justified
betterments in emergency relief projects, such as--
``(i) protective features that increase the
resilience of the facility; and
``(ii) incorporation of context sensitive
design principles and other planned betterments
that improve the safety of the facility;
``(2) consider transportation system access for moderate
and low-income families impacted by a major disaster or
emergency declared by the President under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170);
``(3) develop best practices for improving the use of
resilience in--
``(A) the emergency relief program under this
section; and
``(B) emergency relief efforts;
``(4) provide to division offices of the Federal Highway
Administration and State departments of transportation
information on the best practices developed under paragraph
(2); and
``(5) develop and implement a process to track--
``(A) the consideration of resilience as part of
the emergency relief program under this section; and
``(B) the costs of emergency relief projects.
``(j) Definitions.--In this section:
``(1) Comparable facility.--The term `comparable facility'
means a facility that meets the current geometric and
construction standards required for the types and volume of
traffic that the facility will carry over its design life.
``(2) Construction phase.--The term `construction phase'
means the phase of physical construction of a highway or bridge
facility that is separate from any other identified phases,
such as planning, design, or right-of-way phases, in the State
transportation improvement program.
``(3) Open to public travel.--The term `open to public
travel' means with respect to a road, that, except during
scheduled periods, extreme weather conditions, or emergencies,
the road--
``(A) is maintained;
``(B) is open to the general public; and
``(C) can accommodate travel by a standard
passenger vehicle, without restrictive gates or
prohibitive signs or regulations, other than for
general traffic control or restrictions based on size,
weight, or class of registration.
``(4) Standard passenger vehicle.--The term `standard
passenger vehicle' means a vehicle with 6 inches of clearance
from the lowest point of the frame, body, suspension, or
differential to the ground.''.
(b) Conforming Amendments.--
(1) Federal lands and tribal transportation programs.--
Section 201(c)(8)(A) of title 23, United States Code, is
amended by striking ``section 125(e)'' and inserting ``section
125(j)''.
(2) Tribal transportation program.--Section 202(b)(6)(A) of
title 23, United States Code, is amended by striking ``section
125(e)'' and inserting ``section 125(d)''.
(c) Repeal.--Section 668.105(h) of title 23, Code of Federal
Regulations, is repealed.
SEC. 1204. RAILWAY CROSSINGS.
(a) In General.--Section 130 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``Railway-highway
crossings'' and inserting ``Railway crossings'';
(2) in subsection (a)--
(A) by striking ``Subject to section 120 and
subsection (b) of this section, the entire'' and
inserting ``In General.--The'';
(B) by striking ``then the entire'' and inserting
``the''; and
(C) by striking ``, subject to section 120 and
subsection (b) of this section,'';
(3) by amending subsection (b) to read as follows:
``(b) Classification.--
``(1) In general.--The construction of projects for the
elimination of hazards at railway crossings represents a
benefit to the railroad. The Secretary shall classify the
various types of projects involved in the elimination of
hazards of railway-highway crossings, and shall set for each
such classification a percentage of the total project cost that
represent the benefit to the railroad or railroads for the
purpose of determining the railroad's share of the total
project cost. The Secretary shall determine the appropriate
classification of each project.
``(2) Noncash contributions.--
``(A) In general.--Not more than 5 percent of the
cost share described in paragraph (1) may be
attributable to noncash contributions of materials and
labor furnished by the railroad in connection with the
construction of such project.
``(B) Requirement.--The requirements under section
200.306 and 200.403(g) of title 2, Code of Federal
Regulations (or successor regulations), shall apply to
any noncash contributions under this subsection.
``(3) Total project cost.--For the purposes of this
subsection, the determination of the railroad's share of the
total project cost shall include environment, design, right-of-
way, utility accommodation, and construction phases of the
project.'';
(4) in subsection (c)--
(A) by striking ``Any railroad involved'' and
inserting ``Benefit.--Any railroad involved'';
(B) by striking ``the net benefit'' and inserting
``the cost associated with the benefit''; and
(C) by striking ``Such payment may consist in whole
or in part of materials and labor furnished by the
railroad in connection with the construction of such
project.'';
(5) by striking subsection (e) and inserting the following:
``(e) Railway Crossings.--
``(1) Eligible activities.--Funds apportioned to a State
under section 104(b)(7) may be obligated for the following:
``(A) The elimination of hazards at railway-highway
crossings, including technology or protective upgrades.
``(B) Construction or installation of protective
devices (including replacement of functionally obsolete
protective devices) at railway-highway crossings.
``(C) Infrastructure and noninfrastructure projects
and strategies to prevent or reduce suicide or
trespasser fatalities and injuries along railroad
rights-of-way and at or near railway-highway crossings.
``(D) Projects to mitigate any degradation in the
level of access from a highway-grade crossing closure.
``(E) Bicycle and pedestrian railway grade crossing
improvements, including underpasses and overpasses.
``(F) Projects eligible under section 22907(c)(5)
of title 49, provided that amounts obligated under this
subparagraph--
``(i) shall be administered by the
Secretary in accordance with such section as if
such amounts were made available to carry out
such section; and
``(ii) may be used to pay up to 90 percent
of the non-Federal share of the cost of a
project carried out under such section.
``(2) Special rule.--If a State demonstrates to the
satisfaction of the Secretary that the State has met all its
needs for installation of protective devices at railway-highway
crossings, the State may use funds made available by this
section for other highway safety improvement program
purposes.'';
(6) by striking subsection (f) and inserting the following:
``(f) Federal Share.--Notwithstanding section 120, the Federal
share payable on account of any project financed with funds made
available to carry out subsection (e) shall be up to 90 percent of the
cost thereof.'';
(7) by striking subsection (g) and inserting the following:
``(g) Report.--
``(1) State report.--
``(A) In general.--Not later than 2 years after the
date of enactment of the INVEST in America Act, and at
least biennially thereafter, each State shall submit to
the Secretary a report on the progress being made to
implement the railway crossings program authorized by
this section and the effectiveness of projects to
improve railway crossing safety.
``(B) Contents.--Each State report under
subparagraph (A) shall contain an assessment of the
costs of the various treatments employed and subsequent
accident experience at improved locations.
``(2) Departmental report.--
``(A) In general.--Not later than 180 days after
the deadline for the submission of a report under
paragraph (1)(A), the Secretary shall publish on the
website of the Department of Transportation a report on
the progress being made by the State in implementing
projects to improve railway crossings.
``(B) Contents.--The report under subparagraph (A)
shall include--
``(i) the number of projects undertaken;
``(ii) distribution of such projects by
cost range, road system, nature of treatment,
and subsequent accident experience at improved
locations;
``(iii) an analysis and evaluation of each
State program;
``(iv) the identification of any State
found not to be in compliance with the schedule
of improvements required by subsection (d); and
``(v) recommendations for future
implementation of the railway crossings
program.'';
(8) in subsection (j)--
(A) in the heading by inserting ``and Pedestrian''
after ``Bicycle''; and
(B) by inserting ``and pedestrian'' after
``bicycle''; and
(9) in subsection (l)--
(A) in paragraph (1) by striking ``Not later than''
and all that follows through ``each State'' and
inserting ``Not later than 6 months after a new railway
crossing becomes operational, each State''; and
(B) in paragraph (2) by striking ``On a periodic''
and all that follows through ``every year thereafter''
and inserting ``On or before September 30 of each
year''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by amending the item relating to section
130 to read as follows:
``130. Railway crossings.''.
(c) GAO Study.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that includes an analysis of the effectiveness of
the railway crossing program under section 130 of title 23, United
States Code.
(d) Sense of Congress Relating to Trespasser Deaths Along Railroad
Rights-of-Way.--It is the sense of Congress that the Department of
Transportation should, where feasible, coordinate departmental efforts
to prevent or reduce trespasser deaths along railroad rights-of-way and
at or near railway-highway crossings.
SEC. 1205. SURFACE TRANSPORTATION PROGRAM.
(a) In General.--Section 133 of title 23, United States Code, is
amended--
(1) in the heading by striking ``block grant'';
(2) in subsection (a) by striking ``block grant'';
(3) in subsection (b)--
(A) by striking ``block grant'';
(B) in paragraph (1)(B) by inserting ``, except
that for the purposes of this section hovercraft and
terminal facilities for hovercraft engaging in water
transit for passengers or vehicles shall be considered
ferry boats and ferry terminal facilities eligible
under section 129(c)'' after ``section 129(c)'';
(C) in paragraph (4) by striking ``railway-highway
grade crossings'' and inserting ``projects eligible
under section 130 and installation of safety barriers
and nets on bridges'';
(D) in paragraph (6)--
(i) by striking ``Recreational'' and
inserting ``Transportation alternatives
projects eligible under subsection (h),
recreational''; and
(ii) by striking ``1404 of SAFETEA-LU (23
U.S.C. 402 note)'' and inserting ``211'';
(E) in paragraph (12) by striking ``travel'' and
inserting ``transportation''; and
(F) by adding at the end the following:
``(16) Protective features (including natural
infrastructure and vegetation control and clearance) to enhance
the resilience of a transportation facility otherwise eligible
for assistance under this section.
``(17) Projects to reduce greenhouse gas emissions eligible
under section 171, including the installation of electric
vehicle charging infrastructure.
``(18) Projects and strategies to reduce vehicle-caused
wildlife mortality related to, or to restore and maintain
connectivity among terrestrial or aquatic habitats affected by,
a transportation facility otherwise eligible for assistance
under this section.
``(19) A surface transportation project carried out in
accordance with the national travel and tourism infrastructure
strategic plan under section 1431(e) of the FAST Act (49 U.S.C.
301 note).
``(20) roads in rural areas that primarily serve to
transport agricultural products from a farm or ranch to a
marketplace.
``(21) The removal, retrofit, repurposing, remediation, or
replacement of a highway or other transportation facility that
creates a barrier to community connectivity to improve access
for multiple modes of transportation.'';
(4) in subsection (c)--
(A) by striking ``block grant'' and inserting
``program'';
(B) by striking paragraph (3) and inserting the
following:
``(3) for a project described in--
``(A) subsection (h); or
``(B) section 101(a)(29), as in effect on the day
before the date of enactment of the FAST Act;'';
(C) by redesignating paragraph (4) as paragraph
(5); and
(D) by inserting after paragraph (3) the following:
``(4) for a project described in section 5308 of title 49;
and'';
(5) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``each fiscal year'' after
``apportioned to a State'';
(ii) by striking ``the reservation of'' and
inserting ``setting aside''; and
(iii) in subparagraph (A)--
(I) by striking ``the percentage
specified in paragraph (6) for a fiscal
year'' and inserting ``57 percent for
fiscal year 2023, 58 percent for fiscal
year 2024, 59 percent for fiscal year
2025, and 60 percent for fiscal year
2026'';
(II) in clause (i) by striking ``of
over'' and inserting ``greater than'';
and
(III) by striking clauses (ii) and
(iii) and inserting the following:
``(ii) in urbanized areas of the State with
an urbanized area population greater than
49,999 and less than 200,001;
``(iii) in urban areas of the State with a
population greater than 4,999 and less than
50,000; and
``(iv) in other areas of the State with a
population less than 5,000; and'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Local coordination and consultation.--
``(A) Coordination with metropolitan planning
organizations.--For purposes of paragraph (1)(A)(ii), a
State shall--
``(i) establish a process to coordinate
with all metropolitan planning organizations in
the State that represent an urbanized area
described in such paragraph; and
``(ii) describe how funds described under
paragraph (1)(A)(ii) will be allocated
equitably among such urbanized areas during the
period of fiscal years 2023 through 2026.
``(B) Joint responsibility.--Each State and the
Secretary shall jointly ensure compliance with
subparagraph (A).
``(C) Consultation with regional transportation
planning organizations.--For purposes of clauses (iii)
and (iv) of paragraph (1)(A), before obligating funding
attributed to an area with a population less than
50,000, a State shall consult with the regional
transportation planning organizations that represent
the area, if any.'';
(C) in the heading for paragraph (4) by striking
``over 200,000'' and inserting ``greater than
200,000'';
(D) by striking paragraph (6) and inserting the
following:
``(6) Technical assistance.--
``(A) In general.--The State and all metropolitan
planning organizations in the State that represent an
urbanized area with a population of greater than
200,000 may jointly establish a program to improve the
ability of applicants to deliver projects under this
subsection in an efficient and expeditious manner and
reduce the period of time between the selection of the
project and the obligation of funds for the project by
providing--
``(i) technical assistance and training to
applicants for projects under this subsection;
and
``(ii) funding for one or more full-time
State, regional, or local government employee
positions to administer this subsection.
``(B) Eligible funds.--To carry out this paragraph,
a State or metropolitan planning organization may use
funds made available under paragraphs (2) or (6) of
section 104(b).
``(C) Use of funds.--Amounts used under this
paragraph may be expended--
``(i) directly by the State or metropolitan
planning organization; or
``(ii) through contracts with State
agencies, private entities, or nonprofit
organizations.'';
(6) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``over 200,000'' and
inserting ``greater than 200,000''; and
(ii) by striking ``2016 through 2020'' and
inserting ``2023 through 2026''; and
(B) by adding at the end the following:
``(3) Annual amounts.--To the extent practicable, each
State shall annually notify each affected metropolitan planning
organization as to the amount of obligation authority that will
be made available under paragraph (1) to each affected
metropolitan planning organization for the fiscal year.'';
(7) by striking subsection (f) and inserting the following:
``(f) Bridges Not on Federal-Aid Highways.--
``(1) Definition of off-system bridge.--In this subsection,
the term `off-system bridge' means a bridge located on a public
road, other than a bridge on a Federal-aid highway.
``(2) Special rule.--
``(A) Set aside.--Of the amounts apportioned to a
State for each fiscal year under this section other
than the amounts described in subparagraph (C), the
State shall obligate for activities described in
subsection (b)(2) (as in effect on the day before the
date of enactment of the FAST Act) for off-system
bridges an amount that is not less than 20 percent of
the amounts available to such State under this section
in fiscal year 2020, not including the amounts
described in subparagraph (C).
``(B) Reduction of expenditures.--The Secretary,
after consultation with State and local officials, may
reduce the requirement for expenditures for off-system
bridges under subparagraph (A) with respect to the
State if the Secretary determines that the State has
inadequate needs to justify the expenditure.
``(C) Limitations.--The following amounts shall not
be used for the purposes of meeting the requirements of
subparagraph (A):
``(i) Amounts described in section
133(d)(1)(A).
``(ii) Amounts set aside under section
133(h).
``(iii) Amounts described in section
505(a).
``(3) Credit for bridges not on federal-aid highways.--
Notwithstanding any other provision of law, with respect to any
project not on a Federal-aid highway for the replacement of a
bridge or rehabilitation of a bridge that is wholly funded from
State and local sources, is eligible for Federal funds under
this section, is certified by the State to have been carried
out in accordance with all standards applicable to such
projects under this section, and is determined by the Secretary
upon completion to be no longer a deficient bridge--
``(A) any amount expended after the date of
enactment of this subsection from State and local
sources for the project in excess of 20 percent of the
cost of construction of the project may be credited to
the non-Federal share of the cost of other bridge
projects in the State that are eligible for Federal
funds under this section; and
``(B) that crediting shall be conducted in
accordance with procedures established by the
Secretary.''; and
(8) in subsection (g)--
(A) in the heading by striking ``5,000'' and
inserting ``50,000''; and
(B) in paragraph (1) by striking ``subsection
(d)(1)(A)(ii)'' and all that follows through the period
at the end and inserting ``clauses (iii) and (iv) of
subsection (d)(1)(A) for each fiscal year may be
obligated on roads functionally classified as rural
minor collectors or local roads or on critical rural
freight corridors designated under section 167(e).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
133 and inserting the following:
``133. Surface transportation program.''.
(c) Conforming Amendments.--
(1) Advance acquisition of real property.--Section 108(c)
of title 23, United States Code, is amended--
(A) in paragraph (2)(A) by striking ``block
grant''; and
(B) in paragraph (3) by striking ``block grant''.
(2) Public transportation.--Section 142(e)(2) of title 23,
United States Code, is amended by striking ``block grant''.
(3) Highway use tax evasion projects.--Section 143(b)(8) of
title 23, United States Code, is amended in the heading by
striking ``block grant''.
(4) Congestion mitigation and air quality improvement
program.--Section 149(d) of title 23, United States Code, is
amended--
(A) in paragraph (1)(B) by striking ``block
grant''; and
(B) in paragraph (2)(A) by striking ``block
grant''.
(5) Territorial and puerto rico highway program.--Section
165 of title 23, United States Code, is amended--
(A) in subsection (b)(2)(A)(ii) by striking ``block
grant'' each time such term appears; and
(B) in subsection (c)(6)(A)(i) by striking ``block
grant''.
(6) Magnetic levitation transportation technology
deployment program.--Section 322(h)(3) of title 23, United
States Code, is amended by striking ``block grant''.
(7) Training and education.--Section 504(a)(4) of title 23,
United States Code, is amended by striking ``block grant''.
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.
Section 133(h) of title 23, United States Code, is amended to read
as follows:
``(h) Transportation Alternatives Program Set-Aside.--
``(1) Set aside.--For each fiscal year, of the total funds
apportioned to all States under section 104(b)(2) for a fiscal
year, the Secretary shall set aside an amount such that--
``(A) the Secretary sets aside a total amount under
this subsection for a fiscal year equal to 10 percent
of such total funds; and
``(B) the State's share of the amount set aside
under subparagraph (A) is determined by multiplying the
amount set aside under subparagraph (A) by the ratio
that--
``(i) the amount apportioned to the State
for the transportation enhancement program for
fiscal year 2009 under section 133(d)(2), as in
effect on the day before the date of enactment
of MAP-21; bears to
``(ii) the total amount of funds
apportioned to all States for the
transportation enhancements program for fiscal
year 2009.
``(2) Allocation within a state.--
``(A) In general.--Except as provided in
subparagraph (B), funds set aside for a State under
paragraph (1) shall be obligated within that State in
the manner described in subsections (d) and (e), except
that, for purposes of this paragraph (after funds are
made available under paragraph (5))--
``(i) for each fiscal year, the percentage
referred to in paragraph (1)(A) of subsection
(d) shall be deemed to be 66 percent; and
``(ii) paragraph (3) of subsection (d)
shall not apply.
``(B) Local control.--
``(i) In general.--A State may make
available up to 100 percent of the funds set
aside under paragraph (1) to the entities
described in subclause (I) if the State submits
to the Secretary, and the Secretary approves, a
plan that describes--
``(I) how such funds shall be made
available to metropolitan planning
organizations, regional transportation
planning organizations, counties, or
other regional transportation
authorities;
``(II) how the entities described
in subclause (I) shall select projects
for funding and how such entities shall
report selected projects to the State;
``(III) the legal, financial, and
technical capacity of such entities;
and
``(IV) the procedures in place to
ensure such entities comply with the
requirements of this title.
``(ii) Requirement.--A State that makes
funding available under a plan approved under
this subparagraph shall make available an
equivalent amount of obligation authority to an
entity described in clause (i)(I) to whom funds
are made available under this subparagraph.
``(3) Eligible projects.--Funds set aside under this
subsection may be obligated for any of the following projects
or activities:
``(A) Construction, planning, and design of on-road
and off-road trail facilities for pedestrians,
bicyclists, and other nonmotorized forms of
transportation, including sidewalks, bicycle
infrastructure, pedestrian and bicycle signals, traffic
calming techniques, lighting and other safety-related
infrastructure, and transportation projects to achieve
compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
``(B) Construction, planning, and design of
infrastructure-related projects and systems that will
provide safe routes for nondrivers, including children,
older adults, and individuals with disabilities to
access daily needs.
``(C) Conversion and use of abandoned railroad
corridors for trails for pedestrians, bicyclists, or
other nonmotorized transportation users.
``(D) Construction of turnouts, overlooks, and
viewing areas.
``(E) Community improvement activities, including--
``(i) inventory, control, or removal of
outdoor advertising;
``(ii) historic preservation and
rehabilitation of historic transportation
facilities;
``(iii) vegetation management practices in
transportation rights-of-way to improve roadway
safety, prevent against invasive species,
facilitate wildfire control, and provide
erosion control;
``(iv) archaeological activities relating
to impacts from implementation of a
transportation project eligible under this
title; and
``(v) the planting of trees, appropriate to
the region, in street medians, islands, and
along sidewalks in order to complement traffic
calming techniques.
``(F) Any environmental mitigation activity,
including pollution prevention and pollution abatement
activities and mitigation to address stormwater
management, control, and water pollution prevention or
abatement related to highway construction or due to
highway runoff, including activities described in
sections 328(a) and 329.
``(G) Projects and strategies to reduce vehicle-
caused wildlife mortality related to, or to restore and
maintain connectivity among terrestrial or aquatic
habitats affected by, a transportation facility
otherwise eligible for assistance under this
subsection.
``(H) The recreational trails program under section
206.
``(I) The safe routes to school program under
section 211.
``(J) Activities in furtherance of a vulnerable
road user assessment described in section 148.
``(K) Any other projects or activities described in
section 101(a)(29) or section 213, as such sections
were in effect on the day before the date of enactment
of the FAST Act (Public Law 114-94).
``(4) Access to funds.--
``(A) In general.--A State, metropolitan planning
organization required to obligate funds in accordance
with paragraph (2)(A), or an entity required to
obligate funds in accordance with paragraph (2)(B)
shall develop a competitive process to allow eligible
entities to submit projects for funding that achieve
the objectives of this subsection. A metropolitan
planning organization for an area described in
subsection (d)(1)(A)(i) shall select projects under
such process in consultation with the relevant State.
``(B) Priority.--The processes described in
subparagraph (A) shall prioritize project location and
impact in low-income, transit-dependent, or other high-
need areas.
``(C) Eligible entity defined.--In this paragraph,
the term `eligible entity' means--
``(i) a local government, including a
county or multi-county special district;
``(ii) a regional transportation authority;
``(iii) a transit agency;
``(iv) a natural resource or public land
agency;
``(v) a school district, local education
agency, or school;
``(vi) a tribal government;
``(vii) a metropolitan planning
organization that serves an urbanized area with
a population of 200,000 or fewer;
``(viii) a nonprofit organization carrying
out activities related to transportation;
``(ix) any other local or regional
governmental entity with responsibility for or
oversight of transportation or recreational
trails (other than a metropolitan planning
organization that serves an urbanized area with
a population of over 200,000 or a State agency)
that the State determines to be eligible,
consistent with the goals of this subsection;
and
``(x) a State, at the request of any entity
listed in clauses (i) through (ix).
``(5) Continuation of certain recreational trails
projects.--
``(A) In general.--For each fiscal year, a State
shall--
``(i) obligate an amount of funds set aside
under this subsection equal to 175 percent of
the amount of the funds apportioned to the
State for fiscal year 2009 under section
104(h)(2), as in effect on the day before the
date of enactment of MAP-21, for projects
relating to recreational trails under section
206;
``(ii) return 1 percent of the funds
described in clause (i) to the Secretary for
the administration of such program; and
``(iii) comply with the provisions of the
administration of the recreational trails
program under section 206, including the use of
apportioned funds described in subsection
(d)(3)(A) of such section.
``(B) State flexibility.--A State may opt out of
the recreational trails program under this paragraph if
the Governor of the State notifies the Secretary not
later than 30 days prior to the date on which an
apportionment is made under section 104 for any fiscal
year.
``(6) Improving accessibility and efficiency.--
``(A) In general.--A State may use an amount equal
to not more than 5 percent of the funds set aside for
the State under this subsection, after allocating funds
in accordance with paragraph (2)(A), to improve the
ability of applicants to access funding for projects
under this subsection in an efficient and expeditious
manner by providing--
``(i) to applicants for projects under this
subsection application assistance, technical
assistance, and assistance in reducing the
period of time between the selection of the
project and the obligation of funds for the
project; and
``(ii) funding for one or more full-time
State employee positions to administer this
subsection.
``(B) Use of funds.--Amounts used under
subparagraph (A) may be expended--
``(i) directly by the State; or
``(ii) through contracts with State
agencies, private entities, or nonprofit
entities.
``(C) Improving project delivery.--
``(i) In general.--The Secretary shall take
such action as may be necessary, consistent
with Federal requirements, to facilitate
efficient and timely delivery of projects under
this subsection that are small, low impact, and
constructed within an existing built
environment.
``(ii) Considerations.--The Secretary shall
consider the use of programmatic agreements,
expedited or alternative procurement processes
(including project bundling), and other
effective practices to facilitate the goals of
this paragraph.
``(7) Federal share.--
``(A) Flexible match.--
``(i) In general.--Notwithstanding section
120--
``(I) the non-Federal share for a
project under this subsection may be
calculated on a project, multiple-
project, or program basis; and
``(II) the Federal share of the
cost of an individual project in this
subsection may be up to 100 percent.
``(ii) Aggregate non-federal share.--The
average annual non-Federal share of the total
cost of all projects for which funds are
obligated under this subsection in a State for
a fiscal year shall be not less than the non-
Federal share authorized for the State under
section 120.
``(iii) Requirement.--This subparagraph
shall only apply to a State if such State has
adequate financial controls, as certified by
the Secretary, to account for the average
annual non-Federal share under this
subparagraph.
``(B) Safety projects.--Notwithstanding section
120, funds made available to carry out section 148 may
be credited toward the non-Federal share of the costs
of a project under this subsection if the project--
``(i) is a project described in section
148(e)(1); and
``(ii) is consistent with the State
strategic highway safety plan (as defined in
section 148(a)).
``(8) Flexibility.--
``(A) State authority.--
``(i) In general.--A State may use not more
than 50 percent of the funds set aside under
this subsection that are available for
obligation in any area of the State
(suballocated consistent with the requirements
of subsection (d)(1)(B)) for any purpose
eligible under subsection (b).
``(ii) Restriction.--Funds may be used as
described in clause (i) only if the State
demonstrates to the Secretary--
``(I) that the State held a
competition in compliance with the
requirements of this subsection in such
form as the Secretary determines
appropriate;
``(II) that the State offered
technical assistance to all eligible
entities and provided such assistance
upon request by an eligible entity; and
``(III) that there were not
sufficient suitable applications from
eligible entities to use the funds
described in clause (i).
``(B) MPO authority.--
``(i) In general.--A metropolitan planning
organization that represents an urbanized area
with a population of greater than 200,000 may
use not more than 50 percent of the funds set
aside under this subsection for an urbanized
area described in subsection (d)(1)(A)(i) for
any purpose eligible under subsection (b).
``(ii) Restriction.--Funds may be used as
described in clause (i) only if the Secretary
certifies that the metropolitan planning
organization--
``(I) held a competition in
compliance with the requirements of
this subsection in such form as the
Secretary determines appropriate; and
``(II) demonstrates that there were
not sufficient suitable applications
from eligible entities to use the funds
described in clause (i).
``(9) Annual reports.--
``(A) In general.--Each State or metropolitan
planning organization responsible for carrying out the
requirements of this subsection shall submit to the
Secretary an annual report that describes--
``(i) the number of project applications
received for each fiscal year, including--
``(I) the aggregate cost of the
projects for which applications are
received; and
``(II) the types of projects by
eligibility category to be carried out,
expressed as percentages of the total
apportionment of the State under this
subsection; and
``(ii) the list of each project selected
for funding for each fiscal year, including
specifying the fiscal year for which the
project was selected, the fiscal year in which
the project is anticipated to be funded, the
recipient, the funding sources (including non-
Federal match), the project status, the
specific location, the congressional district,
the type by eligibility category, and a brief
description.
``(B) Public availability.--The Secretary shall
make available to the public, in a user-friendly format
on the website of the Department of Transportation, a
copy of each annual report submitted under subparagraph
(A).''.
SEC. 1207. BRIDGE INVESTMENT.
(a) In General.--Section 144 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``National bridge
and tunnel inventory and inspection standards'' and inserting
``Bridges and tunnels'';
(2) in subsection (a)(1)(B) by striking ``deficient'';
(3) in subsection (b)(5) by striking ``structurally
deficient bridge'' and inserting ``bridge classified as in poor
condition'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of the MAP-21, each''
and inserting ``Each''; and
(B) by striking paragraph (4);
(5) in subsection (j)--
(A) in paragraph (2) by inserting ``, 124,'' after
``section 119'';
(B) in paragraph (3)(A) by inserting ``, 124,''
after ``section 119''; and
(C) in paragraph (5) by striking ``financial
characteristics'' and all that follows through the end
and inserting ``Federal share.''; and
(6) by adding at the end the following:
``(l) Highway Bridge Replacement and Rehabilitation.--
``(1) Goals.--The goals of this subsection shall be to--
``(A) support the achievement of a state of good
repair for the Nation's bridges;
``(B) improve the safety, efficiency, and
reliability of the movement of people and freight over
bridges;
``(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; and
``(D) increase the resilience of bridges, including
the ability to withstand disruptions from a seismic
event.
``(2) Bridges on public roads.--
``(A) Minimum bridge investment.--Excluding the
amounts described in subparagraph (C), of the total
funds apportioned to a State under paragraphs (1) and
(2) of section 104(b) for fiscal years 2023 to 2026, a
State shall obligate not less than 20 percent for
projects described in subparagraph (E).
``(B) Program flexibility.--A State required to
obligate funds under subparagraph (A) may use any
combination of funds apportioned to a State under
paragraphs (1) and (2) of section 104(b).
``(C) Limitation.--Amounts described below may not
be used for the purposes of calculating or meeting the
minimum bridge investment requirement under
subparagraph (A)--
``(i) amounts described in section
133(d)(1)(A);
``(ii) amounts set aside under section
133(h); and
``(iii) amounts described in section
505(a).
``(D) Rule of construction.--Nothing in this
section shall be construed to prohibit the expenditure
of funds described in subparagraph (C) for bridge
projects eligible under such section.
``(E) Eligible projects.--Funds required to be
obligated in accordance with paragraph (2)(A) may be
obligated for projects or activities that--
``(i) are otherwise eligible under either
section 119 or section 133, as applicable;
``(ii) support the achievement of
performance targets of the State established
under section 150, are consistent with the
transportation asset management plan of the
State, or provide support for the condition and
performance of bridges on public roads within
the State; and
``(iii) remove, replace, reconstruct,
rehabilitate, preserve, or protect a bridge
included on the national bridge inventory
authorized by subsection (b), including
through--
``(I) seismic retrofits;
``(II) systematic preventive
maintenance;
``(III) installation of scour
countermeasures;
``(IV) the use of innovative
materials that extend the service life
of the bridge and reduce preservation
costs, as compared to conventionally
designed and constructed bridges;
``(V) the use of nontraditional
production techniques, including
factory prefabrication;
``(VI) painting for purposes of
bridge protection;
``(VII) application of calcium
magnesium acetate, sodium acetate/
formate, or other environmentally
acceptable, minimally corrosive anti-
icing and deicing compositions;
``(VIII) corrosion control;
``(IX) construction of protective
features (including natural
infrastructure) alone or in combination
with other activities eligible under
this paragraph to enhance resilience of
a bridge;
``(X) bridge security
countermeasures;
``(XI) impact protection measures
for bridges;
``(XII) inspection and evaluation
of bridges;
``(XIII) training for bridge
inspectors consistent with subsection
(i); and
``(XIV) removal of a bridge
classified as in poor condition in
order to improve community
connectivity.
``(F) Bundles of projects.--A State may use a
bundle of projects as described in subsection (j) to
satisfy the requirements of subparagraph (A), if each
project in the bundle is otherwise eligible under
subparagraph (E).
``(G) Flexibility.--The Secretary may, at the
request of a State, reduce the required obligation
under subparagraph (A) if--
``(i) the reduction is consistent with a
State's asset management plan for the National
Highway System;
``(ii) the reduction will not limit a
State's ability to meet its performance targets
under section 150 or to improve the condition
and performance of bridges on public roads
within the State; and
``(iii) the State demonstrates that it has
inadequate needs to justify the expenditure.
``(H) Bridge investment report.--The Secretary
shall annually publish on the website of the Department
of Transportation a bridge investment report that
includes--
``(i) the total Federal funding obligated
for bridge projects in the most recent fiscal
year, on a State-by-State basis and broken out
by Federal program;
``(ii) the total Federal funding obligated,
on a State-by-State basis and broken out by
Federal program, for bridge projects carried
out pursuant to the minimum bridge investment
requirements under subparagraph (A);
``(iii) the progress made by each State
toward meeting the minimum bridge investment
requirement under subparagraph (A) for such
State, both cumulatively and for the most
recent fiscal year;
``(iv) a summary of--
``(I) each request made under
subparagraph (G) by a State for a
reduction in the minimum bridge
investment requirement under
subparagraph (A); and
``(II) for each request described
in subclause (I) that is granted by the
Secretary--
``(aa) the percentage and
dollar amount of the reduction;
and
``(bb) an explanation of
how the State met each of the
criteria described in
subparagraph (G); and
``(v) a summary of--
``(I) each request made by a State
for a reduction in the obligation
requirements under section 133(f); and
``(II) for each request that is
granted by the Secretary--
``(aa) the percentage and
dollar amount of the reduction;
and
``(bb) an explanation of
how the Secretary made the
determination under section
133(f)(2)(B).
``(I) Off-system bridges.--A State may apply
amounts obligated under this subsection or section
133(f)(2)(A) to the obligation requirements of both
this subsection and section 133(f).
``(J) NHS penalty.--A State may apply amounts
obligated under this subsection or section 119(f)(2) to
the obligation requirements of both this subsection and
section 119(f)(2).
``(K) Compliance.--If a State fails to satisfy the
requirements of subparagraph (A) by the end of fiscal
year 2025, the Secretary may subject the State to
appropriate program sanctions under section 1.36 of
title 23, Code of Federal Regulations (or successor
regulations).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
144 and inserting the following:
``144. Bridges and tunnels.''.
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147 of title 23, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively.
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) by striking ``only includes a project''
and inserting ``includes a project'';
(ii) in clause (xiii) by inserting ``,
including the development of a vulnerable road
user safety assessment or a vision zero plan
under section 1601 of the INVEST in America
Act'' after ``safety planning'';
(iii) by amending clause (xviii) to read as
follows:
``(xviii) Safe routes to school
infrastructure-related projects eligible under
section 211.'';
(iv) in clause (xxvi) by inserting ``or
leading pedestrian intervals'' after ``hybrid
beacons''; and
(v) by striking clause (xxviii) and
inserting the following:
``(xxviii) A pedestrian security feature
designed to slow or stop a motor vehicle.
``(xxix) Installation of infrastructure
improvements, including sidewalks, crosswalks,
signage, and bus stop shelters or protected
waiting areas.'';
(B) in paragraph (11)--
(i) in subparagraph (A)--
(I) in clause (ix) by striking
``and'' at the end;
(II) by redesignating clause (x) as
clause (xi); and
(III) by inserting after clause
(ix) the following:
``(x) State or local representatives of
educational agencies to address safe routes to
school and schoolbus safety; and'';
(ii) in subparagraph (E) by inserting
``Tribal,'' after ``State,'';
(iii) by redesignating subparagraphs (G),
(H), and (I) as subparagraphs (H), (I), and
(J), respectively; and
(iv) by inserting after subparagraph (F)
the following:
``(G) includes a vulnerable road user safety
assessment described under paragraph (16);'';
(C) by redesignating paragraphs (10), (11), and
(12) as paragraphs (12), (13), and (14), respectively;
(D) by inserting after paragraph (9) the following:
``(10) Safe system approach.--The term `safe system
approach' means a roadway design that emphasizes minimizing the
risk of injury or fatality to road users and that--
``(A) takes into consideration the possibility and
likelihood of human error;
``(B) accommodates human injury tolerance by taking
into consideration likely crash types, resulting impact
forces, and the human body's ability to withstand such
forces; and
``(C) takes into consideration vulnerable road
users.
``(11) Specified safety project.--
``(A) In general.--The term `specified safety
project' means a project carried out for the purpose of
safety under any other section of this title that is
consistent with the State strategic highway safety
plan.
``(B) Inclusion.--The term `specified safety
project' includes a project that--
``(i) promotes public awareness and informs
the public regarding highway safety matters
(including safety for motorcyclists,
bicyclists, pedestrians, individuals with
disabilities, and other road users);
``(ii) facilitates enforcement of traffic
safety laws;
``(iii) provides infrastructure and
infrastructure-related equipment to support
emergency services;
``(iv) conducts safety-related research to
evaluate experimental safety countermeasures or
equipment; or
``(v) supports safe routes to school
noninfrastructure-related activities described
under section 211(e)(2).''; and
(E) by adding at the end the following:
``(15) Transportation management area.--The term
`transportation management area' means an area designated under
section 134(k).
``(16) Vulnerable road user.--The term `vulnerable road
user' means a nonmotorist--
``(A) with a fatality analysis reporting system
person attribute code that is included in the
definition of the term `number of non-motorized
fatalities' in section 490.205 of title 23, Code of
Federal Regulations (or successor regulation); or
``(B) described in the term `number of non-
motorized serious injuries' in such section.
``(17) Vulnerable road user safety assessment.--The term
`vulnerable road user safety assessment' means an assessment of
the safety performance of the State or a metropolitan planning
organization within the State with respect to vulnerable road
users and the plan of the State or metropolitan planning
organization to improve the safety of vulnerable road users
described in subsection (l).'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``(a)(11)'' and
inserting ``(a)(13)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi) by inserting
``, consistent with the vulnerable road user
safety assessment'' after ``nonmotorized
crashes'';
(ii) in subparagraph (B)(i)--
(I) by inserting ``, consistent
with a safe system approach,'' after
``identify'';
(II) by inserting ``excessive
design speeds and speed limits,'' after
``crossing needs,''; and
(III) by striking ``motorists
(including motorcyclists), bicyclists,
pedestrians, and other highway users''
and inserting ``road users''; and
(iii) in subparagraph (D)(iii) by striking
``motorists (including motorcyclists),
bicyclists, pedestrians, persons with
disabilities, and other highway users'' and
inserting ``road users'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``Not
later than 1 year after the date of enactment
of the MAP-21, the'' and inserting ``The''; and
(ii) in subparagraph (B)--
(I) in clause (iv) by inserting
``and serious injury'' after
``fatality'';
(II) in clause (vii) by striking
``; and'' and inserting a semicolon;
(III) by redesignating clause
(viii) as clause (ix); and
(IV) by inserting after clause
(vii) the following:
``(viii) the findings of a vulnerable road
user safety assessment of the State; and''; and
(B) in paragraph (2)(B)(i) by striking ``subsection
(a)(11)'' and inserting ``subsection (a)(13)'';
(4) in subsection (e)--
(A) in paragraph (1)(C) by striking ``, without
regard to whether the project is included in an
applicable State strategic highway safety plan''; and
(B) by adding at the end the following:
``(3) Flexible funding for specified safety projects.--
``(A) In general.--To advance the implementation of
a State strategic highway safety plan, a State may use
not more than 10 percent of the amounts apportioned to
the State under section 104(b)(3) for a fiscal year to
carry out specified safety projects.
``(B) Rule of statutory construction.--Nothing in
this paragraph shall be construed to require a State to
revise any State process, plan, or program in effect on
the date of enactment of this paragraph.
``(C) Effect of paragraph.--
``(i) Requirements.--A project funded under
this paragraph shall be subject to all
requirements under this section that apply to a
highway safety improvement project.
``(ii) Other apportioned programs.--
Subparagraph (A) shall not apply to amounts
that may be obligated for noninfrastructure
projects apportioned under any other paragraph
of section 104(b).'';
(5) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(1) High-risk rural road safety.--
``(A) In general.--If the Secretary determines that
the fatality rate on rural roads in a State for the
most recent 2-year period for which data are available
exceeds the median fatality rate for rural roads among
all States, such State shall be required to--
``(i) obligate over the 2 fiscal years
following the fiscal year in which such
determination is made for projects on high-risk
rural roads an amount not less than 7.5 percent
of the amounts apportioned to the State under
section 104(b)(3) for fiscal year 2020; and
``(ii) include, in the subsequent update to
the State strategic highway safety plan,
strategies to reduce the fatality rate.
``(B) Source of funds.--Any amounts obligated under
subparagraph (A) shall be from amounts described under
section 133(d)(1)(B).
``(C) Annual determination.--The determination
described under subparagraph (A) shall be made on an
annual basis.
``(D) Consultation.--In carrying out a project with
an amount obligated under subparagraph (A), a State
shall consult with, as applicable, local governments,
metropolitan planning organizations, and regional
transportation planning organizations.'';
(B) in paragraph (2)--
(i) in the heading by striking ``drivers''
and inserting ``road users'';
(ii) by striking ``drivers and
pedestrians'' and inserting ``road users''; and
(iii) by striking ``address the increases
in'' and inserting ``reduce''; and
(C) by adding at the end the following:
``(3) Vulnerable road user safety.--
``(A) High risk states.--
``(i) Annual determination.--Beginning on
the date of enactment of the INVEST in America
Act, the Secretary shall determine on an annual
basis whether the number of vulnerable road
user fatalities and serious injuries per capita
in a State over the most recent 2-year period
for which data are available exceeds the median
number fatalities in all such areas over such
2-year period.
``(ii) Obligation requirement.--If the
Secretary determines that the number of
vulnerable road user fatalities and serious
injuries per capita in a State over the most
recent 2-year period for which data are
available exceeds the median number of such
fatalities and serious injuries per capita over
such 2-year period among all States, that State
shall be required to obligate over the 2 fiscal
years following the fiscal year in which such
determination is made an amount that is not
less than 50 percent of the amount set aside in
such State under section 133(h)(1) for fiscal
year 2020 (less any amounts obligated for
projects in that State as required by
subparagraph (B)(ii)) for--
``(I) in the first two fiscal years
after the enactment of the INVEST in
America Act--
``(aa) performing the
vulnerable road user safety
assessment as required by
subsection (l);
``(bb) providing matching
funds for transportation
alternatives safety projects as
identified in section
133(h)(7)(B); or
``(cc) projects eligible
under subparagraphs (A), (B),
(C), or (I) of section 133(h);
and
``(II) in each 2-year period
thereafter, projects identified in the
program of projects described in
subsection (l)(2)(C).
``(B) High risk areas.--
``(i) Annual determination.--The Secretary
shall determine on an annual basis whether the
number of vulnerable road user fatalities per
capita in a transportation management area over
the most recent 2-year period for which data
are available exceeds the median number
fatalities in all such areas over such 2-year
period.
``(ii) Obligation requirement.--If the
Secretary determines that the number of
vulnerable road user fatalities per capita in
the transportation management area over the
most recent 2-year period for which data are
available exceeds the median number of such
fatalities over such 2-year period among all
such areas, then there shall be required to be
obligated over the 2 fiscal years following the
fiscal year in which such determination is
made, for projects identified in the program of
projects described in subsection (l)(7)(C), an
amount that is not less than 50 percent of the
amount set aside for that urbanized area under
section 133(h)(2) for fiscal year 2020.
``(iii) Applicability.--The obligation
requirement described in clause (ii) shall not
take effect until the subject metropolitan
planning organization has developed the
vulnerable road user safety assessment
described in subsection (l)(7).
``(C) Source of funds.--
``(i) In general.--Any amounts required to
be obligated under this paragraph shall be from
amounts apportioned under section 104(b) except
for--
``(I) amounts described in section
133(d)(1)(A); and
``(II) amounts set aside under
section 133(h).
``(ii) Areas in a high risk state.--If an
area subject to the obligation requirement
described in subparagraph (B)(ii) is located in
a State required to obligate funds to
vulnerable road user safety under subparagraph
(A)(ii), any obligations in such State for
projects identified in the program of projects
described in subsection (l)(7)(C) shall count
toward such State's obligation requirement
under subparagraph (A)(ii).'';
(6) in subsection (h)(1)(A)--
(A) by inserting ``, including any efforts to
reduce vehicle speed'' after ``under this section'';
and
(B) by inserting ``and projects identified under a
vulnerable road user safety assessment'' after
``projects''; and
(7) by adding at the end the following:
``(l) Vulnerable Road User Safety Assessment.--
``(1) In general.--Not later than 1 year after date of
enactment of the INVEST in America Act, each State shall create
a vulnerable road user safety assessment.
``(2) Contents.--A vulnerable road user safety assessment
required under paragraph (1) shall include--
``(A) a description of the location within the
State of each vulnerable road user fatality and serious
injury, including, if available, the design speed of
the roadway at any such location;
``(B) a description of any corridors identified by
a State, in coordination with local governments,
metropolitan planning organizations, and regional
transportation planning organizations that pose a high
risk of a vulnerable road user fatality or serious
injury, including, if available, the design speeds of
such corridors; and
``(C) a program of projects or strategies to reduce
safety risks to vulnerable road users in corridors
identified under subparagraph (B), in coordination with
local governments, metropolitan planning organizations,
and regional transportation planning organizations that
represent a high-risk area identified under
subparagraph (B).
``(3) Analysis.--In creating a vulnerable road user safety
assessment under this subsection, a State shall assess the last
5 years of available data.
``(4) Requirements.--In creating a vulnerable road user
safety assessment under this subsection, a State shall--
``(A) take into consideration a safe system
approach; and
``(B) coordinate with local governments,
metropolitan planning organizations, and regional
transportation planning organizations that represent a
high-risk area identified under paragraph (2)(B).
``(5) Update.--A State shall update a vulnerable road user
safety assessment on the same schedule as the State updates the
State strategic highway safety plan.
``(6) Transportation system access.--The program of
projects developed under paragraph (2)(C) may not degrade
transportation system access for vulnerable road users.
``(7) Urbanized area assessments.--
``(A) In general.--A metropolitan planning
organization representing a transportation management
area shall, in consultation with local governments in
such area, complete a vulnerable road user safety
assessment based on the most recent 5 years of
available data at least once every 4 years.
``(B) Contents.--The assessment completed under
subparagraph (A) shall include--
``(i) a description of the location within
the area of each vulnerable road user fatality
and, if available, serious injury;
``(ii) a description of any corridors that
represent a high-risk area identified under
paragraph (2)(B) or have otherwise been
identified by the metropolitan planning
organization or local government that pose a
high risk of a vulnerable road user fatality or
serious injury; and
``(iii) a program of projects or strategies
to reduce safety risks to vulnerable road users
in corridors identified under subparagraph
(B).''.
(b) Technical Amendment.--Section 148 of title 23, United States
Code, is amended--
(1) in the heading for subsection (a)(8) by striking ``Road
users'' and inserting ``Road user''; and
(2) in subsection (i)(2)(D) by striking ``safety safety''
and inserting ``safety''.
(c) High-Risk Rural Roads.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
update the study described in paragraph (1) of section 1112(b)
of MAP-21 (23 U.S.C. 148 note).
(2) Publication of report.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall publish
on the website of the Department of Transportation an updated
report of the report described in paragraph (2) of section
1112(b) of MAP-21 (23 U.S.C. 148 note).
(3) Best practices manual.--Not later than 180 days after
the date of submission of the report described in paragraph
(2), the Secretary shall update the best practices manual
described in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note).
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)(ii) by striking
``subsection (h)'' and inserting ``subsection (i)'';
(B) by striking paragraph (7) and inserting the
following:
``(7) if the project or program utilizes transportation
demand management strategies, shifts traffic demand to nonpeak
hours or other transportation modes, increases vehicle
occupancy rates, or otherwise reduces demand for roads through
such means as telecommuting, ridesharing, carsharing, shared
micromobility (including bikesharing and shared scooter
systems), publicly accessible charging stations, docks, and
storage for electric bicycles and micromobility devices,
alternative work hours, and pricing;''; and
(C) in paragraph (8)(B) by striking ``; or'' and
inserting a semicolon;
(D) in paragraph (9) by striking the period and
inserting a semicolon; 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;
``(11) if the project or program is for the point-of-sale
purchase of zero-emission medium- and heavy-duty vehicles or
related zero-emission operations equipment, or supports battery
electric charging or fuel cell electric refueling
infrastructure and related equipment for medium- and heavy-duty
vehicles in projects or programs such as depot infrastructure
and infrastructure along routes servicing regional freight
hubs; or
``(12) if the project or program of projects involves the
deployment of hyperlocal air quality mobile monitoring systems
primarily to monitor transportation-related emissions.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in the heading by inserting ``,
hydrogen vehicle,'' after ``Electric vehicle'';
(ii) by inserting ``hydrogen or'' after
``charging stations or''; and
(iii) by inserting ``, hydrogen-powered,''
after ``battery powered''; and
(B) in paragraph (3) by inserting ``, and is
consistent with section 166'' after ``travel times'';
and
(3) by striking subsection (m) and inserting the following:
``(m) Operating Assistance.--
``(1) Projects.--A State may obligate funds apportioned
under section 104(b)(4) in an area of such State that is
otherwise eligible for obligations of such funds for operating
costs under chapter 53 of title 49 or on a system for which
CMAQ funding was made available, obligated, or expended in
fiscal year 2012, or, notwithstanding subsection (b), on a
State-supported Amtrak route with a cost-sharing agreement
under section 209 of the Passenger Rail Investment and
Improvement Act of 2008 or alternative cost allocation under
section 24712(g)(3) of title 49.
``(2) Time limitation.--In determining the amount of time
for which a State may obligate funds under paragraph (1) for
operating assistance for an area of a State or on a system, the
Secretary shall allow such obligations to occur, in such area
or on such system--
``(A) with a time limitation of not less than 3
years; and
``(B) in the case of projects that demonstrate
continued net air quality benefits beyond 3 years, as
determined annually by the Secretary in consultation
with the Administrator of the Environmental Protection
Agency, with no imposed time limitation.
``(n) Hyperlocal Air Quality Mobile Monitoring Systems Defined.--In
this section, the term `hyperlocal air quality mobile monitoring
systems' means a method of monitoring and mapping ambient air quality
and greenhouse gases and detecting the presence of pollutants using
mobile vehicles that yields frequently repeated, on-going measurements
of pollutants and greenhouse gases at a block-level resolution and
identifies hotspots of persistent elevated levels of pollutants and
greenhouse gases.''.
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.
(a) Electric Vehicle Charging Stations.--Chapter 1 of title 23,
United States Code, is amended by inserting after section 154 the
following new section:
``Sec. 155. Electric vehicle charging stations
``(a) In General.--Any electric vehicle charging infrastructure
funded under this title shall be subject to the requirements of this
section.
``(b) Interoperability.--An electric vehicle charging station
funded under this title shall--
``(1) provide a charging connector type or means to
transmit electricity to vehicles that meets applicable industry
accepted practices and safety standards; and
``(2) have the ability to serve vehicles produced by more
than one vehicle manufacturer.
``(c) Open Access to Payment.--Electric vehicle charging stations
shall provide payment methods available to all members of the public to
ensure secure, convenient, and equal access and shall not be limited by
membership to a particular payment provider.
``(d) Network Capability.--An electric vehicle charging station
funded under this title shall be capable of being remotely monitored.
``(e) Standards and Guidance.--Not less than 180 days after
enactment of the INVEST in America Act, the Secretary of
Transportation, in coordination with the Secretary of Energy and in
consultation with relevant stakeholders, shall, as appropriate, develop
standards and guidance applicable to any electric vehicle charging
station funded in whole or in part under this title related to--
``(1) the installation, operation, or maintenance by
qualified technicians of electric vehicle charging
infrastructure;
``(2) the interoperability of electric vehicle charging
infrastructure;
``(3) any traffic control device or on-premises sign
acquired, installed, or operated related to an electric vehicle
charging station funded under this title; and
``(4) network connectivity of electric vehicle charging
infrastructure, including measures to protect personal privacy
and ensure cybersecurity.
``(f) Wage Requirements.--Section 113 shall apply to any project
for electric vehicle charging infrastructure funded under this
title.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 154 the following new item:
``155. Electric vehicle charging stations.''.
(c) Electric Vehicle Charging Signage.--The Secretary of
Transportation shall update the Manual on Uniform Traffic Control
Devices to--
(1) ensure uniformity in providing road users direction to
electric charging stations that are open to the public; and
(2) allow the use of a comprehensive system of signs for
electric vehicle charging providers to help drivers identify
the type of charging and connector types available at the
location.
(d) Agreements Relating to the Use and Access of Rights-of-Way of
the Interstate System.--Section 111 of title 23, United States Code, is
amended by adding at the end the following:
``(f) Interstate System Rights-of-Way.--
``(1) In general.--Notwithstanding subsection (a) or (b)
and sections 137 and 142, the Secretary shall permit,
consistent with section 155, limited commercial activities for
the charging of electric vehicles on rights-of-way of the
Interstate System, including in--
``(A) a rest area; or
``(B) a fringe or corridor parking facility,
including a park and ride facility.
``(2) Savings clause.--Nothing in this subsection shall
permit commercial activities on rights-of-way of the Interstate
System, except as necessary for the charging of electric
vehicles in accordance with this subsection.''.
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.
(a) In General.--Section 167 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (6) by striking ``; and'' and
inserting a semicolon; and
(B) by striking paragraph (7) and inserting the
following:
``(7) to reduce the environmental impacts of freight
movement on the National Highway Freight Network, including--
``(A) greenhouse gas emissions;
``(B) local air pollution, including local
pollution derived from vehicles idling at railway
crossings;
``(C) minimizing, capturing, or treating stormwater
runoff and addressing other adverse impacts to water
quality; and
``(D) wildlife habitat loss; and
``(8) to decrease any adverse impact of freight
transportation on communities located near freight facilities
or freight corridors.'';
(2) in subsection (e)(2) by striking ``150 miles'' and
inserting ``300 miles'';
(3) in subsection (f)(4) by striking ``75 miles'' and
inserting ``150 miles'';
(4) in subsection (h) by striking ``Not later than'' and
all that follows through ``shall prepare'' and inserting ``As
part of the report required under section 503(b)(8), the
Administrator shall biennially prepare'';
(5) in subsection (i)--
(A) by striking paragraphs (2) and (3);
(B) by amending paragraph (4) to read as follows:
``(4) Freight planning.--Notwithstanding any other
provision of law, a State may not obligate funds apportioned to
the State under section 104(b)(5) unless the State has
developed, updated, or amended, as applicable, a freight plan
in accordance with section 70202 of title 49.'';
(C) in paragraph (5)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) Limitation.--The Federal share of a project
described in subparagraph (C)(xxiii) shall fund only
elements of such project that provide public
benefits.''; and
(ii) in subparagraph (C)--
(I) in clause (iii) by inserting
``and freight management and operations
systems'' after ``freight
transportation systems''; and
(II) by amending clause (xxiii) to
read as follows:
``(xxiii) Freight intermodal or freight
rail projects, including--
``(I) projects within the
boundaries of public or private freight
rail or water facilities (including
ports);
``(II) projects that provide
surface transportation infrastructure
necessary to facilitate direct
intermodal interchange, transfer, and
access into or out of the facility; and
``(III) any other surface
transportation project to improve the
flow of freight into or out of a
facility described in subclause (I) or
(II).'';
(D) in paragraph (6) by striking ``paragraph (5)''
and inserting ``paragraph (3)''; and
(E) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (2), (3), (4), and (5), respectively;
and
(6) in subsection (k)(1)(A)(ii) by striking ``ports-of
entry'' and inserting ``ports-of-entry''.
(b) National Highway Freight Network.--If a congressionally
designated future Interstate, or any portion thereof, is included in a
State Freight Plan (regardless of whether such project is included in
the freight investment plan of the State) approved by the Department of
Transportation prior to October 1, 2021, such route shall be considered
to be on the National Highway Freight Network established under section
167(c) of title 23, United States Code.
SEC. 1213. CARBON POLLUTION REDUCTION.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Carbon pollution reduction
``(a) Establishment.--The Secretary shall establish a carbon
pollution reduction program to support the reduction of greenhouse gas
emissions from the surface transportation system.
``(b) Eligible Projects.--A project is eligible for funding under
this section if such project--
``(1) is expected to yield a significant reduction in
greenhouse gas emissions from the surface transportation
system;
``(2) will help a State meet the greenhouse gas emissions
performance targets established under section 150(d); and
``(3) is--
``(A) eligible for assistance under this title or
under chapter 53 of title 49 or is a capital project
for vehicles and facilities (whether publicly or
privately owned) that are used to provide intercity
passenger service by bus; or
``(B) a capital project, as such term is defined in
section 22906 of title 49, to improve intercity rail
passenger transportation, provided that the project
will yield a significant reduction in single occupant
vehicle trips and improve mobility on public roads.
``(c) Guidance.--The Secretary shall issue guidance on methods of
determining the reduction of single occupant vehicle trips and
improvement of mobility on public roads as those factors relate to
intercity rail passenger transportation projects under subsection
(b)(4).
``(d) Operating Expenses.--A State may use not more than 20 percent
of the funds provided under section 104(b)(9) for the operating
expenses of public transportation and passenger rail transportation
projects.
``(e) Single-Occupancy Vehicle Highway Facilities.--None of the
funds provided under this section may be used for a project that will
result in the construction of new capacity available to single occupant
vehicles unless the project consists of a high occupancy vehicle
facility and is consistent with section 166.
``(f) Evaluation.--
``(1) In general.--The Secretary shall annually evaluate
the progress of each State in carrying out the program under
this section by comparing the percent change in carbon dioxide
emissions per capita on public roads in the State calculated
as--
``(A) the annual carbon dioxide emissions per
capita on public roads in the State for the most recent
year for which there is data; divided by
``(B) the average annual carbon dioxide emissions
per capita on public roads in the State in calendar
years 2015 through 2019.
``(2) Measures.--In conducting the evaluation under
paragraph (1), the Secretary shall--
``(A) prior to the effective date of the greenhouse
gas performance measures under section 150(c)(7)(A),
use such data as are available, which may include data
on motor fuels usage published by the Federal Highway
Administration and information on emissions factors or
coefficients published by the Energy Information
Administration of the Department of Energy; and
``(B) following the effective date of the
greenhouse gas performance measures under section
150(c)(7)(A), use such measures.
``(g) Progress Report.--The Secretary shall annually issue a carbon
pollution reduction progress report, to be made publicly available on
the website of the Department of Transportation, that includes--
``(1) the results of the evaluation under subsection (f)
for each State; and
``(2) a ranking of all the States by the criteria under
subsection (f), with the States that, for the year covered by
such report, have the largest percentage reduction in annual
carbon dioxide emissions per capita on public roads being
ranked the highest.
``(h) High-Performing States.--
``(1) Designation.--For purposes of this section, each
State that is 1 of the 15 highest ranked States, as determined
under subsection (g)(2), and that achieves a reduction in
carbon dioxide emissions per capita on public roads, as
determined by the evaluation in subsection (f), shall be
designated as a high-performing State for the following fiscal
year.
``(2) Use of funds.--For each State that is designated as a
high-performing State under paragraph (1)--
``(A) notwithstanding section 120, the State may
use funds made available under this title to pay the
non-Federal share of a project under this section
during any year for which such State is designated as a
high-performing State; and
``(B) notwithstanding section 126, the State may
transfer up to 50 percent of funds apportioned under
section 104(b)(9) to the program under section
104(b)(2) in any year for which such State is
designated as a high-performing State.
``(3) Transfer.--For each State that is 1 of the 15 lowest
ranked States, as determined under subsection (g)(2), the
Secretary shall transfer 10 percent of the amount apportioned
to the State under section 104(b)(2) in the fiscal year
following the year in which the State is so ranked, not
including amounts set aside under section 133(d)(1)(A) and
under section 133(h) or 505(a), to the apportionment of the
State under section 104(b)(9).
``(4) Limitation.--The Secretary shall not conduct a
transfer under paragraph (3)--
``(A) until the first fiscal year following the
effective date of greenhouse gas performance measures
under section 150(c)(7)(A); and
``(B) with respect to a State in any fiscal year
following the year in which such State achieves a
reduction in carbon dioxide emissions per capita on
public roads in such year as determined by the
evaluation under subsection (f).
``(i) Report.--Not later than 2 years after the date of enactment
of this section and periodically thereafter, the Secretary, in
consultation with the Administrator of the Environmental Protection
Agency, shall issue a report--
``(1) detailing, based on the best available science, what
types of projects eligible for assistance under this section
are expected to provide the most significant greenhouse gas
emissions reductions from the surface transportation sector;
and
``(2) detailing, based on the best available science, what
types of projects eligible for assistance under this section
are not expected to provide significant greenhouse gas
emissions reductions from the surface transportation sector.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following new
item:
``171. Carbon pollution reduction.''.
(c) Applicability.--Subsection (b)(2) of section 171 of title 23,
United States Code, as added by this section, shall apply to a State
beginning on the first fiscal year following the fiscal year in which
the State sets greenhouse gas performance targets under section 150(d)
of title 23, United States Code.
SEC. 1214. RECREATIONAL TRAILS.
Section 206 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``except for'' and
all that follows and inserting the following: ``except
for--
``(A) a motorized wheelchair; and
``(B) in any case in which applicable laws and
regulations permit use, an electric bicycle, as defined
in section 217(j).'';
(B) in paragraph (2)--
(i) in subparagraph (F) by striking ``and''
at the end;
(ii) in subparagraph (G) by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(H) electric bicycling.''; and
(2) by adding at the end the following:
``(j) Special Rule.--Section 113 shall not apply to projects under
this section.
``(k) Use of Other Apportioned Funds.--Funds apportioned to a State
under section 104(b) that are obligated for recreational trails and
related projects shall be administered as if such funds were made
available for purposes described under this section.''.
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 210 the following:
``Sec. 211. Safe routes to school program
``(a) Program.--The Secretary shall carry out a safe routes to
school program for the benefit of children in primary, middle, and high
schools.
``(b) Purposes.--The purposes of the program shall be--
``(1) to enable and encourage children, including those
with disabilities, to walk and bicycle to school;
``(2) to make bicycling and walking to school a safer and
more appealing transportation alternative, thereby encouraging
a healthy and active lifestyle from an early age; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety and reduce traffic, fuel consumption, and air pollution
in the vicinity of schools.
``(c) Use of Funds.--Amounts apportioned to a State under
paragraphs (2) and (3) of section 104(b) may be used to carry out
projects, programs, and other activities under this section.
``(d) Eligible Entities.--Projects, programs, and activities funded
under this section may be carried out by eligible entities described
under section 133(h)(4)(B) that demonstrate an ability to meet the
requirements of this section.
``(e) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--A State may obligate funds under
this section for the planning, design, and construction
of infrastructure-related projects that will
substantially improve the ability of students to walk
and bicycle to school, including sidewalk improvements,
traffic calming and speed reduction improvements,
pedestrian and bicycle crossing improvements, on-street
bicycle facilities, off-street bicycle and pedestrian
facilities, secure bicycle parking facilities, and
traffic diversion improvements in the vicinity of
schools.
``(B) Location of projects.--Infrastructure-related
projects under subparagraph (A) may be carried out on
any public road or any bicycle or pedestrian pathway or
trail in the vicinity of schools.
``(2) Noninfrastructure-related activities.--In addition to
projects described in paragraph (1), a State may obligate funds
under this section for noninfrastructure-related activities to
encourage walking and bicycling to school, including--
``(A) public awareness campaigns and outreach to
press and community leaders;
``(B) traffic education and enforcement in the
vicinity of schools;
``(C) student sessions on bicycle and pedestrian
safety, health, and environment;
``(D) programs that address personal safety; and
``(E) funding for training, volunteers, and
managers of safe routes to school programs.
``(3) Safe routes to school coordinator.--Each State
receiving an apportionment under paragraphs (2) and (3) of
section 104(b) shall use a sufficient amount of the
apportionment to fund a full-time position of coordinator of
the State's safe routes to school program.
``(4) Rural school district outreach.--A coordinator
described in paragraph (3) shall conduct outreach to ensure
that rural school districts in the State are aware of such
State's safe routes to school program and any funds authorized
by this section.
``(f) Federal Share.--The Federal share of the cost of a project,
program, or activity under this section shall be 100 percent.
``(g) Clearinghouse.--
``(1) In general.--The Secretary shall maintain a national
safe routes to school clearinghouse to--
``(A) develop information and educational programs
on safe routes to school; and
``(B) provide technical assistance and disseminate
techniques and strategies used for successful safe
routes to school programs.
``(2) Funding.--The Secretary shall carry out this
subsection using amounts authorized to be appropriated for
administrative expenses under section 104(a).
``(h) Definitions.--In this section, the following definitions
apply:
``(1) In the vicinity of schools.--The term `in the
vicinity of schools' means, with respect to a school, the area
within bicycling and walking distance of the school
(approximately 2 miles).
``(2) Primary, middle, and high schools.--The term
`primary, middle, and high schools' means schools providing
education from kindergarten through twelfth grade.''.
(b) Technical and Conforming Amendments.--
(1) Repeal.--Section 1404 of SAFETEA-LU (Public Law 109-59;
119 Stat. 1228-1230), and the item relating to such section in
the table of contents in section 1(b) of such Act, are
repealed.
(2) Analysis.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item
relating to section 210 the following:
``211. Safe routes to school program.''.
SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``104(b)(3)'' and inserting
``104(b)(4)''; and
(B) by striking ``a position'' and inserting ``at
least one full-time positions'';
(2) in subsection (e) by striking ``bicycles'' and
inserting ``pedestrians or bicyclists'' each place such term
appears;
(3) in subsection (j)--
(A) in paragraph (1) by inserting ``or operators of
micromobility devices'' after ``bicyclists'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Electric bicycle.--The term `electric bicycle' means
mean a bicycle equipped with fully operable pedals, a saddle or
seat for the rider, and an electric motor of less than 750
watts that can safely share a bicycle transportation facility
with other users of such facility and meets the requirements of
one of the following three classes:
``(A) Class 1 electric bicycle.--The term `class 1
electric bicycle' means an electric bicycle equipped
with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide
assistance when the bicycle reaches the speed of 20
miles per hour.
``(B) Class 2 electric bicycle.--The term `class 2
electric bicycle' means an electric bicycle equipped
with a motor that may be used exclusively to propel the
bicycle, and that is not capable of providing
assistance when the bicycle reaches the speed of 20
miles per hour.
``(C) Class 3 electric bicycle.--The term `class 3
electric bicycle' means an electric bicycle equipped
with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide
assistance when the bicycle reaches the speed of 28
miles per hour.
``(3) Micromobility device.--The term `micromobility
device' means any wheeled vehicle equipped with a low powered
electric motor--
``(A) that is designed primarily for human
transport;
``(B) that weighs not more than 100 pounds; and
``(C) that has a top speed of 20 miles per hour or
less.''.
SEC. 1217. NOISE BARRIERS.
(a) Permitting Use of Highway Trust Fund for Construction of
Certain Noise Barriers.--Section 339(b)(1) of the National Highway
System Designation Act of 1995 (23 U.S.C. 109 note) is amended to read
as follows:
``(1) General rule.--No funds made available out of the
Highway Trust Fund may be used to construct a Type II noise
barrier (as defined by section 772.5(I) of title 23, Code of
Federal Regulations) pursuant to subsections (h) and (I) of
section 109 of title 23, United States Code, unless--
``(A) such a barrier is part of a project approved
by the Secretary before November 28, 1995; or
``(B) such a barrier separates a highway or other
noise corridor from a group of structures of which the
majority of those closest to the highway or noise
corridor--
``(i) are residential in nature; and
``(ii) either--
``(I) were constructed before the
construction or most recent widening of
the highway or noise corridor; or
``(II) are at least 10 years
old.''.
(b) Eligibility for Surface Transportation Program Funds.--Section
133 of title 23, United States Code, is amended--
(1) in subsection (b) by adding at the end the following:
``(22) Planning, design, or construction of a Type II noise
barrier (as described in section 772.5 of title 23, Code of
Federal Regulations).''; and
(2) in subsection (c)(2) by inserting ``and paragraph
(22)'' after ``(11)''.
SEC. 1218. SAFE STREETS FOR ALL.
Section 148 of title 23, United States Code, is further amended by
adding at the end the following:
``(m) Safe Streets for All.--
``(1) Safe streets set-aside.--
``(A) Establishment.--The Secretary shall establish
a safe streets program to eliminate the occurrence of
transportation-related fatalities and serious injuries
on public roads, with a focus on vulnerable road users.
``(B) Amount.--Of the funds apportioned to a State
under section 104(b)(3) for each fiscal year, the
Secretary shall reserve an amount such that--
``(i) the Secretary reserves a total under
this subsection of $500,000,000 for each of
fiscal years 2023 through 2026; and
``(ii) the State's share of that total is
distributed in the same manner as the amount
apportioned to the State under section
104(b)(3) for each fiscal year bears to the
total amount of funds apportioned to all States
under such section.
``(2) Suballocation.--
``(A) In general.--For each fiscal year for which
funds are set aside under this subsection, such funds
shall be obligated within a State in the manner
described in subsections (d) and (e) of section 133,
except that, for the purposes of this subsection--
``(i) the percentage referred to in section
133(d)(1)(A) shall be treated as 100 percent;
and
``(ii) before obligating funds for a
project located fully or partially within an
area described in subparagraph (B) that is
under the jurisdiction of a unit of local
government, a State or metropolitan planning
organization shall consult with such unit of
local government regarding project selection.
``(B) Area described.--An area described in this
subparagraph is an area with a population greater than
200,000.
``(3) Use of funds.--
``(A) In general.--Funds set aside under this
subsection shall be available for obligation--
``(i) for a complete streets project that
supports the safe, comfortable, convenient, and
independent movement of all users of the
transportation system, of all ages and
abilities, consistent with context sensitive
design principles;
``(ii) for activities eligible under the
safe routes to school program under section
211;
``(iii) to develop and implement the
policies and procedures described in section
109(s);
``(iv) for any element of vision zero
planning described under section 1601 of the
INVEST in America Act and to implement an
existing vision zero plan;
``(v) for other activities in furtherance
of the vulnerable road user safety assessment
of the State or the metropolitan planning
organization described under subsection (l);
and
``(vi) for any other project, program, or
plan eligible under this section that provides
for the safe and adequate accommodation of all
users of the surface transportation network, as
determined by the Secretary.
``(B) Special rule.--If a State or metropolitan
planning organization demonstrates to the satisfaction
of the Secretary that such State or metropolitan
planning organization has met all its needs for
vulnerable road user safety under this section, the
State or metropolitan planning organization may use
funds made available under this subsection for other
highway safety improvement program purposes, subject to
the suballocation under paragraph (2). The Secretary
may not make a determination under this subparagraph if
the State or metropolitan planning organization has
been subject to the special rule described in
subsection (g)(3) within the last 5 years.''.
SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 211 (as added by this Act) the
following:
``Sec. 212. Use of youth service and conservation corps
``(a) In General.--The Secretary may allow and shall encourage
project sponsors to enter into contracts and cooperative agreements
with qualified youth service or conservation corps, as described in
sections 122(a)(2) of the National and Community Service Act of 1990
(42 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and Community
Service Trust Act of 1993 (42 U.S.C. 12656(c)(3)) to perform
appropriate projects eligible under sections 133(h), 162, 206, and 211.
``(b) Requirements.--Under any contract or cooperative agreement
entered into with a qualified youth service or conservation corps under
this section, the Secretary shall--
``(1) set the amount of a living allowance or rate of pay
for each participant in such corps at--
``(A) such amount or rate as required under State
law in a State with such requirements; or
``(B) for corps in States not described in
subparagraph (A), at such amount or rate as determined
by the Secretary, not to exceed the maximum living
allowance authorized by section 140 of the National and
Community Service Act of 1990 (42 U.S.C. 12594); and
``(2) not subject such corps to the requirements of section
112.''.
(b) Clerical Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item relating to
section 211 (as added by this Act) the following:
``212. Use of youth service and conservation corps.''.
SEC. 1220. NATIONAL SCENIC BYWAYS PROGRAM.
Section 162 of title 23, United States Code, is amended by adding
at the end the following:
``(g) State.--In this section, the term `State' has the meaning
given such term in section 401.''.
SEC. 1221. FUNDING FOR BORDER INFRASTRUCTURE.
Section 1437(a) of the FAST Act (23 U.S.C. 101 note) is amended by
striking ``5 percent'' and inserting ``7 percent''.
Subtitle C--Project-Level Investments
SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
(a) In General.--Section 117 of title 23, United States Code, is
amended to read as follows:
``Sec. 117. Projects of national and regional significance
``(a) Establishment.--The Secretary shall establish a projects of
national and regional significance program under which the Secretary
may make grants to, and establish multiyear grant agreements with,
eligible entities in accordance with this section.
``(b) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, in such manner, and containing such information as the Secretary
may require.
``(c) Grant Amounts and Project Costs.--
``(1) In general.--Each grant made under this section--
``(A) shall be in an amount that is at least
$25,000,000; and
``(B) shall be for a project that has eligible
project costs that are reasonably anticipated to equal
or exceed the lesser of--
``(i) $100,000,000; or
``(ii) in the case of a project--
``(I) located in 1 State or
territory, 30 percent of the amount
apportioned under this chapter to the
State or territory in the most recently
completed fiscal year; or
``(II) located in more than 1 State
or territory, 50 percent of the amount
apportioned under this chapter to the
participating State or territory with
the largest apportionment under this
chapter in the most recently completed
fiscal year.
``(2) Large projects.--For a project that has eligible
project costs that are reasonably anticipated to equal or
exceed $500,000,000, a grant made under this section--
``(A) shall be in an amount sufficient to fully
fund the project, or in the case of a public
transportation project, a minimum operable segment, in
combination with other funding sources, including non-
Federal financial commitment, identified in the
application; and
``(B) may be awarded pursuant to the process under
subsection (d), as necessary based on the amount of the
grant.
``(d) Multiyear Grant Agreements for Large Projects.--
``(1) In general.--A large project that receives a grant
under this section may be carried out through a multiyear grant
agreement in accordance with this subsection.
``(2) Requirements.--A multiyear grant agreement for a
large project shall--
``(A) establish the terms of participation by the
Federal Government in the project;
``(B) establish the amount of Federal financial
assistance for the project;
``(C) establish a schedule of anticipated Federal
obligations for the project that provides for
obligation of the full grant amount by not later than 4
fiscal years after the fiscal year in which the initial
amount is provided; and
``(D) determine the period of time for completing
the project, even if such period extends beyond the
period of an authorization.
``(3) Special rules.--
``(A) In general.--A multiyear grant agreement
under this subsection--
``(i) shall obligate an amount of available
budget authority specified in law; and
``(ii) may include a commitment, contingent
on amounts to be specified in law in advance
for commitments under this paragraph, to
obligate an additional amount from future
available budget authority specified in law.
``(B) Contingent commitment.--A contingent
commitment under this subsection is not an obligation
of the Federal Government under section 1501 of title
31.
``(C) Interest and other financing costs.--
``(i) In general.--Interest and other
financing costs of carrying out a part of the
project within a reasonable time shall be
considered a cost of carrying out the project
under a multiyear grant agreement, except that
eligible costs may not be more than the cost of
the most favorable financing terms reasonably
available for the project at the time of
borrowing.
``(ii) Certification.--The applicant shall
certify to the Secretary that the applicant has
shown reasonable diligence in seeking the most
favorable financing terms.
``(4) Advance payment.--An eligible entity carrying out a
large project under a multiyear grant agreement--
``(A) may use funds made available to the eligible
entity under this title or title 49 for eligible
project costs of the large project; and
``(B) shall be reimbursed, at the option of the
eligible entity, for such expenditures from the amount
made available under the multiyear grant agreement for
the project in that fiscal year or a subsequent fiscal
year.
``(e) Eligible Projects.--
``(1) In general.--The Secretary may make a grant under
this section only for a project that is a project eligible for
assistance under this title or chapter 53 of title 49 and is--
``(A) a bridge project carried out on the National
Highway System, or that is eligible to be carried out
under section 165;
``(B) a project to improve person throughput that
is--
``(i) a highway project carried out on the
National Highway System, or that is eligible to
be carried out under section 165;
``(ii) a public transportation project; or
``(iii) a capital project, as such term is
defined in section 22906 of title 49, to
improve intercity rail passenger
transportation; or
``(C) a project to improve freight throughput that
is--
``(i) a highway freight project carried out
on the National Highway Freight Network
established under section 167 or on the
National Highway System;
``(ii) a freight intermodal, freight rail,
or railway-highway grade crossing or grade
separation project; or
``(iii) within the boundaries of a public
or private freight rail, water (including
ports), or intermodal facility and that is a
surface transportation infrastructure project
necessary to facilitate direct intermodal
interchange, transfer, or access into or out of
the facility.
``(2) Limitation.--
``(A) Certain freight projects.--Projects described
in clauses (ii) and (iii) of paragraph (1)(C) may
receive a grant under this section only if--
``(i) the project will make a significant
improvement to the movement of freight on the
National Highway System; and
``(ii) the Federal share of the project
funds only elements of the project that provide
public benefits.
``(B) Certain projects for person throughput.--
Projects described in clauses (ii) and (iii) of
paragraph (1)(B) may receive a grant under this section
only if the project will make a significant improvement
in mobility on public roads.
``(f) Eligible Project Costs.--An eligible entity receiving a grant
under this section may use such grant for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements directly related to
improving system performance.
``(g) Project Requirements.--The Secretary may select a project
described under this section for funding under this section only if the
Secretary determines that the project--
``(1) generates significant regional or national economic,
mobility, safety, resilience, or environmental benefits;
``(2) is cost effective;
``(3) is based on the results of preliminary engineering;
``(4) has secured or will secure acceptable levels of non-
Federal financial commitments, including--
``(A) one or more stable and dependable sources of
funding and financing to construct, maintain, and
operate the project; and
``(B) contingency amounts to cover unanticipated
cost increases;
``(5) cannot be easily and efficiently completed without
additional Federal funding or financial assistance available to
the project sponsor, beyond existing Federal apportionments;
and
``(6) is reasonably expected to begin construction not
later than 18 months after the date of obligation of funds for
the project.
``(h) Merit Criteria and Considerations.--
``(1) Merit criteria.--In awarding a grant under this
section, the Secretary shall evaluate the following merit
criteria:
``(A) The extent to which the project supports
achieving a state of good repair.
``(B) The level of benefits the project is expected
to generate, including--
``(i) the costs avoided by the prevention
of closure or reduced use of the asset to be
improved by the project;
``(ii) reductions in maintenance costs over
the life of the asset;
``(iii) safety benefits, including the
reduction of accidents and related costs;
``(iv) improved person or freight
throughput, including congestion reduction and
reliability improvements;
``(v) national and regional economic
benefits;
``(vi) resilience benefits, including the
ability to withstand disruptions from a seismic
event;
``(vii) environmental benefits, including
reduction in greenhouse gas emissions and air
quality benefits; and
``(viii) benefits to all users of the
project, including pedestrian, bicycle,
nonvehicular, railroad, and public
transportation users.
``(C) How the benefits compare to the costs of the
project.
``(D) The average number of people or volume of
freight, as applicable, supported by the project,
including visitors based on travel and tourism.
``(2) Additional considerations.--In awarding a grant under
this section, the Secretary shall consider the following:
``(A) Whether the project spans at least 1 border
between 2 States.
``(B) Whether the project serves low-income
residents of low-income communities, including areas of
persistent poverty, while not displacing such
residents.
``(C) Whether the project uses innovative
technologies, innovative design and construction
techniques, or pavement materials that demonstrate
reductions in greenhouse gas emissions through
sequestration or innovative manufacturing processes
and, if so, the degree to which such technologies,
techniques, or materials are used.
``(D) Whether the project improves connectivity
between modes of transportation moving people or goods
in the Nation or region.
``(E) Whether the project provides new or improved
connections between at least two metropolitan areas
with a population of at least 500,000.
``(F) Whether the project would replace,
reconstruct, or rehabilitate a commuter corridor
(including a high-commuter corridor (as such term is
defined in section 203(a)(6))) that is in poor
condition.
``(G) Whether the project would improve the shared
transportation corridor of a multistate corridor.
``(i) Project Selection.--
``(1) Evaluation.--To evaluate applications for funding
under this section, the Secretary shall--
``(A) determine whether a project is eligible for a
grant under this section;
``(B) evaluate, through a methodology that is
discernible and transparent to the public, how each
application addresses the merit criteria pursuant to
subsection (h);
``(C) assign a quality rating for each merit
criteria for each application based on the evaluation
in subparagraph (B);
``(D) ensure that applications receive final
consideration by the Secretary to receive an award
under this section only on the basis of such quality
ratings and that the Secretary gives final
consideration only to applications that meet the
minimally acceptable level for each of the merit
criteria; and
``(E) award grants only to projects rated highly
under the evaluation and rating process.
``(2) Considerations for large projects.--In awarding a
grant for a large project, the Secretary shall--
``(A) consider the amount of funds available in
future fiscal years for the program under this section;
and
``(B) assume the availability of funds in future
fiscal years for the program that extend beyond the
period of authorization based on the amount made
available for the program in the last fiscal year of
the period of authorization.
``(3) Geographic distribution.--In awarding grants under
this section, the Secretary shall ensure geographic diversity
and a balance between rural and urban communities among grant
recipients over fiscal years 2023 through 2026.
``(4) Publication of methodology.--
``(A) In general.--Prior to the issuance of any
notice of funding opportunity for grants under this
section, the Secretary shall publish and make publicly
available on the Department's website--
``(i) a detailed explanation of the merit
criteria developed under subsection (h);
``(ii) a description of the evaluation
process under this subsection; and
``(iii) how the Secretary shall determine
whether a project satisfies each of the
requirements under subsection (g).
``(B) Updates.--The Secretary shall update and make
publicly available on the website of the Department of
Transportation such information at any time a revision
to the information described in subparagraph (A) is
made.
``(C) Information required.--The Secretary shall
include in the published notice of funding opportunity
for a grant under this section detailed information on
the rating methodology and merit criteria to be used to
evaluate applications, or a reference to the
information on the website of the Department of
Transportation, as required by subparagraph (A).
``(j) Federal Share.--
``(1) In general.--The Federal share of the cost of a
project carried out with a grant under this section may not
exceed 60 percent.
``(2) Maximum federal involvement.--Federal assistance
other than a grant under this section may be used to satisfy
the non-Federal share of the cost of a project for which such a
grant is made, except that the total Federal assistance
provided for a project receiving a grant under this section may
not exceed 80 percent of the total project cost.
``(k) Bridge Investments.--Of the amounts made available to carry
out this section, the Secretary shall reserve not less than
$1,000,000,000 in each fiscal year to make grants for projects
described in subsection (e)(1)(A).
``(l) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to
a public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail
component.--For any passenger or freight rail
component of a project, the requirements of
section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--
For any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy America
requirements under section 313 of this title and
sections 5320, 22905(a), and 24305(f) of title 49 to a
multimodal project under this paragraph, the Secretary
shall--
``(i) consider the various modal components
of the project; and
``(ii) seek to maximize domestic jobs.
``(m) TIFIA Program.--At the request of an eligible entity under
this section, the Secretary may use amounts awarded to the entity to
pay subsidy and administrative costs necessary to provide the entity
Federal credit assistance under chapter 6 with respect to the project
for which the grant was awarded.
``(n) Administration.--Of the amounts made available to carry out
this section, the Secretary may use up to $5,000,000 in each fiscal
year for the costs of administering the program under this section.
``(o) Technical Assistance.--Of the amounts made available to carry
out this section, the Secretary may reserve up to $5,000,000 to provide
technical assistance to eligible entities.
``(p) Congressional Review.--
``(1) Notification.--Not less than 60 days before making an
award under this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Commerce, Science, and Transportation of
the Senate--
``(A) a list of all applications determined to be
eligible for a grant by the Secretary;
``(B) the quality ratings assigned to each
application pursuant to subsection (i);
``(C) a list of applications that received final
consideration by the Secretary to receive an award
under this section;
``(D) each application proposed to be selected for
a grant award;
``(E) proposed grant amounts, including for each
new multiyear grant agreement, the proposed payout
schedule for the project; and
``(F) an analysis of the impacts of any large
projects proposed to be selected on existing
commitments and anticipated funding levels for the next
4 fiscal years, based on information available to the
Secretary at the time of the report.
``(2) Committee review.--Before the last day of the 60-day
period described in paragraph (1), each Committee described in
paragraph (1) shall review the Secretary's list of proposed
projects.
``(3) Congressional disapproval.--The Secretary may not
make a grant or any other obligation or commitment to fund a
project under this section if a joint resolution is enacted
disapproving funding for the project before the last day of the
60-day period described in paragraph (1).
``(q) Transparency.--
``(1) In general.--Not later than 30 days after awarding a
grant for a project under this section, the Secretary shall
send to all applicants, and publish on the website of the
Department of Transportation--
``(A) a summary of each application made to the
program for the grant application period; and
``(B) the evaluation and justification for the
project selection, including ratings assigned to all
applications and a list of applications that received
final consideration by the Secretary to receive an
award under this section, for the grant application
period.
``(2) Briefing.--The Secretary shall provide, at the
request of a grant applicant under this section, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(r) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State or a group of States;
``(2) a unit of local government, including a metropolitan
planning organization, or a group of local governments;
``(3) a political subdivision of a State or local
government;
``(4) a special purpose district or public authority with a
transportation function, including a port authority;
``(5) an Indian Tribe or Tribal organization;
``(6) a Federal agency eligible to receive funds under
section 201, 203, or 204, including the Army Corps of
Engineers, Bureau of Reclamation, and the Bureau of Land
Management, that applies jointly with a State or group of
States;
``(7) a territory; and
``(8) a multistate or multijurisdictional group of entities
described in this subsection.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
117 and inserting the following:
``117. Projects of national and regional significance.''.
SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, as
amended by this title, is further amended by adding at the end the
following:
``Sec. 173. Community transportation investment grant program
``(a) Establishment.--The Secretary shall establish a community
transportation investment grant program to improve surface
transportation safety, state of good repair, accessibility, and
environmental quality through infrastructure investments.
``(b) Grant Authority.--
``(1) In general.--In carrying out the program established
under subsection (a), the Secretary shall make grants, on a
competitive basis, to eligible entities in accordance with this
section.
``(2) Grant amount.--The maximum amount of a grant under
this section shall be $25,000,000.
``(c) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
may require.
``(d) Eligible Project Costs.--Grant amounts for an eligible
project carried out under this section may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to such land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
``(e) Rural and Community Setasides.--
``(1) In general.--The Secretary shall reserve--
``(A) not less than 25 percent of the amounts made
available to carry out this section for projects
located in rural areas; and
``(B) not less than 25 percent of the amounts made
available to carry out this section for projects
located in areas with a population greater than 74,999
individuals and fewer than 200,001 individuals.
``(2) Definition of rural area.--In this subsection, the
term `rural area' means all areas of a State or territory that
are outside of an urbanized area with a population greater than
74,999 individuals, as determined by the Bureau of the Census.
``(3) Investments in colonias.--
``(A) In general.--Of the grants made available
under this section, for fiscal years 2023 through 2026,
a total of not less than $20,000,000 shall be made
available to provide grants that improve the safety,
state of good repair, or connectivity of surface
transportation infrastructure eligible under this
section in and providing access to, colonias.
``(B) Rural and community set asides.--Funds made
available under this section in areas described in
paragraphs (1)(A) or (1)(B) shall count toward the set
aside described in the applicable paragraph.
``(C) Colonia defined.--In this subsection, the
term `colonia' means any identifiable community that--
``(i) is in the State of Arizona,
California, New Mexico, or Texas;
``(ii) is in the area of the United States
within 150 miles of the border between the
United States and Mexico, except that the term
does not include any standard metropolitan
statistical area that has a population
exceeding 1,000,000; and
``(iii) is determined to be a colonia on
the basis of objective criteria, including lack
of potable water supply, lack of adequate
sewage systems, and lack of decent, safe, and
sanitary housing.
``(4) Excess funding.--If the Secretary determines that
there are insufficient qualified applicants to use the funds
set aside under this subsection, the Secretary may use such
funds for grants for any projects eligible under this section.
``(f) Evaluation.--To evaluate applications under this section, the
Secretary shall--
``(1) develop a process to objectively evaluate
applications on the benefits of the project proposed in such
application--
``(A) to transportation safety, including
reductions in traffic fatalities and serious injuries;
``(B) to state of good repair, including improved
condition of bridges and pavements;
``(C) to transportation system access, including
improved access to jobs and services; and
``(D) in reducing greenhouse gas emissions;
``(2) develop a rating system to assign a numeric value to
each application, based on each of the criteria described in
paragraph (1);
``(3) for each application submitted, compare the total
benefits of the proposed project, as determined by the rating
system developed under paragraph (2), with the costs of such
project, and rank each application based on the results of the
comparison; and
``(4) ensure that only such applications that are ranked
highly based on the results of the comparison conducted under
paragraph (3) are considered to receive a grant under this
section.
``(g) Weighting.--In establishing the evaluation process under
subsection (f), the Secretary may assign different weights to the
criteria described in subsection (f)(1) based on project type,
population served by a project, and other context-sensitive
considerations, provided that--
``(1) each application is rated on all criteria described
in subsection (f)(1); and
``(2) each application has the same possible minimum and
maximum rating, regardless of any differences in the weighting
of criteria.
``(h) Transparency.--
``(1) Publicly available information.--Prior to the
issuance of any notice of funding opportunity under this
section, the Secretary shall make publicly available on the
website of the Department of Transportation a detailed
explanation of the evaluation and rating process developed
under subsection (f), including any differences in the
weighting of criteria pursuant to subsection (g), if
applicable, and update such website for each revision of the
evaluation and rating process.
``(2) Notifications to congress.--The Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee on Environment and
Public Works of the Senate, the Committee on Banking, Housing,
and Urban Affairs of the Senate, and the Committee on Commerce,
Science, and Transportation of the Senate the following written
notifications:
``(A) A notification when the Secretary publishes
or updates the information required under paragraph
(1).
``(B) Not later than 30 days prior to the date on
which the Secretary awards a grant under this section,
a notification that includes--
``(i) the ratings of each application
submitted pursuant to subsection (f)(2);
``(ii) the ranking of each application
submitted pursuant to subsection (f)(3); and
``(iii) a list of all applications that
receive final consideration by the Secretary to
receive an award under this section pursuant to
subsection (f)(4).
``(C) Not later than 3 business days prior to the
date on which the Secretary announces the award of a
grant under this section, a notification describing
each grant to be awarded, including the amount and the
recipient.
``(i) Technical Assistance.--Of the amounts made available to carry
out this section, the Secretary may reserve up to $3,000,000 in each
fiscal year to provide technical assistance to eligible entities.
``(j) Administration.--Of the amounts made available to carry out
this section, the Secretary may reserve up to $5,000,000 for the
administrative costs of carrying out the program under this section.
``(k) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to
a public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail
component.--For any passenger or freight rail
component of a project, the requirements of
section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--
For any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy America
requirements under section 313 of this title and
sections 5320, 22905(a), and 24305(f) of title 49 to a
multimodal project under this paragraph, the Secretary
shall--
``(i) consider the various modal components
of the project; and
``(ii) seek to maximize domestic jobs.
``(l) Transparency.--
``(1) In general.--Not later than 30 days after awarding a
grant for a project under this section, the Secretary shall
send to all applicants, and publish on the website of the
Department of Transportation--
``(A) a summary of each application made to the
program for the grant application period; and
``(B) the evaluation and justification for the
project selection, including ratings and rankings
assigned to all applications and a list of applications
that received final consideration by the Secretary to
receive an award under this section, for the grant
application period.
``(2) Briefing.--The Secretary shall provide, at the
request of a grant applicant under this section, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(m) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a metropolitan planning organization;
``(B) a unit of local government;
``(C) a transit agency;
``(D) an Indian Tribe or Tribal organization;
``(E) a multijurisdictional group of entities
described in this paragraph;
``(F) a special purpose district with a
transportation function or a port authority;
``(G) a territory; or
``(H) a State that applies for a grant under this
section jointly with an entity described in
subparagraphs (A) through (G).
``(2) Eligible project.--The term `eligible project' means
any project eligible under this title or chapter 53 of title
49.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is further amended by adding at the end the
following new item:
``173. Community transportation investment grant program.''.
SEC. 1303. CLEAN CORRIDORS PROGRAM.
(a) Purpose.--The purpose of this section is to establish a formula
program to strategically deploy electric vehicle charging
infrastructure along designated alternative fuel corridors that will be
accessible to all drivers of electric vehicles.
(b) National Electric Vehicle Charging and Hydrogen, Propane, and
Natural Gas Fueling Corridors.--Section 151 of title 23, United States
Code, is amended--
(1) in subsection (a) by striking ``Not later than 1 year
after the date of enactment of the FAST Act, the Secretary
shall'' and inserting ``The Secretary shall periodically'';
(2) in subsection (b)(2) by inserting ``previously
designated by the Federal Highway Administration or'' after
``fueling corridors'';
(3) in subsection (d)--
(A) by striking ``Not later than'' and inserting
the following:
``(1) In general.--Not later than'';
(B) by striking ``5 years after the date of
establishment of the corridors under subsection (a),
and every 5 years thereafter'' and inserting ``180 days
after the date of enactment of the INVEST in America
Act'';
(C) by inserting ``establish a recurring process to
regularly'' after ``the Secretary shall''; and
(D) by adding at the end the following:
``(2) Freight corridors.--Not later than 1 year after the
date of enactment of the INVEST in America Act, the Secretary
shall designate national electric vehicle charging and hydrogen
fueling freight corridors that identify the near- and long-term
need for, and the location of, electric vehicle charging and
hydrogen fueling infrastructure to support freight and goods
movement at strategic locations along major national highways,
the National Highway Freight Network, and goods movement
locations including ports, intermodal centers, and warehousing
locations.'';
(4) in subsection (e)--
(A) in paragraph (1) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2)--
(i) by striking ``establishes an
aspirational goal of achieving'' and inserting
``describes efforts to achieve''; and
(ii) by striking ``by the end of fiscal
year 2020.'' and inserting ``, including
progress on the implementation of subsection
(f); and'';
(C) by adding at the end the following:
``(3) summarizes best practices and provides guidance,
developed through consultation with the Secretary of Energy,
for project development of electric vehicle charging
infrastructure to allow for the predictable deployment of such
infrastructure.''; and
(5) by adding at the end the following:
``(f) Clean Corridors Program.--
``(1) Establishment.--There is established a clean
corridors program (referred to in this subsection as the
``Program'') to provide funding to States to strategically
deploy electric vehicle charging and hydrogen fueling
infrastructure along alternative fuel corridors and to
establish an interconnected network to facilitate data
collection, access, and reliability.
``(2) Purpose.--The purpose of the Program is to provide
funding for--
``(A) the acquisition and installation of electric
vehicle charging infrastructure and hydrogen fueling
infrastructure to serve as a catalyst for the
deployment of such infrastructure and to connect it to
a network to facilitate data collection, access, and
reliability;
``(B) proper operation and maintenance of electric
vehicle charging infrastructure; and
``(C) data sharing about charging and fueling
infrastructure to ensure the long-term success of
investments made through the Program.
``(3) Alternative distribution of funds.--
``(A) Plan.--
``(i) In general.--The Secretary shall
establish a deadline by which a State shall
provide a plan to the Secretary, in such form
and such manner that the Secretary requires,
describing how such State intends to use its
allocation under this section.
``(ii) Report of state plans to congress.--
Not later than 120 days after the deadline
established in clause (i), the Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Environment and Public
Works of the Senate a report detailing--
``(I) a summary of each plan
submitted by a State to the Department
of Transportation; and
``(II) an assessment of how such
plans make progress towards the
establishment of a national network of
electric vehicle charging stations.
``(B) Efficient obligation of funds.--If a State
fails to submit the plan required by subparagraph (A)
to the Secretary in a timely manner, or if the
Secretary determines a State has not taken sufficient
action to carry out its plan, the Secretary may--
``(i) withdraw from the State the funds
that were apportioned to the State for a fiscal
year under section 104(b)(10);
``(ii) award such funds on a competitive
basis to local units of government within the
State for use on projects that meet the
eligibility requirements described in paragraph
(4); and
``(iii) ensure timely obligation of such
funds.
``(C) Redistribution among states.--If the
Secretary determines that any funds withdrawn from a
State under subparagraph (B)(i) cannot be fully awarded
to local units of government within the State under
subparagraph (B)(ii) in a manner consistent with the
purpose of this subsection, any such funds remaining
under subparagraph (B)(i) shall be--
``(i) apportioned among other States
(except States for which funds for that fiscal
year have been withdrawn under subparagraph
(B)(i)) in the same ratio as funds apportioned
for that fiscal year under section
104(b)(10)(C) for the Program; and
``(ii) only available to carry out this
section.
``(4) Eligible projects.--
``(A) In general.--Funding made available under
this subsection shall be for projects--
``(i) directly related to the electric
charging or hydrogen fueling of a vehicle; and
``(ii) only for infrastructure that is open
to the general public or to authorized
commercial motor vehicle operators from more
than 1 company.
``(B) Location of infrastructure.--
``(i) In general.--Any charging or fueling
infrastructure acquired or installed with
funding under this subsection shall be located
along an alternative fuel corridor.
``(ii) Guidance.--Not later than 90 days
after the date of enactment of the INVEST in
America Act, the Secretary of Transportation,
in coordination with the Secretary of Energy,
shall develop guidance for States and
localities to strategically deploy charging and
fueling infrastructure along alternative fuel
corridors, consistent with this section.
``(iii) Additional considerations.--In
developing the guidance required under clause
(ii), the Secretary of Transportation, in
coordination with the Secretary of Energy,
shall consider, as appropriate--
``(I) the distance between publicly
available charging and fueling
infrastructure eligible under this
section;
``(II) connections to the electric
grid or fuel distribution system,
including electric distribution
upgrades, vehicle-to-grid integration,
including smart charge management or
other protocols that can minimize
impacts to the electric grid, and
alignment with electric distribution
interconnection processes;
``(III) meeting current and
anticipated market demands for charging
or fueling infrastructure, including
with regard to power levels and
charging speed, and minimizing the time
to charge or refuel current and
anticipated vehicles;
``(IV) plans to protect the
electric grid from added load of
charging distribution systems from
adverse impacts of changing load
patterns, including through on site
storage;
``(V) plans for the use of
renewable energy sources to power
charging, energy storage, and hydrogen
fuel production;
``(VI) the proximity of existing
off-highway travel centers, fuel
retailers, and small businesses to
electric vehicle charging
infrastructure acquired or funded under
this subsection, including
recommendations for promoting efficient
dwell times based on best practices;
``(VII) the need for--
``(aa) publicly available
electric vehicle charging
infrastructure in rural
corridors;
``(bb) equitable deployment
of electric vehicle charging
infrastructure in underserved
or disadvantaged communities;
``(cc) vehicle charging
infrastructure that is easily
accessible to residents of
public or affordable housing
and multi-unit dwellings; and
``(dd) consideration of the
beneficial health impacts of
installing electric vehicle
charging infrastructure in
densely populated communities
with high rates of poverty, air
pollution, and asthma;
``(VIII) the long-term operation
and maintenance of publicly available
electric vehicle charging
infrastructure to avoid stranded assets
and protect the investment of public
funds in that infrastructure;
``(IX) existing private, national,
State, local, Tribal, and territorial
government electric vehicle charging
infrastructure programs and incentives;
``(X) fostering enhanced,
coordinated, public-private or private
investment in charging and fueling
infrastructure;
``(XI) ensuring consumer protection
and pricing transparency;
``(XII) the availability of onsite
amenities for vehicle operators,
including restrooms or food facilities;
and
``(XIII) any other factors, as
determined by the Secretary.
``(5) Eligible project costs.--Subject to paragraph (6),
funds made available under this subsection may be used for--
``(A) the acquisition or installation of electric
vehicle charging or hydrogen fueling infrastructure;
``(B) operating assistance for costs allocable to
operating and maintaining infrastructure acquired or
installed under this subsection, for a period not to
exceed five years;
``(C) the acquisition or installation of traffic
control devices located in the right-of-way to provide
directional information to infrastructure acquired,
installed, or operated under this subsection; or
``(D) on-premises signs to provide information
about infrastructure acquired, installed, or operated
under this subsection.
``(6) Project requirements.--Not later than 180 days after
the date of enactment of the INVEST in America Act, the
Secretary of Transportation, in coordination with the Secretary
of Energy and in consultation with relevant stakeholders,
shall, as appropriate, develop standards and requirements for
electric vehicle charging infrastructure under this subsection
related to--
``(A) the installation, operation, or maintenance
by qualified technicians of electric vehicle charging
infrastructure funded under this subsection;
``(B) the interoperability of electric vehicle
charging infrastructure funded under this subsection;
``(C) any traffic control device or on-premises
sign acquired, installed, or operated under this
subsection;
``(D) any data requested by the Secretary related
to a project funded under this subsection, including
the format and schedule for the submission of such
data;
``(E) network connectivity of electric vehicle
charging infrastructure funded under this subsection
that includes measures to protect personal privacy and
ensure cybersecurity; and
``(F) information on publicly available electric
vehicle charging station locations, station operator
contact information, number of simultaneous refueling
positions, pricing, and real-time availability to be
made publicly available and easily accessible,
including through applicable mapping applications.
``(7) Federal share.--The Federal share payable for the
cost of a project funded under this subsection shall be 80
percent.
``(8) Period of availability.--Notwithstanding section
118(b), funds made available for the Program shall be available
until expended.
``(9) Additional assistance grants.--For each of fiscal
years 2023 through 2026, before making an apportionment under
section 104(b)(10), the Secretary shall set aside, from amounts
made available to carry out the clean corridors program under
this subsection, $100,000,000 for grants to States or
localities that require additional assistance to strategically
deploy infrastructure eligible under this subsection along
alternative fuel corridors to fill gaps in the national
charging network, including in rural areas and underserved or
disadvantaged communities.
``(10) Definition of alternative fuel corridors.--In this
subsection, the term `alternative fuel corridors' means a fuel
corridor--
``(A) designated under subsection (a); or
``(B) equivalent to a fuel corridor described under
such subsection that is designated, after consultation
with any affected Indian Tribes or Tribal
organizations, by a State or group of States.''.
SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code, as
amended by this title, is further amended by inserting after section
171 the following:
``Sec. 172. Community climate innovation grants
``(a) Establishment.--The Secretary shall establish a community
climate innovation grant program (in this section referred to as the
`Program') to make grants, on a competitive basis, for locally selected
projects that reduce greenhouse gas emissions while improving the
mobility, accessibility, and connectivity of the surface transportation
system.
``(b) Purpose.--The purpose of the Program shall be to support
communities in reducing greenhouse gas emissions from the surface
transportation system.
``(c) Eligible Applicants.--The Secretary may make grants under the
Program to the following entities:
``(1) A metropolitan planning organization.
``(2) A unit of local government or a group of local
governments, or a county or multi-county special district.
``(3) A subdivision of a local government.
``(4) A transit agency.
``(5) A special purpose district with a transportation
function or a port authority.
``(6) An Indian Tribe or Tribal organization.
``(7) A territory.
``(8) A multijurisdictional group of entities described in
paragraphs (1) through (7).
``(d) Applications.--To be eligible for a grant under the Program,
an entity specified in subsection (c) shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary determines appropriate.
``(e) Eligible Projects.--The Secretary may only provide a grant
under the Program for a project that is expected to yield a significant
reduction in greenhouse gas emissions from the surface transportation
system and--
``(1) is a project eligible for assistance under this title
or under chapter 53 of title 49, or is a capital project for
vehicles and facilities, whether publicly or privately owned,
that are used to provide intercity passenger service by bus; or
``(2) is a capital project as defined in section 22906 of
title 49 to improve intercity passenger rail that will yield a
significant reduction in single occupant vehicle trips and
improve mobility on public roads.
``(f) Eligible Uses.--Grant amounts received for a project under
the Program may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
``(g) Project Prioritization.--In making grants for projects under
the Program, the Secretary shall give priority to projects that are
expected to yield the most significant reductions in greenhouse gas
emissions from the surface transportation system.
``(h) Additional Considerations.--In making grants for projects
under the Program, the Secretary shall consider the extent to which--
``(1) a project maximizes greenhouse gas reductions in a
cost-effective manner;
``(2) a project reduces dependence on single-occupant
vehicle trips or provides additional transportation options;
``(3) a project improves the connectivity and accessibility
of the surface transportation system, particularly to low- and
zero-emission forms of transportation, including public
transportation, walking, and bicycling;
``(4) an applicant has adequately considered or will
adequately consider, including through the opportunity for
public comment, the environmental justice and equity impacts of
the project;
``(5) a project contributes to geographic diversity among
grant recipients, including to achieve a balance between urban,
suburban, and rural communities;
``(6) a project serves low-income residents of low-income
communities, including areas of persistent poverty, while not
displacing such residents;
``(7) a project uses pavement materials that demonstrate
reductions in greenhouse gas emissions through sequestration or
innovative manufacturing processes;
``(8) a project repurposes neglected or underused
infrastructure, including abandoned highways, bridges,
railways, trail ways, and adjacent underused spaces, into new
hybrid forms of public space that support multiple modes of
transportation; and
``(9) a project includes regional multimodal transportation
system management and operations elements that will improve the
effectiveness of such project and encourage reduction of single
occupancy trips by providing the ability of users to plan, use,
and pay for multimodal transportation alternatives.
``(i) Funding.--
``(1) Maximum amount.--The maximum amount of a grant under
the Program shall be $25,000,000.
``(2) Technical assistance.--Of the amounts made available
to carry out the Program, the Secretary may use up to 1 percent
to provide technical assistance to applicants and potential
applicants.
``(j) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to
a public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail
component.--For any passenger or freight rail
component of a project, the requirements of
section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--
For any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy America
requirements under section 313 of this title and
sections 5320, 22905(a), and 24305(f) of title 49 to a
multimodal project under this paragraph, the Secretary
shall--
``(i) consider the various modal components
of the project; and
``(ii) seek to maximize domestic jobs.
``(k) Single-Occupancy Vehicle Highway Facilities.--None of the
funds provided under this section may be used for a project that will
result in the construction of new capacity available to single occupant
vehicles unless the project consists of a high-occupancy vehicle
facility and is consistent with section 166.
``(l) Public Comment.--Prior to issuing the notice of funding
opportunity for funding under this section for fiscal year 2023, the
Secretary, in consultation with the Administrator of the Environmental
Protection Agency, shall solicit public comment on the method of
determining the significant reduction in greenhouse gas emissions
required under subsection (e).
``(m) Consultation.--Prior to making an award under this section in
a given fiscal year, the Secretary shall consult with the Administrator
of the Environmental Protection Agency to determine which projects are
expected to yield a significant reduction in greenhouse gas emissions
as required under subsection (e).
``(n) Rural Set-aside.--
``(1) In general.--The Secretary shall set aside not less
than 10 percent of the amounts made available to carry out this
section for projects located in rural areas.
``(2) Definition of rural area.--In this subsection, the
term `rural area' means all areas of a State or territory that
are outside of an urbanized area with a population greater than
74,999 individuals, as determined by the Bureau of the
Census.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 171 the following:
``172. Community climate innovation grants.''.
SEC. 1305. METRO PERFORMANCE PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a metro performance program in accordance with this section to enhance
local decision making and provide enhanced local control in
transportation project delivery.
(b) Direct Recipient Designation.--
(1) In general.--The Secretary shall designate high-
performing metropolitan planning organizations and units of
local government based on the criteria in paragraph (3) to be
direct recipients of funds under this section.
(2) Authority.--Nothing in this section shall be construed
to prohibit a direct recipient from taking any action otherwise
authorized to secure and expend Federal funds authorized under
chapter 1 of title 23, United States Code.
(3) Criteria.--In designating an applicant under this
subsection, the Secretary shall consider, where applicable--
(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 or unit of local
government represented by the applicant is
located;
(ii) local governments, the metropolitan
planning organization, and providers of public
transportation within the area represented by
the applicant; and
(iii) if more than one metropolitan
planning organization is designated within an
urbanized area represented by the applicant,
any other such metropolitan planning
organization;
(C) in the case of an applicant that represents an
urbanized area population of greater than 200,000, the
effectiveness of project delivery and timely obligation
of funds made available under section 133(d)(1)(A)(i)
of title 23, United States Code;
(D) if the applicant or a local government within
the metropolitan planning area that the applicant
represents has been the recipient of a discretionary
grant from the Secretary within the preceding 5 years,
the administration of such grant;
(E) the extent to which the planning and decision
making process of the applicant, including the long-
range transportation plan and the approved
transportation improvement program under section 134 of
such title, support--
(i) the performance goals established under
section 150(b) of such title; and
(ii) the achievement of metropolitan or
statewide performance targets established under
section 150(d) of such title;
(F) whether the applicant is a designated recipient
of funds as described under subparagraphs (A) and (B)
of section 5302(4) of title 49, United States Code, or
a direct recipient of funds under section 5307 of such
title from the Federal Transit Administration;
(G) if the applicant is a unit of local government,
whether the applicable metropolitan planning
organization has been designated as a direct recipient;
and
(H) any other criteria established by the
Secretary.
(4) Requirements.--
(A) Call for nomination.--Not later than February
1, 2022, the Secretary shall publish in the Federal
Register a notice soliciting applications for
designation under this subsection.
(B) Guidance.--The notification under paragraph (1)
shall include guidance on the requirements and
responsibilities of a direct recipient under this
section, including implementing regulations.
(C) Determination.--The Secretary shall make all
designations under this section for fiscal year 2023
not later than June 1, 2022.
(5) Term.--Except as provided in paragraph (6), a
designation under this subsection shall--
(A) be for a period of not less than 5 years; and
(B) be renewable.
(6) Termination.--
(A) In general.--The Secretary shall establish
procedures for the termination of a designation under
this subsection.
(B) Considerations.--In establishing procedures
under subparagraph (A), the Secretary shall consider--
(i) with respect to projects carried out
under this section, compliance with the
requirements of title 23, United States Code,
or chapter 53 of title 49, United States Code;
and
(ii) the obligation rate of any funds--
(I) made available under this
section; and
(II) in the case of a metropolitan
planning organization that represents a
metropolitan planning area with an
urbanized area population of greater
than 200,000, made available under
section 133(d)(1)(A)(i) of title 23,
United States Code.
(c) Use of Funds.--
(1) Eligible projects.--Funds made available under this
section may be obligated for the purposes described in section
133(b) or 148 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 each fiscal year in
each of fiscal years 2023 through 2026 for program management,
oversight, and technical assistance to direct recipients.
(d) Responsibilities of Direct Recipients.--
(1) Direct availability of funds.--Notwithstanding title
23, United States Code, the amounts made available under this
section shall be allocated to each direct recipient for
obligation.
(2) Distribution of amounts among direct recipients.--
(A) In general.--Subject to subparagraph (B), on
the first day of the fiscal year for which funds are
made available under this section, the Secretary shall
allocate such funds to each direct recipient as the
proportion of the population (as determined by data
collected by the Bureau of the Census) of the urbanized
area represented by any 1 direct recipient bears to the
total population of all of urbanized areas represented
by all direct recipients.
(B) Minimum and maximum amounts.--Of funds
allocated to direct recipients under subparagraph (A),
each direct recipient shall receive not less than
$10,000,000 and not more than $50,000,000 each fiscal
year.
(C) Minimum guaranteed amount.--In making a
determination whether to designate a metropolitan
planning organization or unit of local government as a
direct recipient under subsection (b), the Secretary
shall ensure that each direct recipient receives the
minimum required allocation under subparagraph (B).
(D) Additional amounts.--If any amounts remain
undistributed after the distribution described in this
subsection, such remaining amounts and an associated
amount of obligation limitation shall be made available
as if suballocated under clauses (i) and (ii) of
section 133(d)(1)(A) of title 23, United States Code,
and distributed among the States in the proportion that
the relative shares of the population (as determined by
data collected by the Bureau of the Census) of the
urbanized areas of each State bears to the total
populations of all urbanized areas across all States.
(3) Project delivery.--
(A) In general.--For 1 or more projects carried out
with funds provided under this section, the direct
recipient may, consistent with the agreement entered
into with the Secretary under this paragraph, assume
the Federal-aid highway project approval and oversight
responsibilities vested in the State department of
transportation under section 106 of title 23, United
States Code.
(B) Partnership.--The direct recipient may partner
with a State, unit of local government, regional
entity, or transit agency to carry out a project under
this section.
(C) Procedural, legal, and substantive
requirements.--A direct recipient entering into an
agreement with the Secretary under this section shall
assume responsibility for compliance with all
procedural and substantive requirements as would apply
if that responsibility were carried out by a State,
unless the direct recipient or the Secretary determines
that such assumption of responsibility for 1 or more of
the procedural and substantive requirements is not
appropriate.
(D) Written agreement.--The Secretary and the
direct recipient shall enter into an agreement in
writing relating to the extent to which the direct
recipient assumes the responsibilities of the Secretary
under this paragraph. Such agreement shall be developed
in consultation with the State.
(E) Use of funds.--The direct recipient may use
amounts made available under this section for costs
incurred in implementing this paragraph and to
compensate a State, unit of local government, or
transit agency for costs incurred in providing
assistance under this paragraph.
(F) Limitations.--The direct recipient may not
assume responsibilities described in subparagraph (A)
for any project that the Secretary determines to be in
a high-risk category, including projects on the
National Highway System.
(G) Self-certification and compliance.--The
Secretary may conduct risk-based stewardship and
oversight of a direct recipient's performance of the
assumed responsibilities specified in the agreement
under subparagraph (D), as determined appropriate by
the Secretary.
(e) Expenditure of Funds.--
(1) Consistency with metropolitan planning.--Except as
otherwise provided in this section, programming and expenditure
of funds for projects under this section shall be consistent
with the requirements of section 134 of title 23, United States
Code, and section 5303 of title 49, United States Code.
(2) Selection of projects.--
(A) In general.--Notwithstanding subsections (j)(5)
and (k)(4) of section 134 of title 23, United States
Code, or subsections (j)(5) and (k)(4) of section 5303
of title 49, United States Code, a direct recipient
shall select, from the approved transportation
improvement program under such sections, all projects
to be funded under this section, including projects on
the National Highway System.
(B) Eligible projects.--The project selection
process described in this subsection shall apply to all
federally funded projects within the boundaries of a
metropolitan planning area or unit of local government
served by a direct recipient that are carried out under
this section.
(C) Consultation required.--In selecting a project
under this subsection, the direct recipient shall
consult with--
(i) in the case of a highway project, the
State and locality in which such project is
located; and
(ii) in the case of a transit project, any
affected public transportation operator.
(3) Rule of construction.--Nothing in this section shall be
construed to limit the ability of a direct recipient to partner
with a State department of transportation or other recipient of
Federal funds under title 23, United States Code, or chapter 53
of title 49, United States Code, to carry out a project.
(f) Treatment of Funds.--
(1) In general.--Except as provided in this section, funds
made available to carry out this section shall be administered
as if apportioned under chapter 1 of title 23, United States
Code.
(2) Federal share.--The Federal share of the cost of a
project carried out under this section shall be determined in
accordance with section 120 of title 23, United States Code.
(g) Report.--
(1) Direct recipient report.--Not later than 60 days after
the end of each fiscal year, each direct recipient shall submit
to the Secretary a report that includes--
(A) a list of projects funded with amounts provided
under this section;
(B) a description of any obstacles to complete
projects or timely obligation of funds; and
(C) recommendations to improve the effectiveness of
the program under this section.
(2) Report to congress.--Not later than October 1, 2024,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that--
(A) summarizes the findings of each direct
recipient provided under paragraph (1);
(B) describes the efforts undertaken by both direct
recipients and the Secretary to ensure compliance with
the requirements of title 23 and chapter 53 of title
49, United States Code;
(C) analyzes the capacity of direct recipients to
receive direct allocations of funds under chapter 1 of
title 23, United States Code; and
(D) provides recommendations from the Secretary
to--
(i) improve the administration, oversight,
and performance of the program established
under this section;
(ii) improve the effectiveness of direct
recipients to complete projects and obligate
funds in a timely manner; and
(iii) evaluate options to expand the
authority provided under this section,
including to allow for the direct allocation to
metropolitan planning organizations or units of
local government 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 or unit
of local government designated by the Secretary as high-
performing under subsection (b) and that was directly allocated
funds as described in subsection (d).
(2) Metropolitan planning area.--The term ``metropolitan
planning area'' has the meaning given such term in section 134
of title 23, United States Code.
(3) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
such term in section 134 of title 23, United States Code.
(4) National highway system.--The term ``National Highway
System'' has the meaning given such term in section 101 of
title 23, United States Code.
(5) State.--The term ``State'' has the meaning given such
term in section 101 of title 23, United States Code.
(6) Urbanized area.--The term ``urbanized area'' has the
meaning given such term in section 134 of title 23, United
States Code.
SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a gridlock reduction program to make grants, on a competitive basis,
for projects to reduce, and mitigate the adverse impacts of, traffic
congestion.
(b) Applications.--To be eligible for a grant under this section,
an applicant shall submit to the Secretary an application in such form,
at such time, and containing such information as the Secretary
determines appropriate.
(c) Eligibility.--
(1) Eligible applicants.--The Secretary may make grants
under this section to an applicant that serves an eligible area
and that is--
(A) a metropolitan planning organization;
(B) a unit of local government or a group of local
governments;
(C) a multijurisdictional group of entities
described in subparagraphs (A) and (B);
(D) a special purpose district or public authority
with a transportation function, including a port
authority; or
(E) a State that is in partnership with an entity
or group of entities described in subparagraph (A),
(B), or (C).
(2) Eligible area.--An eligible area for an eligible entity
under paragraph (1) shall be--
(A) a combined statistical area, as defined by the
Office of Management and Budget, with a population of
not less than 1,300,000; or
(B) a metropolitan statistical area that is not
part of a combined statistical area, as defined by the
Office of Management and Budget, that has a population
of not less than 750,000.
(d) Eligible Projects.--The Secretary may award grants under this
section to applicants that submit a comprehensive program of surface
transportation-related projects to reduce traffic congestion and
related adverse impacts, including a project for one or more of the
following:
(1) Transportation systems management and operations,
including strategies to improve the operations of high-
occupancy vehicle lanes.
(2) Intelligent transportation systems to improve
connectivity and innovation.
(3) Real-time traveler information.
(4) Traffic incident management.
(5) Active traffic management.
(6) Traffic signal timing.
(7) Multimodal travel payment systems.
(8) Transportation demand management, including employer-
based commuting programs such as carpool, vanpool, transit
benefit, parking cashout, shuttle, or telework programs.
(9) A project to provide transportation options to reduce
traffic congestion, including--
(A) a project under chapter 53 of title 49, United
States Code, including value capture and transit-
oriented development projects;
(B) a bicycle or pedestrian project, including a
project to provide safe and connected active
transportation networks; and
(C) a surface transportation project carried out in
accordance with the national travel and tourism
infrastructure strategic plan under section 1431(e) of
the FAST Act (49 U.S.C. 301 note).
(10) Any other project, as determined appropriate by the
Secretary utilizing eligible projects.
(e) Award Prioritization.--
(1) In general.--In selecting grants under this section,
the Secretary shall prioritize applicants serving urbanized
areas, as described in subsection (c), that are experiencing a
high degree of recurrent transportation congestion, as
determined by the Secretary.
(2) Additional considerations.--In selecting grants under
this section, the Secretary shall also consider the extent to
which the project would--
(A) reduce traffic congestion and improve the
reliability of the surface transportation system;
(B) mitigate the adverse impacts of traffic
congestion on the surface transportation system,
including safety and environmental impacts;
(C) maximize the use of existing capacity; and
(D) employ innovative, integrated, and multimodal
solutions to the items described in subparagraphs (A),
(B), and (C).
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a project
carried out under this section may not exceed 60 percent.
(2) Maximum federal share.--Federal assistance other than a
grant for a project under this section may be used to satisfy
the non-Federal share of the cost of such project, except that
the total Federal assistance provided for a project receiving a
grant under this section may not exceed 80 percent of the total
project cost.
(g) Use of Funds.--Funds made available for a project under this
section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
(h) Funding.--
(1) Grant amount.--A grant under this section shall be in
an amount not less than $10,000,000 and not more than
$50,000,000.
(2) Availability.--Funds made available under this program
shall be available until expended.
(i) Freight Project Set-Aside.--
(1) In general.--The Secretary shall set aside not less
than 50 percent of the funds made available to carry out this
section for grants for freight projects under this subsection.
(2) Eligible uses.--The Secretary shall provide funds set
aside under this subsection to applicants that submit a
comprehensive program of surface transportation-related
projects to reduce freight-related traffic congestion and
related adverse impacts, including--
(A) freight intelligent transportation systems;
(B) real-time freight parking information;
(C) real-time freight routing information;
(D) freight transportation and delivery safety
projects;
(E) first-mile and last-mile delivery solutions;
(F) shifting freight delivery to off-peak travel
times;
(G) reducing greenhouse gas emissions and air
pollution from freight transportation and delivery,
including through the use of innovative vehicles that
produce fewer greenhouse gas emissions;
(H) use of centralized delivery locations;
(I) designated freight vehicle parking and staging
areas;
(J) curb space management; and
(K) other projects, as determined appropriate by
the Secretary.
(3) Award prioritization.--
(A) In general.--In providing funds set aside under
this section, the Secretary shall prioritize applicants
serving urbanized areas, as described in subsection
(c), that are experiencing a high degree of recurrent
congestion due to freight transportation, as determined
by the Secretary.
(B) Additional considerations.--In providing funds
set aside under this subsection, the Secretary shall
consider the extent to which the proposed project--
(i) reduces freight-related traffic
congestion and improves the reliability of the
freight transportation system;
(ii) mitigates the adverse impacts of
freight-related traffic congestion on the
surface transportation system, including safety
and environmental impacts;
(iii) maximizes the use of existing
capacity;
(iv) employs innovative, integrated, and
multimodal solutions to the items described in
clauses (i) through (iii);
(v) leverages Federal funds with non-
Federal contributions; and
(vi) integrates regional multimodal
transportation management and operational
projects that address both passenger and
freight congestion.
(4) Flexibility.--If the Secretary determines that there
are insufficient qualified applicants to use the funds set
aside under this subsection, the Secretary may use such funds
for grants for any projects eligible under this section.
(j) Report.--
(1) Recipient report.--The Secretary shall ensure that not
later than 2 years after the Secretary awards grants under this
section, the recipient of each such grant submits to the
Secretary a report that contains--
(A) information on each activity or project that
received funding under this section;
(B) a summary of any non-Federal resources
leveraged by a grant under this section;
(C) any statistics, measurements, or quantitative
assessments that demonstrate the congestion reduction,
reliability, safety, and environmental benefits
achieved through activities or projects that received
funding under this section; and
(D) any additional information required by the
Secretary.
(2) Report to congress.--Not later than 9 months after the
date specified in paragraph (1), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works, the Committee on Commerce, Science, and Transportation,
and the Committee on Banking, Housing, and Urban Affairs of the
Senate, and make publicly available on a website, a report
detailing--
(A) a summary of any information provided under
paragraph (1); and
(B) recommendations and best practices to--
(i) reduce traffic congestion, including
freight-related traffic congestion, and improve
the reliability of the surface transportation
system;
(ii) mitigate the adverse impacts of
traffic congestion, including freight-related
traffic congestion, on the surface
transportation system, including safety and
environmental impacts; and
(iii) employ innovative, integrated, and
multimodal solutions to the items described in
clauses (i) and (ii).
(k) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works, the Committee on
Commerce, Science, and Transportation, and the Committee on Banking,
Housing, and Urban Affairs of the Senate of the intention to award such
a grant.
(l) Treatment of Projects.--
(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
(A) the requirements of title 23, United States
Code, to a highway project;
(B) the requirements of chapter 53 of title 49,
United States Code, to a public transportation project;
and
(C) the requirements of section 22905 of title 49,
United States Code, to a passenger rail or freight rail
project.
(2) Multimodal projects.--
(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
(i) determine the predominant modal
component of the project; and
(ii) apply the applicable requirements of
such predominant modal component to the
project.
(B) Exceptions.--
(i) Passenger or freight rail component.--
For any passenger or freight rail component of
a project, the requirements of section
22907(j)(2) of title 49, United States Code,
shall apply.
(ii) Public transportation component.--For
any public transportation component of a
project, the requirements of section 5333 of
title 49, United States Code, shall apply.
(C) Buy america.--In applying the Buy America
requirements under section 313 of title 23, United
States Code, and sections 5320, 22905(a), and 24305(f)
of title 49, United States Code, to a multimodal
project under this paragraph, the Secretary shall--
(i) consider the various modal components
of the project; and
(ii) seek to maximize domestic jobs.
(m) Treatment of Funds.--Except as provided in subsection (l),
funds authorized for the purposes described in this section shall be
available for obligation in the same manner as if the funds were
apportioned under chapter 1 of title 23, United States Code.
SEC. 1307. REBUILD RURAL BRIDGES PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a rebuild rural bridges program to improve the safety and state of good
repair of bridges in rural communities.
(b) Grant Authority.--In carrying out the program established in
subsection (a), the Secretary shall make grants, on a competitive
basis, to eligible applicants in accordance with this section.
(c) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
determines appropriate.
(d) Eligible Projects.--The Secretary--
(1) shall provide grants under this section to projects
eligible under title 23, United States Code, including projects
on and off of the Federal-aid highway system, to inspect,
replace, rehabilitate, or preserve--
(A) an off-system bridge;
(B) a bridge on Tribal land; or
(C) a bridge in poor condition located in a rural
community; and
(2) may provide a grant for a bundle of bridges described
in paragraph (1).
(e) Eligible Project Costs.--A recipient of a grant under this
section may use such grant for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities;
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, and construction contingencies; and
(3) bridge inspection, evaluation, and preservation.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a project
carried out using a grant under this section may not exceed 80
percent of the total cost of such project.
(2) Maximum federal assistance.--Federal assistance other
than a grant under this section may be used to satisfy up to
100 percent of the total cost of such project.
(g) Considerations.--In making grants under this section, the
Secretary shall consider--
(1) whether the project can be completed without additional
Federal funding or financial assistance available to the
project sponsor, beyond existing Federal apportionments; and
(2) the level of benefits the project is expected to
generate, including--
(A) the costs avoided by the prevention of closure
or reduced use of the asset to be improved by the
project;
(B) reductions in maintenance costs over the life
of the asset;
(C) safety benefits, including the reduction of
accidents and related costs; and
(D) benefits to the economy of the rural or Tribal
community.
(3) Study.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives a study on the
infrastructure needs of colonias.
(h) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate of the
intention to award such a grant.
(i) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State;
(B) a metropolitan planning organization or a
regional transportation planning organization;
(C) a unit of local government;
(D) a Federal land management agency;
(E) an Indian Tribe or Tribal organization;
(F) a territory; and
(G) a multijurisdictional group of entities
described in subparagraph (A) through (F).
(2) Off system bridge.--The term ``off-system bridge'' has
the meaning given such term in section 133(f) of title 23,
United States Code, (as added by this Act).
(3) Rural community.--The term ``rural community'' means an
area that is not an urbanized area, as such term is defined in
section 101(a) of title 23, United States Code.
SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.
(a) Establishment.--The Secretary of Transportation shall establish
a program under which the Secretary shall make grants, on a competitive
basis, to eligible entities to address the shortage of parking for
commercial motor vehicles to improve the safety of commercial motor
vehicle operators.
(b) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
may require.
(c) Eligible Projects.--Projects eligible under this section are
projects that--
(1) construct safety rest areas that include parking for
commercial motor vehicles;
(2) construct commercial motor vehicle parking facilities--
(A) adjacent to private commercial truckstops and
travel plazas;
(B) within the boundaries of, or adjacent to, a
publicly owned freight facility, including a port
terminal operated by a public authority; and
(C) at existing facilities, including inspection
and weigh stations and park-and-ride locations;
(3) open existing weigh stations, safety rest areas, and
park-and-ride facilities to commercial motor vehicle parking;
(4) facilitate access to publicly and privately provided
commercial motor vehicle parking, such as through the use of
intelligent transportation systems;
(5) construct turnouts along a Federal-aid highway for
commercial motor vehicles;
(6) make capital improvements to public commercial motor
vehicle parking facilities that are closed on a seasonal basis
to allow the facilities to remain open year-round;
(7) open existing commercial motor vehicle chain-up areas
that are closed on a seasonal basis to allow the facilities to
remain open year-round for commercial motor vehicle parking;
(8) address commercial motor vehicle parking and layover
needs in emergencies that strain the capacity of existing
publicly and privately provided commercial motor vehicle
parking; and
(9) make improvements to existing commercial motor vehicle
parking facilities, including advanced truckstop
electrification systems.
(d) Use of Funds.--
(1) In general.--An eligible entity may use a grant under
this section for--
(A) development phase activities, including
planning, feasibility analysis, benefit-cost analysis,
environmental review, preliminary engineering and
design work, and other preconstruction activities
necessary to advance a project described in subsection
(c); and
(B) construction and operational improvements, as
such terms are defined in section 101 of title 23,
United States Code.
(2) Private sector participation.--An eligible entity that
receives a grant under this section may partner with a private
entity to carry out an eligible project under this section.
(3) Limitation.--Not more than 10 percent of the amounts
made available to carry out this section may be used to promote
the availability of existing commercial motor vehicle parking.
(e) Selection Criteria.--In making grants under this section, the
Secretary shall consider--
(1) in the case of construction of new commercial motor
vehicle parking capacity, the shortage of public and private
commercial motor vehicle parking near the project; and
(2) the extent to which each project--
(A) would increase commercial motor vehicle parking
capacity or utilization;
(B) would facilitate the efficient movement of
freight;
(C) would improve safety, traffic congestion, and
air quality;
(D) is cost effective; and
(E) reflects consultation with motor carriers,
commercial motor vehicle operators, and private
providers of commercial motor vehicle parking.
(f) Notification of Congress.--Not later than 3 business days
before announcing a project selected to receive a grant under this
section, the Secretary of Transportation shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate of the
intention to award such a grant.
(g) Federal Share.--The Federal share of the cost of a project
under this section shall be determined in accordance with subsections
(b) and (c) of section 120 of title 23, United States Code.
(h) Prohibition on Charging Fees.--To be eligible for a grant under
this section, an eligible entity shall certify that no fees will be
charged for the use of a project assisted with such grant.
(i) Amendment to MAP-21.--Section 1401(c)(1) of MAP-21 (23 U.S.C.
137 note) is amended--
(1) by inserting ``and private providers of commercial
motor vehicle parking'' after ``personnel''; and
(2) in subparagraph (A) by striking ``the capability of the
State to provide'' and inserting ``the availability of''.
(j) Survey; Comparative Assessment; Report.--
(1) Update.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall update the survey of
each State required under section 1401(c)(1) of the MAP-21 (23
U.S.C. 137 note).
(2) Report.--Not later than 1 year after the deadline under
paragraph (1), the Secretary shall publish on the website of
the Department of Transportation a report that--
(A) evaluates the availability of adequate parking
and rest facilities for commercial motor vehicles
engaged in interstate transportation;
(B) evaluates the effectiveness of the projects
funded under this section in improving access to
commercial motor vehicle parking; and
(C) reports on the progress being made to provide
adequate commercial motor vehicle parking facilities in
the State.
(3) Consultation.--The Secretary shall prepare the report
required under paragraph (2) in consultation with--
(A) relevant State motor carrier safety personnel;
(B) motor carriers and commercial motor vehicle
operators; and
(C) private providers of commercial motor vehicle
parking.
(k) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31132 of
title 49, United States Code.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a political subdivision of a State or local
government carrying out responsibilities relating to
commercial motor vehicle parking; and
(E) a multistate or multijurisdictional group of
entities described in subparagraphs (A) through (D).
(3) Safety rest area.--The term ``safety rest area'' has
the meaning given such term in section 120(c) of title 23,
United States Code.
SEC. 1309. ACTIVE CONNECTED TRANSPORTATION GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
an active connected transportation grant program to provide for safe
and connected active transportation networks and active transportation
connectors.
(b) Grant Authority.--In carrying out the program established in
subsection (a), the Secretary shall make grants, on a competitive
basis, in accordance with this section.
(c) Eligible Applicants.--The Secretary may make a grant under this
section to--
(1) a State;
(2) a metropolitan planning organization;
(3) a regional transportation authority;
(4) a unit of local government, including a county or
multi-county special district;
(5) a Federal land management agency;
(6) a natural resource or public land agency;
(7) an Indian Tribe or Tribal organization;
(8) any local or regional governmental entity with
responsibility for or oversight of transportation or
recreational trails; and
(9) a multistate or multijurisdictional group of entities
described in this subsection.
(d) Applications.--To be eligible for a grant under this section,
an entity specified under subsection (c) shall submit to the Secretary
an application in such form, at such time, and containing such
information as the Secretary determines appropriate.
(e) Eligible Projects.--The Secretary shall provide grants under
this section to projects that improve the connectivity and the use of
active transportation facilities--
(1) including--
(A) active transportation networks;
(B) active transportation connectors; and
(C) planning related to the development of--
(i) active transportation networks;
(ii) active transportation connectors; and
(iii) vision zero plans or complete streets
prioritization plans under section 1601; and
(2) that have--
(A) total project costs of not less than
$15,000,000; or
(B) in the case of planning grants under subsection
(f)(2), a total cost of not less than $100,000.
(f) Use of Funds.--
(1) In general.--Of the amounts made available to carry out
this section for fiscal years 2023 through 2026 and except as
provided in paragraph (2), the Secretary shall obligate--
(A) not less than 30 percent to eligible projects
that construct active transportation networks; and
(B) not less than 30 percent to eligible projects
that construct active transportation connectors.
(2) Planning grants.--Of the amounts made available to
carry out this section for fiscal years 2023 through 2026, the
Secretary may use not more than 10 percent to provide planning
grants to eligible applicants for activities under subsection
(e)(1)(C).
(g) Considerations.--In making grants under this section, the
Secretary shall consider the extent to which--
(1) a project is likely to provide substantial additional
opportunities for active transportation, including walking and
bicycling, including through the creation of--
(A) active transportation networks connecting
destinations within or between communities, including
between schools, workplaces, residences, businesses,
recreation areas, and other community areas; and
(B) active transportation connectors connecting 2
or more communities, metropolitan areas, or States,
including greenway paths;
(2) an applicant has adequately considered or will
consider, including through the opportunity for public comment,
the environmental justice and equity impacts of the project;
(3) the project would improve safety for vulnerable road
users, including through the use of complete street design
policies or a safe system approach;
(4) a project integrates active transportation facilities
with public transportation services, where available, to
improve access to public transportation; and
(5) the project would serve the low income residents of
economically disadvantaged communities, including environmental
justice communities, underserved communities, or communities
located in areas of persistent poverty (as such term is defined
in section 101 of title 23, United States Code).
(h) Limitation.--
(1) In general.--The share of the cost of a project
assisted with a grant under this section may not exceed 80
percent.
(2) Maximum federal assistance.--Federal assistance other
than a grant under this section may be used to satisfy up to
100 percent of the total project cost.
(i) Eligible Project Costs.--Amounts made available for a project
under this section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
(j) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary of Transportation shall notify
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate of the intention to award such a grant.
(k) Definitions.--In this section:
(1) Active transportation network.--The term ``active
transportation network'' means facilities built for alternative
methods of transportation to motor vehicles for individuals,
including sidewalks, bikeways, and pedestrian and bicycle
trails, that connect destinations within an area covered by a
unit of local government, a county, a community, including a
community on Federal lands, or a metropolitan area.
(2) Active transportation connector.--The term ``active
transportation connector'' means facilities built for
alternative methods of transportation to motor vehicles for
individuals, including sidewalks, bikeways, and pedestrian and
bicycle trails, that connect 2 or more active transportation
networks or connect communities, areas covered by a unit of
local government, counties, metropolitan areas, Federal lands,
or States.
(3) Greenway path.--The term ``greenway path'' means an
active transportation connector that--
(A) crosses jurisdictional boundaries, including
State lines, and provides for connectivity between
multiple communities, counties, metropolitan areas, or
States; or
(B) is a component of a regionally or nationally
significant network.
(4) Safe system approach.--The term ``safe system
approach'' has the meaning given such term in section 148(a) of
title 23, United States Code.
(5) Vulnerable road user.--The term ``vulnerable road
user'' has the meaning given such term in section 148(a) of
title 23, United States Code.
SEC. 1310. WILDLIFE CROSSINGS PROGRAM.
(a) Establishment.--The Secretary shall establish a competitive
wildlife crossings grant program (referred to in this section as the
``program'') to provide grants for projects that seek to achieve--
(1) a reduction in the number of wildlife-vehicle
collisions; and
(2) improved habitat connectivity for terrestrial and
aquatic species.
(b) Eligible Entities.--The Secretary may make grants under the
program to the following entities:
(1) A State.
(2) An Indian Tribe or Tribal organization.
(3) A territory.
(4) A Federal land management agency described in section
203(b) of title 23, United States Code.
(5) A group of entities described in paragraphs (1) through
(4).
(c) Applications.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(d) Considerations.--In selecting grant recipients under the
program, the Secretary shall consider the following:
(1) Primary criteria.--The extent to which the proposed
project is likely to protect motorists and wildlife by reducing
the number of wildlife-vehicle collisions and improve habitat
connectivity for terrestrial and aquatic species.
(2) Secondary criteria.--
(A) The resilience benefits of the project.
(B) The extent to which the project incorporates
climate science, including expected changes in
migration patterns.
(C) The extent to which the project sponsor has
coordinated with the relevant State agency with
jurisdiction over fish and wildlife, if appropriate.
(D) In the case of a project involving species
listed as threatened species or endangered species
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), whether the project sponsor has
coordinated with the United States Fish and Wildlife
Service.
(E) Other ecological benefits of the project,
including--
(i) reductions in stormwater runoff and
other water pollution; and
(ii) the benefits of improved habitat
connectivity for pollinators and the use of
natively appropriate grasses.
(F) Whether the project supports local economic
development and improvement of visitation
opportunities.
(G) The extent to which the project incorporates
innovative technologies, including advanced design
techniques and other strategies to enhance efficiency
and effectiveness in reducing wildlife-vehicle
collisions and improving habitat connectivity for
terrestrial and aquatic species.
(H) The extent to which the project provides
educational and outreach opportunities.
(I) Whether the project will further research to
evaluate, compare effectiveness of, and identify best
practices in selected projects.
(J) How the benefits compare to the costs of the
project.
(K) Any other criteria relevant to reducing the
number of wildlife-vehicle collisions and improving
habitat connectivity for terrestrial and aquatic
species, as the Secretary determines to be appropriate.
(e) Eligible Project Costs.--Grant amounts for a project under this
section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities;
(2) construction (including construction of protective
features), reconstruction, rehabilitation, acquisition of real
property (including land related to the project and
improvements to the land), environmental mitigation,
construction contingencies, acquisition of equipment, and
operational improvements; and
(3) planning and technical assistance activities consistent
with section 5107 of title 49, United States Code, including--
(A) data collection on wildlife-vehicle collisions;
(B) integration of State, Tribal, territorial,
regional, or Federal wildlife conservation plans and
data collection with transportation planning and
project selection;
(C) technical assistance, including workforce
development training, on reducing wildlife-vehicle
collisions and improving habitat connectivity for
terrestrial and aquatic species; and
(D) education and public outreach to reduce
wildlife-vehicle collisions.
(f) Partnerships.--
(1) In general.--A grant received under the program may be
used to provide funds to an eligible partner as a subrecipient,
in accordance with the terms of the project agreement and
subject to the requirements of this section.
(2) Eligible partner defined.--In this section, the term
``eligible partner'' means--
(A) an eligible entity described in subsection (b);
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a regional transportation authority;
(E) a special purpose district or public authority
with a transportation function, including a port
authority;
(F) a non-profit entity or institution of higher
education; or
(G) a Federal, Tribal, regional, State, or local
governmental entity not described in subsection (b).
(g) Requirements.--
(1) Rural projects.--The Secretary shall reserve not less
than 50 percent of the amounts made available under this
section for projects located in a rural community.
(2) Resilience.--A project under this section shall be
designed to ensure resilience over the anticipated service life
of the asset.
(3) Limitation.--The Secretary may not award more than 10
percent of the amounts made available under this section for
grants that propose only activities described in subsection
(e)(3).
(h) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate of the
intention to award such a grant.
(i) Annual Report.--
(1) In general.--Not later than December 31 of each
calendar year, the Secretary shall publish, on the website of
the Department of Transportation, a report describing the
activities under the program for the fiscal year that ends
during that calendar year.
(2) Contents.--The report under paragraph (1) shall
include--
(A) a detailed description of the activities
carried out under the program;
(B) an evaluation of the effectiveness of the
program in meeting the purposes described in subsection
(b); and
(C) policy recommendations, if any, to improve the
effectiveness of the program.
(j) Definitions.--In this section:
(1) Protective features.--The term ``protective features''
has the meaning given such term in section 101 of title 23,
United States Code.
(2) Resilience.--The term ``resilience'' has the meaning
given that term in section 101 of title 23, United States Code.
(3) Rural community.--The term ``rural community'' means
any area of a State or territory that is not an urbanized area,
as such term is defined in section 101 of title 23, United
States Code.
(4) Secretary.--The term ``Secretary'' has the meaning
given such term in section 101 of title 23, United States Code.
(5) State.--The term ``State'' has the meaning given such
term in section 101 of title 23, United States Code.
SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a reconnecting neighborhoods program under which an eligible entity may
apply for funding in order to identify, remove, replace, retrofit, or
remediate the effects from eligible facilities and restore or improve
connectivity, mobility, and access in disadvantaged and underserved
communities, including--
(1) studying the feasibility and impacts of removing,
retrofitting, or remediating the effects on community
connectivity from an existing eligible facility;
(2) conducting preliminary engineering and final design
activities for a project to remove, retrofit, or remediate the
effects on community connectivity from an existing eligible
facility;
(3) conducting construction activities necessary to carry
out a project to remove, retrofit, or remediate the effects on
community connectivity from an existing eligible facility; and
(4) ensuring any activities carried out under this
section--
(A) focus on improvements that will benefit the
populations impacted by or previously displaced by the
eligible facility; and
(B) emphasize equity by garnering community
engagement, avoiding future displacement, and ensuring
local participation in the planning process.
(b) Eligible Entities.--
(1) In general.--The Secretary may award a planning grant
or a capital construction grant to--
(A) a State;
(B) a unit of local government;
(C) an Indian Tribe or Tribal organization;
(D) a territory;
(F) a metropolitan planning organization;
(G) a transit agency;
(H) a special purpose district with a
transportation function; and
(I) a group of entities described in this
paragraph.
(2) Partnerships.--An eligible entity may enter into an
agreement with the following entities to carry out the eligible
activities under this section:
(A) A nonprofit organization.
(B) An institution of higher education, as such
term is defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001), including historically
black colleges and universities, defined as the term
``Predominantly Black institution'' is defined in
section 371(c) of the Higher Education Act of 1965 (20
U.S.C. 1067q(c)).
(c) Planning Grants.--
(1) In general.--The Secretary may award grants (referred
to in this section as a ``planning grants'') to carry out
planning activities described in paragraph (2).
(2) Eligible activities described.--The planning activities
referred to in paragraph (1) are--
(A) planning studies to evaluate the feasibility of
removing, retrofitting, or remediating an existing
eligible facility to restore community connectivity,
including evaluations of--
(i) current traffic patterns on the
eligible facility proposed for removal,
retrofit, or remediation and the surrounding
street network;
(ii) the capacity of existing
transportation networks to maintain mobility
needs;
(iii) an analysis of alternative roadway
designs or other uses for the right-of-way of
the eligible facility, including an analysis of
whether the available right-of-way would
suffice to create an alternative roadway
design;
(iv) the effect of the removal, retrofit,
or remediation of the eligible facility on the
mobility of freight and people;
(v) the effect of the removal, retrofit, or
remediation of the eligible facility on the
safety of the traveling public;
(vi) the cost to remove, retrofit, or
remediate the eligible facility--
(I) to restore community
connectivity; and
(II) to convert the eligible
facility to a roadway design or use
that increases safety, mobility, and
access for all users, compared to any
expected costs for necessary
maintenance or reconstruction of the
eligible facility;
(vii) the environmental impacts of
retaining or reconstructing the eligible
facility and the anticipated effect of the
proposed alternative use or roadway design; and
(viii) the community impacts and equity
analyses of retaining or reconstructing the
eligible facility on the surrounding
communities, including--
(I) the demographic breakdown of
the impacted community by race and
socioeconomic status; and
(II) the displacement or
disconnection that occurred within the
community as a result of the existing
facility;
(B) public engagement activities to provide
opportunities for public input into a plan to remove,
replace, retrofit, or remediate the effects from an
eligible facility, including--
(i) building organizational or community
capacity to, and educating community members on
how to, engage in and contribute to eligible
planning activities described in subsection
(c)(2);
(ii) identifying community needs and
desires for community improvements and
developing community driven solutions in
carrying out eligible planning activities
described in subsection (c)(2);
(iii) conducting assessments of equity,
mobility and access, environmental justice,
affordability, economic opportunity, health
outcomes, and other local goals to be used in
carrying out eligible planning activities
described in subsection (c)(2); and
(iv) forming a community advisory board in
accordance with subsection (d)(7);
(C) other transportation planning activities
required in advance of a project to remove, retrofit,
or remediate an existing eligible facility to restore
community connectivity, as determined by the Secretary;
(D) evaluating land use and zoning changes
necessary to improve equity and maximize transit-
oriented development in connection with project
eligible for a capital construction grant, including
activities eligible under section 5327 of title 49,
United States Code; and
(E) establishment of anti-displacement and
equitable neighborhood revitalization strategies in
connection with project eligible for a capital
construction grant, including establishment of a
community land trust for land acquisition, land
banking, and equitable transit-oriented development.
(3) Technical assistance.--
(A) In general.--The Secretary may provide
technical assistance described in subparagraph (B) to
an eligible entity.
(B) Technical assistance described.--The technical
assistance referred to in subparagraph (A) is technical
assistance in building organizational or community
capacity--
(i) to conduct transportation planning; and
(ii) to identify innovative solutions to
challenges posed by existing eligible
facilities, including reconnecting communities
that--
(I) are bifurcated by eligible
facilities; or
(II) lack safe, reliable, and
affordable transportation choices.
(4) Selection.--The Secretary shall--
(A) solicit applications for--
(i) planning grants;
(ii) technical assistance under paragraph
(3); and
(iii) the activities would benefit
populations impacted by or previously displaced
by an eligible facility; and
(B) evaluate applications for a planning grant on
the basis of the demonstration by the applicant that--
(i) the eligible facility--
(I) creates barriers to mobility,
access, or economic development; or
(II) is not justified by current
and forecast future travel demand; and
(ii) on the basis of preliminary assessment
into the feasibility of removing, retrofitting,
or remediating the eligible facility to restore
community connectivity, and increase safety,
mobility, and access for all users, further
planning activities are necessary and likely to
be productive.
(5) Award amounts.--A planning grant may not exceed
$2,000,000 for any recipient.
(6) Federal share.--The total Federal share of the cost of
a planning activity for which a planning grant is used may not
exceed 80 percent.
(d) Capital Construction Grants.--
(1) Eligible entities.--The Secretary may award grants
(referred to in this section as a ``capital construction
grants'') to eligible entities to carry out eligible projects
described in paragraph (3).
(2) Partnerships.--In the case that the owner of an
eligible facility that is the subject of the capital
construction grant is not an eligible entity, an eligible
entity shall demonstrate the existence of a partnership with
the owner of the eligible facility.
(3) Eligible projects.--A project eligible to be carried
out with a capital construction grant includes the following:
(A) The removal, retrofit, or remediation of the
effects on community connectivity from of an eligible
facility, including a project to deck over a limited-
access highway or other eligible facility.
(B) The replacement of an eligible facility with a
new facility that--
(i) restores community connectivity;
(ii) employs context sensitive solutions
appropriate for the surrounding community; and
(iii) is otherwise eligible for funding
under title 23, United States Code.
(C) Support for community partnerships, including a
community advisory board described under paragraph (7),
in connection with a capital construction grant awarded
under this subsection.
(D) Other activities required to remove, replace,
retrofit, or remediate an existing eligible facility,
as determined by the Secretary.
(4) Selection.--The Secretary shall--
(A) solicit applications for capital construction
grants;
(B) evaluate applications on the basis of--
(i) the degree to which the project will
improve mobility and access through the removal
of barriers;
(ii) the appropriateness of removing,
retrofitting, or remediating the effects on
community connectivity from the eligible
facility, based on current traffic patterns and
the ability of the project and the regional
transportation network to absorb transportation
demand and provide safe mobility and access;
(iii) the impact of the project on freight
movement;
(iv) the results of a cost-benefit analysis
of the project;
(v) the extent to which the grantee has
plans for inclusive economic development in
place, including the existing land use and
whether the zoning provides for equitable and
transit-oriented development of underutilized
land;
(vi) the degree to which the eligible
facility is out of context with the current or
planned land use;
(vii) the results of any feasibility study
completed for the project;
(viii) whether the eligible facility is
likely to need replacement or significant
reconstruction within the 20-year period
beginning on the date of the submission of the
application;
(ix) whether the project is consistent with
the relevant long-range transportation plan and
included in the relevant statewide
transportation improvement program;
(x) whether the project is consistent with,
and how the project would impact, the relevant
transportation performance management targets;
and
(xi) the extent to which the project
benefits populations impacted by or previously
displaced by the eligible facility;
(C) ensure that the project has conducted
sufficient community engagement, such as the activities
described in subsection (c)(2)(B); and
(D) ensure that the jurisdiction in which the
eligible facility is located has an anti-displacement
policy or a community land trust in place.
(5) Minimum award amounts.--A capital construction grant
shall be in an amount not less than $5,000,000 for each
recipient.
(6) Federal share.--
(A) In general.--Subject to subparagraph (B), the
Federal share of the total cost of a project carried
out using a capital construction grant may not exceed
80 percent.
(B) Maximum federal involvement.--Federal
assistance other than a capital construction grant may
be used to satisfy the non-Federal share of the cost of
a project for which the grant is awarded.
(7) Community advisory board.--
(A) In general.--To help achieve inclusive economic
development benefits with respect to the project for
which a grant is awarded, a grant recipient may form a
community advisory board, which, if formed, shall--
(i) facilitate community engagement with
respect to the project; and
(ii) track progress with respect to
commitments of the grant recipient to inclusive
employment, contracting, and economic
development under the project.
(B) Membership.--If a grant recipient forms a
community advisory board under subparagraph (A), the
community advisory board shall be composed of
representatives of--
(i) the community, including residents in
the immediate vicinity of the project;
(ii) owners of businesses that serve the
community;
(iii) labor organizations that represent
workers that serve the community;
(iv) State and local government; and
(v) private and non-profit organizations
that represent local community development.
(C) Diversity.--The community advisory board shall
be representative of the community served by the
project.
(e) Priorities.--In selecting recipients of planning grants,
capital construction grants, and technical assistance under this
section, the Secretary shall give priority to--
(1) an application from a community that is economically
disadvantaged, including an environmental justice community, an
underserved community, or a community located in an area of
persistent poverty (as such term is defined in section 101 of
title 23, United States Code); and
(2) an eligible entity that has--
(A) entered into a community benefits agreement
with representatives of the community or formed a
community advisory board under paragraph (7) of
subsection (d);
(B) demonstrated a plan for employing residents in
the area impacted by the activity or project through
targeted hiring programs; and
(C) demonstrated a plan for improving
transportation system access.
(f) Administrative Expenses.--Of amounts made available to carry
out this section, the Secretary may set aside not more than $5,000,000
in each fiscal year for the costs of administering the program under
this section.
(g) Technical Assistance.--Of amounts made available to carry out
this section, the Secretary may set aside not more than $5,000,000 in
each fiscal year to provide technical assistance to eligible entities
under subsection (c)(3).
(h) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that--
(1) identifies and creates an online mapping tool showing
any examples of potential projects to remove eligible
facilities, and assesses the potential impacts of carrying out
such projects; and
(2) assesses projects funded under subsection (d) to
provide best practices.
(i) Definitions.--In this section:
(1) Anti-displacement policy.--The term ``anti-displacement
policy'' means a policy that limits the displacement of low-
income, disadvantaged, and underserved communities from
neighborhoods due to new investments in housing, businesses,
and infrastructure.
(2) Community land trust.--The term ``community land
trust'' means a nonprofit organization established or with the
responsibility, as applicable--
(A) to develop the real estate created by the
removal or capping of an eligible facility; and
(B) to carry out anti-displacement or community
development strategies, including--
(i) affordable housing preservation and
development;
(ii) homeownership and property improvement
programs;
(iii) the development or rehabilitation of
park space or recreation facilities; and
(iv) community revitalization and economic
development projects.
(3) Eligible facility.--
(A) In general.--The term ``eligible facility''
means a highway or other transportation facility that
creates a barrier to community connectivity, including
barriers to mobility, access, or economic development,
due to high speeds, grade separations, or other design
factors.
(B) Inclusions.--In this section, the term
``eligible facility'' may include--
(i) a limited access highway;
(ii) a railway;
(iii) a viaduct;
(iv) a principal arterial facility; or
(v) any other transportation facility for
which the high speeds, grade separation, or
other design factors create an obstacle to
connectivity.
SEC. 1312. APPRENTICESHIP UTILIZATION.
(a) In General.--
(1) Certification requirement.--To receive a grant under
sections 117 and 173 of title 23, United States Code, and
section 1311 of this Act, each applicant shall include in a
grant application a certification that such applicant will
ensure that any contractor or subcontractor utilized in
carrying out activities with such grant--
(A) meets or exceeds the apprenticeship employment
goal;
(B) to the extent practicable, employs qualified
apprentices from traditionally underrepresented
populations, including women and minorities, in meeting
or exceeding such goal;
(C) makes best efforts to meet project-wide,
annually updated participation goals set by the
applicant for the percentage of total workhours that
are performed by historically under-represented
populations, including by women, people of color, and
women of color, by trade and position; and
(D) tracks ongoing progress towards the goals
described in subparagraph (C).
(2) Exceptions.--The Secretary may adjust the requirements
of this section if the grant applicant--
(A) demonstrates a lack of availability of
qualified apprentices in a specific geographic area; or
(B) makes a good faith effort to comply with the
requirements of this section.
(b) Regulations.--The Secretary, in collaboration with the
Secretary of Labor, as appropriate, shall have the authority to issue
such regulations or other guidance, forms, instructions, and
publications as may be necessary or appropriate to carry out the
requirements of this section, including reporting requirements and
oversight for applicants awarded a grant.
(c) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the utilization of qualified apprentices for projects carried out under
sections 117 and 173 of title 23, United States Code, and section 1311
of this Act, that includes--
(1) the total number of labor hours fulfilled by qualified
apprentices and historically underrepresented populations;
(2) the total number of qualified apprentices and
historically underrepresented populations employed;
(3) the total number of grant recipients that met or
exceeded the apprenticeship employment and the goals for the
percentage of total workhours performed by historically under-
represented populations under subsection (a)(1)(C);
(4) best practices utilized by grant recipients that met or
exceeded the apprenticeship employment goal and the goals for
the percentage of total workhours performed by historically
under-represented populations under subsection (a)(1)(C); and
(5) a summary of agency oversight of grant recipients'
fulfillment of certification terms under this section.
(d) Public Transparency.--At the end of each fiscal year, the
Secretary shall make available on a public website information on the
utilization of qualified apprentices in the preceding fiscal year for
each grant program under sections 117 and 173 of title 23, United
States Code, and section 1311 of this Act, including--
(1) the total number of grant applicants that certified
they would be able to meet or exceed the apprenticeship
employment goal under subsection (a);
(2) the total number of grants awarded for which applicants
certified they would be able to meet or exceed the
apprenticeship employment goal; and
(3) for each grant awarded, data on grant recipients'
progress toward achieving participation goals under subsection
(a)(1).
(e) Definitions.--In this section:
(1) Apprenticeship employment goal.--The term
``apprenticeship employment goal'' means the utilization of
qualified apprentices for not less than 15 percent of the total
labor hours used for construction activities for a project.
(2) Qualified apprentice.--The term ``qualified
apprentice'' means an employee participating in an
apprenticeship program that--
(A) is registered with the Office of Apprenticeship
of the Employment Training Administration of the
Department of Labor or a State apprenticeship agency
recognized by such Office of Apprenticeship pursuant to
the Act of August 16, 1937 (29 U.S.C. 50 et seq.;
commonly known as the ``National Apprenticeship Act'');
and
(B) satisfies the requirements of subpart A of part
29 and part 30 of title 29, Code of Federal
Regulations.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 1313. GAO STUDY.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study to
review the amount of funds made available under section 151(f) of title
23, United States Code, for the installation of electric vehicle
charging stations in communities disproportionately impacted by air
pollution and high rates of asthma.
SEC. 1314. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) contractors and subcontractors utilized in carrying out
activities funded under title 23, United States Code, should
institute respectful workplace policies and provide effective,
ongoing workplace training to create safe, respectful work
sites that are free from bullying, hazing, discrimination, or
harassment; and
(2) the Department of Transportation should take
appropriate steps in coordination with the Department of Labor
to ensure contractors and subcontractors take such actions.
SEC. 1315. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY
RIGHTS-OF-WAY.
(a) In General.--Section 329 of title 23, United States Code, is
amended by adding at the end the following:
``(d) Pollinator-friendly Practices on Roadsides and Highway
Rights-of-way.--
``(1) In general.--The Secretary shall establish a program
to provide grants to eligible entities to carry out activities
to benefit pollinators on roadsides and highway rights-of-way,
including the planting and seeding of native locally-
appropriate grasses and wildflowers, including milkweed.
``(2) Eligible entities.--An entity eligible to receive a
grant under this subsection is--
``(A) a State department of transportation;
``(B) an Indian tribe or tribal organization;
``(C) a territory; or
``(D) a Federal land management agency.
``(3) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require, including a
pollinator-friendly practices plan described in paragraph (4).
``(4) Pollinator-friendly practices plan.--
``(A) In general.--An eligible entity shall include
in the application under paragraph (3) a plan that
describes the pollinator-friendly practices that the
eligible entity has implemented or plans to implement,
including--
``(i) practices relating to mowing
strategies that promote early successional
vegetation and limit disturbance during periods
of highest use by target pollinator species on
roadsides and highway rights-of-way, such as--
``(I) reducing the mowing swath
outside of the State-designated safety
zone;
``(II) increasing the mowing
height;
``(III) reducing the mowing
frequency;
``(IV) refraining from mowing
monarch and other pollinator habitat
during periods in which monarchs or
other pollinators are present;
``(V) use of a flushing bar and
cutting at reduced speeds to reduce
pollinator deaths due to mowing; or
``(VI) reducing raking along
roadsides and highway rights-of-way;
``(ii) implementation of an integrated
vegetation management plan that includes
approaches such as mechanical tree and brush
removal, targeted and judicious use of
herbicides, and mowing, to address weed issues
on roadsides and highway rights-of-way;
``(iii) planting or seeding of native,
locally-appropriate grasses and wildflowers,
including milkweed, on roadsides and highway
rights-of-way to enhance pollinator habitat,
including larval host plants;
``(iv) removing nonnative grasses from
planting and seeding mixes, except for use as
nurse or cover crops;
``(v) obtaining expert training or
assistance on pollinator-friendly practices,
including--
``(I) native plant identification;
``(II) establishment and management
of locally-appropriate or native plants
that benefit pollinators;
``(III) land management practices
that benefit pollinators; and
``(IV) pollinator-focused
integrated vegetation management; or
``(vi) any other pollinator-friendly or
vegetation management practices the Secretary
determines to be appropriate.
``(B) Consideration.--In developing the plan under
subparagraph (A), the eligible entity shall consider
other vegetation management best management practices
established by the Secretary, including--
``(i) fuel breaks for the prevention and
control of wildfires;
``(ii) abating stormwater runoff and
stabilizing soil;
``(iii) habitat for forage for native
fauna; and
``(iv) the economy of maintenance of the
right-of-way.
``(C) Coordination.--In developing a plan under
subparagraph (A), an eligible entity that is a State
department of transportation or a Federal land
management agency shall coordinate with applicable
State agencies, including State agencies with
jurisdiction over agriculture and fish and wildlife.
``(D) Consultation.--In developing a plan under
subparagraph (A)--
``(i) an eligible entity that is a State
department of transportation or a Federal land
management agency shall consult with any
affected Indian tribes or tribal organizations;
and
``(ii) any eligible entity may consult with
nonprofit organizations, institutions of higher
education, units of local government, or any
other relevant entities.
``(5) Award of grants.--
``(A) In general.--The Secretary shall provide a
grant to each eligible entity that submits an
application under paragraph (3), including a plan under
paragraph (4), that the Secretary determines to be
satisfactory.
``(B) Amount of grants.--The amount of each grant
provided under this subsection may not exceed $150,000.
``(6) Use of funds.--An eligible entity that receives a
grant under this subsection shall use the funds for the
implementation, improvement, or further development of the plan
under paragraph (4).
``(7) Federal share.--The Federal share of the cost of an
activity carried out with a grant under this subsection shall
be up to 80 percent.
``(8) Technical assistance.--On request of an eligible
entity that receives a grant under this subsection, the
Secretary may provide technical assistance with the
implementation, improvement, or further development of a plan
under paragraph (4).
``(9) Administrative costs.--For each fiscal year, the
Secretary may use not more than 5 percent of the amounts made
available to carry out this subsection for the administrative
costs of carrying out this subsection.
``(10) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated from the general fund of the Treasury to
carry out this subsection $2,000,000 for each of fiscal
years 2023 through 2026.
``(B) Availability.--Amounts made available under
this subsection shall remain available as described
under section 118(b).
``(e) Best Practices and Guidance.--
``(1) In general.--Not later than 1 year after the date of
enactment of the INVEST in America Act, and periodically
thereafter, the Secretary shall develop or update best
practices for, and a priority ranking of, pollinator-friendly
practices on roadsides and highway rights-of-way.
``(2) Guidance.--The Secretary shall provide guidance on
sources of funds made available under this title that are
eligible for activities described under this section, including
any best management practices identified under paragraph (1)
that are eligible for funding under this title.''.
(b) Report.--Not later than 2 years after the date on which the
first grant is provided under section 329(d) of title 23, United States
Code, as added by this Act, the Secretary shall publish a report on the
implementation of the program under such section.
Subtitle D--Planning, Performance Management, and Asset Management
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``resiliency needs while
minimizing transportation-related fuel consumption and air
pollution'' and inserting ``resilience and climate change
adaptation needs while reducing transportation-related fuel
consumption, air pollution, and greenhouse gas emissions'';
(2) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) STIP.--The term `STIP' means a statewide
transportation improvement program developed by a State under
section 135(g).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``and
transportation improvement programs'' and inserting
``and TIPs''; and
(B) by adding at the end the following:
``(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider direct and
indirect emissions of greenhouse gases.'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of MAP-21, each'' and
inserting ``Each'';
(B) in paragraph (3) by adding at the end the
following:
``(D) Equitable and proportional representation.--
``(i) In general.--For officials or
representatives under paragraph (2), the
metropolitan planning organization shall ensure
the equitable and proportional representation
of the population of the metropolitan planning
area.
``(ii) Savings clause.--Nothing in this
paragraph shall require a metropolitan planning
organization in existence on the date of
enactment of this subparagraph to be
restructured.
``(iii) Redesignation.--Notwithstanding
clause (ii), the requirements of this paragraph
shall apply to any metropolitan planning
organization redesignated under paragraph
(6).'';
(C) in paragraph (6)(B) by striking ``paragraph
(2)'' and inserting ``paragraph (2) or (3)(D)''; and
(D) in paragraph (7)--
(i) by striking ``an existing metropolitan
planning area'' and inserting ``an urbanized
area''; and
(ii) by striking ``the existing
metropolitan planning area'' and inserting
``the area'';
(5) in subsection (g)--
(A) in paragraph (1) by striking ``a metropolitan
area'' and inserting ``an urbanized area'';
(B) in paragraph (2) by striking ``mpos'' and
inserting ``metropolitan planning areas'';
(C) in paragraph (3)(A) by inserting ``emergency
response and evacuation, climate change adaptation and
resilience,'' after ``disaster risk reduction,''; and
(D) by adding at the end the following:
``(4) Coordination between mpos.--
``(A) In general.--If more than one metropolitan
planning organization is designated within an urbanized
area under subsection (d)(7), the metropolitan planning
organizations designated within the area shall ensure,
to the maximum extent practicable, the consistency of
any data used in the planning process, including
information used in forecasting transportation demand.
``(B) Savings clause.--Nothing in this paragraph
requires metropolitan planning organizations designated
within a single urbanized area to jointly develop
planning documents, including a unified long-range
transportation plan or unified TIP.'';
(6) in subsection (h)(1)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) protect and enhance the environment, promote
energy conservation, reduce greenhouse gas emissions,
improve the quality of life and public health, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns, including housing and land use
patterns;'';
(B) in subparagraph (I)--
(i) by inserting ``, sea level rise,
extreme weather, and climate change'' after
``stormwater''; and
(ii) by striking ``and'' at the end;
(C) by redesignating subparagraph (J) as
subparagraph (M); and
(D) by inserting after subparagraph (I) the
following:
``(J) support emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access;
``(L) support inclusive zoning policies and land
use planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households;
and'';
(7) in subsection (h)(2) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a
performance-based approach, transportation investment
decisions made as a part of the metropolitan
transportation planning process shall support the
national goals described in section 150(b), the
achievement of metropolitan and statewide targets
established under section 150(d), the improvement of
transportation system access (consistent with section
150(f)), and the general purposes described in section
5301 of title 49.'';
(8) in subsection (i)--
(A) in paragraph (2)(D)(i) by inserting ``reduce
greenhouse gas emissions and'' before ``restore and
maintain'';
(B) in paragraph (2)(G) by inserting ``and climate
change'' after ``infrastructure to natural disasters'';
(C) in paragraph (2)(H) by inserting ``greenhouse
gas emissions,'' after ``pollution,'';
(D) in paragraph (5)--
(i) in subparagraph (A) by inserting ``air
quality, public health, housing,
transportation, resilience, hazard mitigation,
emergency management,'' after
``conservation,''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Issues.--The consultation shall involve, as
appropriate, comparison of transportation plans to
other relevant plans, including, if available--
``(i) State conservation plans or maps; and
``(ii) inventories of natural or historic
resources.''; and
(E) by amending paragraph (6)(C) to read as
follows:
``(C) Methods.--
``(i) In general.--In carrying out
subparagraph (A), the metropolitan planning
organization shall, to the maximum extent
practicable--
``(I) hold any public meetings at
convenient and accessible locations and
times;
``(II) employ visualization
techniques to describe plans; and
``(III) make public information
available in electronically accessible
format and means, such as the internet,
as appropriate to afford reasonable
opportunity for consideration of public
information under subparagraph (A).
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the metropolitan
planning organization shall, to the maximum
extent practicable--
``(I) use virtual public
involvement, social media, and other
web-based tools to encourage public
participation and solicit public
feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(9) in subsection (j) by striking ``transportation
improvement program'' and inserting ``TIP'' each place it
appears; and
(10) by striking ``Federally'' each place it appears and
inserting ``federally''.
SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 135 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (2)--
(i) by striking ``The statewide
transportation plan and the'' and inserting the
following:
``(A) In general.--The statewide transportation
plan and the'';
(ii) by striking ``transportation
improvement program'' and inserting ``STIP'';
and
(iii) by adding at the end the following:
``(B) Consideration.--In developing the statewide
transportation plans and STIPs, States shall consider
direct and indirect emissions of greenhouse gases.'';
and
(C) in paragraph (3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by inserting ``reduce
greenhouse gas emissions,'' after
``promote energy conservation,'';
(II) by inserting ``and public
health'' after ``improve the quality of
life''; and
(III) by inserting ``, including
housing and land use patterns'' after
``economic development patterns'';
(ii) in subparagraph (I)--
(I) by inserting ``, sea level
rise, extreme weather, and climate
change'' after ``mitigate stormwater'';
and
(II) by striking ``and'' after the
semicolon;
(iii) by redesignating subparagraph (J) as
subparagraph (M); and
(iv) by inserting after subparagraph (I)
the following:
``(J) facilitate emergency management, response,
and evacuation and hazard mitigation;
``(K) improve the level of transportation system
access;
``(L) support inclusive zoning policies and land
use planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households;
and'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a
performance-based approach, transportation investment
decisions made as a part of the statewide
transportation planning process shall support--
``(i) the national goals described in
section 150(b);
``(ii) the consideration of transportation
system access (consistent with section 150(f));
``(iii) the achievement of statewide
targets established under section 150(d); and
``(iv) the general purposes described in
section 5301 of title 49.''; and
(ii) in subparagraph (D) by striking
``statewide transportation improvement
program'' and inserting ``STIP''; and
(C) in paragraph (3) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(3) in subsection (e)(3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(4) in subsection (f)--
(A) in paragraph (2)(D)--
(i) in clause (i) by inserting ``air
quality, public health, housing,
transportation, resilience, hazard mitigation,
emergency management,'' after
``conservation,''; and
(ii) by amending clause (ii) to read as
follows:
``(ii) Comparison and consideration.--
Consultation under clause (i) shall involve the
comparison of transportation plans to other
relevant plans and inventories, including, if
available--
``(I) State and tribal conservation
plans or maps; and
``(II) inventories of natural or
historic resources.'';
(B) in paragraph (3)(B)--
(i) by striking ``In carrying out'' and
inserting the following:
``(i) In general.--In carrying out'';
(ii) by redesignating clauses (i) through
(iv) as subclauses (I) through (IV),
respectively; and
(iii) by adding at the end the following:
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the State shall,
to the maximum extent practicable--
``(I) use virtual public
involvement, social media, and other
web-based tools to encourage public
participation and solicit public
feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(C) in paragraph (4)(A) by inserting ``reduce
greenhouse gas emissions and'' after ``potential to'';
and
(D) in paragraph (8) by inserting ``greenhouse gas
emissions,'' after ``pollution,'';
(5) in subsection (g)--
(A) in paragraph (1)(A) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (3) by striking ``operators),,''
and inserting ``operators),'';
(C) in paragraph (4) by striking ``statewide
transportation improvement program'' and inserting
``STIP'' each place it appears;
(D) in paragraph (5)--
(i) in subparagraph (A) by striking
``transportation improvement program'' and
inserting ``STIP'';
(ii) in subparagraph (B)(ii) by striking
``metropolitan transportation improvement
program'' and inserting ``TIP'';
(iii) in subparagraph (C) by striking
``transportation improvement program'' and
inserting ``STIP'' each place it appears;
(iv) in subparagraph (E) by striking
``transportation improvement program'' and
inserting ``STIP'';
(v) in subparagraph (F)(i) by striking
``transportation improvement program'' and
inserting ``STIP'' each place it appears;
(vi) in subparagraph (G)(ii) by striking
``transportation improvement program'' and
inserting ``STIP''; and
(vii) in subparagraph (H) by striking
``transportation improvement program'' and
inserting ``STIP'';
(E) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``transportation
improvement program'' and inserting
``STIP''; and
(II) by striking ``and projects
carried out under the bridge program or
the Interstate maintenance program'';
and
(ii) in subparagraph (B)--
(I) by striking ``or under the
bridge program or the Interstate
maintenance program'';
(II) by striking ``5310, 5311,
5316, and 5317'' and inserting ``5310
and 5311''; and
(III) by striking ``statewide
transportation improvement program''
and inserting ``STIP'';
(F) in paragraph (7)--
(i) in the heading by striking
``Transportation improvement program'' and
inserting ``STIP''; and
(ii) by striking ``transportation
improvement program'' and inserting ``STIP'';
(G) in paragraph (8) by striking ``statewide
transportation plans and programs'' and inserting
``statewide transportation plans and STIPs''; and
(H) in paragraph (9) by striking ``transportation
improvement program'' and inserting ``STIP'';
(6) in subsection (h)(2)(A) by striking ``Not later than 5
years after the date of enactment of the MAP-21,'' and
inserting ``Not less frequently than once every 4 years,'';
(7) in subsection (k) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears; and
(8) in subsection (m) by striking ``transportation
improvement programs'' and inserting ``STIPs''.
SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
(a) In General.--Section 150 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1) by inserting ``or
elimination'' after ``significant reduction'';
(B) by redesignating paragraph (7) as paragraph
(8); and
(C) by inserting after paragraph (6) the following:
``(7) Combating climate change.--To reduce carbon dioxide
and other greenhouse gas emissions and reduce the climate
impacts of the transportation system.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``Not later than
18 months after the date of enactment of the MAP-21,
the Secretary'' and inserting ``The Secretary''; and
(B) by adding at the end the following:
``(7) Greenhouse gas emissions.--The Secretary shall
establish, in consultation with the Administrator of the
Environmental Protection Agency, measures for States to use to
assess--
``(A) carbon dioxide emissions per capita on public
roads;
``(B) carbon dioxide emissions using different
parameters than described in subparagraph (A) that the
Secretary determines to be appropriate; and
``(C) any other greenhouse gas emissions on public
roads that the Secretary determines to be
appropriate.'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year
after the Secretary has promulgated the final
rulemaking under subsection (c), each'' and
inserting ``Each''; and
(ii) by striking ``and (6)'' and inserting
``(6), and (7)''; and
(B) by adding at the end the following:
``(3) Regressive targets.--
``(A) In general.--A State may not establish a
regressive target for the measures described under
paragraph (4) or paragraph (7) of subsection (c).
``(B) Regressive target defined.--In this
paragraph, the term `regressive target' means a target
that fails to demonstrate constant or improved
performance for a particular measure.'';
(4) in subsection (e)--
(A) by striking ``Not later than 4 years after the
date of enactment of the MAP-21 and biennially
thereafter, a'' and inserting ``A''; and
(B) by inserting ``biennial'' after ``the Secretary
a''; and
(5) by adding at the end the following:
``(f) Transportation System Access.--
``(1) In general.--The Secretary shall establish measures
for States and metropolitan planning organizations to use to
assess the level of safe, reliable, and convenient
transportation system access to--
``(A) employment; and
``(B) services.
``(2) Considerations.--The measures established pursuant to
paragraph (1) shall include the ability for States and
metropolitan planning organizations to assess--
``(A) the change in the level of transportation
system access for various modes of travel, including
connection to other modes of transportation, that would
result from new transportation investments;
``(B) the level of transportation system access for
economically disadvantaged communities, including to
affordable housing; and
``(C) the extent to which transportation access is
impacted by zoning policies and land use planning
practices that effect the affordability, elasticity,
and diversity of the housing supply.
``(3) Definition of services.--In this subsection, the term
`services' includes healthcare facilities, child care,
education and workforce training, food sources, banking and
other financial institutions, and other retail shopping
establishments.''.
(b) Metropolitan Transportation Planning; Title 23.--Section 134 of
title 23, United States Code, is further amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``Performance target achievement''
in the heading and inserting ``Performance
management'';
(B) by striking ``The TIP'' and inserting the
following:
``(i) In general.--The TIP''; and
(C) by adding at the end the following:
``(ii) Transportation management areas.--
For metropolitan planning areas that represent
an urbanized area designated as a
transportation management area under subsection
(k), the TIP shall include--
``(I) a discussion of the
anticipated effect of the TIP toward
achieving the performance targets
established in the metropolitan
transportation plan, linking investment
priorities to such performance targets;
and
``(II) a description of how the
anticipated effect of the TIP would
improve the overall level of
transportation system access,
consistent with section 150(f).'';
(2) in subsection (k)--
(A) in paragraph (3)(A)--
(i) by striking ``shall address congestion
management'' and inserting the following:
``shall address--
``(i) congestion management'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the overall level of transportation
system access for various modes of travel
within the metropolitan planning area,
including the level of access for economically
disadvantaged communities, consistent with
section 150(f), that is based on a
cooperatively developed and implemented
metropolitan-wide strategy, assessing both new
and existing transportation facilities eligible
for funding under this title and chapter 53 of
title 49.''; and
(B) in paragraph (5)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the TIP approved under clause (ii)
makes progress towards improving the level of
transportation system access, consistent with
section 150(f).''; and
(3) in subsection (l)(2)--
(A) by striking ``5 years after the date of
enactment of the MAP-21'' and inserting ``2 years after
the date of enactment of the INVEST in America Act, and
every 2 years thereafter'';
(B) in subparagraph (C) by striking ``and whether
metropolitan planning organizations are developing
meaningful performance targets; and'' and inserting a
semicolon; and
(C) by striking subparagraph (D) and inserting the
following:
``(D) a listing of all metropolitan planning
organizations that are establishing performance targets
and whether such performance targets established by the
metropolitan planning organization are meaningful or
regressive (as defined in section 150(d)(3)(B)); and
``(E) the progress of implementing the measure
established under section 150(f).''.
(c) Statewide and Nonmetropolitan Transportation Planning; Title
23.--Section 135(g)(4) of title 23, United States Code, is further
amended--
(1) by striking ``Performance Target Achievement'' in the
heading and inserting ``Performance Management'';
(2) by striking ``shall include, to the maximum extent
practicable, a discussion'' and inserting the following:
``shall include--
``(A) a discussion'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(B) a consideration of the anticipated effect of
the STIP on the overall level of transportation system
access, consistent with section 150(f).''.
(d) Metropolitan Transportation Planning; Title 49.--Section 5303
of title 49, United States Code, is amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``Performance target achievement''
and inserting ``Performance management'';
(B) by striking ``The transportation improvement
plan'' and inserting the following:
``(i) In general.--The TIP''; and
(C) by adding at the end the following:
``(ii) Transportation management areas.--
For metropolitan planning areas that represent
an urbanized area designated as a
transportation management area under subsection
(k), the TIP shall include--
``(I) a discussion of the
anticipated effect of the TIP toward
achieving the performance targets
established in the metropolitan
transportation plan, linking investment
priorities to such performance targets;
and
``(II) a description of how the
anticipated effect of the TIP would
improve the overall level of
transportation system access,
consistent with section 150(f) of title
23.'';
(2) in subsection (k)--
(A) in paragraph (3)(A)--
(i) by striking ``shall address congestion
management'' and inserting the following:
``shall address--
``(i) congestion management'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the overall level of transportation
system access for various modes of travel
within the metropolitan planning area,
including the level of access for economically
disadvantaged communities, consistent with
section 150(f) of title 23, that is based on a
cooperatively developed and implemented
metropolitan-wide strategy, assessing both new
and existing transportation facilities eligible
for funding under this chapter and title 23.'';
and
(B) in paragraph (5)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the TIP approved under clause (ii)
makes progress towards improving the level of
transportation system access, consistent with
section 150(f) of title 23.''; and
(3) in subsection (l)(2)--
(A) by striking ``5 years after the date of
enactment of the Federal Public Transportation Act of
2012'' and inserting ``2 years after the date of
enactment of the INVEST in America Act, and every 2
years thereafter,'';
(B) in subparagraph (C) by striking ``and whether
metropolitan planning organizations are developing
meaningful performance targets; and'' and inserting a
semicolon; and
(C) by striking subparagraph (D) and inserting the
following:
``(D) a listing of all metropolitan planning
organizations that are establishing performance targets
and whether such performance targets established by the
metropolitan planning organization are meaningful or
regressive (as defined in section 150(d)(3)(B) of title
23); and
``(E) the progress of implementing the measure
established under section 150(f) of title 23.''.
(e) Statewide and Nonmetropolitan Transportation Planning; Title
49.--Section 5304(g)(4) of title 49, United States Code, is amended--
(1) by striking ``Performance target achievement'' and
inserting ``Performance management'';
(2) by striking ``shall include, to the maximum extent
practicable, a discussion'' and inserting the following:
``shall include--
``(A) a discussion'';
(3) by striking the period at the end and inserting ``;
and'';
(4) by striking ``statewide transportation improvement
program'' and inserting ``STIP'' each place it appears; and
(5) by adding at the end the following:
``(B) a consideration of the anticipated effect of
the STIP on the overall level of transportation system
access, consistent with section 150(f) of title 23.''.
(f) Savings Clause.--
(1) Regressive targets.--The prohibition in the amendment
made by subsection (a)(3)(B) shall apply to States beginning on
the date that is 1 year before the subsequent State target and
reporting deadlines related to safety performance management
established pursuant to section 150 of title 23, United States
Code.
(2) Access planning requirements.--The requirements in the
amendments made by subsections (b), (c), (d), and (e) shall
apply beginning on the date on which the requirements for the
measure described in section 150(f) of title 23, United States
Code, take effect.
(g) Development of Greenhouse Gas Measure.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Transportation shall issue such regulations as are necessary to carry
out paragraph (7) of section 150(c) of title 23, United States Code, as
added by this Act.
(h) Development of Transportation System Access Measure.--
(1) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Transportation shall
establish a working group to assess the provisions of
paragraphs (1) and (2) of section 150(f) and make
recommendations regarding the establishment of measures for
States and metropolitan planning organizations to use to assess
the level of transportation system access for various modes of
travel, consistent with section 150(f) of title 23, United
States Code.
(2) Members.--The working group established pursuant to
paragraph (1) shall include representatives from--
(A) the Department of Transportation;
(B) State departments of transportation, including
representatives that specialize in pedestrian and
bicycle safety;
(C) the Bureau of Transportation Statistics;
(D) metropolitan planning organizations
representing transportation management areas (as those
terms are defined in section 134 of title 23, United
States Code);
(E) other metropolitan planning organizations or
local governments;
(F) providers of public transportation;
(G) nonprofit entities related to transportation,
including relevant safety groups;
(H) experts in the field of transportation access
data; and
(I) any other stakeholders, as determined by the
Secretary.
(3) Report.--
(A) Submission.--Not later than 1 year after the
establishment of the working group pursuant to
paragraph (1), the working group shall submit to the
Secretary a report of recommendations regarding the
establishment of measures for States and metropolitan
planning organizations to use to assess the level of
transportation system access, consistent with section
150(f) of title 23, United States Code.
(B) Publication.--Not later than 30 days after the
date on which the Secretary receives the report under
subparagraph (A), the Secretary shall publish the
report on a publicly accessible website of the
Department of Transportation.
(4) Rulemaking.--Not later than 2 years after the date on
which the Secretary receives the report under paragraph (3),
the Secretary shall issue such regulations as are necessary to
implement the requirements of section 150(f) of title 23,
United States Code.
(5) Termination.--The Secretary shall terminate the working
group established pursuant to paragraph (1) on the date on
which the regulation issued pursuant to paragraph (4) takes
effect.
(i) Transportation System Access Data.--
(1) In general.--Not later than 90 days after the date on
which the Secretary of Transportation establishes the measure
required under section 150(f) of title 23, United States Code,
the Secretary shall develop or procure eligible transportation
system access data sets and analytical tools and make such data
sets and analytical tools available to State departments of
transportation and metropolitan planning areas that represent
transportation management areas.
(2) Requirements.--An eligible transportation system access
data set and analytical tool shall have the following
characteristics:
(A) The ability to quantify the level of safe,
reliable, and convenient transportation system access
to--
(i) employment;
(ii) services; and
(iii) connections to other modes of
transportation.
(B) The ability to quantify transportation system
access for various modes of travel, including--
(i) driving;
(ii) public transportation;
(iii) walking (including conveyance for
persons with disabilities); and
(iv) cycling (including micromobility).
(C) The ability to disaggregate the level of
transportation system access by various transportation
modes by a variety of population categories,
including--
(i) low-income populations;
(ii) minority populations;
(iii) age;
(iv) disability; and
(v) geographical location.
(D) The ability to assess the change in the level
of transportation system access that would result from
new transportation investments.
(3) Consideration.--An eligible transportation system
access data set and analytical tool shall take into
consideration safe and connected networks for walking, cycling,
and persons with disabilities.
(j) Definitions.--In this section:
(1) Transportation system access.--The term
``transportation system access'' has the meaning given such
term in section 101 of title 23, United States Code.
(2) Services.--The term ``services'' has the meaning given
such term in section 150(f) of title 23, United States Code.
SEC. 1404. TRANSPORTATION DEMAND DATA AND MODELING STUDY.
(a) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study on transportation demand data and modeling,
including transportation demand forecasting, and make
recommendations for developing and utilizing transportation and
traffic demand models with a demonstrated record of accuracy.
(2) Contents.--In carrying out the study under this
section, the Secretary shall--
(A) collect observed transportation demand data and
transportation demand forecasts from States and
metropolitan planning organizations, including data and
forecasts on--
(i) traffic counts;
(ii) transportation mode share and public
transportation ridership;
(iii) vehicle occupancy measures; and
(iv) travel demand impacts from state and
local transportation demand management
programs;
(B) compare the transportation demand forecasts
with the observed transportation demand data gathered
under subparagraph (A), including an analysis of the
level of accuracy of forecasts and possible reasons for
large discrepancies; and
(C) use the information described in subparagraphs
(A) and (B) to--
(i) develop best practices and guidance for
States and metropolitan planning organizations
to use in forecasting transportation demand for
future investments in transportation
improvements;
(ii) evaluate the impact of transportation
investments, including new roadway capacity, on
transportation behavior and transportation
demand, including public transportation
ridership, induced highway transportation, and
congestion;
(iii) support more accurate transportation
demand forecasting by States and metropolitan
planning organizations;
(iv) enhance the capacity of States and
metropolitan planning organizations to--
(I) forecast transportation demand;
and
(II) track observed transportation
behavior responses, including induced
transportation, to changes in
transportation capacity, pricing, and
land use patterns; and
(v) develop transportation demand
management strategies to maximize the
efficiency of the transportation system,
improve mobility, reduce congestion, and lower
vehicle emissions.
(3) Covered entities.--In carrying out the study under this
section, the Secretary shall ensure that data and forecasts
described in paragraph (2)(A) are collected from--
(A) States;
(B) metropolitan planning organizations that serve
an area with a population of 200,000 people or fewer;
and
(C) metropolitan planning organizations that serve
an area with a population of over 200,000 people.
(4) Working with the private sector.--In carrying out this
section, the Secretary may, and is encouraged to, procure
additional data as necessary from university transportation
centers, private sector providers, and other entities as is
needed and may use funds authorized under section 503(b) of
title 23, United States Code, for carrying out this paragraph.
(5) Working with affected communities.--In carrying out
this section, the Secretary shall consult with, and collect
data and input from, representatives of--
(A) the Department of Transportation;
(B) State departments of transportation;
(C) metropolitan planning organizations;
(D) local governments;
(E) providers of public transportation;
(F) nonprofit entities related to transportation,
including safety, cycling, disability, and equity
groups; and
(G) any other stakeholders, as determined by the
Secretary.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report containing
the findings of the study conducted under subsection (a).
(c) Secretarial Support.--The Secretary shall seek opportunities to
support the transportation planning processes under sections 134 and
135 of title 23, United States Code, through the provision of data to
States and metropolitan planning organizations to improve the quality
of transportation plans, models, and demand forecasts.
(d) Update Guidance and Regulations.--The Secretary shall--
(1) update Department of Transportation guidance and
procedures to utilize best practices documented throughout the
Federal program; and
(2) ensure that best practices included in the report are
incorporated into appropriate regulations as such regulations
are updated.
(e) Continuing Improvement.--The Secretary shall set out a process
to repeat the study under this section every 2 years as part of the
conditions and performance report, including--
(1) progress in the accuracy of model projections;
(2) further recommendations for improvement; and
(3) further changes to guidance, regulation, and procedures
required for the Department of Transportation to adopt best
practices.
SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of
Federal Regulations, to ensure that the outer years of a metropolitan
transportation plan are defined as ``beyond the first 4 years''.
Subtitle E--Federal Lands, Tribes, and Territories
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
(a) In General.--Section 165 of title 23, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Annual Allocation.--For the Puerto Rico and territorial
highway program, there shall be made available--
``(1) $340,000,000 for the Puerto Rico highway program
under subsection (b) for each of fiscal years 2023 through
2026; and
``(2) for the territorial highway program under subsection
(c)--
``(A) an amount equivalent to 0.002 of the amount
made available under section 1101(a)(1)(A) of the
INVEST in America Act for fiscal year 2023;
``(B) an amount equivalent to 0.002 of the amount
made available under section 1101(a)(1)(B) of the
INVEST in America Act for fiscal year 2024;
``(C) an amount equivalent to 0.002 of the amount
made available under section 1101(a)(1)(C) of the
INVEST in America Act for fiscal year 2025; and
``(D) an amount equivalent to 0.002 of the amount
made available under section 1101(a)(1)(D) of the
INVEST in America Act for fiscal year 2026.'';
(2) in subsection (b)(2) by adding at the end the
following:
``(D) Transferability.--Of the amounts described in
clauses (i) and (ii) of subparagraph (C) for the Puerto
Rico highway program, Puerto Rico may transfer not to
exceed 50 percent in a fiscal year of such amounts for
activities described in clause (iii) of such
subparagraph.''.
(3) in subsection (c)(6)(A)--
(A) by redesignating clauses (iv), (v), (vi), and
(vii) as clauses (v), (vi), (vii), and (viii),
respectively; and
(B) by inserting after clause (iii) the following:
``(iv) Ferry boats and terminal facilities
that are privately or majority privately owned,
in accordance with paragraphs (1), (2), (4),
(5), (6), and (7) of section 129(c), that
provide a substantial public benefit.''; and
(4) by adding at the end the following:
``(d) Participation of Territories in Discretionary Programs.--For
any program in which the Secretary may allocate funds out of the
Highway Trust Fund (other than the Mass Transit Account) to a State at
the discretion of the Secretary, the Secretary may allocate funds to
one or more territory for any project or activity that otherwise would
be eligible under such program if such project or activity was being
carried out in a State.''.
(b) Access and Development Roads.--Section 118(d) of title 23,
United States Code, is amended by striking ``and the Commonwealth of
Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, and
any other territory of the United States''.
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM.
Section 202 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking ``improving
deficient'' and inserting ``the construction and
reconstruction of'';
(B) in paragraph (2)--
(i) in subparagraph (A) by inserting
``construct,'' after ``project to''; and
(ii) in subparagraph (B)--
(I) by striking ``deficient''; and
(II) by inserting ``in poor
condition'' after ``facility bridges'';
and
(C) in paragraph (3)--
(i) in the heading by striking ``Eligible
bridges'' and inserting ``Eligibility for
existing bridges'';
(ii) by striking ``a bridge'' and inserting
``an existing bridge''; and
(iii) in subparagraph (C) by striking
``structurally deficient or functionally
obsolete'' and inserting ``in poor condition'';
and
(2) in subsection (e)(1)--
(A) by striking ``2 percent'' and inserting ``4
percent''; and
(B) by striking ``for eligible projects described
in section 148(a)(4).'' and inserting the following:
``for--
``(A) eligible projects described in section
148(a)(4);
``(B) projects to promote public awareness and
education concerning highway safety matters (including
bicycle, all-terrain, motorcyclist, and pedestrian
safety); or
``(C) projects to enforce highway safety laws.''.
SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
(a) Tribal Transportation Program.--Section 202 of title 23, United
States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Tribal High Priority Projects Program.--Before making any
distribution under subsection (b), the Secretary shall set aside
$50,000,000 from the funds made available under the tribal
transportation program for each fiscal year to carry out the Tribal
High Priority Projects program under section 1123 of MAP-21 (23 U.S.C.
202 note).''.
(b) Tribal High Priority Projects Program.--Section 1123 of MAP-21
(23 U.S.C. 202 note) is amended--
(1) in subsection (a)(1)(C) by striking ``required by that
section'' and inserting ``required under such program'';
(2) in subsection (b)(1) by striking ``use amounts made
available under subsection (h) to'';
(3) in subsection (d)--
(A) in paragraph (2) by inserting ``, in
consultation with the Secretary of the Interior,''
after ``The Secretary''; and
(B) in paragraph (3) by striking ``of the
Interior'' each place it appears;
(4) in subsection (f) by striking ``$1,000,000'' and
inserting ``$5,000,000'';
(5) in subsection (g) by striking ``and the Secretary'' and
inserting ``or the Secretary''; and
(6) by striking subsection (h) and inserting the following:
``(h) Administration.--The funds made available to carry out this
section shall be administered in the same manner as funds made
available for the Tribal transportation program under section 202 of
title 23, United States Code.''.
SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM.
(a) In General.--Section 203(a) of title 23, United States Code, is
amended by adding at the end the following:
``(6) Transfer for high-commuter corridors.--
``(A) Request.--If the head of a covered agency
determines that a high-commuter corridor requires
additional investment, based on the criteria described
in subparagraph (D), the head of a covered agency, with
respect to such corridor, shall submit to the State--
``(i) information on condition of pavements
and bridges;
``(ii) an estimate of the amounts needed to
bring such corridor into a state of good
repair, taking into consideration any planned
future investments; and
``(iii) at the discretion of the head of a
covered agency, a request that the State
transfer to the covered agency, under the
authority of section 132 or section 204, or to
the Federal Highway Administration, under the
authority of section 104, a portion of such
amounts necessary to address the condition of
the corridor.
``(B) State response.--Not later than 45 days after
the date of receipt of the request described in
subparagraph (A)(iii), the State shall--
``(i) approve the request;
``(ii) deny the request and explain the
reasons for such denial; or
``(iii) request any additional information
necessary to take action on the request.
``(C) Notification to the secretary.--The head of a
covered agency shall provide to the Secretary a copy of
any request described under subparagraph (A)(iii) and
response described under subparagraph (B).
``(D) Criteria.--In making a determination under
subparagraph (A), the head of a covered agency, with
respect to the corridor, shall consider--
``(i) the condition of roads, bridges, and
tunnels; and
``(ii) the average annual daily traffic.
``(E) Definitions.--In this paragraph:
``(i) Covered agency.--The term `covered
agency' means a Federal agency eligible to
receive funds under this section, section 203,
or section 204, including the Army Corps of
Engineers, Bureau of Reclamation, and the
Bureau of Land Management.
``(ii) High-commuter corridor.--The term
`high-commuter corridor' means a Federal lands
transportation facility that has an average
annual daily traffic of not less than 20,000
vehicles.''.
(b) GAO Study Regarding NPS Maintenance.--
(1) Study.--The Comptroller General of the United States
shall study the National Park Service maintenance
prioritization of Federal lands transportation facilities.
(2) Contents.--At minimum, the study under paragraph (1)
shall examine--
(A) general administrative maintenance of the
National Park Service;
(B) how the National Park Service currently
prioritizes maintenance of Federal facilities covered
under the Federal Lands Transportation Program;
(C) what kind of maintenance the National Parkway
Service is performing;
(D) to what degree does the National Park Service
prioritize high-commuter corridors; and
(E) how the National Park Service can better
service the needs of high commuter corridors.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report summarizing the study and the
results of such study, including recommendations for addressing
the maintenance needs and prioritization of high-commuter
corridors.
(4) Definition of high-commuter corridor.--In this section,
the term ``high-commuter corridor'' means a Federal lands
transportation facility that has average annual daily traffic
of not less than 20,000 vehicles.
SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 207 the following:
``Sec. 208. Federal lands and Tribal major projects program
``(a) Establishment.--The Secretary shall establish a Federal lands
and Tribal major projects program (referred to in this section as the
`program') to provide funding to construct, reconstruct, or
rehabilitate critical Federal lands and Tribal transportation
infrastructure.
``(b) Eligible Applicants.--
``(1) In general.--Except as provided in paragraph (2),
entities eligible to receive funds under sections 201, 202,
203, and 204 may apply for funding under the program.
``(2) Special rule.--A State, county, or unit of local
government may only apply for funding under the program if
sponsored by an eligible Federal agency or Indian Tribe.
``(c) Eligible Projects.--An eligible project under the program
shall be on a Federal lands transportation facility, a Federal lands
access transportation facility, or a tribal transportation facility,
except that such facility is not required to be included in an
inventory described in section 202 or 203, and for which--
``(1) the project--
``(A) has completed the activities required under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) which has been demonstrated
through--
``(i) a record of decision with respect to
the project;
``(ii) a finding that the project has no
significant impact; or
``(iii) a determination that the project is
categorically excluded; or
``(B) is reasonably expected to begin construction
not later than 18 months after the date of obligation
of funds for the project; and
``(2) the project has an estimated cost equal to or
exceeding--
``(A) $12,500,000 if it is on a Federal lands
transportation facility or a Federal lands access
transportation facility; and
``(B) $5,000,000 if it is on a Tribal
transportation facility.
``(d) Eligible Activities.--Grant amounts received for a project
under this section may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, and rehabilitation
activities.
``(e) Applications.--Eligible applicants shall submit to the
Secretary an application at such time, in such form, and containing
such information as the Secretary may require.
``(f) Project Requirements.--The Secretary may select a project to
receive funds under the program only if the Secretary determines that
the project--
``(1) improves the condition of critical transportation
facilities, including multimodal facilities;
``(2) cannot be easily and efficiently completed with
amounts made available under section 202, 203, or 204; and
``(3) is cost effective.
``(g) Merit Criteria.--In making a grant under this section, the
Secretary shall consider whether the project--
``(1) will generate state of good repair, resilience,
economic competitiveness, quality of life, mobility, or safety
benefits;
``(2) in the case of a project on a Federal lands
transportation facility or a Federal lands access
transportation facility, has costs matched by funds that are
not provided under this section or this title; and
``(3) generates benefits for land owned by multiple Federal
land management agencies or Indian Tribes, or which spans
multiple States.
``(h) Evaluation and Rating.--To evaluate applications, the
Secretary shall--
``(1) determine whether a project meets the requirements
under subsection (f);
``(2) evaluate, through a discernable and transparent
methodology, how each application addresses one or more merit
criteria established under subsection (g);
``(3) assign a rating for each merit criteria for each
application; and
``(4) consider applications only on the basis of such
quality ratings and which meet the minimally acceptable level
for each of the merit criteria.
``(i) Cost Share.--
``(1) Federal lands projects.--
``(A) In general.--Notwithstanding section 120, the
Federal share of the cost of a project on a Federal
lands transportation facility or a Federal lands access
transportation facility shall be up to 90 percent.
``(B) Non-federal share.--Notwithstanding any other
provision of law, any Federal funds may be used to pay
the non-Federal share of the cost of a project carried
out under this section.
``(2) Tribal projects.--The Federal share of the cost of a
project on a Tribal transportation facility shall be 100
percent.
``(j) Use of Funds.--For each fiscal year, of the amounts made
available to carry out this section, not more than 50 percent shall be
used for eligible projects on Federal lands transportation facilities
or Federal lands access transportation facilities and Tribal
transportation facilities, respectively.''.
(b) Clerical Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item relating to
section 207 the following new item:
``208. Federal lands and Tribal major projects program.''.
(c) Repeal.--Section 1123 of the FAST Act (23 U.S.C. 201 note), and
the item related to such section in the table of contents under section
1(b) of such Act, are repealed.
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
Section 102 of title 49, United States Code, is amended--
(1) in subsection (e)(1)--
(A) by striking ``6 Assistant'' and inserting ``7
Assistant'';
(B) in subparagraph (C) by striking ``; and'' and
inserting a semicolon;
(C) by redesignating subparagraph (D) as
subparagraph (E); and
(D) by inserting after subparagraph (C) the
following:
``(D) an Assistant Secretary for Tribal Government
Affairs, who shall be appointed by the President;
and''; and
(2) in subsection (f)--
(A) in the heading by striking ``Deputy Assistant
Secretary for Tribal Government Affairs'' and inserting
``Office of Tribal Government Affairs''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) Establishment.--There is established in the
Department an Office of Tribal Government Affairs, under the
Assistant Secretary for Tribal Government Affairs, to--
``(A) oversee the Tribal transportation self-
governance program under section 207 of title 23;
``(B) plan, coordinate, and implement policies and
programs serving Indian Tribes and Tribal
organizations;
``(C) coordinate Tribal transportation programs and
activities in all offices and administrations of the
Department;
``(D) provide technical assistance to Indian Tribes
and Tribal organizations;
``(E) be a participant in any negotiated
rulemakings relating to, or having an impact on,
projects, programs, or funding associated with the
tribal transportation program under section 202 of
title 23; and
``(F) ensure that Department programs have in
place, implement, and enforce requirements and
obligations for regular and meaningful consultation and
collaboration with Tribes and Tribal officials under
Executive Order No. 13175 and to serve as the primary
advisor to the Secretary and other Department
components regarding violations of those
requirements.''.
SEC. 1507. ALTERNATIVE CONTRACTING METHODS.
(a) Land Management Agencies and Tribal Governments.--Section 201
of title 23, United States Code, is amended by adding at the end the
following:
``(f) Alternative Contracting Methods.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may use a contracting method available to a
State under this title on behalf of--
``(A) a Federal land management agency, with
respect to any funds available pursuant to section 203
or 204;
``(B) a Federal land management agency, with
respect to any funds available pursuant to section 1535
of title 31 for any eligible use described in sections
203(a)(1) and 204(a)(1) of this title; or
``(C) a Tribal Government, with respect to any
funds available pursuant to section 202(b)(7)(D).
``(2) Methods described.--The contracting methods referred
to in paragraph (1) shall include, at a minimum--
``(A) project bundling;
``(B) bridge bundling;
``(C) design-build contracting;
``(D) 2-phase contracting;
``(E) long-term concession agreements; and
``(F) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.
``(3) Rule of construction.--Nothing in this subsection--
``(A) affects the application of the Federal share
for a project carried out with a contracting method
under this subsection; or
``(B) modifies the point of obligation of Federal
salaries and expenses.''.
(b) Use of Alternative Contracting Method.--In carrying out the
amendments made by this section, the Secretary shall--
(1) in consultation with the applicable Federal land
management agencies, establish procedures that are--
(A) applicable to each alternative contracting
method; and
(B) to the maximum extent practicable, consistent
with requirements for Federal procurement transactions;
(2) solicit input on the use of each alternative
contracting method from any affected industry prior to using
such method; and
(3) analyze and prepare an evaluation of the use of each
alternative contracting method.
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES.
(a) In General.--The Commissioner of the Bureau of Reclamation may
transfer ownership of a bridge that is owned by the Bureau of
Reclamation if--
(1) the ownership of the bridge is transferred to a State
with the concurrence of such State;
(2) the State to which ownership is transferred agrees to
operate and maintain the bridge;
(3) the transfer of ownership complies with all applicable
Federal requirements, including--
(A) section 138 of title 23, United States Code;
(B) section 306108 of title 54, United States Code;
and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(4) the Bureau of Reclamation and the State to which
ownership is being transferred jointly notify the Secretary of
Transportation of the intent to conduct a transfer prior to
such transfer.
(b) Access.--In a transfer of ownership of a bridge under this
section, the Commissioner of the Bureau of Reclamation--
(1) shall not be required to transfer ownership of the land
on which the bridge is located or any adjacent lands; and
(2) shall make arrangements with the State to which
ownership is being transferred to allow for adequate access to
such bridge, including for the purposes of construction,
maintenance, and bridge inspections pursuant to section 144 of
title 23, United States Code.
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO INDIAN TRIBES.
Not later than January 31 of each year, the Secretary of
Transportation shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that--
(1) identifies the number of Indian Tribes that were direct
recipients of funds under any discretionary Federal highway,
transit, or highway safety program in the prior fiscal year;
(2) lists the total amount of such funds made available
directly to such Tribes;
(3) identifies the number and location of Indian Tribes
that were indirect recipients of funds under any formula-based
Federal highway, transit, or highway safety program in the
prior fiscal year; and
(4) lists the total amount of such funds made available
indirectly to such tribes through states or other direct
recipients of Federal highway, transit or highway safety
funding.
SEC. 1510. GAO STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the deferred maintenance of United States forest
roads, including--
(1) the current backlog;
(2) the current actions on such maintenance and backlog;
(3) the impacts of public safety due to such deferred
maintenance, including wildfire ignitions, suppression, and
evacuation routes; and
(4) recommendations for Congress on ways to address such
backlog.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report containing the results of the study conducted under
subsection (a).
SEC. 1511. FEDERAL LANDS ACCESS PROGRAM.
(a) In General.--Section 204(a) of title 23, United States Code, is
amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by
inserting ``context-sensitive solutions,'' after
``restoration,'';
(B) in clause (i), by inserting ``, including
interpretive panels in or adjacent to those areas''
after ``areas'';
(C) in clause (v), by striking ``and'' at the end;
(D) by redesignating clause (vi) as clause (ix);
and
(E) by inserting after clause (v) the following:
``(vi) contextual wayfinding markers;
``(vii) landscaping;
``(viii) cooperative mitigation of visual
blight, including screening or removal; and'';
and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the Secretary shall ensure that the
entity carrying out the activity considers--
``(A) the use of locally adapted native plant
materials; and
``(B) designs that minimize runoff and heat
generation.''.
(b) Federal Share.--Section 201(b)(7)(B) of title 23, United States
Code, is amended by striking ``determined in accordance with section
120'', and inserting ``up to 100 percent''.
Subtitle F--Additional Provisions
SEC. 1601. VISION ZERO.
(a) In General.--A local government, metropolitan planning
organization, or regional transportation planning organization may
develop and implement a vision zero plan to significantly reduce or
eliminate transportation-related fatalities and serious injuries within
a specified timeframe, not to exceed 20 years.
(b) Use of Funds.--Amounts apportioned to a State under paragraph
(2) or (3) of section 104(b) of title 23, United States Code, may be
used--
(1) to carry out vision zero planning under this section or
a vulnerable road user safety assessment; and
(2) to implement an existing vision zero plan.
(c) Contents of Plan.--A vision zero plan under this section shall
include--
(1) a description of programs, strategies, or policies
intended to significantly reduce or eliminate transportation-
related fatalities and serious injuries within a specified
timeframe, not to exceed 20 years, that is consistent with a
State strategic highway safety plan and uses existing
transportation data and consideration of risk factors;
(2) plans for implementation of, education of the public
about, and enforcement of such programs, strategies, or
policies;
(3) a description of how such programs, strategies, or
policies, and the enforcement of such programs, strategies, or
policies will--
(A) equitably invest in the safety needs of low-
income and minority communities;
(B) ensure that such communities are not
disproportionately targeted by law enforcement; and
(C) protect the rights of members of such
communities with respect to title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.); and
(4) a description of a mechanism to evaluate progress of
the development and implementation of the plan, including the
gathering and use of transportation safety and demographic
data.
(d) Inclusions.--A vision zero plan may include a complete streets
prioritization plan that identifies a specific list of projects to--
(1) create a connected network of active transportation
facilities, including sidewalks, bikeways, or pedestrian and
bicycle trails, to connect communities and provide safe,
reliable, affordable, and convenient access to employment,
housing, and services, consistent with the goals described in
section 150(b) of title 23, United States Code;
(2) integrate active transportation facilities with public
transportation service or improve access to public
transportation; and
(3) improve transportation options for low-income and
minority communities.
(e) Coordination.--A vision zero plan under this section shall
provide for coordination of various subdivisions of a unit of local
government in the implementation of the plan, including subdivisions
responsible for law enforcement, public health, data collection, and
public works.
(f) Safety Performance Management.--A vision zero plan under this
section is not sufficient to demonstrate compliance with the safety
performance or planning requirements of section 148 or 150 of title 23,
United States Code.
(g) Guidance on Safe System Approach.--The Secretary of
Transportation shall develop guidance on the consideration of a safe
system approach in project planning, scoping, and design to facilitate
the implementation of vision zero plans under this section and
vulnerable road user assessments under section 148 of title 23, United
States Code.
(h) Definitions.--In this section, the terms ``safe system
approach'' and ``vulnerable road user safety assessment'' have the
meanings given such terms in section 148 of title 23, United States
Code.
SEC. 1602. SPEED LIMITS.
(a) Speed Limits.--The Secretary of Transportation shall revise the
Manual on Uniform Traffic Control Devices to provide for a safe system
approach to setting speed limits.
(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 results and recommendations of the National
Academies of Sciences, Engineering, and Medicine report
entitled ``Development of a Posted Speed Limit Setting
Procedure and Tool'', issued March 2021;
(8) the safety recommendations issued by the National
Transportation Safety Board on August 15, 2017, numbered H-17-
27 and H-17-28;
(9) the prevalence of vulnerable road users; and
(10) 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) Study on Speed Limit Methodologies.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall conduct a
study of current speed limit setting methodologies across the country
and develop best-practices for such methodologies, taking into
consideration context sensitive design principles (as such term is
defined in section 101 of title 23, United States Code).
(e) Definitions.--In this section, the terms ``safe system
approach'' and ``vulnerable road user'' have the meanings given such
terms in section 148(a) of title 23, United States Code.
SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) Appropriate state agency.--The term ``appropriate State
agency'' means a State governmental agency that is recognized
by the executive branch of the State as having the experience
necessary to evaluate and facilitate the installation and
operation of broadband infrastructure within the State.
(2) Broadband.--The term ``broadband'' has the meaning
given the term ``advanced telecommunications capability'' in
section 706 of the Telecommunications Act of 1996 (47 U.S.C.
1302).
(3) Broadband conduit.--The term ``broadband conduit''
means a conduit or innerduct for fiber optic cables (or
successor technology of greater quality and speed) that
supports the provision of broadband.
(4) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried or underground facility and
any wireless or wireline connection that enables the provision
of broadband.
(5) Broadband provider.--The term ``broadband provider''
means an entity that provides broadband to any person,
including, with respect to such entity--
(A) a corporation, company, association, firm,
partnership, nonprofit organization, or any other
private entity;
(B) a State or local broadband provider;
(C) an Indian Tribe; and
(D) a partnership between any of the entities
described in subparagraphs (A), (B), and (C).
(6) Covered highway construction project.--
(A) In general.--The term ``covered highway
construction project'' means, without regard to
ownership of a highway, a project funded under title
23, United States Code, and administered by a State
department of transportation to construct a new highway
or an additional lane for an existing highway, to
reconstruct an existing highway, or new construction,
including construction of a paved shoulder.
(B) Exclusions.--The term ``covered highway
construction project'' excludes any project--
(i) awarded before the date on which
regulations required under subsection (b) take
effect;
(ii) that does not include work beyond the
edge of pavement or current paved shoulder;
(iii) that is less than a mile in length;
or
(iv) that is--
(I) a project primarily for
resurfacing, restoration,
rehabilitation, or maintenance;
(II) a bicycle, pedestrian,
transportation alternatives, sidewalk,
recreational trails, or safe routes to
school project;
(III) an operational improvement
(as such term is defined in section 101
of title 23, United States Code);
(IV) a project primarily to install
signage; or
(V) a culvert project.
(7) Dig once requirement.--The term ``dig once
requirement'' means a requirement designed to reduce the cost
and accelerate the deployment of broadband by minimizing the
number and scale of repeated excavations for the installation
and maintenance of broadband conduit or broadband
infrastructure in rights-of-way.
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(9) NTIA administrator.--The term ``NTIA Administrator''
means the Assistant Secretary of Commerce for Communications
and Information.
(10) Project.--The term ``project'' has the meaning given
such term in section 101 of title 23, United States Code.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(12) State.--The term ``State'' has the meaning given such
term in section 401 of title 23, United States Code.
(13) State or local broadband provider.--The term ``State
or local broadband provider'' means a State or political
subdivision thereof, or any agency, authority, or
instrumentality of a State or political subdivision thereof,
that provides broadband to any person or facilitates the
provision of broadband to any person in such State.
(b) Dig Once Requirement.--Not later than 12 months after the date
of enactment of this Act, to facilitate the installation of broadband
infrastructure, the Secretary shall issue such regulations as may be
necessary to ensure that each State that receives funds under chapter 1
of title 23, United States Code, complies with the following
provisions:
(1) Broadband planning and notice.--The State department of
transportation, in consultation with appropriate State
agencies, shall--
(A) review existing State broadband plans,
including existing dig once requirements of the State,
municipal governments incorporated under State law, and
Indian tribes within the State, to determine
opportunities to coordinate covered highway
construction projects occurring within or across
highway rights-of-way with planned broadband
infrastructure projects;
(B) identify a broadband coordinator, who may have
additional responsibilities in the State department of
transportation or in another State agency, that is
responsible for facilitating the broadband
infrastructure right-of-way efforts within the State;
and
(C) establish a process--
(i) for the registration of broadband
providers that seek to be included in the
advance notification of, and opportunity to
participate in, broadband infrastructure right-
of-way facilitation efforts within the State;
and
(ii) to electronically notify all broadband
providers registered under clause (i)--
(I) of the State transportation
improvement program on at least an
annual basis; and
(II) of covered highway
construction projects within the
highway right-of-way for which Federal
funding is expected to be obligated in
the subsequent fiscal year.
(2) Coordination and compliance.--
(A) Mobile now act.--A State department of
transportation shall be considered to meet the
requirements of subparagraphs (B) and (C) of paragraph
(1) if such State department of transportation has been
determined to be in compliance with the requirements
established under section 607 of division P of the
Consolidated Appropriations Act, 2018 (47 U.S.C. 1504).
(B) Website.--A State department of transportation
shall be considered to meet the requirements of
paragraph (1)(C) if the State publishes on a public
website--
(i) the State transportation improvement
program on at least an annual basis; and
(ii) covered highway construction projects
within the highway right-of-way for which
Federal funding is expected to be obligated in
the subsequent fiscal year.
(C) Coordination.--The State department of
transportation, in consultation with appropriate State
agencies, shall by rule or regulation establish a
process for a broadband provider to commit to
installing broadband conduit or broadband
infrastructure as part of any covered highway
construction project.
(D) Appropriate state agency.--In lieu of the State
department of transportation, at the discretion of the
State, an appropriate State agency, in consultation
with the State department of transportation, may carry
out the requirements of paragraph (1).
(3) Required installation of broadband conduit.--
(A) In general.--The State department of
transportation shall install broadband conduit, in
accordance with this paragraph (except as described in
subparagraph (F)), as part of any covered highway
construction project, unless a broadband provider has
committed to install broadband conduit or broadband
infrastructure as part of such project in a process
described under paragraph (2)(C).
(B) Installation requirements.--In installing
broadband conduit or broadband infrastructure as part
of a covered highway construction project, the State
department of transportation shall ensure that--
(i) installation pursuant to this paragraph
of broadband conduit, broadband infrastructure,
and means or points of access to such conduit
or infrastructure (such as poles, hand holes,
manholes, pull tape, or ducts) shall provide
for the current and future safe operation of
the traveled way, is consistent with part 645
of title 23, Code of Federal Regulations, and
any accommodation policies of the State under
such part to reasonably enable deployment of
such conduit, infrastructure, and means or
points of access, and any Damage Prevention and
Underground Facilities Protection or related
requirements of the State;
(ii) an appropriate number of broadband
conduits, as determined in consultation with
the appropriate State agencies, are installed
along the right-of-way of a covered highway
construction project to accommodate multiple
broadband providers, with consideration given
to the availability of existing broadband
conduits;
(iii) the size of each broadband conduit is
consistent with industry best practices,
consistent with the requirements of part 645 of
title 23, Code of Federal Regulations, and
sufficient to accommodate anticipated demand,
as determined in consultation with the
appropriate State agencies;
(iv) any hand holes and manholes necessary
for fiber access and pulling with respect to
such conduit are placed at intervals consistent
with standards determined in consultation with
the appropriate State agencies (which may
differ by type of road, topologies, and
rurality) the requirements of part 645 of title
23, Code of Federal Regulations, and other
applicable safety requirements;
(v) each broadband conduit installed
pursuant to this paragraph includes a pull tape
and is capable of supporting fiber optic cable
placement techniques consistent with best
practices and the requirements of part 645 of
title 23, Code of Federal Regulations;
(vi) broadband conduit is placed at a depth
consistent with requirements of the covered
highway construction project and best practices
and that, in determining the depth of
placement, consideration is given to the
location of existing utilities and cable
separation requirements of State and local
electrical codes; and
(vii) installation of broadband conduit
shall not preclude the installation of other
specific socially, environmentally, or
economically beneficial uses of the right-of-
way, such as planned energy transmission or
renewable energy generation projects.
(C) Programmatic review.--The State department of
transportation may make determinations on the
implementation of the requirements described in
subparagraph (B) on a programmatic basis.
(D) Access.--
(i) In general.--The State department of
transportation shall ensure that any requesting
broadband provider has access to each broadband
conduit installed by the State pursuant to this
paragraph, on a competitively neutral and
nondiscriminatory basis and in accordance with
State permitting, licensing, leasing, or other
similar laws and regulations.
(ii) Socially beneficial use.--The
installation of broadband conduit as part of a
covered highway construction project shall be
considered a socially-beneficial use of the
right-of-way under section 156(b) of title 23,
United States Code.
(iii) In-kind compensation.--The State
department of transportation may negotiate in-
kind compensation with any broadband provider
requesting access to broadband conduit
installed under the provisions of this
paragraph.
(iv) Safety considerations.--The State
department of transportation shall provide for
a process for a broadband provider to safely
access to the highway right-of-way during
installation and on-going maintenance of the
broadband conduit and broadband infrastructure,
including a traffic control safety plan.
(v) Communication.--A broadband provider
with access to the conduit installed pursuant
to this subsection shall notify, and receive
permission from, the relevant agencies of State
responsible for the installation of such
broadband conduit prior to accessing any
highway or highway right-of-way, in accordance
with applicable Federal requirements.
(E) Treatment of projects.--Notwithstanding any
other provision of law, broadband conduit and broadband
infrastructure installation projects installed by a
State under this paragraph shall comply with section
113(a) of title 23, United States Code.
(F) Waiver authority.--
(i) In general.--A State department of
transportation may waive the required
installation of broadband conduit for part or
all of any covered highway construction project
under this paragraph if, in the determination
of the State department of transportation--
(I) broadband infrastructure,
terrestrial broadband infrastructure,
aerial broadband fiber cables, or
broadband conduit is present near a
majority of the length of the covered
highway construction project;
(II) installation of terrestrial or
aerial broadband fiber cables
associated with the covered highway
construction project is more
appropriate for the context or a more
cost-effective means to facilitate
broadband service to an area not
adequately served by broadband and such
installation is present or planned;
(III) the installation of broadband
conduit increases overall costs of a
covered highway construction project by
1.5 percent or greater;
(IV) the installation of broadband
conduit associated with the covered
highway construction project is not
reasonably expected to be utilized or
connected to future broadband
infrastructure in the 20 years
following the date on which such
determination is made, as determined by
the State department of transportation,
in consultation with appropriate State
agencies and potentially affected local
governments and Indian tribes;
(V) the requirements of this
paragraph would require installation of
conduit redundant with a dig once
requirement of a local government or
Indian tribe;
(VI) there exists a circumstance
involving force majeure; or
(VII) the installation of conduit
is not appropriate based on other
relevant factors established by the
Secretary in consultation with the NTIA
Administrator through regulation.
(ii) Contents of waiver.--A waiver
authorized under this subparagraph shall--
(I) identify the covered highway
construction project; and
(II) include a brief description of
the determination of the State for
issuing such waiver.
(iii) Availability of waiver.--Notification
of a waiver authorized under this subparagraph
shall be made publicly available, such as on a
public website of the State department of
transportation described in paragraph (2)(B).
(iv) Waiver determination.--
(I) In general.--The State
department of transportation shall be
responsible for the waiver
determination described under this
paragraph, consistent with the
regulation issued pursuant to this
subsection, and may grant a
programmatic waiver for categories of
projects excluded under this
subparagraph.
(II) No private cause of action.--
The waiver determination described
under this paragraph shall be final and
conclusive. Nothing in this section
shall provide a private right or cause
of action to challenge such
determination in any court of law.
(4) Priority.--If a State provides for the installation of
broadband infrastructure or broadband conduit in the right-of-
way of a covered highway construction project, the State
department of transportation, along with appropriate State
agencies, shall carry out appropriate measures to ensure that
an existing broadband provider is afforded access that is non-
discriminatory, competitively neutral, and equal in
opportunity, as compared to other broadband providers, with
respect to the program under this subsection.
(c) Guidance for the Installation of Broadband Conduit.--The
Secretary, in consultation with the NTIA Administrator, shall issue
guidance for best practices related to the installation of broadband
conduit as described in subsection (b)(2) and of conduit and similar
infrastructure for intelligent transportation systems (as such term is
defined in section 501 of title 23, United States Code) that may
utilize broadband conduit installed pursuant to subsection (b)(2).
(d) Consultation.--
(1) In general.--In issuing regulations required by this
subsection or to implement any part of this section, the
Secretary shall consult--
(A) the NTIA Administrator;
(B) the Federal Communications Commission;
(C) State departments of transportation;
(D) appropriate State agencies;
(E) agencies of local governments responsible for
transportation and rights-of-way, utilities, and
telecommunications and broadband;
(F) Indian tribes;
(G) broadband providers; and
(H) manufacturers of optical fiber, conduit, pull
tape, and related items.
(2) Broadband users.--The Secretary shall ensure that the
entities consulted under subparagraphs (C) through (F) of
paragraph (1) include entities that have expertise with rural
areas and populations with limited access to broadband
infrastructure.
(3) Broadband providers.--The Secretary shall ensure that
the entities consulted under subparagraph (G) of paragraph (1)
include entities that provide broadband to rural areas and
populations with limited access to broadband infrastructure.
(4) Consulting small municipalities.--The Secretary shall
ensure that the agencies of local governments consulted under
subparagraph (E) of paragraph (1) include rural areas,
specifically agencies of local governments with populations
less than 50,000.
(e) Oversight.--
(1) In general.--The Secretary shall periodically review
compliance with the regulations issued pursuant to this section
and ensure that State waiver determinations are consistent with
such regulations.
(2) Efficient review.--The review described under paragraph
(1) may be carried out through the risk-based stewardship and
oversight program described under section 106(g) of title 23,
United States Code.
(3) Effect of subsection.--Nothing in this subsection shall
affect or discharge any oversight responsibility of the
Secretary specifically provided for under title 23, United
States Code, or any other Federal law.
(f) Additional Provisions.--
(1) Applicability.--
(A) In general.--The portion of the regulation
issued pursuant to subsection (b) relating to the
provisions under paragraph (3) of such subsection shall
not take effect until a source of dedicated funding for
the installation and long term maintenance of broadband
conduit described in subsection (g)(2) is established.
(B) Applicability date.--Paragraphs (2) through (4)
of subsection (b) and subsection (d) shall apply only
to covered highway construction projects for which
Federal obligations or expenditures are initially
approved on or after the date on which regulations
required under this subsection take effect.
(2) Rules of construction.--
(A) State law.--Nothing in this subsection shall be
construed to require a State to install or allow the
installation of broadband conduit or broadband
infrastructure--
(i) that is otherwise inconsistent with
what is allowable under State law; or
(ii) where the State lacks the authority
for such installation, such as any property
right or easement necessary for such
installation.
(B) No requirement for installation of mobile
services equipment.--Nothing in this section shall be
construed to require a State, a municipal government
incorporated under State law, or an Indian Tribe to
install or allow for the installation of equipment
essential for the provision of commercial mobile
services (as defined in section 332(d) of the
Communications Act of 1934 (47 U.S.C. 332(d))) or
commercial mobile data service (as defined in section
6001 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401)), other than broadband
conduit and associated equipment described in paragraph
(3)(B).
(3) Relation to state dig once requirements.--Nothing in
subsections (b), (c), (d), or (e) or any regulations issued
pursuant to subsection (b) shall be construed to alter or
supersede any provision of a State law or regulation that
provides for a dig once requirement that includes similar or
more stringent requirements to the provisions of subsections
(b), (c), (d), or (e) and any regulations promulgated under
subsection (b).
(g) Dig Once Funding Task Force.--
(1) Establishment.--The Secretary and the NTIA
Administrator shall jointly establish an independent task force
on funding the nationwide dig once requirement described in
this section to be known as the ``Dig Once Funding Task Force''
(hereinafter referred to as the ``Task Force'').
(2) Duties.--The duties of the Task Force shall be to--
(A) estimate the annual cost for implementing,
administering, and maintaining a nationwide dig once
requirement;
(B) propose and evaluate options for funding a
nationwide dig once requirement described in this
section that includes--
(i) a discussion of the role and potential
share of costs of--
(I) the Federal Government;
(II) State and local governments
and Indian tribes; and
(III) broadband providers
installing broadband conduit or
broadband infrastructure under this
section;
(ii) consideration of the role of existing
dig once requirements on States, local
governments, and Indian tribes and the role of
private broadband investment, with a goal to
not discourage or disincentivize such dig once
requirements or such investment; and
(iii) evaluating the appropriate entity or
entities responsible for maintaining the
broadband infrastructure and conduit installed
pursuant to a dig once requirement; and
(C) propose a cost-based model fee schedule for a
State to charge a broadband provider to access and use
conduit installed by such State pursuant to this
section that--
(i) shall consider costs (including
administrative costs) associated with
installation and long-term maintenance of the
broadband conduit installed pursuant to this
section;
(ii) may vary by topography, location, type
of road, rurality, and other factors; and
(iii) may consider financial and market
incentives for expanding broadband
infrastructure.
(3) Reports.--
(A) Interim report and briefing.--Not later than 9
months after the appointment of Members to the Task
Force under paragraph (4)(D), the Task Force shall--
(i) submit to Congress an interim report on
the findings of the Task Force; and
(ii) provide briefings for Congress on the
findings of the Task Force.
(B) Final report.--Not later than 3 months after
the submission of the interim report under subparagraph
(A), the Task Force shall submit to Congress a final
report on the findings of the Task Force.
(4) Members.--
(A) Appointments.--The Task Force shall consist of
14 members, comprising--
(i) 2 co-chairs described in subparagraph
(B);
(ii) 6 members jointly appointed by the
Speaker and minority leader of the House of
Representatives, in consultation with the
respective Chairs and Ranking Members of--
(I) the Committee on Transportation
and Infrastructure of the House of
Representatives;
(II) the Committee on Energy and
Commerce of the House of
Representatives; and
(III) the Committee on
Appropriations of the House of
Representatives; and
(iii) 6 members jointly appointed by the
majority leader and minority leader of the
Senate, in consultation with the respective
Chairs and Ranking Members of the--
(I) the Committee on Environment
and Public Works of the Senate;
(II) the Committee on Commerce,
Science, and Transportation of the
Senate; and
(III) the Committee on
Appropriations of the Senate.
(B) Co-chairs.--The Task Force shall be co-chaired
by the Secretary and the NTIA Administrator, or the
designees of the Secretary and NTIA Administrator.
(C) Composition.--The Task Force shall include at
least--
(i) 1 representative from a State
department of transportation;
(ii) 1 representative from a local
government;
(iii) 1 representative from an Indian
tribe;
(iv) 1 representative from a broadband
provider;
(v) 1 representative from a State or local
broadband provider;
(vi) 1 representative from a labor union;
and
(vii) 1 representative from a public
interest organization.
(D) Appointment deadline.--Members shall be
appointed to the Task Force not later than 60 days
after the date of enactment of this Act.
(E) Terms.--Members shall be appointed for the life
of the Task Force. A vacancy in the Task Force shall
not affect the powers of the Task Force and the vacancy
shall be filled in the same manner as the initial
appointment was made.
(5) Consultations.--In carrying out the duties required
under this subsection, the Task Force shall consult, at a
minimum--
(A) the Federal Communications Commission;
(B) agencies of States including--
(i) State departments of transportation;
and
(ii) appropriate State agencies;
(C) agencies of local governments responsible for
transportation and rights-of-way, utilities, and
telecommunications and broadband;
(D) Indian tribes;
(E) broadband providers and other
telecommunications providers;
(F) labor unions; and
(G) State or local broadband providers and Indian
tribes that act as broadband providers.
(6) Additional provisions.--
(A) Expenses for non-federal members.--Non-Federal
members of the Task Force shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees under subchapter I of
chapter 57 of title 5, United States Code, while away
from the homes or regular places of business of such
members in the performance of services for the Task
Force.
(B) Staff.--Staff of the Task Force shall comprise
detailees with relevant expertise from the Department
of Transportation and the National Telecommunications
and Information Administration, or another Federal
agency that the co-chairpersons consider appropriate,
with the consent of the head of the Federal agency, and
such detailees shall retain the rights, status, and
privileges of the regular employment of such detailees
without interruption.
(C) Administrative assistance.--The Secretary and
NTIA Administrator shall provide to the Task Force on a
reimbursable basis administrative support and other
services for the performance of the functions of the
Task Force.
(7) Termination.--The Task Force shall terminate not later
than 90 days after submission of the final report required
under paragraph (3)(B).
SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation and the
Administrator shall seek to enter into an agreement with the
Transportation Research Board of the National Academy of
Sciences to under which the Transportation Research Board shall
conduct a study--
(A) to estimate pollutant loads from stormwater
runoff from highways and pedestrian facilities eligible
for assistance under title 23, United States Code, to
inform the development of appropriate total maximum
daily load requirements;
(B) to provide recommendations (including
recommended revisions to existing laws and regulations)
regarding the evaluation and selection by State
departments of transportation of potential stormwater
management and total maximum daily load compliance
strategies within a watershed, including environmental
restoration and pollution abatement carried out under
section 328 of title 23, United States Code;
(C) to examine the potential for the Secretary to
assist State departments of transportation in carrying
out and communicating stormwater management practices
for highways and pedestrian facilities that are
eligible for assistance under title 23, United States
Code, through information-sharing agreements, database
assistance, or an administrative platform to provide
the information described in subparagraphs (A) and (B)
to entities issued permits under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.); and
(D) to examine the benefit of concentrating
stormwater retrofits in impaired watersheds and
selecting such retrofits according to a process that
depends on a watershed management plan developed in
accordance with section 319 of the Federal Water
Pollution Control Act (33 U.S.C. 1329).
(2) Requirements.--In conducting the study under the
agreement entered into pursuant to paragraph (1), the
Transportation Research Board shall--
(A) review and supplement, as appropriate, the
methodologies examined and recommended in the 2019
report of the National Academies of Sciences,
Engineering, and Medicine titled ``Approaches for
Determining and Complying with TMDL Requirements
Related to Roadway Stormwater Runoff'';
(B) consult with--
(i) the Secretary of Transportation;
(ii) the Secretary of Agriculture;
(iii) the Administrator;
(iv) the Secretary of the Army, acting
through the Chief of Engineers; and
(v) State departments of Transportation;
and
(C) solicit input from--
(i) stakeholders with experience in
implementing stormwater management practices
for projects; and
(ii) educational and technical stormwater
management groups.
(3) Report.--In carrying out the agreement entered into
pursuant to paragraph (1), not later than 18 months after the
date of enactment of this Act, the Transportation Research
Board shall submit to the Secretary of Transportation, the
Administrator, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Environment and Public Works of the Senate a
report describing the results of the study.
(b) Stormwater Best Management Practices Reports.--
(1) Reissuance.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall update and
reissue the best management practices reports to reflect new
information and advancements in stormwater management.
(2) Updates.--Not less frequently than once every 5 years
after the date on which the Secretary reissues the best
management practices reports under paragraph (1), the Secretary
shall update and reissue the best management practices reports,
unless the contents of the best management practices reports
have been incorporated (including by reference) into applicable
regulations of the Secretary.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best management practices reports.--The term ``best
management practices reports'' means--
(A) the 2014 report sponsored by the Department of
Transportation titled ``Determining the State of the
Practice in Data Collection and Performance Measurement
of Stormwater Best Management Practices'' (FHWA-HEP-16-
021); and
(B) the 2000 report sponsored by the Department of
Transportation titled ``Stormwater Best Management
Practices in an Ultra-Urban Setting: Selection and
Monitoring''.
(3) Total maximum daily load.--The term ``total maximum
daily load'' has the meaning given such term in section 130.2
of title 40, Code of Federal Regulations (or successor
regulations).
SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Architectural and Transportation Barriers
Compliance Board under the authority of section 502(b)(3) of the
Rehabilitation Act of 1973 (29 U.S.C. 792(b)(3)), shall publish final
accessibility guidelines setting forth minimum standards for pedestrian
facilities in the public right-of-way, including shared use paths.
(b) Adoption of Regulations.--Not later than 180 days after the
establishment of the guidelines pursuant to subsection (a), the
Secretary and Attorney General shall issue such regulations as are
necessary to adopt such guidelines.
SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT.
(a) Highway Formula Modernization Study.--
(1) In general.--The Secretary of Transportation, in
consultation with the State departments of transportation and
representatives of local governments (including metropolitan
planning organizations), shall conduct a highway formula
modernization study to assess the method and data used to
apportion Federal-aid highway funds under subsections (b) and
(c) of section 104 of title 23, United States Code, and issue
recommendations on such method and data.
(2) Assessment.--The highway formula modernization study
required under paragraph (1) shall include an assessment of,
based on the latest available data, whether the apportionment
method under such section results in--
(A) an equitable distribution of funds based on the
estimated tax payments attributable to--
(i) highway users in the State that are
paid into the Highway Trust Fund; and
(ii) individuals in the State that are paid
to the Treasury, based on contributions to the
Highway Trust Fund from the general fund of the
Treasury; and
(B) the achievement of the goals described in
section 101(b)(3) of title 23, United States Code.
(3) Considerations.--In carrying out the assessment under
paragraph (2), the Secretary shall consider the following:
(A) The factors described in sections 104(b),
104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23,
United States Code, as in effect on the date of
enactment of SAFETEA-LU (Public Law 109-59).
(B) The availability and accuracy of data necessary
to calculate formula apportionments under the factors
described in subparagraph (A).
(C) The measures established under section 150 of
title 23, United States Code, and whether such measures
are appropriate for consideration as formula
apportionment factors.
(D) The results of the CMAQ formula modernization
study required under subsection (b).
(E) Inclusion of the Commonwealth of Puerto Rico in
the apportionment under subsections (b) and (c) of
section 104 of such title, including an estimate of the
anticipated contributions to the Highway Trust Fund
from the citizens of Puerto Rico if Puerto Rico was
subject to applicable highway user fees.
(F) A needs-based assessment of the share of
Federal-aid highway funds that should be made available
to the territories described under section 165(c) of
such title and a review of the current administrative
distribution of such funds among the territories.
(G) Any other factors that the Secretary determines
are appropriate.
(4) Recommendations.--The Secretary shall, in consultation
with the State departments of transportation and
representatives of local governments (including metropolitan
planning organizations), develop recommendations on a new
apportionment method, including--
(A) the factors recommended to be included in such
apportionment method;
(B) the weighting recommended to be applied to the
factors under subparagraph (A); and
(C) any other recommendations to ensure that the
apportionment method best achieves an equitable
distribution of funds described under paragraph (2)(A)
and the goals described in paragraph (2)(B).
(5) Territorial allocations.--The Secretary shall, in
consultation with the territories described under section
165(c) of title 23, United States Code, develop recommendations
on the total annual allocation to such territories and a data
driven, equitable allocation of funding among such territories.
(b) CMAQ Formula Modernization Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Administrator of the Environmental
Protection Agency, shall conduct an CMAQ formula modernization
study to assess whether the apportionment method under section
104(b)(4) of title 23, United States Code, results in a
distribution of funds that best achieves the air quality goals
of section 149 of such title.
(2) Considerations.--In providing consultation under this
subsection, the Administrator of the Environmental Protection
Agency shall provide to the Secretary an analysis of--
(A) factors that contribute to the apportionment,
including population, types of pollutants, and severity
of pollutants, as such factors were determined on the
date prior to the date of enactment of MAP-21;
(B) the weighting of the factors listed under
subparagraph (A); and
(C) the recency of the data used in making the
apportionment under section 104(b)(4) of title 23,
United States Code.
(3) Recommendations.--If, in conducting the study under
this subsection, the Secretary finds that modifying the
apportionment method under section 104(b)(4) of title 23,
United States Code, would best achieve the air quality goals of
section 149 of title 23, United States Code, the Secretary
shall, in consultation with the Administrator, include in such
study recommendations for a new apportionment method,
including--
(A) the factors recommended to be included in such
apportionment method;
(B) the weighting recommended to be applied to the
factors under subparagraph (A); and
(C) any other recommendations to ensure that the
apportionment method best achieves the air quality
goals section 149 of such title.
(c) Report.--No later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report containing the
results of the highway formula modernization study and the CMAQ formula
modernization study.
SEC. 1607. CONSOLIDATION OF PROGRAMS.
Section 1519 of MAP-21 (Public Law 112-141) is amended--
(1) in subsection (a)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2023 through 2026''; and
(B) by striking ``$3,500,000'' and inserting
``$4,000,000'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Federal Share.--The Federal share of the cost of a project or
activity carried out under subsection (a) shall be 100 percent.''.
SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report that describes the efforts of the Department of Transportation
to encourage elementary, secondary, and post-secondary students to
pursue careers in the surface transportation sector.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a description of efforts to increase awareness of
careers related to surface transportation among elementary,
secondary, and post-secondary students;
(2) a description of efforts to prepare and inspire such
students for surface transportation careers;
(3) a description of efforts to support the development of
a diverse, well-qualified workforce for future surface
transportation needs; and
(4) the effectiveness of the efforts described in
paragraphs (1) through (3).
SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE
TRANSPORTATION WORKFORCE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall establish a task
force on developing a 21st century surface transportation workforce (in
this section referred to as the ``Task Force'').
(b) Duties.--Not later than 12 months after the establishment of
the Task Force under subsection (a), the Task Force shall develop and
submit to the Secretary recommendations and strategies for the
Department of Transportation to--
(1) evaluate the current and future state of the surface
transportation workforce, including projected job needs in the
surface transportation sector;
(2) identify factors influencing individuals pursuing
careers in surface transportation, including barriers to
attracting individuals into the workforce;
(3) address barriers to retaining individuals in surface
transportation careers;
(4) identify and address potential impacts of emerging
technologies on the surface transportation workforce;
(5) increase access for vulnerable or underrepresented
populations, especially women and minorities, to high-skill,
in-demand surface transportation careers;
(6) facilitate and encourage elementary, secondary, and
post-secondary students in the United States to pursue careers
in the surface transportation sector; and
(7) identify and develop pathways for students and
individuals to secure pre-apprenticeships, registered
apprenticeships, and other work-based learning opportunities in
the surface transportation sector of the United States.
(c) Considerations.--In developing recommendations and strategies
under subsection (b), the Task Force shall--
(1) identify factors that influence whether young people
pursue careers in surface transportation, especially
traditionally underrepresented populations, including women and
minorities;
(2) consider how the Department, businesses, industry,
labor, educators, and other stakeholders can coordinate efforts
to support qualified individuals in pursuing careers in the
surface transportation sector;
(3) identify methods of enhancing surface transportation
pre-apprenticeships and registered apprenticeships, job skills
training, mentorship, education, and outreach programs that are
exclusive to youth in the United States; and
(4) identify potential sources of funding, including grants
and scholarships, that may be used to support youth and other
qualified individuals in pursuing careers in the surface
transportation sector.
(d) Consultation.--In developing the recommendations and strategies
required under subsection (b), the Task Force may consult with--
(1) local educational agencies and institutes of higher
education, including community colleges and vocational schools;
and
(2) State workforce development boards.
(e) Report.--Not later than 60 days after the submission of the
recommendations and strategies under subsection (b), the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a report containing such recommendations and
strategies.
(f) Composition of Task Force.--The Secretary shall appoint members
to the Task Force whose diverse background and expertise allow such
members to contribute balanced points of view and ideas in carrying out
this section, comprised of equal representation from each of the
following:
(1) Industries in the surface transportation sector.
(2) Surface transportation sector labor organizations.
(3) Such other surface transportation stakeholders and
experts as the Secretary considers appropriate.
(g) Period of Appointment.--Members shall be appointed to the Task
Force for the duration of the existence of the Task Force.
(h) Compensation.--Task Force members shall serve without
compensation.
(i) Sunset.--The Task Force shall terminate upon the submission of
the report required under subsection (e).
(j) Definitions.--In this section:
(1) Pre-apprenticeship.--The term ``pre-apprenticeship''
means a training model or program that prepares individuals for
acceptance into a registered apprenticeship and has a
demonstrated partnership with one or more registered
apprenticeships.
(2) Registered apprenticeship.--The term ``registered
apprenticeship'' means an apprenticeship program registered
under the Act of August 16, 1937 (29 U.S.C. 50 et seq.;
commonly known as the ``National Apprenticeship Act''), that
satisfies the requirements of parts 29 and 30 of title 29, Code
of Federal Regulations (as in effect on January 1, 2020).
SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES.
Section 140(b) of title 23, United States Code, is amended to read
as follows:
``(b) Workforce Training and Development.--
``(1) In general.--The Secretary, in cooperation with the
Secretary of Labor and any other department or agency of the
Government, State agency, authority, association, institution,
Indian Tribe or Tribal organization, corporation (profit or
nonprofit), or any other organization or person, is authorized
to develop, conduct, and administer surface transportation and
technology training, including skill improvement programs, and
to develop and fund summer transportation institutes.
``(2) State responsibilities.--A State department of
transportation participating in the program under this
subsection shall--
``(A) develop an annual workforce plan that
identifies immediate and anticipated workforce gaps and
underrepresentation of women and minorities and a
detailed plan to fill such gaps and address such
underrepresentation;
``(B) establish an annual workforce development
compact with the State workforce development board and
appropriate agencies to provide a coordinated approach
to workforce training, job placement, and
identification of training and skill development
program needs, which shall be coordinated to the extent
practical with an institution or agency, such as a
State workforce development board under section 101 of
the Workforce Innovation and Opportunities Act (29
U.S.C. 3111), that has established skills training,
recruitment, and placement resources; and
``(C) demonstrate program outcomes, including--
``(i) impact on areas with transportation
workforce shortages;
``(ii) diversity of training participants;
``(iii) number and percentage of
participants obtaining certifications or
credentials required for specific types of
employment;
``(iv) employment outcome, including job
placement and job retention rates and earnings,
using performance metrics established in
consultation with the Secretary of Labor and
consistent with metrics used by programs under
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.); and
``(v) to the extent practical, evidence
that the program did not preclude workers that
participate in training or registered
apprenticeship activities under the program
from being referred to, or hired on, projects
funded under this chapter.
``(3) Funding.--From administrative funds made available
under section 104(a), the Secretary shall deduct such sums as
necessary, not to exceed $10,000,000 in each fiscal year, for
the administration of this subsection. Such sums shall remain
available until expended.
``(4) Nonapplicability of title 41.--Subsections (b)
through (d) of section 6101 of title 41 shall not apply to
contracts and agreements made under the authority granted to
the Secretary under this subsection.
``(5) Use of surface transportation program and national
highway performance program funds.--Notwithstanding any other
provision of law, not to exceed \1/2\ of 1 percent of funds
apportioned to a State under paragraph (1) or (2) of section
104(b) may be available to carry out this subsection upon
request of the State transportation department to the
Secretary.''.
SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING FLEXIBILITY.
(a) In General.--Any funds made available to a State for the
Appalachian development highway system program under subtitle IV of
title 40, United States Code, before the date of enactment of this Act
may be used, at the request of such State to the Secretary of
Transportation, for the purposes described in section 133(b) of title
23, United States Code.
(b) Limitation.--The authority in subsection (a) may only be used
by an Appalachian development highway system State if all of the
Appalachian development highway system corridors authorized by subtitle
IV of title 40, United States Code, in such State, have been fully
completed and are open to traffic prior to the State making a request
to the Secretary as described in subsection (a).
SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT PROGRAM.
Section 504 of title 23, United States Code, is amended--
(1) in subsection (e)(1) by inserting ``and (8) through
(9)'' after ``paragraphs (1) through (4)''; and
(2) in subsection (f) by adding at the end the following:
``(4) Reports.--The Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual report that includes--
``(A) a list of all grant recipients under this
subsection;
``(B) an explanation of why each recipient was
chosen in accordance with the criteria under paragraph
(2);
``(C) a summary of each recipient's objective to
carry out the purpose described in paragraph (1) and an
analysis of progress made toward achieving each such
objective;
``(D) an accounting for the use of Federal funds
obligated or expended in carrying out this subsection;
and
``(E) an analysis of outcomes of the program under
this subsection.''.
SEC. 1613. WORKING GROUP ON CONSTRUCTION RESOURCES.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a working group (in this section referred to as the ``Working Group'')
to conduct a study on access to covered resources for infrastructure
projects.
(b) Membership.--
(1) Appointment.--The Secretary shall appoint to the
Working Group individuals with knowledge and expertise in the
production and transportation of covered resources.
(2) Representation.--The Working Group shall include at
least one representative of each of the following:
(A) State departments of transportation.
(B) State agencies associated with covered
resources protection.
(C) State planning and geologic survey and mapping
agencies.
(D) Commercial motor vehicle operators, including
small business operators and operators who transport
covered resources.
(E) Covered resources producers.
(F) Construction contractors.
(G) Labor organizations.
(H) Metropolitan planning organizations and
regional planning organizations.
(I) Indian Tribes.
(J) Professional surveying, mapping, and geospatial
organizations.
(K) Any other stakeholders that the Secretary
determines appropriate.
(3) Termination.--The Working Group shall terminate 6
months after the date on which the Secretary receives the
report under subsection (e)(1).
(c) Duties.--In carrying out the study required under subsection
(a), the Working Group shall analyze--
(1) the use of covered resources in transportation projects
funded with Federal dollars;
(2) how the proximity of covered resources to such projects
affects the cost and environmental impact of such projects;
(3) whether and how State, Tribal, and local transportation
and planning agencies consider covered resources when
developing transportation projects; and
(4) any challenges for transportation project sponsors
regarding access and proximity to covered resources.
(d) Consultation.--In carrying out the study required under
subsection (a), the Working Group shall consult with, as appropriate--
(1) chief executive officers of States;
(2) State and local transportation planning agencies;
(3) Indian Tribes;
(4) other relevant State, Tribal, and local agencies,
including State agencies associated with covered resources
protection;
(5) members of the public with industry experience with
respect to covered resources;
(6) other Federal entities that provide funding for
transportation projects; and
(7) any other stakeholder the Working Group determines
appropriate.
(e) Reports.--
(1) Working group report.--Not later than 2 years after the
date on which the Working Group is established, the Working
Group shall submit to the Secretary a report that includes--
(A) the findings of the study required under
subsection (a), including a summary of comments
received during the consultation process under
subsection (d); and
(B) any recommendations to preserve access to and
reduce the costs and environmental impacts of covered
resources for infrastructure projects.
(2) Departmental report.--Not later than 3 months after the
date on which the Secretary receives the report under paragraph
(1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a summary of the findings under such report
and any recommendations, as appropriate.
(f) Definitions.--In this section:
(1) Covered resources.--The term ``covered resources''
means common variety materials used in transportation
infrastructure construction and maintenance, including stone,
sand, and gravel.
(2) Indian tribes.--The term ``Indian Tribes'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or
possession of the United States.
SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTERCHANGES.
(a) In General.--Notwithstanding section 315 of title 23, United
States Code, and section 1.36 of title 23, Code of Federal Regulations,
the Secretary of Transportation may not impose a penalty on a State
that does not comply with section 2E.31 of the Manual on Uniform
Traffic Control Devices (or a successor section) with respect to the
numbering of highway interchanges.
(b) Applicability.--Subsection (a) shall only apply to a method of
numbering of a highway interchange in effect on the date of enactment
of this Act.
SEC. 1615. TOLL CREDITS.
(a) Purposes.--The Secretary of Transportation shall--
(1) identify the extent of the demand to purchase toll
credits;
(2) identify the expected cash price of toll credits;
(3) analyze the impact of the exchange of toll credits on
transportation expenditures; and
(4) identify any other repercussions of establishing a toll
credit exchange.
(b) Solicitation.--To carry out the requirements of this section,
the Secretary shall solicit information from States eligible to use a
credit under section 120(i) of title 23, United States Code,
including--
(1) the amount of unused toll credits, including--
(A) toll revenue generated and the sources of that
revenue;
(B) toll revenue used by public, quasi-public, and
private agencies to build, improve, or maintain
highways, bridges, or tunnels that serve the public
purpose of interstate commerce; and
(C) an accounting of any Federal funds used by the
public, quasi-public, or private agency to build,
improve, or maintain the toll facility, to validate
that the credit has been reduced by a percentage equal
to the percentage of the total cost of building,
improving, or maintaining the facility that was derived
from Federal funds;
(2) the documentation of maintenance of effort for toll
credits earned by the State; and
(3) the accuracy of the accounting system of the State to
earn and track toll credits.
(c) Website.--The Secretary shall make available a publicly
accessible website on which a State eligible to use a credit under
section 120(i) of title 23, United States Code shall publish the
information described under subsection (b)(1).
(d) Evaluation and Recommendations to Congress.--Not later than 2
years after the date of enactment of this Act, the Secretary shall
provide to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available on the website of the
Department of Transportation--
(1) an evaluation of the accuracy of the accounting and
documentation of toll credits earned under section 120(i);
(2) a determination whether a toll credit marketplace is
viable and cost effective;
(3) estimates, to the extent possible, of the average sale
price of toll credits; and
(4) recommendations on any modifications necessary,
including legislative changes, to establish and implement a
toll credit exchange program.
(e) Definition.--In this section, the term ``State'' has the
meaning given the term in section 101(a) of title 23, United States
Code.
SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS PROCUREMENT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall initiate a
review of the procurement processes used by State departments of
transportation to select construction materials on projects utilizing
Federal-aid highway funds.
(b) Contents.--The review under subsection (a) shall include--
(1) a review of competitive practices in the bidding
process for transportation construction materials;
(2) a list of States that currently issue bids that include
flexibility in the type of construction materials used to meet
the project specifications;
(3) any information provided by States on considerations
that influence the decision to include competition by type of
material in transportation construction projects;
(4) any data on whether issuing bids that include
flexibility in the type of construction materials used to meet
the project specifications will affect project costs over the
lifecycle of an asset;
(5) any data on the degree to which competition leads to
greater use of sustainable, innovative, or resilient materials;
and
(6) an evaluation of any barriers to more widespread use of
competitive bidding processes for transportation construction
materials.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate, and make
publicly available, a report on the review initiated by the Secretary
pursuant to this section.
SEC. 1617. NATIONWIDE ROAD SAFETY ASSESSMENT.
(a) In General.--The Secretary of Transportation shall, every 2
years, conduct nationwide, on-the-ground road safety assessments
focused on pedestrian and bicycle safety in each State.
(b) Requirements.--The assessments required under subsection (a)
shall be conducted--
(1) by Department of Transportation field offices from the
Federal Highway Administration, the National Highway
Transportation Safety Administration, the Federal Transit
Administration, and the Federal Motor Carrier Safety
Administration; and
(2) in consultation with--
(A) State and local agencies with jurisdiction over
pedestrian and bicycle safety;
(B) pedestrian safety and bicycle safety advocacy
organizations; and
(C) other relevant pedestrian and bicycle safety
stakeholders.
(c) Purposes.--The purpose of the assessments under this section is
to--
(1) identify and examine specific locations with documented
or perceived problems with pedestrian and bicycle safety and
access;
(2) examine barriers to providing safe pedestrian and
bicycle access to transportation infrastructure; and
(3) develop and issue recommendations designed to
effectively address specific safety and access issues and
enhance pedestrian and bicycle safety in high risk areas.
(d) Report on State Assessments.--Upon completion of the assessment
of a State, the Secretary shall issue, and make available to the
public, a report containing the assessment that includes--
(1) a list of locations that have been assessed as
presenting a danger to pedestrians or bicyclists; and
(2) recommendations to enhance pedestrian and bicycle
safety in those locations.
(e) Report on Nationwide Program.--Upon completion of the biannual
assessment nationwide required under this section, the Secretary shall
issue, and make available to the public, that covers assessments for
all jurisdictions and also present it to the congressional
transportation committees.
(f) National Pedestrian and Bicycle Safety Database.--The
Secretary, in order to enhance pedestrian and bicycle safety and
improve information sharing on pedestrian and bicycle safety challenges
between the Federal Government and State and local governments, shall
maintain a national pedestrian and bicycle safety database that
includes--
(1) a list of high-risk intersections, roads, and highways
with a documented history of pedestrian or bicycle accidents or
fatalities and details regarding those incidents; and
(2) information on corrective measures that have been
implemented at the State, local, or Federal level to enhance
pedestrian and bicyclist safety at those high risk areas,
including details on the nature and date of corrective action.
(g) State Defined.--In this section, the term ``State'' means each
of the States, the District of Columbia, and Puerto Rico.
SEC. 1618. CLIMATE RESILIENT TRANSPORTATION INFRASTRUCTURE STUDY.
(a) Climate Resilient Transportation Infrastructure Study.--Not
later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall seek to enter into an agreement with
the Transportation Research Board of the National Academies to conduct
a study of the actions needed to ensure that Federal agencies are
taking into account current and future climate conditions in planning,
designing, building, operating, maintaining, investing in, and
upgrading any federally funded transportation infrastructure
investments.
(b) Methodologies.--In conducting the study, the Transportation
Research Board shall build on the methodologies examined and
recommended in--
(1) the 2018 report issued the American Society of Civil
Engineers, titled ``Climate-Resilient Infrastructure: Adaptive
Design and Risk Management''; and
(2) the report issued by the California Climate-Safe
Infrastructure Working Group, titled ``Paying it Forward: The
Path Toward Climate-Safe Infrastructure in California''.
(c) Contents of Study.--The study shall include specific
recommendations regarding the following:
(1) Integrating scientific knowledge of projected climate
change impacts, and other relevant data and information, into
Federal infrastructure planning, design, engineering,
construction, operation and maintenance.
(2) Addressing critical information gaps and challenges.
(3) Financing options to help fund climate-resilient
infrastructure.
(4) A platform or process to facilitate communication
between climate scientists and other experts with
infrastructure planners, engineers and other relevant experts.
(5) A stakeholder process to engage with representatives of
State, local, tribal and community groups.
(6) A platform for tracking Federal funding of climate-
resilient infrastructure.
(7) Labor and workforce needs to implement climate-
resilient transportation infrastructure projects including new
and emerging skills, training programs, competencies and
recognized postsecondary credentials that may be required to
adequately equip the workforce.
(8) Outlining how Federal infrastructure planning, design,
engineering, construction, operation, and maintenance impact
the environment and public health of disproportionately exposed
communities. For purposes of this paragraph, the term
``disproportionately exposed communities'' means a community in
which climate change, pollution, or environmental destruction
have exacerbated systemic racial, regional, social,
environmental, and economic injustices by disproportionately
affecting indigenous peoples, communities of color, migrant
communities, deindustrialized communities, depopulated rural
communities, the poor, low-income workers, women, the elderly,
residents of public housing (as such term is defined in section
3(b) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)) and of other housing assisted under other Federal
affordable housing programs as so designated by the Secretary
of Housing and Urban Development, people experiencing
homelessness, people with disabilities, people who are
incarcerated, or youth.
(d) Considerations.--In carrying out the study, the Transportation
Research Board shall determine the need for information related to
climate resilient transportation infrastructure by considering--
(1) the current informational and institutional barriers to
integrating projected infrastructure risks posed by climate
change into federal infrastructure planning, design,
engineering, construction, operation and maintenance;
(2) the critical information needed by engineers, planners
and those charged with infrastructure upgrades and maintenance
to better incorporate climate change risks and impacts over the
lifetime of projects;
(3) how to select an appropriate, adaptive engineering
design for a range of future climate scenarios as related to
infrastructure planning and investment;
(4) how to incentivize and incorporate systems thinking
into engineering design to maximize the benefits of multiple
natural functions and emissions reduction, as well as regional
planning;
(5) how to take account of the risks of cascading
infrastructure failures and develop more holistic approaches to
evaluating and mitigating climate risks;
(6) how to ensure that investments in infrastructure
resilience benefit all communities, including communities of
color, low-income communities, residents of public housing (as
such term is defined in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)) and of other housing
assisted under other Federal affordable housing programs as so
designated by the Secretary of Housing and Urban Development,
and Indian Tribes that face a disproportionate risk from
climate change and in many cases have experienced long-standing
unmet needs and underinvestment in critical infrastructure;
(7) how to incorporate capital assessment and planning
training and techniques, including a range of financing options
to help local and State governments plan for and provide
matching funds;
(8) how federal agencies can track and monitor federally
funded resilient infrastructure in a coordinated fashion to
help build the understanding of the cost-benefit of resilient
infrastructure and to build the capacity for implementing
resilient infrastructure; and
(9) the occupations, skillsets, training programs,
competencies and recognized postsecondary credentials that will
be needed to implement such climate-resilient transportation
infrastructure projects, and how to ensure that any new jobs
created by such projects ensure that priority hiring
considerations are given to individuals facing barriers to
employment, including individuals registered with a one-stop
center, as defined under section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102), communities of color,
low-income communities, residents of public housing (as such
term is defined in section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)) and of other housing assisted
under other Federal affordable housing programs as so
designated by the Secretary of Housing and Urban Development,
and Indian Tribes that face a disproportionate risk from
climate change and have been excluded from job opportunities.
(e) Consultation.--In carrying out the study, the Transportation
Research Board--
(1) shall convene and consult with a panel of national
experts, including operators and users of Federal
transportation infrastructure and private sector stakeholders;
and
(2) is encouraged to consult with--
(A) representatives from the thirteen federal
agencies that comprise the United States Global Change
Research Program;
(B) representatives from the Department of the
Treasury;
(C) professional engineers with relevant expertise
in infrastructure design;
(D) scientists from the National Academies with
relevant expertise;
(E) scientists, social scientists and experts from
academic and research institutions who have expertise
in climate change projections and impacts; engineering;
architecture; or other relevant areas of expertise;
(F) licensed architects with relevant experience in
infrastructure design;
(G) certified planners;
(H) representatives of State and local governments
and Indian Tribes;
(I) representatives of environmental justice
groups; and
(J) representatives of labor unions that represent
key trades and industries involved in infrastructure
projects.
(f) Report.--Not later than 3 years after the date of enactment of
this Act, the Transportation Research Board shall submit to the
Secretary, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Environment and Public
Works of the Senate a report on the results of the study conducted
under this section.
SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO EMISSION VEHICLES.
Subsection (s) of section 127 of title 23, United States Code is
amended to read as follows:
``(s) Natural Gas, Electric Battery, and Zero Emission Vehicles.--A
vehicle, if operated by an engine fueled primarily by natural gas,
powered primarily by means of electric battery power, or fueled
primarily by means of other zero emission fuel technologies, may exceed
the weight limit on the power unit by up to 2,000 pounds (up to a
maximum gross vehicle weight of 82,000 pounds) under this section.''.
SEC. 1620. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, and consistent with
guidance issued by the Federal Emergency Management Agency
pursuant to section 1209 of the Disaster Recovery Reform Act of
2018 (Public Law 115-254), shall revise existing guidance or
issue new guidance as appropriate for State and local
governments and Indian Tribes regarding the design,
construction, maintenance, retrofit, and repair of evacuation
routes.
(2) Considerations.--In revising or issuing guidance under
subsection (a)(1), the Administrator of the Federal Highway
Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand the effects of hydrostatic
and hydrodynamic forces on viability, including
recommendations regarding appropriate drainage
structures or other flood prevention mechanisms
to manage stormwater, runoff, and the effect of
storm surge;
(ii) withstand the risks that flammability
poses to viability;
(iii) improve durability, strength
(including the ability to withstand tensile
stresses and compressive stresses), and
sustainability; and
(iv) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively
manage contraflow operations;
(C) for evacuation routes on public lands, the
viewpoints of the applicable Federal land management
agency regarding emergency operations, sustainability,
and resource protection; and
(D) such other items the Administrator of the
Federal Highway Administration considers appropriate.
(3) Report.--In the case in which the Administrator of the
Federal Highway Administration, in consultation with the
Administrator of the Federal Emergency Management Agency,
concludes existing guidance addresses the considerations in
paragraph (2), The Administrator of the Federal Highway
Administration shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
detailed report describing how existing guidance addresses such
considerations.
(b) Study.--
(1) In general.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, shall study the
vulnerability of evacuation routes that are part of the
national highway system to the risks of extreme weather,
including flooding and storm surge.
(2) Contents.--In conducting the study under paragraph (1),
the Administrator shall examine--
(A) the likelihood of Federal evacuation routes
flooding during a 100-year, 500-year, and 1000-year
weather event;
(B) whether Federal evacuation routes that have
historically flooded have recovered quickly from
extreme weather events;
(C) the availability of alternative evacuation
routes to accommodate the flow of evacuees in the event
of an evacuation route becoming impassable due to
flooding; and
(D) the impact of impassable evacuation routes on
vulnerable individuals, with consideration of the
return of evacuees after an extreme weather event,
including--
(i) individuals with a physical or mental
disability;
(ii) individuals in schools, daycare
centers, mobile home parks, prisons, nursing
homes, and other long-term care facilities and
detention centers;
(iii) individuals with limited proficiency
in English;
(iv) the elderly; and
(v) individuals who are tourists, seasonal
workers, or homeless.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report summarizing the study and
the results of such study, including identifying which segments
of Federal evacuation routes are most vulnerable to becoming
impassable due to flooding.
SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) Identification.--
(1) Central texas corridor.--Section 1105(c)(84) of the
Intermodal Surface Transportation Efficiency Act of 1991 is
amended to read as follows:
``(84) The Central Texas Corridor, including the route--
``(A) commencing in the vicinity of Texas Highway
338 in Odessa, Texas, running eastward generally
following Interstate Route 20, connecting to Texas
Highway 158 in the vicinity of Midland, Texas, then
following Texas Highway 158 eastward to United States
Route 87 and then following United States Route 87
southeastward, passing in the vicinity of San Angelo,
Texas, and connecting to United States Route 190 in the
vicinity of Brady, Texas;
``(B) commencing at the intersection of Interstate
Route 10 and United States Route 190 in Pecos County,
Texas, and following United States Route 190 to Brady,
Texas;
``(C) following portions of United States Route 190
eastward, passing in the vicinity of Fort Hood,
Killeen, Belton, Temple, Bryan, College Station,
Huntsville, Livingston, Woodville, and Jasper, to the
logical terminus of Texas Highway 63 at the Sabine
River Bridge at Burrs Crossing and including a loop
generally encircling Bryan/College Station, Texas;
``(D) following United States Route 83 southward
from the vicinity of Eden, Texas, to a logical
connection to Interstate Route 10 at Junction, Texas;
``(E) following United States Route 69 from
Interstate Route 10 in Beaumont, Texas, north to United
States Route 190 in the vicinity of Woodville, Texas;
``(F) following United States Route 96 from
Interstate Route 10 in Beaumont, Texas, north to United
States Route 190 in the vicinity of Jasper, Texas; and
``(G) following United States Route 190, State
Highway 305, and United States Route 385 from
Interstate Route 10 in Pecos County, Texas to
Interstate 20 at Odessa, Texas.''.
(2) Central louisiana corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 is
amended by adding at the end the following:
``(92) The Central Louisiana Corridor commencing at the
logical terminus of Louisiana Highway 8 at the Sabine River
Bridge at Burrs Crossing and generally following portions of
Louisiana Highway 8 to Leesville, Louisiana, and then eastward
on Louisiana Highway 28, passing in the vicinity of Alexandria,
Pineville, Walters, and Archie, to the logical terminus of
United States Route 84 at the Mississippi River Bridge at
Vidalia, Louisiana.''.
(3) Central mississippi corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(93) The Central Mississippi Corridor, including the
route--
``(A) commencing at the logical terminus of United
States Route 84 at the Mississippi River and then
generally following portions of United States Route 84
passing in the vicinity of Natchez, Brookhaven,
Monticello, Prentiss, and Collins, to Interstate 59 in
the vicinity of Laurel, Mississippi, and continuing on
Interstate Route 59 north to Interstate Route 20 and on
Interstate Route 20 to the Mississippi-Alabama State
Border; and
``(B) commencing in the vicinity of Laurel,
Mississippi, running south on Interstate Route 59 to
United States Route 98 in the vicinity of Hattiesburg,
connecting to United States Route 49 south then
following United States Route 49 south to Interstate
Route 10 in the vicinity of Gulfport and following
Mississippi Route 601 southerly terminating near the
Mississippi State Port at Gulfport.''.
(4) Middle alabama corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(94) The Middle Alabama Corridor including the route--
``(A) beginning at the Alabama-Mississippi Border
generally following portions of I-20 until following a
new interstate extension paralleling United States
Highway 80 specifically:
``(B) crossing Alabama Route 28 near Coatopa,
Alabama, traveling eastward crossing United States
Highway 43 and Alabama Route 69 near Selma, Alabama,
traveling eastwards closely paralleling United States
Highway 80 to the south crossing over Alabama Routes
22, 41, and 21, until its intersection with I-65 near
Hope Hull, Alabama;
``(C) continuing east along the proposed Montgomery
Outer Loop south of Montgomery, Alabama where it would
next join with I-85 east of Montgomery, Alabama;
``(D) continuing along I-85 east bound until its
intersection with United States Highway 280 near
Opelika, Alabama or United States Highway 80 near
Tuskegee, Alabama; and
``(E) generally following the most expedient route
until intersecting with existing United States Highway
80 (JR Allen Parkway) through Phenix City until
continuing into Columbus, Georgia.''.
(5) Middle georgia corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(95) The Middle Georgia Corridor including the route--
``(A) beginning at the Alabama-Georgia Border
generally following the Fall Line Freeway from Columbus
Georgia to Augusta, Georgia specifically:
``(B) travelling along United States Route 80 (JR
Allen Parkway) through Columbus, Georgia and near Fort
Benning, Georgia, east to Talbot County, Georgia where
it would follow Georgia Route 96, then commencing on
Georgia Route 49C (Fort Valley Bypass) to Georgia Route
49 (Peach Parkway) to its intersection with Interstate
route 75 in Byron, Georgia;
``(C) continuing north along Interstate Route 75
through Warner Robins and Macon, Georgia where it would
meet Interstate Route 16. Following Interstate 16 east
it would next join United States Route 80 and then onto
State Route 57; and
``(D) commencing with State Route 57 which turns
into State Route 24 near Milledgeville, Georgia would
then bypass Wrens, Georgia with a newly constructed
bypass. After the bypass it would join United States
Route 1 near Fort Gordon into Augusta, Georgia where it
will terminate at Interstate Route 520.''.
(6) Louisiana capital region.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(96) The Louisiana Capital Region High Priority Corridor,
which shall generally follow--
``(A) Interstate 10, between its intersections with
Interstate 12 and Louisiana Highway 415;
``(B) Louisiana Highway 415, between its
intersections with Interstate 10 and United States
route 190;
``(C) United States route 190, between its
intersections with Louisiana Highway 415 and
intersection with Interstate 110;
``(D) Interstate 110, between its intersections
with United States route 190 and Interstate 10;
``(E) Louisiana Highway 30, near St. Gabriel, LA
and its intersections with Interstate 10;
``(F) Louisiana Highway 1, near White Castle, LA
and its intersection with Interstate 10; and
``(G) A bridge connecting Louisiana Highway 1 with
Louisiana Highway 30, south of the Interstate described
in subparagraph (A).''.
(b) Inclusion of Certain Segments on Interstate System.--Section
1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act
of 1991 is amended--
(1) by inserting ``subclauses (I) through (IX) of
subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),'' after
``subsection (c)(37),'';
(2) by inserting ``subsection (c)(84),'' after ``subsection
(c)(83),''; and
(3) by striking ``and subsection (c)(91)'' and inserting
``subsection (c)(91), subsection (c)(92), subsection (c)(93),
subsection (c)(94), subsection (c)(95), and subsection
(c)(96)''.
(c) Designation.--Section 1105(e)(5)(C) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended by striking ``The
route referred to in subsection (c)(84) is designated as Interstate
Route I-14.'' and inserting ``The route referred to in subsection
(c)(84)(A) is designated as Interstate Route I-14 North. The route
referred to in subsection (c)(84)(B) is designated as Interstate Route
I-14 South. The Bryan/College Station, Texas loop referred to in
subsection (c)(84) is designated as Interstate Route I-214. The routes
referred to in subparagraphs (C), (D), (E), (F), and (G) of subsection
(c)(84) and in subsections (c)(92), (c)(93), (c)(94), and (c)(95) are
designated as Interstate Route I-14.''.
SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
(a) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the Federal
Emergency Management Agency, shall review the guidance issued pursuant
to section 1228 of the Disaster Recovery Reform Act of 2018 (Public Law
115-254), and revise or issue new guidance regarding repair,
restoration, and replacement of inundated and submerged roads damaged
or destroyed by a major disaster declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) with respect to roads eligible for assistance under Federal
Highway Administration programs.
(b) Considerations.--In revising or issuing new guidance under
subsection (a), the Administrator shall consider methods of repair,
restoration, and replacement of damaged or destroyed roads that--
(1) improve the ability of a previously inundated or
submerged road to withstand the effects of hydrostatic and
hydrodynamic forces, including stormwater, runoff, or storm
surge; and
(2) provide for long-term cost savings.
SEC. 1623. DRY BULK WEIGHT TOLERANCE.
Section 127 of title 23, United States Code, is amended by adding
at the end the following:
``(v) Dry Bulk Weight Tolerance.--
``(1) Definition of dry bulk goods.--In this subsection,
the term `dry bulk goods' means any homogeneous unmarked
nonliquid cargo being transported in a trailer specifically
designed for that purpose.
``(2) Weight tolerance.--Notwithstanding any other
provision of this section, except for the maximum gross vehicle
weight limitation, a commercial motor vehicle transporting dry
bulk goods may not exceed 110 percent of the maximum weight on
any axle or axle group described in subsection (a), including
any enforcement tolerance.''.
SEC. 1624. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended by
striking ``2016 through 2020'' and inserting ``2023 through 2026''.
SEC. 1625. LABOR STANDARDS.
It is the policy of the United States that funds authorized or made
available by this Act, or the amendments made by this Act, should not
be used to purchase products produced whole or in part through the use
of child labor, as such term is defined in Article 3 of the
International Labor Organization Convention concerning the prohibition
and immediate action for the elimination of the worst forms of child
labor (December 2, 2000), or in violation of human rights.
SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and every 5 years thereafter, the Comptroller General of
the United States shall evaluate and issue a report to Congress on the
economic benefits, including avoided impacts on property and life, of
the use of model, consensus-based building codes, standards, and
provisions that support resilience to climate risks and impacts,
including--
(1) flooding;
(2) wildfires;
(3) hurricanes;
(4) heat waves;
(5) droughts;
(6) rises in sea level; and
(7) extreme weather.
(b) Report Issues.--The report required under subsection (a) shall
include the following:
(1) An assessment of the status of adoption of building
codes, standards, and provisions within the States,
territories, and tribes at the State or jurisdictional level;
including whether the adopted codes meet or exceed the most
recent published edition of a national, consensus-based model
code.
(2) An analysis of the extent to which pre-disaster
mitigation measures provide benefits to the nation and
individual States, territories and tribes, including--
(A) an economic analysis of the benefits to the
design and construction of new resilient
infrastructure;
(B) losses avoided, including economic losses,
number of structures (buildings, roads, bridges), and
injuries and deaths by utilizing building codes and
standards that prioritize resiliency; and
(C) an economic analysis of the benefits to using
hazard resistant building codes in rebuilding and
repairing infrastructure following a disaster.
(3) An assessment of the building codes and standards
referenced or otherwise currently incorporated into Federal
policies and programs, including but not limited to grants,
incentive programs, technical assistance and design and
construction criteria, administered by the Federal Emergency
Management Agency (hereinafter referred to as ``FEMA''),
including--
(A) the extent to which such codes and standards
contribute to increasing climate resiliency;
(B) recommendations for how FEMA could improve
their use of codes and standards to prepare for climate
change and address resiliency in housing, public
buildings, and infrastructure such as roads and
bridges; and
(C) how FEMA could increase efforts to support the
adoption of hazard resistant codes by the States,
territories, and Indian Tribes.
(4) Recommendations for FEMA on how to better incorporate
climate resiliency into efforts to rebuild after natural
disasters.
SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING RIGHTS HIGHWAY.
(a) Designation.--The portion of United States Route 80 from Selma,
Alabama to Montgomery, Alabama shall be known as the ``John R. Lewis
Voting Rights Highway''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the portion of United
States Route 80 from Selma, Alabama to Montgomery, Alabama is deemed to
be a reference to the ``John R. Lewis Voting Rights Highway''.
SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FERRIES.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the capital investment needs of United States public
ferries and how Federal funding programs are meeting such needs.
(b) Considerations.--In carrying out the study under subsection
(a), the Comptroller General shall examine the feasibility of including
United States public ferries in the conditions and performance report
of the Department of Transportation.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to Congress
a report describing the results of the study described in subsection
(a), including any recommendations for how to include ferries in the
conditions and performance report of the Department of Transportation.
SEC. 1629. USE OF MODELING AND SIMULATION TECHNOLOGY.
It is the sense of Congress that the Department of Transportation
should utilize, to the fullest and most economically feasible extent
practicable, modeling and simulation technology to analyze highway and
public transportation projects authorized by this Act and the
amendments made by this Act to ensure that these projects--
(1) increase transportation capacity and safety, alleviate
congestion, and reduce travel time and environmental impacts;
and
(2) are as cost effective as practicable.
SEC. 1630. GAO STUDY ON PER-MILE USER FEE EQUITY.
(a) Establishment.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall carry out a study on the impact of equity issues associated with
per-mile user fee funding systems on the surface transportation system.
(b) Contents.--The study under subsection (a) shall include the
following with respect to per-mile user fee systems:
(1) The financial, social, and other impacts of per-mile
user fee systems on individuals, low-income individuals, and
individuals of different races.
(2) The impact that access to alternative modes of
transportation, including public transportation, has in
carrying out per-mile user fee systems.
(3) The ability to access jobs and services, which may
include healthcare facilities, child care, education and
workforce training, food sources, banking and other financial
institutions, and other retail shopping establishments.
(4) Equity issues for low-income individuals in urban and
rural areas.
(5) Any differing impacts on passenger vehicles and
commercial vehicles.
(c) Inclusions.--In carrying out the study under subsection (a),
the Comptroller General shall include an analysis of the State surface
transportation system funding pilot program under section 6020 of the
FAST Act (23 U.S.C. 503 note).
(d) Report.--Not later than 2 years after the date of the enactment
after this Act, the Comptroller General shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate, and
make publicly available, a report containing the results of the study
under subsection (a), including recommendations for how to equitably
implement per-mile user fee systems.
(e) Definitions.--
(1) Per-mile user fee.--The term ``per-mile user fee''
means a revenue mechanism that--
(A) is applied to road users operating motor
vehicles on the surface transportation system; and
(B) is based on the number of vehicle miles
traveled by an individual road user.
(2) Commercial vehicle.--The term ``commercial vehicle''
has the meaning given the term commercial motor vehicle in
section 31101 of title 49, United States Code.
SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT STATE DOTS.
(a) Review Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall undertake a review
of the extent to which State departments of transportation have in
place best practices, standards, and protocols designed to ensure
equity considerations in transportation planning, project selection,
and project delivery, including considerations of the diverse
transportation needs of low-income populations, minority populations,
and other diverse populations.
(b) Evaluation.--After the completion of the review under
subsection (a), the Comptroller General shall issue and make available
on a publicly accessible Website a report detailing--
(1) findings based on the review in subsection (a);
(2) a comprehensive set of recommendations for State
departments of transportation to improve equity considerations,
which may include model legislation, best practices, or
guidance; and
(3) any recommendations to Congress for additional
statutory authority needed to support State department of
transportation efforts to incorporate equity considerations
into transportation planning, project selection, and project
delivery.
(c) Report.--After completing the review and evaluation required
under subsections (a) and (b), and not later than 2 years after the
date of enactment of this Act, the Comptroller General shall make
available on a publicly accessible Website, a report that includes--
(1) findings based on the review conducted under subsection
(a);
(2) the outcome of the evaluation conducted under
subsection (b);
(3) a comprehensive set of recommendations to improve
equity considerations in the public transportation industry,
including recommendations for statutory changes if applicable;
and
(4) the actions that the Secretary of Transportation could
take to effectively address the recommendations provided under
paragraph (3).
SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION NETS AND
BARRIERS FOR STRUCTURES OTHER THAN BRIDGES.
(a) Study.--The Comptroller General of the United States shall
conduct a study to identify--
(1) the types of structures, other than bridges, that
attract a high number of individuals attempting suicide-by-
jumping;
(2) the characteristics that distinguish structures
identified under paragraph (1) from similar structures that do
not attract a high number of individuals attempting suicide-by-
jumping;
(3) the types of nets or barriers that are effective at
reducing suicide-by-jumping with respect to the structures
identified under paragraph (1);
(4) methods of reducing suicide-by-jumping with respect to
the structures identified under paragraph (1) other than nets
and barriers;
(5) quantitative measures of the effectiveness of the nets
and barriers identified under paragraph (3);
(6) quantitative measures of the effectiveness of the
additional methods identified under paragraph (4);
(7) the entities that typically install the nets and
barriers identified under paragraph (3); and
(8) the costs of the nets and barriers identified under
paragraph (3).
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study conducted under subsection (a).
SEC. 1633. TRANSPORTATION PLANNING ACTIVITIES.
The Secretary or Transportation shall take all reasonable efforts
to provide assistance for an Olympic or Paralympic event, or a Special
Olympics International event, including the following:
(1) Planning activities of States and metropolitan planning
organizations and transportation projects relating to an
international Olympic or Paralympic event, or a Special
Olympics International event, under sections 134 and 135 of
title 23, United States Code.
(2) Developing intermodal transportation plans necessary
for the projects, in coordination with State and local
transportation agencies.
(3) Efforts to expedite review and comment by the
Department of Transportation on any required submittals
pertaining to an Olympic or Paralympic event or a Special
Olympics International event.
(4) Providing technical assistance.
SEC. 1634. BETTER UTILIZING INFRASTRUCTURE FOR LASTING DEVELOPMENT OF
VETERANS BUSINESSES.
(a) Definitions.--In this section, the following definitions apply:
(1) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(2) Veteran.--The term ``veteran'' has the meaning given
the term in section 101(2) of title 38, United States Code.
(3) Veteran owned small business concern.--The term
``veteran owned small business concern'' has the meaning given
the term ``small business concern owned and controlled by
veterans'' in section 3(q) of the Small Business Act (15 U.S.C.
632 (q)).
(b) Amounts for Veteran Owned Small Business Concerns.--Except to
the extent that the Secretary of Transportation determines otherwise,
not less than 3 percent of the amounts made available for any program
under titles I, II, V, and VII of this division and section 403 of
title 23, United States Code, shall be expended through veteran owned
small business concerns.
(c) Uniform Criteria.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying whether a
concern qualifies as a veteran owned small business concern for the
purpose of this section. Such criteria shall include a limit on the
personal net worth of the veterans who own and control the small
business concern.
(d) Reporting.--The Secretary shall establish minimum requirements
for use by State government in reporting to the Secretary--
(1) information concerning veteran owned small business
concern awards, commitments, and achievement; and
(2) such other information as the Secretary determined to
be appropriate for the proper monitoring of the veterans
business enterprise program.
SEC. 1635. VEHICLE WEIGHT LIMITATIONS.
Section 127(i)(1)(A) of title 23, United States Code, is amended by
inserting ``an emergency or'' before ``a major disaster''.
SEC. 1636. ROADWAY WORKER PROTECTION WORKING GROUP.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a working group (in this section referred to as the ``Working Group'')
to review the methods, practices, and technologies necessary to protect
workers in roadway work zones.
(b) Membership.--
(1) Appointment.--The Secretary shall appoint to the
Working Group individuals with knowledge and expertise in
roadway safety.
(2) Representation.--The Working group shall include at
least one representative of each of the following:
(A) State departments of transportation.
(B) Local governments or metropolitan planning
organizations.
(C) Temporary traffic control organizations.
(D) Roadway user organizations.
(E) Vehicle and commercial vehicle manufacturers.
(F) Labor organizations.
(G) Traffic safety organizations.
(H) Motor carrier and independent owner-operator
organizations.
(I) Law enforcement and first responder
organizations.
(J) Autonomous vehicle technology companies.
(K) Any other stakeholders that the Secretary
determines appropriate.
(3) Termination.--The Working Group shall terminate 6
months after the date on which the Secretary receives the
report under subsection (f)(1).
(c) Duties.--In carrying out the review required under subsection
(a), the Working Group shall--
(1) evaluate and analyze current work zone safety and
worker protection traffic control best practices;
(2) identify causes of work zone injuries and fatalities;
(3) identify and evaluate technologies related to vehicle
interaction with work zones and workers in work zones; and
(4) identify challenges for transportation construction
project sponsors regarding improving work zone safety.
(d) Consultation.--In carrying out the review required under
subsection (a), the Working Group shall consult with--
(1) transportation construction contractor organizations;
(2) roadway and roadway safety equipment manufacturer
organizations;
(3) academic experts; and
(4) any other stakeholder the Working Group determines
appropriate.
(e) Reports.--
(1) Working group report.--Not later than 2 years after the
date on which the Working Group is established, the Working
Group shall submit to the Secretary a report that includes--
(A) the findings of the review required under
subsection (a), including a summary of any comments
received during the consultation process under
subsection (d); and
(B) recommendations on safety countermeasures,
technologies, programs and policies for the Department
of Transportation to improve roadway work zone safety
and practices.
(2) Report to congress.--Not later than 1 month after the
date on which the Secretary receives a report under paragraph
(1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a summary of the report.
SEC. 1637. GAO STUDY ON NATURE-BASED SOLUTIONS FOR COASTAL HIGHWAY
RESILIENCE.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the utilization of nature-based solutions for
improving the resilience of coastal highways and bridges.
(b) Contents.--In conducting the study under subsection (a), the
Comptroller General shall examine--
(1) the resiliency benefits of nature-based features that
work in conjunction with structural features to protect coastal
highways and bridges by reducing the impacts of floods or other
risks of extreme weather;
(2) the ecological benefits of nature-based features for
habitat restoration, water quality improvements, and
recreational aesthetics;
(3) any potential savings to taxpayers over the lifecycles
of roadways produced by an integrated approach to resilience
against extreme weather;
(4) the utilization rates for integrated nature-based
solutions among transportation agencies; and
(5) any barriers to the use of nature-based solutions by
transportation agencies to improve the resilience of coastal
roads and bridges.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report summarizing the study under subsection (a) and the results of
such study, including recommendations for how the Federal Highway
Administration can encourage transportation agencies to use natural and
nature-based features to improve the resilience of coastal highways and
bridges.
SEC. 1638. REPEAL OF PILOT PROGRAM.
Section 325 of title 23, United States Code, is repealed.
SEC. 1639. TECHNICAL CORRECTIONS.
(a) In General.-- Title 23, United States Code, is amended as
follows:
(1) Name correction.--Section 101(a)(17)(C), as
redesignated by section 1103(1)(A) of this Act, is amended by
striking ``United States Customs and Immigration Services'' and
inserting ``U.S. Customs and Border Protection''.
(2) Transfer of funds.--Section 104(f)(3) is amended--
(A) in subparagraph (A), by striking ``the Federal
Highway Administration'' and inserting ``an operating
administration of the Department of Transportation'';
and
(A) in the paragraph heading, by striking ``Federal
highway administration'' and inserting ``an operating
administration of the department of transportation''.
(3) Terms and conditions.--Section 108(c)(3)(F) is
amended--
(A) by inserting ``of 1969 (42 U.S.C. 4321 et
seq.)'' after ``Policy Act''; and
(B) by striking ``this Act'' and inserting ``this
title''.
(4) Exclusion.--Section 112(b)(2) is amended in
subparagraph (F) by striking ``(F)'' and all that follows
through ``Subparagraphs'' and inserting ``(f) Subparagraphs''.
(5) Reference to statewide transportation improvement
program.--Section 115(c) is amended by striking ``135(f)'' and
inserting ``135(g)''.
(6) Opportunity for comment.--Section 134(j) is amended by
striking ``subsection (i)(5)'' both places it appears and
inserting ``subsection (i)(6)''.
(7) Performance-based approach.--Section 135(f)(7)(B) is
amended by striking the semicolon at the end and inserting a
period.
(8) Efficient environmental reviews for project
decisionmaking.--Section 139 is amended--
(A) in subsection (b)(1) by inserting ``(42 U.S.C.
4321 et seq.)'' after ``of 1969'';
(B) in subsection (c) by inserting ``(42 U.S.C.
4321 et seq.)'' after ``of 1969'' each place it
appears; and
(C) in subsection (k)(2) by inserting ``(42 U.S.C.
4321 et seq.)'' after ``of 1969''.
(9) Nondiscrimination.--Section 140(a) is amended, in the
third sentence, by inserting a comma after ``Secretary''.
(10) Public transportation.--Section 142 is amended by
striking subsection (i).
(11) Congestion mitigation and air quality improvement
program.--Section 149 is amended--
(A) in subsection (b)(1)(A)(ii) by striking ``;
or,'' and inserting ``; or''; and
(B) in subsection (g)(2)(B) by striking the
semicolon at the end and inserting ``; and''.
(12) Tribal transportation program data collection.--
Section 201(c)(6)(A)(ii) is amended by striking ``(25 U.S.C.
450 et seq.)'' and inserting ``(25 U.S.C. 5301 et seq.)''.
(13) Tribal transportation program.--Section 202 is
amended--
(A) by striking ``(25 U.S.C. 450 et seq.)'' each
place it appears and inserting ``(25 U.S.C. 5301 et
seq.)'';
(B) in subsection (a)(10)(B) by striking ``(25
U.S.C. 450e(b))'' and inserting ``(25 U.S.C.
5307(b))''; and
(C) in subsection (b)--
(i) in paragraph (5) in the matter
preceding subparagraph (A) by inserting ``the''
after ``agreement under''; and
(ii) in paragraph (6)(A) by inserting
``the'' after ``in accordance with''.
(14) Permissible uses of recreational trails program
apportioned funds.--Section 206(d)(2)(G) is amended by striking
``use of recreational trails'' and inserting ``uses of
recreational trails''.
(15) Tribal transportation self-governance program.--
Section 207 is amended--
(A) in subsection (g)--
(i) by striking ``(25 U.S.C. 450j-1)'' and
inserting ``(25 U.S.C. 5325)''; and
(ii) by striking ``(25 U.S.C. 450j-1(f))''
and inserting ``(25 U.S.C. 5325(f))'';
(B) in subsection (l)--
(i) in paragraph (1), by striking ``(25
U.S.C. 458aaa-5)'' and inserting ``(25 U.S.C.
5386)'';
(ii) in paragraph (2), by striking ``(25
U.S.C. 458aaa-6)'' and inserting ``(25 U.S.C.
5387)'';
(iii) in paragraph (3), by striking ``(25
U.S.C. 458aaa-7)'' and inserting ``(25 U.S.C.
5388)'';
(iv) in paragraph (4), by striking ``(25
U.S.C. 458aaa-9)'' and inserting ``(25 U.S.C.
5390)'';
(v) in paragraph (5), by striking ``(25
U.S.C. 458aaa-10)'' and inserting ``(25 U.S.C.
5391)'';
(vi) in paragraph (6), by striking ``(25
U.S.C. 458aaa-11)'' and inserting ``(25 U.S.C.
5392)'';
(vii) in paragraph (7), by striking ``(25
U.S.C. 458aaa-14)'' and inserting ``(25 U.S.C.
5395)'';
(viii) in paragraph (8), by striking ``(25
U.S.C. 458aaa-15)'' and inserting ``(25 U.S.C.
5396)''; and
(ix) in paragraph (9), by striking ``(25
U.S.C. 458aaa-17)'' and inserting ``(25 U.S.C.
5398)''; and
(C) in subsection (m)(2)--
(i) by striking ``505'' and inserting
``501''; and
(ii) by striking ``(25 U.S.C. 450b;
458aaa)'' and inserting ``(25 U.S.C. 5304;
5381)''.
(16) Buy america.--Section 313 is amended--
(A) in subsection (e)(2) by striking ``States;''
and inserting ``States,''; and
(B) in subsection (f)(1) by striking ``, and'' and
inserting ``; and''.
(17) Procedures for a gift or donation.--Section 323(d) is
amended in the matter preceding paragraph (1) by inserting
``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
(18) Highway safety programs.--Section 402(b)(1)(E) is
amended by striking the semicolon at the end and inserting ``;
and''.
(19) Use of freight capacity building program funds.--
Section 504(g)(6) is amended by striking ``make grants or to''
and inserting ``make grants to''.
(20) Development phase activities.--Section 602(e) is
amended by striking ``601(a)(1)(A)'' and inserting
``601(a)(2)(A)''.
(b) Clerical Amendments.--
(1) In general.--The table of contents for title 23, United
States Code, is amended in the item relating to chapter 1 by
striking ``FEDERAL AID HIGHWAYS'' and inserting ``FEDERAL-AID
HIGHWAYS''.
(2) Chapter 3.--The analysis for chapter 3 of title 23,
United States Code, is amended by striking the item relating to
section 325.
SEC. 1640. CREDIT ADJUSTMENTS FOR PAYCHECK PROTECTION PROGRAM LOAN
FORGIVENESS UNDER HIGHWAY AND PUBLIC TRANSPORTATION
PROJECT COST REIMBURSEMENT CONTRACTS.
(a) In General.--Notwithstanding section 112 of title 23, United
States Code, a covered contractor shall only make credit adjustments to
the indirect cost rate applied to such contractor to reflect the
portion of loan forgiveness attributable to the receipt of Federal
funds. For purposes of this section, beginning on the date on which the
credit attributable to Federal funds is recovered fully, no further
indirect cost rate credit shall be applied or otherwise provided.
(b) Covered Contractor Defined.--For purposes of this section, the
term ``covered contractor'' means a contractor or subcontractor at any
tier that--
(1) provides architectural and engineering services under a
federally-funded Federal-aid highway program or Federal lands
highway program cost reimbursement contract under title 23,
United States Code;
(2) received loan forgiveness in accordance with section
1106 of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136), for a loan provided under paragraph (36)
of section 7(a) of the Small Business Act (15 U.S.C. 636(a));
and
(3) applied such loan proceeds to indirect costs that were
reimbursed, in whole or in part, with Federal funds.
SEC. 1641. ESTABLISHMENT OF WESTERN RIVERSIDE COUNTY NATIONAL WILDLIFE
REFUGE.
(a) In General.--The Secretary of the Interior (in this section
referred to as the ``Secretary''), acting through the United States
Fish and Wildlife Service, shall establish as a national wildlife
refuge the lands, waters, and interests therein acquired under
subsection (g). The national wildlife refuge shall be known as the
``Western Riverside County National Wildlife Refuge'' (in this section
referred to as the ``Wildlife Refuge'').
(b) Purpose.--The purpose of the Wildlife Refuge shall be--
(1) to conserve, manage, and restore wildlife habitats for
the benefit of present and future generations of Americans;
(2) to conserve species listed as threatened or endangered
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or the California Endangered Species Act (California Fish
and Game Code 2050-2068), or which is a covered species under
the Western Riverside County Multiple Species Habitat
Conservation Plan;
(3) to support the recovery and protection of threatened
and endangered species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); and
(4) to provide for wildlife habitat connectivity and
migratory corridors within the Western Riverside County
Multiple Species Habitat Conservation Plan Area.
(c) Sense of Congress.--It is the sense of Congress that the
Secretary shall seek to acquire land, water, or interests therein
(including conservation easements), or sufficient to satisfy the goals
established in the Multiple Species Habitat Conservation Plan, within
the acquisition boundaries pursuant to this section, including but not
limited to those which have been heretofore or may be hereinafter
acquired by the Western Riverside County Regional Conservation
Authority for Purposes of the Multiple Species Habitat Conservation
Plan.
(d) Notification of Establishment.--The Secretary shall publish
notice of the establishment of the Wildlife Refuge in the Federal
Register.
(e) Acquisition Boundaries.--The Secretary shall establish the
acquisition boundaries of the Wildlife Refuge as the lands and waters
within the Western Riverside County Multiple Species Habitat
Conservation Plan Area (as depicted on maps and described in the Final
Western Riverside County Multiple Species Habitat Conservation Plan
dated June 17, 2003).
(f) Administration.--
(1) In general.--Upon the establishment of the Wildlife
Refuge and thereafter, the Secretary shall administer all
federally owned lands, waters, and interests in the Wildlife
Refuge in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this
section. The Secretary may use such additional statutory
authority as may be available to the Secretary for the
conservation, management, recovery and restoration of fish and
wildlife and habitat, the development of compatible wildlife
dependent outdoor recreation opportunities, and the
facilitation of fish and wildlife interpretation and education
as the Secretary considers appropriate to carry out the
purposes of this section and serve the objectives of the
Western Riverside County Multiple Species Habitat Conservation
Plan.
(2) Cooperative agreements regarding non-federal lands.--
The Secretary may enter into cooperative agreements with the
State of California, any political subdivision thereof, or any
other person--
(A) for the management, in a manner consistent with
this section and the Western Riverside County Multiple
Species Habitat Conservation Plan, of lands that are
owned by such State, subdivision, or other person and
located within the acquisition boundaries of the
Wildlife Refuge;
(B) to promote public awareness of the natural
resources of the Western Riverside County Multiple
Species Habitat Conservation Plan Area; or
(C) to encourage public participation in the
conservation of those resources.
(g) Acquisition and Transfers of Lands and Waters for Wildlife
Refuge.--
(1) Acquisitions.--The Secretary shall acquire by donation,
purchase with appropriated funds, or exchange such lands and
waters, or interests therein (including conservation
easements), as they become available, that will achieve the
purposes of subsection (b), within the acquisition boundaries
of the Wildlife Refuge, except that the lands, waters, and
interests therein owned by the State of California and its
political subdivisions may be acquired only by donation.
(2) Transfers.--
(A) In general.--The head of any Federal department
or agency, including any agency within the Department
of the Interior, that has jurisdiction of any Federal
property located within the boundaries of the Wildlife
Refuge as described by this section shall, not later
than 1 year after the date of the enactment of this
Act, submit to the Secretary an assessment of the
suitability of such property for inclusion in the
Wildlife Refuge.
(B) Assessment.--Any assessment under subparagraph
(A) shall include--
(i) parcel descriptions and best existing
land surveys for such property;
(ii) a list of existing special
reservations designations, or purposes of the
property;
(iii) a list of all known or suspected
hazardous substance contamination of such
property, and any facilities, surface water, or
groundwater on such property;
(iv) the status of withdrawal of such
property from--
(I) the Mineral Leasing Act (30
U.S.C. 181 et seq.); and
(II) the General Mining Act of 1872
(30 U.S.C. 22 et seq.); and
(v) a recommendation as to whether such
property is or is not suitable for inclusion in
the Wildlife Refuge, and the reasons supporting
the recommendation.
(C) Inclusion in wildlife refuge.--
(i) In general.--The Secretary shall, not
later than 60 days after receiving an
assessment submitted pursuant to subparagraph
(A), determine if the property described in
such assessment is suitable for inclusion in
the Wildlife Refuge.
(ii) Transfer.--If the Secretary determines
the property in an assessment submitted under
subparagraph (A) is suitable for inclusion in
the Wildlife Refuge, the head of the Federal
department or agency that has jurisdiction of
such property shall transfer such property to
the administrative jurisdiction of the
Secretary for the purposes of this section.
(D) Property unsuitable for inclusion.--Property
determined by the Secretary to be unsuitable for
inclusion in the Wildlife Refuge based on an assessment
submitted under subparagraph (A) shall be subsequently
transferred to the Secretary for purposes of this
section by the head of the department or agency that
has jurisdiction of such property if such property
becomes suitable for inclusion in the Wildlife Refuge
as determined by the Secretary in consultation with the
head of the department or agency that has jurisdiction
of such property.
(E) Public access.--If property transferred to the
Secretary under this paragraph allows for public access
at the time of transfer, such access shall be
maintained unless such access--
(i) would be incompatible with the purposes
of the Wildlife Refuge;
(ii) would jeopardize public health or
safety; or
(iii) must be limited due to emergency
circumstances.
SEC. 1642. EFFECT OF WEATHER EXTREMES ON SUSTAINABILITY AND RELIABILITY
OF ROADWAYS.
The Administrator of the Federal Highway Administration shall issue
or update guidance and best practices related to the resiliency of
materials used for construction, reconstruction, rehabilitation, and
preservation projects on Federal-aid highways, taking into
consideration the effect of dynamic changes on maintenance cycles for
roadways, including as a result of weather-based factors.
SEC. 1643. GAO REPORT REGARDING HIGHWAY TRUST FUND EXPENDITURES.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report on Highway Trust Fund expenditures.
(b) Purpose.--The purpose of the report under subsection (a) shall
be to gain an understanding of the expenditures made by the trust fund,
including for programs funded under the Mass Transit Account and the
Highway Account.
(c) Contents.--The report under subsection (a) shall examine
reimbursements to eligible recipients, including States, territories,
Indian tribes, transit agencies, and Federal land management agencies,
by--
(1) Federal-aid highway program; and
(2) category of eligible project costs including--
(A) administrative costs;
(B) development phase activities, including
transportation planning;
(C) construction;
(D) maintenance;
(E) transit capital projects;
(F) operational improvements;
(G) safety improvements; and
(H) any other category that the Comptroller General
determines necessary.
SEC. 1644. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC
SUCCESS INITIATIVE.
(a) In General.--The Secretary of Transportation shall establish
the Rural Opportunities to Use Transportation for Economic Success
Initiative (hereinafter referred to as the ``ROUTES Office''), to--
(1) improve analysis of rural projects applying for
Department of Transportation discretionary grants, including
ensuring that project costs, local resources, and the larger
benefits to the American people and the economy are
appropriately considered; and
(2) provide rural communities with technical assistance for
meeting the Nation's transportation infrastructure investment
need in a financially sustainable manner.
(b) Objectives.--The ROUTES Office shall--
(1) collect input from knowledgeable entities and the
public on the benefits of rural transportation projects, the
technical and financial assistance required for constructing
and operating rural transportation infrastructure and services,
and barriers and opportunities to funding such rural
transportation projects;
(2) evaluate data on rural transportation challenges and
determining methods to align the Department of Transportation's
discretionary funding and financing opportunities with the
needs of rural communities for meeting National transportation
goals; and
(3) educate rural communities about applicable Department
of Transportation discretionary grants, developing effective
methods to evaluate rural projects in discretionary grant
programs, and communicating those methods through program
guidance.
(c) ROUTES Council.--
(1) In general.--The Secretary shall establish the ROUTES
Council (hereinafter referred to as the ``Council'') to--
(A) organize, guide, and lead the ROUTES Office;
and
(B) coordinate rural-related funding programs and
assistance among the modal administrations.
(2) Membership.--
(A) In general.--The Council shall be composed of
the following officers of the Department of
Transportation, or their designees:
(i) The Under Secretary of Transportation
for Policy.
(ii) The General Counsel.
(iii) The Chief Financial Officer and
Assistant Secretary for Budget and Programs.
(iv) The Assistant Secretary for Research
and Technology.
(v) The Administrators of the--
(I) Federal Aviation
Administration;
(II) Federal Highway
Administration;
(III) Federal Railroad
Administration; and
(IV) Federal Transit
Administration.
(vi) The Chief Infrastructure Funding
Officer.
(vii) The Assistant Secretary of Government
Affairs.
(viii) The Director of the Office of Public
Affairs.
(B) Chair.--The Under Secretary of Transportation
for Policy shall be the Chair of the Council.
(C) Additional members.--The Secretary of
Transportation or the Chair of the Council may
designate additional members to serve on the Council.
(3) Additional modal input.--To address issues related to
safety and transport of rural commodities, the Council shall
consult with the Administrators (or their designees) of the--
(A) Maritime Administration;
(B) Great Lakes St. Lawrence Seaway Development
Corporation; and
(C) National Highway Traffic Safety Administration.
(4) Duties.--Members of the Council shall--
(A) participate in all meetings and relevant
Council activities and be prepared to share information
relevant to rural transportation infrastructure
projects and issues;
(B) provide guidance and leadership on rural
transportation infrastructure issues and represent the
work of the Council and Department of Transportation on
such issues to external stakeholders; and
(C) recommend initiatives to the Chair of the
Council to consider, establish, and staff any resulting
activities or working groups.
(5) Meetings.--The Council shall meet bimonthly.
(6) Work products and deliverables.--The Council my develop
work products or deliverables to meet its goals, including--
(A) an annual report to Congress describing Council
activities for the past year and expected activities
for the coming year;
(B) any recommendations to enhance the
effectiveness of Department of Transportation
discretionary grant programs regarding rural
infrastructure issues; and
(C) other guides and reports for relevant groups
and the public.
SEC. 1645. GAO STUDY ON VULNERABILITIES TO CERTAIN THREATS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study and
submit a report on the vulnerabilities facing the United States
transportation system, including risks to intelligent transportation
systems and other connected systems from ransomware and other
cybersecurity threats. Such report shall be submitted to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate and include a summary of findings and any recommendations to
protect against any such vulnerabilities.
SEC. 1646. EXTENSION OF NHA AUTHORIZATIONS.
(a) Short Title.--The section may be referred to as the ``National
Heritage Area Authorization Extension Act of 2021''.
(b) In General.--Notwithstanding any other provision of law, the
authorization of appropriations for each National Heritage Area with an
authorization expiring in 2021 is extended through September 30, 2023.
(c) National Heritage Area Defined.--For the purposes of subsection
(b), the term ``National Heritage Area'' means each of the following:
(1) A National Heritage Area.
(2) A National Heritage Corridor.
(3) A Cultural Heritage Corridor.
(4) A Heritage Preservation Commission.
(5) A National Heritage Route.
(6) A Heritage Partnership.
(7) A National Heritage Partnership.
(8) A National Historic District.
(9) An area designated as a national heritage area through
Federal Statute.
(d) Management Plan Extension.--Section 6001(c) of the John D.
Dingell, Jr. Conservation, Management, and Recreation Act (Public Law
116-9; 54 U.S.C. 320101 note) is amended--
(1) in paragraph (1), by striking ``3 years after the date
of enactment of this Act'' and inserting ``September 30,
2023''; and
(2) in paragraph (3), by striking ``the date that is 3
years after the date of enactment of this Act'' and inserting
``September 30, 2023''.
SEC. 1647. ELECTRIC VEHICLE WORKING GROUP.
(a) Establishment of Working Group.--Not later than 240 days after
the date of enactment of this Act, the Secretary of Transportation and
the Secretary of Energy shall jointly establish a working group
consisting of Federal and non-Federal stakeholders to make
recommendations on the development, adoption, and integration of light
and heavy duty electric vehicles into the transportation and energy
systems of the United States.
(b) Membership.--
(1) In general.--The working group shall be composed of--
(A) the Secretaries (or designees), who shall be
co-chairs of the working group; and
(B) relevant Federal and non-Federal stakeholders,
as determined by the Secretaries.
(2) Requirement.--The Secretaries shall ensure that the
members of the working group include individuals with a balance
of backgrounds, experiences, view points, and represent
geographically diverse regions of the United States.
(c) Meetings.--The working group shall meet not less frequently
than once every 120 days.
(d) Joint Report and Strategy on Electric Vehicle Adoption,
Opportunities, and Challenges.--
(1) In general.--The Secretaries, in consultation with the
working group, shall submit to Congress, a report on the status
of electric vehicle adoption, opportunities, and challenges to
expanding adoption of electric vehicles, and develop strategies
to address these opportunities and challenges.
(2) Deadlines.--A joint report and strategy shall be
submitted to Congress by September 30, 2025.
(e) Termination.--The working group shall terminate on the date on
which the report and strategy under subsection (d) are submitted.
SEC. 1648. SENSE OF THE CONGRESS ON SOIL AND EROSION CONTROL FOR
HIGHWAY PROJECTS.
It is the sense of Congress that--
(1) federally funded construction projects should seek to--
(A) incorporate products and materials that support
environmental sustainability;
(B) ensure the health and safety of fish and
wildlife; and
(C) consist of recycled or biobased products; and
(2) State departments of transportation should support
environmental sustainability, to the maximum extent
practicable, in procurement decisions.
SEC. 1649. LOCAL PROJECT DELIVERY IMPROVEMENTS.
(a) High-performing Local Public Agency Designation.--
(1) In general.--The Secretary shall designate high-
performing local public agencies based on the criteria in
paragraph (3) and consistent with the process described under
paragraph (4) to be eligible to exercise the project delivery
methods described under this section for projects funded under
title 23, United States Code.
(2) Authority.--Nothing in this section shall be construed
to prohibit a local public agency from taking any action
otherwise authorized to secure and expend Federal funds
authorized under chapter 1 of title 23, United States Code.
(3) Criteria.--In designating a high-performing local
public agency under this section, the Secretary shall consider
the legal, financial, and technical capacity of the applicant.
(4) Requirements.--
(A) Call for nomination.--The Secretary shall
solicit applications for designation under this
section.
(B) Guidance.--The call for nomination under
paragraph (1) shall include guidance on the
requirements and responsibilities of a high-performing
local public agency under this section.
(C) Determination.--
(i) In general.--The Secretary shall have
discretion to make any designation under this
section.
(ii) Approval.--The Secretary may approve
for participation under this program any direct
recipient under section 1305 of this Act based
on the application under such section. Such
approval shall only apply to the direct
recipient unless the Secretary determines it is
appropriate, based on the criteria in
subsection (a)(3), to extend the approval to 1
or more subrecipients of the direct recipient.
(5) Term.--Except as provided in paragraph (6), a
designation under this subsection--
(A) shall be for a period of not less than 5 years;
and
(B) may be renewable.
(6) Termination.--The Secretary shall establish procedures
for the termination of a designation under this subsection.
(7) Limitation.--The Secretary may establish a limitation
on the number of participants in the program, based on the
availability of administrative resources and the capacity to
provide sufficient oversight of the program established under
this section.
(b) Project Delivery.--
(1) In general.--
(A) Methods.--The high-performing local public
agency may, consistent with the agreement entered into
with the Secretary under subsection(c), utilize 1 or
more of the project delivery methods described in this
subsection, notwithstanding the adoption of such
methods by the State.
(B) Rule of construction.--Nothing in this section
shall be construed to prohibit a local public agency
from using a project delivery method otherwise
available to such local public agency under title 23,
United States Code.
(2) Force account.--Notwithstanding subsections (a) and (b)
of section 112 of title 23, United States Code, a high-
performing local public agency may, subject to the terms of the
agreement under subsection (c), complete the construction (as
such term is defined under section 101 of such title) of a
Federal-aid highway project by force account, provided the
recipient is qualified to perform the work in a satisfactory
manner based on the criteria in subsection (a)(3), as
determined by the Secretary.
(3) Indefinite delivery and indefinite quantity
contracting.--Subject to the terms of the agreement under
subsection (c), a high-performing local public agency may use
indefinite quantity and indefinite delivery contracting,
including job order contracting, consistent with the process
described under subpart F of part 635 of title 23, Code of
Federal Regulations. If determined appropriate by the
Secretary, the high-performing local public agency may submit
an indefinite delivery and indefinite quantity contracting
procedures plan directly to the Secretary for approval.
(4) Assumption of responsibilities of state departments of
transportation.--
(A) In general.--Subject to the terms of the
agreement under subsection (c), a high-performing local
public agency may assume, in lieu of a State, for
projects covered by an agreement under subsection (c)--
(i) the Federal-aid highway project
approval, determination, and oversight
responsibilities that a State may assume under
section 106 of title 23, United States Code;
and
(ii) the responsibility that a State may
assume, under section 326 of title 23, United
States Code, for determining whether certain
designated activities are included within
classes of action identified in regulation by
the Secretary that are categorically excluded
from requirements for environmental assessments
or environmental impact statements.
(B) Terms.--In assuming the responsibilities under
subparagraph (A), the high-performing local public
agency shall be subject to the same terms, conditions,
and requirements at the discretion of the Secretary as
would be a State under sections 106(c) and 326 of title
23, United States Code, and any associated regulations
and procedures.
(c) Agreement.--
(1) In general.--
(A) Authority.--The Secretary and the high-
performing local public agency shall enter into an
agreement relating to the extent to which the local
public agency may assume the authorities described
under this section.
(B) Discretion.--The Secretary shall have the
discretion to enter into an agreement under this
section for one or more of the project delivery methods
described in subsection (b).
(C) Scope.--
(i) In general.--The Secretary may make an
approval to assume the responsibilities
described under subsection (b) on a single-
project, multiple-project, project-type, or
programmatic basis.
(ii) Covered projects.--The authority
described under this section may apply to any
Federal-aid highway project carried out within
the jurisdiction of the high-performing local
public agency, at the discretion of the
Secretary.
(2) Self-certification of compliance.--
(A) In general.--The high-performing local public
agency may, at the discretion of the Secretary, provide
for self-certification of compliance for the
responsibilities assumed pursuant to the agreement
established under this section. The Secretary shall
establish procedures governing such self-certification
of compliance, including the frequency of such
certification.
(B) Oversight.--If the high-performing local public
agency assumes the role of self-certification of
compliance as described under clause (i), the Secretary
shall establish procedures to conduct risk-based
stewardship and oversight of a local public agency's
performance of the assumed responsibilities specified
in the agreement under this subsection, as determined
necessary or appropriate by the Secretary.
(3) Assistance to local public agencies.--On request of a
local public agency, the Secretary shall provide to the local
public agency technical assistance, training, or other support
relating to--
(A) assuming responsibilities under this section;
(B) developing an agreement under this subsection;
or
(C) addressing a responsibility under this section
in need of corrective action.
(4) Adoption of state procedures.--Except as otherwise
provided in the agreement between the Secretary and the high
performing local agency, the local public agency shall use any
manuals, standards, procedures, and specifications utilized by
the State, as determined appropriate by the Secretary.
(5) Consultation.--In establishing the agreement under this
section, the Secretary may require the local public agency to
consult with the State department of transportation, as
appropriate.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of a high-performing local public agency
to partner with a State department of transportation or other recipient
of Federal funds under title 23, United States Code, or chapter 53 of
title 49, United States Code, to carry out a project.
(e) Savings Clause.--Except as provided in this section, all
applicable requirements of title 23, United States Code, shall apply to
projects carried out under this section.
(f) Funding.--The Secretary may use for program management,
oversight, and technical assistance to high-performing local public
agencies amounts made available under section 1305(c)(2) of this Act
for technical assistance and administration.
(g) Report.--
(1) Local public agency report.--Not later than 60 days
after the end of each fiscal year, each local public agency
designated under this section shall submit to the Secretary a
report that includes--
(A) a list of projects carried out under this
section;
(B) a description of the authorities assumed under
subsection (b), including a summary of the project
types carried out under such authorities;
(C) recommendations, if any--
(i) on other authorities that would be
appropriate to assume under this section; and
(ii) to improve the effectiveness of the
program under this section.
(2) Report to congress.--Not later than October 1, 2024,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that--
(A) summarizes the findings of each local public
agency provided under paragraph (1);
(B) describes the efforts undertaken by both local
public agencies and the Secretary to ensure compliance
with the requirements of title 23, United States Code;
and
(C) provides recommendations from the Secretary
to--
(i) improve the administration, oversight,
and performance of the program established
under this section;
(ii) improve the effectiveness of project
delivery for local public agencies;
(iii) evaluate options to expand the
authority provided under this section; and
(iv) provide legislative recommendations,
if any, based on the outcomes of the program.
SEC. 1650. UTILIZATION OF QUALIFIED ELECTRICIANS.
(a) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation and the
Secretary of Energy shall each promulgate regulations requiring the
utilization of qualified electricians in the construction,
installation, operation and maintenance of electric vehicle charging
stations assisted, in whole or in part, by funding provided under this
Act.
(b) Definition of Qualified Electrician.--In this section, the term
``qualified electrician'' means an electrician who has completed
training under the Electric Vehicle Infrastructure Training Program
(EVITP) and obtained an EVITP certification.
SEC. 1651. GAO STUDY ON THE IMPACT OF DRUNK DRIVING CHILD ENDANGERMENT
LAWS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the impact and effectiveness of
drunk driving child endangerment laws, and ways in which child
endangerment laws can be strengthened to protect children who may be
passengers in vehicles driven by drunk drivers.
(b) Contents.--The report required under this section shall--
(1) review State laws to determine best practices,
comparing State laws in which driving drunk with a child is
considered a felony versus a misdemeanor, as well as review
effective ways in which States mandate or encourage reporting
and documentation of child endangerment; and
(2) make recommendations as to how State laws can be
improved to protect children from riding as passengers in
vehicles driven by drunk drivers, including increased
penalties, reporting requirements, and coordination with child
protective services.
SEC. 1652. REGIONAL INFRASTRUCTURE ACCELERATOR DEOMONSTRATION PROGRAM.
Section 1441 of the FAST Act (23 U.S.C. 601 note) is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (1) the
following:
``(1) the need for projects that address air quality in
areas--
``(A) that have been designated as nonattainment
area under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
``(B) that are maintenance areas (as such term is
defined in section 101(a) of title 23, United States
Code);''; and
(2) in subsection (f) by striking ``$12,000,000'' inserting
``$13,600,000 out of the general fund of the Treasury for each
fiscal year''.
SEC. 1653. CLIMATE-SAFE INFRASTRUCTURE WORKING GROUP.
(a) Establishment.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Transportation shall establish
a working group, to be known as the ``Climate-Safe Infrastructure
Working Group'' (in this section referred to as the ``Working Group''),
to examine how to integrate scientific data regarding the projected
impacts and risks of climate change into infrastructure planning,
design, engineering, construction, operation, and maintenance that is
funded by the Federal Government.
(b) Composition.--The Working Group shall consist of the following:
(1) One or more representatives from each of the Federal
agencies that participate in the U.S. Global Change Research
Program.
(2) One or more representatives from the Department of the
Treasury.
(3) One or more professional engineers with relevant
expertise in infrastructure design.
(4) One or more scientists from the National Academy of
Sciences.
(5) One or more scientists, social scientists, and experts
from academic and research institutions who have expertise in--
(A) climate change projections and impacts;
(B) engineering;
(C) architecture; or
(D) other relevant areas of expertise.
(6) One or more licensed architects with relevant expertise
in infrastructure design.
(7) One or more certified planners with relevant expertise
in climate change impacts.
(8) One or more representatives of State, local, and Tribal
governments.
(9) One or more representatives of environmental justice
groups.
(c) Duties.--The Working Group shall consider and examine, at a
minimum, the following matters:
(1) The current informational and institutional barriers to
integrating scientific data regarding the projected impacts and
risks of climate change into infrastructure planning, design,
engineering, construction, operation, and maintenance that is
funded by the Federal Government.
(2) The critical information needed by engineers, certified
planners, Federal, State, and local governments, and other
persons charged with infrastructure upgrades and maintenance to
better address the impacts and risks of climate change over the
lifetime of infrastructure projects.
(3) With respect to Federal investment and planning for
infrastructure, how to select an appropriate, adaptive
engineering design for a range of future climate scenarios.
(4) How to incentivize and incorporate transportation
systems thinking, considering how various transportation and
infrastructure projects are linked together in a metropolitan
region or community, into regional planning and engineering
design to ensure the social, economic, and environmental
benefits of transportation and infrastructure projects are
maximized.
(5) With respect to Federal investment and planning for
infrastructure, how to take account of the risks of cascading
infrastructure failures and develop more holistic and equitable
approaches to evaluating and mitigating risks of climate
change.
(6) How to ensure that Federal investments in
infrastructure resilience benefit all communities, including
communities of color, low-income communities, Tribal
communities, and other communities that face a disproportionate
risk from climate change and may have experienced long-standing
unmet needs and underinvestment in critical infrastructure.
(7) How Federal agencies can track and monitor federally-
funded climate resilient infrastructure in a coordinated
fashion to--
(A) help build an understanding of the costs and
benefits of climate resilient infrastructure;
(B) build the capacity for climate resilient
infrastructure; and
(C) plan for investments for the future.
(d) Coordination and Considerations.--In carrying out its duties,
the Working Group shall--
(1) coordinate with other Federal climate change adaptation
planning efforts and strategies that advance reliability and
safety in infrastructure, including the Mitigation Framework
Leadership Group and the National Mitigation Investment
Strategy; and
(2) consider and build upon existing information relating
to climate change, including information from the most recent
National Climate Assessment.
(e) Public Input.--In carrying out its duties, the Working Group
shall, prior to submission of a draft report under subsection (f),
engage in a public stakeholder process by--
(1) holding regional public meetings with key stakeholders,
including climate experts, infrastructure experts, State,
local, and community groups, and infrastructure finance and
insurance experts; and
(2) providing the public an opportunity to provide views,
for a period of at least 60 days, to the Working Group
regarding the best way to incorporate scientific data regarding
the projected impacts and risks of climate change into
infrastructure planning, design, engineering, construction,
operation, and maintenance that is funded by the Federal
Government.
(f) Preliminary Recommendations.--
(1) Submission.--Not later than 1 year after the date of
enactment of this Act, the Working Group shall submit to the
President and Congress a draft report that includes preliminary
recommendations addressing the each of the matters described in
subsection (c).
(2) Public comment.--The Working Group shall make draft
report submitted under paragraph (1) available to the public
for comment for a period of not less than 60 days prior to
submission of the final report under subsection (g).
(g) Final Recommendations.--Not later than 2 years after the date
of enactment of this Act, the Working Group shall submit to the
President and Congress a final report that includes recommendations--
(1) addressing each of the matters described in subsection
(c);
(2) addressing critical information gaps and challenges
identified by the Working Group;
(3) for financing options for Federal, State, local,
Tribal, and territorial governments to help fund climate-
resilient infrastructure;
(4) for a platform or process to facilitate communication
between climate scientists, infrastructure planners, engineers,
and other relevant experts;
(5) for a stakeholder process--
(A) to engage with representatives of State, local,
Tribal, territorial, and community groups regarding the
specific challenges and inequities faced by
historically marginalized communities; and
(B) to provide outreach and education, shared
knowledge, and lessons learned about climate-resilient
infrastructure; and
(6) for a platform for tracking Federal funding of climate-
resilient infrastructure.
SEC. 1654. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
(a) Addressing All Users Equally.--The Secretary shall ensure that
current and future editions of the Manual on Uniform Traffic Control
Devices address all users equally, including vulnerable road users such
as pedestrians and cyclists.
(b) Timing of Regular Updates.--Pursuant to the authority granted
the Secretary in section 109 of title 23, United States Code, the
Secretary shall review the existing guidance for when updates to the
Manual on Uniform Traffic Control Devices occur and make any
adjustments to that guidance needed to ensure the Secretary is timely
updating the Manual on Uniform Traffic Control Devices to take into
account advances in design standards, road markings, and traffic
devices. The Secretary shall consider requiring that the Manual on
Uniform Traffic Control Devices be reviewed at least once every 4 years
for any necessary updates.
SEC. 1655. DBE REPORT.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall submit to Congress,
and make available to the public, a report analyzing the Department of
Transportation's performance measured against the 8 objectives of the
Disadvantaged Business Enterprises Program under section 26.1 of title
49, Code of Federal Regulations. The report shall identify and provide
a list of recipients of Department of Transportation funds, such
recipient's overall annual Disadvantaged Business Enterprise goals
(disaggregated by percentage and dollar value), and the information
submitted in sections A and B of such recipient's respective Uniform
Reports of DBE Awards, Commitments, and Payments for the previous 5
years.
SEC. 1656. STUDY ON IMPACT OF AIR POLLUTION FROM VEHICLES IDLING IN
SCHOOL ZONES.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services and the Administrator of the
Environmental Protection Agency, acting jointly, shall--
(1) complete a study on the impacts on the health of
children related to the emission of air pollutants from school
buses and other vehicles idling in school zones; and
(2) submit a report to the Congress on the results of such
study.
SEC. 1657. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM.
Public Law 88-657 (16 U.S.C. 532 et seq.) (commonly known as the
``Forest Roads and Trails Act'') is amended by adding at the end the
following:
``SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM.
``(a) Establishment.--The Secretary shall establish the Forest
Service Legacy Roads and Trails Remediation Program (referred to in
this section as `the Program').
``(b) Administration.--The Program shall be administered by the
Secretary, acting through the Chief of the Forest Service.
``(c) Activities.--In carrying out the Program, the Secretary
shall, taking into account predicted changes in weather and hydrology
related to global climate change--
``(1) carry out storm damage risk reduction, including
deferred maintenance, repairs, road and trail relocation, and
associated activities on National Forest System roads, National
Forest System trails, and tunnels and bridges under the
jurisdiction of the Forest Service;
``(2) restore waterways and natural migration for fish and
other aquatic species by removing, repairing, or replacing
culverts or other infrastructure from such waterways; and
``(3) decommission National Forest System roads and
unauthorized roads and trails under National Forest System
jurisdiction in accordance with subsection (f).
``(d) Priority.--In implementing the Program, the Secretary shall
give priority to projects that protect or restore--
``(1) water quality and watershed function;
``(2) a watershed that supplies a public drinking water
system;
``(3) the habitat of a threatened, endangered, or sensitive
fish or wildlife species, or species of conservation concern;
or
``(4) a watershed for which the Secretary has completed a
watershed protection and restoration action plan pursuant to
section 304 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6543).
``(e) National Forest System.--Except with respect to a project
carried out on a watershed for which the Secretary has a cooperative
agreement under section 323 of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011a), each
project carried out under this section shall be on a National Forest
System road, National Forest System trail, or unauthorized road or
trail under National Forest System jurisdiction.
``(f) Unneeded National Forest System Roads.--As soon as
practicable after identifying a road as unneeded under subpart A of
part 212 of title 36, Code of Federal Regulations (as in effect on the
date of the enactment of this section), the Secretary shall--
``(1) decommission such road; or
``(2) convert such road to a system trail.
``(g) Review; Revision.--The Secretary shall review, and may
revise, an identification made under subpart A of part 212 of title 36
Code of Federal Regulations (as in effect on the date of enactment of
this section).
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2021 through 2030.''.
SEC. 1658. COMPTROLLER GENERAL REPORT ON HIGH-SPEED INTERNET
CONNECTIVITY IN FEDERALLY-ASSISTED HOUSING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on broadband service in Federally-assisted
housing.
(b) Contents.--The report required under subsection (a) shall
include--
(1) an analysis of Federally-assisted housing units that
have access to broadband service and the number of such units
that do not have access to broadband service, disaggregated by
State, county, and congressional district, that includes
geographic information and any Federal agency responsible for
such units;
(2) an analysis of which such units are not currently
capable of supporting broadband service deployment and would
require retrofitting to support broadband service deployment,
disaggregated by State, county, and congressional district,
that includes geographic information and any Federal agency
responsible for such units;
(3) an analysis of the estimated costs and timeframe
necessary for retrofitting buildings to achieve 100 percent
access to broadband service;
(4) an analysis of the challenges to more widespread
deployment of broadband service, including the comparative
markets dynamics to expansion in rural areas and low-income
urban areas, and the challenges to pursuing retrofits to
achieve 100 percent access to broadband service;
(5) descriptions of lessons learned from previous
retrofitting actions;
(6) an evaluation of the ConnectHome pilot program of the
Secretary of Housing and Urban Development; and
(7) recommendations for Congress for achieving 100 percent
access to broadband service in Federally-assisted housing.
(c) Definitions.--In this section:
(1) Broadband service.--The term ``broadband service'' has
the meaning given the term ``broadband internet access
service'' in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
(2) Federally-assisted housing.--In this section, the term
``Federally-assisted housing'' means--
(A) any single-family or multifamily housing that
is assisted under a program administered by the
Secretary of Housing and Urban Development or the
Secretary of Agriculture; or
(B) housing eligible for a Federal low-income
housing tax credit.
SEC. 1659. HISTORIC PRESERVATION FUND.
Section 303102 of title 54, United States Code, is amended by--
(1) striking ``of fiscal years 2012 to 2023'' and inserting
``fiscal year''; and
(2) striking ``$150,000,000'' and inserting
``$300,000,000''.
SEC. 1660. HOV FACILITY REVIEW.
Section 166 of title 23, United States Code, is further amended by
adding at the end the following:
``(h) Review and Removal.--If the Secretary of Transportation
determines appropriate, 10 years after construction of an HOV facility
operated in compliance with this section, a State may--
``(1) conduct a review of such facility; and
``(2) remove such facility and repay any funds associated
with such facility.''.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
SEC. 2101. AUTHORIZATIONS.
(a) In General.--Section 5338 of title 49, United States Code, is
amended to read as follows:
``Sec. 5338. Authorizations
``(a) Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections
5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328,
5335, 5337, 5339, and 5340--
``(A) $17,894,460,367 for fiscal year 2023;
``(B) $18,201,940,770 for fiscal year 2024;
``(C) $18,551,676,708 for fiscal year 2025; and
``(D) $18,901,573,693 for fiscal year 2026.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $189,879,151 for fiscal year 2023,
$192,841,266 for fiscal year 2024, $195,926,726 for
fiscal year 2025, and $199,002,776 for fiscal year
2026, shall be available to carry out section 5305;
``(B) $7,505,830,848 for fiscal year 2023,
$7,622,921,809 for fiscal year 2024, $7,744,888,558 for
fiscal year 2025, and $7,866,483,309 for fiscal year
2026 shall be allocated in accordance with section 5336
to provide financial assistance for urbanized areas
under section 5307;
``(C) $101,510,000 for fiscal year 2023,
$103,093,556 for fiscal year 2024, $104,743,053 for
fiscal year 2025, and $106,387,519 for fiscal year 2026
shall be available for grants under section 5308;
``(D) $434,830,298 for fiscal year 2023,
$441,613,651 for fiscal year 2024, $448,679,469 for
fiscal year 2025, and $455,723,737 for fiscal year 2026
shall be available to carry out section 5310, of which
not less than--
``(i) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024, $5,237,153 for
fiscal year 2025, and $5,319,376 for fiscal
year 2026 shall be available to carry out
section 5310(j); and
``(ii) $20,302,000 for fiscal year 2023,
$20,618,711 for fiscal year 2024, $20,948,611
for fiscal year 2025, and $21,277,504 for
fiscal year 2026 shall be available to carry
out section 5310(k);
``(E) $1,025,199,724 for fiscal year 2023,
$1,041,192,839 for fiscal year 2024, $1,057,851,925 for
fiscal year 2025, and $1,074,460,200 for fiscal year
2026 shall be available to carry out section 5311, of
which not less than--
``(i) $55,679,500 for fiscal year 2023,
$56,392,100 for fiscal year 2024, $57,134,374
for fiscal year 2025, and $57,874,383 for
fiscal year 2026 shall be available to carry
out section 5311(c)(1); and
``(ii) $50,755,000 for fiscal year 2023,
$51,546,778 for fiscal year 2024, $52,371,526
for fiscal year 2025, and $53,193,759 for
fiscal year 2026 shall be available to carry
out section 5311(c)(2);
``(F) $53,498,300 for fiscal year 2023; $54,020,873
for fiscal year 2024; $54,565,207 for fiscal year 2025;
$55,107,881 for fiscal year 2026 shall be available to
carry out section 5312, of which not less than--
``(i) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024, $5,237,153 for
fiscal year 2025, and $5,319,376 for fiscal
year 2026 shall be available to carry out each
of sections 5312(d)(3) and 5312(d)(4);
``(ii) $3,045,300 for fiscal year 2023,
$3,092,807 for fiscal year 2024, $3,142,292 for
fiscal year 2025, and $3,191,626 for fiscal
year 2026 shall be available to carry out
section 5312(h);
``(iii) $10,151,000 for fiscal year 2023,
$10,309,356 for fiscal year 2024, $10,474,305
for fiscal year 2025, and $10,638,752 for
fiscal year 2026 shall be available to carry
out section 5312(i); and
``(iv) $10,075,500 for fiscal year 2023,
$10,154,678 for fiscal year 2024, $10,237,153
for fiscal year 2025, and $10,319,376 shall be
available to carry out section 5312(j);
``(G) $23,347,300 for fiscal year 2023, $23,711,518
for fiscal year 2024, $24,090,902 for fiscal year 2025,
and $24,469,129 for fiscal year 2026 shall be available
to carry out section 5314, of which not less than--
``(i) $4,060,400 for fiscal year 2023,
$4,123,742 for fiscal year 2024, $4,189,722 for
fiscal year 2025, and $4,255,501 for fiscal
year 2026 shall be available to carry out
section of 5314(a);
``(ii) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024, $5,237,153 for
fiscal year 2025, and $5,319,376 for fiscal
year 2026 shall be available to carry out
section 5314(c); and
``(iii) $12,181,200 for fiscal year 2023,
$12,371,227 for fiscal year 2024, $12,569,166
for fiscal year 2025, and $12,766,502 for
fiscal year 2026 shall be available to carry
out section 5314(b)(2);
``(H) $5,075,500 for fiscal year 2023, $5,154,678
for fiscal year 2024, $5,237,153 for fiscal year 2025,
and $5,319,376 for fiscal year 2026 shall be available
to carry out section 5318;
``(I) $30,453,000 for fiscal year 2023, $30,928,067
for fiscal year 2024, $31,422,916 for fiscal year 2025,
and $31,916,256 for fiscal year 2026 shall be available
to carry out section 5328, of which not less than--
``(i) $25,377,500 for fiscal year 2023,
$25,773,389 for fiscal year 2024, $26,185,763
for fiscal year 2025, and $26,596,880 for
fiscal year 2026 shall be available to carry
out section of 5328(b); and
``(ii) $2,537,750 for fiscal year 2023,
$2,577,339 for fiscal year 2024, $2,618,576 for
fiscal year 2025, and $2,659,688 for fiscal
year 2026 shall be available to carry out
section 5328(c);
``(J) $4,060,400 for fiscal year 2023, $4,123,742
for fiscal year 2024, $4,189,722 for fiscal year 2025,
and $4,255,501 for fiscal year 2026 shall be available
to carry out section 5335;
``(K) $5,366,233,728 for fiscal year 2023,
$5,460,789,084 for fiscal year 2024, $5,560,170,578 for
fiscal year 2025, and $5,660,288,417 for fiscal year
2026 shall be available to carry out section 5337;
``(L) to carry out the bus formula program under
section 5339(a)--
``(i) $1,240,328,213 for fiscal year 2023,
$1,259,667,334 for fiscal year 2024,
$1,279,832,171 for fiscal year 2025, and
$1,299,925,536 for fiscal year 2026; except
that
``(ii) 15 percent of the amounts under
clause (i) shall be available to carry out
5339(d);
``(M) $437,080,000 for fiscal year 2023,
$424,748,448 for fiscal year 2024, $387,944,423 for
fiscal year 2025, and $351,100,151 for fiscal year 2026
shall be available to carry out section 5339(b);
``(N) $890,000,000 for fiscal year 2023,
$950,000,000 for fiscal year 2024, $1,065,000,000 for
fiscal year 2025, and $1,180,000,000 for fiscal year
2026 shall be available to carry out section 5339(c);
and
``(O) $587,133,905 for each of fiscal years 2023
through 2026 shall be available to carry out section
5340 to provide financial assistance for urbanized
areas under section 5307 and rural areas under section
5311, of which--
``(i) $309,688,908 for each of fiscal years
2023 through 2026 shall be for growing States
under section 5340(c); and
``(ii) $277,444,997 for each of fiscal
years 2023 through 2026 shall be for high
density States under section 5340(d).
``(b) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309 $3,500,000,000 for fiscal year
2023, $4,250,000,000 for fiscal year 2024, $5,000,000,000 for fiscal
year 2025, and 5,500,000,000 for fiscal year 2026.
``(c) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $142,060,785 for fiscal year 2023,
$144,191,696 for fiscal year 2024, $146,412,248 for fiscal year
2025, and 148,652,356 for fiscal year 2026.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $6,000,000 for
each of fiscal years 2023 through 2026 shall be available to
carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (2), not less than $2,500,000 for each of fiscal
years 2023 through 2026 shall be available to carry out section
5326.
``(d) Oversight.--
``(1) In general.--Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described in
paragraph (2):
``(A) 0.5 percent of amounts made available to
carry out section 5305.
``(B) 0.75 percent of amounts made available to
carry out section 5307.
``(C) 1 percent of amounts made available to carry
out section 5309.
``(D) 1 percent of amounts made available to carry
out section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 126 Stat.
4968).
``(E) 0.5 percent of amounts made available to
carry out section 5310.
``(F) 0.5 percent of amounts made available to
carry out section 5311.
``(G) 1 percent of amounts made available to carry
out section 5337, of which not less than 25 percent of
such amounts shall be available to carry out section
5329 and of which not less than 10 percent of such
amounts shall be made available to carry out section
5320.
``(H) 1 percent of amounts made available to carry
out section 5339 of which not less than 10 percent of
such amounts shall be made available to carry out
section 5320.
``(I) 1 percent of amounts made available to carry
out section 5308.
``(2) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a
major capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial
compliance of a recipient or subrecipient of funds
under this chapter.
``(C) Activities to provide technical assistance
generally, and to provide technical assistance to
correct deficiencies identified in compliance reviews
and audits carried out under this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the Secretary
before allocating the funds appropriated to carry out any
project under a full funding grant agreement.
``(e) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of the
cost of the project.
``(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts from future appropriations from the general fund of the
Treasury pursuant to this section is a contractual obligation
of the Government to pay the Government share of the cost of
the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
``(f) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until expended.
``(g) Limitation on Financial Assistance for State-Owned
Enterprises.--
``(1) In general.--Funds provided under this section may
not be used in awarding a contract, subcontract, grant, or loan
to an entity that is owned or controlled by, is a subsidiary
of, or is otherwise related legally or financially to a
corporation based in a country that--
``(A) is identified as a nonmarket economy country
(as defined in section 771(18) of the Tariff Act of
1930 (19 U.S.C. 1677(18))) as of the date of enactment
of the INVEST in America Act;
``(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
``(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include a
minority relationship or investment.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.''.
(b) Conforming Amendments.--
(1) Section 5312(i)(1) of title 49, United States Code, is
amended by striking ``5338(a)(2)(G)(ii)'' and inserting
``5338(a)(2)(F)(iii)''.
(2) Section 5333(b) of title 49, United States Code, is
amended by striking ``5328, 5337, and 5338(b)'' each place it
appears and inserting ``and 5337''.
(3) Section 5336 of title 49, United States Code, is
amended in subsection (d)(1) by striking ``5338(a)(2)(C)'' and
inserting ``5338(a)(2)(B)''.
(4) Subsections (c) and (d)(1) of section 5327 of title 49,
United States Code, are amended by striking ``5338(f)'' and
inserting ``5338(d)''.
(5) Section 5340(b) of title 49, United States Code, is
amended by striking ``5338(b)(2)(N)'' and inserting
``5338(a)(2)(O)''.
SEC. 2102. CHAPTER 53 DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)(E)--
(A) by striking ``and the installation'' and
inserting ``, the installation''; and
(B) by inserting ``, charging stations and docks
for electric micromobility devices, and bikeshare
projects'' after ``public transportation vehicles'';
(2) in paragraph (3)--
(A) in subparagraph (G) by striking clause (iii)
and inserting the following:
``(iii) provides a fair share of revenue
established by the Secretary that will be used
for public transportation, except for a joint
development that is a community service (as
defined by the Federal Transit Administration),
publicly operated facility, or offers a minimum
of 50 percent of units as affordable housing,
meaning legally binding affordability
restricted housing units available to tenants
with incomes below 60 percent of the area
median income or owners with incomes below the
area median;'';
(B) in subparagraph (M) strike ``; or'' and insert
a semicolon;
(C) in subparagraph (N)--
(i) by striking ``no emission'' and
inserting ``zero emission''; and
(ii) by striking ``(as defined in section
5339(c)) or facilities.'' and inserting ``or
facilities; or''; and
(D) by adding at the end the following:
``(O) the employment of forensic consultants,
cybersecurity experts, or third-party penetration
testers to identify, evaluate, test, and patch
ransomware attack vulnerabilities.''; and
(3) by adding at the end the following:
``(25) Resilience.--
``(A) In general.--The term `resilience' means,
with respect to a facility, the ability to--
``(i) anticipate, prepare for, or adapt to
conditions; or
``(ii) withstand, respond to, or recover
rapidly from disruptions.
``(B) Inclusions.--Such term includes, with respect
to a facility, the ability to--
``(i) resist hazards or withstand impacts
from disruptions;
``(ii) reduce the magnitude, duration, or
impact of a disruption; or
``(iii) have the absorptive capacity,
adaptive capacity, and recoverability to
decrease vulnerability to a disruption.
``(26) Assault on a transit worker.--The term `assault on a
transit worker' means any circumstance in which an individual
knowingly, without lawful authority or permission, and with
intent to endanger the safety of any individual, or with a
reckless disregard for the safety of human life, interferes
with, disables, or incapacitates any transit worker while the
transit worker is performing his or her duties.''.
SEC. 2103. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking ``urban area'' and
inserting ``urbanized area'';
(B) by adding at the end the following:
``(3) Exceptions.--This subsection shall not apply to
financial assistance under this chapter--
``(A) in which the non-Federal share of project
costs are provided from amounts received under a
service agreement with a State or local social service
agency or private social service organization pursuant
to section 5307(d)(3)(E) or section 5311(g)(3)(C);
``(B) provided to a recipient or subrecipient whose
sole receipt of such assistance derives from section
5310; or
``(C) provided to a recipient operating a fixed
route service that is--
``(i) for a period of less than 15 days;
``(ii) accessible to the public;
``(iii) contracted by a local government
entity that provides local cost share to the
recipient;
``(iv) not contracted for the purposes of a
convention or on behalf of a convention and
visitors bureau; and
``(v) limited to the service area in which
the recipient provides regularly scheduled
public transportation service.
``(4) Guidelines.--The Secretary shall publish guidelines
for grant recipients and private bus operators that clarify
when and how a transit agency may provide the service in the
event a registered charter provider does not contact the
customer, provide a quote, or provide the service.'';
(2) in subsection (h)--
(A) in paragraph (1) by adding ``or'' at the end;
and
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2);
(3) by striking subsection (j) and inserting the following:
``(j) Reporting Accessibility Complaints.--
``(1) In general.--The Secretary shall ensure that an
individual who believes that he or she, or a specific class in
which the individual belongs, has been subjected to
discrimination on the basis of disability by a State or local
governmental entity, private nonprofit organization, or Tribe
that operates a public transportation service and is a
recipient or subrecipient of funds under this chapter, may, by
the individual or by an authorized representative, file a
complaint with the Department of Transportation.
``(2) Procedures.--Not later than 1 year after the date of
enactment of the INVEST in America Act, the Secretary shall
implement procedures that allow an individual to submit a
complaint described in paragraph (1) by phone, mail-in form,
and online through the website of the Office of Civil Rights of
the Federal Transit Administration.
``(3) Notice to individuals with disabilities.--Not later
than 12 months after the date of enactment of the INVEST in
America Act, the Secretary shall require that each public
transit provider and contractor providing paratransit services
shall include on a publicly available website of the service
provider, any related mobile device application, and online
service--
``(A) notice that an individual can file a
disability-related complaint with the local transit
agency and the process and any timelines for filing
such a complaint;
``(B) the telephone number, or a comparable
electronic means of communication, for the disability
assistance hotline of the Office of Civil Rights of the
Federal Transit Administration;
``(C) notice that a consumer can file a disability
related complaint with the Office of Civil Rights of
the Federal Transit Administration; and
``(D) an active link to the website of the Office
of Civil Rights of the Federal Transit Administration
for an individual to file a disability-related
complaint.
``(4) Investigation of complaints.--Not later than 60 days
after the last day of each fiscal year, the Secretary shall
publish a report that lists the disposition of complaints
described in paragraph (1), including--
``(A) the number and type of complaints filed with
Department of Transportation;
``(B) the number of complaints investigated by the
Department;
``(C) the result of the complaints that were
investigated by the Department including whether the
complaint was resolved--
``(i) informally;
``(ii) by issuing a violation through a
noncompliance Letter of Findings; or
``(iii) by other means, which shall be
described; and
``(D) if a violation was issued for a complaint,
whether the Department resolved the noncompliance by--
``(i) reaching a voluntary compliance
agreement with the entity;
``(ii) referring the matter to the Attorney
General; or
``(iii) by other means, which shall be
described.
``(5) Report.--The Secretary shall, upon implementation of
this section and annually thereafter, submit to the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Banking, Housing, and Urban
Affairs of the Senate, and make publicly available a report
containing the information collected under this section.'';
(4) by striking subsection (m) and inserting the following:
``(m) Preaward and Postdelivery Review of Rolling Stock
Purchases.--The Secretary shall prescribe regulations requiring a
preaward and postdelivery review of a grant under this chapter to buy
rolling stock to ensure compliance with bid specifications requirements
of grant recipients under this chapter. Under this subsection, grantee
inspections and review are required, and a manufacturer certification
is not sufficient.''; and
(5) by amending subsection (r) to read as follows:
``(r) Reasonable Access to Public Transportation Facilities.--
``(1) In general.--A recipient of assistance under this
chapter--
``(A) may not deny reasonable access for a private
intercity or charter transportation operator to
federally funded public transportation facilities,
including intermodal facilities, park and ride lots,
and bus-only highway lanes; and
``(B) shall respond to any request for reasonable
access within 75 days of the receipt of the request
and, if a recipient of assistance under this chapter
denies access to a private intercity or charter
transportation operator based on the reasonable access
standards, provide, in writing, the reasons for the
denial.
``(2) Determining reasonable access.--In determining
reasonable access under paragraph (1)(A), capacity requirements
of the recipient of assistance and the extent to which access
would be detrimental or beneficial to existing public
transportation services must be considered and demographic
makeup of the riders of a private intercity or charter
transportation operator may not be cited as a detriment to the
provision of access.
``(3) Notification.--If a private intercity or charter
transportation operator requesting access under this subsection
is denied such access by a recipient of assistance under this
chapter or does not receive a written response within 75 days
of submitting the request, such operator may notify the
Secretary for purposes of inclusion in the report under
paragraph (4).
``(4) Report to congress.--The Secretary shall annually
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report listing each
instance reported under paragraph (3) in which--
``(A) a private intercity or charter transportation
operator requested reasonable access and was denied,
and the reasons provided by the recipient of assistance
under this chapter for the denial; and
``(B) a recipient of assistance under this chapter
did not respond to a request for reasonable access
within 75 days.''.
SEC. 2104. MISCELLANEOUS PROVISIONS.
(a) State of Good Repair Grants.--Section 5337(e) of title 49,
United States Code, is amended by adding at the end the following:
``(3) Accessibility costs.--Notwithstanding paragraph (1),
the Federal share of the net project cost of a project to
provide accessibility improvements consistent with standards in
compliance with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) shall be 90 percent.''.
(b) Apportionments Based on Growing States and High Density States
Formula Factors.--Section 5340(a) of title 49, United States Code, is
amended by inserting ``and the District of Columbia'' after ``United
States''.
(c) Technical Assistance and Workforce Development.--Section 5314
of title 49, United States Code, is amended--
(1) in subsection (a)(1)(B)--
(A) in clause (i) by striking ``; and'' and
inserting a semicolon;
(B) in clause (ii) by striking ``and vehicle
electronics.'' and inserting ``cybersecurity and
mitigating the threat of ransomware, and vehicle
electronics; and''; and
(C) by adding at the end the following:
``(iii) technical assistance to assist
recipients with the impacts of a new census
count.'';
(2) in subsection (a)(2)--
(A) by redesignating subparagraphs (H) and (I) as
subparagraphs (J) and (K), respectively; and
(B) by inserting after subparagraph (G) the
following:
``(H) cybersecurity and mitigating the threat of
ransomware;'';
(3) in subsection (b)(1)(B) by striking ``females'' and
inserting ``women''; and
(4) in subsection (c)(4)(A) by inserting ``, and not more
than 2 percent of amounts under 5311,'' after ``5339''.
(d) National Transit Database.--Section 5335 of title 49, United
States Code, is amended--
(1) in subsection (a) by inserting ``, including
information on transit routes and ridership on those routes''
after ``public sector investment decision''; and
(2) in subsection (c) by inserting ``, any data on each
assault on a transit worker, and pedestrian injuries and
fatalities as a result of an impact with a bus. Each of the
data sets shall be publicly reported without aggregating the
data with other safety data'' after ``by the recipient''.
(e) Urbanized Area Formula Grants.--Section 5307 of title 49,
United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (i) by striking ``or'' at the end;
and
(B) by adding at the end the following:
``(iii) operate a minimum of 101 buses and
a maximum of 125 buses in fixed route service
or demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 25
percent of the share of the apportionment which
is attributable to such systems within the
urbanized area, as measured by vehicle revenue
hours; or'';
(2) in subsection (a)(2)(B)--
(A) in clause (i) by striking ``or'' at the end;
(B) in clause (ii) by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(iii) operate a minimum of 101 buses and
a maximum of 125 buses in fixed route service
or demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 25
percent of the share of the apportionment
allocated to such systems within the urbanized
area, as determined by the local planning
process and included in the designated
recipient's final program of projects prepared
under subsection (b).''; and
(3) in subsection (b)--
(A) in paragraph (6) by striking ``and'' at the
end;
(B) by redesignating paragraph (7) as paragraph
(8); and
(C) by inserting after paragraph (6) the following:
``(7) ensure that the proposed program of projects provides
improved access to transit for the individuals described in
section 5336(j); and''.
(f) Technical Correction.--Section 5307(a)(2)(B)(ii) of title 49,
United States Code, is amended by striking ``service during peak'' and
inserting ``service, during peak''.
(g) Transportation Development Credits as Local Match.--
(1) Section 5307.--Section 5307(d)(3) of title 49, United
States Code, is amended--
(A) in subparagraph (D) by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) transportation development credits.''.
(2) Section 5309.--Section 5309 of title 49, United States
Code, is amended--
(A) in subsection (f) by adding at the end the
following:
``(3) Transportation development credits.--For purposes of
assessments and determinations under this subsection or
subsection (h), transportation development credits that are
included as a source of local financing or match shall be
treated the same as other sources of local financing.''; and
(B) in subsection (l)(4)--
(i) in subparagraph (B) by striking ``;
or'' and inserting a semicolon;
(ii) in subparagraph (C) by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) transportation development credits; or''.
(3) Section 5339.--Section 5339(a)(7)(B) of title 49,
United States Code, is amended--
(A) in clause (iv) by striking ``; or'' and
inserting a semicolon;
(B) in clause (v) by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(vi) transportation development
credits.''.
(h) Clarification of Incidental Use.--Section 5310(b)(7) of title
49, United States Code, is amended--
(1) in the header by inserting ``and incidental use'' after
``individuals'';
(2) by inserting ``or providing other incidental services''
after ``individuals''; and
(3) by striking ``delivery service does not conflict'' and
inserting ``service does not conflict''.
SEC. 2105. POLICIES AND PURPOSES.
Section 5301(b) of title 49, United States Code, is amended--
(1) in paragraph (7) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (8) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(9) reduce the contributions of the surface
transportation system to the total carbon pollution of the
United States; and
``(10) improve the resiliency of the public transportation
network to withstand weather events and other natural
disasters.''.
SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS.
For fiscal years 2022 and 2023, the Secretary of Transportation
shall apportion and distribute formula funds provided for under chapter
53 of title 49, United States Code, using data submitted to the 2019
National Transit Database.
SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING.
Section 5303 of title 49, United States Code, is further amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility needs of
people and freight, foster economic growth and development
within and between States and urbanized areas, and take into
consideration resiliency and climate change adaptation needs
while reducing transportation-related fuel consumption, air
pollution, and greenhouse gas emissions through metropolitan
and statewide transportation planning processes identified in
this chapter; and''.
(2) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) STIP.--The term `STIP' means a statewide
transportation improvement program developed by a State under
section 135(g).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``and
transportation improvement programs'' and inserting
``and TIPs''; and
(B) by adding at the end the following:
``(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider direct and
indirect emissions of greenhouse gases.'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of the Federal Public
Transportation Act of 2012, each'' and inserting
``Each'';
(B) in paragraph (3) by adding at the end the
following:
``(D) Equitable and proportional representation.--
``(i) In general.--For officials or
representatives under paragraph (2), the
metropolitan planning organization shall ensure
the equitable and proportional representation
of the population of the metropolitan planning
area.
``(ii) Savings clause.--Nothing in this
paragraph shall require a metropolitan planning
organization in existence on the date of
enactment of this subparagraph to be
restructured.
``(iii) Redesignation.--Notwithstanding
clause (ii), the requirements of this paragraph
shall apply to any metropolitan planning
organization redesignated under paragraph
(6).'';
(C) in paragraph (6)(B) by striking ``paragraph
(2)'' and inserting ``paragraphs (2) or (3)(D)''; and
(D) in paragraph (7)--
(i) by striking ``an existing metropolitan
planning area'' and inserting ``an urbanized
area''; and
(ii) by striking ``the existing
metropolitan planning area'' and inserting
``the area'';
(5) in subsection (g)--
(A) in paragraph (1) by striking ``a metropolitan
area'' and inserting ``an urbanized area'';
(B) in paragraph (2) by striking ``Mpos'' and
inserting ``Metropolitan planning areas'';
(C) in paragraph (3)(A) by inserting ``emergency
response and evacuation, climate change adaptation and
resilience,'' after ``disaster risk reduction,''; and
(D) by adding at the end the following:
``(4) Coordination between mpos.--
``(A) In general.--If more than one metropolitan
planning organization is designated within an urbanized
area under subsection (d)(7), the metropolitan planning
organizations designated within the area shall ensure,
to the maximum extent practicable, the consistency of
any data used in the planning process, including
information used in forecasting transportation demand.
``(B) Savings clause.--Nothing in this paragraph
requires metropolitan planning organizations designated
within a single urbanized area to jointly develop
planning documents, including a unified long-range
transportation plan or unified TIP.'';
(6) in subsection (h)(1)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) protect and enhance the environment, promote
energy conservation, reduce greenhouse gas emissions,
improve the quality of life and public health, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns, including housing and land use
patterns;'';
(B) in subparagraph (H) by striking ``and'' at the
end;
(C) in subparagraph (I) by striking the period at
the end and inserting ``and reduce or mitigate
stormwater, sea level rise, extreme weather, and
climate change impacts of surface transportation;'';
and
(D) by inserting after subparagraph (I) the
following:
``(J) support emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access; and
``(L) support inclusive zoning policies and land
use planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households.'';
(7) in subsection (h)(2) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a
performance-based approach, transportation investment
decisions made as a part of the metropolitan
transportation planning process shall support the
national goals described in section 150(b) of title 23,
the achievement of metropolitan and statewide targets
established under section 150(d) of title 23, the
improvement of transportation system access (consistent
with section 150(f)) of title 23, and the general
purposes described in section 5301 of this title.'';
(8) in subsection (i)--
(A) in paragraph (2)(D)(i) by inserting ``reduce
greenhouse gas emissions and'' before ``restore and
maintain'';
(B) in paragraph (2)(G) by inserting ``and climate
change'' after ``infrastructure to natural disasters'';
(C) in paragraph (2)(H) by inserting ``greenhouse
gas emissions,'' after ``pollution,'';
(D) in paragraph (5)--
(i) in subparagraph (A) by inserting ``air
quality, public health, housing,
transportation, resilience, hazard mitigation,
emergency management,'' after
``conservation,''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Issues.--The consultation shall involve, as
appropriate, comparison of transportation plans to
other relevant plans, including, if available--
``(i) State conservation plans or maps; and
``(ii) inventories of natural or historic
resources.''; and
(E) by amending paragraph (6)(C) to read as
follows:
``(C) Methods.--
``(i) In general.--In carrying out
subparagraph (A), the metropolitan planning
organization shall, to the maximum extent
practicable--
``(I) hold any public meetings at
convenient and accessible locations and
times;
``(II) employ visualization
techniques to describe plans; and
``(III) make public information
available in electronically accessible
format and means, such as the internet,
as appropriate to afford reasonable
opportunity for consideration of public
information under subparagraph (A).
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the metropolitan
planning organization shall, to the maximum
extent practicable--
``(I) use virtual public
involvement, social media, and other
web-based tools to encourage public
participation and solicit public
feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(9) in subsection (j) by striking ``transportation
improvement program'' and inserting ``TIP'' each place it
appears; and
(10) by striking ``Federally'' each place it appears and
inserting ``federally''.
SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 5304 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (2)--
(i) by striking ``The statewide
transportation plan and the'' and inserting the
following:
``(A) In general.--The statewide transportation
plan and the'';
(ii) by striking ``transportation
improvement program'' and inserting ``STIP'';
and
(iii) by adding at the end the following:
``(B) Consideration.--In developing the statewide
transportation plans and STIPs, States shall consider
direct and indirect emissions of greenhouse gases.'';
and
(C) in paragraph (3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by inserting ``reduce
greenhouse gas emissions,'' after
``promote energy conservation,'';
(II) by inserting ``and public
health'' after ``improve the quality of
life''; and
(III) by inserting ``, including
housing and land use patterns'' after
``economic development patterns'';
(ii) in subparagraph (H) by striking
``and'';
(iii) in subparagraph (I) by striking the
period at the end and inserting ``and reduce or
mitigate stormwater, sea level rise, extreme
weather, and climate change impacts of surface
transportation;''; and
(iv) by adding at the end the following:
``(J) facilitate emergency management, response,
and evacuation and hazard mitigation;
``(K) improve the level of transportation system
access; and
``(L) support inclusive zoning policies and land
use planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households.'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a
performance-based approach, transportation investment
decisions made as a part of the statewide
transportation planning process shall support--
``(i) the national goals described in
section 150(b) of title 23;
``(ii) the consideration of transportation
system access (consistent with section 150(f)
of title 23);
``(iii) the achievement of statewide
targets established under section 150(d) of
title 23; and
``(iv) the general purposes described in
section 5301 of this title.''; and
(ii) in subparagraph (D) by striking
``statewide transportation improvement
program'' and inserting ``STIP''; and
(C) in paragraph (3) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(3) in subsection (e)(3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(4) in subsection (f)--
(A) in paragraph (2)(D)--
(i) in clause (i) by inserting ``air
quality, public health, housing,
transportation, resilience, hazard mitigation,
emergency management,'' after
``conservation,''; and
(ii) by amending clause (ii) to read as
follows:
``(ii) Comparison and consideration.--
Consultation under clause (i) shall involve the
comparison of transportation plans to other
relevant plans and inventories, including, if
available--
``(I) State and tribal conservation
plans or maps; and
``(II) inventories of natural or
historic resources.'';
(B) in paragraph (3)(B)--
(i) by striking ``In carrying out'' and
inserting the following:
``(i) In general.--In carrying out'';
(ii) by redesignating clauses (i) through
(iv) as subclauses (I) through (IV),
respectively; and
(iii) by adding at the end the following:
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the State shall,
to the maximum extent practicable--
``(I) use virtual public
involvement, social media, and other
web-based tools to encourage public
participation and solicit public
feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(C) in paragraph (4)(A) by inserting ``reduce
greenhouse gas emissions and'' after ``potential to'';
and
(D) in paragraph (8) by inserting ``including
consideration of the role that intercity buses may play
in reducing congestion, pollution, greenhouse gas
emissions, and energy consumption in a cost-effective
manner and strategies and investments that preserve and
enhance intercity bus systems, including systems that
are privately owned and operated'' after
``transportation system'';
(5) in subsection (g)--
(A) in paragraph (1)(A) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (5)--
(i) in subparagraph (A) by striking
``transportation improvement program'' and
inserting ``STIP'';
(ii) in subparagraph (B)(ii) by striking
``metropolitan transportation improvement
program'' and inserting ``TIP'';
(iii) in subparagraph (C) by striking
``transportation improvement program'' and
inserting ``STIP'' each place it appears;
(iv) in subparagraph (E) by striking
``transportation improvement program'' and
inserting ``STIP'';
(v) in subparagraph (F)(i) by striking
``transportation improvement program'' and
inserting ``STIP'' each place it appears;
(vi) in subparagraph (G)(ii) by striking
``transportation improvement program'' and
inserting ``STIP''; and
(vii) in subparagraph (H) by striking
``transportation improvement program'' and
inserting ``STIP'';
(C) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``transportation
improvement program'' and inserting
``STIP''; and
(II) by striking ``and projects
carried out under the bridge program or
the Interstate maintenance program
under title 23''; and
(ii) in subparagraph (B)--
(I) by striking ``or under the
bridge program or the Interstate
maintenance program''; and
(II) by striking ``statewide
transportation improvement program''
and inserting ``STIP'';
(D) in paragraph (7)--
(i) in the heading by striking
``Transportation improvement program'' and
inserting ``STIP''; and
(ii) by striking ``transportation
improvement program'' and inserting ``STIP'';
(E) in paragraph (8) by striking ``statewide
transportation plans and programs'' and inserting
``statewide transportation plans and STIPs''; and
(F) in paragraph (9) by striking ``transportation
improvement program'' and inserting ``STIP'';
(6) in subsection (h)(2)(A) by striking ``Not later than 5
years after the date of enactment of the Federal Public
Transportation Act of 2012,'' and inserting ``Not less
frequently than once every 4 years,'';
(7) in subsection (j) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears; and
(8) in subsection (l) by striking ``transportation
improvement programs'' and inserting ``STIPs''.
SEC. 2109. OBLIGATION LIMITATION.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit Account
of the Highway Trust Fund by subsection (a) of section 5338 of title
49, United States Code, shall not exceed--
(1) $17,894,460,367 for fiscal year 2023;
(2) $18,201,940,770 for fiscal year 2024;
(3) $18,551,676,708 for fiscal year 2025; and
(4) $18,901,573,693 for fiscal year 2026.
SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF FUNDS.
Section 5324 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded pursuant
to this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (a)(2); or
``(B) the date on which the President declared a
major disaster, as described in such subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the request
of the Governor of the State, issue an extension of not more
than 1 year to complete such advancement, and may issue
additional extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has provided
suitable justification to warrant an extension.''.
SEC. 2111. CERTIFICATION REQUIREMENTS.
The certification requirements described in section 661.12 of title
49, Code of Federal Regulations, shall, after the date of enactment of
this Act, include a certification that buses or other rolling stock
(including train control, communication and traction power equipment)
being procured do not contain or use any covered telecommunications
equipment or services, as such term is defined by section 889 of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
SEC. 2112. HOLD HARMLESS.
Notwithstanding any other provision of law, for fiscal years 2021
and 2022, the Secretary of Transportation shall allow project sponsors,
at the request of such sponsor, to submit ridership and service data
and projections collected before January 20, 2020 and projections based
on that data to determine project eligibility under section 5309 of
title 49, United States Code.
SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANSPORTATION.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit to Congress a
report that includes--
(1) a description of the challenges faced by each of the
populations described in subsection (b) when riding public
transportation; and
(2) recommendations to improve the accessibility of
federally-funded public transportation for the populations
described in subsection (b).
(b) Covered Populations.--The populations described in subsection
(a) shall be--
(1) pregnant women; and
(2) individuals living in areas of persistent poverty, as
such term is defined in section 172(l) of title 23, United
States Code, as added by this Act, and individuals that are
unbanked or underbanked.
SEC. 2114. FORMULA FUNDS FOR RURAL AREAS.
Section 5311(a)(1) of title 49, United States Code, is amended--
(1) by striking ``means a State'' and inserting the
following: ``means--
``(A) a State'';
(2) by striking ``Government.'' and inserting ``Government;
or''; and
(3) by adding at the end the following:
``(B) a State or local governmental entity that
operates a public transportation service and receives
and administers Federal transit program grant funds for
both rural and urban areas.''.
Subtitle B--Improving Frequency and Ridership
SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND RIDERSHIP COMPETITIVE
GRANTS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5307 the following new section:
``Sec. 5308. Multi-jurisdictional bus frequency and ridership
competitive grants
``(a) In General.--The Secretary shall make grants under this
section, on a competitive basis, to eligible recipients to increase the
frequency of bus service and the ridership of public transit buses.
``(b) Applications.--To be eligible for a grant under this section,
an eligible recipient shall submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require.
``(c) Application Timing.--Not later than 90 days after amounts are
made available to carry out this section, the Secretary shall solicit
grant applications from eligible recipients for projects described in
subsection (d).
``(d) Uses of Funds.--An eligible recipient of a grant under this
section shall use such grant for transportation capital projects that--
``(1) increase--
``(A) the frequency of bus service;
``(B) bus ridership; and
``(C) total person throughput; and
``(2) are consistent with, and as described in, the design
guidance issued by the National Association of City
Transportation Officials and titled `Transit Street Design
Guide'.
``(e) Grant Criteria.--In making grants under this section, the
Secretary shall consider the following:
``(1) Each eligible recipient's projected increase in bus
frequency.
``(2) Each eligible recipient's projected increase in bus
ridership.
``(3) Each eligible recipient's projected increase in total
person throughput.
``(4) The degree of regional collaboration described in
each eligible recipient's application, including collaboration
with--
``(A) a local government entity that operates a
public transportation service;
``(B) local government agencies that control street
design;
``(C) metropolitan planning organizations (as such
term is defined in section 5303); and
``(D) State departments of transportation.
``(f) Grant Timing.--The Secretary shall award grants under this
section not later than 120 days after the date on which the Secretary
completes the solicitation described in subsection (c).
``(g) Requirements of the Secretary.--In carrying out the program
under this section, the Secretary shall--
``(1) not later than the date described in subsection (c),
publish in the Federal Register a list of all metrics and
evaluation procedures to be used in making grants under this
section; and
``(2) publish in the Federal Register--
``(A) a summary of the final metrics and
evaluations used in making grants under this section;
and
``(B) a list of the ratings of eligible recipients
receiving a grant under this section based on such
metrics and evaluations.
``(h) Federal Share.--
``(1) In general.--The Federal share of the cost of a
project carried out under this section shall not exceed 80
percent.
``(2) Restriction on grant amounts.--The Secretary may make
a grant for a project under this section in an amount up to 150
percent of the amount--
``(A) provided for such project under title 23; and
``(B) provided for such project from non-Federal
funds budgeted for roadways.
``(i) Requirements of Section 5307.--Except as otherwise provided
in this section, a grant under this section shall be subject to the
requirements of section 5307.
``(j) Availability of Funds.--
``(1) In general.--Amounts made available to carry out this
section shall remain available for 4 fiscal years after the
fiscal year for which the amount was made available.
``(2) Unobligated amounts.--After the expiration of the
period described in paragraph (1) for an amount made available
to carry out this section, any unobligated amounts made
available to carry out this section shall be added to the
amounts made available for the following fiscal year.
``(k) Eligible Recipients.--In this section, the term `eligible
recipient' means a recipient of a grant under section 5307 in an
urbanized area with a population greater than 500,000.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5307 the following new item:
``5308. Multi-jurisdictional bus frequency and ridership competitive
grants.''.
SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FORMULA.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i) by striking ``95.61 percent'' and
inserting ``95 percent'';
(II) in clause (i) by striking
``95.61 percent'' and inserting ``95
percent''; and
(III) in clause (ii) by striking
``95.61 percent'' and inserting ``95
percent''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i) by striking ``4.39 percent'' and
inserting ``5 percent'';
(II) in clause (i)--
(aa) by inserting ``in the
highest 25 percent of routes by
ridership'' before ``multiplied
by''; and
(bb) by striking ``vehicle
passenger miles traveled for
each dollar of operating cost
in an area'' and inserting
``vehicles operating in peak
revenue service per hour in the
highest 25 percent of routes by
ridership''; and
(III) in clause (ii)--
(aa) by inserting ``in the
highest 25 percent of routes by
ridership'' before ``multiplied
by''; and
(bb) by striking ``vehicle
passenger miles traveled for
each dollar of operating cost
in all areas'' and inserting
``vehicles operating in peak
revenue service per hour in the
highest 25 percent of routes by
ridership''; and
(B) by adding at the end the following:
``(3) Special rule.--For fiscal years 2023 and 2024, the
percentage--
``(A) in paragraph (2)(A) in the matter preceding
clause (i) shall be treated as 100 percent; and
``(B) in paragraph (2)(B) in the matter preceding
clause (i) shall be treated as 0 percent.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``90.8 percent''
and inserting ``90 percent'' each place it appears;
(B) in paragraph (2)--
(i) by striking ``9.2 percent'' and
inserting ``8 percent'';
(ii) by striking ``200,000'' and inserting
``500,000'';
(iii) by striking subparagraph (A) and
inserting the following:
``(A) the number of bus passenger miles traveled on
the highest 25 percent of routes by ridership
multiplied by the number of buses operating in peak
revenue service per hour on the highest 25 percent of
routes by ridership; divided by''; and
(iv) by striking subparagraph (B) and
inserting the following:
``(B) the total number of bus passenger miles
traveled on the highest 25 percent of routes by
ridership multiplied by the total number of buses
operating in peak revenue service per hour on the
highest 25 percent of routes by ridership in all
areas.''; and
(C) by adding at the end the following:
``(3) Two percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 and less than
500,000 is entitled to receive an amount using the formula in
paragraph (1).
``(4) For fiscal years 2023 and 2024, the percentage--
``(A) in paragraph (1) in the matter preceding
subparagraph (A) shall be treated as 100 percent;
``(B) in paragraph (2) in the matter preceding
subparagraph (A) shall be treated as 0 percent; and
``(C) in paragraph (3) shall be treated as 0
percent.''; and
(3) by adding at the end the following:
``(k) Peak Revenue Service Defined.--In this section, the term
`peak revenue service' means the time period between the time in the
morning that an agency first exceeds the number of midday vehicles in
revenue service and the time in the evening that an agency falls below
the number of midday vehicles in revenue service.''.
SEC. 2203. MOBILITY INNOVATION.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5315 the following new section:
``Sec. 5316. Mobility innovation
``(a) In General.--Amounts made available to a covered recipient to
carry out sections 5307, 5310, and 5311 may be used by such covered
recipient under this section to assist in the financing of--
``(1) mobility as a service; and
``(2) mobility on demand services.
``(b) Federal Share.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Federal share of the net cost of a project carried out
under this section shall not exceed 70 percent.
``(2) Insourcing incentive.--Notwithstanding paragraph (1),
the Federal share of the net cost of a project described in
paragraph (1) shall, at the request of the project sponsor, be
increased by up to 10 percent for mobility on demand service
operated exclusively by personnel employed by the recipient.
``(3) Zero emission incentive.--Notwithstanding paragraph
(1), the Federal share of the net cost of a project described
in paragraph (1) shall, at the request of the project sponsor,
be increased by up to 10 percent if such project involves an
eligible use that uses a vehicle that produces zero carbon
dioxide or particulate matter.
``(c) Eligible Uses.--
``(1) In general.--The Secretary shall publish guidance
describing eligible activities that are demonstrated to--
``(A) increase transit ridership;
``(B) be complementary to fixed route transit
service;
``(C) demonstrate meaningful improvements in--
``(i) environmental metrics, including
standards established pursuant to the Clean Air
Act (42 U.S.C. 7401 et seq.) and greenhouse gas
performance targets established pursuant to
section 150(d) of title 23;
``(ii) traffic congestion;
``(iii) compliance with the requirements
under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
``(iv) low-income service to increase
access to employment, healthcare, and other
essential services;
``(v) service during times of the day when
regular transit service is not operating, as
long as regular transit service hours are not
reduced;
``(vi) new service that operates in areas
of lower density that are unserved or
underserved by regular transit service;
``(vii) rural service; and
``(viii) improvement in paratransit service
quality.
``(2) Fare collection modernization.--In developing
guidance referred to in this section, the Secretary shall
ensure that--
``(A) all costs associated with installing,
modernizing, and managing fare collection, including
touchless payment systems, shall be considered eligible
expenses under this title and subject to the applicable
Federal share; and
``(B) such guidance includes guidance on how
agencies shall provide unbanked and underbanked users
with an opportunity to benefit from mobility as a
service platforms.
``(3) Prohibition on use of funds.--Amounts used by a
covered recipient for projects eligible under this section may
not be used for--
``(A) single passenger vehicle miles (in a
passenger motor vehicle, as such term is defined in
section 32101, that carries less than 9 passengers),
unless the trip--
``(i) meets the definition of public
transportation; and
``(ii) begins or completes a fixed route
public transportation trip;
``(B) deadhead vehicle miles; or
``(C) any service considered a taxi service that
operates under an exemption from testing requirements
under section 5331.
``(d) Federal Requirements.--A project carried out under this
section shall be treated as if such project were carried out under the
section from which the funds were provided to carry out such project,
including the application of any additional requirements provided for
by law that apply to section 5307, 5310, or 5311, as applicable.
``(e) Waiver.--
``(1) Individual waiver.--Except as provided in paragraphs
(2) and (3), the Secretary may waive any requirement applied to
a project carried out under this section pursuant to subsection
(d) if the Secretary determines that the project would--
``(A) not undermine labor standards;
``(B) increase employment opportunities of the
recipient unless the Secretary determines that such a
waiver does not affect employment opportunities; and
``(C) be consistent with the public interest.
``(2) Waiver under other sections.--The Secretary may not
waive any requirement under paragraph (1) for which a waiver is
otherwise available.
``(3) Prohibition of waiver.--Notwithstanding paragraph
(1), the Secretary may not waive any requirement of--
``(A) section 5333;
``(B) section 5331;
``(C) section 5302(14); and
``(D) chapter 53 that establishes a maximum Federal
share for operating costs.
``(4) Application of section 5320.--Notwithstanding
paragraphs (1) and (2), the Secretary may only waive the
requirements of section 5320 with respect to--
``(A) a passenger vehicle owned by an individual;
``(B) subsection (q) of such section for any
passenger vehicle not owned by an individual for the
period beginning on the date of enactment of this
section and ending 3 years after such date;
``(C) any shared micromobility device for the
period beginning on the date of enactment of this
section and ending on the date that is 3 years after
such date; and
``(D) rolling stock that is part of a dedicated
fleet of vehicles for the provision of microtransit
that is operated by, or exclusively on behalf of, the
covered recipient for the period beginning on the date
of enactment of this section and ending on the date
that is 3 years after such date.
``(5) Limitation.--A waiver issued under subparagraphs (B),
(C), or (D) of paragraph (4) may only be issued on an
individual project basis at the request of the covered
recipient and may not be renewed or extended beyond the initial
3-year period of the waiver.
``(f) Open Data Standards.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall initiate
procedures under subchapter III of chapter 5 of title 5 to
develop an open data standard and an application programming
interface necessary to carry out this section.
``(2) Regulations.--The regulations required under
paragraph (1) shall require public transportation agencies,
mobility on demand providers, mobility as a service technology
providers, other non-government actors, and local governments
the efficient means to transfer data to--
``(A) foster the efficient use of transportation
capacity;
``(B) enhance the management of new modes of
mobility;
``(C) enable the use of innovative planning tools;
``(D) enable single payment systems for all
mobility on demand services;
``(E) establish metropolitan planning organization,
State, and local government access to anonymized data
for transportation planning, real time operations data,
and rules;
``(F) prohibit the transfer of personally
identifiable information;
``(G) protect confidential business information;
``(H) enhance cybersecurity protections; and
``(I) allow data governance, including but not
limited to licensing and terms of information sharing,
periodic risk assessments, policies regarding data
retention and information handling policies, and
anonymization techniques.
``(3) Prohibition on for profit activity.--Any data
received by an entity under this subsection may not be sold,
leased, or otherwise used to generate profit, except for the
direct provision of the related mobility on demand services and
mobility as a service.
``(4) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry out
this subsection shall have a maximum of 17 members limited to
representatives of the Department of Transportation, State and
local governments, metropolitan planning organizations, urban
and rural covered recipients, associations that represent
public transit agencies, representatives from at least 3
different organizations engaged in collective bargaining on
behalf of transit workers in not fewer than 3 States, mobility
on demand providers, and mobility as a service technology
providers.
``(5) Publication of proposed regulations.--Proposed
regulations to implement this section shall be published in the
Federal Register by the Secretary not later than 18 months
after such date of enactment.
``(6) Extension of deadlines.--A deadline set forth in
paragraph (4) may be extended up to 180 days if the negotiated
rulemaking committee referred to in paragraph (5) concludes
that the committee cannot meet the deadline and the Secretary
so notifies the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
``(g) Application of Recipient Vehicle Revenue Miles.--With respect
to vehicle revenue miles with one passenger of a covered recipient
using amounts under this section, such miles--
``(1) shall be included in the National Transit Database
under section 5335; and
``(2) shall be excluded from vehicle revenue miles data
used in the calculation described in section 5336.
``(h) Savings Clause.--Subsection (c)(2) and subsection (g) shall
not apply to any eligible activities under this section if such
activities are--
``(1) being carried out in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or
``(2) projects eligible under section 5310 that exceed the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
``(i) Definitions.--In this section:
``(1) Covered recipient.--The term `covered recipient'
means a State or local government entity, private nonprofit
organization, or Tribe that--
``(A) operates a public transportation service; and
``(B) is a recipient or subrecipient of funds under
section 5307, 5310, or 5311.
``(2) Deadhead vehicle miles.--The term `deadhead vehicle
miles' means the miles that a vehicle travels when out of
revenue service, including leaving or returning to the garage
or yard facility, changing routes, when there is no expectation
of carrying revenue passengers, and any miles traveled by a
private operator without a passenger.
``(3) Mobility as a service.--The term `mobility as a
service' means services that constitute the integration of
mobility on demand services and public transportation that are
available and accessible to all travelers, provide multimodal
trip planning, and a unified payment system.
``(4) Mobility on demand.--The term `mobility on demand'
means an on-demand transportation service shared among
individuals, either concurrently or one after another.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5315 the following new item:
``5316. Mobility innovation.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the date on which the Secretary of
Transportation has finalized both--
(1) the guidance required under section 5316(c) of title
49, United States Code; and
(2) the regulations required under section 5316(f) of title
49, United States Code.
(d) Savings Clause.--Nothing in this section, or the amendments
made by this section, shall prohibit the use of funds for an eligible
activity or pilot project of a covered recipient authorized under the
law in effect on the day before the date of enactment of this Act
before the effective date described in subsection (c).
SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2) by adding at the end the
following:
``(D) Census designation.--The Secretary may
approve a State program that allocates not more than 5
percent of such State's apportionment to assist rural
areas that were redesignated as urban areas not more
than 2 fiscal years after the last census designation
of urbanized area boundaries.''; and
(B) in paragraph (3) by striking ``section
5338(a)(2)(F)'' and inserting ``section
5338(a)(2)(E)'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``section 5338(a)(2)(F)'' and
inserting ``section 5338(a)(2)(E)'';
(ii) in subparagraph (A) by striking
``$5,000,000'' and inserting ``$10,000,000'';
and
(iii) in subparagraph (B) by striking
``$30,000,000'' and inserting ``the amount
remaining under section 5338(a)(2)(E)(i) after
the amount under subparagraph (A) is
distributed'';
(B) in paragraph (2)(C) by striking ``section
5338(a)(2)(F)'' and inserting ``section
5338(a)(2)(E)''; and
(C) in paragraph (3)--
(i) in subparagraph (A) by striking
``section 5338(a)(2)(F)'' and inserting
``section 5338(a)(2)(E)''; and
(ii) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) Land area.--
``(i) In general.--Subject to clause (ii),
each State shall receive an amount that is
equal to 15 percent of the amount apportioned
under this paragraph, multiplied by the ratio
of the land area in rural areas in that State
and divided by the land area in all rural areas
in the United States, as shown by the most
recent decennial census of population.
``(ii) Maximum apportionment.--No State
shall receive more than 5 percent of the amount
apportioned under clause (i).
``(C) Population.--Each State shall receive an
amount equal to 50 percent of the amount apportioned
under this paragraph, multiplied by the ratio of the
population of rural areas in that State and divided by
the population of all rural areas in the United States,
as shown by the most recent decennial census of
population.
``(D) Vehicle revenue miles.--
``(i) In general.--Subject to clause (ii),
each State shall receive an amount that is
equal to 25 percent of the amount apportioned
under this paragraph, multiplied by the ratio
of vehicle revenue miles in rural areas in that
State and divided by the vehicle revenue miles
in all rural areas in the United States, as
determined by national transit database
reporting.
``(ii) Maximum apportionment.--No State
shall receive more than 5 percent of the amount
apportioned under clause (i).
``(E) Low-income individuals.--Each State shall
receive an amount that is equal to 10 percent of the
amount apportioned under this paragraph, multiplied by
the ratio of low-income individuals in rural areas in
that State and divided by the number of low-income
individuals in all rural areas in the United States, as
shown by the Bureau of the Census.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``A State may
expend funds to continue service into another State to
extend a route.'' before ``Eligible activities under'';
(B) in paragraph (2) by inserting ``and makes the
certification and supporting documents publicly
available'' before the period at the end; and
(C) by adding at the end the following:
``(3) Meaningful connections.--All projects funded under
this subsection shall directly serve, or make meaningful
scheduled connections to, the national intercity bus
network.''; and
(4) in subsection (g) by adding at the end the following:
``(6) Allowance for volunteer hours.--
``(A) Applicable regulations.--For any funds
provided by a department or agency of the Government
under paragraph (3)(D) or by a service agreement under
paragraph (3)(C), and such department or agency has
regulations in place that provide for the valuation of
volunteer hours as allowable in-kind contributions
toward the non-Federal share of project costs, such
regulations shall be used to determine the allowable
valuation of volunteer hours as an in-kind contribution
toward the non-Federal remainder of net project costs
for a transit project funded under this section.
``(B) Limitations.--Subparagraph (A) shall not
apply to the provision of fixed-route bus services
funded under this section.''.
SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.
Section 5310 of title 49, United States Code, is amended by adding
at the end the following:
``(j) One-Stop Paratransit Program.--
``(1) In general.--Not later than 6 months after the date
of enactment of this subsection, the Secretary shall establish
a one-stop paratransit competitive grant program to encourage
an extra stop in non-fixed route Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) service for a paratransit
rider to complete essential tasks.
``(2) Preference.--The Secretary shall give preference to
eligible recipients that--
``(A) have comparable data for the year prior to
implementation of the grant program and made available
to the Secretary, academic and nonprofit organizations
for research purposes; and
``(B) plan to use agency personnel to implement the
pilot program.
``(3) Application criteria.--To be eligible to participate
in the grant program, an eligible recipient shall submit to the
Secretary an application containing such information as the
Secretary may require, including information on--
``(A) locations the eligible entity intends to
allow a stop at, if stops are limited, including--
``(i) childcare or education facilities;
``(ii) pharmacies;
``(iii) grocery stores; and
``(iv) bank or ATM locations;
``(B) methodology for informing the public of the
grant program;
``(C) vehicles, personnel, and other resources that
will be used to implement the grant program;
``(D) if the applicant does not intend the grant
program to apply to the full area under the
jurisdiction of the applicant, a description of the
geographic area in which the applicant intends the
grant program to apply; and
``(E) the anticipated amount of increased operating
costs.
``(4) Selection.--The Secretary shall seek to achieve
diversity of participants in the grant program by selecting a
range of eligible entities that includes at least--
``(A) 5 eligible recipients that serve an area with
a population of 50,000 to 200,000;
``(B) 10 eligible recipients that serve an area
with a population of over 200,000; and
``(C) 5 eligible recipients that provide
transportation for rural communities.
``(5) Data-sharing criteria.--An eligible recipient in this
subsection shall provide data as the Secretary requires, which
may include--
``(A) number of ADA paratransit trips conducted
each year;
``(B) requested time of each paratransit trip;
``(C) scheduled time of each paratransit trip;
``(D) actual pickup time for each paratransit trip;
``(E) average length of a stop in the middle of a
ride as allowed by this subsection;
``(F) any complaints received by a paratransit
rider;
``(G) rider satisfaction with paratransit services;
and
``(H) after the completion of the grant, an
assessment by the eligible recipient of its capacity to
continue a one-stop program independently.
``(6) Report.--
``(A) In general.--The Secretary shall make
publicly available an annual report on the program
carried out under this subsection for each fiscal year,
not later than December 31 of the calendar year in
which such fiscal year ends.
``(B) Contents.--The report required under
subparagraph (A) shall include a detailed description
of the activities carried out under the program, and an
evaluation of the program, including an evaluation of
the data shared by eligible recipients under paragraph
(5).''.
SEC. 2206. NEW MUNICIPAL TRANSIT SERVICES TO BETTER CONNECT
COMMUNITIES.
Section 5336 of title 49, United States Code, is further amended by
adding at the end the following:
``(l) Pass Through Funding.--
``(1) Pass through to service providers.--Designated
recipients, upon request of a provider of new public
transportation service, shall enter into a split letter or some
other agreement under which not less than 80 percent of the
funding apportioned under subparagraphs (A)(i) and (B)(i) of
subsection (c)(1) to a service provider that results from the
provision of new qualified transit services provided by such
provider is passed through to such provider so long as the
following conditions are met--
``(A) the service being provided as well as the
service provider are eligible for assistance and meets
or exceeds all Federal Transit Administration
requirements, including the requirements of sections
5320 and 5333;
``(B) the service provided has submitted the
appropriate data to the National Transit Database or
has submitted such data to another regional entity for
submission to the National Transit Database;
``(C) the service provider is eligible to be a
recipient of Federal transit funds;
``(D) the service provider is able to use the
funding for continued service or expansion of eligible
transit services so long as any new service being
provided does not duplicate existing service being
provided; and
``(E) the regional metropolitan planning
organization does not opt out of the pass-through
requirement as allowed by paragraph (2).
``(2) Opt-out.--A metropolitan planning organization may
elect to have designated recipients within the metropolitan
planning area opt-out if such planning organization certifies
with the Secretary that 1 of the following conditions are met:
``(A) The new service has not met the conditions
outlined by paragraph (1) of this subsection.
``(B) The new service does not address or align
with the policies and goals identified in the region's
transportation plan.
``(C) The metropolitan planning organization or
designated recipient has in place a process or policy
that addresses multi-agency or regional issues with
formula funds and includes an opportunity for new
service providers to participate and receive necessary
funding from such policy or program.
``(3) Definitions.--In this subsection:
``(A) New transit services.--The term `new transit
services' means public transportation services whereby
data from the provision of services has previously not
been submitted to the national transit database and is
service created to increase access to public
transportation, address areas which are not adequately
serviced by high frequency public transportation,
create first and last mile connections to existing
public transportation services, or provide access to
public transportation to long distance commute routes
where no or limited service previously existed.
``(B) Service provider.--The term `service
provider'--
``(i) has the meaning given the term `local
government authority' in section 5302; and
``(ii) means a public transportation
agency.''.
Subtitle C--Buy America and Other Procurement Reforms
SEC. 2301. BUY AMERICA.
(a) Buy America.--
(1) In general.--Chapter 53 of title 49, United States
Code, is amended by inserting before section 5321 the
following:
``Sec. 5320. Buy America
``(a) In General.--The Secretary may obligate an amount that may be
appropriated to carry out this chapter for a project only if the steel,
iron, and manufactured goods used in the project are produced in the
United States.
``(b) Waiver.--The Secretary may waive subsection (a) if the
Secretary finds that--
``(1) applying subsection (a) would be inconsistent with
the public interest;
``(2) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
``(3) when procuring rolling stock (including train
control, communication, traction power equipment, and rolling
stock prototypes) under this chapter--
``(A) the cost of components and subcomponents
produced in the United States is more than 70 percent
of the cost of all components of the rolling stock; and
``(B) final assembly of the rolling stock has
occurred in the United States; or
``(4) including domestic material will increase the cost of
the overall project by more than 25 percent.
``(c) Written Waiver Determination and Annual Report.--
``(1) Waiver procedure.--Not later than 120 days after the
submission of a request for a waiver, the Secretary shall make
a determination under subsection (b)(1), (b)(2), or (b)(4) as
to whether to waive subsection (a).
``(2) Public notification and comment.--
``(A) In general.--Not later than 30 days before
making a determination regarding a waiver described in
paragraph (1), the Secretary shall provide notification
and an opportunity for public comment on the request
for such waiver.
``(B) Notification requirements.--The notification
required under subparagraph (A) shall--
``(i) describe whether the application is
being made for a waiver described in subsection
(b)(1), (b)(2) or (b)(4); and
``(ii) be provided to the public by
electronic means, including on a public website
of the Department of Transportation.
``(3) Determination.--Before a determination described in
paragraph (1) takes effect, the Secretary shall publish a
detailed justification for such determination that addresses
all public comments received under paragraph (2)--
``(A) on the public website of the Department of
Transportation; and
``(B) if the Secretary issues a waiver with respect
to such determination, in the Federal Register.
``(4) Annual report.--Annually, the Secretary shall submit
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report listing any waiver
issued under paragraph (1) during the preceding year.
``(d) Rolling Stock Waiver Conditions.--
``(1) Labor costs for final assembly.--In this section,
highly skilled labor costs involved in final assembly shall be
included as a separate component in the cost of components and
subcomponents under subsection (b)(3)(A).
``(2) High domestic content component bonus.--In this
section, in calculating the domestic content of the rolling
stock under subsection (b)(3)(A), the percent, rounded to the
nearest whole number, of the domestic content in components of
such rolling stock, weighted by cost, shall be used in
calculating the domestic content of the rolling stock, except--
``(A) with respect to components that exceed--
``(i) 70 percent domestic content, the
Secretary shall add 10 additional percent to
the component's domestic content when
calculating the domestic content of the rolling
stock; and
``(ii) 75 percent domestic content, the
Secretary shall add 15 additional percent to
the component's domestic content when
calculating the domestic content of the rolling
stock; and
``(B) in no case may a component exceed 100 percent
domestic content when calculating the domestic content
of the rolling stock.
``(3) Rolling stock frames or car shells.--
``(A) Inclusion of costs.--Subject to the
substantiation requirement of subparagraph (B), in
calculating the cost of the domestic content of the
rolling stock under subsection (b)(3), in the case of a
rolling stock procurement receiving assistance under
this chapter in which the average cost of a rolling
stock vehicle in the procurement is more than $300,000,
if rolling stock frames or car shells are not produced
in the United States, the Secretary shall include in
the calculation of the domestic content of the rolling
stock the cost of the steel or iron that is produced in
the United States and used in the rolling stock frames
or car shells.
``(B) Substantiation.--If a rolling stock vehicle
manufacturer wishes to include in the calculation of
the vehicle's domestic content the cost of steel or
iron produced in the United States and used in the
rolling stock frames and car shells that are not
produced in the United States, the manufacturer shall
maintain and provide upon request a mill certification
that substantiates the origin of the steel or iron.
``(4) Treatment of waived components and subcomponents.--In
this section, a component or subcomponent waived under
subsection (b) shall be excluded from any part of the
calculation required under subsection (b)(3)(A).
``(5) Zero-emission vehicle domestic battery cell
incentive.--The Secretary shall add 2.5 percent to the total
domestic content when calculating the domestic content of the
rolling stock for any zero-emission vehicle that uses only
battery cells for propulsion that are manufactured
domestically.
``(6) Prohibition on double counting.--
``(A) In general.--No labor costs included in the
cost of a component or subcomponent by the manufacturer
of rolling stock may be treated as rolling stock
assembly costs for purposes of calculating domestic
content.
``(B) Violation.--A violation of this paragraph
shall be treated as a false claim under subchapter III
of chapter 37 of title 31.
``(7) Definition of highly skilled labor costs.--In this
subsection, the term `highly skilled labor costs'--
``(A) means the apportioned value of direct wage
compensation associated with final assembly activities
of workers directly employed by a rolling stock
original equipment manufacturer and directly associated
with the final assembly activities of a rolling stock
vehicle that advance the value or improve the condition
of the end product;
``(B) does not include any temporary or indirect
activities or those hired via a third-party contractor
or subcontractor;
``(C) are limited to metalworking, fabrication,
welding, electrical, engineering, and other technical
activities requiring training;
``(D) are not otherwise associated with activities
required under section 661.11 of title 49, Code of
Federal Regulations; and
``(E) includes only activities performed in the
United States and does not include that of foreign
nationals providing assistance at a United States
manufacturing facility.
``(e) Certification of Domestic Supply and Disclosure.--
``(1) Certification of domestic supply.--If the Secretary
denies an application for a waiver under subsection (b)(2), the
Secretary shall provide to the applicant a written
certification that--
``(A) the steel, iron, or manufactured goods, as
applicable, (referred to in this paragraph as the
`item') is produced in the United States in a
sufficient and reasonably available amount;
``(B) the item produced in the United States is of
a satisfactory quality; and
``(C) includes a list of known manufacturers in the
United States from which the item can be obtained.
``(2) Disclosure.--The Secretary shall disclose the waiver
denial and the written certification to the public in the
manner described in subsection (c).
``(f) Waiver Prohibited.--The Secretary may not make a waiver under
subsection (b) for goods produced in a foreign country if the
Secretary, in consultation with the United States Trade Representative,
decides that the government of that foreign country--
``(1) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
section; and
``(2) has violated the agreement by discriminating against
goods to which this section applies that are produced in the
United States and to which the agreement applies.
``(g) Penalty for Mislabeling and Misrepresentation.--A person is
ineligible under subpart 9.4 of the Federal Acquisition Regulation, or
any successor thereto, to receive a contract or subcontract made with
amounts authorized under title II of division B of the INVEST in
America Act if a court or department, agency, or instrumentality of the
Government decides the person intentionally--
``(1) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this section applies but not produced in the United
States; or
``(2) represented that goods described in paragraph (1)
were produced in the United States.
``(h) State Requirements.--The Secretary may not impose any
limitation on assistance provided under this chapter that restricts a
State from imposing more stringent requirements than this subsection on
the use of articles, materials, and supplies mined, produced, or
manufactured in foreign countries in projects carried out with that
assistance or restricts a recipient of that assistance from complying
with those State-imposed requirements.
``(i) Opportunity To Correct Inadvertent Error.--The Secretary may
allow a manufacturer or supplier of steel, iron, or manufactured goods
to correct after bid opening any certification of noncompliance or
failure to properly complete the certification (but not including
failure to sign the certification) under this subsection if such
manufacturer or supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incorrect certification as a
result of an inadvertent or clerical error. The burden of establishing
inadvertent or clerical error is on the manufacturer or supplier.
``(j) Administrative Review.--A party adversely affected by an
agency action under this subsection shall have the right to seek review
under section 702 of title 5.
``(k) Steel and Iron.--For purposes of this section, steel and iron
meeting the requirements of section 661.5(b) of title 49, Code of
Federal Regulations, may be considered produced in the United States.
``(l) Definition of Small Purchase.--For purposes of determining
whether a purchase qualifies for a general public interest waiver under
subsection (b)(1), including under any regulation promulgated under
such subsection, the term `small purchase' means a purchase of not more
than $150,000.
``(m) Preaward and Postdelivery Review of Rolling Stock
Purchases.--
``(1) In general.--The Secretary shall prescribe
regulations requiring a preaward and postdelivery certification
of a rolling stock vehicle that meets the requirements of this
section and Government motor vehicle safety requirements to be
eligible for a grant under this chapter. For compliance with
this section--
``(A) Federal inspections and review are required;
``(B) a manufacturer certification is not
sufficient; and
``(C) a rolling stock vehicle that has been
certified by the Secretary remains certified until the
manufacturer makes a material change to the vehicle, or
adjusts the cost of all components of the rolling
stock, that reduces, by more than half, the percentage
of domestic content above 70 percent.
``(2) Certification of percentage.--
``(A) In general.--The Secretary may, at the
request of a component or subcomponent manufacturer,
certify the percentage of domestic content and place of
manufacturing for a component or subcomponent.
``(B) Period of certification.--Any component or
subcomponent certified by the Secretary shall remain
certified until the manufacturer makes a material
change to the domestic content or the place of
manufacturing of such component or subcomponent.
``(3) Freedom of information act.--In carrying out this
subsection, the Secretary shall apply the provisions of section
552 of title 5, including subsection (b)(4) of such section.
``(4) Noncompliance.--The Secretary shall prohibit
recipients from procuring rolling stock, components, or
subcomponents from a supplier that intentionally provides false
information to comply with this subsection.
``(n) Scope.--The requirements of this section apply to all
contracts for a public transportation project carried out within the
scope of the applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
regardless of the funding source of such contracts, if at least one
contract for the public transportation project is funded with amounts
made available to carry out this chapter.
``(o) Buy America Conformity.--The Secretary shall ensure that all
Federal funds for new commuter rail projects shall comply with this
section and shall not be subject to section 22905(a).
``(p) Audits and Reporting of Waste, Fraud, and Abuse.--
``(1) In general.--The Inspector General of the Department
of Transportation shall conduct an annual audit on
certifications under subsection (m) regarding compliance with
Buy America.
``(2) Report fraud, waste, and abuse.--The Secretary shall
display a `Report Fraud, Waste, and Abuse' button and link to
Department of Transportation's Office of Inspector General
Hotline on the Federal Transit Administration's Buy America
landing page.
``(3) Contract requirement.--The Secretary shall require
all recipients who enter into contracts to purchase rolling
stock with funds provided under this chapter to include in such
contract information on how to contact the Department of
Transportation's Office of Inspector General Hotline to report
suspicions of fraud, waste, and abuse.
``(q) Passenger Motor Vehicles.--
``(1) In general.--Any domestically manufactured passenger
motor vehicle shall be considered to be produced in the United
States under this section.
``(2) Domestically manufactured passenger motor vehicle.--
In this subsection, the term `domestically manufactured
passenger motor vehicle' means any passenger motor vehicle, as
such term is defined in section 32304(a) that--
``(A) has under section 32304(b)(1)(B) its final
assembly place in the United States; and
``(B) the percentage (by value) of passenger motor
equipment under section 32304(b)(1)(A) equals or
exceeds 60 percent value added.
``(r) Rolling Stock Components and Subcomponents.--No bus shell,
railcar frame, or other component or subcomponent that is primarily
made of steel or iron shall be treated as produced in the United States
for purposes of subsection (b)(3) or determined to be of domestic
origin under section 661.11 of title 49, Code of Federal Regulations,
if the material inputs of such component or subcomponent were imported
into the United States and the processes performed in the United States
on the imported articles would not result in a change in the article's
classification to chapter 86 or 87 of the Harmonized Tariff Schedule of
the United States from another chapter or a new heading of any chapter
from the heading under which the article was classified upon entry.
``(s) Treatment of Steel and Iron Components as Produced in the
United States.--Notwithstanding any other provision of any law or any
rule, regulation, or policy of the Federal Transit Administration,
steel and iron components of a system, as defined in section 661.3 of
title 49, Code of Federal Regulations, and of manufactured end products
referred to in Appendix A of such section, may not be considered to be
produced in the United States unless such components meet the
requirements of section 661.5(b) of title 49, Code of Federal
Regulations.
``(t) Requirement for Transit Agencies.--Notwithstanding the
provisions of this section, if a transit agency accepts Federal funds,
such agency shall adhere to the requirements of this section in
procuring rolling stock.''.
(2) Clerical amendment.--The analysis for chapter 53 of
title 49, United States Code, is amended by inserting before
the item relating to section 5321 the following:
``5320. Buy America.''.
(3) Conforming amendments.--
(A) Technical assistance and workforce
development.--Section 5314(a)(2)(G) of title 49, United
States Code, is amended by striking ``sections 5323(j)
and 5323(m)'' and inserting ``section 5320''.
(B) Urbanized area formula grants.--Section
5307(c)(1)(E) of title 49, United States Code, is
amended by inserting ``, 5320,'' after ``5323''.
(C) Innovative procurement.--Section
3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 note)
is amended by striking ``5323(j)'' and inserting
``5320''.
(b) Bus Rolling Stock.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall issue such
regulations as are necessary to revise Appendix B and Appendix D of
section 661.11 of title 49, Code of Federal Regulations, with respect
to bus rolling stock to maximize job creation and align such section
with modern manufacturing techniques.
(c) Rail Rolling Stock.--Not later than 30 months after the date of
enactment of this Act, the Secretary shall issue such regulations as
are necessary to revise subsections (t), (u), and (v) of section 661.11
of title 49, Code of Federal Regulations, with respect to rail rolling
stock to maximize job creation and align such section with modern
manufacturing techniques.
(d) Rule of Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
any contract entered into on or after the date of enactment of
this Act.
(2) Delayed applicability of certain provisions.--Contracts
described in paragraph (1) shall be subject to the following
delayed applicability requirements:
(A) Section 5320(m)(2) shall apply to contracts
entered into on or after the date that is 30 days after
the date of enactment of this Act.
(B) Notwithstanding subparagraph (A), section
5320(m) shall apply to contracts for the procurement of
bus rolling stock beginning on the earlier of--
(i) 180 days after the date on which final
regulations are issued pursuant to subsection
(b); or
(ii) the date that is 1 year after the date
of enactment of this Act.
(C) Notwithstanding subparagraph (A), section
5320(m) shall apply to contracts for the procurement of
rail rolling stock beginning on the earlier of--
(i) 180 days after the date on which final
regulations are issued pursuant to subsection
(c); or
(ii) the date that is 2 years after the
date of enactment of this Act.
(D) Section 5320(p)(1) shall apply on the date that
is 1 year after the latest of the application dates
described in subparagraphs (A) through (C).
(3) Special rule for certain contracts.--For any contract
described in paragraph (1) for which the delivery for the first
production vehicle occurs before October 1, 2024, paragraphs
(1) and (4) of section 5320(d) shall not apply.
(4) Special rule for battery cell incentives.--For any
contract described in paragraph (1) for which the delivery for
the first production vehicle occurs before October 1, 2023,
section 5320(d)(5) shall not apply.
(5) Application of existing law.--During any periods
described in this subsection, the Secretary shall apply the
requirements of sections 5323(j) and 5323(m) of title 49,
United States Code, as in effect on the day before the date of
enactment of this Act, as applicable.
(e) Special Rule for Domestic Content.--
(1) In general.--For the calculation of the percent of
domestic content calculated under section 5320(d)(2) for a
contract for rolling stock entered into on or after October 1,
2021--
(A) if the delivery of the first production vehicle
occurs in fiscal year 2023 or fiscal year 2024, for
components that exceed 70 percent domestic content, the
Secretary shall add 20 additional percent to the
component's domestic content; and
(B) if the delivery of the first production vehicle
occurs in fiscal year 2025 or fiscal year 2026--
(i) for components that exceed 70 percent
but do not exceed 75 percent domestic content,
the Secretary shall add 15 additional percent
to the component's domestic content; or
(ii) for components that exceed 75 percent
domestic content, the Secretary shall add 20
additional percent to the component's domestic
content.
(2) Contracts after october 1, 2021.--For the calculation
of the percent of domestic content calculated under section
5320(d)(2) for a contract for rolling stock entered into on or
after October 1, 2021 for a vehicle described in section
5339(c)(1)(D), and notwithstanding subsection (e)(1), if the
delivery of the first production vehicle occurs in fiscal year
2023 or 2024, for components that exceed 70 percent domestic
content, the Secretary shall add 30 additional percent to the
component's domestic content.
(3) Battery cells.--Paragraph (1) and paragraph (2) of this
subsection shall not apply to any contract for rolling stock if
the manufacturer of the rolling stock or the manufacturer of
the battery cells used for propulsion of the rolling stock is
an entity described in 49 USC 5323(u)(1) and (u)(2).
SEC. 2302. BUS PROCUREMENT STREAMLINING.
Section 5323 of title 49, United States Code, is amended by adding
at the end the following:
``(x) Bus Procurement Streamlining.--
``(1) In general.--The Secretary may only obligate amounts
for acquisition of buses under this chapter to a recipient that
issues a request for proposals for an open market procurement
that meets the following criteria:
``(A) Such request for proposals is limited to
performance specifications, except for components or
subcomponents identified in the negotiated rulemaking
carried out pursuant to this subsection.
``(B) Such request for proposals does not seek any
alternative design or manufacture specification of a
bus offered by a manufacturer, except to require a
component or subcomponent identified in the negotiated
rulemaking carried out pursuant to this subsection.
``(2) Specific bus component negotiated rulemaking.--
``(A) Initiation.--Not later than 120 days after
the date of enactment of the INVEST in America Act, the
Secretary shall initiate procedures under subchapter
III of chapter 5 of title 5 to negotiate and issue such
regulations as are necessary to establish as limited a
list as is practicable of bus components and
subcomponents described in subparagraph (B).
``(B) List of components.--The regulations required
under subparagraph (A) shall establish a list of bus
components and subcomponents that may be specified in a
request for proposals described in paragraph (1) by a
recipient. The Secretary shall ensure the list is
limited in scope and limited to only components and
subcomponents that cannot be selected with performance
specifications to ensure interoperability.
``(C) Publication of proposed regulations.--
Proposed regulations to implement this section shall be
published in the Federal Register by the Secretary not
later than 18 months after such date of enactment.
``(D) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry
out this paragraph shall have a maximum of 11 members
limited to representatives of the Department of
Transportation, urban and rural recipients (including
State government recipients), and transit vehicle
manufacturers.
``(E) Extension of deadlines.--A deadline set forth
in subparagraph (C) may be extended up to 180 days if
the negotiated rulemaking committee referred to in
subparagraph (D) concludes that the committee cannot
meet the deadline and the Secretary so notifies the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
``(3) Savings clause.--Nothing in this section shall be
construed to provide additional authority for the Secretary to
restrict what a bus manufacturer offers to sell to a public
transportation agency.''.
SEC. 2303. BUS TESTING FACILITY.
Section 5318 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Testing Schedule.--The Secretary shall--
``(1) determine eligibility of a bus manufacturer's request
for testing within 10 business days; and
``(2) make publicly available the current backlog (in
months) to begin testing a new bus at the bus testing
facility.''.
SEC. 2304. REPAYMENT REQUIREMENT.
(a) In General.--A transit agency shall repay into the general fund
of the Treasury any funds received from the Federal Transit
Administration under section 3401 of the American Rescue Plan Act of
2021 (Public Law 117-2) if the funds were used to award a contract or
subcontract to an entity for the procurement of rolling stock for use
in public transportation if the manufacturer of the rolling stock--
(1) is incorporated in or has manufacturing facilities in
the United States; and
(2) is owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially to a corporation based
in a country that--
(A) is identified as a nonmarket economy country
(as defined in section 771(18) of the Tariff Act of
1930 (19 U.S.C. 1677(18))) as of the date of enactment
of this subsection;
(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
(b) Certification.--Not later than 60 days after the date of
enactment of this section, a transit agency that received funds
pursuant to the laws specified in subsection (a) shall certify that the
agency has not and shall not use such funds to purchase rolling stock
described in subsection (a).
SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING A MAJOR DISASTER.
(a) In General.--Section 5323 of title 49, United States Code, is
amended by adding at the end the following:
``(y) Urbanized Areas Following a Major Disaster.--
``(1) Defined term.--In this subsection, the term
`decennial census date' has the meaning given the term in
section 141(a) of title 13.
``(2) Urbanized area major disaster population criteria.--
Notwithstanding section 5302, for purposes of this chapter, the
Secretary shall treat an area as an urbanized area for the
period described in paragraph (3) if--
``(A) a major disaster was declared by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170) for the area during the 3-year period preceding
the decennial census date for the 2010 decennial census
or for any subsequent decennial census;
``(B) the area was defined and designated as an
`urbanized area' by the Secretary of Commerce in the
decennial census immediately preceding the major
disaster described in subparagraph (A); and
``(C) the population of the area fell below 50,000
as a result of the major disaster described in
subparagraph (A).
``(3) Covered period.--The Secretary shall treat an area as
an urbanized area under paragraph (2) during the period--
``(A) beginning on--
``(i) in the case of a major disaster
described in paragraph (2)(A) that occurred
during the 3-year period preceding the
decennial census date for the 2010 decennial
census, October 1 of the first fiscal year that
begins after the date of enactment of this
subsection; or
``(ii) in the case of any other major
disaster described in paragraph (2)(A), October
1 of the first fiscal year--
``(I) that begins after the
decennial census date for the first
decennial census conducted after the
major disaster; and
``(II) for which the Secretary has
sufficient data from that census to
determine that the area qualifies for
treatment as an urbanized area under
paragraph (2); and
``(B) ending on the day before the first fiscal
year--
``(i) that begins after the decennial
census date for the second decennial census
conducted after the major disaster described in
paragraph (2)(A); and
``(ii) for which the Secretary has
sufficient data from that census to determine
which areas are urbanized areas for purposes of
this chapter.
``(4) Population calculation.--An area treated as an
urbanized area under this subsection shall be assigned the
population and square miles of the urbanized area designated by
the Secretary of Commerce in the most recent decennial census
conducted before the major disaster described in paragraph
(2)(A).
``(5) Savings provision.--Nothing in this subsection may be
construed to affect apportionments made under this chapter
before the date of enactment of this subsection.''.
(b) Amendment Takes Effect on Enactment.--Notwithstanding section
1001, the amendment made by subsection (a) shall take effect on the
date of enactment of this Act.
SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK PROCUREMENTS.
(a) Certification.--Section 5323(u)(4) of title 49, United States
Code, is amended--
(1) in subparagraph (A) in the heading by striking
``rail''; and
(2) by adding at the end the following:
``(C) Nonrail rolling stock.--Notwithstanding
subparagraph (B) of paragraph (5), as a condition of
financial assistance made available in a fiscal year
under section 5339, a recipient shall certify in that
fiscal year that the recipient will not award any
contract or subcontract for the procurement of rolling
stock for use in public transportation with a rolling
stock manufacturer described in paragraph (1).''.
(b) Special Rule.--Section 5323(u)(5)(A) of title 49, United States
Code, is amended by striking ``made by a public transportation agency
with a rail rolling stock manufacturer described in paragraph (1)'' and
all that follows through the period at the end and inserting ``as of
December 20, 2019, including options and other requirements tied to
these contracts or subcontracts, made by a public transportation agency
with a restricted rail rolling stock manufacturer.''.
SEC. 2307. SPARE RATIO WAIVER.
Section 5323 of title 49, United States Code, is further amended by
adding at the end the following:
``(z) Spare Ratio Waiver.--The Federal Transit Administration shall
waive spare ratio policies for rolling stock found in FTA Grant
Management Requirements Circular 5010.1, FTA Circular 9030.1 providing
Urbanized Area Formula Program guidance, and other guidance documents
for 2 years from the date of enactment of the INVEST in America Act.''.
Subtitle D--Bus Grant Reforms
SEC. 2401. FORMULA GRANTS FOR BUSES.
Section 5339(a) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and subsection (d)'' after ``In
this subsection'';
(B) in subparagraph (A) by striking ``term `low or
no emission vehicle' has'' and inserting ``term `zero
emission vehicle' has'';
(C) in subparagraph (B) by inserting ``and the
District of Columbia'' after ``United States''; and
(D) in subparagraph (C) by striking ``the District
of Columbia,'';
(2) in paragraph (2)(A) by striking ``low or no emission
vehicles'' and inserting ``zero emission vehicles'';
(3) in paragraph (4)--
(A) in subparagraph (A) by inserting ``and
subsection (d)'' after ``this subsection''; and
(B) in subparagraph (B) by inserting ``and
subsection (d)'' after ``this subsection'';
(4) in paragraph (5)(A)--
(A) by striking ``$90,500,000'' and inserting
``$156,750,000'';
(B) by striking ``2016 through 2020'' and inserting
``2023 through 2026'';
(C) by striking ``$1,750,000'' and inserting
``$3,000,000''; and
(D) by striking ``$500,000'' and inserting
``$750,000'';
(5) in paragraph (7) by adding at the end the following:
``(C) Special rule for buses and related equipment
for zero emission vehicles.--Notwithstanding
subparagraph (A), a grant for a capital project for
buses and related equipment for hybrid electric buses
that make meaningful reductions in energy consumption
and harmful emissions, including direct carbon
emissions, and zero emission vehicles under this
subsection shall be for 90 percent of the net capital
costs of the project. A recipient of a grant under this
subsection may provide additional local matching
amounts.'';
(6) in paragraph (8)--
(A) by striking ``3 fiscal years'' and inserting
``4 fiscal years''; and
(B) by striking ``3-fiscal-year period'' and
inserting ``4-fiscal-year period''; and
(7) by striking paragraph (9).
SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COMPETITIVE GRANTS.
Section 5339(b) of title 49, United States Code, is amended--
(1) in the heading by striking ``Buses and Bus Facilities
Competitive Grants'' and inserting ``Bus Facilities and Fleet
Expansion Competitive Grants'';
(2) in paragraph (1)--
(A) by striking ``buses and'';
(B) by inserting ``and certain buses'' after
``capital projects'';
(C) in subparagraph (A) by striking ``buses or
related equipment'' and inserting ``bus-related
facilities''; and
(D) by striking subparagraph (B) and inserting the
following:
``(B) purchasing or leasing buses that will not
replace buses in the applicant's fleet at the time of
application and will be used to--
``(i) increase the frequency of bus
service; or
``(ii) increase the service area of the
applicant.'';
(3) by striking paragraph (2) and inserting the following:
``(2) Grant considerations.--In making grants--
``(A) under subparagraph (1)(A), the Secretary
shall only consider--
``(i) the age and condition of bus-related
facilities of the applicant compared to all
applicants and proposed improvements to the
resilience (as such term is defined in section
5302) of such facilities;
``(ii) for a facility that, in whole or in
part, encroaches within the limits of a flood-
prone area, the extent to which the facility is
designed and constructed in a way that takes
into account, and mitigates where appropriate,
flood risk; and
``(iii) for a bus station, the degree of
multi-modal connections at such station; and
``(B) under paragraph (1)(B), the Secretary shall
consider the improvements to headway and projected new
ridership.''; and
(4) in paragraph (6) by striking subparagraph (B) and
inserting the following:
``(B) Government share of costs.--
``(i) In general.--The Government share of
the cost of an eligible project carried out
under this subsection shall not exceed 80
percent.
``(ii) Special rule for buses and related
equipment for zero emission vehicles.--
Notwithstanding clause (i), the Government
share of the cost of an eligible project for
the financing of buses and related equipment
for hybrid electric buses that make meaningful
reductions in energy consumption and harmful
emissions, including direct carbon emissions,
and zero emission vehicles shall not exceed 90
percent.''.
SEC. 2403. ZERO EMISSION BUS GRANTS.
(a) In General.--Section 5339(c) of title 49, United States Code,
is amended--
(1) in the heading by striking ``Low or No Emission
Grants'' and inserting ``Zero Emission Grants'';
(2) in paragraph (1)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i) by
striking ``in an eligible area'';
(ii) in clause (i) by striking ``low or no
emission'' and inserting ``zero emission'';
(iii) in clause (ii) by striking ``low or
no emission'' and inserting ``zero emission'';
(iv) in clause (iii) by striking ``low or
no emission'' and inserting ``zero emission'';
(v) in clause (iv) by striking ``facilities
and related equipment for low or no emission''
and inserting ``related equipment for zero
emission'';
(vi) in clause (v) by striking ``facilities
and related equipment for low or no emission
vehicles;'' and inserting ``related equipment
for zero emission vehicles; or'';
(vii) in clause (vii) by striking ``low or
no emission'' and inserting ``zero emission'';
(viii) by striking clause (vi); and
(ix) by redesignating clause (vii) as
clause (vi);
(B) by striking subparagraph (D) and inserting the
following:
``(D) the term `zero emission bus' means a bus that
is a zero emission vehicle;'';
(C) by striking subparagraph (E) and inserting the
following:
``(E) the term `zero emission vehicle' means a
vehicle used to provide public transportation that
produces no carbon dioxide or particulate matter;'';
(D) in subparagraph (F) by striking ``and'' at the
end;
(E) by striking subparagraph (G) and inserting the
following:
``(G) the term `priority area' means an area that
is--
``(i) designated as a nonattainment area
for ozone or particulate matter under section
107(d) of the Clean Air Act (42 U.S.C.
7407(d));
``(ii) a maintenance area, as such term is
defined in section 5303, for ozone or
particulate matter; or
``(iii) in a State that has enacted a
statewide zero emission bus transition
requirement, as determined by the Secretary;
and''; and
(F) by adding at the end the following:
``(H) the term `low-income community' means any
population census tract if--
``(i) the poverty rate for such tract is at
least 20 percent; or
``(ii) in the case of a tract--
``(I) not located within a
metropolitan area, the median family
income for such tract does not exceed
80 percent of statewide median family
income; or
``(II) located within a
metropolitan area, the median family
income for such tract does not exceed
80 percent of the greater statewide
median family income or the
metropolitan area median family
income.'';
(3) in paragraph (3)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as
subparagraph (B);
(4) by striking paragraph (5) and inserting the following:
``(5) Grant eligibility.--In awarding grants under this
subsection, the Secretary shall make grants to eligible
projects relating to the acquisition or leasing of equipment
for zero-emission buses or zero-emission buses--
``(A) that procure--
``(i) at least 10 zero emission buses;
``(ii) if the recipient operates less than
50 buses in peak service, at least 5 zero
emission buses; or
``(iii) hydrogen buses;
``(B) for which the recipient's board of directors
has approved a long-term integrated fleet management
plan that--
``(i) establishes--
``(I) a goal by a set date to
convert the entire bus fleet to zero
emission buses; or
``(II) a goal that within 10 years
from the date of approval of such plan
the recipient will convert a set
percentage of the total bus fleet of
such recipient to zero emission buses;
and
``(ii) examines the impact of the
transition on the applicant's current
workforce, by identifying skills gaps, training
needs, and retraining needs of the existing
workers of such applicant to operate and
maintain zero-emission vehicles and related
infrastructure, and avoids the displacement of
the existing workforce; and
``(C) for which the recipient has performed a fleet
transition study that includes optimal route planning
and an analysis of how utility rates may impact the
recipient's operations and maintenance budget.'';
(5) in paragraph (7)(A) by striking ``80'' and inserting
``90''; and
(6) by adding at the end the following:
``(8) Low and moderate community grants.--Not less than 15
percent of the amounts made available under this subsection in
a fiscal year shall be distributed to projects serving
predominantly low-income communities.
``(9) Priority set-aside.--Of the amounts made available
under this subsection in a fiscal year, not less than--
``(A) 20 percent shall be distributed to applicants
in priority areas; and
``(B) 10 percent shall be distributed to applicants
not located in priority areas whose board of directors
have approved a long-term integrated fleet management
plan that establishes a goal to convert 100 percent of
their bus fleet to zero-emission buses within 15
years.''.
(b) Metropolitan Transportation Planning.--Section 5303(b) of title
49, United States Code, is amended by adding at the end the following:
``(9) Maintenance area.--The term `maintenance area' has
the meaning given the term in sections 171(2) and 175A of the
Clean Air Act (42 U.S.C. 7501(2); 7505a).''.
SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FORMULA SUBGRANT.
Section 5339 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Restoration to State of Good Repair Formula Subgrant.--
``(1) General authority.--The Secretary may make grants
under this subsection to assist eligible recipients and
subrecipients described in paragraph (2) in financing capital
projects to replace, rehabilitate, and purchase buses and
related equipment.
``(2) Eligible recipients and subrecipients.--Not later
than September 1 annually, the Secretary shall make public a
list of eligible recipients and subrecipients based on the most
recent data available in the National Transit Database to
calculate the 20 percent of eligible recipients and
subrecipients with the highest percentage of asset vehicle
miles for buses beyond the useful life benchmark established by
the Federal Transit Administration.
``(3) Urban apportionments.--Funds allocated under section
5338(a)(2)(L)(ii) shall be--
``(A) distributed to--
``(i) designated recipients in an urbanized
area with a population of at least 200,000 made
eligible by paragraph (1); and
``(ii) States based on subrecipients made
eligible by paragraph (1) in an urbanized area
under 200,000; and
``(B) allocated pursuant to the formula set forth
in section 5336 other than subsection (b), using the
data from the 20 percent of eligible recipients and
subrecipients.
``(4) Rural allocation.--The Secretary shall--
``(A) calculate the percentage of funds under
section 5338(a)(2)(L)(ii) to allocate to rural
subrecipients by dividing--
``(i) the asset vehicle miles for buses
beyond the useful life benchmark (established
by the Federal Transit Administration) of the
rural subrecipients described in paragraph (2);
by
``(ii) the total asset vehicle miles for
buses beyond such benchmark of all eligible
recipients and subrecipients described in
paragraph (2); and
``(B) prior to the allocation described in
paragraph (3)(B), apportion to each State the amount of
the total rural allocation calculated under
subparagraph (A) attributable to such State based the
proportion that--
``(i) the asset vehicle miles for buses
beyond the useful life benchmark (established
by the Federal Transit Administration) for
rural subrecipients described in paragraph (2)
in such State; bears to
``(ii) the total asset vehicle miles
described in subparagraph (A)(i).
``(5) Application of other provisions.--Paragraphs (3),
(7), and (8) of subsection (a) shall apply to eligible
recipients and subrecipients described in paragraph (2) of a
grant under this subsection.
``(6) Prohibition.--No eligible recipient or subrecipient
outside the top 5 percent of asset vehicle miles for buses
beyond the useful life benchmark established by the Federal
Transit Administration may receive a grant in both fiscal year
2023 and fiscal year 2024.
``(7) Requirement.--The Secretary shall require--
``(A) States to expend, to the benefit of the
subrecipients eligible under paragraph (2), the
apportioned funds attributed to such subrecipients; and
``(B) designated recipients to provide the
allocated funds to the recipients eligible under
paragraph (2) the apportioned funds attributed to such
recipients.''.
SEC. 2405. WORKFORCE DEVELOPMENT TRAINING GRANTS.
Section 5339 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Workforce Development Training Grants.--
``(1) In general.--Not less than 12.5 percent of funds
authorized to be made available for subsection (c) shall be
available to fund workforce development training eligible under
section 5314(b)(2) (including registered apprenticeships and
other labor-management training programs), related to
operations or maintenance of zero emission vehicles.
``(2) Eligible recipients.--Recipients eligible under
subsection (c) shall be eligible to receive a grant under this
subsection.
``(3) Federal share.--The Federal share of the cost of an
eligible project carried out under this subsection shall be 100
percent.
``(4) Prioritization.--In making grants under this
subsection, the Secretary shall prioritize applications that
jointly fund training as part of a vehicle procurement
application under subsection (c).''.
Subtitle E--Supporting All Riders
SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.
Section 5336(j) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``75 percent'' and
inserting ``50 percent'';
(2) in paragraph (2) by striking ``25 percent'' and
inserting ``12.5 percent''; and
(3) by adding at the end the following:
``(3) 30 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population of
200,000 or more in the ratio that--
``(A) the number of individuals in each such
urbanized area residing in an urban census tract with a
poverty rate of at least 20 percent during the 5 years
most recently ending; bears to
``(B) the number of individuals in all such
urbanized areas residing in an urban census tract with
a poverty rate of at least 20 percent during the 5
years most recently ending.
``(4) 7.5 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
less than 200,000 in the ratio that--
``(A) the number of individuals in each such
urbanized area residing in an urban census tract with a
poverty rate of at least 20 percent during the 5 years
most recently ending; bears to
``(B) the number of individuals in all such areas
residing in an urban census tract with a poverty rate
of at least 20 percent during the 5 years most recently
ending.''.
SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.
Section 5311 of title 49, United States Code, as amended in section
2204, is further amended--
(1) in subsection (a) by adding at the end the following:
``(3) Persistent poverty county.--The term `persistent
poverty county' means any county with a poverty rate of at
least 20 percent--
``(A) as determined in each of the 1990 and 2000
decennial censuses;
``(B) in the Small Area Income and Poverty
Estimates of the Bureau of the Census for the most
recent year for which the estimates are available; and
``(C) has at least 25 percent of its population in
rural areas.'';
(2) in subsection (b)(2)(C)(i) by inserting ``and
persistent poverty counties'' before the semicolon; and
(3) in subsection (c) by striking paragraph (2) and
inserting the following:
``(2) Persistent poverty public transportation assistance
program.--
``(A) In general.--The Secretary shall carry out a
public transportation assistance program for areas of
persistent poverty.
``(B) Apportionment.--Of amounts made available or
appropriated for each fiscal year under section
5338(a)(2)(E)(ii) to carry out this paragraph, the
Secretary shall apportion funds to recipients for
service in, or directly benefitting, persistent poverty
counties for any eligible purpose under this section in
the ratio that--
``(i) the number of individuals in each
such rural area residing in a persistent
poverty county; bears to
``(ii) the number of individuals in all
such rural areas residing in a persistent
poverty county.''.
SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT REDUCED FARE TRANSIT.
Section 5312 of title 49, United States Code, is amended by adding
at the end the following:
``(j) Demonstration Grants To Support Reduced Fare Transit.--
``(1) In general.--Not later than 300 days after the date
of enactment of the INVEST in America Act, the Secretary shall
award grants (which shall be known as `Access to Jobs Grants')
to eligible entities, on a competitive basis, to implement
reduced fare transit service.
``(2) Notice.--Not later than 180 days after the date of
enactment of the INVEST in America Act, the Secretary shall
provide notice to eligible entities of the availability of
grants under paragraph (1).
``(3) Application.--To be eligible to receive a grant under
this subsection, an eligible recipient shall submit to the
Secretary an application containing such information as the
Secretary may require, including, at a minimum, the following:
``(A) A description of how the eligible entity
plans to implement reduced fare transit access with
respect to low-income individuals, including any
eligibility requirements for such transit access.
``(B) A description of how the eligible entity will
consult with local community stakeholders, labor
unions, local education agencies and institutions of
higher education, public housing agencies, and
workforce development boards in the implementation of
reduced fares.
``(C) A description of the eligible entity's
current fare evasion enforcement policies, including
how the eligible entity plans to use the reduced fare
program to reduce fare evasion.
``(D) An estimate of additional costs to such
eligible entity as a result of reduced transit fares.
``(E) A plan for a public awareness campaign of the
transit agency's ability to provide reduced fares,
including in foreign languages, based on--
``(i) data from the Bureau of the Census,
consistent with the local area demographics
where the transit agency operates, including
the languages that are most prevalent and
commonly requested for translation services; or
``(ii) qualitative and quantitative
observation from community service providers
including those that provide health and mental
health services, social services,
transportation, and other relevant social
services.
``(F) Projected impacts on ridership.
``(G) Projected benefits in closing transit equity
gaps.
``(H) Projected impact on the ability of students
to access education or workforce training programs.
``(4) Grant duration.--Grants awarded under this subsection
shall be for a 2-year period.
``(5) Selection of eligible recipients.--In carrying out
the program under this subsection, the Secretary shall award
not more than 20 percent of grants to eligible entities located
in rural areas.
``(6) Uses of funds.--An eligible entity receiving a grant
under this subsection shall use such grant to implement a
reduced fare transit program and offset lost fare revenue.
``(7) Rule of construction.--Nothing in this section shall
be construed to limit the eligibility of an applicant if a
State, local, or Tribal governmental entity provides reduced
fare transportation to low-income individuals.
``(8) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means a State, local, or Tribal governmental entity
that operates a public transportation service and is a
recipient or subrecipient of funds under this chapter.
``(B) Low-income individual.--The term `low-income
individual' means an individual--
``(i) that has qualified for--
``(I) any program of medical
assistance under a State plan or under
a waiver of the plan under title XIX of
the Social Security Act (42 U.S.C. 1396
et seq.);
``(II) supplemental nutrition
assistance program (SNAP) under the
Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.);
``(III) the program of block grants
for States for temporary assistance for
needy families (TANF) established under
part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(IV) the free and reduced price
school lunch program established under
the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.);
``(V) a housing voucher through
section 8(o) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(o));
``(VI) benefits under the Low-
Income Home Energy Assistance Act of
1981;
``(VII) special supplemental food
program for women, infants and children
(WIC) under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
or
``(VIII) a Federal Pell Grant under
section 401 of the Higher Education Act
of 1965 (20 U.S.C. 1070a);
``(ii) whose family income is at or below a
set percent (as determined by the eligible
recipient) of the poverty line (as that term is
defined in section 673(2) of the Community
Service Block Grant Act (42 U.S.C. 9902(2)),
including any revision required by that
section) for a family of the size involved; or
``(iii) that is a low-income veteran or
member of the military.
``(9) Report.--The Secretary shall designate a university
transportation center under section 5505 to collaborate with
the eligible entities receiving a grant under this subsection
to collect necessary data to evaluate the effectiveness of
meeting the targets described in the application of such
recipient, including increased ridership, impacts on fare
evasion, and progress towards significantly closing transit
equity gaps.''.
SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING.
(a) Best Practices.--
(1) In general.--
(A) Assistance to providers of public transit.--Not
later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall issue
nonbinding best practices to assist providers of public
transportation in setting the threshold for a major
service change as described in Circular 4702.1B of the
Federal Transit Administration.
(B) Specific providers of public transit.--For the
purposes of this section, the term ``providers of
public transportation'' means providers that operate 50
or more fixed route vehicles in peak service and are
located in an urbanized area of 200,000 or more in
population.
(2) Best practices.--In developing the best practices
described in paragraph (1), the Secretary--
(A) shall issue specific recommendations for
setting the threshold of a major service change, which
shall include, at a minimum, recommendations related
to--
(i) changes in hours of operations,
including consideration of changes during
nonpeak hours;
(ii) changes in the frequency of service;
(iii) changes in coverage, including the
opening and closing of stations and stops and
the changing of routes; and
(iv) the use of route-specific analyses in
addition to service-area level analyses;
(B) shall recommend specific percentage change
standards for the elements described in clauses (i),
(ii), and (iii) of subparagraph (A) to assist providers
of public transportation in setting the threshold for a
major service change in a manner that ensures
meaningful analyses and the provision of equitable
service; and
(C) may issue different best practices for
providers of public transportation of different sizes
and service types.
(b) Transit Cooperative Research Program Report.--
(1) Review.--Not later than 3 years after the issuance of
the best practices described in subsection (a), the Transit
Cooperative Research Program of the National Academy of
Sciences shall conduct a review of the manner in which
providers of public transportation define the threshold for a
major service change for purposes of compliance with Circular
4702.1B of the Federal Transit Administration, including--
(A) a survey of the standards used by providers of
public transportation to define the threshold for a
major service change;
(B) a review of the differences in standards used
to define the threshold for a major service change for
providers of public transportation of different sizes
and service types;
(C) information on the considerations used by
providers of public transportation when defining the
threshold for a major service change; and
(D) the extent to which providers of public
transportation are using the best practices described
in subsection (a).
(2) Report.--After the completion of the review described
in paragraph (1), the National Academy of Sciences shall issue
a report on the findings of the review and submit such report
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
SEC. 2505. GAO STUDY ON FARE-FREE TRANSIT.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the provision of fare-free transit service in the
United States, including an assessment of--
(1) the extent to which fare-free transit is available in
the United States; and
(2) the potential impacts of fare-free transit, which may
include--
(A) increased transit ridership;
(B) improved access to transportation for low-
income riders and marginalized communities;
(C) improved access to jobs and services;
(D) enhanced equity of the surface transportation
system;
(E) reductions in disputes or law enforcement
actions related to transit fares;
(F) any expected cost savings for transit agencies
and law enforcement agencies responsible for enforcing
fare evasion policies;
(G) environmental impacts;
(H) safety considerations; and
(I) the challenges of replacing farebox revenue.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate a
report containing the results of the study conducted under subsection
(a).
SEC. 2506. TRANSIT TO TRAILS GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average populations of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-white race.
(F) Hispanic.
(G) Latino.
(2) Critically underserved community.--The term
``critically underserved community'' means--
(A) a community that can demonstrate to the
Secretary that the community has inadequate,
insufficient, or no park space or recreation
facilities, including by demonstrating--
(i) quality concerns relating to the
available park space or recreation facilities;
(ii) the presence of recreational
facilities that do not serve the needs of the
community; or
(iii) the inequitable distribution of park
space for high-need populations, based on
income, age, or other measures of vulnerability
and need;
(B) a community in which at least 50 percent of the
population is not located within \1/2\ mile of park
space; or
(C) any other community that the Secretary
determines to be appropriate.
(3) Designated service area.--The term ``designated service
area'' means a geographical area recommended by a designated
official planning agency, that defines the community where
coordinated transportation services are be provided to the
transportation disadvantaged.
(4) Disproportionate burden of adverse human health or
environmental effects.--The term ``disproportionate burden of
adverse human health or environmental effects'' means a
situation where there exists higher or more adverse human
health or environmental effects on communities of color, low
income communities, and Tribal and indigenous communities.
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a State or local government entity;
(B) a political subdivision of a State (including a
city or a county);
(C) a special purpose district (including a park
district);
(D) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)); or
(E) a metropolitan planning organization (as
defined in section 134(b) of title 23, United States
Code).
(6) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low income
communities, or Tribal and indigenous communities, that
experience, or is at risk of experiencing higher or more
adverse human health or environmental effects.
(7) Low income community.--the term ``low income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(8) Microtransit.--The term ``microtransit'' means low-
capacity transportation service carrying small numbers of
people at a time.
(9) Program.--The term ``program'' means the Transit to
Trails Grant Program established under subsection (b)(1).
(10) Rural area.--The term ``rural area'' means a community
that is not an urbanized area.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(12) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or
possession of the United States.
(13) Transportation connector.--
(A) In general.--The term ``transportation
connector'' means a system that--
(i) connects 2 zip codes or communities
within a 175-mile radius of a designated
service area; and
(ii) provides public transportation.
(B) Inclusions.--The term ``transportation
connector'' includes microtransits, bus lines, light
rail, rapid transits, or personal rapid transits.
(b) Grant Program.--
(1) Establishment.--The Secretary shall establish a grant
program, to be known as the ``Transit to Trails Grant
Program'', under which the Secretary shall award grants to
eligible entities for--
(A) projects that develop transportation connectors
or routes in or serving, and related culturally and
linguistically appropriate education materials for,
critically underserved communities to increase access
and mobility to Federal or non-Federal public land,
inland and costal waters, parkland, or monuments; or
(B) projects that facilitate transportation
improvements to enhance access to Federal or non-
Federal public land and recreational opportunities in
critically underserved communities.
(2) Administration.--
(A) In general.--The Secretary shall administer the
program to assist eligible entities in the development
of public transportation routes in or serving, and
related culturally and linguistically appropriate
education materials for, critically underserved
communities to increase access and mobility to Federal
or non-Federal public land, inland and coastal waters,
parkland, or monuments.
(B) Joint partnerships.--The Secretary shall
encourage joint partnership projects under the program,
if available, among multiple agencies, including school
districts, nonprofit organizations, metropolitan
planning organizations, regional transportation
authorities, transit agencies, and State and local
governmental agencies (including park and recreation
agencies and authorities) to enhance investment of
public sources.
(C) Annual grant project proposal solicitation,
review, and approval.--
(i) In general.--The Secretary shall--
(I) annually solicit the submission
of project proposals for grants from
eligible entities under the program;
and
(II) review each project proposal
submitted under subclause (I) on a
timeline established by the Secretary.
(ii) Required elements for project
proposal.--A project proposal submitted under
clause (i)(I) shall include--
(I) a statement of the purposes of
the project;
(II) the name of the entity or
individual with overall responsibility
for the project;
(III) a description of the
qualifications of the entity or
individuals identified under subclause
(II);
(IV) a description of--
(aa) staffing and
stakeholder engagement for the
project;
(bb) the logistics of the
project; and
(cc) anticipated outcomes
of the project;
(V) a proposed budget for the funds
and time required to complete the
project;
(VI) information regarding the
source and amount of matching funding
available for the project;
(VII) information that demonstrates
the clear potential of the project to
contribute to increased access to
parkland for critically underserved
communities; and
(VIII) any other information that
the Secretary considers to be necessary
for evaluating the eligibility of the
project for funding under the program.
(D) Priority.--To the extent practicable, in
determining whether to approve project proposals under
the program, the Secretary shall prioritize projects
that--
(i) are designed to increase access and
mobility to local or neighborhood Federal or
non-Federal public land, inland and costal
waters, parkland, monuments, or recreational
opportunities;
(ii) utilize low- or no-emission vehicles;
(iii) provide free or discounted rates for
low income riders;
(iv) provide opportunities for youth
engagement;
(v) projects established in communities of
color, low-income communities, Tribal or
indigenous communities, or rural communities;
and
(vi) comply with relevant regulations in
the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(3) Transportation planning procedures.--
(A) Procedures.-- In consultation with the head of
each appropriate Federal land management agency, the
Secretary shall ensure that projects conducted under
the program that are consistent with metropolitan and
statewide planning processes.
(B) Requirements.--In carrying out the program, the
Secretary shall ensure the following:
(i) All projects carried out under the
program will comply with sections 5303 and 5304
of title 49, United States Code.
(ii) All new transportation connectors and
routes established under a project shall be
accessible in accordance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) accessibility specifications for
transportation vehicles.
(iii) State department of transportation
agencies shall engage with relevant
stakeholders consistent with sections
5304(f)(3) and 5404(g)(3) of title 49, United
States Code, and metropolitan planning
organizations shall engage with relevant
stakeholders consistent with sections
5303(g)(3)(B), 5303(i)(5), and 5303(i)(6) of
title 49, United States Code, in addition to
faith-based and community-based organizations.
(iv) Except as otherwise provided under
this section, a grant provided under this
section shall be subject to the requirements of
section 5307 of title 49, United States Code.
(4) Federal share.--
(A) In general.--The Federal share of the cost of
an eligible project carried our under this subsection
shall not exceed 80 percent.
(B) Non-federal share.--The non-Federal share of
the cost of an eligible project carried out under this
subsection may be derived from in-kind contributions.
(5) Eligible uses.--Grant funds provided under the program
may be used--
(A) to develop transportation connectors or routes
in or serving, and related culturally and
linguistically appropriate education materials for,
critically underserved communities to increase access
and mobility to Federal and non-Federal public land,
inland and costal waters, parkland, and monuments; and
(B) to create or significantly enhance access to
Federal or non-Federal public land and recreational
opportunities in an urban area or a rural area.
(6) Grant amount.--A grant provided under the program shall
be--
(A) not less than $25,000; and
(B) not more than $500,000.
(7) Technical assistance.--It is the intent of Congress
that grants provided under the program deliver project funds to
areas of greatest need while offering technical assistance to
all applicants and potential applicants for grant preparation
to encourage full participation in the program.
(c) Reporting Requirement.--
(1) Reports by grant recipients.--The Secretary shall
require a recipient of a grant under the program to submit to
the Secretary at least 1 performance and financial report
that--
(A) includes--
(i) demographic data on communities served
by the project; and
(ii) a summary of project activities
conducted after receiving the grant; and
(B) describes the status of each project funded by
the grant as of the date of the report.
(2) Additional reports.--In addition to the report required
under paragraph (1), the Secretary may require additional
reports from a recipient, as the Secretary determines to be
appropriate, including a final report.
(3) Deadlines.--The Secretary shall establish deadlines for
the submission of each report required under paragraph (1) or
(2).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for fiscal years
2023 and 2024 and $20,000,000 for fiscal years 2025 and 2026.
Subtitle F--Supporting Frontline Workers and Passenger Safety
SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING CENTER.
Section 5314(b) of title 49, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) National transit frontline workforce training
center.--
``(A) Establishment.--The Secretary shall establish
a national transit frontline workforce training center
(hereinafter referred to as the `Center') and enter
into a cooperative agreement with a nonprofit
organization with a demonstrated capacity to develop
and provide transit career pathway programs through
labor-management partnerships and registered
apprenticeships on a nationwide basis, in order to
carry out the duties under subparagraph (B). The Center
shall be dedicated to the needs of the frontline
transit workforce in both rural and urban transit
systems by providing training in the maintenance and
operations occupations based on industry best
practices.
``(B) Duties.--
``(i) In general.--In cooperation with the
Administrator of the Federal Transit
Administration, public transportation
authorities, and national entities, the Center
shall develop and conduct training and
educational programs for frontline local
transportation employees of recipients eligible
for funds under this chapter.
``(ii) Training and educational programs.--
The training and educational programs developed
under clause (i) may include courses in recent
developments, techniques, and procedures
related to--
``(I) developing consensus national
training standards, skills,
competencies, and recognized
postsecondary credentials in
partnership with industry stakeholders
for key frontline transit occupations
with demonstrated skill gaps;
``(II) developing recommendations
and best practices for curriculum and
recognized postsecondary credentials,
including related instruction and on-
the-job learning for registered
apprenticeship programs for transit
maintenance and operations occupations;
``(III) building local, regional,
and statewide transit training
partnerships to identify and address
workforce skill gaps and develop
skills, competencies, and recognized
postsecondary credentials needed for
delivering quality transit service and
supporting employee career advancement;
``(IV) developing programs for
training of transit frontline workers,
instructors, mentors, and labor-
management partnership representatives,
in the form of classroom, hands-on, on-
the-job, and web-based training,
delivered at a national center,
regionally, or at individual transit
agencies;
``(V) developing training programs
for skills and competencies related to
existing and emerging transit
technologies, including zero emission
buses;
``(VI) developing improved capacity
for safety, security, and emergency
preparedness in local transit systems
and in the industry as a whole
through--
``(aa) developing the role
of the transit frontline
workforce in building and
sustaining safety culture and
safety systems in the industry
and in individual public
transportation systems; and
``(bb) training to address
transit frontline worker roles
in promoting health and safety
for transit workers and the
riding public;
``(VII) developing local transit
capacity for career pathways programs
with schools and other community
organizations for recruiting and
training under-represented populations
as successful transit employees who can
develop careers in the transit
industry;
``(VIII) in collaboration with the
Administrator of the Federal Transit
Administration, the Bureau of Labor
Statistics, the Employment and Training
Adminstration, and organizations
representing public transit agencies,
conducting and disseminating research
to--
``(aa) provide transit
workforce job projections and
identify training needs and
gaps;
``(bb) determine the most
cost-effective methods for
transit workforce training and
development, including return
on investment analysis;
``(cc) identify the most
effective methods for
implementing successful safety
systems and a positive safety
culture; and
``(dd) promote transit
workforce best practices for
achieving cost-effective,
quality, safe, and reliable
public transportation services;
and
``(IX) providing culturally
competent training and educational
programs to all who participate,
regardless of gender, sexual
orientation, or gender identity,
including those with limited English
proficiency, diverse cultural and
ethnic backgrounds, and disabilities.
``(C) Coordination.--The Secretary shall coordinate
activities under this section, to the maximum extent
practicable, with the Employment and Training
Administration, including the National Office of
Apprenticeship of the Department of Labor and the
Office of Career, Technical, and Adult Education of the
Department of Education.
``(D) Availability of amounts.--
``(i) In general.--Not more than 1 percent
of amounts made available to a recipient under
sections 5307, 5337, and 5339 and not more than
2 percent of amounts made available to a
recipient under section 5311 is available for
expenditures by the recipient, with the
approval of the Secretary, to pay not more than
80 percent of the cost of eligible activities
under this subsection.
``(ii) Existing programs.--A recipient may
use amounts made available under clause (i) to
carry out existing local education and training
programs for public transportation employees
supported by the Secretary, the Department of
Labor, or the Department of Education.
``(iii) Limitation.--Any funds made
available under this section that are used to
fund an apprenticeship or apprenticeship
program shall only be used for, or provided to,
a registered apprenticeship program, including
any funds awarded for the purposes of grants,
contracts, or cooperative agreements, or the
development, implementation, or administration,
of an apprenticeship or an apprenticeship
program.
``(E) Definitions.--In this paragraph:
``(i) Career pathway.--The term `career
pathway' has the meaning given such term in
section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(ii) Recognized postsecondary
credential.--The term `recognized postsecondary
credential' has the meaning given such term in
section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(iii) Registered apprenticeship
program.--The term `registered apprenticeship
program' means an apprenticeship program
registered with the Department of Labor or a
Federally-recognized State Apprenticeship
Agency and that complies with the requirements
under parts 29 and 30 of title 29, Code of
Federal Regulations, as in effect on January 1,
2019.'';
(2) in paragraph (3) by striking ``or (2)''; and
(3) by striking paragraph (4).
SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.
Section 5329 of title 49, United States Code, is amended--
(1) in subsection (b)(2)(C)(ii)--
(A) in subclause (I) by striking ``and'' at the
end;
(B) in subclause (II) by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following:
``(III) innovations in driver
assistance technologies and driver
protection infrastructure where
appropriate, and a reduction in
visibility impairments that contribute
to pedestrian fatalities;'';
(2) in subsection (b)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) in consultation with the Secretary of the
Department of Health and Human Services, precautionary
and reactive actions required to ensure public and
personnel safety and health during an emergency as
defined in section 5324;'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting ``the
safety committee established under paragraph
(4), and subsequently,'' before ``the board of
directors'';
(ii) in subparagraph (C) by striking
``public, personnel, and property'' and
inserting ``public and personnel to injuries,
assaults, fatalities, and, consistent with
guidelines by the Centers for Disease Control
and Prevention, infectious diseases, and
strategies to minimize the exposure of
property'';
(iii) in subparagraph (F) by striking
``and'' at the end; and
(iv) by striking subparagraph (G) and
inserting the following:
``(G) a comprehensive staff training program for
the operations and maintenance personnel and personnel
directly responsible for safety of the recipient that
includes--
``(i) the completion of a safety training
program;
``(ii) continuing safety education and
training; and
``(iii) de-escalation training;
``(H) a requirement that the safety committee only
approve a safety plan under subparagraph (A) if such
plan stays within such recipient's fiscal budget; and
``(I) a risk reduction program for transit
operations to improve safety by reducing the number and
rates of accidents, injuries, and assaults on transit
workers using data submitted to the National Transit
Database, including--
``(i) a reduction of vehicular and
pedestrian accidents involving buses that
includes measures to reduce visibility
impairments for bus operators that contribute
to accidents, including retrofits to buses in
revenue service and specifications for future
procurements that reduce visibility
impairments; and
``(ii) transit worker assault mitigation,
including the deployment of assault mitigation
infrastructure and technology on buses,
including barriers to restrict the unwanted
entry of individuals and objects into bus
operators' workstations when a recipient's risk
analysis performed by the safety committee
established in paragraph (4) determines that
such barriers or other measures would reduce
assaults on and injuries to transit workers.'';
and
(B) by adding at the end the following:
``(4) Safety committee.--For purposes of the approval
process of an agency safety plan under paragraph (1), the
safety committee shall be convened by a joint labor-management
process and consist of an equal number of--
``(A) frontline employee representatives, selected
by the labor organization representing the plurality of
the frontline workforce employed by the recipient or if
applicable a contractor to the recipient; and
``(B) employer or State representatives.''; and
(4) in subsection (e)(4)(A)(v) by inserting ``,
inspection,'' after ``has investigative''.
SEC. 2603. INNOVATION WORKFORCE STANDARDS.
(a) Prohibition on Use of Funds.--No financial assistance under
chapter 53 of title 49, United States Code, may be used for--
(1) an automated vehicle providing public transportation
unless--
(A) the recipient of such assistance that proposes
to deploy an automated vehicle providing public
transportation certifies to the Secretary of
Transportation that the deployment does not eliminate
or reduce the frequency of existing public
transportation service; and
(B) the Secretary receives, approves, and publishes
the workforce development plan under subsection (b)
submitted by the eligible entity when required by
subsection (b)(1); and
(2) a mobility on demand service unless--
(A) the recipient of such assistance that proposes
to deploy a mobility on demand service certifies to the
Secretary that the service meets the criteria under
section 5307, 5310, 5311, 5312, or 5316 of title 49,
United States Code; and
(B) the Secretary receives, approves, and publishes
the workforce development plan under subsection (b)
submitted by the eligible entity when required by
subsection (b)(1).
(b) Workforce Development Plan.--
(1) In general.--A recipient of financial assistance under
chapter 53 of title 49, United States Code, proposing to deploy
an automated vehicle providing public transportation or
mobility on demand service shall submit to the Secretary, prior
to implementation of such service, a workforce development plan
if such service, combined with any other automated vehicle
providing public transportation or mobility on demand service
offered by such recipient, would exceed more than 0.5 percent
of the recipient's total annual transit passenger miles
traveled.
(2) Contents.--The workforce development plan under
subsection (a) shall include the following:
(A) A description of services offered by existing
conventional modes of public transportation in the area
served by the recipient that could be affected by the
proposed automated vehicle providing public
transportation or mobility on demand service, including
jobs and functions of such jobs.
(B) A forecast of the number of jobs provided by
existing conventional modes of public transportation
that would be eliminated or that would be substantially
changed and the number of jobs expected to be created
by the proposed automated vehicle providing public
transportation or mobility on demand service over a 5-
year period from the date of the publication of the
workforce development plan.
(C) Identified gaps in skills needed to operate and
maintain the proposed automated vehicle providing
public transportation or mobility on demand service.
(D) A comprehensive plan to transition, train, or
retrain employees that could be affected by the
proposed automated vehicle providing public
transportation or mobility on demand service.
(E) An estimated budget to transition, train, or
retrain employees impacted by the proposed automated
vehicle providing public transportation or mobility on
demand service over a 5-year period from the date of
the publication of the workforce development plan.
(c) Notice Required.--
(1) In general.--A recipient of financial assistance under
chapter 53 of title 49, United States Code, shall issue a
notice to employees who, due to the use of an automated vehicle
providing public transportation or mobility on demand service,
may be subjected to a loss of employment or a change in
responsibilities not later than 60 days before signing a
contract for such service or procurement. A recipient shall
provide employees copies of a request for a proposal related to
an automated vehicle providing public transportation or
mobility on demand services at the time such request is issued.
(2) Content.--The notice required in paragraph (1) shall
include the following:
(A) A description of the automated vehicle
providing public transportation or mobility on demand
service.
(B) The impact of the automated vehicle providing
public transportation or mobility on demand service on
employment positions, including a description of which
employment positions will be affected and whether any
new positions will be created.
(d) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle''
means a motor vehicle that--
(A) is capable of performing the entire task of
driving (including steering, accelerating and
decelerating, and reacting to external stimulus)
without human intervention; and
(B) is designed to be operated exclusively by a
Level 4 or Level 5 automated driving system for all
trips according to the recommended practice standards
published on June 15, 2018, by the Society of
Automotive Engineers International (J3016_201806) or
equivalent standards adopted by the Secretary with
respect to automated motor vehicles.
(2) Mobility on demand.--The term ``mobility on demand''
has the meaning given such term in section 5316 of title 49,
United States Code.
(3) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
(e) Savings Clause.--Nothing in this section shall prohibit the use
of funds for an eligible activity or pilot project of a covered
recipient authorized under current law prior to the date of enactment
of this Act.
SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET ASIDES.
Section 5329(d)(2) of title 49, United States Code, is amended to
read as follows:
``(2) Safety committee performance measures.--
``(A) In general.--The safety committee described
in paragraph (4) shall establish performance measures
for the risk reduction program in paragraph (1)(I)
using a 3-year rolling average of the data submitted by
the recipient to the National Transit Database.
``(B) Safety set aside.--With respect to a
recipient serving an urbanized area that receives funds
under section 5307, such recipient shall allocate not
less than 0.75 percent of such funds to projects
eligible under section 5307.
``(C) Failure to meet performance measures.--Any
recipient that receives funds under section 5307 that
does not meet the performance measures established in
subparagraph (A) shall allocate the amount made
available in subparagraph (B) in the following fiscal
year to projects described in subparagraph (D).
``(D) Eligible projects.--Funds set aside under
this paragraph shall be used for projects that are
reasonably likely to meet the performance measures
established in subparagraph (A), including
modifications to rolling stock and de-escalation
training.''.
SEC. 2605. U.S. EMPLOYMENT PLAN.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5341. U.S. Employment Plan
``(a) Definitions.--In this section:
``(1) Commitment to high-quality career and business
opportunities.--The term `commitment to high-quality career and
business opportunities' means participation in a registered
apprenticeship program.
``(2) Covered infrastructure program.--The term `covered
infrastructure program' means any activity under a program or
project under this chapter for the purchase or acquisition of
rolling stock.
``(3) U.S. employment plan.--The term `U.S. Employment
Plan' means a plan under which an entity receiving Federal
assistance for a project under a covered infrastructure program
shall--
``(A) include in a request for proposal an
encouragement for bidders to include, with respect to
the project--
``(i) high-quality wage, benefit, and
training commitments by the bidder and the
supply chain of the bidder for the project; and
``(ii) a commitment to recruit and hire
individuals described in subsection (e) if the
project results in the hiring of employees not
currently or previously employed by the bidder
and the supply chain of the bidder for the
project;
``(B) give preference for the award of the contract
to a bidder that includes the commitments described in
clauses (i) and (ii) of subparagraph (A); and
``(C) ensure that each bidder that includes the
commitments described in clauses (i) and (ii) of
subparagraph (A) that is awarded a contract complies
with those commitments.
``(4) Registered apprenticeship program.--The term
`registered apprenticeship program' means an apprenticeship
program registered under the Act of August 16, 1937 (commonly
known as the `National Apprenticeship Act'; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.), including any requirement,
standard, or rule promulgated under such Act, as such
requirement, standard, or rule was in effect on December 30,
2019.
``(b) Best-Value Framework.--To the maximum extent practicable, a
recipient of assistance under a covered infrastructure program is
encouraged--
``(1) to ensure that each dollar invested in infrastructure
uses a best-value contracting framework to maximize the local
value of federally funded contracts by evaluating bids on price
and other technical criteria prioritized in the bid, such as--
``(A) equity;
``(B) environmental and climate justice;
``(C) impact on greenhouse gas emissions;
``(D) resilience;
``(E) the results of a 40-year life-cycle analysis;
``(F) safety;
``(G) commitment to creating or sustaining high-
quality job opportunities affiliated with registered
apprenticeship programs (as defined in subsection
(a)(3)) for disadvantaged or underrepresented
individuals in infrastructure industries in the United
States; and
``(H) access to jobs and essential services by all
modes of travel for all users, including individuals
with disabilities; and
``(2) to ensure community engagement, transparency, and
accountability in carrying out each stage of the project.
``(c) Preference for Registered Apprenticeship Programs.--To the
maximum extent practicable, a recipient of assistance under a covered
infrastructure program, with respect to the project for which the
assistance is received, shall give preference to a bidder that
demonstrates a commitment to high-quality job opportunities affiliated
with registered apprenticeship programs.
``(d) Use of U.S. Employment Plan.--Notwithstanding any other
provision of law, in carrying out a project under a covered
infrastructure program that receives assistance under this chapter, the
recipient shall use a U.S. Employment Plan for each contract of
$10,000,000 or more for the purchase of manufactured goods or of
services, based on an independent cost estimate.
``(e) Priority.--The Secretary shall ensure that the entity
carrying out a project under the covered infrastructure program gives
priority to--
``(1) individuals with a barrier to employment (as defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102)), including ex-offenders and disabled
individuals;
``(2) veterans; and
``(3) individuals that represent populations that are
traditionally underrepresented in the infrastructure workforce,
such as women and racial and ethnic minorities.
``(f) Report.--Not less frequently than once each fiscal year, the
Secretary shall jointly submit to Congress a report describing the
implementation of this section.
``(g) Intent of Congress.--
``(1) In general.--It is the intent of Congress--
``(A) to encourage recipients of Federal assistance
under covered infrastructure programs to use a best-
value contracting framework described in subsection (b)
for the purchase of goods and services;
``(B) to encourage recipients of Federal assistance
under covered infrastructure programs to use
preferences for registered apprenticeship programs as
described in subsection (c) when evaluating bids for
projects using that assistance;
``(C) to require that recipients of Federal
assistance under covered infrastructure programs use
the U.S. Employment Plan in carrying out the project
for which the assistance was provided; and
``(D) that full and open competition under covered
infrastructure programs means a procedural competition
that prevents corruption, favoritism, and unfair
treatment by recipient agencies.
``(2) Inclusion.--A best-value contracting framework
described in subsection (b) is a framework that authorizes a
recipient of Federal assistance under a covered infrastructure
program, in awarding contracts, to evaluate a range of factors,
including price, the quality of products, the quality of
services, and commitments to the creation of good jobs for all
people in the United States.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by adding at the end the following:
``5341. U.S. Employment Plan.''.
SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.
Section 5314(a) of title 49, United States Code, is amended--
(1) in paragraph (2) by inserting after subparagraph (H)
(as added by section 2104 of this Act) the following:
``(I) provide innovation and capacity-building to
rural and tribal public transportation recipients that
do not duplicate the activities of sections 5311(b) or
5312;''; and
(2) by adding at the end the following:
``(5) Availability of amounts.--Of the amounts made
available to carry out this section under section
5338(a)(2)(G)(i), $1,500,000 shall be available to carry out
activities described in paragraph (2)(I).''.
SEC. 2607. RESILIENT PUBLIC TRANSPORTATION STUDY.
(a) Study.--The Secretary of Transportation shall conduct a study
on resilience planning and innovative resilience strategies for public
transportation and shared mobility.
(b) Contents.--In carrying out the study under subsection (a), the
Secretary shall assess--
(1) best practices for making public transportation more
resilient to external shocks, such as pandemics and natural
hazards; and
(2) new materials and technologies that may improve the
resilience of public transportation and shared mobility,
including innovative transit vehicles, emerging electric
vehicle chassis platforms, and smart air quality control
systems.
(c) Partnerships.--In carrying out the study under subsection (a),
the Secretary shall consult with institutions of higher education, as
such term is defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001), academic experts, and nonprofit organizations with
expertise in engineering, travel behavior, artificial intelligence,
policy analysis, planning, public healthy and safety, and social and
racial equity.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
the results of the study conducted under subsection (a).
SEC. 2608. SENSE OF CONGRESS REGARDING ELECTRIC VEHICLE TRANSITION
STRATEGY.
(a) Findings.--Congress finds the following:
(1) The transition to a modern electric fleet managed by
the nation's transit agencies represents a key opportunity to
modernize and green the public transit fleets.
(2) The impending fleet transition presents difficult
workforce challenges for the transit agencies and their
frontline workers as they prepare for the differences in
purchasing, maintaining, and managing new electric buses and
the related maintenance systems.
(3) The maintenance of electric engines requires fewer
mechanics than does the maintenance of diesel and natural gas
engines, which make up more than 99 percent of bus fleets in
the United States.
(4) Although approximately 400,000 people work in public
transportation, and of that figure, 90 percent work in the
frontline occupations, because of retirements and a massive
transition in the transit workforce, large changes are bound
for workers, transit agencies, and the communities that the
transit workforce serves.
(5) Based on the Department of Transportation and the
Department of Labor data from 2014, transit systems needed to
hire, train, and retain approximately 126 percent of their
workforce over a 10-year period.
(6) The Department of Transportation, the Federal Railroad
Administration, and sister Federal agencies like the Department
of Energy and the Department of Labor can offer resources,
strategy, and a research and development plan to prepare and
assist in the upcoming transition to electric and clean vehicle
systems.
(b) Sense of Congress.--It is the sense of Congress that the
transit industry needs an integrated, cooperative, and forward-looking
workforce development strategy in order to help frontline workers and
the transit agencies prepare for and mitigate the workforce disruption
challenges posed by the transition to electric vehicles and electric
buses.
Subtitle G--Transit-Supportive Communities
SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5327 the following:
``Sec. 5328. Transit-supportive communities
``(a) Establishment.--The Secretary shall establish within the
Federal Transit Administration, an Office of Transit-Supportive
Communities to make grants, provide technical assistance, and assist in
the coordination of transit and housing policies within the Federal
Transit Administration, the Department of Transportation, and across
the Federal Government.
``(b) Transit Oriented Development Planning Grant Program.--
``(1) Definition.--In this subsection the term `eligible
project' means--
``(A) a new fixed guideway capital project or a
core capacity improvement project as defined in section
5309;
``(B) an existing fixed guideway system, or an
existing station that is served by a fixed guideway
system; or
``(C) the immediate corridor along the highest 25
percent of routes by ridership as demonstrated in
section 5336(b)(2)(B).
``(2) General authority.--The Secretary may make grants
under this subsection to a State, local governmental authority,
or metropolitan planning organization to assist in financing
comprehensive planning associated with an eligible project that
seeks to--
``(A) enhance economic development, ridership,
equity, reduction of greenhouse gas emissions, or other
goals established during the project development and
engineering processes or the grant application;
``(B) facilitate multimodal connectivity and
accessibility;
``(C) increase access to transit hubs for
pedestrian and bicycle traffic;
``(D) enable mixed-use development;
``(E) identify infrastructure needs associated with
the eligible project; and
``(F) include private sector participation.
``(3) Eligibility.--A State, local governmental authority,
or metropolitan planning organization that desires to
participate in the program under this subsection shall submit
to the Secretary an application that contains at a minimum--
``(A) an identification of an eligible project;
``(B) a schedule and process for the development of
a comprehensive plan;
``(C) a description of how the eligible project and
the proposed comprehensive plan advance the
metropolitan transportation plan of the metropolitan
planning organization;
``(D) proposed performance criteria for the
development and implementation of the comprehensive
plan;
``(E) a description of how the project will advance
equity and reduce and mitigate social and economic
impacts on existing residents and businesses and
communities historically excluded from economic
opportunities vulnerable to displacement; and
``(F) identification of--
``(i) partners;
``(ii) availability of and authority for
funding; and
``(iii) potential State, local or other
impediments to the implementation of the
comprehensive plan.
``(4) Cost share.--A grant under this subsection shall not
exceed an amount in excess of 80 percent of total project
costs, except that a grant that includes an affordable housing
component shall not exceed an amount in excess of 90 percent of
total project costs.
``(c) Technical Assistance.--The Secretary shall provide technical
assistance to States, local governmental authorities, and metropolitan
planning organizations in the planning and development of transit-
oriented development projects and transit-supportive corridor policies,
including--
``(1) the siting, planning, financing, and integration of
transit-oriented development projects;
``(2) the integration of transit-oriented development and
transit-supportive corridor policies in the preparation for and
development of an application for funding under section 602 of
title 23;
``(3) the siting, planning, financing, and integration of
transit-oriented development and transit-supportive corridor
policies associated with projects under section 5309;
``(4) the development of housing feasibility assessments as
allowed under section 5309(g)(3)(B);
``(5) the development of transit-supportive corridor
policies that promote transit ridership and transit-oriented
development;
``(6) the development, implementation, and management of
land value capture programs; and
``(7) the development of model contracts, model codes, and
best practices for the implementation of transit-oriented
development projects and transit-supportive corridor policies.
``(d) Value Capture Policy Requirements.--
``(1) Value capture policy.--Not later than October 1 of
the fiscal year that begins 2 years after the date of enactment
of this section, the Secretary, in collaboration with State
departments of transportation, metropolitan planning
organizations, and regional council of governments, shall
establish voluntary and consensus-based value capture
standards, policies, and best practices for State and local
value capture mechanisms that promote greater investments in
public transportation and affordable transit-oriented
development.
``(2) Report.--Not later than 15 months after the date of
enactment of this section, the Secretary shall make available
to the public a report cataloging examples of State and local
laws and policies that provide for value capture and value
sharing that promote greater investment in public
transportation and affordable transit-oriented development.
``(e) Equity.--In providing technical assistance under subsection
(c), the Secretary shall incorporate strategies to promote equity for
underrepresented and underserved communities, including--
``(1) preventing displacement of existing residents and
businesses;
``(2) mitigating rent and housing price increases;
``(3) incorporating affordable rental and ownership housing
in transit-oriented development;
``(4) engaging under-served, limited English proficiency,
low-income, and minority communities in the planning process;
``(5) fostering economic development opportunities for
existing residents and businesses; and
``(6) targeting affordable housing that help lessen
homelessness.
``(f) Authority To Request Staffing Assistance.--In fulfilling the
duties of this section, the Secretary shall, as needed, request
staffing and technical assistance from other Federal agencies,
programs, administrations, boards, or commissions.
``(g) Review Existing Policies and Programs.--Not later than 24
months after the date of enactment of this section, the Secretary shall
review and evaluate all existing policies and programs within the
Federal Transit Administration that support or promote transit-oriented
development to ensure their coordination and effectiveness relative to
the goals of this section.
``(h) Reporting.--Not later than February 1 of each year beginning
the year after the date of enactment of this section, the Secretary
shall prepare a report detailing the grants and technical assistance
provided under this section, the number of affordable housing units
constructed or planned as a result of projects funded in this section,
and the number of affordable housing units constructed or planned as a
result of a property transfer under section 5334(h)(1). The report
shall be provided to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
``(i) Savings Clause.--Nothing in this section authorizes the
Secretary to provide any financial assistance for the construction of
housing.
``(j) Priority for Low-Income Areas.--In awarding grants under this
section, the Secretary shall give priority to projects under this
section that expand or build transit in low-income areas or that
provide access to public transportation to low-income areas that do not
have access to public transportation.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5327 the following:
``5328. Transit-supportive communities.''.
(c) Technical and Conforming Amendment.--Section 20005 of the MAP-
21 (Public Law 112-141) is amended--
(1) by striking ``(a) Amendment.--''; and
(2) by striking subsection (b).
SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.
Section 5334(h)(1) of title 49, United States Code, is amended to
read as follows:
``(1) In general.--If a recipient of assistance under this
chapter decides an asset acquired under this chapter at least
in part with that assistance is no longer needed for the
purpose for which such asset was acquired, the Secretary may
authorize the recipient to transfer such asset to--
``(A) a local governmental authority to be used for
a public purpose with no further obligation to the
Government if the Secretary decides--
``(i) the asset will remain in public use
for at least 5 years after the date the asset
is transferred;
``(ii) there is no purpose eligible for
assistance under this chapter for which the
asset should be used;
``(iii) the overall benefit of allowing the
transfer is greater than the interest of the
Government in liquidation and return of the
financial interest of the Government in the
asset, after considering fair market value and
other factors; and
``(iv) through an appropriate screening or
survey process, that there is no interest in
acquiring the asset for Government use if the
asset is a facility or land; or
``(B) a local governmental authority, nonprofit
organization, or other third party entity to be used
for the purpose of transit-oriented development with no
further obligation to the Government if the Secretary
decides--
``(i) the asset is a necessary component of
a proposed transit-oriented development
project;
``(ii) the transit-oriented development
project will increase transit ridership;
``(iii) at least 40 percent of the housing
units offered in the transit-oriented
development, including housing units owned by
nongovernmental entities, are legally binding
affordability restricted to tenants with
incomes at or below 60 percent of the area
median income or owners with incomes at or
below 60 percent the area median income;
``(iv) the asset will remain in use as
described in this section for at least 30 years
after the date the asset is transferred; and
``(v) with respect to a transfer to a third
party entity--
``(I) a local government authority
or nonprofit organization is unable to
receive the property;
``(II) the overall benefit of
allowing the transfer is greater than
the interest of the Government in
liquidation and return of the financial
interest of the Government in the
asset, after considering fair market
value and other factors; and
``(III) the third party has
demonstrated a satisfactory history of
construction or operating an affordable
housing development.''.
SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, is further amended--
(1) in subsection (g)--
(A) in paragraph (2)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) in the case of a new fixed guideway
capital project or a core capacity improvement
project, allow a weighting up to 5 percentage
points greater to the economic development or
land use criterion and up to 5 percentage
points lesser to the lowest scoring criterion
if the applicant demonstrates substantial
efforts to preserve or encourage affordable
housing near the project by providing
documentation of policies that allow by-right
multi-family housing, single room occupancy
units, or accessory dwelling units, providing
local capital sources for transit-oriented
development, or demonstrate other methods as
determined by the Secretary.''; and
(B) in paragraph (3) by adding at the end the
following:
``(B) establish a warrant that applies to the
economic development or land use project justification
criteria, provided that the applicant that requests a
warrant under this process has completed and submitted
a housing feasibility assessment.''; and
(2) in subsection (l)(4) by adding at the end the
following:
``(E) from grant proceeds distributed under section
103 of the Housing and Community Development Act of
1974 (42 U.S.C. 5303) or section 201 of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3141) provided that--
``(i) such funds are used in conjunction
with the planning or development of affordable
housing; and
``(ii) such affordable housing is located
within one-half of a mile of a new station.''.
Subtitle H--Innovation
SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM.
Section 5312(d) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Mobility innovation sandbox program.--The Secretary
may make funding available under this subsection to carry out
research on mobility on demand and mobility as a service
activities eligible under section 5316.''.
SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.
Section 5312(d) of title 49, United States Code, is further amended
by adding at the end the following:
``(4) Transit bus operator compartment redesign program.--
``(A) In general.--The Secretary may make funding
available under this subsection to carry out research
on redesigning transit bus operator compartments to
improve safety, operational efficiency, and passenger
accessibility.
``(B) Objectives.--Research objectives under this
paragraph shall include--
``(i) increasing bus operator safety from
assaults;
``(ii) optimizing operator visibility and
reducing operator distractions to improve
safety of bus passengers, pedestrians,
bicyclists, and other roadway users;
``(iii) expanding passenger accessibility
for positive interactions between operators and
passengers, including assisting passengers in
need of special assistance;
``(iv) accommodating passenger boarding,
alighting, and securement consistent with the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and
``(v) improving ergonomics to reduce bus
operator work-related health issues and
injuries, as well as locate key instrument and
control interfaces to improve operational
efficiency and convenience.
``(C) Activities.--Eligible activities under this
paragraph shall include--
``(i) measures to reduce visibility
impairments and distractions for bus operators
that contribute to accidents, including
retrofits to buses in revenue service and
specifications for future procurements that
reduce visibility impairments and distractions;
``(ii) the deployment of assault mitigation
infrastructure and technology on buses,
including barriers to restrict the unwanted
entry of individuals and objects into bus
operators' workstations;
``(iii) technologies to improve passenger
accessibility, including boarding, alighting,
and securement consistent with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.);
``(iv) installation of seating and
modification to design specifications of bus
operator workstations that reduce or prevent
injuries from ergonomic risks; or
``(v) other measures that align with the
objectives under subparagraph (B).
``(D) Eligible entities.--Entities eligible to
receive funding under this paragraph shall include
consortia consisting of, at a minimum:
``(i) recipients of funds under this
chapter that provide public transportation
services;
``(ii) transit vehicle manufacturers;
``(iii) representatives from organizations
engaged in collective bargaining on behalf of
transit workers in not fewer than three States;
and
``(iv) any nonprofit institution of higher
education, as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C.
1001).''.
SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY COUNTS INITIATIVE.
Section 5312 of title 49, United States Code, as amended by section
2503, is further amended by adding at the end the following:
``(k) Every Day Counts Initiative.--
``(1) In general.--It is in the national interest for the
Department of Transportation and recipients of Federal public
transportation funds--
``(A) to identify, accelerate, and deploy
innovation aimed at expediting project delivery,
enhancing the safety of transit systems of the United
States, and protecting the environment;
``(B) to ensure that the planning, design,
engineering, construction, and financing of
transportation projects is done in an efficient and
effective manner;
``(C) to promote the rapid deployment of proven
solutions that provide greater accountability for
public investments; and
``(D) to create a culture of innovation within the
transit community.
``(2) FTA every day counts initiative.--To advance the
policies described in paragraph (1), the Administrator of the
Federal Transit Administration shall adopt the Every Day Counts
initiative to work with recipients to identify and deploy the
proven innovation practices and products that--
``(A) accelerate innovation deployment;
``(B) expedite the project delivery process;
``(C) improve environmental sustainability;
``(D) enhance transit safety;
``(E) expand mobility; and
``(F) reduce greenhouse gas emissions.
``(3) Consideration.--In accordance with the Every Day
Counts goals described in paragraphs (1) and (2), the
Administrator shall consider research conducted through the
university transportation centers program in section 5505.
``(4) Innovation deployment.--
``(A) In general.--At least every 2 years, the
Administrator shall work collaboratively with
recipients to identify a new collection of innovations,
best practices, and data to be deployed to recipients
through case studies, webinars, and demonstration
projects.
``(B) Requirements.--In identifying a collection
described in subparagraph (A), the Secretary shall take
into account market readiness, impacts, benefits, and
ease of adoption of the innovation or practice.
``(5) Publication.--Each collection identified under
paragraph (4) shall be published by the Administrator on a
publicly available website.
``(6) Rule of construction.--Nothing in this subsection may
be construed to allow the Secretary to waive any requirement
under any other provision of Federal law.''.
SEC. 2804. TECHNICAL CORRECTIONS.
Section 5312 of title 49, United States Code, as amended in section
2503 and 2803, is further amended--
(1) in subsection (e)--
(A) in paragraph (3)(C) by striking ``low or no
emission vehicles, zero emission vehicles,'' and
inserting ``zero emission vehicles''; and
(B) by striking paragraph (6) and inserting the
following:
``(6) Zero emission vehicle defined.--In this subsection,
the term `zero emission vehicle' means a passenger vehicle used
to provide public transportation that produces no carbon or
particulate matter.'';
(2) by redesignating the first subsection (g) as subsection
(f); and
(3) in subsection (h)--
(A) in the header by striking ``Low or No
Emission'' and inserting ``Zero Emission'';
(B) in paragraph (1)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) the term `zero emission vehicle' has the
meaning given such term in subsection (e)(6);''; and
(ii) in subparagraph (D) by striking ``low
or no emission vehicle'' and inserting ``zero
emission vehicle'' each place such term
appears;
(C) in paragraph (2)--
(i) in the heading by striking ``low or no
emission'' and inserting ``zero emission''; and
(ii) by striking ``low or no emission'' and
inserting ``zero emission'' each place such
term appears;
(D) in paragraph (3) by striking ``low or no
emission'' and inserting ``zero emission'' each place
such term appears (including in the heading); and
(E) in paragraph (5)(A) by striking ``low or no
emission'' and inserting ``zero emission''.
SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT BUS DEVELOPMENT
PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a national advanced technology transit bus development program to
facilitate the development and testing of commercially viable advanced
technology transit buses that do not exceed a Level 3 automated driving
system and related infrastructure.
(b) Authorization.--There shall be available $20,000,000 for each
of fiscal years 2022 through 2026.
(c) Grants.--The Secretary may enter into grants, contracts, and
cooperative agreements with no more than three geographically diverse
nonprofit organizations and recipients under chapter 53 of title 49,
United States Code, to facilitate the development and testing of
commercially viable advance technology transit buses and related
infrastructure.
(d) Considerations.--
(1) In general.--The Secretary shall consider the
applicant's--
(A) ability to contribute significantly to
furthering advanced technologies as it relates to
transit bus operations, including advanced driver
assistance systems, automatic emergency braking,
accessibility, and energy efficiency;
(B) financing plan and cost share potential;
(C) technical experience developing or testing
advanced technologies in transit buses;
(D) commitment to frontline worker involvement; and
(E) other criteria that the Secretary determines
are necessary to carry out the program.
(2) Rule of construction.--Nothing in this subsection may
be construed to allow the Secretary to waive any requirement
under any other provision of Federal law.
(e) Competitive Grant Selection.--The Secretary shall conduct a
national solicitation for applications for grants under the program.
Grant recipients shall be selected on a competitive basis. The
Secretary shall give priority consideration to applicants that have
successfully managed advanced transportation technology projects,
including projects related to public transportation operations for a
period of not less than 5 years.
(f) Consortia.--As a condition of receiving an award in (c), the
Secretary shall ensure--
(1) that the selected non-profit recipients subsequently
establish a consortia for each proposal submitted, including
representatives from a labor union, transit agency, an FTA-
designated university bus and component testing center, a Buy
America compliant transit bus manufacturer, and others as
determined by the Secretary;
(2) that no proposal selected would decrease workplace or
passenger safety; and
(3) that no proposal selected would undermine the creation
of high-quality jobs or workforce support and development
programs.
(g) Federal Share.--The Federal share of costs of the program shall
be provided from funds made available to carry out this section. The
Federal share of the cost of a project carried out under the program
shall not exceed 80 percent of such cost.
SEC. 2806. PUBLIC TRANSPORTATION INNOVATION.
Section 5312(h)(2) of title 49, United States Code, is amended by
striking subparagraph (G).
SEC. 2807. TRANSIT VEHICLE BATTERY RECYCLING AND REUSE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue regulations
that, notwithstanding any other provision of law, allow recipients of
funds under chapter 53 of title 49, United States Code, at the option
of the recipient, to repurpose, recycle, reuse, sell, or lease transit
vehicle batteries that are beyond the useful service life of such
batteries for the purpose of transit vehicle propulsion and component
parts of such batteries.
(b) Considerations.--In issuing regulations under subsection (a),
the Secretary shall prioritize second life applications that--
(1) maximize the full use of transit vehicle batteries
beyond the useful life of such batteries for transit vehicle
propulsion and component parts of such batteries;
(2) enhance the reuse and recycling of transit vehicle
batteries, components, and component critical minerals of such
batteries;
(3) reduce costs for recipients;
(4) create new streams of revenue for recipients;
(5) support the provision of zero emission public
transportation service, which may include the use of wayside
charging; and
(6) enhance the resilience of public transportation and the
electric vehicle supply equipment network, which may include
the use of batteries for energy storage.
(c) Second Life Applications Defined.--In this section, the term
``second life applications'' means the repurposing, recycling, reuse,
sale, or leasing of a transit vehicle battery that is beyond the useful
service life for the purpose of transit vehicle propulsion and
component parts of such battery, but that retains utility for other
applications.
Subtitle I--Other Program Reauthorizations
SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE
PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY.
Section 601 of the Passenger Rail Investment and Improvement Act of
2008 (Public Law 110-432) is amended--
(1) in subsection (b) by striking ``The Federal'' and
inserting ``Except as provided in subsection (e)(2), the
Federal'';
(2) by striking subsections (d) through (f) and inserting
the following:
``(d) Required Board Approval.--No amounts may be provided to the
Transit Authority under this section until the Transit Authority
certifies to the Secretary of Transportation that--
``(1) a board resolution has passed on or before July 1,
2022, and is in effect for the period of July 1, 2022 through
June 30, 2031, that--
``(A) establishes an independent budget authority
for the Office of Inspector General of the Transit
Authority;
``(B) establishes an independent procurement
authority for the Office of Inspector General of the
Transit Authority;
``(C) establishes an independent hiring authority
for the Office of Inspector General of the Transit
Authority;
``(D) ensures the Inspector General of the Transit
Authority can obtain legal advice from a counsel
reporting directly to the Inspector General;
``(E) requires the Inspector General of the Transit
Authority to submit recommendations for corrective
action to the General Manager and the Board of
Directors of the Transit Authority;
``(F) requires the Inspector General of the Transit
Authority to publish any recommendation described in
subparagraph (E) on the website of the Office of
Inspector General of the Transit Authority, except that
the Inspector General may redact personally
identifiable information and information that, in the
determination of the Inspector General, would pose a
security risk to the systems of the Transit Authority;
``(G) requires the Board of Directors of the
Transit Authority to provide written notice to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate not less than
30 days before the Board of Directors removes the
Inspector General of the Transit Authority, which shall
include the reasons for removal and supporting
documentation; and
``(H) prohibits the Board of Directors from
removing the Inspector General of the Transit Authority
unless the Board of Directors has provided a 30 day
written notification as described in subparagraph (G)
that documents--
``(i) a permanent incapacity;
``(ii) a neglect of duty;
``(iii) malfeasance;
``(iv) a conviction of a felony or conduct
involving moral turpitude;
``(v) a knowing violation of a law or
regulation;
``(vi) gross mismanagement;
``(vii) a gross waste of funds;
``(viii) an abuse of authority; or
``(ix) inefficiency; and
``(2) the Code of Ethics for Members of the WMATA Board of
Directors passed on September 26, 2019, remains in effect, or
the Inspector General of the Transit Authority has consulted
with any modifications to the Code of Ethics by the Board.
``(e) Authorizations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Transportation for grants under this
section--
``(A) for fiscal year 2022, $150,000,000;
``(B) for fiscal year 2023, $155,000,000;
``(C) for fiscal year 2024, $160,000,000;
``(D) for fiscal year 2025, $165,000,000;
``(E) for fiscal year 2026, $170,000,000;
``(F) for fiscal year 2027, $175,000,000;
``(G) for fiscal year 2028, $180,000,000;
``(H) for fiscal year 2029, $185,000,000;
``(I) for fiscal year 2030, $190,000,000; and
``(J) for fiscal year 2031, $200,000,000.
``(2) Set aside for office of inspector general of transit
authority.--From the amounts in paragraph (1), the Transit
Authority shall provide at least 7 percent for each fiscal year
to the Office of Inspector General of the Transit Authority to
carry out independent and objective audits, investigations, and
reviews of Transit Authority programs and operations to promote
economy, efficiency, and effectiveness, and to prevent and
detect fraud, waste, and abuse in such programs and
operations.''; and
(3) by redesignating subsection (g) as subsection (f).
SEC. 2902. OTHER APPORTIONMENTS.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (h)--
(A) in the matter preceding paragraph (1) by
striking ``section 5338(a)(2)(C)'' and inserting
``section 5338(a)(2)(B)'';
(B) by amending paragraph (1) to read as follows:
``(1) to carry out section 5307(h)--
``(A) $60,906,000 shall be set aside in fiscal year
2023;
``(B) $61,856,134 shall be set aside in fiscal year
2024;
``(C) $62,845,832 shall be set aside in fiscal year
2025; and
``(D) $63,832,511 shall be set aside in fiscal year
2026;'';
(C) in paragraph (2) by striking ``3.07 percent''
and inserting ``6 percent''; and
(D) by amending paragraph (3) to read as follows:
``(3) of amounts not apportioned under paragraphs (1) and
(2), 3 percent shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with subsection
(i);''; and
(2) in subsection (i) by adding at the end the following:
``(3) Census phase-out.--Before apportioning funds under
subsection (h)(3), for any urbanized area that is no longer an
eligible area due to a change in population in the most recent
decennial census, the Secretary shall apportion to such
urbanized area, for 3 fiscal years, an amount equal to half of
the funds apportioned to such urbanized area pursuant to this
subsection for the previous fiscal year.''.
Subtitle J--Streamlining
SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, as amended by section
2703 of this Act, is further amended--
(1) in subsection (a)--
(A) in paragraph (7)--
(i) in subparagraph (A) by striking
``$100,000,000'' and inserting
``$320,000,000''; and
(ii) in subparagraph (B) by striking
``$300,000,000'' and inserting
``$400,000,000'';
(B) by striking paragraph (6); and
(C) by redesignating paragraph (7), as so amended,
as paragraph (6);
(2) in subsection (b)(2) by inserting ``expanding station
capacity,'' after ``construction of infill stations,'';
(3) in subsection (d)(1)--
(A) in subparagraph (C)(i) by striking ``2 years''
and inserting ``3 years''; and
(B) by adding at the end the following:
``(D) Optional project development activities.--An
applicant may perform cost and schedule risk
assessments with technical assistance provided by the
Secretary.
``(E) Statutory construction.--Nothing in this
section shall be construed as authorizing the Secretary
to require cost and schedule risk assessments in the
project development phase.'';
(4) in subsection (e)(1)--
(A) in subparagraph (C)(i) by striking ``2 years''
and inserting ``3 years''; and
(B) by adding at the end the following:
``(D) Optional project development activities.--An
applicant may perform cost and schedule risk
assessments with technical assistance provided by the
Secretary.
``(E) Statutory construction.--Nothing in this
section shall be construed as authorizing the Secretary
to require cost and schedule risk assessments in the
project development phase.'';
(5) in subsection (e)(2)(A)(iii)(II) by striking ``5
years'' and inserting ``10 years'';
(6) in subsection (f)--
(A) in paragraph (1) by striking ``subsection
(d)(2)(A)(v)'' and inserting ``subsection
(d)(2)(A)(iv)'';
(B) in paragraph (2)--
(i) by striking ``subsection (d)(2)(A)(v)''
and inserting ``subsection (d)(2)(A)(iv)'';
(ii) in subparagraph (D) by adding ``and''
at the end;
(iii) by striking subparagraph (E); and
(iv) by redesignating subparagraph (F) as
subparagraph (E); and
(C) by adding at the end the following:
``(4) Cost-share incentives.--For a project for which a
lower CIG cost share is elected by the applicant under
subsection (l)(1)(C), the Secretary shall apply the following
requirements and considerations in lieu of paragraphs (1) and
(2):
``(A) Requirements.--In determining whether a
project is supported by local financial commitment and
shows evidence of stable and dependable financing
sources for purposes of subsection (d)(2)(A)(iv) or
(e)(2)(A)(v), the Secretary shall require that--
``(i) the proposed project plan provides
for the availability of contingency amounts
that the applicant determines to be reasonable
to cover unanticipated cost increases or
funding shortfalls;
``(ii) each proposed local source of
capital and operating financing is stable,
reliable, and available within the proposed
project timetable; and
``(iii) an applicant certifies that local
resources are available to recapitalize,
maintain, and operate the overall existing and
proposed public transportation system,
including essential feeder bus and other
services necessary to achieve the projected
ridership levels without requiring a reduction
in existing public transportation services or
level of service to operate the project, or
that the annual operating cost of the proposed
project does not exceed 5 percent of the annual
cost to operate and maintain the overall public
transportation system of the applicant.
``(B) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of
local financing for purposes of subsection
(d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall
consider--
``(i) the reliability of the forecasting
methods used to estimate costs and revenues
made by the recipient and the contractors to
the recipient;
``(ii) existing grant commitments;
``(iii) any debt obligation that exists, or
is proposed by the recipient, for the proposed
project or other public transportation purpose;
and
``(iv) private contributions to the
project, including cost-effective project
delivery, management or transfer of project
risks, expedited project schedule, financial
partnering, and other public-private
partnership strategies.''.
(7) in subsection (g)--
(A) in paragraph (2)(A) by striking ``degree of
local financial commitment'' and inserting ``criteria
in subsection (f)'' each place it appears;
(B) in paragraph (3) by striking ``The Secretary
shall,'' and all that follows through ``to carry out
this subsection.'' and inserting the following: ``The
Secretary shall--
``(A) to the maximum extent practicable, develop
and use special warrants for making a project
justification determination under subsection (d)(2) or
(e)(2), as applicable, for a project proposed to be
funded using a grant under this section if--
``(i) the share of the cost of the project
to be provided under this section--
``(I) does not exceed $500,000,000
and the total project cost does not
exceed $1,000,000,000; or
``(II) complies with subsection
(l)(1)(C);
``(ii) the applicant requests the use of
the warrants;
``(iii) the applicant certifies that its
existing public transportation system is in a
state of good repair; and
``(iv) the applicant meets any other
requirements that the Secretary considers
appropriate to carry out this subsection;
and'';
(C) by striking paragraph (5) and inserting the
following:
``(5) Policy guidance.--The Secretary shall issue policy
guidance on the review and evaluation process and criteria not
later than 180 days after the date of enactment of the INVEST
in America Act.'';
(D) by striking paragraph (6) and inserting the
following:
``(6) Transparency.--Not later than 30 days after the
Secretary receives a written request from an applicant for all
remaining information necessary to obtain 1 or more of the
following, the Secretary shall provide such information to the
applicant:
``(A) Project advancement.
``(B) Medium or higher rating.
``(C) Warrant.
``(D) Letter of intent.
``(E) Early systems work agreement.''; and
(E) in paragraph (7) by striking ``the Federal
Public Transportation Act of 2012'' and inserting ``the
INVEST in America Act'';
(8) in subsection (h)--
(A) in paragraph (5) by inserting ``, except that
for a project for which a lower local cost share is
elected under subsection (l)(1)(C), the Secretary shall
enter into a grant agreement under this subsection for
any such project that establishes contingency amounts
that the applicant determines to be reasonable to cover
unanticipated cost increases or funding shortfalls''
before the period at the end; and
(B) in paragraph (7)(C) by striking ``10 days'' and
inserting ``3 days'';
(9) by striking subsection (i) and inserting the following:
``(i) Interrelated Projects.--
``(1) Ratings improvement.--The Secretary shall grant a
rating increase of 1 level in mobility improvements to any
project being rated under subsection (d), (e), or (h), if the
Secretary certifies that the project has a qualifying
interrelated project that meets the requirements of paragraph
(2).
``(2) Interrelated project.--A qualifying interrelated
project is a transit project that--
``(A) is adopted into the metropolitan
transportation plan required under section 5303;
``(B) has received a class of action designation
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(C) will likely increase ridership on the project
being rated in subsection (d), (e), or (h),
respectively, as determined by the Secretary; and
``(D) meets one of the following criteria:
``(i) Extends the corridor of the project
being rated in subsection (d), (e), or (h),
respectively.
``(ii) Provides a direct passenger transfer
to the project being rated in subsection (d),
(e), or (h), respectively.
``(3) Local match credit.--For any project that qualifies
as an interrelated project under paragraph (2) after the date
of enactment of this subsection, the Secretary shall allow any
non-Federal financial commitment in excess of 20 percent to
count towards the non-Federal financial commitment for any
other qualifying interrelated project under this subsection.'';
(10) in subsection (k)--
(A) in paragraph (2)(D) by adding at the end the
following:
``(v) Local funding commitment.-- For a
project for which a lower CIG cost share is
elected by the applicant under subsection
(l)(1)(C), the Secretary shall enter into a
full funding grant agreement that has at least
75 percent of local financial commitment
committed and the remaining percentage budgeted
for the proposed purposes.''; and
(B) in paragraph (5) by striking ``30 days'' and
inserting ``3 days'';
(11) in subsection (l)--
(A) in paragraph (1) by striking subparagraph (B)
and inserting the following:
``(B) Cap.--Except as provided in subparagraph (C),
a grant for a project under this section shall not
exceed 80 percent of the net capital project cost,
except that a grant for a core capacity improvement
project shall not exceed 80 percent of the net capital
project cost of the incremental cost to increase the
capacity in the corridor.
``(C) Applicant election of lower local cig cost
share.--An applicant may elect a lower local CIG cost
share for a project under this section for purposes of
application of the cost-share incentives under
subsection (f)(3). Such cost share shall not exceed 60
percent of the net capital project cost, except that
for a grant for a core capacity improvement project
such cost share shall not exceed 60 percent of the net
capital project cost of the incremental cost to
increase the capacity in the corridor.'';
(B) by striking paragraph (5) and inserting the
following:
``(5) Limitation on statutory construction.--Nothing in
this section shall be construed as authorizing the Secretary to
require, incentivize (in any manner not specified in this
section), or place additional conditions upon a non-Federal
financial commitment for a project that is more than 20 percent
of the net capital project cost or, for a core capacity
improvement project, 20 percent of the net capital project cost
of the incremental cost to increase the capacity in the
corridor.''; and
(C) by striking paragraph (8) and inserting the
following:
``(8) Contingency share.--The Secretary shall provide
funding for the contingency amount equal to the proportion of
the CIG cost share. If the Secretary increases the contingency
amount after a project has received a letter of no prejudice or
been allocated appropriated funds, the federal share of the
additional contingency amount shall be 25 percent higher than
the original proportion the CIG cost share and in addition to
the grant amount set in subsection (k)(2)(C)(ii).'';
(12) in subsection (o) by adding at the end the following:
``(4) CIG program dashboard.--Not later than the fifth day
of each month, the Secretary shall make publicly available on a
website data on, including the status of, each project under
this section that is in the project development phase, in the
engineering phase, or has received a grant agreement and
remains under construction. Such data shall include, for each
project--
``(A) the amount and fiscal year of any funding
appropriated, allocated, or obligated for the project;
``(B) the date on which the project--
``(i) entered the project development
phase;
``(ii) entered the engineering phase, if
applicable; and
``(iii) received a grant agreement, if
applicable; and
``(C) the status of review by the Federal Transit
Administration and the Secretary, including dates of
request, dates of acceptance of request, and dates of a
decision for each of the following, if applicable:
``(i) A letter of no prejudice.
``(ii) An environmental impact statement
notice of intent.
``(iii) A finding of no significant
environmental impact.
``(iv) A draft environmental impact
statement.
``(v) A final environmental impact
statement.
``(vi) A record of decision on the final
environmental impact statement.
``(vii) The status of the applicant in
securing the non-Federal match, based on
information provided by the applicant,
including the amount committed, budgeted,
planned, and undetermined.''; and
(13) by striking ``an acceptable degree of'' and inserting
``a'' each place it appears.
SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT DEADLINE.
Section 5336(d) of title 49, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (1) by striking ``and'' at the end; and
(3) by inserting after paragraph (1) the following:
``(2) notwithstanding paragraph (1), apportion amounts to
the States appropriated under section 5338(a)(2) to carry out
sections 5307, 5310, and 5311 not later than December 15 for
which any amounts are appropriated; and''.
SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE.
Section 5334 of title 49, United States Code, is further amended by
adding at the end the following:
``(l) Disposition of Assets Beyond Useful Life.--
``(1) In general.--If a recipient, or subrecipient, for
assistance under this chapter disposes of an asset with a
current market value, or proceed from the sale of such asset,
acquired under this chapter at least in part with such
assistance, after such asset has reached the useful life of
such asset, the Secretary shall allow the recipient, or
subrecipient, to use the proceeds attributable to the Federal
share of such asset calculated under paragraph (3) for capital
projects under section 5307, 5310, or 5311.
``(2) Minimum value.--This subsection shall only apply to
assets with a current market value, or proceeds from sale, of
at least $5,000.
``(3) Calculation of federal share attributable.--The
proceeds attributable to the Federal share of an asset
described in paragraph (1) shall be calculated by multiplying--
``(A) the current market value of, or the proceeds
from the disposition of, such asset; by
``(B) the Federal share percentage for the
acquisition of such asset at the time of acquisition of
such asset.''.
SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBILITY.
(a) In General.--Section 5310 of title 49, United States Code, as
amended by section 2205, is further amended by adding at the end the
following:
``(k) Innovative Coordinated Access and Mobility.--
``(1) Start up grants.--
``(A) In general.--The Secretary may make grants
under this paragraph to eligible recipients to assist
in financing innovative projects for the transportation
disadvantaged that improve the coordination of
transportation services and non-emergency medical
transportation services.
``(B) Application.--An eligible recipient shall
submit to the Secretary an application that, at a
minimum, contains--
``(i) a detailed description of the
eligible project;
``(ii) an identification of all eligible
project partners and the specific role of each
eligible project partner in the eligible
project, including--
``(I) private entities engaged in
the coordination of nonemergency
medical transportation services for the
transportation disadvantaged;
``(II) nonprofit entities engaged
in the coordination of nonemergency
medical transportation services for the
transportation disadvantaged; or
``(III) Federal and State entities
engaged in the coordination of
nonemergency medical transportation
services for the transportation
disadvantaged; and
``(iii) a description of how the eligible
project shall--
``(I) improve local coordination or
access to coordinated transportation
services;
``(II) reduce duplication of
service, if applicable; and
``(III) provide innovative
solutions in the State or community.
``(C) Performance measures.--An eligible recipient
shall specify, in an application for a grant under this
paragraph, the performance measures the eligible
project, in coordination with project partners, will
use to quantify actual outcomes against expected
outcomes, including--
``(i) changes to transportation
expenditures as a result of improved
coordination;
``(ii) changes to healthcare expenditures
provided by projects partners as a result of
improved coordination; and
``(iii) changes to health care metrics,
including aggregate health outcomes provided by
projects partners.
``(D) Eligible uses.--Eligible recipients receiving
a grant under this section may use such funds for--
``(i) the deployment of coordination
technology;
``(ii) projects that create or increase
access to community One-Call/One-Click Centers;
``(iii) projects that coordinate
transportation for 3 or more of--
``(I) public transportation
provided under this section;
``(II) a State plan approved under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.);
``(III) title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
``(IV) Veterans Health
Administration; or
``(V) private health care
facilities; and
``(iv) such other projects as determined
appropriate by the Secretary.
``(E) Consultation.--In evaluating the performance
metrics described in subparagraph (C), the Secretary
shall consult with the Secretary of Health and Human
Services.
``(2) Incentive grants.--
``(A) In general.--The Secretary may make grants
under this paragraph to eligible recipients to
incentivize innovative projects for the transportation
disadvantaged that improve the coordination of
transportation services and non-emergency medical
transportation services.
``(B) Selection of grant recipients.--The Secretary
shall distribute grant funds made available to carry
out this paragraph as described in subparagraph (E) to
eligible recipients that apply and propose to
demonstrate improvement in the metrics described in
subparagraph (F).
``(C) Eligibility.--An eligible recipient shall not
be required to have received a grant under paragraph
(1) to be eligible to receive a grant under this
paragraph.
``(D) Applications.--Eligible recipients shall
submit to the Secretary an application that includes--
``(i) which metrics under subparagraph (F)
the eligible recipient intends to improve;
``(ii) the performance data eligible
recipients and the Federal, State, nonprofit,
and private partners, as described in paragraph
(1)(B)(ii), of the eligible recipient will make
available; and
``(iii) a proposed incentive formula that
makes payments to the eligible recipient based
on the proposed data and metrics.
``(E) Distribution.--The Secretary shall distribute
funds made available to carry out this paragraph based
upon the number of grant applications approved by the
Secretary, number of individuals served by each grant,
and the incentive formulas approved by the Secretary
using the following metrics:
``(i) The reduced transportation
expenditures as a result of improved
coordination.
``(ii) The reduced Federal and State
healthcare expenditures using the metrics
described in subparagraph (F).
``(iii) The reduced private healthcare
expenditures using the metrics described in
subparagraph (F).
``(F) Healthcare metrics.--Healthcare metrics
described in this subparagraph shall be--
``(i) reducing missed medical appointments;
``(ii) the timely discharge of patients
from hospitals;
``(iii) preventing hospital admissions and
reducing readmissions of patients into
hospitals; and
``(iv) other measureable healthcare
metrics, as determined appropriate by the
Secretary, in consultation with the Secretary
of Health and Human Services.
``(G) Eligible expenditures.--The Secretary shall
allow the funds distributed by this grant program to be
expended on eligible activities described in paragraph
(1)(D) and any eligible activity under this section
that is likely to improve the metrics described in
subparagraph (F).
``(H) Recipient cap.--The Secretary--
``(i) may not provide more than 20 grants
under this paragraph; and
``(ii) shall reduce the maximum number of
grants under this paragraph to ensure projects
are fully funded, if necessary.
``(I) Consultation.--In evaluating the health care
metrics described in subparagraph (F), the Secretary
shall consult with the Secretary of Health and Human
Services.
``(J) Annual grantee report.--Each grantee shall
submit a report, in coordination with the project
partners of such grantee, that includes an evaluation
of the outcomes of the grant awarded to such grantee,
including the performance measures.
``(3) Report.--The Secretary shall make publicly available
an annual report on the program carried out under this
subsection for each fiscal year, not later than December 31 of
the calendar year in which that fiscal year ends. The report
shall include a detailed description of the activities carried
out under the program, and an evaluation of the program,
including an evaluation of the performance measures used by
eligible recipients in consultation with the Secretary of
Health and Human Services.
``(4) Federal share.--
``(A) In general.--The Federal share of the costs
of a project carried out under this subsection shall
not exceed 80 percent.
``(B) Non-federal share.--The non-Federal share of
the costs of a project carried out under this
subsection may be derived from in-kind contributions.
``(5) Rule of construction.--For purposes of this
subsection, nonemergency medical transportation services shall
be limited to services eligible under Federal programs other
than programs authorized under this chapter.''.
(b) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall conduct a
study, and submit a report on such study to Congress, on access to non-
emergency medical transportation services for individuals in
disadvantaged populations, including--
(1) how to make it easier for such individuals to use non-
emergency medical transportation services; and
(2) how to make it easier for recipients of grants under
section 5310(k) of title 49, United States Code, as added by
this section, to coordinate non-emergency medical
transportation services for such individuals.
SEC. 2915. PASSENGER FERRY GRANTS.
Section 5307(h) of title 49, United States Code, is amended by
adding at the end the following paragraph:
``(4) Zero-emission or reduced-emission grants.--
``(A) Definitions.--In this paragraph--
``(i) the term `eligible project' means a
project or program of projects in an area
eligible for a grant under subsection (a) for--
``(I) acquiring zero- or reduced-
emission passenger ferries;
``(II) leasing zero- or reduced-
emission passenger ferries;
``(III) constructing facilities and
related equipment for zero- or reduced-
emission passenger ferries;
``(IV) leasing facilities and
related equipment for zero- or reduced-
emission passenger ferries;
``(V) constructing new public
transportation facilities to
accommodate zero- or reduced-emission
passenger ferries;
``(VI) constructing shoreside ferry
charging infrastructure for zero- or
reduced-emission passenger ferries; or
``(VII) rehabilitating or improving
existing public transportation
facilities to accommodate zero- or
reduced-emission passenger ferries;
``(ii) the term `zero- or reduced-emission
passenger ferry' means a passenger ferry used
to provide public transportation that reduces
emissions by utilizing onboard energy storage
systems for hybrid-electric or 100 percent
electric propulsion, related charging
infrastructure, and other technologies deployed
to reduce emissions or produce zero onboard
emissions under normal operation; and
``(iii) the term `recipient' means a
designated recipient, a local government
authority, or a State that receives a grant
under subsection (a).
``(B) General authority.--The Secretary may make
grants to recipients to finance eligible projects under
this paragraph.
``(C) Grant requirements.--A grant under this
paragraph shall be subject to the same terms and
conditions as a grant under subsection (a).
``(D) Competitive process.--The Secretary shall
solicit grant applications and make grants for eligible
projects under this paragraph on a competitive basis.
``(E) Government share of costs.--
``(i) In general.--The Federal share of the
cost of an eligible project carried out under
this paragraph shall not exceed 80 percent.
``(ii) Non-federal share.--The non-Federal
share of the cost of an eligible project
carried out under this subsection may be
derived from in-kind contributions.''.
SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL INVESTMENT.
Section 5309(h)(4) of title 49, United States Code, is amended by
inserting ``, the extent to which the project improves transportation
options to economically distressed areas,'' after ``public
transportation''.
SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NATIONAL ENVIRONMENTAL
POLICY ACT OF 1969 TO FEDERALLY FUNDED BUS SHELTERS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue best practices on the
application of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) to federally funded bus shelters to assist recipients of
Federal funds in receiving exclusions permitted by law.
SEC. 2918. CAPITAL INVESTMENT GRANT STREAMLINING.
(a) In General.--Section 3005(b) of the FAST Act (Public Law 116-
94) is repealed.
(b) Grandfather Clauses.--For any projects that have submitted an
application or are being evaluated under the program described in
section 3005(b) of such Act prior to the date of enactment of this Act,
the Secretary shall--
(1) continue to administer the project under the terms of
such section as it existed on the day prior to the date of
enactment of this Act; and
(2) for purposes of providing Federal assistance to such
project (and notwithstanding any other provision of law),
provide such funds as may be necessary from the amounts
provided in section 5338(b) of title 49, United States Code,
and division A of this Act.
SEC. 2919. DISPOSITION OF ROLLING STOCK TO IMPROVE AIR QUALITY GOALS.
Section 5334 of title 49, United States Code, is further amended by
adding at the end the following:
``(m) Disposition of Rolling Stock to Meet Air Quality Goals.--
``(1) In general.--If a recipient, or subrecipient, for
assistance under this chapter disposes of rolling stock with a
current market value, or proceeds from the disposition of such
rolling stock, acquired under this chapter at least in part
with such assistance, before such rolling stock has reached its
useful life, the Secretary may allow the recipient, or
subrecipient, to use the proceeds attributable to the Federal
share of such rolling stock calculated under paragraph (3) for
capital projects under section 5307, 5310, or 5311 without need
for repayment of the Federal financial interest.
``(2) Covered rolling stock.--This subsection shall only
apply to rolling stock disposed of--
``(A) which are replaced by rolling stock that will
help improve attainment of air quality goals compared
to the rolling stock being replaced; and
``(B) for which the recipient is located in an area
that is designated as a nonattainment area for
particulate matter under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)).
``(3) Calculation of federal share attributable.--The
proceeds attributable to the Federal share of rolling stock
described in paragraph (1) shall be calculated by multiplying--
``(A) the current market value of, or the proceeds
from the disposition of, such asset; and
``(B) the Federal share percentage for the
acquisition of such asset at the time of acquisition of
such asset.''.
TITLE III--HIGHWAY TRAFFIC SAFETY
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code--
(A) $378,400,000 for fiscal year 2023;
(B) $382,400,000 for fiscal year 2024;
(C) $386,500,000 for fiscal year 2025; and
(D) $390,400,000 for fiscal year 2026.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $182,495,000 for fiscal year 2023;
(B) $184,795,000 for fiscal year 2024;
(C) $187,795,000 for fiscal year 2025; and
(D) $190,695,000 for fiscal year 2026.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $384,119,000 for fiscal year 2023;
(B) $393,205,000 for fiscal year 2024;
(C) $402,205,000 for fiscal year 2025; and
(D) $411,388,000 for fiscal year 2026.
(4) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code--
(A) $5,700,000 for fiscal year 2023;
(B) $5,800,000 for fiscal year 2024;
(C) $5,900,000 for fiscal year 2025; and
(D) $6,000,000 for fiscal year 2026.
(5) High-visibility enforcement program.--For carrying out
section 404 of title 23, United States Code--
(A) $60,200,000 for fiscal year 2023;
(B) $60,600,000 for fiscal year 2024;
(C) $60,800,000 for fiscal year 2025; and
(D) $61,200,000 for fiscal year 2026.
(6) Administrative expenses.--For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code--
(A) $30,586,000 for fiscal year 2023;
(B) $31,000,000 for fiscal year 2024;
(C) $31,500,000 for fiscal year 2025; and
(D) $31,917,000 for fiscal year 2026.
(7) Center for fair and equitable traffic safety
enforcement.--For carrying out section 3003 of this title,
$35,000,000 for each of fiscal years 2023 through 2026.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, the amounts made available from the Highway Trust
Fund (other than the Mass Transit Account) for a program under such
chapters--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, amounts made available under subsection (a) for
fiscal years 2023 through 2026 shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1 of title
23, United States Code.
(d) Regulatory Authority.--Grants awarded under chapter 4 of title
23, United States Code, including any amendments made by this title,
shall be carried out in accordance with regulations issued by the
Secretary of Transportation.
(e) State Matching Requirements.--If a grant awarded under chapter
4 of title 23, United States Code, requires a State to share in the
cost, the aggregate of all expenditures for highway safety activities
made during a fiscal year by the State and its political subdivisions
(exclusive of Federal funds) for carrying out the grant (other than
planning and administration) shall be available for the purpose of
crediting the State during such fiscal year for the non-Federal share
of the cost of any other project carried out under chapter 4 of title
23, United States Code (other than planning or administration), without
regard to whether such expenditures were made in connection with such
project.
(f) Grant Application and Deadline.--To receive a grant under
chapter 4 of title 23, United States Code, a State shall submit an
application, and the Secretary of Transportation shall establish a
single deadline for such applications to enable the award of grants
early in the next fiscal year.
SEC. 3002. HIGHWAY SAFETY PROGRAMS.
Section 402 of title 23, United States Code, is amended--
(1) in subsection (a) by adding at the end the following:
``(3) Additional considerations.--States which have
legalized medicinal or recreational marijuana shall consider
programs in addition to the programs described in paragraph
(2)(A) to educate drivers on the risks associated with
marijuana-impaired driving and to reduce injuries and deaths
resulting from individuals driving motor vehicles while
impaired by marijuana.'';
(2) in subsection (c)--
(A) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Additional uses.--In addition to uses authorized
under paragraph (1) and as approved by the Secretary, States
may use funds under this section to--
``(A) educate the public on the dangers of
pediatric vehicular hyperthermia;
``(B) educate the public about proper and safe
usage of light- and medium-duty trailers, including
required safety equipment and preventive maintenance
for safety;
``(C) purchase and distribute child restraints to
low-income families; and
``(D) reduce injuries and deaths resulting from
drivers of motor vehicles not moving to another traffic
lane or reducing the speed of such driver's vehicle
when passing an emergency, law enforcement, or other
vehicle stopped or parked on or near the roadway.''.
(C) in paragraph (5), as so redesignated)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraph (B) as
subparagraph (D); and
(iii) by inserting after subparagraph (A)
the following:
``(B) Special rule for school and work zones.--
Notwithstanding subparagraph (A), a State may expend
funds apportioned to that State under this section to
carry out a program to purchase, operate, or maintain
an automated traffic system in a work zone or school
zone.
``(C) Automated traffic enforcement system
guidelines.--Any automated traffic enforcement system
installed pursuant to subparagraph (B) shall comply
with speed enforcement camera systems and red light
camera systems guidelines established by the
Secretary.''; and
(3) in subsection (n)--
(A) by striking ``Public Transparency'' and all
that follows through ``The Secretary'' and inserting
the following: ``Public Transparency.--
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) State highway safety plan website.--
``(A) In general.--In carrying out the requirements
of paragraph (1), the Secretary shall establish a
public website that is easily accessible, navigable,
and searchable for the information required under
paragraph (1), in order to foster greater transparency
in approved State highway safety programs.
``(B) Contents.--The website established under
subparagraph (A) shall--
``(i) include each State highway safety
plan and annual report submitted and approved
by the Secretary under subsection (k);
``(ii) provide a means for the public to
search such website for State highway safety
program content required in subsection (k),
including--
``(I) performance measures required
by the Secretary under paragraph
(3)(A);
``(II) progress made toward meeting
the State's performance targets for the
previous year;
``(III) program areas and
expenditures; and
``(IV) a description of any sources
of funds other than funds provided
under this section that the State
proposes to use to carry out the State
highway safety plan of such State.''.
SEC. 3003. FAIR AND EQUITABLE TRAFFIC SAFETY ENFORCEMENT.
(a) In General.--The Secretary of Transportation shall make grants
under this section to an eligible nonprofit institution of higher
education with demonstrated expertise in promoting fair and equitable
traffic safety enforcement to establish and operate a national center
of excellence for fair and equitable traffic safety enforcement (in
this section referred to as the ``Center'').
(b) Purpose.--The purpose of the Center shall be to promote fair
and equitable traffic safety enforcement with the goal of reducing
traffic fatalities and injuries.
(c) Role of Center.--The role of the Center shall be to establish
and operate a national fair and equitable traffic safety enforcement
clearinghouse to--
(1) develop data collection systems to promote fair and
equitable traffic safety enforcement solutions, including
assisting States participating in the program established under
section 403(j) of title 23, United States Code, (as added by
this Act) share data collected to a national database;
(2) develop recommendations for States to improve data
collection on law enforcement programs carried out under
sections 402 and 405 of this title in order to promote fair and
equitable traffic safety enforcement programs;
(3) provide technical assistance to States on the
implementation of the program established under section 403(j)
of title 23, United States Code, as added by this Act;
(4) research and disseminate best practices for
implementing equitable traffic safety enforcement programs;
(5) develop information and educational programs on
implementing equitable traffic safety enforcement best
practices; and
(6) evaluate the feasibility and benefits of requiring
States participating in the program established under section
403(j) of title 23, United States Code, as added by this Act,
to collect data on pedestrian and bicyclist stops by law
enforcement when the stop is made for a traffic law violation.
(d) Consultation.--In carrying out the activities under paragraphs
(4) and (5) of subsection (c), the Center shall consult with relevant
stakeholders, including--
(1) civil rights organizations;
(2) traffic safety advocacy groups;
(3) law enforcement representatives;
(4) State highway safety offices; and
(5) such other surface transportation stakeholders and
industry experts as the Center considers appropriate.
(e) Report to Congress.--Not later than 2 years after the
establishment of the Center under subsection (a), the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report on progress made toward meeting the goals
established under subsection (b).
SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) in subsection (b) by inserting ``, training,'' after
``demonstration projects'';
(2) in subsection (f)(1)--
(A) by striking ``$2,500,000'' and inserting
``$3,500,000''; and
(B) by striking ``subsection 402(c) in each fiscal
year ending before October 1, 2015, and $443,989 of the
total amount available for apportionment to the States
for highway safety programs under section 402(c) in the
period beginning on October 1, 2015, and ending on
December 4, 2015,'' and inserting ``section 402(c)(2)
in each fiscal year''; and
(3) by striking subsection (h) and redesignating
subsections (i) and (j) as subsections (h) and (i),
respectively.
SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.
Section 403 of title 23, United States Code, as amended by section
3004 of this Act, is further amended by adding at the end the
following:
``(j) Grant Program To Prohibit Racial Profiling.--
``(1) General authority.--Subject to the requirements of
this subsection, the Secretary shall make grants to a State
that--
``(A) is maintaining and allows public inspection
of statistical information for each motor vehicle stop
made by a law enforcement officer on a Federal-aid
highway in the State regarding the race and ethnicity
mode of transportation 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)--
``(A) shall be used by the State for the costs of--
``(i) collecting and maintaining data on
traffic stops;
``(ii) evaluating the results of such data;
and
``(iii) developing and implementing
programs to reduce the occurrence of racial
profiling; and
``(B) may be used by the State for the costs of
collecting, maintaining, and evaluating data on the
driver's mode of transportation at traffic stops.
``(2) Use of grant funds.--A grant received by a State
under paragraph (1)--
``(A) shall be used by the State for the costs of--
``(i) collecting and maintaining data on
traffic stops;
``(ii) evaluating the results of such data;
and
``(iii) developing and implementing
programs to reduce the occurrence of racial
profiling; and
``(B) may be used by the State for the costs of
collecting, maintaining, and evaluating data on
traffic-related stops of pedestrians, bicyclists, or
people traveling via micromobility devices.
``(3) Limitations.--The total amount of grants made to a
State under this section in a fiscal year may not exceed--
``(A) 10 percent of the amount made available to
carry out this section in the fiscal year for States
eligible under paragraph (1)(A); and
``(B) 5 percent of the amount made available to
carry out this section in the fiscal year for States
eligible under paragraph (1)(B).
``(4) Funding.--From funds made available under this
section, the Secretary shall set aside $15,000,000 for each
fiscal year to carry out this subsection.''.
SEC. 3006. NATIONAL SAFETY CAMPAIGNS.
(a) In General.--Section 404 of title 23, United States Code, is
amended to read as follows:
``Sec. 404. National safety campaigns
``(a) In General.--The Secretary shall establish and administer a
program under which not less than 3 high-visibility enforcement
campaigns and not less than 3 public awareness campaigns will be
carried out in each of fiscal years 2023 through 2026.
``(b) High-visibility Enforcement.--In carrying out the
requirements under paragraph (a), the Secretary shall ensure that in
each fiscal year not less than 1 high-visibility enforcement campaign
is carried out to--
``(1) reduce alcohol-impaired operation of a motor vehicle;
``(2) reduce alcohol-impaired and drug-impaired operation
of a motor vehicle; and
``(3) increase use of seatbelts by occupants of motor
vehicles.
``(c) Public Awareness.--The purpose of each public awareness
campaign carried out under this section shall be to achieve outcomes
related to not less than 1 of the following objectives:
``(1) Increase the proper use of seatbelts and child
restraints by occupants of motor vehicles.
``(2) Reduce instances of distracted driving.
``(3) Reduce instances of speeding by drivers.
``(d) Advertising.--The Secretary may use, or authorize the use of,
funds available to carry out this section to pay for the development,
production, and use of broadcast and print media advertising and
Internet-based outreach in carrying out campaigns under this section.
In allocating such funds, consideration shall be given to advertising
directed at non-English speaking populations, including those who
listen to, read, or watch nontraditional media.
``(e) Coordination With States.--The Secretary shall coordinate
with States in carrying out the high-visibility enforcement campaigns
under this section, including advertising funded under subsection (d),
with consideration given to--
``(1) relying on States to provide law enforcement
resources for the campaigns out of funding made available under
sections 402 and 405; and
``(2) providing, out of National Highway Traffic Safety
Administration resources, most of the means necessary for
national advertising and education efforts associated with the
campaigns.
``(f) Coordination of Dynamic Highway Message Signs.--During
national high-visibility enforcement emphasis periods supported by
these funds, the Federal Highway Administration and the National
Highway Traffic Safety Administration shall coordinate with State
departments of transportation on the use of dynamic highway message
signs to support high-visibility national emphasis activities.
``(g) Use of Funds.--Funds made available to carry out this section
may be used only for activities described in subsections (c) and (d).
``(h) Definition.--In this section:
``(1) Campaign.--The term `campaign' means a high-
visibility traffic safety law enforcement campaign or a traffic
safety public awareness campaign.
``(2) Dynamic highway.--The term `dynamic highway message
sign' means a traffic control device that is capable of
displaying one or more alternative messages which convey
information to travelers.
``(3) State.--The `State' has the meaning given that term
in section 401.''.
(b) Clerical Amendment.--The item relating to section 404 in the
analysis for chapter 4 of title 23, United States Code, is amended to
read as follows:
``404. National safety campaigns.''.
SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) In General.--Section 405 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``13 percent'' and
inserting ``12.85 percent'';
(B) in paragraph (2) by striking ``14.5 percent''
and inserting ``14.3 percent'';
(C) in paragraph (3) by striking ``52.5 percent''
and inserting ``51.75 percent'';
(D) in paragraph (4) by striking ``8.5 percent''
and inserting ``8.3 percent'';
(E) in paragraph (6) by striking ``5 percent'' and
inserting ``4.9 percent'';
(F) in paragraph (7) by striking ``5 percent'' and
inserting ``4.9 percent'';
(G) in paragraph (8)--
(i) by striking ``paragraphs (1) through
(7)'' and inserting ``paragraphs (1) through
(8)'';
(ii) by striking ``subsections (b) through
(h)'' and inserting ``subsections (b) through
(i)''; and
(iii) by inserting ``to carry out any of
the other activities described in such
subsections, or the amount made available''
before ``under section 402'';
(H) in paragraph (9)(A) by striking ``date of
enactment of the FAST Act'' and inserting ``date of
enactment of the INVEST in America Act'';
(I) by redesignating paragraphs (8), (9), and (10)
as paragraphs (9), (10), and (11), respectively; and
(J) by inserting after paragraph (7) the following:
``(8) Driver and officer safety education.--In each fiscal
year, 1.5 percent of the funds provided under this section
shall be allocated among States that meet the requirements with
respect to driver and officer safety education (as described in
subsection (i)).'';
(2) in subsection (c)(3)(E) by striking ``5'' and inserting
``10'';
(3) in subsection (b)(4)--
(A) in subparagraph (A) by striking clause (v) and
inserting the following:
``(v) implement programs in low-income and
underserved populations to--
``(I) recruit and train occupant
protection safety professionals,
nationally certified child passenger
safety technicians, police officers,
fire and emergency medical personnel,
and educators serving low-income and
underserved populations;
``(II) educate parents and
caregivers in low-income and
underserved populations about the
proper use and installation of child
safety seats; and
``(III) purchase and distribute
child safety seats to low-income and
underserved populations; and''; and
(B) in subparagraph (B)--
(i) by striking ``100 percent'' and
inserting ``90 percent''; and
(ii) by inserting ``The remaining 10
percent of such funds shall be used to carry
out subsection (A)(v).'' after ``section
402.'';
(4) by striking subsection (c)(4) and inserting the
following:
``(4) Use of grant amounts.--Grant funds received by a
State under this subsection shall be used for--
``(A) making data program improvements to core
highway safety databases related to quantifiable,
measurable progress in any of the 6 significant data
program attributes set forth in paragraph (3)(D);
``(B) developing or acquiring information
technology for programs to identify, collect, and
report data to State and local government agencies, and
enter data, including crash, citation and adjudication,
driver, emergency medical services or injury
surveillance system, roadway, and vehicle, into the
core highway safety databases of a State;
``(C) purchasing equipment used to identify,
collect, and report State safety data to support State
efforts to improve State traffic safety information
systems;
``(D) linking core highway safety databases of a
State with such databases of other States;
``(E) improving the compatibility and
interoperability of the core highway safety databases
of the State with national data systems and data
systems of other States;
``(F) costs associated with training State and
local personnel on ways to improve State traffic safety
information systems;
``(G) hiring a Fatality Analysis Reporting System
liaison for a State; and
``(H) conducting research on State traffic safety
information systems, including developing and
evaluating programs to improve core highway safety
databases of such State and processes by which data is
identified, collected, reported to State and local
government agencies, and entered into such core safety
databases.'';
(5) by striking subsection (d)(6)(A) and inserting the
following:
``(A) Grants to states with alcohol-ignition
interlock laws.--The Secretary shall make a separate
grant under this subsection to each State that--
``(i) adopts and is enforcing a mandatory
alcohol-ignition interlock law for all
individuals at the time of, or prior to, a
conviction of driving under the influence of
alcohol or of driving while intoxicated;
``(ii) does not allow any individual
required to have an ignition interlock for
driving privileges to drive a motor vehicle
unless such individual installs an ignition
interlock for a minimum 180-day interlock
period; or
``(iii) has--
``(I) enacted and is enforcing a
state law requiring all individuals
convicted of, or whose driving
privilege is revoked or denied for,
refusing to submit to a chemical or
other test for the purpose of
determining the presence or
concentration of any intoxicating
substance to install an ignition
interlock for a minimum 180-day
interlock period unless the driver
successfully completes an appeal
process; and
``(II) a compliance-based removal
program in which an individual required
to install an ignition interlock for a
minimum 180-day interlock period and
have completed a minimum consecutive
period of not less than 60 days of the
required interlock period immediately
preceding the date of release, without
a confirmed violation, as defined by
State law or regulations, of driving
under the influence of alcohol or
driving while intoxicated.'';
(6) in subsection (e)--
(A) in paragraph (1) by striking ``paragraphs (2)
and (3)'' and inserting ``paragraph (2)'';
(B) in paragraph (4)--
(i) by striking ``paragraph (2) or (3)''
and inserting ``paragraph (3) or (4)'';
(ii) in subparagraph (A) by striking
``communications device to contact emergency
services'' and inserting ``communications
device during an emergency to contact emergency
services or to prevent injury to persons or
property'';
(iii) in subparagraph (C) by striking ``;
and'' and inserting a semicolon;
(iv) by redesignating subparagraph (D) as
subparagraph (E); and
(v) by inserting after subparagraph (C) the
following:
``(D) a driver who uses a personal wireless
communication device for navigation; and'';
(C) in paragraph (5)(A)(i) by striking ``texting or
using a cell phone while'' and inserting
``distracted'';
(D) in paragraph (7) by striking ``Of the amounts''
and inserting ``In addition to the amounts authorized
under section 404 and of the amounts'';
(E) in paragraph (9)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) Personal wireless communications device.--The
term `personal wireless communications device' means--
``(i) until the date on which the Secretary
issues a regulation pursuant to paragraph
(8)(A), a device through which personal
services (as such term is defined in section
332(c)(7)(C)(i) of the Communications Act of
1934 (47 U.S.C. 332(c)(7)(C)(i)) are
transmitted, but not including the use of such
a device as a global navigation system receiver
used for positioning, emergency notification,
or navigation purposes; and
``(ii) on and after the date on which the
Secretary issues a regulation pursuant to
paragraph (8)(A), the definition described in
such regulation.''; and
(ii) by striking subparagraph (E) and
inserting the following:
``(E) Texting.--The term `texting' means--
``(i) until the date on which the Secretary
issues a regulation pursuant to paragraph
(8)(A), reading from or manually entering data
into a personal wireless communications device,
including doing so for the purpose of SMS
texting, emailing, instant messaging, or
engaging in any other form of electronic data
retrieval or electronic data communication; and
``(ii) on and after the date on which the
Secretary issues a regulation pursuant to
paragraph (8)(A), the definition described in
such regulation.'';
(F) by striking paragraphs (2), (3), (6), and (8);
(G) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively;
(H) by inserting after paragraph (1) the following:
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B),
(C), and (D), the allocation of grant funds to a State
under this subsection for a fiscal year shall be in
proportion to the State's apportionment under section
402 for fiscal year 2009.
``(B) Primary offense laws.--A State that has
enacted and is enforcing a law that meets the
requirements set forth in paragraphs (3) and (4) as a
primary offense shall be allocated 100 percent of the
amount calculated under subparagraph (A).
``(C) Secondary offense laws.--A State that has
enacted and is enforcing a law that meets the
requirements set forth in paragraphs (3) and (4) as a
secondary offense shall be allocated 50 percent of the
amount calculated under subparagraph (A).
``(D) Texting while driving.--Notwithstanding
subparagraphs (B) and (C), a State shall be allocated
25 percent of the amount calculated under subparagraph
(A) if such State has enacted and is enforcing a law
that prohibits a driver from viewing a personal
wireless communication device, except for the purpose
of navigation.
``(3) Prohibition on handheld personal wireless
communication device use while driving.--A State law meets the
requirements set forth in this paragraph if the law--
``(A) prohibits a driver from holding or using,
including texting, a personal wireless communications
device while driving, except for the use of a personal
wireless communications device--
``(i) in a hands-free manner or with a
hands-free accessory; or
``(ii) to activate or deactivate a feature
or function of the personal wireless
communications device;
``(B) establishes a fine for a violation of the
law; and
``(C) does not provide for an exemption that
specifically allows a driver to hold or use a personal
wireless communication device while stopped in traffic.
``(4) Prohibition on personal wireless communication device
use while driving or stopped in traffic.--A State law meets the
requirements set forth in this paragraph if the law--
``(A) prohibits a driver from holding or using a
personal wireless communications device while driving
if the driver is--
``(i) younger than 18 years of age; or
``(ii) in the learner's permit or
intermediate license stage described in
subparagraph (A) or (B) of subsection (g)(2);
``(B) establishes a fine for a violation of the
law; and
``(C) does not provide for an exemption that
specifically allows a driver to use a personal wireless
communication device while stopped in traffic.''; and
(I) by inserting after paragraph (7) the following:
``(8) Rulemaking.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall issue such
regulations as are necessary to account for diverse State
approaches to combating distracted driving that--
``(A) defines the terms personal wireless
communications device and texting for the purposes of
this subsection; and
``(B) determines additional permitted exceptions
that are appropriate for a State law that meets the
requirements under paragraph (3) or (4).'';
(7) in subsection (g)--
(A) in paragraph (1) by inserting ``subparagraphs
(A) and (B) of'' before ``paragraph (2)'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Minimum requirements.--
``(A) Tier 1 state.--A State shall be eligible for
a grant under this subsection as a Tier 1 State if such
State requires novice drivers younger than 18 years of
age to comply with a 2-stage graduated driver licensing
process before receiving an unrestricted driver's
license that includes--
``(i) a learner's permit stage that--
``(I) is at least 180 days in
duration;
``(II) requires that the driver be
accompanied and supervised at all
times; and
``(III) has a requirement that the
driver obtain at least 40 hours of
behind-the-wheel training with a
supervisor; and
``(ii) an intermediate stage that--
``(I) commences immediately after
the expiration of the learner's permit
stage;
``(II) is at least 180 days in
duration; and
``(III) for the first 180 days of
the intermediate stage, restricts the
driver from--
``(aa) driving at night
between the hours of 11:00 p.m.
and at least 4:00 a.m. except--
``(AA) when a
parent, guardian,
driving instructor, or
licensed driver who is
at least 21 years of
age is in the motor
vehicle; and
``(BB) when driving
to and from work,
school and school-
related activities,
religious activities,
for emergencies, or as
a member of voluntary
emergency service; and
``(bb) operating a motor
vehicle with more than 1
nonfamilial passenger younger
than 18 years of age, except
when a parent, guardian,
driving instructor, or licensed
driver who is at least 21 years
of age is in the motor vehicle.
``(B) Tier 2 state.--A State shall be eligible for
a grant under this subsection as a Tier 2 State if such
State requires novice drivers younger than 18 years of
age to comply with a 2-stage graduated driver licensing
process before receiving an unrestricted driver's
license that includes--
``(i) a learner's permit stage that--
``(I) is at least 180 days in
duration;
``(II) requires that the driver be
accompanied and supervised at all
times; and
``(III) has a requirement that the
driver obtain at least 50 hours of
behind-the-wheel training, with at
least 10 hours at night, with a
supervisor; and
``(ii) an intermediate stage that--
``(I) commences immediately after
the expiration of the learner's permit
stage;
``(II) is at least 180 days in
duration; and
``(III) for the first 180 days of
the intermediate stage, restricts the
driver from--
``(aa) driving at night
between the hours of 10:00 p.m.
and at least 4:00 a.m. except--
``(AA) when a
parent, guardian,
driving instructor, or
licensed driver who is
at least 21 years of
age is in the motor
vehicle; and
``(BB) when driving
to and from work,
school and school-
related activities,
religious activities,
for emergencies, or as
a member of voluntary
emergency service; and
``(bb) operating a motor
vehicle with any nonfamilial
passenger younger than 18 years
of age, except when a parent,
guardian, driving instructor,
or licensed driver who is at
least 21 years of age is in the
motor vehicle.'';
(C) in paragraph (3)--
(i) in subparagraph (A) by inserting
``subparagraphs (A) and (B) of'' before
``paragraph (2)''; and
(ii) in subparagraph (B) by inserting
``subparagraphs (A) and (B) of'' before
``paragraph (2)'' each place such term appears;
(D) in paragraph (4) by striking ``such fiscal
year'' and inserting ``fiscal year 2009''; and
(E) by striking paragraph (5) and inserting the
following:
``(5) Use of funds.--
``(A) Tier 1 states.--A Tier 1 State shall use
grant funds provided under this subsection for--
``(i) enforcing a 2-stage licensing process
that complies with paragraph (2);
``(ii) training for law enforcement
personnel and other relevant State agency
personnel relating to the enforcement described
in clause (i);
``(iii) publishing relevant educational
materials that pertain directly or indirectly
to the State graduated driver licensing law;
``(iv) carrying out other administrative
activities that the Secretary considers
relevant to the State's 2-stage licensing
process; or
``(v) carrying out a teen traffic safety
program described in section 402(m).
``(B) Tier 2 states .--Of the grant funds made
available to a Tier 2 State under this subsection--
``(i) 25 percent shall be used for any
activity described in subparagraph (A); and
``(ii) 75 percent may be used for any
project or activity eligible under section
402.'';
(8) by amending subsection (h)(4) to read as follows:
``(4) Use of grant amounts.--Grant funds received by a
State under this subsection may be used for the safety of
pedestrians and bicyclists, including--
``(A) training of law enforcement officials on
pedestrian and bicycle safety, State laws applicable to
pedestrian and bicycle safety, and infrastructure
designed to improve pedestrian and bicycle safety;
``(B) carrying out a program to support enforcement
mobilizations and campaigns designed to enforce State
traffic laws applicable to pedestrian and bicycle
safety;
``(C) public education and awareness programs
designed to inform motorists, pedestrians, and
bicyclists about--
``(i) pedestrian and bicycle safety,
including information on nonmotorized mobility
and the important of speed management to the
safety of pedestrians and bicyclists;
``(ii) the value of the use of pedestrian
and bicycle safety equipment, including
lighting, conspicuity equipment, mirrors,
helmets and other protective equipment, and
compliance with any State or local laws
requiring their use;
``(iii) State traffic laws applicable to
pedestrian and bicycle safety, including
motorists' responsibilities towards pedestrians
and bicyclists; and
``(iv) infrastructure designed to improve
pedestrian and bicycle safety; and
``(D) data analysis and research concerning
pedestrian and bicycle safety.''; and
(9) by adding at the end the following:
``(i) Driver and Officer Safety Education.--
``(1) General authority.--Subject to the requirements under
this subsection, the Secretary shall award grants to--
``(A) States that enact a commuter safety education
program; and
``(B) States qualifying under paragraph (5)(A).
``(2) Federal share.--The Federal share of the costs of
activities carried out using amounts from a grant awarded under
this subsection may not exceed 80 percent.
``(3) Eligibility.--To be eligible for a grant under this
subsection, a State shall enact a law or adopt a program that
requires the following:
``(A) Driver education and driving safety
courses.--Inclusion, in driver education and driver
safety courses provided to individuals by educational
and motor vehicle agencies of the State, of instruction
and testing concerning law enforcement practices during
traffic stops, including information on--
``(i) the role of law enforcement and the
duties and responsibilities of peace officers;
``(ii) an individual's legal rights
concerning interactions with peace officers;
``(iii) best practices for civilians and
peace officers during such interactions;
``(iv) the consequences for an individual's
or officer's failure to comply with those laws
and programs; and
``(v) how and where to file a complaint
against or a compliment on behalf of a peace
officer.
``(B) Peace officer training programs.--Development
and implementation of a training program, including
instruction and testing materials, for peace officers
and reserve law enforcement officers (other than
officers who have received training in a civilian
course described in subparagraph (A)) with respect to
proper interaction with civilians during traffic stops.
``(4) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be in
proportion to the State's apportionment under section 402 for
fiscal year 2009.
``(5) Special rule for certain states.--
``(A) Qualifying state.--A State qualifies pursuant
to this subparagraph if--
``(i) the Secretary determines such State
has taken meaningful steps toward the full
implementation of a law or program described in
paragraph (3);
``(ii) the Secretary determines such State
has established a timetable for the
implementation of such a law or program; and
``(iii) such State has received a grant
pursuant to this subsection for a period of not
more than 5 years.
``(B) Withholding.--With respect to a State that
qualifies pursuant to subparagraph (A), the Secretary
shall--
``(i) withhold 50 percent of the amount
that such State would otherwise receive if such
State were a State described in paragraph
(1)(A); and
``(ii) direct any such amounts for
distribution among the States that are
enforcing and carrying out a law or program
described in paragraph (3).
``(6) Use of grant amounts.--A State receiving a grant
under this subsection may use such grant--
``(A) for the production of educational materials
and training of staff for driver education and driving
safety courses and peace officer training described in
paragraph (3); and
``(B) for the implementation of the law described
in paragraph (3).''.
(b) Conforming Amendment.--Sections 402, 403, and 405 of title 23,
United States Code, are amended--
(1) by striking ``accidents'' and inserting ``crashes''
each place it appears; and
(2) by striking ``accident'' and inserting ``crash'' each
place it appears.
SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE
INTOXICATED OR DRIVING UNDER THE INFLUENCE.
Section 164(b)(1) of title 23, United States Code, is amended--
(1) in subparagraph (A) by striking ``alcohol-impaired''
and inserting ``alcohol or polysubstance-impaired''; and
(2) in subparagraph (B)--
(A) by striking ``alcohol-impaired'' and inserting
``alcohol or polysubstance-impaired'';
(B) by striking ``or'' and inserting a comma; and
(C) by inserting ``, or driving while
polysubstance-impaired'' after ``driving under the
influence''.
SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.
Section 4010(2) of the FAST Act (23 U.S.C. 405 note) is amended by
striking ``deficiencies'' and inserting ``all deficiencies''.
SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING GRANTS.
(a) In General.--The Secretary of Transportation shall make grants
to institutions of higher education (as such term is defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to carry out
research, development, technology transfer, and training activities in
the operation or establishment of an implicit bias training program as
it relates to racial profiling at traffic stops.
(b) Qualifications.--To be eligible for a grant under this section,
an institution of higher education shall--
(1) have an active research program or demonstrate, to the
satisfaction of the Secretary, that the applicant is beginning
a research program to study implicit bias as it relates to
racial profiling before and during traffic stops; and
(2) partner with State and local police departments to
conduct the research described in paragraph (1) and carry out
the implementation of implicit bias training with State and
local police departments.
(c) Report.--No later than 1 year after a grant has been awarded
under this section, the institution of higher education awarded the
grant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
summarizing the research on implicit bias as it relates to racial
profiling before and during traffic stops, and recommendations on
effective interventions and trainings.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $20,000,000 for each fiscal year to carry out this
section.
(e) Definitions.--In this section, the term ``implicit bias
training program'' means a program that looks at the attitudes,
stereotypes, and lenses human beings develop through various
experiences in life that can unconsciously affect how they interact
with one another.
SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING.
Section 4007 of the FAST Act (23 U.S.C. 153 note) is amended--
(1) in paragraph (1) by striking ``or'' at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) otherwise profile and stop motorcycle operators or
motorcycle passengers using as a factor the clothing or mode of
transportation of such operators or passengers.''.
SEC. 3012. ELECTRONIC DRIVER'S LICENSE.
(a) REAL ID Act.--Section 202(a)(1) of the REAL ID Act of 2005 (49
U.S.C. 30301 note) is amended by striking ``a driver's license or
identification card'' and inserting ``a physical or digital driver's
license or identification card''.
(b) Title 18.--Section 1028(d)(7)(A) of title 18, United States
Code, is amended by striking ``government issued driver's license'' and
inserting ``government issued physical or digital driver's license''.
SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL.
(a) Short Title.--This section may be cited as the ``Motorcyclist
Advisory Council Reauthorization Act''.
(b) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a Motorcyclist Advisory Council (in this section referred to as the
``Council'').
(c) Duties.--
(1) Advising.--The Council shall advise the Secretary, the
Administrator of the National Highway Traffic Safety
Administration, and the Administrator of the Federal Highway
Administration on transportation issues of concern to
motorcyclists, including--
(A) barrier design;
(B) road design, construction, and maintenance
practices; and
(C) the architecture and implementation of
intelligent transportation system technologies.
(2) Biennial council report.--
(A) In general.--The Council shall submit a report
to the Secretary containing the Council's
recommendations regarding the issues described in
paragraph (1) on which the Council provides advice
pursuant to such paragraph.
(B) Timing.--Not later than October 31 of the
calendar year following the calendar year in which the
Council is established, and by every 2nd October 31
thereafter, the Council shall submit the report
required under this paragraph.
(d) Membership.--
(1) In general.--The Council shall be comprised of 12
members appointed by the Secretary as follows:
(A) Five experts from State or local government on
highway engineering issues, including--
(i) barrier design;
(ii) road design, construction, and
maintenance; or
(iii) intelligent transportation systems.
(B) One State or local traffic and safety engineer,
design engineer, or other transportation department
official who is a motorcyclist.
(C) One representative from a national association
of State transportation officials.
(D) One representative from a national motorcyclist
association.
(E) One representative from a national motorcyclist
foundation.
(F) One representative from a national motorcycle
manufacturing association.
(G) One roadway safety data expert on crash testing
and analysis.
(H) One member of a national safety organization
that represents the traffic safety systems industry.
(2) Duration.--
(A) Term.--Subject to subparagraphs (B) and (C),
each member shall serve one term of 2 years.
(B) Additional terms.--If a successor is not
designated for a member before the expiration of the
term the member is serving, the member may serve
another term.
(C) Appointment of replacements.--If a member
resigns before serving a full 2-year term, the
Secretary may appoint a replacement for such member to
serve the remaining portion such term. A member may
continue to serve after resignation until a successor
has been appointed. A vacancy in the Council shall be
filled in the manner in which the original appointment
was made.
(3) Compensation.--Members shall serve without
compensation.
(e) Termination.--The Council shall terminate 6 years after the
date of its establishment.
(f) Duties of the Secretary.--
(1) Accept or reject recommendation.--
(A) Secretary determines.--The Secretary shall
determine whether to accept or reject a recommendation
contained in a Council report.
(B) Timing.--
(i) Must accept or reject.--The Secretary
must indicate in each report submitted under
this section the Secretary's acceptance or
rejection of each recommendation listed in such
report.
(ii) Exception.--The Secretary may indicate
in a report submitted under this section that a
recommendation is under consideration. If the
Secretary does so, the Secretary must accept or
reject the recommendation in the next report
submitted under this section.
(2) Report.--
(A) In general.--Not later than 60 days after the
Secretary receives a Council report, the Secretary
shall submit a report to the following committees and
subcommittees:
(i) The Committee on Transportation and
Infrastructure of the House of Representatives.
(ii) The Committee on Environment and
Public Works of the Senate.
(iii) The Committee on Commerce, Science,
and Transportation of the Senate.
(iv) The Subcommittee on Transportation,
and Housing and Urban Development, and Related
Agencies of the Committee on Appropriations of
the House of Representatives.
(v) The Subcommittee on Transportation, and
Housing and Urban Development, and Related
Agencies of the Committee on Appropriations of
the Senate.
(B) Contents.--A report submitted under this
subsection shall include--
(i) a list containing--
(I) each recommendation contained
in the Council report described in
paragraph (1); and
(II) each recommendation indicated
as under consideration in the previous
report submitted under this subsection;
and
(ii) for each such recommendation, whether
it is accepted, rejected, or under
consideration by the Secretary.
(3) Administrative and technical support.--The Secretary
shall provide such administrative support, staff, and technical
assistance to the Council as the Secretary determines to be
necessary for the Council to carry out its duties.
(g) Definitions.--In this section:
(1) Council report.--The term ``Council report'' means the
report described in subsection (f)(2).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3014. REPORT ON MARIJUANA RESEARCH.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation, in consultation with the
Attorney General and the Secretary of Health and Human Services, shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on the
Department of Transportation website, a report and recommendations on--
(1) increasing and improving access, for scientific
researchers studying impairment while driving under the
influence of marijuana, to samples and strains of marijuana and
products containing marijuana lawfully being offered to
patients or consumers in a State on a retail basis;
(2) establishing a national clearinghouse to collect and
distribute samples and strains of marijuana for scientific
research that includes marijuana and products containing
marijuana lawfully available to patients or consumers in a
State on a retail basis;
(3) facilitating access, for scientific researchers located
in States that have not legalized marijuana for medical or
recreational use, to samples and strains of marijuana and
products containing marijuana from such clearinghouse for
purposes of research on marijuana-impaired driving; and
(4) identifying Federal statutory and regulatory barriers
to the conduct of scientific research and the establishment of
a national clearinghouse for purposes of facilitating research
on marijuana-impaired driving.
(b) Definition of Marijuana.--In this section, the term
``marijuana'' has the meaning given such term in section 4008 of the
FAST Act (Public Law 114-94).
SEC. 3015. COMPTROLLER GENERAL STUDY ON NATIONAL DUI REPORTING.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the reporting of alcohol-impaired driving arrest and
citation results into Federal databases to facilitate the widespread
identification of repeat impaired driving offenders.
(b) Inclusions.--The study conducted under subsection (a) shall
include a detailed assessment of--
(1) the extent to which State and local criminal justice
agencies are reporting alcohol-impaired driving arrest and
citation results into Federal databases;
(2) barriers on the Federal, State, and local levels to the
reporting of alcohol-impaired driving arrest and citation
results into Federal databases, as well as barriers to the use
of those systems by criminal justice agencies;
(3) Federal, State, and local resources available to
improve the reporting of alcohol-impaired driving arrest and
citation results into Federal databases;
(4) recommendations for policies and programs to be carried
out by the National Highway Traffic Safety Administration; and
(5) recommendations for programs and grant funding to be
authorized by Congress.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the appropriate committees of Congress a report on the results of the
study conducted under subsection (a).
SEC. 3016. REPORT ON IMPAIRED DRIVING.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Transportation, in consultation with the heads of
appropriate Federal agencies, State highway safety offices, State
toxicologists, traffic safety advocates, and other interested parties,
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that, using the National Safety
Council model guidelines for toxicology testing--
(1) identifies any barriers that States encounter in
submitting the alcohol and drug toxicology results to the
Fatality Analysis Reporting System;
(2) provides recommendations on how to address any barriers
identified under paragraph (1);
(3) provides further steps that the Secretary, acting
through the Administrator of the National Highway Traffic
Safety Administration, shall take to assist States in
improving--
(A) toxicology testing in cases of motor vehicle
crashes; and
(B) the reporting of alcohol and drug toxicology
results in cases of motor vehicle crashes.
SEC. 3017. IMPAIRED DRIVING COUNTERMEASURE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a priority should be placed on creating State systems,
programs, and processes that improve impaired driving detection
in cases in which alcohol, drugs, and especially multiple
substances are involved;
(2) States and communities should have access to a broader
range of countermeasures, technologies, and resources to
address multiple substance impaired driving; and
(3) increased Federal funding should be made available for
efforts to improve public safety through the approaches
described in paragraphs (1) and (2).
(b) Purpose.--The purpose of this section is to increase national
investment in, and maximize the use of, innovative programs and
technologies to eliminate multiple substance impaired driving.
(c) Impaired Driving Countermeasures.--Section 405(d) of title 23,
United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (B)--
(i) by striking clause (iii) and inserting
the following:
``(iii)(I) court support of high-visibility
enforcement efforts;
``(II) hiring criminal justice
professionals, including law enforcement
officers, prosecutors, traffic safety resource
prosecutors, judges, judicial outreach
liaisons, and probation officers;
``(III) training and education of the
criminal justice professionals described in
subclause (II) to assist those professionals in
preventing impaired driving and handling
impaired driving cases, including by providing
compensation to a law enforcement officer to
replace a law enforcement officer who is--
``(aa) receiving such drug
recognition expert training; or
``(bb) participating as an
instructor in such drug recognition
expert training; and
``(IV) establishing driving while
intoxicated courts;'';
(ii) by striking clauses (v) and (vi) and
inserting the following:
``(v) improving--
``(I) blood alcohol concentration
screening and testing;
``(II) the detection of potentially
impairing drugs, including through the
use of oral fluid as a specimen; and
``(III) reporting relating to the
testing and detection described in
subclauses (I) and (II);
``(vi)(I) paid and earned media in support
of high-visibility enforcement efforts;
``(II) conducting initial and continuing--
``(aa) standardized field sobriety
training, advanced roadside impaired
driving enforcement training, and drug
recognition expert training for law
enforcement; and
``(bb) law enforcement phlebotomy
training; and
``(III) to purchase equipment to carry out
impaired driving enforcement activities
authorized by this subsection;'';
(iii) in clause (ix), by striking ``and''
at the end;
(iv) in clause (x), by striking the period
at the end and inserting ``; and''; and
(v) by adding at the end the following:
``(xi) testing and implementing programs
and purchasing technologies to better identify,
monitor, or treat impaired drivers, including--
``(I) oral fluid screening
technologies;
``(II) electronic warrant programs;
``(III) equipment to increase the
scope, quantity, quality, and
timeliness of forensic toxicology
chemical testing;
``(IV) case management software to
support the management of impaired
driving offenders; and
``(V) technology to monitor
impaired driving offenders.''; and
(B) in subparagraph (C)--
(i) in the second sentence, by striking
``Medium-range'' and inserting the following:
``(ii) Medium-range and high-range
states.--Subject to clause (iii), medium-
range'';
(ii) in the first sentence, by striking
``Low-range'' and inserting the following:
``(i) Low-range states.--Subject to clause
(iii), low-range''; and
(iii) by adding at the end the following:
``(iii) All states.--
``(I) Reporting of impaired driving
criminal justice information.--A State
may use grant funds for any expenditure
designed to increase the timely and
accurate reporting of crash
information, including electronic crash
reporting systems that allow accurate
real-time or near real-time uploading
of crash information, and impaired
driving criminal justice information to
Federal, State, and local databases.
``(II) Impaired driving
countermeasures.--A State may use grant
funds for any expenditure to research
or evaluate impaired driving
countermeasures.''; and
(2) in paragraph (7)(A), in the matter preceding clause
(i), by inserting ``or local'' after ``authorizes a State''.
SEC. 3018. DRUG-IMPAIRED DRIVING EDUCATION GRANT PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall establish
a program to provide grants on a competitive basis to States and Indian
tribes to educate the public on the dangers of drug-impaired driving.
(b) Application for Grant.--To be awarded a grant under this
section, State or Indian tribe shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary may require.
(c) Suballocations of Funds.--A State or Indian tribe that receives
a grant under this section may suballocate funds from the grant to a
covered entity that will carry out the requirements of paragraph (a).
(d) Best Available Evidence.--An entity that receives funds under
this section, including a covered entity using such funds, shall--
(1) use evidence and strategies recommended by the
Congressional Research Service publication titled ``Marijuana
Use and Highway Safety'', published in May, 2019;
(2) use evidence and strategies recommended by the National
Highway Traffic Safety Administration publication titled
``Countermeasures That Work: A Highway Safety Countermeasure
Guide For State Highway Safety Offices, Ninth Edition, 2017'',
published in April, 2018; or
(3) use other evidence-based, peer-reviewed strategies as
determined by the Secretary.
(e) Evaluation.--Not later than 2 years after the date on which a
State or Indian tribe receives a grant under the program established
under paragraph (a), the State or Indian tribe shall submit to the
Secretary an evaluation of progress made toward reducing drug-impaired
driving within the State or Indian tribe.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $15,000,000 for each of the first 2
fiscal years beginning after the date of enactment of this Act.
(g) Federal Share.--The Federal share of the costs of activities
funded using amounts from grants awarded under this section may not
exceed 80 percent for each fiscal year for which a State receives a
grant.
(h) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' includes
the following:
(A) A State government agency.
(B) A local government agency or political
subdivision of a State.
(C) A Tribal organization.
(D) A nonprofit organization.
(E) A State or local prosecution office.
(F) A State or local law enforcement agency.
(2) Drug-impaired driving.--The term ``drug-impaired
driving'' means driving under the influence of marijuana,
opioids, cocaine, amphetamines, fentanyl, or phencyclidine.
(3) Marijuana.--The term ``marijuana'' has the meaning
given such term in section 4008 of the FAST Act (Public Law
114-94).
(4) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)) and is exempt from taxation under section
501(a) of such Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) State.--The term ``State'' means a State of the United
States, the District of Columbia, and each territory of the
United States.
(7) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(8) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grants, Operations, and Programs
SEC. 4101. MOTOR CARRIER SAFETY GRANTS.
(a) In General.--Section 31104 of title 49, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Financial Assistance Programs.--The following sums are
authorized to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account):
``(1) Motor carrier safety assistance program.--Subject to
paragraph (2) and subsection (c), to carry out section 31102
(except subsection (l))--
``(A) $388,950,000 for fiscal year 2023;
``(B) $398,700,000 for fiscal year 2024;
``(C) $408,900,000 for fiscal year 2025; and
``(D) $418,425,000 for fiscal year 2026.
``(2) High-priority activities program.--Subject to
subsection (c), to carry out section 31102(l)--
``(A) $72,604,000 for fiscal year 2023;
``(B) $74,424,000 for fiscal year 2024;
``(C) $76,328,000 for fiscal year 2025; and
``(D) $78,106,000 for fiscal year 2026.
``(3) Commercial motor vehicle operators grant program.--To
carry out section 31103--
``(A) $1,037,200 for fiscal year 2023;
``(B) $1,063,200 for fiscal year 2024;
``(C) $1,090,400 for fiscal year 2025; and
``(D) $1,115,800 for fiscal year 2026.
``(4) Commercial driver's license program implementation
program.--Subject to subsection (c), to carry out section
31313--
``(A) $56,008,800 for fiscal year 2023;
``(B) $57,412,800 for fiscal year 2024;
``(C) $58,881,600 for fiscal year 2025; and
``(D) $60,253,200 for fiscal year 2026.'';
(2) by striking subsection (c) and inserting the following:
``(c) Partner Training and Program Support.--
``(1) In general.--On October 1 of each fiscal year, or as
soon after that date as practicable, the Secretary may deduct
from amounts made available under paragraphs (1), (2), and (4)
of subsection (a) for that fiscal year not more than 1.8
percent of those amounts for partner training and program
support in that fiscal year.
``(2) Use of funds.--The Secretary shall use at least 50
percent of the amounts deducted under paragraph (1) on training
and related training materials for non-Federal Government
employees.
``(3) Partnership.--The Secretary shall carry out the
training and development of materials pursuant to paragraph (2)
in partnership with one or more nonprofit organizations,
through a competitive grant, that have--
``(A) expertise in conducting a training program
for non-Federal Government employees; and
``(B) a demonstrated ability to involve in a
training program the target population of commercial
motor vehicle safety enforcement employees.'';
(3) in subsection (f)--
(A) in paragraph (1) by striking ``the next fiscal
year'' and inserting ``the following 2 fiscal years'';
(B) in paragraph (2)--
(i) by striking ``section 31102(l)(2)'' and
inserting ``paragraphs (2) and (4) of section
31102(l)'';
(ii) by striking ``the next 2 fiscal
years'' and inserting ``the following 3 fiscal
years''; and
(C) in paragraph (3) by striking ``the next 4
fiscal years'' and inserting ``the following 5 fiscal
years''; and
(4) by adding at the end the following:
``(j) Treatment of Reallocations.--Amounts that are obligated and
subsequently, after the date of enactment of this subsection, released
back to the Secretary under subsection (i) shall not be subject to
limitations on obligations provided under any other provision of
law.''.
(b) Commercial Driver's License Program Implementation Financial
Assistance Program.--Section 31313(b) of title 49, United States Code,
is amended--
(1) by striking the period at the end and inserting ``;
and'';
(2) by striking ``A recipient'' and inserting the
following: ``In participating in financial assistance program
under this section--
``(1) a recipient''; and
(3) by adding at the end the following:
``(2) a State may not receive more than $250,000 in grants
under subsection (a)(2)(B) in any fiscal year--
``(A) in which the State prohibits private
commercial driving schools or independent commercial
driver's license testing facilities from offering a
commercial driver's license skills test as a third-
party tester; or
``(B) in which a State fails to report to the
Administrator of the Federal Motor Carrier Safety
Administration, during the previous fiscal year, the
average number of days of delays for an initial
commercial driver's license skills test or retest
within the State.''.
SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS.
(a) In General.--Section 31110 of title 49, United States Code, is
amended by striking subsection (a) and inserting the following:
``(a) Administrative Expenses.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety Administration--
``(1) $380,500,000 for fiscal year 2023;
``(2) $381,500,000 for fiscal year 2024;
``(3) $382,500,000 for fiscal year 2025; and
``(4) $384,500,000 for fiscal year 2026.''.
(b) Administrative Expenses.--
(1) Use of funds.--The Administrator of the Federal Motor
Carrier Safety Administration shall use funds made available in
subsection (a) for--
(A) acceleration of planned investments to
modernize the Administration's information technology
and information management systems;
(B) completing outstanding mandates;
(C) carrying out a Large Truck Crash Causal Factors
Study of the Administration;
(D) construction and maintenance of border
facilities; and
(E) other activities authorized under section
31110(b) of title 49, United States Code.
(2) Definition of outstanding mandate.--In this subsection,
the term ``outstanding mandate'' means a requirement for the
Federal Motor Carrier Safety Administration to issue
regulations, undertake a comprehensive review or study, conduct
a safety assessment, or collect data--
(A) under this Act;
(B) under MAP-21 (Public Law 112-141), that has not
been published in the Federal Register, if required, or
otherwise completed as of the date of enactment of this
Act;
(C) under the FAST Act (Public Law 114-94), that
has not been published in the Federal Register, if
required, or otherwise completed as of the date of
enactment of this Act; and
(D) under any other Act enacted before the date of
enactment of this Act that has not been published in
the Federal Register by the date required in such Act.
SEC. 4103. IMMOBILIZATION GRANT PROGRAM.
Section 31102(l) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``and (3)'' and inserting
``, (3), and (4)'';
(2) in paragraph (2)(F)(ii)(II) by inserting ``,
specifically including the priority activities described in
paragraph (4)'' after ``required for participation''; and
(3) by adding at the end the following:
``(4) Prioritization of immobilizing unsafe passenger-
carrying commercial motor vehicles.--
``(A) In general.--The Secretary shall prioritize
the awarding of discretionary grants to States for
activities related to paragraph (2)(F)(II) for the
enforcement of out of service orders if such vehicles
are found to be unsafe or have violated a Federal out
of service order.
``(B) Eligibility.--To be eligible for a grant
described under this paragraph, a State shall have the
authority to require the immobilization or impoundment
of a passenger-carrying commercial motor vehicle if
such vehicle is found to be unsafe or fail inspection
or to have violated a Federal out of service order.
``(C) Use of funds.--Grant funds received under
this paragraph may be used for--
``(i) the immobilization or impoundment of
commercial motor vehicles that are unsafe, fail
inspection, or have violated a Federal out of
service order;
``(ii) safety inspections of vehicles
described in clause (i);
``(iii) other activities related to the
activities described in clauses (i) and (ii),
as determined by the Secretary.
``(D) Passenger-carrying commercial motor vehicle
defined.--In this paragraph, the term `passenger-
carrying commercial motor vehicle' has the meaning
given such term in section 31301.''.
SEC. 4104. OPERATION OF SMALL COMMERCIAL VEHICLES STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall initiate a review of
the prevalence of, characteristics of, and safe operation of commercial
vehicles that have a gross vehicle weight rating or gross vehicle
weight below 10,000 pounds, and are utilized in package delivery of
goods moving in interstate commerce.
(b) Independent Research.--If the Secretary decides to enter into a
contract with a third party to perform the research required under
subsection (a), the Secretary shall--
(1) solicit applications from research institutions that
conduct objective, fact-based research to conduct the study;
and
(2) ensure that such third party does not have any
financial or contractual ties with an entity engaged in
interstate commerce utilizing commercial vehicles or commercial
motor vehicles.
(c) Entities Included.--As part of the review, the Secretary shall
collect information from a cross-section of companies that use fleets
of such vehicles for package delivery in interstate commerce, including
companies that--
(1) directly perform deliveries;
(2) use contracted entities to perform work; and
(3) utilize a combination of direct deliveries and contract
entities.
(d) Evaluation Factors.--The review shall include an evaluation of
the following:
(1) Fleet characteristics, including fleet structure, and
vehicle miles traveled.
(2) Fleet management, including scheduling of deliveries
and maintenance practices.
(3) Driver employment characteristics, including the basis
of compensation and classification.
(4) How training, medical fitness, hours on duty, and
safety of drivers is evaluated and overseen by companies,
including prevention of occupational injuries and illnesses.
(5) Safety performance metrics, based on data associated
with the included entities, including crash rates, moving
violations, failed inspections, and other related data points.
(6) Financial responsibility and liability for safety or
maintenance violations among companies, fleet managers, and
drivers.
(7) Loading and unloading practices, and how package volume
and placement in the vehicle is determined.
(8) Information on the use of driver safety applications,
if applicable.
(9) Information on work-related injury and illness data of
drivers.
(10) Other relevant information determined necessary by the
Secretary in order to make recommendations under subsection
(e).
(e) Report and Recommendations.--Upon completion of the review, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce of the Senate a report containing--
(1) the findings of the Secretary on each of the factors in
(d);
(2) a list of regulations applicable to commercial motor
vehicles and commercial motor vehicle operators that are not
applicable to commercial vehicle operations described in this
section; and
(3) recommendations, based on the findings, on changes to
laws or regulations at the Federal, State, or local level to
promote safe operations and safe and fair working conditions
for commercial vehicle operators.
SEC. 4105. MOTOR CARRIER SAFETY GRANTS MAINTENANCE OF EFFORT.
Section 31102(f)(2) of title 49, United States Code, is amended--
(1) by striking ``after fiscal year 2017''; and
(2) by striking ``baseline after the year in which the
Secretary implements a new allocation formula under section
5106 of the FAST Act, and'' and inserting a period.
Subtitle B--Motor Carrier Safety Oversight
SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144 of SAFETEA-LU (49 U.S.C. 31100 note) is amended--
(1) in subsection (b)(1) by inserting ``, including small
business motor carriers'' after ``industry''; and
(2) in subsection (d) by striking ``September 30, 2013''
and inserting ``September 30, 2026''.
SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall implement a revised
methodology to be used in the Compliance, Safety, Accountability
program of the Federal Motor Carrier Safety Administration to identify
and prioritize motor carriers for intervention, using the
recommendations of the study required by section 5221(a) of the FAST
Act (49 U.S.C. 31100 note).
(b) Data Availability.--The Secretary shall, in working toward
implementation of the revised methodology described in subsection (a)
prioritize revisions necessary to--
(1) restore the public availability of all relevant safety
data under a revised methodology; and
(2) make such safety data publicly available that was made
publicly available on the day before the date of enactment of
the FAST Act, as appropriate under a revised methodology.
(c) Implementation.--
(1) Progress reports.--Not later than 30 days after the
date of enactment of this Act, and every 90 days thereafter
until the date on which the Secretary implements the revised
methodology described in subsection (a), the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, and make publicly
available on a website of the Department of Transportation, a
progress report on--
(A) the status of the revision of the methodology
and related data modifications under subsection (a), a
timeline for completion of such revision, and an
estimated date for implementation of such revised
methodology;
(B) an explanation for any delays in development or
implementation of the revised methodology over the
reporting period; and
(C) if the Secretary has not resumed making
publicly available the data described in subsection
(b), an updated timeline for the restoration of the
public availability of data and a detailed explanation
for why such restoration has not occurred.
(2) Publication and notification.--Prior to commencing the
use of the revised methodology described in subsection (a) to
identify and prioritize motor carriers for intervention (other
than in a testing capacity), the Secretary shall--
(A) publish a detailed summary of the methodology
in the Federal Register and provide a period for public
comment; and
(B) notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate, in writing.
(d) Safety Fitness Rule.--
(1) Rulemaking.--Not later than 1 year after the date on
which the Secretary notifies Congress under subsection (c)(2),
the Secretary shall issue final regulations pursuant to section
31144(b) of title 49, United States Code, to revise the
methodology for issuance of motor carrier safety fitness
determinations.
(2) Considerations.--In issuing the regulations under
paragraph (1), the Secretary shall consider the use of all
available data to determine the fitness of a motor carrier.
(e) Repeal.--Section 5223 of the FAST Act (49 U.S.C. 31100 note),
and the item related to such section in the table of contents in
section 1(b) of such Act, are repealed.
SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS.
Section 31315 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)(A) by inserting ``, including
data submission requirements,'' after ``terms and
conditions''; and
(B) by striking paragraph (8) and inserting the
following:
``(8) Terms and conditions.--
``(A) In general.--The Secretary shall establish
terms and conditions for each exemption to ensure that
the exemption will not likely degrade the level of
safety achieved by the person or class of persons
granted the exemption, and allow the Secretary to
evaluate whether an equivalent level of safety is
maintained while the person or class of persons is
operating under such exemption, including--
``(i) requiring the regular submission of
accident and incident data to the Secretary;
``(ii) requiring immediate notification to
the Secretary in the event of a crash that
results in a fatality or serious bodily injury;
``(iii) for exemptions granted by the
Secretary related to hours of service rules
under part 395 of title 49, Code of Federal
Regulations, requiring that the exempt person
or class of persons submit to the Secretary
evidence of participation in a recognized
fatigue management plan; and
``(iv) providing documentation of the
authority to operate under the exemption to
each exempt person, to be used to demonstrate
compliance if requested by a motor carrier
safety enforcement officer during a roadside
inspection.
``(B) Implementation.--The Secretary shall monitor
the implementation of the exemption to ensure
compliance with its terms and conditions.''; and
(2) in subsection (e) by inserting ``, based on an analysis
of data collected by the Secretary and submitted to the
Secretary under subsection (b)(8)'' after ``safety''.
SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PASSENGERS.
Section 31144(i) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``who the
Secretary registers under section 13902 or 31134''; and
(B) in subparagraph (B) by inserting ``to motor
carriers of passengers and'' after ``apply''; and
(2) by adding at the end the following:
``(5) Motor carrier of passengers defined.--In this
subsection, the term `motor carrier of passengers' includes an
offeror of motorcoach services that sells scheduled
transportation of passengers for compensation at fares and on
schedules and routes determined by such offeror, regardless of
ownership or control of the vehicles or drivers used to provide
the transportation by motorcoach.''.
SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES.
Section 13506(b) of title 49, United States Code, is amended--
(1) in paragraph (2) by striking ``or'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) transportation by a motor vehicle designed or used to
transport between 9 and 15 passengers (including the driver),
whether operated alone or with a trailer attached for the
transport of recreational equipment, that is operated by a
person that provides recreational activities if--
``(A) the transportation is provided within a 150
air-mile radius of the location where passengers are
boarded; and
``(B) the person operating the motor vehicle, if
transporting passengers over a route between a place in
a State and a place in another State, is otherwise
lawfully providing transportation of passengers over
the entire route in accordance with applicable State
law.''.
SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF
HOUSEHOLD GOODS IN INTERSTATE COMMERCE.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Motor Carrier Safety Administration.
(2) Covered carrier.--The term ``covered carrier'' means a
motor carrier that is--
(A) engaged in the interstate transportation of
household goods; and
(B) subject to the requirements of part 375 of
title 49, Code of Federal Regulations (as in effect on
the effective date of the amendments required by
subsection (b)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Amendments to Regulations.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking to amend regulations related to the interstate
transportation of household goods.
(c) Considerations.--In issuing the notice of proposed rulemaking
under subsection (b), the Secretary shall consider the following
recommended amendments to provisions of title 49, Code of Federal
Regulations:
(1) Section 375.207(b) to require each covered carrier to
include on the website of the covered carrier a link--
(A) to the publication of the Administration titled
``Ready to Move-Tips for a Successful Interstate Move''
(ESA 03005) on the website of the Administration; or
(B) to a copy of the publication referred to in
subparagraph (A) on the website of the covered carrier.
(2) Subsections (a) and (b)(1) of section 375.213 to
require each covered carrier to provide to each individual
shipper, with any written estimate provided to the shipper, a
copy of the publication described in appendix A of part 375 of
such title, entitled ``Your Rights and Responsibilities When
You Move'' (ESA-03-006 (or a successor publication)), in the
form of a written copy or a hyperlink on the website of the
covered carrier to the location on the website of the
Administration containing such publication.
(3) Subsection (e) of section 375.213, to repeal such
subsection.
(4) Section 375.401(a), to require each covered carrier--
(A) to conduct a visual survey of the household
goods to be transported by the covered carrier--
(i) in person; or
(ii) virtually, using--
(I) a remote camera; or
(II) another appropriate
technology;
(B) to offer a visual survey described in
subparagraph (A) for all household goods shipments,
regardless of the distance between--
(i) the location of the household goods;
and
(ii) the location of the agent of the
covered carrier preparing the estimate; and
(C) to provide to each shipper a copy of
publication of the Administration titled ``Ready to
Move-Tips for a Successful Interstate Move'' (ESA
03005) on receipt from the shipper of a request to
schedule, or a waiver of, a visual survey offered under
subparagraph (B).
(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and
375.405(b)(7)(ii), and subpart D of appendix A of part 375, to
require that, in any case in which a shipper tenders any
additional item or requests any additional service prior to
loading a shipment, the affected covered carrier shall--
(A) prepare a new estimate; and
(B) maintain a record of the date, time, and manner
in which the new estimate was accepted by the shipper.
(6) Section 375.501(a), to establish that a covered carrier
is not required to provide to a shipper an order for service if
the covered carrier elects to provide the information described
in paragraphs (1) through (15) of such section in a bill of
lading that is presented to the shipper before the covered
carrier receives the shipment.
(7) Subpart H of part 375, to replace the replace the terms
``freight bill'' and ``expense bill'' with the term
``invoice''.
SEC. 4207. BROKER GUIDANCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue guidance to
clarify the definitions of the terms ``broker'' and ``bona fide
agents'' under part 371 of title 49, Code of Federal Regulations.
(b) Considerations.--In issuing the guidance under subsection (a),
the Secretary shall consider the extent to which technology has changed
the nature of freight brokerage, the role of bona fide agents, and
other aspects of the freight transportation industry.
(c) Dispatch Services.--In issuing the guidance under subsection
(a), the Secretary shall, at a minimum--
(1) examine the role of a dispatch service in the
transportation industry;
(2) examine the extent to which dispatch services could be
considered brokers or bona fide agents; and
(3) clarify the level of financial penalties for
unauthorized brokerage activities under section 14916 of title
49, United States Code, applicable to a dispatch service.
SEC. 4208. REVIEW OF LABOR LAWS.
(a) Registration.--Section 13902(a)(1)(A) of title 49, United
States Code, is amended--
(1) in clause (v) by striking ``and'' at the end;
(2) in clause (vi) by striking the semicolon and inserting
``; and''; and
(3) by adding at the end the following:
``(vii) applicable labor and employment
laws and regulations, including wage and hour
and workplace safety laws and regulations,
relevant to the safe operation of a motor
carrier;''.
(b) Agency Review.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation and the
Secretary of Labor shall initiate a process to--
(1) review the relationship between labor and employment
laws and regulations and motor carrier safety laws and
regulations, including hours of service rules;
(2) evaluate labor and employment laws and regulations
likely to be relevant to the safe operation of a motor carrier;
(3) assess the availability of datasets, gaps in available
data, and opportunities to gather and share useful data to
better understand the relationship between labor and employment
laws and regulations and the safety performance of a motor
carrier; and
(4) assess the feasibility of utilizing available data,
including data on violations of labor and employment laws and
regulations, to improve the Secretary's safety oversight of a
motor carrier.
(c) Report.--No later than 18 months after initiation of the
process under subsection (b), the Secretary of Transportation and
Secretary of Labor shall submit to Congress a report containing--
(1) the findings of the process undertaken under subsection
(b);
(2) any proposed actions to be taken by either the
Secretary of Transportation or the Secretary of Labor as a
result of such findings; and
(3) any recommendations to Congress to implement such
proposed actions.
(d) Updates.--Following completion of the agency review under
subsection (b), the Secretary of Transportation may initiate a
rulemaking addressing the periodic monitoring of information to ensure
compliance with section 13902(a)(1)(A)(vii) of title 49, United States
Code, including any required documentation that a motor carrier is
required to submit.
Subtitle C--Commercial Motor Vehicle Driver Safety
SEC. 4301. COMMERCIAL DRIVER'S LICENSE FOR PASSENGER CARRIERS.
Section 31301 of title 49, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (B) by striking ``or'';
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) is designed or used as a stretch limousine;
or'';
(2) by redesignating paragraph (15) as paragraph (16); and
(3) by inserting after paragraph (14) the following:
``(15) `stretch limousine' means any sedan or sports
utility vehicle that--
``(A) has been modified to add seating capacity to
that provided by the vehicle manufacturer through an
extended chassis, lengthened wheelbase, or an elongated
seating area;
``(B) as modified, has a seating capacity of more
than 8 passengers (including the driver);
``(C) is used under trip-by-trip contracts for the
transportation of passengers for compensation on a
prearranged basis; and
``(D) is not used for public transportation
service, as such term is defined in section 5302.''.
SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
Section 31306(c)(2) of title 49, United States Code, is amended by
striking ``, for urine testing,''.
SEC. 4303. ENTRY-LEVEL DRIVER TRAINING.
Not later than 30 days after the date of enactment of this Act, and
every 90 days thereafter until the compliance date for the final rule
published on December 8, 2016, titled ``Minimum Training Requirements
for Entry-Level Commercial Motor Vehicle Operators'' (81 Fed. Reg.
88732), the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on--
(1) a schedule, including benchmarks, to complete
implementation of the requirements under such final rule;
(2) any anticipated delays, if applicable, in meeting the
benchmarks described in paragraph (1);
(3) the progress that the Secretary has made in updating
the Department of Transportation's information technology
infrastructure to support the training provider registry;
(4) a list of States that have adopted laws or regulations
to implement such final rule; and
(5) a list of States, if applicable, that are implementing
the rule and confirming that an applicant for a commercial
driver's license has complied with the requirements.
SEC. 4304. DRIVER DETENTION TIME.
(a) Data Collection.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall--
(1) begin to collect data on delays experienced by
operators of commercial motor vehicles, as required under
section 5501 of the FAST Act (49 U.S.C. 14103 note) and as
referenced in the request for information published on June 10,
2019, titled ``Request for Information Concerning Commercial
Motor Vehicle Driver Detention Times During Loading and
Unloading'' (84 Fed. Reg. 26932); and
(2) make such data available on a publicly accessible
website of the Department of Transportation.
(b) Detention Time Limits.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall initiate a
rulemaking to establish limits on the amount of time that an
operator of a commercial motor vehicle may be reasonably
detained by a shipper or receiver before the loading or
unloading of the vehicle, if the operator is not compensated
for such time detained.
(2) Contents.--As part of the rulemaking conducted pursuant
to subsection (a), the Secretary shall--
(A) consider the diverse nature of operations in
the movement of goods by commercial motor vehicle;
(B) examine any correlation between time detained
and violations of the hours-of-service rules under part
395 of title 49, Code of Federal Regulations;
(C) determine whether the effect of detention time
on safety differs based on--
(i) how an operator is compensated; and
(ii) the contractual relationship between
the operator and the motor carrier, including
whether an operator is an employee, a leased
owner-operator, or an owner-operator with
independent authority; and
(D) establish a process for a motor carrier,
shipper, receiver, broker, or commercial motor vehicle
operator to report instances of time detained beyond
the Secretary's established limits.
(3) Incorporation of information.--The Secretary shall
incorporate information received under paragraph (2)(D) into
the process established pursuant to subsection (a) once a final
rule takes effect.
(c) Data Protection.--Data made available pursuant to this section
shall be made available in a manner that--
(1) precludes the connection of the data to any individual
motor carrier or commercial motor vehicle operator; and
(2) protects privacy and confidentiality of individuals,
operators, and motor carriers submitting the data.
(d) Commercial Motor Vehicle Defined.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in section
31101 of title 49, United States Code.
SEC. 4305. TRUCK LEASING TASK FORCE.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Labor, shall establish a Truck Leasing Task Force
(hereinafter referred to as the ``Task Force'').
(b) Membership.--The Secretary of Transportation shall select not
more than 15 individuals to serve as members of the Task Force,
including equal representation from each of the following:
(1) Labor organizations.
(2) The motor carrier industry, including independent
owner-operators.
(3) Consumer protection groups.
(4) Safety groups.
(5) Members of the legal profession who specialize in
consumer finance issues.
(c) Duties.--The Task Force shall examine, at a minimum--
(1) common truck leasing arrangements available to
property-carrying commercial motor vehicle drivers, including
lease-purchase agreements;
(2) the terms of such leasing agreements;
(3) the prevalence of predatory leasing agreements in the
motor carrier industry;
(4) specific agreements available to drayage drivers at
ports related to the Clean Truck Program or similar programs to
decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net
compensation of property-carrying commercial motor vehicle
drivers, including port drayage drivers;
(6) resources to assist property-carrying commercial motor
vehicle drivers in assessing the impacts of leasing agreements;
and
(7) the classification of property-carrying commercial
motor vehicle drivers under lease-purchase agreements.
(d) Compensation.--A member of the Task Force shall serve without
compensation.
(e) Report.--Upon completion of the examination described in
subsection (c), the Task Force shall submit to the Secretary of
Transportation, Secretary of Labor, and appropriate congressional
committees a report containing--
(1) the findings of the Task Force on the matters described
in subsection (c);
(2) best practices related to--
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to
entering into such agreements; and
(B) assisting a commercial motor vehicle driver who
has entered into a predatory lease agreement; and
(3) recommendations on changes to laws or regulations, as
applicable, at the Federal, State, or local level to promote
fair leasing agreements under which a commercial motor vehicle
driver is able to earn a living wage.
(f) Termination.--Not later than 1 month after the date of
submission of the report pursuant to subsection (e), the Task Force
shall terminate.
SEC. 4306. HOURS OF SERVICE.
(a) Comprehensive Review.--
(1) Comprehensive review of hours of service rules.--Not
later than 60 days after the date of enactment of this Act, the
Secretary shall initiate a comprehensive review of hours of
service rules and the impacts of waivers, exemptions, and other
allowances that limit the applicability of such rules.
(2) Changes to regulations.--In carrying out the
comprehensive review under paragraph (1) and the required
analyses under paragraphs (3) and (4), the Secretary shall
consider the modifications made in the final rule published on
June 1, 2020, titled ``Hours of Service of Drivers'' (85 Fed.
Reg. 33396) and evaluate the impacts of the allowance to
operate in excess of the limits in effect prior to June 1,
2020.
(3) List of exemptions.--In carrying out the comprehensive
review required under paragraph (1), the Secretary shall--
(A) compile a list of waivers, exemptions, and
other allowances--
(i) under which a driver may operate in
excess of the otherwise applicable limits on
on-duty or driving time in absence of such
exemption, waiver, or other allowance;
(ii) under which a driver may operate
without recording compliance with hours of
service rules through the use of an electronic
logging device; and
(iii) applicable--
(I) to specific segments of the
motor carrier industry or sectors of
the economy;
(II) on a periodic or seasonal
basis; and
(III) to specific types of
operations, including the short haul
exemption under part 395 of title 49,
Code of Federal Regulations;
(B) specify whether each such waiver, exemption, or
other allowance was granted by the Department of
Transportation or enacted by Congress, and how long
such waiver, exemption, or other allowance has been in
effect; and
(C) estimate the number of motor carriers, motor
private carriers, and drivers that may qualify to use
each waiver, exemption, or other allowance.
(4) Safety impact analysis.--
(A) In general.--In carrying out the comprehensive
review under paragraph (1), the Secretary, in
consultation with State motor carrier enforcement
entities, shall undertake a statistically valid
analysis to determine the safety impact, including on
enforcement, of the exemptions, waivers, or other
allowances compiled under paragraph (2) by--
(i) using available data, or collecting
from motor carriers or motor private carriers
and drivers operating under an exemption,
waiver, or other allowance if the Secretary
does not have sufficient data, to determine the
incidence of accidents, fatigue-related
incidents, and other relevant safety
information related to hours of service among
motor carriers, private motor carriers, and
drivers permitted to operate under each
exemption, waiver, or other allowance;
(ii) comparing the data described in
subparagraph (A) to safety data from motor
carriers, motor private carriers, and drivers
that are subject to the hours of service rules
and not operating under an exemption, waiver,
or other allowance; and
(iii) based on the comparison under
subparagraph (B), determining whether waivers,
exemptions, and other allowances in effect
provide an equivalent level of safety as would
exist in the absence of exemptions, waivers, or
other allowances.
(B) Consultation.--The Secretary shall consult with
State motor carrier enforcement entities in carrying
out this paragraph.
(C) Exclusions.--The Secretary shall exclude data
related to exemptions, waivers, or other allowances
made pursuant to an emergency declaration under section
390.23 of title 49, Code of Federal Regulations, or
extended under section 390.25 of title 49, Code of
Federal Regulations, from the analysis required under
this paragraph.
(5) Driver impact analysis.--In carrying out the
comprehensive review under paragraph (1), the Secretary shall
further consider--
(A) data on driver detention collected by the
Secretary pursuant to section 4304 of this Act and
other conditions affecting the movement of goods by
commercial motor vehicle, and how such conditions
interact with the Secretary's regulations on hours of
service;
(B) whether exemptions, waivers, or other
allowances that permit additional on-duty time or
driving time have a deleterious effect on the physical
condition of drivers; and
(C) whether differences in the manner in which
drivers are compensated result in different levels of
burden for drivers in complying with hours of service
rules.
(b) Peer Review.--Prior to the publication of the review required
under subsection (d), the analyses performed by the Secretary shall
undergo an independent peer review.
(c) Publication.--Not later than 18 months after the date that the
Secretary initiates the comprehensive review under subsection (b)(1),
the Secretary shall publish the findings of such review in the Federal
Register and provide for a period for public comment.
(d) Report to Congress.--Not later than 30 days after the
conclusion of the public comment period under subsection (d), the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives and make publicly available on a website of
the Department of Transportation a report containing the information
and analyses required under subsection (b).
(e) Replacement of Guidance.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall initiate a rulemaking to
update the Department of Transportation guidance published on June 7,
2018, titled ``Hours of Service of Drivers of Commercial Motor
Vehicles: Regulatory Guidance Concerning the Use of a Commercial Motor
Vehicle for Personal Conveyance'' (83 Fed. Reg. 26377) to prescribe
specific mileage or time limits, or both, for the use of personal
conveyance.
(f) Definitions.--In this section:
(1) Motor carrier; motor private carrier.--The terms
``motor carrier'' and ``motor private carrier'' have the
meanings given such terms in section 31501 of title 49, United
States Code.
(2) On-duty time; driving time; electronic logging
device.--The terms ``on-duty time'', ``driving time'', and
``electronic logging device'' have the meanings given such
terms in section 395.2 of title 49, Code of Federal Regulations
(as in effect on June 1, 2020).
SEC. 4307. DRIVER RECRUITMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the inspector general of the Department of Transportation
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report examining the operation of
commercial motor vehicles in the United States by drivers admitted to
the United States under temporary business visas.
(b) Contents.--The report under paragraph (1) shall include--
(1) an assessment of--
(A) the prevalence of the operation of commercial
motor vehicles in the United States by drivers admitted
to the United States under temporary business visas;
(B) the characteristics of motor carriers that
recruit and use such drivers, including the country of
domicile of the motor carrier or subsidiary;
(C) the demographics of drivers operating in the
United States under such visas, including the country
of domicile of such drivers; and
(D) the contractual relationship between such motor
carriers and such drivers;
(2) an analysis of whether such drivers are required to
comply with--
(A) motor carrier safety regulations under
subchapter B of chapter III of title 49, Code of
Federal Regulations, including--
(i) the English proficiency requirement
under section 391.11(2) of title 49, Code of
Federal Regulations;
(ii) the requirement for drivers of a motor
carrier to report any violations of a
regulation to such motor carrier under section
391.27 of title 49, Code of Federal
Regulations; and
(iii) driver's licensing requirements under
part 383 of title 49, Code of Federal
Regulations, including entry-level driver
training and drug and alcohol testing under
part 382 of such title; and
(B) regulations prohibiting point-to-point
transportation in the United States, or cabotage, under
part 365 of title 49, Code of Federal Regulations;
(3) an evaluation of the safety record of the operations
and drivers described in paragraph (1), including--
(A) violations of the motor carrier safety
regulations under subchapter B of chapter III of title
49, Code of Federal Regulations, including applicable
requirements described in paragraph (2)(A); and
(B) the number of crashes involving such operations
and drivers; and
(4) the impact of such operations and drivers on--
(A) commercial motor vehicle drivers domiciled in
the United States, including employment levels and
driver compensation of such drivers; and
(B) the competitiveness of motor carriers domiciled
in the United States.
(c) Definitions.--In this section:
(1) Commercial motor vehicle.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in
section 31101 of title 49, United States Code.
(2) Temporary business visa.--The term ``temporary business
visa'' means any driver who is present in the United States
with status under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)).
SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall--
(1) assess the risk posed by untreated obstructive sleep
apnea in drivers of commercial motor vehicles and the
feasibility, benefits, and costs associated with establishing
screening criteria for obstructive sleep apnea in drivers of
commercial motor vehicles;
(2) issue a notice in the Federal Register containing the
independently peer-reviewed findings of the assessment required
under paragraph (1) not later than 30 days after completion of
the assessment and provide an opportunity for public comment;
and
(3) if the Secretary contracts with an independent third
party to conduct the assessment required under paragraph (1),
ensure that the independent third party shall not have any
financial or contractual ties or relationship with a motor
carrier that transports passengers or property for
compensation, the motor carrier industry, or driver advocacy
organizations.
(b) Screening Criteria.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a proposed rule to establish screening
criteria for obstructive sleep apnea in commercial motor
vehicle drivers and provide an opportunity for public comment.
(2) Final rule.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
to establish screening criteria for obstructive sleep apnea in
commercial motor vehicle drivers.
(c) Commercial Motor Vehicle Defined.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in section
31132 of title 49, United States Code.
SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD.
(a) Short Title.--This section may be cited as the ``Promoting
Women in Trucking Workforce Act''.
(b) Findings.--Congress finds that--
(1) women make up 47 percent of the workforce of the United
States;
(2) women are significantly underrepresented in the
trucking industry, holding only 24 percent of all
transportation and warehousing jobs and representing only--
(A) 6.6 percent of truck drivers;
(B) 12.5 percent of all workers in truck
transportation; and
(C) 8 percent of freight firm owners;
(3) given the total number of women truck drivers, women
are underrepresented in the truck-driving workforce; and
(4) women truck drivers have been shown to be 20 percent
less likely than male counterparts to be involved in a crash.
(c) Sense of Congress Regarding Women in Trucking.--It is the sense
of Congress that the trucking industry should explore every
opportunity, including driver training and mentorship programs, to
encourage and support the pursuit of careers in trucking by women.
(d) Establishment.--To encourage women to enter the field of
trucking, the Administrator shall establish and facilitate an advisory
board, to be known as the ``Women of Trucking Advisory Board'', to
promote organizations and programs that--
(1) provide education, training, mentorship, or outreach to
women in the trucking industry; and
(2) recruit women into the trucking industry.
(e) Membership.--
(1) In general.--The Board shall be composed of not fewer
than seven members whose backgrounds allow those members to
contribute balanced points of view and diverse ideas regarding
the strategies and objectives described in subsection (f)(2).
(2) Appointment.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall appoint the
members of the Board, of whom--
(A) not fewer than one shall be a representative of
large trucking companies;
(B) not fewer than one shall be a representative of
mid-sized trucking companies;
(C) not fewer than one shall be a representative of
small trucking companies;
(D) not fewer than one shall be a representative of
nonprofit organizations in the trucking industry;
(E) not fewer than one shall be a representative of
trucking business associations;
(F) not fewer than one shall be a representative of
independent owner-operators; and
(G) not fewer than one shall be a woman who is a
professional truck driver.
(3) Terms.--Each member shall be appointed for the life of
the Board.
(4) Compensation.--A member of the Board shall serve
without compensation.
(f) Duties.--
(1) In general.--The Board shall identify--
(A) industry trends that directly or indirectly
discourage women from pursuing careers in trucking,
including--
(i) any differences between women minority
groups;
(ii) any differences between women who live
in rural, suburban, and urban areas; and
(iii) any safety risks unique to the
trucking industry;
(B) ways in which the functions of trucking
companies, nonprofit organizations, and trucking
associations may be coordinated to facilitate support
for women pursuing careers in trucking;
(C) opportunities to expand existing opportunities
for women in the trucking industry; and
(D) opportunities to enhance trucking training,
mentorship, education, and outreach programs that are
exclusive to women.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Board shall submit to the
Administrator a report describing strategies that the
Administrator may adopt--
(A) to address any industry trends identified under
paragraph (1)(A);
(B) to coordinate the functions of trucking
companies, nonprofit organizations, and trucking
associations in a manner that facilitates support for
women pursuing careers in trucking;
(C) to--
(i) take advantage of any opportunities
identified under paragraph (1)(C); and
(ii) create new opportunities to expand
existing scholarship opportunities for women in
the trucking industry; and
(D) to enhance trucking training, mentorship,
education, and outreach programs that are exclusive to
women.
(g) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing--
(A) any strategies recommended by the Board under
subsection (f)(2); and
(B) any actions taken by the Administrator to adopt
the strategies recommended by the Board (or an
explanation of the reasons for not adopting the
strategies).
(2) Public availability.--The Administrator shall make the
report under paragraph (1) publicly available--
(A) on the website of the Federal Motor Carrier
Safety Administration; and
(B) in appropriate offices of the Federal Motor
Carrier Safety Administration.
(h) Termination.--The Board shall terminate on submission of the
report to Congress under subsection (g).
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Motor Carrier Safety
Administration.
(2) Board.--The term ``Board'' means the Women of Trucking
Advisory Board established under subsection (d).
(3) Large trucking company.--The term ``large trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with an annual revenue greater
than $1,000,000,000.
(4) Mid-sized trucking company.--The term ``mid-sized
trucking company'' means a motor carrier (as defined in section
13102 of title 49, United States Code) with an annual revenue
of not less than $35,000,000 and not greater than
$1,000,000,000.
(5) Small trucking company.--The term ``small trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with an annual revenue less than
$35,000,000.
SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE SAFETY.
(a) Definition.--Section 31301(14) of title 49, United States Code,
is amended--
(1) by striking ``and'' and inserting a comma; and
(2) by inserting ``, and Puerto Rico'' before the period.
(b) Implementation.--The Administrator of the Federal Motor Carrier
Safety Administration shall work with the Commonwealth of Puerto Rico
on obtaining full compliance with chapter 313 of title 49, United
States Code, and regulations adopted under that chapter.
(c) Grace Period.--Notwithstanding section 31311(a) of title 49,
United States Code, during a 5-year period beginning on the date of
enactment of this Act, the Commonwealth of Puerto Rico shall not be
subject to a withholding of an apportionment of funds under paragraphs
(1) and (2) of section 104(b) of title 23, United States Code, for
failure to comply with any requirement under section 31311(a) of title
49, United States Code.
SEC. 4311. USE OF DATA.
Section 31137(e) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``only''; and
(B) by striking ``, including record-of-duty status
regulations'' and inserting ``and to conduct
transportation research utilizing such data'';
(2) in paragraph (2) by striking ``to enforce the
regulations referred to in'' and inserting ``for purposes
authorized under''; and
(3) by amending paragraph (3) to read as follows:
``(3) Research data.--The Secretary shall institute
appropriate measures to protect the privacy of individuals,
operators, and motor carriers when data obtained from an
electronic logging device is used for research pursuant to this
section and such research is made available to the public.''.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
SEC. 4401. SCHOOLBUS SAFETY STANDARDS.
(a) Schoolbus Seatbelts.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking to consider requiring large schoolbuses to
be equipped with safety belts for all seating positions, if the
Secretary determines that such standards meet the requirements
and considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code.
(2) Considerations.--In issuing a notice of proposed
rulemaking under paragraph (1), the Secretary shall consider--
(A) the safety benefits of a lap/shoulder belt
system (also known as a Type 2 seatbelt assembly);
(B) the investigations and recommendations of the
National Transportation Safety Board on seatbelts in
schoolbuses;
(C) existing experience, including analysis of
student injuries and fatalities compared to States
without seat belt laws, and seat belt usage rates, from
States that require schoolbuses to be equipped with
seatbelts, including Type 2 seatbelt assembly;
(D) the impact of lap/shoulder belt systems on
emergency evacuations, with a focus on emergency
evacuations involving students below the age of 14, and
emergency evacuations necessitated by fire or water
submersion; and
(E) the impact of lap/shoulder belt systems on the
overall availability of schoolbus transportation.
(3) Report.--If the Secretary determines that a standard
described in paragraph (1) does not meet the requirements and
considerations set forth in subsections (a) and (b) of section
30111 of title 49, United States Code, the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
describes the reasons for not prescribing such a standard.
(4) Application of regulations.--Any regulation issued
based on the notice of proposed rulemaking described in
paragraph (1) shall apply to schoolbuses manufactured more than
3 years after the date on which the regulation takes effect.
(b) Automatic Emergency Braking.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall--
(1) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all
schoolbuses manufactured after the effective date of such
standard to be equipped with an automatic emergency braking
system; and
(2) as part of such standard, establish performance
requirements for automatic emergency braking systems, including
operation of such systems.
(c) Electronic Stability Control.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall--
(1) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all
schoolbuses manufactured after the effective date of such
standard to be equipped with an electronic stability control
system (as such term is defined in section 571.136 of title 49,
Code of Federal Regulations (as in effect on the date of
enactment of this Act)); and
(2) as part of such standard, establish performance
requirements for electronic stability control systems,
including operation of such systems.
(d) Fire Prevention and Mitigation.--
(1) Research and testing.--The Secretary shall conduct
research and testing to determine the most prevalent causes of
schoolbus fires and the best methods to prevent such fires and
to mitigate the effect of such fires, both inside and outside
the schoolbus. Such research and testing shall consider--
(A) fire suppression systems standards, which at a
minimum prevent engine fires;
(B) firewall standards to prevent gas or flames
from entering into the passenger compartment in
schoolbuses with engines that extend beyond the
firewall; and
(C) interior flammability and smoke emissions
characteristics standards.
(2) Standards.--The Secretary may issue fire prevention and
mitigation standards for schoolbuses, based on the results of
the Secretary's research and testing under paragraph (1), if
the Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a)
and (b) of section 30111 of title 49, United States Code.
(e) School Bus Temperature Safety Study and Report.--Not later than
1 year after the date of enactment of this Act, the Secretary shall
study and issue a report on the safety implications of temperature
controls in school buses. The study and report shall include--
(1) an analysis of the internal temperature in school buses
without air conditioning in weather between 80 and 110 degrees
Fahrenheit;
(2) the collection and analysis of data on temperature-
related injuries to students, including heatstroke and
dehydration;
(3) the collection of data on how many public school
districts currently operate buses without air conditioning; and
(4) recommendations for preventing heat related illnesses
for children on school buses.
(f) Definitions.--In this section:
(1) Automatic emergency braking.--The term ``automatic
emergency braking'' means a crash avoidance system installed
and operational in a vehicle that consists of--
(A) a forward warning function--
(i) to detect vehicles and vulnerable road
users ahead of the vehicle; and
(ii) to alert the operator of an impending
collision; and
(B) a crash-imminent braking function to provide
automatic braking when forward-looking sensors of the
vehicle indicate that--
(i) a crash is imminent; and
(ii) the operator of the vehicle is not
applying the brakes.
(2) Large schoolbus.--The term ``large schoolbus'' means a
schoolbus with a gross vehicle weight rating of more than
10,000 pounds.
(3) Schoolbus.--The term ``schoolbus'' has the meaning
given such term in section 30125(a) of title 49, United States
Code.
SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES.
(a) Illegal Passing Research.--
(1) In general.--The Secretary of Transportation shall
conduct research to determine--
(A) drivers' knowledge of and attitudes towards
laws governing passing of a school bus under the State
in which the driver lives;
(B) the effectiveness of automated school bus
camera enforcement systems in reducing school bus
passing violations;
(C) whether laws that require automated school bus
camera systems to capture images of a driver's face
impact the ability of States to enforce such laws;
(D) the effectiveness of public education on
illegal school bus passing laws in reducing school bus
passing violations; and
(E) the most-effective countermeasures to address
illegal passing of school buses and best practices for
States to reduce the number of illegal passing
violations.
(2) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the research
and findings required under paragraph (1).
(3) Publication.--The Secretary shall make publicly
available on the website of the Department the report required
under paragraph (2) not later than 30 days after the report is
submitted under such paragraph.
(b) Public Safety Messaging Campaign.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall create and
disseminate a public safety messaging campaign, including
public safety media messages, posters, digital, and other media
messages for distribution to States, divisions of motor
vehicles, schools, and other public outlets to highlight the
dangers of illegally passing school buses, including
educational materials for students and the public on the safest
school bus loading and unloading procedures.
(2) Consultation.--The Secretary shall consult with public
and private school bus industry representatives and States in
developing the materials and messages required under paragraph
(1).
(3) Update.--The Secretary shall periodically update the
materials used in the campaign.
(c) Review of Advanced School Bus Safety Technologies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete a review of
advanced school bus safety technologies to assess their
feasibility, benefits, and costs. The review shall include--
(A) an evaluation of motion-activated alert systems
that are capable of detecting and alerting the school
bus driver to students, pedestrians, bicyclists, and
other vulnerable road users located near the perimeter
of the school bus;
(B) an evaluation of advanced school bus flashing
lighting systems to improve communication to
surrounding drivers;
(C) an evaluation of early warning systems,
including radar-based warning systems, to alert school
bus drivers and students near the school bus that an
approaching vehicle is likely to engage in an illegal
passing; and
(D) other technologies that enhance school bus
safety, as determined by the Secretary.
(2) Publication.--The Secretary shall make the findings of
the review publicly available on the website of the Department
not later than 30 days after its completion.
(d) GAO Review of State Illegal Passing Laws and Driver
Education.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report examining State laws and driver education
efforts regarding illegal passing of school buses.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) an overview of each State's illegal school bus
passing laws, including how the laws are enforced and
what penalties are imposed on violators;
(B) a review of each State's driver education
efforts regarding illegal passing of school buses to
determine how each State educates and evaluates new
drivers on laws governing passing of a school bus; and
(C) recommendations on how States can improve
driver education and awareness of the dangers of
illegally passing school buses.
SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR
VEHICLES.
(a) Review of State Inspection Practices.--The Secretary of
Transportation shall conduct a review of Federal Motor Carrier Safety
Regulations related to annual inspection of commercial motor vehicles
carrying passengers to determine--
(1) different inspection models in use for commercial motor
vehicles carrying passengers to satisfy the Federal inspection
requirement;
(2) the number of States that have mandatory annual State
vehicle inspections and whether such inspections are used to
satisfy the Federal inspection requirement for commercial motor
vehicles carrying passengers;
(3) the extent to which passenger carriers utilize self-
inspection to satisfy the Federal inspection requirement;
(4) the number of States that have the authority to require
the immobilization of impoundment of a commercial motor vehicle
carrying passengers if such a vehicle fails inspection; and
(5) the impact on the safety of commercial motor vehicles
carrying passengers, based on the inspection model employed.
(b) Report to Congress.--Not later than 1 year after the enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on--
(1) the findings of the review conducted under subsection
(a); and
(2) recommendations on changes to the Secretary's
inspection program regulations to improve the safety of
commercial motor vehicles carrying passengers.
SEC. 4404. AUTOMATIC EMERGENCY BRAKING.
(a) Federal Motor Vehicle Safety Standard.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall--
(A) prescribe a motor vehicle safety standard under
section 30111 of title 49, United States Code, that
requires all commercial motor vehicles subject to
Federal motor vehicle safety standard 136 under section
571.136 of title 49, Code of Federal Regulations,
(relating to electronic stability control systems for
heavy vehicles) manufactured after the effective date
of such standard to be equipped with an automatic
emergency braking system; and
(B) as part of such standard, establish performance
requirements for automatic emergency braking systems,
including operation of such systems in a variety of
driving conditions.
(2) Considerations.--Prior to prescribing the standard
required under paragraph (1)(A), the Secretary shall--
(A) conduct a review of automatic emergency braking
systems in use in applicable commercial motor vehicles
and address any identified deficiencies with such
systems in the rulemaking proceeding to prescribe the
standard, if practicable;
(B) assess the feasibility of updating the software
of emergency braking systems in use in applicable
commercial motor vehicles to address any deficiencies
and to enable such systems to meet the new standard;
and
(C) consult with representatives of commercial
motor vehicle drivers regarding the experiences of
drivers with automatic emergency braking systems in use
in applicable commercial motor vehicles, including
malfunctions or unwarranted activations of such
systems.
(3) Compliance date.--The Secretary shall ensure that the
compliance date of the standard prescribed pursuant to
paragraph (1) shall be not later than 2 years after the date of
publication of the final rule prescribing such standard.
(b) Federal Motor Carrier Safety Regulation.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall issue a
regulation under section 31136 of title 49, United States Code, that
requires that an automatic emergency braking system installed in a
commercial motor vehicle subject to Federal motor vehicle safety
standard 136 under section 571.136 of title 49, Code of Federal
Regulations,(relating to electronic stability control systems for heavy
vehicles) that is in operation on or after the effective date of the
standard prescribed under subsection (a) be used at any time during
which such commercial motor vehicle is in operation.
(c) Report on Automatic Emergency Braking in Medium-duty Commercial
Motor Vehicles.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall,
with respect to commercial motor vehicles not subject to
Federal motor vehicle safety standard 136 under section 571.136
of title 49, Code of Federal Regulations--
(A) complete research on equipping commercial motor
vehicles with automatic emergency braking systems to
better understand the overall effectiveness of such
systems on a variety of commercial motor vehicles;
(B) assess the feasibility of installing automatic
emergency braking systems on newly manufactured
commercial motor vehicles with a gross vehicle weight
rating of 10,001 pounds or more; and
(C) if warranted, develop performance standards for
such automatic emergency braking systems.
(2) Independent research.--If the Secretary enters into a
contract with a third party to perform the research required
under paragraph (1)(A), the Secretary shall ensure that such
third party does not have any financial or contractual ties or
relationship with a motor carrier that transports passengers or
property for compensation, the motor carrier industry, or an
entity producing or supplying automatic emergency braking
systems.
(3) Publication of assessment.--Not later than 90 days
after completing the assessment required under paragraph
(1)(B), the Secretary shall issue a notice in the Federal
Register containing the findings of the assessment and provide
an opportunity for public comment.
(4) Report to congress.--After the conclusion of the public
comment period under paragraph (3), the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
provides--
(A) the results of the assessment under paragraph
(1)(B);
(B) a summary of the public comments received by
the Secretary under paragraph (3); and
(C) a determination as to whether the Secretary
intends to develop performance requirements for
automatic emergency braking systems for applicable
commercial motor vehicles, including any analysis that
led to such determination.
(d) Definitions.--In this section:
(1) Automatic emergency braking system.--The term
``automatic emergency braking system'' means a crash avoidance
system installed and operational in a vehicle that consists
of--
(A) a forward collision warning function--
(i) to detect vehicles and vulnerable road
users ahead of the vehicle; and
(ii) to alert the operator of the vehicle
of an impending collision; and
(B) a crash-imminent braking function to provide
automatic braking when forward-looking sensors of the
vehicle indicate that--
(i) a crash is imminent; and
(ii) the operator of the vehicle is not
applying the brakes.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31101 of
title 49, United States Code.
SEC. 4405. UNDERRIDE PROTECTION.
(a) Rear Underride Guards.--
(1) Rear guards on trailers and semitrailers.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary of
Transportation shall issue such regulations as are
necessary to revise motor vehicle safety standards
under sections 571.223 and 571.224 of title 49, Code of
Federal Regulations, to require trailers and semi-
trailers manufactured after the date on which such
regulation is issued to be equipped with rear impact
guards that are designed to prevent passenger
compartment intrusion from a trailer or semitrailer
when a passenger vehicle traveling at 35 miles per hour
makes--
(i) an impact in which the passenger
vehicle impacts the center of the rear of the
trailer or semitrailer;
(ii) an impact in which 50 percent the
width of the passenger vehicle overlaps the
rear of the trailer or semitrailer; and
(iii) an impact in which 30 percent of the
width of the passenger vehicle overlaps the
rear of the trailer or semitrailer.
(B) Effective date.--The rule issued under
subparagraph (A) shall require full compliance with the
motor carrier safety standard prescribed in such rule
not later than 2 years after the date on which a final
rule is issued.
(2) Additional research.--The Secretary shall conduct
additional research on the design and development of rear
impact guards that can prevent underride crashes and protect
motor vehicle passengers against severe injury at crash speeds
of up to 65 miles per hour.
(3) Review of standards.--Not later than 5 years after any
revisions to standards or requirements related to rear impact
guards pursuant to paragraph (1), the Secretary shall review
the standards or requirements to evaluate the need for changes
in response to advancements in technology and upgrade such
standards accordingly.
(4) Inspections.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
issue such regulations as are necessary to amend the
regulations on minimum periodic inspection standards
under appendix G to subchapter B of chapter III of
title 49, Code of Federal Regulations, and driver
vehicle inspection reports under section 396.11 of
title 49, Code of Federal Regulations, to include rear
impact guards and rear end protection (as required by
section 393.86 of title 49, Code of Federal
Regulations).
(B) Considerations.--In updating the regulations
described in subparagraph (A), the Secretary shall
consider it to be a defect or a deficiency if a rear
impact guard is missing or has a corroded or
compromised element that affects the structural
integrity and protective feature of such guard.
(b) Side Underride Guards.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) complete additional research on side underride
guards to better understand the overall effectiveness
of such guards;
(B) assess the feasibility, benefits, and costs
associated with installing side underride guards on
newly manufactured trailers and semitrailers with a
gross vehicle weight rating of 10,000 pounds or more;
and
(C) if warranted, develop performance standards for
such guards.
(2) Independent research.--If the Secretary enters into a
contract with a third party to perform the research required
under paragraph (1)(A), the Secretary shall ensure that such
third party does not have any financial or contractual ties or
relationship with a motor carrier that transports passengers or
property for compensation, the motor carrier industry, or an
entity producing or supplying underride guards.
(3) Publication of assessment.--Not later than 90 days
after completing the assessment required under paragraph
(1)(B), the Secretary shall issue a notice in the Federal
Register containing the findings of the assessment and provide
an opportunity for public comment.
(4) Report to congress.--After the conclusion of the public
comment period under paragraph (3), the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
provides--
(A) the results of the assessment under this
subsection;
(B) a summary of the public comments received by
the Secretary under paragraph (3); and
(C) a determination as to whether the Secretary
intends to develop performance requirements for side
underride guards, including any analysis that led to
such determination.
(c) Advisory Committee on Underride Protection.--
(1) Establishment.--Not later than 30 days after the date
of enactment of this Act, the Secretary of Transportation shall
establish an Advisory Committee on Underride Protection (in
this subsection referred to as the ``Committee'') to provide
advice and recommendations to the Secretary on safety
regulations to reduce crashes and fatalities involving truck
underrides.
(2) Representation.--
(A) In general.--The Committee shall be composed of
not more than 20 members appointed by the Secretary who
are not employees of the Department of Transportation
and who are qualified to serve because of their
expertise, training, or experience.
(B) Membership.--Members shall include two
representatives of each of the following:
(i) Truck and trailer manufacturers.
(ii) Motor carriers, including independent
owner-operators.
(iii) Law enforcement.
(iv) Motor vehicle engineers.
(v) Motor vehicle crash investigators.
(vi) Truck safety organizations.
(vii) The insurance industry.
(viii) Emergency medical service providers.
(ix) Families of underride crash victims.
(x) Labor organizations.
(3) Compensation.--Members of the Committee shall serve
without compensation.
(4) Meetings.--The Committee shall meet at least annually.
(5) Support.--On request of the Committee, the Secretary
shall provide information, administrative services, and
supplies necessary for the Committee to carry out the duties
described in paragraph (1).
(6) Report.--The Committee shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a biennial report that shall--
(A) describe the advice and recommendations made to
the Secretary; and
(B) include an assessment of progress made by the
Secretary in advancing safety regulations.
(d) Data Collection.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement recommendations 1
and 2 described in the report by the Government Accountability Office
published on March 14, 2019, titled ``Truck Underride Guards: Improved
Data Collection, Inspections, and Research Needed'' (GAO-19-264).
SEC. 4406. TRANSPORTATION OF HORSES.
Section 80502 of title 49, United States Code, is amended--
(1) in subsection (c) by striking ``This section does not''
and inserting ``Subsections (a) and (b) shall not'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Transportation of Equines.--
``(1) Prohibition.--No person may transport or cause to be
transported, an equine from a place in a State, the District of
Columbia, or a territory or possession of the United States
through or to a place in another State, the District of
Columbia, or a territory or possession of the United States, or
any place that is under the sovereignty of a government that is
not the United States--
``(A) in a motor vehicle containing 2 or more
levels stacked on top of each other; or
``(B) with reason to believe that the equine may be
slaughtered for human consumption.
``(2) Motor vehicle defined.--In this subsection, the term
`motor vehicle' means--
``(A) a vehicle driven or drawn by mechanical power
and manufactured primarily for use on public highways;
and
``(B) does not include a vehicle operated
exclusively on a rail or rails.
``(3) Equine defined.--In this subsection, the term
`equine' means any member of the Equidae family.''.
(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 equines.--
``(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 equine that
is transported, or caused to be transported, in
violation of subsection (d).
``(B) Relationship to other laws.--The penalty
imposed under subparagraph (A) shall be in addition to
any penalty or remedy available under any other law.
``(3) Civil action.--On learning''.
SEC. 4407. ADDITIONAL STATE AUTHORITY.
(a) Additional Authority.--Notwithstanding the limitation in
section 127(d) of title 23, United States Code, if a State had in
effect on or before June 1, 1991, a statute or regulation which placed
a limitation on the overall length of a longer combination vehicle
consisting of 3 trailers, such State may allow the operation of a
longer combination vehicle to accommodate a longer energy efficient
truck tractor in such longer combination vehicle under such limitation,
if the additional tractor length is the only added length to such
longer combination vehicle and does not result in increased cargo
capacity in weight or volume.
(b) Savings Clause.--Nothing in this section authorizes a State to
allow an increase in the length of a trailer, semitrailer, or other
cargo-carrying unit of a longer combination vehicle.
(c) Longer Combination Vehicle Defined.--The term ``longer
combination vehicle'' has the meaning given such term in section 127 of
title 23, United States Code.
SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSURANCE FOR COMMERCIAL
MOTOR VEHICLES.
Section 31139(b) of title 49, United States Code, is amended--
(1) in paragraph (2), by striking ``$750,000'' and
inserting ``$2,000,000''; and
(2) by adding at the end the following:
``(3) Adjustment.--The Secretary, in consultation with the
Bureau of Labor Statistics, shall adjust the minimum level of
financial responsibility under paragraph (2) quinquennially for
inflation.''.
SEC. 4409. UNIVERSAL ELECTRONIC IDENTIFIER.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Transportation shall issue a final motor vehicle safety
standard that requires a commercial motor vehicle manufactured after
the effective date of such standard to be equipped with a universal
electronic vehicle identifier that provides a single point of data,
such as the vehicle identification number, that--
(1) identifies the vehicle for compliance, inspection, or
enforcement purposes;
(2) does not transmit personally identifiable information
regarding operators; and
(3) does not create an undue cost burden for operators and
carriers.
SEC. 4410. LENGTH LIMITATIONS.
Section 31111 of title 49, United States Code, is amended--
(1) in subsection (a) by adding at the end the following:
``(8) Covered heavy-duty tow and recovery vehicle.--The
term `covered heavy-duty tow and recovery vehicle' means any
vehicle transporting a wrecked or disabled vehicle from the
place where the vehicle became wrecked or disabled to the
nearest appropriate repair facility or other location, as
directed by any agency having jurisdiction.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (G) by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (H) by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(I) imposes an overall length limit on any
combination of vehicles, or the length of any
individual vehicle in the combination configuration,
being transported by a covered heavy-duty tow and
recovery vehicle provided that the wrecked or disabled
vehicle combination being transported was in compliance
with applicable length limits at the time and place of
the initial disablement or wreck; or
``(J) imposes a limit to the number of vehicles
that may be transported in combination with a covered
heavy-duty tow and recovery vehicle provided that the
wrecked or disabled vehicle combination being
transported was in compliance with applicable limits at
the time and place of the initial disablement or
wreck''.
TITLE V--INNOVATION
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code, $144,000,000
for each of fiscal years 2023 through 2026.
(2) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code,
$152,000,000 for each of fiscal years 2023 through 2026.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $26,000,000 for each of fiscal
years 2023 through 2026.
(4) Intelligent transportation systems program.--To carry
out sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2023 through 2026.
(5) University transportation centers program.--To carry
out section 5505 of title 49, United States Code, $96,000,000
for each of fiscal years 2023 through 2026.
(6) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code, $27,000,000 for
each of fiscal years 2023 through 2026.
(b) Additional Programs.--The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) Mobility through advanced technologies.--To carry out
section 503(c)(4) of title 23, United States Code, $70,000,000
for each of fiscal years 2023 through 2026 from funds made
available to carry out section 503(c) of such title.
(2) Materials to reduce greenhouse gas emissions program.--
To carry out section 503(d) of title 23, United States Code,
$10,000,000 for each of fiscal years 2023 through 2026 from
funds made available to carry out section 503(c) of such title.
(3) National highly automated vehicle and mobility
innovation clearinghouse.--To carry out section 5509 of title
49, United States Code, $2,000,000 for each of fiscal years
2023 through 2026 from funds made available to carry out
sections 512 through 518 of title 23, United States Code.
(4) National cooperative multimodal freight transportation
research program.--To carry out section 70205 of title 49,
United States Code, $4,000,000 for each of fiscal years 2023
through 2026 from funds made available to carry out section
503(b) of title 23, United States Code.
(5) State surface transportation system funding pilots.--To
carry out section 6020 of the FAST Act (23 U.S.C. 503 note),
$35,000,000 for each of fiscal years 2023 through 2026 from
funds made available to carry out section 503(b) of title 23,
United States Code.
(c) Administration.--The Federal Highway Administration shall--
(1) administer the programs described in paragraphs (1),
(2), and (3) of subsection (a) and paragraph (1) of subsection
(b); and
(2) in consultation with relevant modal administrations,
administer the programs described in subsections (a)(4) and
(b)(2).
(d) Treatment of Funds.--Funds authorized to be appropriated by
subsections (a) and (b) shall--
(1) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using those funds shall be
80 percent, unless otherwise expressly provided by this title
(including the amendments by this title) or otherwise
determined by the Secretary; and
(2) remain available until expended and not be
transferable, except as otherwise provided in this title.
Subtitle A--Research and Development
SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Section 503 of title 23, United States Code, is
amended--
(1) in subsection (a)(2) by striking ``section 508'' and
inserting ``section 6503 of title 49''; and
(2) in subsection (b)--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (ii) by striking ``;
and'' and inserting a semicolon;
(II) in clause (iii) by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following:
``(iv) to reduce greenhouse gas emissions
and limit the effects of climate change.''; and
(ii) by striking subparagraphs (D) and (E);
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (ii) by striking ``;
and'' and inserting a semicolon;
(II) in clause (iii) by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following:
``(iv) to reduce greenhouse gas emissions
and limit the effects of climate change.''; and
(ii) in subparagraph (C)--
(I) in clause (iv) by striking ``;
and'' and inserting a semicolon;
(II) in clause (v) by striking the
period and inserting ``; and''; and
(III) by inserting at the end the
following:
``(vi) establishing best practices and
creating models and tools to support
metropolitan and statewide planning practices
to meet the considerations described in
sections 134(i)(2)(I) and 135(f)(10) of this
title, including--
``(I) strategies to address climate
change mitigation and impacts described
in sections 134(i)(2)(I)(ii) and
135(f)(10)(B) of this title and the
incorporation of such strategies into
long range transportation planning;
``(II) preparation of a
vulnerability assessment described in
sections 134(i)(2)(I)(iii) and
135(f)(10)(C) of this title; and
``(III) integration of these
practices with the planning practices
described in sections 5303(i)(2)(I) and
5304(f)(10) of title 49.'';
(C) in paragraph (5)(A)--
(i) in clause (iv) by striking ``; and''
and inserting a semicolon;
(ii) in clause (v) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(vi) reducing greenhouse gas emissions
and limiting the effects of climate change.'';
and
(D) by adding at the end the following:
``(9) Analysis tools.--The Secretary may develop
interactive modeling tools and databases that--
``(A) track the condition of highway assets,
including interchanges, and the reconstruction history
of such assets;
``(B) can be used to assess transportation options;
``(C) allow for the monitoring and modeling of
network-level traffic flows on highways; and
``(D) further Federal and State understanding of
the importance of national and regional connectivity
and the need for long-distance and interregional
passenger and freight travel by highway and other
surface transportation modes.
``(10) Performance management data support program.--
``(A) Performance management data support.--The
Administrator of the Federal Highway Administration
shall develop, use, and maintain data sets and data
analysis tools to assist metropolitan planning
organizations, States, and the Federal Highway
Administration in carrying out performance management
analyses (including the performance management
requirements under section 150).
``(B) Inclusions.--The data analysis activities
authorized under subparagraph (A) may include--
``(i) collecting and distributing vehicle
probe data describing traffic on Federal-aid
highways;
``(ii) collecting household travel behavior
data to assess local and cross-jurisdictional
travel, including to accommodate external and
through travel;
``(iii) enhancing existing data collection
and analysis tools to accommodate performance
measures, targets, and related data, so as to
better understand trip origin and destination,
trip time, and mode;
``(iv) enhancing existing data analysis
tools to improve performance predictions and
travel models in reports described in section
150(e);
``(v) developing tools--
``(I) to improve performance
analysis; and
``(II) to evaluate the effects of
project investments on performance;
``(vi) assisting in the development or
procurement of the transportation system access
data under section 1403(g) of the INVEST in
America Act; and
``(vii) developing tools and acquiring data
described under paragraph (9).
``(C) Funding.--The Administrator of the Federal
Highway Administration may use up to $15,000,000 for
each of fiscal years 2023 through 2026 to carry out
this paragraph.''.
(b) Repeal.--Section 6028 of the FAST Act (23 U.S.C. 150 note), and
the item relating to such section in the table of contents in section
1(b) of such Act, are repealed.
SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS PROGRAM.
Section 503 of title 23, United States Code, as amended by section
5101, is further amended by adding at the end the following:
``(d) Materials To Reduce Greenhouse Gas Emissions Program.--
``(1) In general.--Not later than 6 months after the date
of enactment of this subsection, the Secretary shall establish
and implement a program under which the Secretary shall award
grants to eligible entities to research and support the
development and deployment of materials that will capture,
absorb, adsorb, reduce, or sequester the amount of greenhouse
gas emissions generated during the production of highway
materials and the construction and use of highways.
``(2) Activities.--Activities under this section may
include--
``(A) carrying out research to determine the
materials proven to most effectively capture, absorb,
adsorb, reduce, or sequester greenhouse gas emissions;
``(B) evaluating and improves the ability of
materials to most effectively capture, absorb, adsorb,
reduce, or sequester greenhouse gas emissions;
``(C) supporting the development and deployment of
materials that will capture, absorb, adsorb, reduce, or
sequester greenhouse gas emissions; and
``(D) in coordination with standards-setting
organizations, such as the American Association of
State Highway and Transportation Officials, carrying
out research on--
``(i) the extent to which existing state
materials procurement standards enable the
deployment of materials proven to most
effectively reduce or sequester greenhouse gas
emissions;
``(ii) opportunities for States to adapt
procurement standards to more frequently
procure materials proven to most effectively
reduce or sequester greenhouse gas emissions;
and
``(iii) how to support or incentivize
States to adapt procurement standards to
incorporate more materials proven to most
effectively reduce or sequester greenhouse gas
emissions.
``(3) Competitive selection process.--
``(A) Applications.--To be eligible to receive a
grant under this subsection, an eligible entity shall
submit to the Secretary an application in such form and
containing such information as the Secretary may
require.
``(B) Consideration.--In making grants under this
subsection, the Secretary shall consider the degree to
which applicants presently carry out research on
materials that capture, absorb, adsorb, reduce, or
sequester greenhouse gas emissions.
``(C) Selection criteria.--The Secretary may make
grants under this subsection to any eligible entity
based on the demonstrated ability of the applicant to
fulfill the activities described in paragraph (2).
``(D) Transparency.--The Secretary shall submit to
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Environment and Public Works of the Senate a report
describing the overall review process for a grant under
this subsection, including--
``(i) specific criteria of evaluation used
in the review;
``(ii) descriptions of the review process;
and
``(iii) explanations of the grants awarded.
``(4) Grants.--
``(A) Restrictions.--
``(i) In general.--For each fiscal year, a
grant made available under this subsection
shall be not greater than $4,000,000 and not
less than $2,000,000 per recipient.
``(ii) Limitation.--An eligible entity may
only receive one grant in a fiscal year under
this subsection.
``(B) Matching requirements.--As a condition of
receiving a grant under this subsection, a grant
recipient shall match 50 percent of the amounts made
available under the grant.
``(5) Program coordination.--
``(A) In general.--The Secretary shall--
``(i) coordinate the research, education,
and technology transfer activities carried out
by grant recipients under this subsection;
``(ii) disseminate the results of that
research through the establishment and
operation of a publicly accessible online
information clearinghouse; and
``(iii) to the extent practicable, support
the deployment and commercial adoption of
effective materials researched or developed
under this subsection to relevant stakeholders.
``(B) Annual review and evaluation.--Not later than
2 years after the date of enactment of this subsection,
and not less frequently than annually thereafter, the
Secretary shall, consistent with the activities in
paragraph (3)--
``(i) review and evaluate the programs
carried out under this subsection by grant
recipients, describing the effectiveness of the
program in identifying materials that capture,
absorb, adsorb, reduce, or sequester greenhouse
gas emissions;
``(ii) submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Environment and Public Works of the Senate a
report describing such review and evaluation;
and
``(iii) make the report in clause (ii)
available to the public on a website.
``(6) Limitation on availability of amounts.--Amounts made
available to carry out this subsection shall remain available
for obligation by the Secretary for a period of 3 years after
the last day of the fiscal year for which the amounts are
authorized.
``(7) Information collection.--Any survey, questionnaire,
or interview that the Secretary determines to be necessary to
carry out reporting requirements relating to any program
assessment or evaluation activity under this subsection,
including customer satisfaction assessments, shall not be
subject to chapter 35 of title 44 (commonly known as the
`Paperwork Reduction Act').
``(8) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) a nonprofit institution of higher education,
as such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001); and
``(B) a State department of transportation.''.
SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC
PLAN.
Section 6503 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``The Secretary'' and
inserting ``For the period of fiscal years 2017 through 2022,
and for each 5-year period thereafter, the Secretary'';
(2) in subsection (c)(1)--
(A) in subparagraph (C) by inserting ``and security
in the transportation system'' after ``safety'';
(B) in subparagraph (D) by inserting ``and the
existing transportation system'' after
``infrastructure'';
(C) in subparagraph (E) by striking ``; and'' and
inserting a semicolon;
(D) by amending subparagraph (F) to read as
follows:
``(F) reducing greenhouse gas emissions; and''; and
(E) by adding at the end the following:
``(G) developing and maintaining a diverse
workforce in transportation sectors;''; and
(3) in subsection (d) by striking ``not later than December
31, 2016,'' and inserting ``not later than December 31,
2022,''.
SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)--
(i) in subparagraph (A) by striking
``research priorities identified in chapter
65.'' and inserting the following: ``following
research priorities:
``(i) Improving the mobility of people and
goods.
``(ii) Reducing congestion.
``(iii) Promoting safety.
``(iv) Improving the durability and
extending the life of transportation
infrastructure and the existing transportation
system.
``(v) Preserving the environment.
``(vi) Reducing greenhouse gas
emissions.''; and
(ii) in subparagraph (B)--
(I) by striking ``Technology and''
and inserting ``Technology,'';
(II) by inserting ``, the
Administrator of the Federal Transit
Administration,'' after ``Federal
Highway Administration''; and
(III) by striking ``and other modal
administrations as appropriate'' and
inserting ``and the Administrators of
other operating administrations, as
appropriate''; and
(B) by adding at the end the following:
``(7) Focused research considerations.--In awarding grants
under this section, the Secretary shall consider how the
program under this section advances research on the
cybersecurity implications of technologies relating to
connected vehicles, connected infrastructure, and automated
vehicles.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year
after the date of enactment of this section,''
and inserting the following:
``(A) Selection of grants.--Not later than 1 year
after the date of enactment of the INVEST in America
Act,''; and
(ii) by adding at the end the following:
``(B) Limitations.--A grant under this subsection
may not include a cooperative agreement described in
section 6305 of title 31.'';
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``5
consortia'' and inserting ``6 consortia'';
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``not
greater than $4,000,000 and not less
than $2,000,000'' and inserting ``not
greater than $4,250,000 and not less
than $2,250,000''; and
(II) in clause (ii) by striking
``section 6503(c)'' and inserting
``subsection (b)(4)(A)'';
(iii) in subparagraph (C) by striking ``100
percent'' and inserting ``50 percent''; and
(iv) by adding at the end the following:
``(D) Requirement.--In awarding grants under this
section, the Secretary shall award 1 grant to a
national consortia for each focus area described in
subsection (b)(4)(A).'';
(C) in paragraph (3)--
(i) in subparagraph (C) by striking ``not
greater than $3,000,000 and not less than
$1,500,000'' and inserting ``not greater than
$3,250,000 and not less than $1,750,000'';
(ii) in subparagraph (D)(i) by striking
``100 percent'' and inserting ``50 percent'';
and
(iii) by striking subparagraph (E); and
(D) in paragraph (4)--
(i) in subparagraph (A) by striking
``greater than $2,000,000 and not less than
$1,000,000'' and inserting ``greater than
$2,250,000 and not less than $1,250,000''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) Consideration.--In awarding grants under this
section, the Secretary shall consider historically
black colleges and universities, as such term is
defined in section 371(a) of the Higher Education Act
of 1965 (20 U.S.C. 1067q), and other minority
institutions, as such term is defined by section 365 of
the Higher Education Act (20 U.S.C. 1067k), or
consortia that include such institutions that have
demonstrated an ability in transportation-related
research.
``(D) Focused research.--
``(i) In general.--In awarding grants under
this section, the Secretary shall select not
less than one grant recipient with each of the
following focus areas:
``(I) Transit.
``(II) Connected and automated
vehicle technology, including
cybersecurity implications of
technologies relating to connected
vehicles, connected infrastructure, and
automated vehicle technology.
``(III) Non-motorized
transportation, including bicycle and
pedestrian safety.
``(IV) The surface transportation
workforce, including--
``(aa) current and future
workforce needs and challenges;
and
``(bb) the impact of
technology on the
transportation sector.
``(V) Climate change mitigation,
including--
``(aa) researching the
types of transportation
projects that are expected to
provide the most significant
greenhouse gas emissions
reductions from the surface
transportation sector; and
``(bb) researching the
types of transportation
projects that are not expected
to provide significant
greenhouse gas emissions
reductions from the surface
transportation sector.
``(ii) Additional grants.--In awarding
grants under this section and after awarding
grants pursuant to clause (i), the Secretary
may award any remaining grants to any grant
recipient based on the criteria described in
subsection (b)(4)(A).'';
(3) in subsection (d)(3) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2023 through
2026'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
``(f) Surplus Amounts.--
``(1) In general.--Amounts made available to the Secretary
to carry out this section that remain unobligated after
awarding grants under subsection (c) shall be made available
under the unsolicited research initiative under section 5506.
``(2) Limitation on amounts.--Amounts under paragraph (1)
shall not exceed $2,000,000 for any given fiscal year.''.
SEC. 5105. UNSOLICITED RESEARCH INITIATIVE.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 5506. Unsolicited research initiative
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish a program
under which an eligible entity may at any time submit unsolicited
research proposals for funding under this section.
``(b) Criteria.--A research proposal submitted under subsection (a)
shall meet the purposes of the Secretary's 5-year transportation
research and development strategic plan described in section
6503(c)(1).
``(c) Applications.--To receive funding under this section,
eligible entities shall submit to the Secretary an application that is
in such form and contains such information as the Secretary may
require.
``(d) Report.--Not later than 18 months after the date of enactment
of this section, and annually thereafter, the Secretary shall make
available to the public on a public website a report on the progress
and findings of the program established under subsection (a).
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section may not exceed 50
percent.
``(2) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity carried
out under this section.
``(f) Funding.--
``(1) In general.--Of the funds made available to carry out
the university transportation centers program under section
5505, $2,000,000 shall be available for each of fiscal years
2023 through 2026 to carry out this section.
``(2) Funding flexibility.--
``(A) In general.--For fiscal years 2023 through
2026, funds made available under paragraph (1) shall
remain available until expended.
``(B) Uncommitted funds.--If the Secretary
determines, at the end of a fiscal year, funds under
paragraph (1) remain unexpended as a result of a lack
of meritorious projects under this section, the
Secretary may, for the following fiscal year, make
remaining funds available under either this section or
under section 5505.
``(g) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a State;
``(2) a unit of local government;
``(3) a transit agency;
``(4) any nonprofit institution of higher education,
including a university transportation center under section
5505; and
``(5) a nonprofit organization.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by inserting after the item relating to
section 5505 the following new item:
``5506. Unsolicited research initiative.''.
SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT TRANSPORTATION
RESEARCH PROGRAM.
(a) In General.--Chapter 702 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 70205. National cooperative multimodal freight transportation
research program
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish and support a
national cooperative multimodal freight transportation research
program.
``(b) Agreement.--Not later than 6 months after the date of
enactment of this section, the Secretary shall seek to enter into an
agreement with the National Academy of Sciences to support and carry
out administrative and management activities relating to the governance
of the national cooperative multimodal freight transportation research
program.
``(c) Advisory Committee.--In carrying out the agreement described
in subsection (b), the National Academy of Sciences shall select a
multimodal freight transportation research advisory committee
consisting of multimodal freight stakeholders, including, at a
minimum--
``(1) a representative of the Department of Transportation;
``(2) representatives of any other Federal agencies
relevant in supporting the nation's multimodal freight
transportation research needs;
``(3) a representative of a State department of
transportation;
``(4) a representative of a local government (other than a
metropolitan planning organization);
``(5) a representative of a metropolitan planning
organization;
``(6) a representative of the trucking industry;
``(7) a representative of the railroad industry;
``(8) a representative of the port industry;
``(9) a representative of logistics industry;
``(10) a representative of shipping industry;
``(11) a representative of a safety advocacy group with
expertise in freight transportation;
``(12) an academic expert on multimodal freight
transportation;
``(13) an academic expert on the contributions of freight
movement to greenhouse gas emissions; and
``(14) representatives of labor organizations representing
workers in freight transportation.
``(d) Elements.--The national cooperative multimodal freight
transportation research program established under this section shall
include the following elements:
``(1) National research agenda.--The advisory committee
under subsection (c), in consultation with interested parties,
shall recommend a national research agenda for the program
established in this section.
``(2) Involvement.--Interested parties may--
``(A) submit research proposals to the advisory
committee;
``(B) participate in merit reviews of research
proposals and peer reviews of research products; and
``(C) receive research results.
``(3) Open competition and peer review of research
proposals.--The National Academy of Sciences may award research
contracts and grants under the program through open competition
and merit review conducted on a regular basis.
``(4) Evaluation of research.--
``(A) Peer review.--Research contracts and grants
under the program may allow peer review of the research
results.
``(B) Programmatic evaluations.--The National
Academy of Sciences shall conduct periodic programmatic
evaluations on a regular basis of research contracts
and grants.
``(5) Dissemination of research findings.--
``(A) In general.--The National Academy of Sciences
shall disseminate research findings to researchers,
practitioners, and decisionmakers, through conferences
and seminars, field demonstrations, workshops, training
programs, presentations, testimony to government
officials, a public website for the National Academy of
Sciences, publications for the general public, and
other appropriate means.
``(B) Report.--Not more than 18 months after the
date of enactment of this section, and annually
thereafter, the Secretary shall make available on a
public website a report that describes the ongoing
research and findings of the program.
``(e) Contents.--The national research agenda under subsection
(d)(1) shall include--
``(1) techniques and tools for estimating and identifying
both quantitative and qualitative public benefits derived from
multimodal freight transportation projects, including--
``(A) greenhouse gas emissions reduction;
``(B) congestion reduction; and
``(C) safety benefits;
``(2) the impact of freight delivery vehicles, including
trucks, railcars, and non-motorized vehicles, on congestion in
urban and rural areas;
``(3) the impact of both centralized and disparate origins
and destinations on freight movement;
``(4) the impacts of increasing freight volumes on
transportation planning, including--
``(A) first-mile and last-mile challenges to
multimodal freight movement;
``(B) multimodal freight travel in both urban and
rural areas; and
``(C) commercial motor vehicle parking and rest
areas;
``(5) the effects of Internet commerce and accelerated
delivery speeds on freight movement and increased commercial
motor vehicle volume, including impacts on--
``(A) safety on public roads;
``(B) congestion in both urban and rural areas;
``(C) first-mile and last-mile challenges and
opportunities;
``(D) the environmental impact of freight
transportation, including on air quality and on
greenhouse gas emissions; and
``(E) vehicle miles-traveled by freight-delivering
vehicles;
``(6) the impacts of technological advancements in freight
movement, including impacts on--
``(A) congestion in both urban and rural areas;
``(B) first-mile and last-mile challenges and
opportunities; and
``(C) vehicle miles-traveled;
``(7) methods and best practices for aligning multimodal
infrastructure improvements with multimodal freight
transportation demand, including improvements to the National
Multimodal Freight Network under section 70103; and
``(8) other research areas to identify and address current,
emerging, and future needs related to multimodal freight
transportation.
``(f) Funding.--
``(1) Federal share.--The Federal share of the cost of an
activity carried out under this section shall be 100 percent.
``(2) Period of availability.--Amounts made available to
carry out this section shall remain available until expended.
``(g) Definition of Greenhouse Gas.--In this section, the term
`greenhouse gas' has the meaning given such term in section 211(o)(1)
of the Clean Air Act (42 U.S.C. 7545(o)(1)).''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code, is amended by adding at the end the following new
item:
``70205. National cooperative multimodal freight transportation
research program.''.
SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND HABITAT
CONNECTIVITY IMPROVEMENT.
(a) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study examining methods to reduce collisions between
motorists and wildlife (referred to in this section as
``wildlife-vehicle collisions'').
(2) Contents.--
(A) Areas of study.--The study required under
paragraph (1) shall--
(i) update and expand on, as appropriate--
(I) the report titled ``Wildlife
Vehicle Collision Reduction Study: 2008
Report to Congress'': and
(II) the document titled ``Wildlife
Vehicle Collision Reduction Study: Best
Practices Manual'' and dated October
2008; and
(ii) include--
(I) an assessment, as of the date
of the study, of--
(aa) the causes of
wildlife-vehicle collisions;
(bb) the impact of
wildlife-vehicle collisions on
motorists and wildlife; and
(cc) the impacts of roads
and traffic on habitat
connectivity for terrestrial
and aquatic species; and
(II) solutions and best practices
for--
(aa) reducing wildlife-
vehicle collisions; and
(bb) improving habitat
connectivity for terrestrial
and aquatic species.
(B) Methods.--In carrying out the study required
under paragraph (1), the Secretary shall--
(i) conduct a thorough review of research
and data relating to--
(I) wildlife-vehicle collisions;
and
(II) habitat fragmentation that
results from transportation
infrastructure;
(ii) survey current practices of the
Department of Transportation and State
departments of transportation to reduce
wildlife-vehicle collisions; and
(iii) consult with--
(I) appropriate experts in the
field of wildlife-vehicle collisions;
and
(II) appropriate experts on the
effects of roads and traffic on habitat
connectivity for terrestrial and
aquatic species.
(3) Report.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
submit to Congress a report on the results of the study
required under paragraph (1).
(B) Contents.--The report required under
subparagraph (A) shall include--
(i) a description of--
(I) the causes of wildlife-vehicle
collisions;
(II) the impacts of wildlife-
vehicle collisions; and
(III) the impacts of roads and
traffic on--
(aa) species listed as
threatened species or
endangered species under the
Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(bb) species identified by
States as species of greatest
conservation need;
(cc) species identified in
State wildlife plans; and
(dd) medium and small
terrestrial and aquatic
species;
(ii) an economic evaluation of the costs
and benefits of installing highway
infrastructure and other measures to mitigate
damage to terrestrial and aquatic species,
including the effect on jobs, property values,
and economic growth to society, adjacent
communities, and landowners;
(iii) recommendations for preventing
wildlife-vehicle collisions, including
recommended best practices, funding resources,
or other recommendations for addressing
wildlife-vehicle collisions; and
(iv) guidance to develop, for each State
that agrees to participate, a voluntary joint
statewide transportation and wildlife action
plan.
(C) Purposes.--The purpose of the guidance
described in subparagraph (B)(iv) shall be--
(i) to address wildlife-vehicle collisions;
and
(ii) to improve habitat connectivity for
terrestrial and aquatic species.
(D) Consultation.--The Secretary shall develop the
guidance described under subparagraph (B)(iv) in
consultation with--
(i) Federal land management agencies;
(ii) State departments of transportation;
(iii) State fish and wildlife agencies; and
(iv) Tribal governments.
(b) Standardization of Wildlife Collision and Carcass Data.--
(1) Standardization methodology.--
(A) In general.--The Secretary of Transportation,
acting through the Administrator of the Federal Highway
Administration, shall develop a quality standardized
methodology for collecting and reporting spatially
accurate wildlife collision and carcass data for the
National Highway System, taking into consideration the
practicability of the methodology with respect to
technology and cost.
(B) Methodology.--In developing the standardized
methodology under subparagraph (A), the Secretary
shall--
(i) survey existing methodologies and
sources of data collection, including the
Fatality Analysis Reporting System, the General
Estimates System of the National Automotive
Sampling System, and the Highway Safety
Information System; and
(ii) to the extent practicable, identify
and correct limitations of such existing
methodologies and sources of data collection.
(C) Consultation.--In developing the standardized
methodology under subparagraph (A), the Secretary shall
consult with--
(i) the Secretary of the Interior;
(ii) the Secretary of Agriculture, acting
through the Chief of the Forest Service;
(iii) Tribal, State, and local
transportation and wildlife authorities;
(iv) metropolitan planning organizations
(as such term is defined in section 134(b) of
title 23, United States Code);
(v) members of the American Association of
State Highway and Transportation Officials;
(vi) members of the Association of Fish and
Wildlife Agencies;
(vii) experts in the field of wildlife-
vehicle collisions;
(viii) nongovernmental organizations; and
(ix) other interested stakeholders, as
appropriate.
(2) Standardized national data system with voluntary
template implementation.--The Secretary shall--
(A) develop a template for State implementation of
a standardized national wildlife collision and carcass
data system for the National Highway System that is
based on the standardized methodology developed under
paragraph (1); and
(B) encourage the voluntary implementation of the
template developed under subparagraph (A) for States,
metropolitan planning organizations, and additional
relevant transportation stakeholders.
(3) Reports.--
(A) Methodology.--The Secretary shall submit to
Congress a report describing the development of the
standardized methodology required under paragraph (1)
not later than--
(i) the date that is 18 months after the
date of enactment of this Act; and
(ii) the date that is 180 days after the
date on which the Secretary completes the
development of such standardized methodology.
(B) Implementation.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall
submit to Congress a report describing--
(i) the status of the voluntary
implementation of the standardized methodology
developed under paragraph (1) and the template
developed under paragraph (2)(A);
(ii) whether the implementation of the
standardized methodology developed under
paragraph (1) and the template developed under
paragraph (2)(A) has impacted efforts by
States, units of local government, and other
entities--
(I) to reduce the number of
wildlife-vehicle collisions; and
(II) to improve habitat
connectivity;
(iii) the degree of the impact described in
clause (ii); and
(iv) the recommendations of the Secretary,
including recommendations for further study
aimed at reducing motorist collisions involving
wildlife and improving habitat connectivity for
terrestrial and aquatic species on the National
Highway System, if any.
(c) National Threshold Guidance.--The Secretary of Transportation
shall--
(1) establish guidance, to be carried out by States on a
voluntary basis, that contains a threshold for determining
whether a highway shall be evaluated for potential mitigation
measures to reduce wildlife-vehicle collisions and increase
habitat connectivity for terrestrial and aquatic species,
taking into consideration--
(A) the number of wildlife-vehicle collisions on
the highway that pose a human safety risk;
(B) highway-related mortality and effects of
traffic on the highway on--
(i) species listed as endangered species or
threatened species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(ii) species identified by a State as
species of greatest conservation need;
(iii) species identified in State wildlife
plans; and
(iv) medium and small terrestrial and
aquatic species; and
(C) habitat connectivity values for terrestrial and
aquatic species and the barrier effect of the highway
on the movements and migrations of those species.
(d) Workforce Development and Technical Training.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall, based on the study
conducted under subsection (a), develop a series of in-person
and online workforce development and technical training
courses--
(A) to reduce wildlife-vehicle collisions; and
(B) to improve habitat connectivity for terrestrial
and aquatic species.
(2) Availability.--The Secretary shall--
(A) make the series of courses developed under
paragraph (1) available for transportation and fish and
wildlife professionals; and
(B) update the series of courses not less
frequently than once every 2 years.
(e) Wildlife Habitat Connectivity and National Bridge and Tunnel
Inventory and Inspection Standards.--Section 144 of title 23, United
States Code, is amended in subsection (a)(2)--
(1) in subparagraph (B) by inserting ``, resilience,''
after ``safety'';
(2) in subparagraph (D) by striking ``and'' at the end;
(3) in subparagraph (E) by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(F) to ensure adequate passage of aquatic and
terrestrial species, where appropriate.'';
SEC. 5108. RESEARCH ACTIVITIES.
Section 330(g) of title 49, United States Code, is amended by
striking ``each of fiscal years 2016 through 2020'' and inserting
``each of fiscal years 2023 through 2026''.
SEC. 5109. TRANSPORTATION EQUITY RESEARCH PROGRAM.
(a) In General.--The Secretary of Transportation shall carry out a
transportation equity research program for research and demonstration
activities that focus on the impacts that surface transportation
planning, investment, and operations have on low-income populations,
minority populations, and other underserved populations that may be
dependent on public transportation. Such activities shall include
research on surface transportation equity issues, the development of
strategies to advance economic and community development in public
transportation-dependent populations, and the development of training
programs that promote the employment of low-income populations,
minority populations, and other underserved populations on Federal-aid
transportation projects constructed in their communities.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000 for each of fiscal
years 2023 through 2026.
(c) Availability of Amounts.--Amounts made available to the
Secretary to carry out this section shall remain available for a period
of 3 years beginning after the last day of the fiscal year for which
the amounts are authorized.
(d) Application of Chapter 35 of Title 44.--Any survey,
questionnaire, or interview that the Secretary determines to be
necessary to carry out the reporting or research requirements relating
to this section, including customer satisfaction assessments, shall not
be subject to chapter 35 of title 44, United States Code.
SEC. 5110. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND
TECHNOLOGY.
Section 502(b)(3)(C) of title 23, United States Code, is amended by
inserting ``entities that represent the needs of metropolitan planning
organizations,'' after ``Officials,''.
SEC. 5111. METROPOLITAN PLANNING RESEARCH PILOT PROGRAM.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall seek to
enter into an agreement with a nonprofit nongovernmental entity that
exclusively serves the needs and interests of metropolitan planning
organizations to establish a pilot program to provide awards to
eligible entities to carry out eligible activities to enhance and
improve metropolitan planning practices in surface transportation.
(b) Goals.--The goals of the pilot program established under this
section include--
(1) enhancing metropolitan planning practices in surface
transportation;
(2) improving the ability of metropolitan planning
organizations to meet performance measures and targets under
section 150 of title 23, United States Code;
(3) preparing for the impact that emerging technologies,
such as connected and automated vehicles, will have on the
metropolitan planning process;
(4) improving environmental considerations in the
metropolitan planning process;
(5) reducing greenhouse gas emissions and limiting the
effects of climate change;
(6) improving access to jobs and services;
(7) supporting underserved communities; and
(8) expanding the ability of metropolitan planning
organizations to collect public input and strengthen community
engagement.
(c) Forms of Assistance.--An award provided under this section may
be in the form of a grant, contract, or cooperative agreement.
(d) Competitive Selection Process.--
(1) Applications.--To be eligible to receive an award under
this section, an eligible entity shall submit to the Secretary
an application in such form and containing such information as
the Secretary may require.
(2) Selection criteria.--The Secretary may provide awards
under this section to any eligible entity based on the
demonstrated ability of the entity to fulfill the goals
described under subsection (b) and carry out eligible
activities.
(e) Transparency.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
describing the selection process for providing an award under this
section and the results of activities carried out under this section.
(f) Definitions.--In this section:
(1) Eligible activity.--The term ``eligible activity''
means--
(A) carrying out research to improve metropolitan
planning practices;
(B) developing new metropolitan planning tools;
(C) improving existing metropolitan planning tools
and practices; or
(D) any other research activities the Secretary
determines to be appropriate, consistent with the goals
under subsection (b).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a metropolitan planning organization designated
under section 134(d) of title 23, United States Code;
(B) a metropolitan planning organization working in
partnership with a nonprofit organization;
(C) a metropolitan planning organization working in
partnership with a county; or
(D) a group of entities described under
subparagraphs (A) through (C).
(g) Federal Share.--The Federal share of the cost of an activity
carried out using an award under this section shall be 100 percent.
(h) Authorization of Appropriations.--
(1) In general.--From the amounts made available to carry
out section 503(b) of title 23, United States Code, for each of
fiscal years 2023 through 2026, the Secretary may expend
$1,000,000 to carry out this section.
(2) Administrative expenses.--Of the amounts made available
under paragraph (1), the Secretary may use up to 5 percent of
such funds for administrative expenses.
(i) Information Collection.--Any survey, questionnaire, or
interview that the Secretary determines to be necessary to carry out
reporting requirements relating to any program assessment or evaluation
activity under this section, including customer satisfaction
assessments, shall not be subject to chapter 35 of title 44, United
States Code (commonly known as the ``Paperwork Reduction Act'').
SEC. 5112. INTEGRATED PROJECT DELIVERY.
(a) In General.--The Secretary of Transportation shall seek to
enter into an agreement with the National Academy of Sciences to
support and carry out a study of the effectiveness of integrated
project delivery in delivering large infrastructure projects.
(b) Contents.--
(1) Areas of study.--The study shall--
(A) identify best practices for surface
transportation project delivery with a focus on
delivery of large or complex projects;
(B) determine whether there are any regulatory
requirements that limit the use of integrated project
delivery and the purpose of such regulations; and
(C) analyze the effectiveness of integrated project
delivery compared to traditional project delivery
methods, including an analysis of outcomes related to
safety, cost effectiveness, environmental impacts, and
on-time project delivery.
(2) Methods.--In carrying out the study, the National
Academy of Sciences shall consult with entities with experience
managing, administering, or implementing integrated project
delivery projects.
(c) Report.--Not later than 1 year after the completion of the
study under subsection (a), the Secretary shall publish a report on the
results of the study under this section.
SEC. 5113. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF ADVANCED
DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.
Section 503(c) of title 23, United States Code, is amended by
adding at the end the following:
``(5) Accelerated implementation and deployment of advanced
digital construction management systems.--
``(A) In general.--The Secretary shall, to the
extent practicable, under the technology and innovation
deployment program goals established under paragraph
(1), promote, support, and document the application of
advanced digital construction management systems,
practices, performance, and benefits.
``(B) Goals.--The goals of promoting the
accelerated implementation and deployment of advanced
digital construction management systems established
under subparagraph (A) shall include--
``(i) accelerated State and local
government adoption of advanced digital
construction management systems applied
throughout the project delivery process
(including through the design and engineering,
construction, and operations phases) that--
``(I) maximize interoperability
with other systems, products, tools, or
applications;
``(II) boost productivity;
``(III) manage complexity and risk;
``(IV) reduce project delays and
cost overruns;
``(V) enhance safety and quality;
and
``(VI) support sustainable design
and construction;
``(ii) more timely and productive
information-sharing among stakeholders through
digital collaboration platforms that connect
workflows, teams, and data and reduced reliance
on paper to manage construction processes and
deliverables;
``(iii) deployment of digital management
systems that enable and leverage the use of
digital technologies on construction sites by
contractors;
``(iv) the development and deployment of
best practices for use in digital construction
management;
``(v) increased technology adoption and
deployment by States and units of local
government that enables project sponsors--
``(I) to integrate the adoption of
digital management systems and
technologies in contracts; and
``(II) to weigh the cost of
digitization and technology in setting
project budgets;
``(vi) technology training and workforce
development to build the capabilities of
project managers and sponsors that enables
States and units of local government--
``(I) to better manage projects
using advance digital construction
management technologies; and
``(II) to properly measure and
reward technology adoption across
projects of the State or unit of local
government;
``(vii) development of guidance to assist
States in updating regulations of the State to
allow project sponsors and contractors--
``(I) to report data relating to
the project in digital formats; and
``(II) to fully capture the
efficiencies and benefits of advanced
digital construction management systems
and related technologies;
``(viii) reduction in the environmental
footprint of construction projects using
advanced digital construction management
systems resulting from elimination of
congestion through more efficient projects;
``(ix) development of more sustainable
infrastructure that is designed to be more
resilient to climate impacts, constructed with
less material waste and made with more low-
emissions construction materials; and
``(x) enhanced worker and pedestrian safety
resulting from increased transparency.''.
SEC. 5114. INNOVATIVE MATERIAL INNOVATION HUBS.
(a) Establishment.--
(1) In general.--The Secretary of Transportation shall
carry out a program to enhance the development of innovative
materials in the United States by making awards to consortia
for establishing and operating Hubs (to be known as
``Innovative Material Innovation Hubs'') to conduct and support
multidisciplinary, collaborative research, development,
demonstration, standardized design development, and commercial
application of innovative materials.
(2) Coordination.--The Secretary shall ensure the
coordination of, and avoid duplication of, the activities of
each Hub with the activities of--
(A) other research entities of the Department of
Transportation, including the Federal Highway
Administration; and
(B) research entities of other Federal agencies, as
appropriate.
(b) Competitive Selection Process.--
(1) Eligibility.--To be eligible to receive an award for
the establishment and operation of a Hub under subsection
(a)(1), a consortium shall--
(A) be composed of not fewer than two qualifying
entities;
(B) operate subject to a binding agreement, entered
into by each member of the consortium, that documents--
(i) the proposed partnership agreement,
including the governance and management
structure of the Hub;
(ii) measures the consortium will undertake
to enable cost-effective implementation of
activities under the program described in
subsection (a)(1); and
(iii) a proposed budget, including
financial contributions from non-Federal
sources; and
(C) operate as a nonprofit organization.
(2) Application.--
(A) In general.--A consortium seeking to establish
and operate a Hub under subsection (a)(1) shall submit
to the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require, including a detailed description
of--
(i) each element of the consortium
agreement required under paragraph (1)(B); and
(ii) any existing facilities the consortium
intends to use for Hub activities.
(B) Requirement.--If the consortium members will
not be located at 1 centralized location, the
application under subparagraph (A) shall include a
communications plan that ensures close coordination and
integration of Hub activities.
(3) Selection.--
(A) In general.--The Secretary shall select
consortia for awards for the establishment and
operation of Hubs through a competitive selection
process.
(B) Considerations.--In selecting consortia under
subparagraph (A), the Secretary shall consider--
(i) any existing facilities a consortium
has identified to be used for Hub activities;
(ii) maintaining geographic diversity in
locations of selected Hubs;
(iii) the demonstrated ability of the
recipient to conduct and support
multidisciplinary, collaborative research,
development, demonstration, standardized design
development, and commercial application of
innovative materials;
(iv) the demonstrated research, technology
transfer, and education resources available to
the recipient to carry out this section;
(v) the ability of the recipient to provide
leadership in solving immediate and long-range
national and regional transportation problems
related to innovative materials;
(vi) the demonstrated ability of the
recipient to disseminate results and spur the
implementation of transportation research and
education programs through national or
statewide continuing education programs;
(vii) the demonstrated commitment of the
recipient to the use of peer review principles
and other research best practices in the
selection, management, and dissemination of
research projects;
(viii) the performance metrics to be used
in assessing the performance of the recipient
in meeting the stated research, technology
transfer, education, and outreach goals; and
(ix) the ability of the recipient to
implement the proposed program in a cost-
efficient manner, including through cost
sharing and overall reduced overhead,
facilities, and administrative costs.
(4) Transparency.--
(A) In general.--The Secretary shall provide to
each applicant, upon request, any materials used in the
evaluation process of the proposal of the applicant,
including copies of reviews (with any information that
would identify a reviewer redacted), used in the
evaluation process of the proposal of the applicant.
(B) Reports.--The Secretary shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Environment and Public Works of the Senate a report
describing the overall review process under paragraph
(2), given the considerations under paragraph (3), that
includes--
(i) specific criteria of evaluation used in
the review;
(ii) descriptions of the review process;
and
(iii) explanations of the selected awards.
(c) Funds.--
(1) Authorization.--There is authorized to be appropriated
to carry out this section such sums as may be necessary and
such sums shall remain available for a period of 3 years after
the last day of the fiscal year in which such sums were made
available.
(2) Matching requirement.--As a condition of receiving an
award under this section, an award recipient shall match 50
percent of the amounts made available under the award.
(d) Hub Operations.--
(1) In general.--Each Hub shall conduct, or provide for,
multidisciplinary, collaborative research, development,
demonstration, and commercial application of innovative
materials.
(2) Activities.--Each Hub shall--
(A) encourage collaboration and communication among
the member qualifying entities of the consortium, as
described in subsection (b)(1), and awardees;
(B) develop and publish proposed plans and programs
on a publicly accessible website;
(C) submit to the Department of Transportation an
annual report summarizing the activities of the Hub,
including information--
(i) detailing organizational expenditures;
and
(ii) describing each project undertaken by
the Hub, as it relates to conducting and
supporting multidisciplinary, collaborative
research, development, demonstration,
standardized design development, and commercial
application of innovative materials; and
(D) monitor project implementation and
coordination.
(3) Conflicts of interest.--Each Hub shall maintain
conflict of interest procedures, consistent with the conflict
of interest procedures of the Department of Transportation.
(4) Prohibition on construction and renovation.--
(A) In general.--No funds provided under this
section may be used for construction or renovation of
new buildings, test beds, or additional facilities for
Hubs.
(B) Non-federal share.--Construction of new
buildings or facilities shall not be considered as part
of the non-Federal share of a Hub cost-sharing
agreement.
(e) Applicability.--The Secretary shall administer this section in
accordance with section 330 of title 49, United States Code.
(f) Definitions.--In this section:
(1) Hub.--The term ``Hub'' means an Innovative Material
Innovation Hub established under this section.
(2) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education (as such
term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)));
(B) an appropriate Federal or State entity,
including a federally funded research and development
center of the Department of Transportation;
(C) a university transportation center under
section 5505 of title 49, United States Code; and
(D) a research and development entity in existence
on the date of enactment of this Act focused on
innovative materials that the Secretary determines to
be similar in scope and intent to a Hub under this
section.
(3) Innovative material.--The term ``innovative material''
means materials or combinations and processes for use of
materials with respect to a surface transportation
infrastructure project that enhance the overall service life,
sustainability, and resiliency of the project or provide
ancillary benefits relative to widely adopted state of practice
technologies, as determined by the Secretary.
SEC. 5115. STRATEGIC TRANSPORTATION RESEARCH AGENDA.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, as amended, is further amended by adding at the end the
following:
``Sec. 5507. Strategic transportation research agenda
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall enter into an agreement
with the National Academies to undertake a study of the research needs
of the surface transportation system to fully adapt and integrate
advanced technologies and innovation. The focus areas of the study
shall include--
``(1) connected technologies, autonomous technologies, or
both;
``(2) incorporating safety-related technologies;
``(3) addressing infrastructure resiliency;
``(4) the impact of advanced transportation technologies on
safety and mobility;
``(5) multimodal connectivity;
``(6) data gathering methods to understand travel behavior,
including the public's short and long-term responses to
transformational technologies;
``(7) impacts of private-sector transportation product
development on society and the traditional research programs;
``(8) support for a public-sector culture of transportation
innovation and acceleration of federally funded research into
practice, codes, and standards; and
``(9) fostering development of transportation educators and
transportation professionals.
``(b) Report.--The agreement entered into under this section shall
require the National Academies to submit to Congress a report
containing the results of the study not later than 2 years after the
date of enactment of this section.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000 for fiscal year
2023.''.
(b) Conforming Amendment.--The analysis for chapter 55 of title 49,
United States Code, is further amended by adding at the end the
following:
``5507. Strategic transportation research agenda.''.
SEC. 5116. ADVANCED TRANSPORTATION RESEARCH AND INNOVATION PROGRAM.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 5508. Advanced transportation research and innovation program
``(a) Establishment.--The Secretary of Transportation shall
establish an advanced transportation research and innovation program,
to be administered by the Assistant Secretary of Research and
Technology, to--
``(1) support research that addresses the long-term
barriers to development of advanced transportation technologies
with the potential to meet the Nation's long-term safety,
competitiveness, and transportation goals;
``(2) support high-risk research and development to
accelerate transformational transportation innovations and
emerging technology development;
``(3) advance research and development that improves the
resilience of regions of the United States to natural
disasters, extreme weather, and the effects of climate change
on modal and multimodal transportation and infrastructure;
``(4) leverage Federal interagency research mechanisms and
the academic research enterprise;
``(5) educate and train students in science, technology,
engineering, and mathematics fields to conduct research and
standards development relevant to transportation technologies,
materials, systems, operations, processes, and policies; and
``(6) foster collaboration among federal researchers and
academic researchers.
``(b) Collaboration.--
``(1) Interagency collaboration.--In carrying out this
section, the Secretary shall collaborate on, identify, and
disseminate within the Department, as appropriate, advanced
transportation research, development, and other activities of
other Federal agencies, including the Office of Science and
Technology Policy, the National Science Foundation, the
Department of Energy, the National Institute of Standards and
Technology, the Department of Homeland Security, the National
Aeronautics and Space Administration, the National Oceanic and
Atmospheric Administration, and the Department of Defense to
ensure the Department's research investments are making the
best possible contribution to the Nation's long-term safety,
competitiveness, and transportation goals.
``(2) Non-governmental collaboration.--In carrying out this
section, the Secretary shall collaborate with labor
organizations, as appropriate.
``(c) Research Grants.--In carrying out this section, the Secretary
may carry out the activities described under subsection (a) through--
``(1) competitive, merit-based basic research grants to
individual investigators and teams of investigators; and
``(2) centers of excellence selected through a competitive,
merit-based process.
``(d) Application.--
``(1) In general.--An investigator, team of investigators,
or an institution of higher education (or consortium thereof)
seeking funding under this section shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
``(2) Research centers.--Each application under paragraph
(1) from an institution of higher education (or consortium
thereof) shall include a description of how the Center will
promote multidisciplinary transportation research and
development collaboration.
``(e) Research.--At a minimum, the Secretary shall award 75 percent
of awards under this program to projects for basic research.
``(f) Review.--Not later than September 30, 2025, the Secretary
shall enter into an agreement with the National Academies to conduct a
review of the research and activities carried out under this program
and assess whether such activities are consistent with subsection (a).
Members of the review panel shall represent, at a minimum, multimodal
surface transportation researchers and practitioners.
``(g) Report.--Not later than 1 year after the date of enactment of
the INVEST in America Act, and biennially thereafter, the Secretary
shall provide to the Committee on Commerce, Science, and Transportation
and Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science, Space,
and Technology of the House of Representatives a report on
implementation of the program under this section and research areas
that the program will support.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2023 through 2026.''.
(b) Conforming Amendment.--The analysis for chapter 55 of title 49,
United States Code, is further amended by adding at the end the
following:
``5508. Advanced transportation research and innovation program.''.
SEC. 5117. INTERAGENCY INNOVATIVE MATERIALS STANDARDS TASK FORCE.
(a) Purposes.--The purposes of this section shall be--
(1) to encourage the research, design, and use of
innovative materials, in concert with traditional materials,
and associated techniques in the construction and preservation
of the domestic infrastructure network;
(2) to accelerate the deployment and extend the service
life, improve the performance, and reduce the cost of
infrastructure projects; and
(3) to improve the economy, resilience, maintainability,
sustainability, and safety of the domestic infrastructure
network.
(b) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the National Institute
of Standards and Technology shall establish an Interagency
innovative materials standards task force (referred to in this
section as the ``Task Force'') composed of the heads of Federal
agencies responsible for significant civil infrastructure
projects, including the Administrator of the Federal Highway
Administration.
(2) Chairperson.--The Director of the National Institute of
Standards and Technology shall serve as Chairperson of the Task
Force.
(c) Duties.--The Task Force shall coordinate and improve, with
respect to infrastructure construction, retrofitting, rehabilitation,
and other improvements--
(1) Federal testing standards;
(2) Federal design and use guidelines;
(3) Federal regulations; and
(4) other applicable standards and performance and
sustainability metrics.
(d) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Task Force shall conduct, and submit
to the appropriate committees of Congress a report that
describes the results of, a study--
(A) to assess the standards and performance metrics
for the use of innovative materials in infrastructure
projects;
(B) to identify any barriers, regulatory or
otherwise, relating to the standards described in
subparagraph (A) that preclude the use of certain
products or associated techniques; and
(C) to identify opportunities for the development
of standardized designs and materials genome approaches
that design and use innovative materials to reduce
costs, improve performance and sustainability, and
extend the service life of infrastructure assets.
(2) Report.--The report under paragraph (1) shall--
(A) identify any non-Federal entities or other
organizations, including the American Association of
State Highway and Transportation Officials, that
develop relevant standards; and
(B) outline a strategy to improve coordination and
information sharing between the entities described in
subparagraph (A) and any relevant Federal agencies.
(e) Improved Coordination.--Not later than 2 years after the date
of enactment of this Act, the Task Force shall collaborate with any
non-Federal entity identified under subsection (d)(2)(A)--
(1) to identify and carry out appropriate research, testing
methods, and processes relating to the development and use of
innovative materials;
(2) to develop new methods and processes relating to the
development and use of innovative materials, as the applicable
agency head determines to be necessary;
(3) to contribute to the development of standards,
performance metrics, and guidelines for the use of innovative
materials and approaches in civil infrastructure projects;
(4) to develop a plan for addressing potential barriers,
regulatory or otherwise, identified in subsection (d)(1)(B);
and
(5) to develop a plan for the development of standardized
designs that use innovative materials to reduce costs, improve
performance and sustainability, and extend the service life of
infrastructure assets.
(f) Innovative Material Defined.--In this section, the term
``innovative material'', with respect to an infrastructure project,
includes those materials or combinations and processes for use of
materials that enhance the overall service life, sustainability, and
resiliency of the project or provide ancillary benefits relative to
widely adopted state of practice technologies, as determined by the
appropriate Secretary or agency head.
SEC. 5118. VEHICULAR DATA ANALYTICS PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall establish a
pilot program for the purpose of integrating vehicle on-board sensor
data with public and private data sets in existence as of the date of
the enactment of this Act to improve safety, operations, cost
reduction, and congestion relief strategies for local and State
transportation authorities and private sector partners.
(b) Award.--In carrying out the pilot program under subsection (a),
the Secretary shall make 1 or more awards to an institution of higher
education or a nonprofit research organization (or a consortium
thereof).
(c) Partnership.--The Secretary shall require a recipient of an
award under subsection (b) to seek to partner with private sector
organizations and local and State transportation authorities to
facilitate--
(1) access to vehicle on-board sensor data; and
(2) the sharing of information regarding operational needs
and research and development priorities from such organizations
or authorities to such recipient.
(d) Activities.--The activities of the pilot program shall
include--
(1) development of strategies for the acquisition,
management, and analysis of large scale vehicular on-board
sensor data to ensure the privacy and security of such data;
(2) research and development to analyze and integrate
vehicle on-board sensor data with public and private data sets
in existence as of the date of enactment of this Act, including
development of applications to address safety, operations, cost
reduction, congestion mitigation, and other transportation
challenges; and
(3) research and development to identify solutions that use
on board sensor data for vehicle safety purposes, such as--
(A) identifying when a vehicle has either entered
or passed an exit ramp traveling in a direction
opposing the legal flow of traffic;
(B) employing vehicle-to-infrastructure (VI2)
communications in combination with onboard sensor data
to enhance roadway safety; and
(C) developing applications to notify at-risk
drivers and law enforcement agencies of a wrong way
driver in the area.
(e) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Science, Space, and Technology and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce and Transportation of the Senate a report detailing--
(1) a summary of the activities of the pilot program under
subsection (a); and
(2) recommendations for continuing such pilot program or
integrating such pilot program into the activities of the
Department of Transportation.
(f) Protections.--In carrying out this section, the Secretary shall
apply all applicable privacy protections of the Department of
Transportation.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the activities of this section $4,000,000 for
each of fiscal years 2023 and 2024.
SEC. 5119. RESILIENT TRANSPORTATION INFRASTRUCTURE CENTERS OF
EXCELLENCE.
(a) Centers of Excellence.--The Secretary of Transportation shall
award grants to establish 5 Centers of Excellence to advance research
and development that improves the resilience of regions of the United
States to natural disasters, extreme weather, and the effects of
climate change on surface transportation infrastructure.
(b) Activities.--In carrying out this section, the Secretary shall
ensure the Centers promote resilient surface transportation
infrastructure through--
(1) supporting the research and development of design,
operations, and maintenance standards relevant to surface
transportation that consider existing and anticipated impacts
of natural disasters, extreme weather, and climate change;
(2) research, development, and technology transfer of
resilient materials and technologies into existing and future
surface transportation infrastructure; and
(3) development and dissemination of tools, techniques, and
information that informs federal, state, and local government
decision-making, policies, planning, and investments.
(c) Center Coordination.--
(1) In general.--The Secretary shall--
(A) coordinate activities of all five Centers to
prevent duplication; and
(B) promote dissemination of research among
awardees.
(2) Program evaluation and oversight.--The Secretary may
expend not more than 1 and a half percent of the amounts made
available to the Secretary to carry out this section for any
coordination, evaluation, and oversight activities, of the
Secretary under this Section.
(d) Eligibility.--An institution of higher education, as defined by
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), or a
consortium of institutions of higher education shall be eligible to
receive grants under this program.
(e) Competitive Selection Process.--
(1) Applications.--To receive a grant under this section,
an eligible entity shall submit to the Secretary an application
that is in such form and contains such information as the
Secretary may require.
(2) Restriction.--A recipient may only receive 1 grant per
fiscal year under this section.
(3) Selection criteria.--In awarding a grant under this
section, the Secretary shall--
(A) give preference to the applicant's past
performance in the activities under subsection (b);
(B) consider the extent to which an applicant's
proposal would involve participation by local,
regional, and national stakeholders; and
(C) consider the local, regional, and national
impacts of the applicant's proposal.
(4) Location.--In awarding a grant under this section, the
Secretary shall select centers located in diverse geographic
regions that represent a variety of experiences with natural
disasters, extreme weather patterns, and climate change
impacts.
(f) Federal Share.--As a condition of receiving an award under this
section, an award recipient shall match 50 percent of the amounts made
available under the award.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as necessary for grants under this
section.
(2) Limitation on availability of amounts.--Amounts made
available to the Secretary to carry out this section shall
remain available for obligation by the Secretary for a period
of 3 years after the last day of the fiscal year for which the
amounts are authorized.
(h) Reporting.--In general, on a biannual basis, the Secretary
shall--
(1) review and evaluate the programs carried out under this
section by grant recipients; and
(2) submit to the Committees on Transportation and
Infrastructure and Science, Space, and Technology of the House
of Representatives and the Committees on Environment and Public
Works and Commerce, Science, and Transportation of the Senate a
report describing that review and evaluation.
(i) Information Collection.--Any survey, questionnaire, or
interview that the Secretary determines to be necessary to carry out
reporting requirements relating to any program assessment or evaluation
activity under this section, including customer satisfaction
assessments, shall not be subject to chapter 35 of title 44, United
States Code.
Subtitle B--Technology Deployment
SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.
Section 503(c) of title 23, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by inserting ``, while
considering the impacts on jobs'' after
``transportation community'';
(B) in subparagraph (D) by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (E) by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(F) reducing greenhouse gas emissions and
limiting the effects of climate change.''; and
(2) in paragraph (2)(A) by striking the period and
inserting ``and findings from the materials to reduce
greenhouse gas emissions program under subsection (d).''.
SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF PAVEMENT
TECHNOLOGIES.
Section 503(c)(3) of title 23, United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (v) by striking ``; and'' and
inserting a semicolon;
(B) in clause (vi) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(vii) the deployment of innovative
pavement designs, materials, and practices that
reduce or sequester the amount of greenhouse
gas emissions generated during the production
of highway materials and the construction of
highways, with consideration for findings from
the materials to reduce greenhouse gas
emissions program under subsection (d).'';
(2) in subparagraph (C) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2023 through
2026''; and
(3) in subparagraph (D)(ii)--
(A) in subclause (III) by striking ``; and'' and
inserting a semicolon;
(B) in subclause (IV) by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(V) pavement monitoring and data
collection practices;
``(VI) pavement durability and
resilience;
``(VII) stormwater management;
``(VIII) impacts on vehicle
efficiency;
``(IX) the energy efficiency of the
production of paving materials and the
ability of paving materials to enhance
the environment and promote
sustainability;
``(X) integration of renewable
energy in pavement designs; and
``(XI) greenhouse gas emissions
reduction, including findings from the
materials to reduce greenhouse gas
emissions program under subsection
(d).''.
SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY DAY COUNTS INITIATIVE.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 520. Every Day Counts initiative
``(a) In General.--It is in the national interest for the
Department of Transportation, State departments of transportation, and
all other recipients of Federal surface transportation funds--
``(1) to identify, accelerate, and deploy innovation aimed
at expediting project delivery;
``(2) enhancing the safety of the roadways of the United
States, and protecting the environment;
``(3) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is done
in an efficient and effective manner;
``(4) to promote the rapid deployment of proven solutions
that provide greater accountability for public investments and
encourage greater private sector involvement; and
``(5) to create a culture of innovation within the highway
community.
``(b) Every Day Counts Initiative.--To advance the policy described
in subsection (a), the Administrator of the Federal Highway
Administration shall continue the Every Day Counts initiative to work
with States, local transportation agencies, all other recipients of
Federal surface transportation funds, and industry stakeholders,
including labor representatives, to identify and deploy proven
innovative practices and products that--
``(1) accelerate innovation deployment;
``(2) expedite the project delivery process;
``(3) improve environmental sustainability;
``(4) enhance roadway safety;
``(5) reduce congestion; and
``(6) reduce greenhouse gas emissions.
``(c) Considerations.--In carrying out the Every Day Counts
initiative, the Administrator shall consider any innovative practices
and products in accordance with subsections (a) and (b), including--
``(1) research results from the university transportation
centers program under section 5505 of title 49; and
``(2) results from the materials to reduce greenhouse gas
emissions program in section 503(d).
``(d) Innovation Deployment.--
``(1) In general.--At least every 2 years, the
Administrator shall work collaboratively with stakeholders to
identify a new collection of innovations, best practices, and
data to be deployed to highway stakeholders through case
studies, outreach, and demonstration projects.
``(2) Requirements.--In identifying a collection described
in paragraph (1), the Secretary shall take into account market
readiness, impacts, benefits, and ease of adoption of the
innovation or practice.
``(e) Publication.--Each collection identified under subsection (d)
shall be published by the Administrator on a publicly available
website.
``(f) Funding.--The Secretary may use funds made available to carry
out section 503(c) to carry out this section.
``(g) Rule of Construction.--Nothing in this section may be
construed to allow the Secretary to waive any requirement under any
other provision of Federal law.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding at the end the following new
item:
``520. Every Day Counts initiative.''.
(c) Repeal.--Section 1444 of the FAST Act (23 U.S.C. 101 note), and
the item related to such section in the table of contents in section
1(b) of such Act, are repealed.
Subtitle C--Emerging Technologies
SEC. 5301. MOBILITY THROUGH ADVANCED TECHNOLOGIES.
Section 503(c)(4) of title 23, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``Not later than 6 months after the
date of enactment of this paragraph, the'' and
inserting ``The'';
(B) by striking ``establish an advanced
transportation and congestion management technologies
deployment'' and inserting ``establish a mobility
through advanced technologies'';
(C) by inserting ``mobility,'' before
``efficiency,''; and
(D) by inserting ``environmental impacts,'' after
``system performance,'';
(2) in subparagraph (B)--
(A) by striking clause (i) and inserting the
following:
``(i) reduce costs, improve return on
investments, and improve person throughput and
mobility, including through the optimization of
existing transportation capacity;'';
(B) in clause (iv) by inserting ``bicyclist, and''
before ``pedestrian'';
(C) in clause (vii)--
(i) by inserting ``increasing job
opportunities,'' after ``performance,''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(D) in clause (viii)--
(i) by striking ``accelerate the
deployment'' and inserting ``prepare for the
safe deployment''; and
(ii) by striking the period and inserting
``; or''; and
(E) by adding at the end the following:
``(ix) reduce greenhouse gas emissions and
limit the effects of climate change.'';
(3) in subparagraph (C)--
(A) in clause (ii)--
(i) in subclause (II)(aa) by striking
``congestion'' and inserting ``congestion and
delays, greenhouse gas emissions'';
(ii) in subclause (III) by inserting
``economic,'' after ``mobility,''; and
(iii) in subclause (IV) by inserting
``organizations representing the surface
transportation workforce,'' after ``leaders,'';
and
(B) by adding at the end the following:
``(iii) Considerations.--An application
submitted under this paragraph may include a
description of how the proposed project would
support the national goals described in section
150(b), the achievement of metropolitan and
statewide targets established under section
150(d), or the improvement of transportation
system access consistent with section 150(f),
including through--
``(I) the congestion and on-road
mobile-source emissions performance
measures established under section
150(c)(5); or
``(II) the greenhouse gas emissions
performance measures established under
section 150(c)(7).'';
(4) in subparagraph (D) by adding at the end the following:
``(iv) Prioritization.--In awarding a grant
under this paragraph, the Secretary shall
prioritize projects that, in accordance with
the criteria described in subparagraph (B)--
``(I) improve person throughput and
mobility, including through the
optimization of existing transportation
capacity;
``(II) deliver environmental
benefits;
``(III) reduce the number and
severity of traffic crashes and
increase driver, passenger, bicyclist,
and pedestrian safety; or
``(IV) reduce greenhouse gas
emissions and limit the effects of
climate change.
``(v) Grant distribution.--In each fiscal
year, the Secretary shall award not fewer than
3 grants under this paragraph based on the
potential of the project to reduce the number
and severity of traffic crashes and increase,
driver, passenger, bicyclist, and pedestrian
safety.
``(vi) Workforce partnerships.--In awarding
a grant under this paragraph, the Secretary
shall consider, to the extent practicable, any
demonstrated partnership of the applicant with
representatives of the surface transportation
workforce.'';
(5) in subparagraph (E)--
(A) in clause (iv) by inserting ``consistent with
section 5312 of title 49'' after ``systems'';
(B) in clause (vi)--
(i) by inserting ``, vehicle-to-
pedestrian,'' after ``vehicle-to-vehicle''; and
(ii) by inserting ``systems to improve
vulnerable road user safety,'' before
``technologies associated with'';
(C) in clause (viii) by striking ``; or'' and
inserting a semicolon;
(D) in clause (ix) by striking ``disabled
individuals.'' and inserting ``disabled individuals,
including activities under section 5316 of title 49;'';
and
(E) by adding at the end the following:
``(x) measures to safeguard surface
transportation system technologies under this
subparagraph from cybersecurity threats; or
``(xi) retrofitting dedicated short-range
communications technology deployed as part of
an existing pilot program to cellular vehicle-
to-everything technology.'';
(6) by striking subparagraph (G) and inserting the
following:
``(G) Reporting.--
``(i) Applicability of law.--The program
under this paragraph shall be subject to the
accountability and oversight requirements in
section 106(m).
``(ii) Report.--Not later than 3 years
after the date that the first grant is awarded
under this paragraph, and each year thereafter,
the Secretary shall make available to the
public on a website a report that describes the
effectiveness of grant recipients in meeting
their projected deployment plans, including
data provided under subparagraph (F) on how the
program has provided benefits, such as how the
program has--
``(I) reduced traffic-related
fatalities and injuries;
``(II) reduced traffic congestion
and improved travel time reliability;
``(III) reduced transportation-
related emissions;
``(IV) optimized multimodal system
performance;
``(V) improved access to
transportation alternatives;
``(VI) provided the public with
access to real-time integrated traffic,
transit, and multimodal transportation
information to make informed travel
decisions;
``(VII) provided cost savings to
transportation agencies, businesses,
and the traveling public;
``(VIII) created or maintained
transportation jobs and supported
transportation workers; or
``(IX) provided other benefits to
transportation users, workers, and the
general public.
``(iii) Considerations.--If applicable, the
Secretary shall ensure that the activities
described in subclauses (I) and (IV) of clause
(ii) reflect--
``(I) any information described in
subparagraph (C)(iii) that is included
by an applicant; or
``(II) the project prioritization
guidelines under subparagraph
(D)(iv).'';
(7) in subparagraph (I) by striking ``Funding'' and all
that follows through ``the Secretary may set aside'' and
inserting the following: ``Funding.--Of the amounts made
available to carry out this paragraph, the Secretary may set
aside'';
(8) in subparagraph (J) by striking the period at the end
and inserting ``, except that the Federal share of the cost of
a project for which a grant is awarded under this paragraph
shall not exceed 80 percent.'';
(9) in subparagraph (K) by striking ``amount described
under subparagraph (I)'' and inserting ``funds made available
to carry out this paragraph'';
(10) by striking subparagraph (M) and inserting the
following:
``(M) Grant flexibility.--If, by August 1 of each
fiscal year, the Secretary determines that there are
not enough grant applications that meet the
requirements described in subparagraph (C) to carry out
this paragraph for a fiscal year, the Secretary shall
transfer to the technology and innovation deployment
program--
``(i) any of the funds made available to
carry out this paragraph in a fiscal year that
the Secretary has not yet awarded under this
paragraph; and
``(ii) an amount of obligation limitation
equal to the amount of funds that the Secretary
transfers under clause (i).''; and
(11) in subparagraph (N)--
(A) in clause (i) by inserting ``an urbanized area
with'' before ``a population of''; and
(B) in clause (iii) by striking ``a any'' and
inserting ``any''.
SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.
(a) Use of Funds for ITS Activities.--Section 513(c)(1) of title
23, United States Code, is amended by inserting ``greenhouse gas
emissions reduction,'' before ``and congestion management''.
(b) Goals and Purposes.--Section 514(a) of title 23, United States
Code, is amended--
(1) in paragraph (6) by striking ``national freight policy
goals'' and inserting ``national multimodal freight policy
goals and activities described in subtitle IX of title 49'';
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) reduction of greenhouse gas emissions and mitigation
of the effects of climate change;''.
(c) General Authorities and Requirements.--Section 515(h) of title
23, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``20 members'' and inserting ``25
members'';
(B) in subparagraph (A) by striking ``State highway
department'' and inserting ``State department of
transportation'';
(C) in subparagraph (B) by striking ``local highway
department'' and inserting ``local department of
transportation'';
(D) by striking subparagraphs (E), (F), (G), (H),
(I), and (J) and inserting the following:
``(E) a private sector representative of the
intelligent transportation systems industry;
``(F) a representative from an advocacy group
concerned with safety, including bicycle and pedestrian
interests;
``(G) a representative from academia;
``(H) a representative from a labor organization;
and'';
(E) in subparagraph (K) by striking ``; and'' and
inserting a period;
(F) by redesignating subparagraph (K) as
subparagraph (I); and
(G) by striking subparagraph (L);
(2) in paragraph (3)--
(A) in subparagraph (A) by striking ``section 508''
and inserting ``section 6503 of title 49'';
(B) in subparagraph (B)--
(i) in clause (ii)--
(I) by inserting ``in both urban
and rural areas'' after ``by users'';
and
(II) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (iii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) assess how Federal transportation
resources, including programs under this title,
are being used to advance intelligent
transportation systems.''; and
(C) by adding at the end the following:
``(C) Convene not less frequently than twice each
year, either in person or remotely.'';
(3) in paragraph (4) by striking ``May 1'' and inserting
``April 1''; and
(4) in paragraph (5) by inserting ``, except that section
14 of such Act shall not apply'' before the period at the end.
(d) Research and Development.--Section 516(a) of title 23, United
States Code, is amended by inserting ``including through grants to
entities or groups of entities, such as institutions of higher
education,'' after ``research and development,''.
(e) Research and Development Priority Areas.--Section 516(b) of
title 23, United States Code, is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively;
(2) by inserting after paragraph (4) the following:
``(5) demonstrate reductions in greenhouse gas
emissions;'';
(3) in paragraph (7), as so redesignated, by striking ``;
or'' and inserting a semicolon;
(4) in paragraph (8), as so redesignated, by striking the
period and inserting a semicolon; and
(5) by adding at the end the following:
``(9) integrate existing observational networks and data
management systems for road weather applications; or
``(10) facilitate the interconnectivity of data and
information technology systems across different observational
networks and different users.''.
SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION
CLEARINGHOUSE.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 5509. National highly automated vehicle and mobility innovation
clearinghouse
``(a) In General.--The Secretary shall make a grant to an
institution of higher education engaged in research on the secondary
impacts of highly automated vehicles and mobility innovation to--
``(1) operate a national highly automated vehicle and
mobility innovation clearinghouse;
``(2) collect, conduct, and fund research on the secondary
impacts of highly automated vehicles and mobility innovation;
``(3) make such research available on a public website; and
``(4) conduct outreach and dissemination of the information
described in this subsection to assist communities.
``(b) Definitions.--In this section:
``(1) Highly automated vehicle.--The term `highly automated
vehicle' means a motor vehicle that is designed to be operated
by a level 3 or level 4 automated driving system for trips
within its operational design domain or a level 5 automated
driving system for all trips according to the recommended
standards published in April 2021, by the Society of Automotive
Engineers International (J3016_202104) or, when adopted,
equivalent standards established by the Secretary under chapter
301 of title 49, United States Code, with respect to automated
motor vehicles.
``(2) Mobility innovation.--The term `mobility innovation'
means an activity described in section 5316, including mobility
on demand and mobility as a service (as such terms are defined
in such section).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(4) Secondary impacts.--The term `secondary impacts'
means the impacts on land use, urban design, transportation
systems, real estate, accessibility, municipal budgets, social
equity, availability and quality of jobs, air quality and
climate, energy consumption, and the environment.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is further amended by adding at the end the
following:
``5509. National highly automated vehicle and mobility innovation
clearinghouse.''.
(c) Deadline for Clearinghouse.--The Secretary of Transportation
shall ensure that the institution of higher education that receives the
grant described in section 5509(a)(1) of title 49, United States Code,
as added by subsection (a), shall establish the national highly
automated vehicle clearinghouse described in such section not later
than 180 days after the date of enactment of this Act.
SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTOMATED VEHICLES AND
ROAD USERS.
(a) Purpose.--The purpose of this section shall be to ensure that
the increasing deployment of automated vehicles does not jeopardize the
safety of road users.
(b) Study.--
(1) Establishment.--Not later than 9 months after the date
of enactment of this Act, the Secretary of Transportation shall
initiate a study on the ability of automated vehicles to safely
interact with other road users.
(2) Contents.--In carrying out the study under paragraph
(1), the Secretary shall--
(A) examine the ability of automated vehicles to
safely interact with general road users, including
vulnerable road users;
(B) identify barriers to improving the safety of
interactions between automated vehicles and general
road users; and
(C) issue recommendations to improve the safety of
interactions between automated vehicles and general
road users, including, at a minimum--
(i) technology advancements with the
potential to facilitate safer interactions
between automated vehicles and general road
users given the safety considerations in
paragraph (3);
(ii) road user public awareness; and
(iii) improvements to transportation
planning and road design.
(3) Considerations.--In carrying out the study under
paragraph (1), the Secretary shall take into consideration
whether automated vehicles can safely operate within the
surface transportation system, including--
(A) the degree to which ordinary human behaviors
make it difficult for an automated vehicle to safely,
reliably predict human actions;
(B) unique challenges for automated vehicles in
urban and rural areas;
(C) the degree to which an automated vehicle is
capable of uniformly recognizing and responding to
individuals with disabilities and individuals of
different sizes, ages, races, and other varying
characteristics;
(D) for bicyclist, motorcyclist, and pedestrian
road users--
(i) the varying and non-standardized nature
of bicyclist and pedestrian infrastructure in
different locations;
(ii) the close proximity to motor vehicles
within which bicyclists often operate,
including riding in unprotected bike lanes and
crossing lanes to make a left turn, and the
risk of such close proximity; and
(iii) roadways that lack marked bicyclist
infrastructure, particularly in midsized and
rural areas, on which bicyclists often operate;
(E) for motorcyclist road users, the close
proximity to other motor vehicles within which
motorcyclists operate, including operating between
lanes of slow or stopped traffic; and
(F) depending on the level of automation of the
vehicle, the degree to which human intervention remains
necessary to safely operate an automated vehicle to
ensure the safety of general road users in
circumstances including--
(i) dangerous weather;
(ii) an electronic or system malfunction of
the automated vehicle; and
(iii) a cybersecurity threat to the
operation of the vehicle.
(4) Public comment.--Before conducting the study under
paragraph (1), the Secretary shall provide an opportunity for
public comment on the study proposal.
(c) Working Group.--
(1) Establishment.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Transportation shall
establish a working group to assist in the development of the
study and recommendations under subsection (b).
(2) Membership.--The working group established under
paragraph (1) shall include representation from--
(A) the National Highway Traffic Safety
Administration;
(B) State departments of transportation;
(C) local governments (other than metropolitan
planning organizations, as such term is defined in
section 134(b) of title 23, United States Code);
(D) transit agencies;
(E) metropolitan planning organizations (as such
term is defined in section 134(b) of title 23, United
States Code);
(F) bicycle and pedestrian safety groups;
(G) highway and automobile safety groups;
(H) truck safety groups;
(I) law enforcement officers and first responders;
(J) motor carriers and independent owner-operators;
(K) the road construction industry;
(L) labor organizations;
(M) academic experts on automated vehicle
technologies;
(N) manufacturers and developers of both passenger
and commercial automated vehicles;
(O) a motorcyclist rights group; and
(P) other industries and entities as the Secretary
determines appropriate.
(3) Duties.--The working group established under paragraph
(1) shall assist the Secretary by, at a minimum--
(A) assisting in the development of the scope of
the study under subsection (b);
(B) reviewing the data and analysis from such
study;
(C) provide ongoing recommendations and feedback to
ensure that such study reflects the contents described
in paragraphs (2) and (3) of subsection (b); and
(D) providing input to the Secretary on
recommendations required under subsection (b)(2)(C).
(4) Applicability of the federal advisory committee act.--
The working group under this subsection shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.), except that
section 14 of such Act shall not apply.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate, and make publicly available, the study initiated under
subsection (b), including recommendations for ensuring that automated
vehicles safely interact with general road users.
(e) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle''
means a motor vehicle that is designed to be operated by a
level 3 or level 4 automated driving system for trips within
its operational design domain or a level 5 automated driving
system for all trips according to the recommended standards
published in April 2021, by the Society of Automotive Engineers
International (J3016l9 202104) or, when adopted, equivalent
standards established by the Secretary under chapter 301 of
title 49, United States Code, with respect to automated motor
vehicles.
(2) General road users.--The term ``general road users''
means--
(A) motor vehicles driven by individuals;
(B) bicyclists and pedestrians;
(C) motorcyclists;
(D) workers in roadside construction zones;
(E) emergency response vehicles, including first
responders;
(F) vehicles providing local government services,
including street sweepers and waste collection
vehicles;
(G) law enforcement officers;
(H) personnel who manually direct traffic,
including crossing guards;
(I) users of shared micromobility (including
bikesharing and shared scooter systems); and
(J) other road users that may interact with
automated vehicles, as determined by the Secretary of
Transportation.
(3) Vulnerable road user.--The term ``vulnerable road
user'' has the meaning given such term in section 148(a) of
title 23, United States Code.
SEC. 5305. SURFACE TRANSPORTATION WORKFORCE RETRAINING GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a program to make grants to eligible entities to develop a curriculum
for, and establish, transportation workforce training programs in urban
and rural areas to train, retrain, or upgrade the skills of surface
transportation workers--
(1) whose employment may be changed or worsened by
automation;
(2) who have been separated from employment; or
(3) who have received notice of impending employment loss
as a result of being replaced by the use of automated vehicles.
(b) Eligible Entities.--The following entities shall be eligible to
receive grants under this section:
(1) Institutions of higher education.
(2) Consortia of institutions of higher education.
(3) Nonprofit organizations with a demonstrated capacity to
develop and provide career pathway programs through labor-
management partnerships, pre-apprenticeships, or registered
apprenticeships on a nationwide basis.
(4) Local governments.
(c) Limitation on Awards.--An entity may only receive one grant in
a fiscal year under this section.
(d) Use of Funds.--
(1) In general.--A recipient of a grant under this section
may only use grant amounts for developing and carrying out
training programs, including--
(A) identifying and testing new duties for existing
jobs impacted by the use of automated vehicles,
including mechanical work, diagnostic work, and fleet
operations management;
(B) educational programs, including--
(i) coursework or curricula through which
participants may pursue a degree or
certification; and
(ii) tuition and direct education expenses,
excluding salaries, in connection with the
education and training of surface
transportation workers whose jobs have been
affected by the use of automated vehicles; and
(C) employee professional development, including
worker training or retraining, including train-the-
trainer programs, to upgrade the skills of surface
transportation workers whose jobs have been affected by
the use of automated vehicles.
(2) Reporting.--A recipient of a grant under this section
shall report to the Secretary the following information:
(A) The sectors of the surface transportation
system from which workers are being displaced.
(B) The skills and professions for which workers
are being retrained.
(C) How many workers have benefitted from a grant
awarded under this section.
(D) Relevant demographic information of impacted
workers.
(3) Limitation.--Funds made available under this section
may not be used to evaluate the effectiveness of automated
vehicle technologies.
(e) Selection Criteria.--In selecting grant recipients under this
section, the Secretary shall consider the extent to which an
applicant--
(1) demonstrates the capability to develop curricula and
provide training, provide retraining, or upgrade the skills of
individuals described in subsection (a);
(2) will provide program participants with practical
experience and on-the-job training; and
(3) demonstrates a commitment to carry out a surface
transportation workforce development program through degree-
granting programs or programs that provide other industry-
recognized credentials.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a grant
under this section shall be 100 percent.
(2) Availability of funds.--For a recipient of a grant
under this section carrying out activities under such grant in
partnership with a public transportation agency that is
receiving funds under section 5307, 5337, or 5339 of title 49,
United States Code, up to 0.5 percent of amounts made available
under any such section may qualify as the non-Federal share
under paragraph (1).
(g) Report Requirements.--Not later than 60 days after grants are
awarded in a fiscal year under this section, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committees on Commerce, Science, and
Transportation, Banking, Housing, and Urban Affairs, and Environment
and Public Works of the Senate, and make publicly available, a report
that includes--
(1) a list of all grant recipients for such fiscal year;
(2) an explanation of why each recipient was chosen in
accordance with the selection criteria under subsection (e);
(3) a summary of activities planned to be carried out by
each recipient and how such activities relate to the goals
established under subsection (a);
(4) the grant amount awarded to each recipient; and
(5) the information required to be provided to the
Secretary under subsection (d)(2).
(h) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle''
means a motor vehicle that is designed to be operated by a
level 3 or level 4 automated driving system for trips within
its operational design domain or a level 5 automated driving
system for all trips according to the recommended standards
published in April 2021, by the Society of Automotive Engineers
International (J3016l9 202104) or, when adopted, equivalent
standards established by the Secretary under chapter 301 of
title 49, United States Code, with respect to automated motor
vehicles.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
(4) Pre-apprenticeship.--The term ``pre-apprenticeship''
means a training model or program that prepares individuals for
acceptance into a registered apprenticeship and has a
demonstrated partnership with one or more registered
apprenticeships.
(5) Registered apprenticeship.--The term ``registered
apprenticeship'' means an apprenticeship program registered
under the Act of August 16, 1937 (29 U.S.C. 50 et seq.;
commonly known as the ``National Apprenticeship Act''), that
satisfies the requirements of parts 29 and 30 of title 29, Code
of Federal Regulations (as in effect on January 1, 2020).
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 for each of fiscal years 2023 through 2026 to carry
out this section.
(2) Availability of amounts.--Amounts made available to the
Secretary to carry out this section shall remain available for
a period of 3 years after the last day of the fiscal year for
which the amounts are authorized.
SEC. 5306. THIRD-PARTY DATA INTEGRATION PILOT PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
and implement a pilot program (in this section referred to as the
``program'') to leverage anonymous crowdsourced data from third-party
entities to improve transportation management capabilities and
efficiency on Federal-aid highways.
(b) Goals.--The goals of the program include the utilization of
anonymous crowdsourced data from third parties to implement integrated
traffic management systems which leverage real-time data to provide
dynamic and efficient traffic-flow management for purposes of--
(1) adjusting traffic light cycle times to optimize traffic
management and decrease congestion;
(2) expanding or contracting lane capacity to meet traffic
demand;
(3) enhancing traveler notification of service conditions;
(4) prioritizing high-priority vehicles such as emergency
response and law enforcement within the transportation system;
and
(5) any other purposes which the Secretary deems an
appropriate use of anonymous user data.
(c) Partnership.--In carrying out the program, the Secretary is
authorized to enter into agreements with public and private sector
entities to accomplish the goals listed in subsection (b).
(d) Data Privacy and Security.--The Secretary shall ensure the
protection of privacy for all sources of data utilized in the program,
promoting cybersecurity to prevent hacking, spoofing, and disruption of
connected and automated transportation systems.
(e) Program Locations.--In carrying out the program, the Secretary
shall initiate programs in a variety of areas, including urban,
suburban, rural, tribal, or any other appropriate settings.
(f) Best Practices.--Not later than 3 years after date of enactment
of this Act, the Secretary shall publicly make available best practices
to leverage private user data to support improved transportation
management capabilities and efficiency, including--
(1) legal considerations when acquiring private user data
for public purposes; and
(2) protecting privacy and security of individual user
data.
(g) Report.--The Secretary shall annually submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report detailing--
(1) a description of the activities carried out under the
pilot program;
(2) an evaluation of the effectiveness of the pilot program
in meeting goals descried in subsection (b);
(3) policy recommendations to improve integration of
systems between public and private entities; and
(4) a description of costs associated with equipping and
maintaining systems.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out the program.
(i) Sunset.--On a date that is 5 years after the enactment of this
Act, this program shall cease to be effective.
SEC. 5307. THIRD-PARTY DATA PLANNING INTEGRATION PILOT PROGRAM.
(a) In General.--Not later than 180 days after enactment of this
Act, the Secretary of Transportation shall establish and implement a
pilot program (in this section referred to as the ``program'') to
leverage anonymous crowdsourced data from third-party entities to
improve transportation management capabilities and efficiency on
Federal-aid highways.
(b) Goals.--The goals of the program include the utilization of
anonymous crowdsourced data from third parties to--
(1) utilize private-user data to inform infrastructure
planning decisions for the purposes of--
(A) reducing congestion;
(B) decreasing miles traveled;
(C) increasing safety;
(D) improving freight efficiency;
(E) enhancing environmental conditions; and
(F) other purposes as the Secretary deems
necessary.
(c) Partnership.--In carrying out the program, the Secretary is
authorized to enter into agreements with public and private sector
entities to accomplish the goals listed in subsection (b).
(d) Data Privacy and Security.--The Secretary shall ensure the
protection of privacy for all sources of data utilized in the program,
promoting cybersecurity to prevent hacking, spoofing, and disruption of
connected and automated transportation systems.
(e) Program Locations.--In carrying out the program, the Secretary
shall initiate programs in a variety of areas, including urban,
suburban, rural, tribal, or any other appropriate settings.
(f) Best Practices.--Not later than 3 years after date of enactment
of this Act, the Secretary shall publicly make available best practices
to leverage private user data to support improved transportation
management capabilities and efficiency, including--
(1) legal considerations when acquiring private user data
for public purposes; and
(2) protecting privacy and security of individual user
data.
(g) Report.--The Secretary shall annually submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report detailing--
(1) a description of the activities carried out under the
pilot program;
(2) an evaluation of the effectiveness of the pilot program
in meeting goals descried in subsection (b); and
(3) policy recommendations to improve the implementation of
anonymous crowdsourced data into planning decisions.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out the program.
(i) Sunset.--On a date that is 5 years after the enactment of this
Act, this program shall cease to be effective.
SEC. 5308. AUTOMATED COMMERCIAL VEHICLE REPORTING.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall establish
a repository for submitting entities to submit information to the
Secretary on operations of automated commercial motor vehicles in
interstate commerce.
(b) Purposes.--The purpose of this section shall be to ensure
automated commercial motor vehicle safety and transparency in
developing and maintaining the repository under this section.
(c) Information Required.--
(1) Submissions.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a process
for submitting entities operating automated commercial motor
vehicles in interstate commerce to provide the following
information in accordance with paragraph (2):
(A) The name of the submitting entity responsible
for the operation of an automated commercial motor
vehicle or vehicles.
(B) The make, model, and weight class of such
vehicle or vehicles.
(C) The intended level of automation of such
vehicle or vehicles, according to the taxonomy
described in subsection (f)(1).
(D) The Department of Transportation number or
operating authority assigned to the submitting entity
described in subparagraph (A), if applicable.
(E) A list of States in which the operation of such
vehicle or vehicles will occur and a list of Federal-
aid highways (as defined in section 101(a) of title 23,
United States Code) on which the operation will occur,
as well as total miles traveled in the previous year on
a biannual basis.
(F) Any cargo classifications or passengers to be
transported in such vehicle or vehicles, including
whether the submitting entity is transporting such
cargo or passengers under contract with another entity.
(G) Documentation of training or certifications
provided to any drivers, or other individuals directly
involved in the performance of the dynamic driving task
or fallback during operation of the vehicle, if any.
(H) Any fatigue management plans or work hour
limitations applicable to drivers, if any, consistent
with such standards of the Department regarding
automated commercial motor vehicle drivers.
(I) Law enforcement interaction plans for automated
commercial motor vehicles submitted to State
transportation agencies or State and local law
enforcement agencies.
(J) Proof of insurance coverage.
(2) Submission and updates.--
(A) In general.--A submitting entity responsible
for the operation of an automated commercial motor
vehicle shall provide the information required under
this subsection not later than 60 days after the
Secretary has published the notice establishing the
process described in paragraph (1).
(B) Material change of information.--The submitting
entity responsible for the operation of an automated
commercial motor vehicle shall notify the Secretary of
any material changes to the information previously
provided pursuant to this subsection on an annual
basis, or on a more frequent basis specified by the
Secretary.
(C) Amendment and correction.--If a submitting
entity responsible for the operation of an automated
commercial motor vehicle submits incomplete or
inaccurate information pursuant to subsection (c), the
submitting entity shall be given an opportunity to
amend or correct the submission within a reasonable
timeframe to be established by the Secretary.
(d) Public Availability of Information.--
(1) In general.--The Secretary shall make available on a
publicly accessible website of the Department of Transportation
the following information on automated commercial motor
vehicles:
(A) The prevalence of planned operations of such
vehicles.
(B) The characteristics of such operations.
(C) The geographic location of such operations in a
safe manner that reflects only the most significant
public road or roads on which the majority of the route
takes place, as determined appropriate by the
Secretary.
(2) Protection of information.--Any data collected under
subsection (c) and made publicly available pursuant to this
subsection shall be made available in a manner that--
(A) precludes the connection of the data to any
individual motor carrier, shipper, company, vehicle
manufacturer, or other submitting entity submitting
data;
(B) protects the safety, privacy, and
confidentiality of individuals, operators, and
submitting entities submitting the data; and
(C) protects from disclosing--
(i) trade secrets; and
(ii) information obtained from a submitting
entity that is commercial or financial and
privileged or confidential, in accordance with
section 552(b)(4) of title 5, United States
Code.
(e) Crash Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall require submitting
entities to submit information regarding collisions which occur
during the operation of an automated commercial motor vehicle
on public roads while the vehicle's automated driving system is
engaged, including--
(A) fatalities or bodily injury to persons who, as
a result of the injury, immediately receive medical
treatment away from the scene of a collision involving
the automated commercial motor vehicle;
(B) collisions or damage to property involving an
automated commercial motor vehicle that results in an
automated commercial motor vehicle or a motor vehicle
being transported away from the scene by a tow truck or
other motor vehicle;
(C) a full description of how the collision or
damage to property occurred, including, if applicable,
the role of the automated driving system; and
(D) the mode of transportation used by any road
users involved in the collision, including general road
users, as such term is defined under section 5304 of
this Act.
(2) Data availability.--The Secretary shall ensure that any
submitting entity submitting information under this subsection
that has a Department of Transportation number or operating
authority from the Federal Motor Carrier Safety
Administration--
(A) shall be subject to safety monitoring and
oversight under the Compliance, Safety, and
Accountability program of the Federal Motor Carrier
Safety Administration; and
(B) shall be included when the Secretary restores
the public availability of relevant safety data under
such program under section 4202(b) of this Act.
(3) Rulemaking.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
initiate a rulemaking to define the term ``safety
incident'', including collisions, with respect to
automated commercial motor vehicle safety.
(B) Update.--Notwithstanding paragraph (1), the
Secretary shall carry out this subsection to require
submitting entities to submit information regarding
safety incidents instead of collisions upon issuing a
final rule under subparagraph (A).
(C) Voluntary reporting.--
(i) In general.--To support the rulemaking
under this paragraph, the Secretary shall
establish a mechanism through which entities
may voluntarily report safety data or other
information regarding automated commercial
motor vehicles.
(ii) Use of data.--The data collected under
this subparagraph may only be used to support
the rulemaking under this paragraph.
(iii) Protection from disclosure.--Data or
other information submitted under this
subparagraph--
(I) shall not be made publicly
available; and
(II) shall not be disclosed to the
public by the Secretary pursuant to
section 552(b)(4) of title 5, United
States Code, if the data or other
information is submitted to the
Secretary voluntarily and is not
required to be submitted to the
Secretary under any other provision of
law.
(f) Definitions.--In this section:
(1) Automated commercial motor vehicle.--The term
``Automated commercial motor vehicle'' means a commercial motor
vehicle (as such term is defined in section 31132 of title 49,
United States Code) that is designed to be operated by a level
3 or level 4 automated driving system for trips within its
operational design domain or a level 5 automated driving system
for all trips according to the recommended taxonomy published
in April 2021, by the Society of Automotive Engineers
International (J3016_202104) or, when adopted, equivalent
standards established by the Secretary under chapter 301 of
title 49, United States Code, with respect to automated motor
vehicles.
(2) Broker.--The term ``broker'' has the meaning given such
term under section 13102 of title 49, United States Code.
(3) Employer.--The term ``employer'' has the meaning given
such term under section 31132 of title 49, United States Code.
(4) Freight forwarder.--The term ``freight forwarder'' has
the meaning given such term in section 13102 of title 49,
United States Code.
(5) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
(6) Submitting entity.--The term ``submitting entity''
means either--
(A) a motor carrier; or
(B) a company that is carrying out motor carrier-
related operations in interstate commerce on public
roads or an employer thereof, such as a motor carrier,
freight forwarder, or broker.
(7) Truck platooning.--The term ``truck platooning'' means
a series of commercial motor vehicles traveling in a unified
manner with electronically coordinated braking, acceleration,
and steering with a driver in the lead commercial motor
vehicle.
(g) Duplicative Reporting.--
(1) In general.--The Secretary may not require duplicative
reporting.
(2) Joint submissions.--Submitting entities working in
partnership on the same automated commercial motor vehicle
operational trips shall make 1 submission of the information
required under this section for each general route, as
determined appropriate by the Secretary.
(3) Information.--In developing the reporting process
required under subsection (c), the Secretary shall ensure, to
the extent practicable, that submitting entities are not
required to submit information previously reported to the
Secretary under chapters 139 or 311 of title 49, United States
Code.
(h) Savings Provision.--Nothing in this section shall add to or
detract from any existing--
(1) enforcement authority of the Department of
Transportation; or
(2) authority to operate automated commercial motor
vehicles in interstate commerce on public roads.
(i) Penalties.--An entity that violates any provision of this
section shall be subject to civil penalties under section 521(b)(2)(B),
of title 49, United States Code, and criminal penalties under section
521(b)(6)(A) of such title, and any other applicable civil and criminal
penalties, as determined by the Secretary.
(j) Treatment.--In carrying out this section, the Secretary shall
treat truck platooning operations the same as automated commercial
motor vehicles.
SEC. 5309. TASK FORCE TO PROMOTE AMERICAN VEHICLE COMPETITIVENESS.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by adding at the end the following:
``CHAPTER 66--DOMESTIC PRODUCTION OF ELECTRIC VEHICLES
``Sec.
``6601. Task force.
``6602. Critical mineral sourcing.
``Sec. 6601. Task force
``(a) Establishment.--The Secretary of Transportation shall
establish a Task Force to Promote American Vehicle Competitiveness
(hereinafter referred to as the `Task Force') in accordance with this
section.
``(b) Membership.--
``(1) In general.--The Task Force shall be composed of the
following officers:
``(A) The Secretary of Transportation.
``(B) The Secretary of the Interior.
``(C) The Secretary of Commerce.
``(D) The Secretary of Energy.
``(E) The Administrator of the Environmental
Protection Agency.
``(2) Additional members.--The Secretary may designate
additional members to serve on the Task Force.
``(3) Officers.--The Secretary of Transportation shall
serve as Chair and may designate officials to serve as the Vice
Chair, and on any working groups of the task force.
``(c) Duties.--The Task Force shall--
``(1) identify and resolve any jurisdictional or regulatory
gaps or inconsistencies associated with domestic sourcing and
production of electric vehicle batteries to eliminate, so far
as practicable, impediments to the prompt and safe deployment
of domestically produced electric vehicle batteries, including
with respect to safety regulation and oversight, environmental
review, and funding issues;
``(2) coordinate agency oversight of nontraditional and
emerging electric vehicle battery sourcing and production
technologies, projects, and engagement with external
stakeholders;
``(3) within applicable statutory authority other than this
subsection, develop, recommend, and establish processes,
solutions, and best practices for identifying, managing, and
resolving issues regarding domestic sourcing and production of
electric vehicle batteries; and
``(4) carry out such additional duties as the Secretary of
Transportation may prescribe, to the extend consistent with
this title.
``(d) Report.--Not later than 12 months after the date of enactment
of this section, and annually thereafter, the Task Force shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on the Environment and Public Works
of the Senate a report containing findings on electric vehicle battery
sourcing and production issues in the United States, recommended
strategies or measures to streamline sourcing and production and
promote American competitiveness, and any recommended legislative
solutions.
``Sec. 6602. Critical mineral sourcing
``(a) In General.--The Secretary of Transportation, in conjunction
with the Task Force to Promote American Vehicle Competitiveness, shall
coordinate with the appropriate agencies to increase domestic sourcing
of critical minerals and domestic production of electric vehicle
batteries.
``(b) Department Coordination.--The Department of Transportation
shall coordinate with the Task Force in implementing section 5339(c)
and sections 151 and 155 of title 23.''.
(b) Clerical Amendment.--The table of chapters for subtitle III of
title 49, United States Code, is amended by adding at the end the
following new item:
``66. Domestic Production of Electric Vehicles.............. 6601''.
SEC. 5310. MULTIMODAL TRANSPORTATION DEMONSTRATION PROGRAM.
(a) In General.--Subchapter 1 of chapter 55 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 5510. Multimodal transportation demonstration program
``(a) Establishment.--The Secretary of Transportation may establish
a pilot program for the demonstration of advanced transportation
passenger surface transportation modes in small- and mid-sized
communities by providing grants to entities to achieve the purposes of
the national transportation research and development plan described in
section 6503.
``(b) Eligible Activities.--Activities eligible for funding under
this section include data availability and interoperability, traveler
support tools and services, active demand management, micro-transit,
mobility-on-demand, and micro-mobility projects to demonstrate first-
mile and last-mile transportation connections to the broader
transportation system, and any other activity as determined appropriate
by the Secretary.
``(c) Eligibility.--Entities eligible to receive grants under this
program include State departments of transportation, local governments,
metropolitan planning organizations, and transit agencies serving a
population of not more than 200,000 individuals, including communities
of economic hardship and communities that experience transportation
equity and accessibility issues.
``(d) Application.--
``(1) In general.--An entity seeking funding under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(2) Collaboration.--Each application submitted under this
section shall describe how the applying entity will
collaborate, as appropriate, with other entities, including
institutions of higher education, State and local governments,
regional transportation planning organizations, nonprofit
organizations, labor organizations, or private sector entities.
``(e) Funds.--
``(1) Authorization.--There is authorized to be
appropriated to carry out activities under this section
$30,000,000 for each of fiscal years 2023 through 2026.
``(2) Federal share.--The Federal share of the cost of a
project for which a grant is awarded under this section shall
not exceed 80 percent.
``(3) Sources.--The local share of the cost of a project
under this section may include amounts made available to the
recipient under--
``(A) section 504(b) of title 23; or
``(B) section 505 of title 23.
``(4) Administration.--The Secretary may use funds made
available to carry out this section for administrative costs
under this section.
``(f) Definitions.--In this section:
``(1) Micromobility.--The term `micromobility' has the
meaning given such term in section 217 of title 23.
``(2) Mobility on demand.--The term `mobility on demand'
has the meaning given such term in section 5316 of this
title.''.
(b) Conforming Amendment.--The analysis for chapter 55 of title 49,
United States Code, is further amended by adding at the end the
following:
``5510. Multimodal transportation demonstration program.''.
SEC. 5311. HEAVY FREIGHT AUTOMATED TRUCKING RESEARCH CORRIDOR.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 5511. Heavy freight automated trucking research corridor
``(a) In General.--Not later than 1 year after the date of
enactment of the INVEST in America Act, the Secretary of Transportation
shall establish a heavy freight automated trucking research initiative
to explore the potential benefits and risks of the broad scale adoption
of heavy freight automated commercial motor vehicles.
``(b) Responsibilities.--In carrying out the initiative established
under subsection (a), the Secretary shall--
``(1) support and conduct research and development on
automated and connected freight trucking with private industry,
driver associations, other Federal agencies, State and local
transportation agencies, and institutions of higher education;
and
``(2) support or establish a heavy freight automated
trucking testing and demonstration corridor and related
programs.
``(c) Research and Development Agenda.--The Secretary shall
establish an agenda for research and development conducted under
subsection (b)(1) and the programs described in subsection (b)(2) that
may include--
``(1) analyzing, modeling, and piloting the feasibility,
benefits, and risks of dedicated automated trucking corridors,
including any impact on--
``(A) long distance freight movement;
``(B) supply chains;
``(C) fuel economy and emissions;
``(D) transportation infrastructure;
``(E) vehicle miles traveled;
``(F) small business concerns (as defined in
section 3 of the Small Business Act (15 U.S.C. 632);
``(G) the trucking industry workforce, such as any
impact on pay, benefits, and working conditions in both
long-haul trucking and any related driving jobs;
``(H) safety, including interactions with non-
automated motor vehicles and other road users; and
``(I) surrounding communities; and
``(2) providing deployment guidance, including for--
``(A) cyber-physical security; and
``(B) human factors, such as--
``(i) human-machine interfaces;
``(ii) psychological impacts;
``(iii) driver training; and
``(iv) strategies to address any impacts on
the workforce, such as impacts on driver
retention, wages, benefits, and working
conditions within the trucking industry.
``(d) Outreach and Consultation.--In developing the research agenda
under subsection (b), the Secretary shall conduct outreach to, and
solicit input from, public, private, and academic stakeholders,
including individual workers and labor organizations (as such terms are
defined in section 2 of the National Labor Relations Act (29 U.S.C.
152)).
``(e) Eligibility.--An institution of higher education (as defined
in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) or
a consortium composed of nonprofit research organizations and
institutions of higher education shall be eligible to receive grants
under this section.
``(f) Authorization.--The Secretary may award grants to eligible
entities described in subsection (e) to carry out this section.
``(g) Selection Criteria.--In awarding a grant under this section,
the Secretary shall--
``(1) give preference to the recipient's past and current
collaboration with local and State transportation agencies,
other Federal agencies, private industry, and driver
associations in activities related to this section;
``(2) give preference to a recipient whose geographic
location offers access to long-haul trucking corridors;
``(3) consider the extent to which an applicant's proposal
would involve participation by local, regional, and national
stakeholders; and
``(4) consider the local, regional, and national impacts of
the applicant's proposal.
``(h) Matching Requirement.--
``(1) In general.--As a condition of receiving a grant
under this section, a grant recipient shall match 50 percent of
the costs of establishing and operating the test corridor and
related activities carried out by the grant recipient.
``(2) Sources.--The matching amounts referred to in
paragraph (1) may include amounts made available to the
recipient under--
``(A) section 504(b) of title 23; or
``(B) section 505 of title 23.
``(i) Transparency.--The results of testing and research funded
under this section shall be made available on a publicly accessible
website of the Department of Transportation.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $6,000,000 for each of the fiscal years
2023 through 2026 for activities carried out under this section.
``(k) Heavy Freight Automated Commercial Motor Vehicle Defined.--In
this section, the term `heavy freight automated commercial motor
vehicle' means a property-carrying commercial motor vehicle (as such
term is defined in section 31101) that--
``(1) has a gross vehicle weight rating or gross vehicle
weight of at least 26,001 pounds, whichever is greater; and
``(2) is designed to be operated exclusively by a Level 4
automated driving system for trips within the vehicle's
operational design domain or a Level 5 automated driving system
for all trips according to the recommended standards published
in April 2021, by the Society of Automotive Engineers
International (J3016_202104) or, when adopted, equivalent
standards established by the Secretary with respect to
automated motor vehicles.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is further amended by adding at the end the
following:
``5511. Heavy freight automated trucking research corridor.''.
Subtitle D--Surface Transportation Funding Pilot Programs
SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOT.
Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Eligibility.--
``(1) Application.--To be eligible for a grant under this
section, a State or group of States shall submit to the
Secretary an application in such form and containing such
information as the Secretary may require.
``(2) Eligible projects.--The Secretary may provide grants
to States or a group of States under this section for the
following projects:
``(A) State pilot projects.--
``(i) In general.--A pilot project to
demonstrate a user-based alternative revenue
mechanism in a State.
``(ii) Limitation.--If an applicant has
previously been awarded a grant under this
section, such applicant's proposed pilot
project must be comprised of core activities or
iterations not substantially similar in manner
or scope to activities previously carried out
by the applicant with a grant for a project
under this section.
``(B) State implementation projects.--A project--
``(i) to implement a user-based alternative
revenue mechanism that collects revenue to be
expended on projects for the surface
transportation system of the State; or
``(ii) that demonstrates progress towards
implementation of a user-based alternative
revenue mechanism, with consideration for
previous grants awarded to the applicant under
this section.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``2 or more
future''; and
(B) by adding at the end the following:
``(6) To test solutions to ensure the privacy and security
of data collected for the purpose of implementing a user-based
alternative revenue mechanism.'';
(3) in subsection (d) by striking ``to test the design,
acceptance, and implementation of a user-based alternative
revenue mechanism'' and inserting ``to test the design and
acceptance of, or implement, a user-based alternative revenue
mechanism'';
(4) in subsection (g) by striking ``50 percent'' and
inserting ``80 percent'';
(5) in subsection (i) by inserting ``and containing a
determination of the characteristics of the most successful
mechanisms with the highest potential for future widespread
deployment'' before the period at the end; and
(6) by striking subsection (j) and inserting the following:
``(j) Funding.--Of amounts made available to carry out this
section--
``(1) for fiscal year 2023, $17,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $17,500,000
shall be used to carry out projects under subsection (b)(2)(B);
``(2) for fiscal year 2024, $15,000,000 shall be used to
carry out projects under subsection (b)(2)(A) and $20,000,000
shall be used to carry out projects under subsection (b)(2)(B);
``(3) for fiscal year 2025, $12,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $22,500,000
shall be used to carry out projects under subsection (b)(2)(B);
and
``(4) for fiscal year 2026, $10,000,000 shall be used to
carry out projects under subsection (b)(2)(A) and $25,000,000
shall be used to carry out projects under subsection
(b)(2)(B).''.
Subtitle E--Miscellaneous
SEC. 5501. ERGONOMIC SEATING WORKING GROUP.
(a) In General.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation shall
convene a working group to examine the seating standards for
commercial drivers.
(2) Members.--At a minimum, the working group shall
include--
(A) seat manufacturers;
(B) commercial vehicle manufacturers;
(C) transit vehicle manufacturers;
(D) labor representatives for the trucking
industry;
(E) representatives from organizations engaged in
collective bargaining on behalf of transit workers in
not fewer than three States; and
(F) musculoskeletal health experts.
(b) Objectives.--The Secretary shall pursue the following
objectives through the working group:
(1) To identify health issues, including musculoskeletal
health issues, that afflict commercial drivers due to sitting
for long periods of time while on duty.
(2) To identify the impact that commercial vehicle sizing,
design, and safety measures have on women in comparison to men,
and to identify designs that may improve the health and safety
of women drivers.
(3) To identify research topics for further development and
best practices to improve seating.
(4) To determine ways to incorporate improved seating into
manufacturing standards for public transit vehicles and
commercial vehicles.
(c) Report.--
(1) Submission.--Not later than 18 months after the date of
enactment of this Act, the working group shall submit to the
Secretary, the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
findings of the working group under this section and any
recommendations for the adoption of better ergonomic seating
for commercial drivers.
(2) Publication.--Upon receipt of the report in paragraph
(1), the Secretary shall publish the report on a publicly
accessible website of the Department.
(d) Applicability of Federal Advisory Committee Act.--The Advisory
Committee shall be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED STATES CODE.
(a) In General.--Section 6314 of title 49, United States Code, is
repealed.
(b) Conforming Amendments.--
(1) Title analysis.--The analysis for chapter 63 of title
49, United States Code, is amended by striking the item
relating to section 6314.
(2) Section 6307.--Section 6307(b) of title 49, United
States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``or
section 6314(b)'';
(ii) in subparagraph (B) by striking ``or
section 6314(b)''; and
(iii) in subparagraph (C) by striking ``or
section 6314(b)''; and
(B) in paragraph (2)(A) by striking ``or section
6314(b)''.
SEC. 5503. TRANSPORTATION WORKFORCE OUTREACH PROGRAM.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 5512. Transportation workforce outreach program
``(a) In General.--The Secretary shall establish and administer a
transportation workforce outreach program that carries out a series of
public service announcement campaigns during fiscal years 2023 through
2026.
``(b) Purpose.--The purpose of each campaign carried out under the
program shall be to achieve the following objectives:
``(1) Increase awareness of career opportunities in the
transportation sector, including aviation pilots, safety
inspectors, mechanics and technicians, maritime transportation
workers, air traffic controllers, flight attendants, truck
drivers, engineers, transit workers, railroad workers, and
other transportation professionals.
``(2) Increase diversity, including race, gender,
ethnicity, veteran status, and socioeconomic status, of
professionals in the transportation sector.
``(c) Advertising.--The Secretary may use, or authorize the use of,
funds available to carry out the program for the development,
production, and use of broadcast, digital, and print media advertising
and outreach in carrying out campaigns under this section.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for each fiscal
years 2023 through 2026.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is further amended by adding at the end the
following:
``5512. Transportation workforce outreach program.''.
SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.
Section 6305 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``The Director'' and all
that follows to the period and inserting ``Notwithstanding
section 418 of the FAA Reauthorization Act of 2018 (Public Law
115-254), not later than 6 months after the date of enactment
of the INVEST in America Act, the Director shall establish and
consult with an advisory council on transportation
statistics.''; and
(2) by striking subsection (d)(3).
SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PROGRAMS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works, the
Committee on Banking, Housing, and Urban Affairs, and the Committee on
Commerce, Science, and Transportation of the Senate a review of the
extent to which the Secretary is considering the needs of and awarding
funding through covered discretionary grant programs to projects that
serve--
(1) low-income communities;
(2) minority communities; and
(3) populations that are underserved or have limited
transportation choices.
(b) Recommendations.--The Comptroller General shall include as part
of the review under subsection (a) recommendations to the Secretary on
possible means to improve consideration of projects that serve the
unique needs of communities described in subsection (a)(1).
(c) Definition of Covered Discretionary Grant Program.--For
purposes of this section, the term ``covered discretionary grant
programs'' means the Projects of National and Regional Significance
program under section 117 of title 23, the Community Transportation
Investment Grant program under section 173 of such title, and the
Community Climate Innovation Grant program under section 172 of such
title.
TITLE VI--MULTIMODAL TRANSPORTATION
SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY.
Section 70101(b) of title 49, United States Code, is amended--
(1) in paragraph (2) by inserting ``in rural and urban
areas'' after ``freight transportation'';
(2) in paragraph (7)--
(A) in subparagraph (B) by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) travel within population centers; and'';
(3) in paragraph (9) by striking ``; and'' and inserting
the following: ``including--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) minimizing, capturing, or treating stormwater
runoff or other adverse impacts to water quality; and
``(D) wildlife habitat loss;'';
(4) by redesignating paragraph (10) as paragraph (11); and
(5) by inserting after paragraph (9) the following:
``(10) to decrease any adverse impact of freight
transportation on communities located near freight facilities
or freight corridors; and''.
SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN.
Section 70102(c) of title 49, United States Code, is amended by
striking ``shall'' and all that follows through the end and inserting
the following: ``shall--
``(1) update the plan and publish the updated plan on the
public website of the Department of Transportation; and
``(2) include in the update described in paragraph (1)--
``(A) each item described in subsection (b); and
``(B) best practices to reduce the adverse
environmental impacts of freight-related--
``(i) greenhouse gas emissions;
``(ii) local air pollution;
``(iii) stormwater runoff or other adverse
impacts to water quality; and
``(iv) wildlife habitat loss.''.
SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK.
Section 70103 of title 49, United States Code, is amended--
(1) in subsection (b)(2)(C) by striking ``of the United
States that have'' and inserting the following: ``of the United
States that--
``(i) have a total annual value of cargo of
at least $1,000,000,000, as identified by
United States Customs and Border Protection and
reported by the Bureau of the Census; or
``(ii) have''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively (and
adjust the margins accordingly); and
(ii) by striking ``Not later than 1 year
after the date of enactment of this section,''
and inserting the following:
``(A) Report to congress.--Not later than 30 days
after the date of enactment of the INVEST in America
Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing a
plan to designate a final National Multimodal Freight
Network, including a detailed summary of the resources
within the Office of the Secretary that will be
dedicated to carrying out such plan.
``(B) Designation of national multimodal freight
network.--Not later than 60 days after the submission
of the report described in subparagraph (A),'';
(B) in paragraph (3)(C)--
(i) by inserting ``and metropolitan
planning organizations'' after ``States''; and
(ii) by striking ``paragraph (4)'' and
inserting ``paragraphs (4) and (5)'';
(C) in paragraph (4)--
(i) in the header by inserting ``and
metropolitan planning organization'' after
``State'';
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by striking subparagraph (C) and
inserting the following:
``(C) Critical urban freight facilities and
corridors.--
``(i) Area with a population of over
500,000.--In an urbanized area with a
population of 500,000 or more individuals, the
representative metropolitan planning
organization, in consultation with the State,
may designate a freight facility or corridor
within the borders of the State as a critical
urban freight facility or corridor.
``(ii) Area with a population of less than
500,000.--In an urbanized area with a
population of less than 500,000 individuals,
the State, in consultation with the
representative metropolitan planning
organization, may designate a freight facility
or corridor within the borders of the State as
a critical urban freight corridor.
``(iii) Designation.--A designation may be
made under subparagraph (i) or (ii) if the
facility or corridor is in an urbanized area,
regardless of population, and such facility or
corridor--
``(I) provides access to the
primary highway freight system, the
Interstate system, or an intermodal
freight facility;
``(II) is located within a corridor
of a route on the primary highway
freight system and provides an
alternative option important to goods
movement;
``(III) serves a major freight
generator, logistics center, or
manufacturing and warehouse industrial
land;
``(IV) connects to an international
port of entry;
``(V) provides access to a
significant air, rail, water, or other
freight facility in the State; or
``(VI) is important to the movement
of freight within the region, as
determined by the metropolitan planning
organization or the State.
``(D) Limitation.--A State may propose additional
designations to the National Multimodal Freight Network
in the State in an amount that is--
``(i) for a highway project, not more than
20 percent of the total mileage designated by
the Under Secretary in the State; and
``(ii) for a non-highway project, using a
limitation determined by the Under
Secretary.''; and
(D) by adding at the end the following:
``(5) Required network components.--In designating or
redesignating the National Multimodal Freight Network, the
Under Secretary shall ensure that the National Multimodal
Freight Network includes the components described in subsection
(b)(2).''.
SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES.
Section 70201(a) of title 49, United States Code, is amended by
striking ``and local governments'' and inserting ``local governments,
metropolitan planning organizations, and the departments with
responsibility for environmental protection and air quality of the
State''.
SEC. 6005. STATE FREIGHT PLANS.
Section 70202(b) of title 49, United States Code, is amended--
(1) in paragraph (3)(A) by inserting ``and urban'' after
``rural'';
(2) in paragraph (9) by striking ``; and'' and inserting a
semicolon;
(3) by redesignating paragraph (10) as paragraph (12); and
(4) by inserting after paragraph (9) the following:
``(10) strategies and goals to decrease freight-related--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) stormwater runoff or other adverse impacts to
water quality; and
``(D) wildlife habitat loss;
``(11) strategies and goals to decrease any adverse impact
of freight transportation on communities located near freight
facilities or freight corridors; and''.
SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Transportation, in consultation with the
Secretary of the Treasury and the Commissioner of the Internal Revenue
Service, shall establish a joint task force to study the establishment
and administration of a fee on multimodal freight surface
transportation services.
(b) Contents.--The study required under subsection (a) shall
include the following:
(1) An estimation of the revenue that a fee of up to 1
percent on freight transportation services would raise.
(2) An identification of the entities that would be subject
to such a fee paid by the owners or suppliers of cargo.
(3) An analysis of the administrative capacity of Federal
agencies and freight industry participants to collect such a
fee and ensure compliance with fee requirements.
(4) Policy options to prevent avoidance of such a fee,
including diversion of freight services to foreign countries.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure and the Committee on Ways and
Means of the House of Representatives and the Committee on Environment
and Public Works and the Committee on Finance of the Senate the study
required under subsection (a).
SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU.
Section 116 of title 49, United States Code, is amended--
(1) in subsection (b) by striking paragraph (1) and
inserting the following:
``(1) to provide assistance and communicate best practices
and financing and funding opportunities to eligible entities
for the programs referred to in subsection (d)(1), including
by--
``(A) conducting proactive outreach to communities
located outside of metropolitan or micropolitan
statistical areas (as such areas are defined by the
Office of Management and Budget) using data from the
most recent decennial Census; and
``(B) coordinating with the Office of Rural
Development of the Department of Agriculture, the
Office of Community Revitalization of the Environmental
Protection Agency, and any other agencies that provide
technical assistance for rural communities, as
determined by the Executive Director;'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following:
``(j) Annual Progress Report.--Not later than 1 year after the date
of enactment of this subsection, and annually thereafter, the Executive
Director shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report detailing--
``(1) the use of funds authorized under section 605(f) of
title 23; and
``(2) the progress of the Bureau in carrying out the
purposes described in subsection (b).''.
SEC. 6008. TRANSPORTATION EQUITY ADVISORY COMMITTEE.
(a) Establishment.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish an advisory committee, to be known as the
Transportation Equity Committee (referred to in this section as
the ``Committee''), regarding comprehensive and
interdisciplinary issues related to transportation equity from
a variety of stakeholders in transportation planning, design,
research, policy, and advocacy.
(2) Purpose of the advisory committee.--The Committee
established under paragraph (1) shall provide independent
advice and recommendations to the Secretary on transportation
equity, including developing a strategic plan with
recommendations to the Secretary on national transportation
metrics and the effect on such factors as economic development,
connectivity, and public engagement.
(b) Duties.--The Committee shall evaluate the work of the
Department of Transportation in connecting people to economic and
related forms of opportunity and revitalize communities in carrying out
its strategic, research, technological, regulatory, community
engagement, and economic policy activities related to transportation
and opportunity. Decisions directly affecting implementation of
transportation policy remain with the Secretary.
(c) Membership.--
(1) In general.--The Secretary shall appoint an odd number
of members of not less than 9 but not more than 15 members
(with a quorum consisting of a majority of members rounded up
to the nearest odd number), to include balanced representation
from academia, community groups, industry and business, non-
governmental organizations, State and local governments,
federally recognized Tribal Governments, advocacy
organizations, and indigenous groups with varying points of
view.
(2) Broad representation.--To the extent practicable,
members of the Committee shall reflect a variety of backgrounds
and experiences, geographic diversity, including urban, rural,
tribal, territories, and underserved and marginalized
communities throughout the country, and individuals with
expertise in related areas such as housing, health care, and
the environment.
(3) Replacement for non-active members .--The Secretary may
remove a non-active member who misses 3 consecutive meetings
and appoint a replacement to service for the period of time set
forth in paragraph (5).
(4) Meetings.--The Committee shall meet not less than 2
times each year with not more than 9 months between meetings at
a reasonable time, in a place accessible to the public, and in
a room large enough to accommodate the Committee members,
staff, and reasonable number of interested members of the
public. The room in which the Committee meets shall be large
enough to accommodate at least 100 and shall be compliant with
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
(5) Term.--Each member of the Committee shall serve a 2-
year term with not more than 2 consecutive term reappointments,
but may continue service until a replacement is appointed.
(6) Support.--The Office of the Under Secretary for Policy
of the Department of the Department of Transportation shall
provide necessary funding, logistics, and administrative
support for the Committee.
(d) Application of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Committee established under this
section, with the exception of section 14 of such Act.
SEC. 6009. SENSE OF CONGRESS.
It is the sense of the Congress that walking, bicycling, and public
transportation are complementary modes of transportation, and that
pedestrian and bicycle pathways and related improvements within the
right-of-way of public transportation are an appropriate use of the
right-of-way for the benefit of the public, do not exceed the
reasonable use of the right-of-way, and every effort should be made to
support the development and safe operation of such pedestrian and
bicycle pathways.
TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT
SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT.
(a) Creditworthiness.--Section 602(a)(2) of title 23, United States
Code, is amended--
(1) in subparagraph (A)(iv)--
(A) by striking ``a rating'' and inserting ``an
investment grade rating''; and
(B) by striking ``$75,000,000'' and inserting
``$150,000,000''; and
(2) in subparagraph (B)--
(A) by striking ``the senior debt'' and inserting
``senior debt''; and
(B) by striking ``credit instrument is for an
amount less than $75,000,000'' and inserting ``total
amount of other senior debt and the Federal credit
instrument is less than $150,000,000''.
(b) Buy America Application.--Section 602(c)(1) of title 23, United
States Code, is amended by striking ``of title 49'' inserting ``and
section 22905(a) of title 49, subject to the requirements of section
5320(o) of title 49,''.
(c) Non-Federal Share.--Section 603(b) of title 23, United States
Code, is amended by striking paragraph (8) and inserting the following:
``(8) Non-federal share.--Notwithstanding paragraph (9) and
section 117(j)(2), the proceeds of a secured loan under the
TIFIA program shall be considered to be part of the non-Federal
share of project costs required under this title or chapter 53
of title 49, if the loan is repayable from non-Federal
funds.''.
(d) Exemption of Funds From TIFIA Federal Share Requirement.--
Section 603(b)(9) of title 23, United States Code, is amended by adding
at the end the following:
``(C) Territories.--Funds provided for a territory
under section 165(c) shall not be considered Federal
assistance for purposes of subparagraph (A).''.
(e) Streamlined Application Process.--Section 603(f) of title 23,
United States Code, is amended by adding at the end the following:
``(3) Additional terms for expedited decisions.--
``(A) In general.--Not later than 120 days after
the date of enactment of this paragraph, the Secretary
shall implement an expedited decision timeline for
public agency borrowers seeking secured loans that
meet--
``(i) the terms under paragraph (2); and
``(ii) the additional criteria described in
subparagraph (B).
``(B) Additional criteria.--The additional criteria
referred to in subparagraph (A)(ii) are the following:
``(i) The secured loan is made on terms and
conditions that substantially conform to the
conventional terms and conditions established
by the National Surface Transportation
Innovative Finance Bureau.
``(ii) The secured loan is rated in the A
category or higher.
``(iii) The TIFIA program share of eligible
project costs is 33 percent or less.
``(iv) The applicant demonstrates a
reasonable expectation that the contracting
process for the project can commence by not
later than 90 days after the date on which a
Federal credit instrument is obligated for the
project under the TIFIA program.
``(v) The project has received a
categorical exclusion, a finding of no
significant impact, or a record of decision
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(C) Written notice.--The Secretary shall provide
to an applicant seeking a secured loan under the
expedited decision process under this paragraph a
written notice informing the applicant whether the
Secretary has approved or disapproved the application
by not later than 180 days after the date on which the
Secretary submits to the applicant a letter indicating
that the National Surface Transportation Innovative
Finance Bureau has commenced the creditworthiness
review of the project.''.
(f) Assistance to Small Projects.--Section 605(f)(1) of title 23,
United States Code, is amended by striking ``$2,000,000'' and inserting
``$3,000,000''.
(g) Administrative Funds.--Section 608(a)(5) of title 23, United
States Code, is amended by striking ``$6,875,000'' and all that follows
through the period and inserting ``2.5 percent for the administration
of the TIFIA program.''.
(h) Application Process Report.--Section 609(b)(2)(A) of title 23,
United States Code, is amended--
(1) in clause (iv) by striking ``and'';
(2) in clause (v) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vi) whether the project is located in a
metropolitan statistical area, micropolitan
statistical area, or neither (as such areas are
defined by the Office of Management and
Budget).''.
(i) Status Reports.--Section 609 of title 23, United States Code,
is amended by adding at the end the following:
``(c) Status Reports.--
``(1) In general.--The Secretary shall publish on the
website for the TIFIA program--
``(A) on a monthly basis, a current status report
on all submitted letters of interest and applications
received for assistance under the TIFIA program; and
``(B) on a quarterly basis, a current status report
on all approved applications for assistance under the
TIFIA program.
``(2) Inclusions.--Each monthly and quarterly status report
under paragraph (1) shall include, at a minimum, with respect
to each project included in the status report--
``(A) the name of the party submitting the letter
of interest or application;
``(B) the name of the project;
``(C) the date on which the letter of interest or
application was received;
``(D) the estimated project eligible costs;
``(E) the type of credit assistance sought; and
``(F) the anticipated fiscal year and quarter for
closing of the credit assistance.''.
SEC. 7002. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 TEMPORARY LOAN RELIEF DUE TO COVID-19.
(a) Definitions.--In this section:
(1) Eligible borrower.--The term ``eligible borrower''
means a recipient of an eligible loan administered by the
National Surface Transportation and Innovative Finance Bureau.
(2) Eligible loan.--The term ``eligible loan'' means a loan
provided on or before the date of enactment of this Act under a
program described in subparagraph (A) or (B) of 116(d)(1) of
title 49, United States Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Interest Rate Reset.--
(1) In general.--If, at any time after the date of
execution of an eligible loan, the eligible borrower of such
eligible loan is impacted by COVID-19 and unable to generate
sufficient revenues from the dedicated revenue source to pay
the scheduled repayments of principal and interest on such
eligible loan--
(A) the eligible borrower may submit to the
Secretary a request to reset the interest rate of the
eligible loan in such manner and containing such
information as the Secretary may require; and
(B) the Secretary--
(i) in accordance with such criteria as the
Secretary may establish under subsection (d),
shall determine whether the eligible borrower
is impacted by COVID-19; and
(ii) if a positive determination is made
under clause (i), may reset the interest rate
of such eligible loan (including through
amendment of such eligible loan) to a lower
interest rate equal to not less than the yield
on United States Treasury securities of a
similar maturity to the maturity of the
eligible loan on the date of the reset, in
accordance with this section.
(2) Applicability.--A lower interest rate provided for an
eligible loan pursuant to paragraph (1)(B)(ii) shall apply
until the final maturity date of the eligible loan.
(c) Other Loan Modifications.--With respect to an eligible borrower
impacted by COVID-19, the Secretary, on determining that the eligible
borrower has been impacted by COVID-19, may--
(1) allow, for a maximum aggregate period of not more than
5 years, an obligor to add unpaid principal and interest to the
outstanding balance of the loan, subject to the requirements
under section 502(j)(3)(B) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(j)(3)(B)) or
section 603(c)(3)(B) of title 23, United States Code, as
applicable; and
(2) extend any applicable disbursement period established
under an agreement for credit assistance made pursuant to
section 502 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822) or section 603 of title 23,
United States Code, as applicable.
(d) Criteria.--
(1) In general.--To be eligible to receive a lower interest
rate or other loan modification under this section, an eligible
borrower shall achieve compliance with such criteria as the
Secretary may establish, in accordance with paragraph (2).
(2) Factors for consideration.--In establishing criteria
for purposes of paragraph (1), the Secretary may take into
consideration such factors as the Secretary determines to be
relevant, including achieving the objectives of--
(A) maintaining the operation of a project carried
out by an eligible borrower in a disaster, emergency,
or other extenuating circumstance;
(B) mitigating the financial impact on an eligible
borrower of a disaster, emergency, or other extenuating
circumstance; and
(C) protecting the interests of the Federal
Government in critical infrastructure.
(e) Effective Period.--
(1) In general.--The authority of the Secretary to reset
interest rates pursuant to this section shall terminate on
September 30, 2022.
(2) Effect of subsection.--Nothing in this subsection
affects any eligible loan that is modified pursuant to this
section on or before September 30, 2022.
SEC. 7003. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND PROJECT
SELECTION.
(a) In General.--Section 602(c) of title 23, United States Code, is
amended by adding at the end the following:
``(3) Payment and performance security.--
``(A) In general.--The Secretary shall ensure that
the design and construction of a project carried out
with assistance under the TIFIA program shall have
appropriate payment and performance security,
regardless of whether the obligor is a State, local
government, agency or instrumentality of a State or
local government, public authority, or private party.
``(B) Written determination.--If payment and
performance security is required to be furnished by
applicable State or local statute or regulation, the
Secretary may accept such payment and performance
security requirements applicable to the obligor if the
Federal interest with respect to Federal funds and
other project risk related to design and construction
is adequately protected.
``(C) No determination or applicable
requirements.--If there are no payment and performance
security requirements applicable to the obligor, the
security under section 3131(b) of title 40 or an
equivalent State or local requirement, as determined by
the Secretary, shall be required.''.
(b) Applicability.--The amendments made by this section shall apply
with respect to any agreement for credit assistance entered into on or
after the date of enactment of this Act.
DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION
SEC. 8001. SHORT TITLE.
This division may be cited as the ``Improving Hazardous Materials
Safety Act of 2021''.
TITLE I--AUTHORIZATIONS
SEC. 8101. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended--
(1) in subsection (a) by striking paragraphs (1) through
(5) and inserting the following:
``(1) $75,000,000 for fiscal year 2022;
``(2) $70,000,000 for fiscal year 2023;
``(3) $71,000,000 for fiscal year 2024;
``(4) $73,000,000 for fiscal year 2025; and
``(5) $74,000,000 for fiscal year 2026.'';
(2) in subsection (b)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2022 through 2026'';
(B) in paragraph (1) by striking ``$21,988,000''
and inserting ``$24,025,000''; and
(C) in paragraph (4) by striking ``$1,000,000'' and
inserting ``$2,000,000'';
(3) in subsection (c) by striking ``$4,000,000 for each of
fiscal years 2016 through 2020'' and inserting ``$5,000,000 for
each of fiscal years 2022 through 2026'';
(4) in subsection (d) by striking ``$1,000,000 for each of
fiscal years 2016 through 2020'' and inserting ``$4,000,000 for
each of fiscal years 2022 through 2026'';
(5) by redesignating subsection (e) as subsection (f); and
(6) by inserting after subsection (d) the following:
``(e) Assistance With Local Emergency Responder Training Grants.--
From the Hazardous Materials Emergency Preparedness Fund established
under section 5116(h), the Secretary may expend $1,800,000 for each of
fiscal years 2022 through 2026 to carry out the grant program under
section 5107(j).''.
TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED TO LITHIUM CELLS AND
BATTERIES.
(a) Repeal.--Section 828 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 44701 note), and the item relating to such section in
the table of contents in section 1(b) of such Act, are repealed.
(b) Conforming Amendments.--Section 333 of the FAA Reauthorization
Act of 2018 (49 U.S.C. 44701 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(A) In general.--'' and
all that follows through ``the Secretary'' and
inserting ``The Secretary''; and
(ii) by striking subparagraph (B); and
(B) in paragraph (2) by striking ``Pursuant to
section 828 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 44701 note), the Secretary'' and
inserting ``The Secretary'';
(2) by striking paragraph (4) of subsection (b); and
(3) by striking paragraph (1) of subsection (h) and
inserting the following:
``(1) ICAO technical instructions.--The term `ICAO
Technical Instructions' means the International Civil Aviation
Organization Technical Instructions for the Safe Transport of
Dangerous Goods by Air.''.
(c) Lithium Battery Safety Evaluation and Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration, in coordination with
the Administrator of the Federal Aviation Administration, shall
evaluate outstanding recommendations of the National
Transportation Safety Board regarding transportation of lithium
batteries by air.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, a report on the
evaluation described in paragraph (1).
SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS BY RAIL TANK CAR.
(a) Stay of Authorization for Transportation of Liquefied Natural
Gas by Tank Car.--
(1) In general.--Any regulation authorizing the
transportation of liquefied natural gas by rail tank car issued
before the date of enactment of this Act shall have no force or
effect until--
(A) the Secretary of Transportation conducts the
evaluation, testing, and analysis required in
subsections (b), (c), and (d);
(B) the Secretary issues the report required by
subsection (e);
(C) the Comptroller General of the United States
completes the evaluation and report required under
subsection (g); and
(D) the Secretary issues a final rule updating the
regulation described in this paragraph that
incorporates the additional data, research, and
analysis required under this section.
(2) Permit or approval.--The Secretary shall rescind any
special permit or approval for the transportation of liquefied
natural gas by rail tank car issued before the date of
enactment of this Act.
(b) Evaluation.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Pipeline and Hazardous
Materials Safety Administration, in coordination with the Administrator
of the Federal Railroad Administration, shall initiate an evaluation of
the safety, security, and environmental risks of transporting liquefied
natural gas by rail.
(c) Testing.--In conducting the evaluation under subsection (a),
the Administrator of the Pipeline and Hazardous Materials Safety
Administration shall--
(1) perform physical testing of rail tank cars, including,
at a minimum, the DOT-113C120-W9 specification, to evaluate the
performance of such rail tank cars in the event of an accident
or derailment, including evaluation of the extent to which
design and construction features such as steel thickness and
valve protections prevent or mitigate the release of liquefied
natural gas;
(2) analyze multiple release scenarios, including
derailments, front-end collisions, rear-end collisions, side-
impact collisions, grade-crossing collisions, punctures, and
impact of an incendiary device, at a minimum of three speeds of
travel with a sufficient range of speeds to evaluate the
safety, security, and environmental risks posed under real-
world operating conditions; and
(3) examine the effects of exposure to climate conditions
across rail networks, including temperature, humidity, and any
other factors that the Administrator of the Federal Railroad
Administration determines could influence performance of rail
tank cars and components of such rail tank cars.
(d) Other Factors To Consider.--In conducting the evaluation under
subsection (b), the Administrator of the Pipeline and Hazardous
Materials Safety shall evaluate the impact of a discharge of liquefied
natural gas from a rail tank car on public safety and the environment,
and consider--
(1) the safety benefits of route restrictions, speed
restrictions, enhanced brake requirements, personnel
requirements, rail tank car technological requirements, and
other operating controls;
(2) the inclusion of consist restrictions, including
limitations on the arrangement and quantity of rail tank cars
carrying liquefied natural gas in any given consist;
(3) the identification of potential impact areas, and the
number of homes and structures potentially endangered by a
discharge in rural, suburban, and urban environments;
(4) the impact of discharge on the environment, including
air quality impacts;
(5) the benefits of advanced notification to the Department
of Transportation, State Emergency Response Commissions, and
Tribal Emergency Response Commissions of routes for moving
liquefied natural gas by rail tank car;
(6) how first responders respond to an incident, including
the extent to which specialized equipment or training would be
required and the cost to communities for acquiring any
necessary equipment or training;
(7) whether thermal radiation could occur from a discharge;
(8) an evaluation of the rail tank car authorized by the
Secretary of Transportation for liquefied natural gas or
similar cryogenic liquids, and a determination of whether
specific safety enhancements or new standards are necessary to
ensure the safety of rail transport of liquefied natural gas;
and
(9) the risks posed by the transportation of liquefied
natural gas by International Organization for Standardization
containers authorized by the Federal Railroad Administration.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate, and make available to the public--
(1) a report based on the evaluation and testing conducted
under subsections (b) and (c), which shall include the results
of the evaluation and testing and recommendations for
mitigating or eliminating the safety, security, environmental,
and other risks of an accident or incident involving the
transportation of liquefied natural gas by rail; and
(2) a complete list of all research related to the
transportation of liquefied natural gas by rail conducted by
the Federal Railroad Administration, the Pipeline and Hazardous
Materials Safety Administration, or any other entity of the
Federal Government since 2010 that includes, for each research
item--
(A) the title of any reports or studies produced
with respect to the research;
(B) the agency, entity, or organization performing
the research;
(C) the names of all authors and co-authors of any
report or study produced with respect to the research;
and
(D) the date any related report was published or is
expected to publish.
(f) Data Collection.--The Administrator of the Federal Railroad
Administration and the Administrator of the Pipeline and Hazardous
Materials Safety Administration shall collect any relevant data or
records necessary to complete the evaluation required by subsection
(b).
(g) GAO Report.--After the evaluation required by subsection (b)
has been completed, the Comptroller General shall conduct an
independent evaluation to verify that the Federal Railroad
Administration and the Pipeline and Hazardous Materials Safety
Administration complied with the requirements of this Act, and transmit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of such
independent evaluation.
(h) Funding.--From the amounts made available for fiscal year 2022
under section 5128(a) of title 49, United States Code, the Secretary
shall expend not less than $4,000,000 and not more than $6,000,000 to
carry out the evaluation under subsection (a).
SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIREMENTS AND GRANTS.
Section 5107 of title 49, United States Code, is amended by adding
at the end the following:
``(j) Assistance With Local Emergency Responder Training.--The
Secretary shall establish a program to make grants, on a competitive
basis, to nonprofit organizations to develop hazardous materials
response training for emergency responders and make such training
available electronically or in person.''.
SEC. 8204. LITHIUM BATTERY APPROVAL.
(a) In General.--Chapter 51 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5129. Lithium battery approval
``(a) Approval to Transport Certain Batteries in Commerce.--A
person may not transport in commerce a specified lithium battery that
is determined by the Secretary to be a high safety or security risk
unless--
``(1) the manufacturer of such battery receives an approval
from the Secretary; and
``(2) the manufacture of such battery meets the
requirements of this section and the regulations issued under
subsection (d).
``(b) Term of Approval.--An approval granted to a manufacturer
under this section shall not exceed 5 years.
``(c) Approval Process.--To receive an approval for a specified
lithium battery under this section, a manufacturer shall--
``(1) allow the Secretary, or an entity designated by the
Secretary, to inspect the applicant's manufacturing process and
procedures;
``(2) bear the cost of any inspection carried out under
paragraph (1); and
``(3) develop and implement, with respect to the
manufacture of such battery--
``(A) a comprehensive quality management program;
and
``(B) appropriate product identification, marking,
documentation, lifespan, and tracking measures.
``(d) Regulations Required.--Not later than 2 years after the date
of enactment of this section, the Secretary shall issue regulations to
carry out this section. Such regulations shall include--
``(1) parameters for, and a process for receiving, an
approval under this section; and
``(2) a determination of the types of specified lithium
batteries that pose a high safety or security risk in
transport, including battery or cell type, size, and energy
storage capacity.
``(e) Rule of Construction.--Nothing in this section shall be
construed--
``(1) to affect any provision, limitation, or prohibition
with respect to the transportation of a specified lithium
battery in effect as of the date of enactment of this section;
or
``(2) to authorize transportation of any such battery if
such transportation is not already authorized as of the date of
enactment of this section.
``(f) Specified Lithium Battery Defined.--In this section, the term
`specified lithium battery' means--
``(1) a lithium ion cell or battery; or
``(2) a lithium metal cell or battery.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 49,
United States Code, is amended by adding at the end the following:
``5129. Lithium battery approval.''.
SEC. 8205. TRANSPORTATION OF CARBON DIOXIDE.
The Secretary of Transportation may not propose, issue, or enforce
any rule, regulation, or guidance that prohibits the bulk
transportation of captured carbon dioxide, in solid, liquid, or gaseous
form, by pipeline, rail, or ship.
SEC. 8206. SEISMICITY.
(a) In General.--Not later than 90 days after the date of enactment
of this section, the Secretary of Transportation, in consultation with
the Federal Energy Regulatory Commission, shall enter into an agreement
with the National Academy of Sciences under which the National Academy
of Sciences shall prepare a report containing--
(1) the results of a study that--
(A) evaluates the current Federal requirements for
pipeline facility design, siting, construction,
operation and maintenance, and integrity management,
relating to seismicity, land subsidence, landslides,
slope instability, frost heave, soil settlement,
erosion, and other dynamic geologic conditions that may
pose a safety risk;
(B) identifies any discrepancy in such requirements
that apply to operators of gas pipeline facilities and
hazardous liquid pipeline facilities; and
(C) identifies any deficiencies in industry
practices related to such requirements; and
(2) any recommendations of the National Academy of Sciences
based on such results.
(b) Report to Congress.--Upon completion of the report prepared
pursuant to subsection (a), the National Academy of Sciences shall
submit to the Secretary of Transportation, the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Energy and Commerce of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate
the report.
(c) Pipeline Facilities.--In this section, the term ``pipeline
facility'' has the meaning given that term in section 60101 of title
49, United States Code.
DIVISION D--RAIL
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Transforming Rail by
Accelerating Investment Nationwide Act'' or the ``TRAIN Act''.
TITLE I--AUTHORIZATIONS
SEC. 9101. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Grants to Amtrak.--
(1) Northeast corridor.--There are authorized to be
appropriated to the Secretary of Transportation for the use of
Amtrak for activities associated with the Northeast Corridor
the following amounts:
(A) For fiscal year 2022, $2,500,000,000.
(B) For fiscal year 2023, $2,600,000,000.
(C) For fiscal year 2024, $2,700,000,000.
(D) For fiscal year 2025, $2,800,000,000.
(E) For fiscal year 2026, $2,900,000,000.
(2) National network.--There are authorized to be
appropriated to the Secretary for the use of Amtrak for
activities associated with the National Network the following
amounts:
(A) For fiscal year 2022, $3,500,000,000.
(B) For fiscal year 2023, $3,600,000,000.
(C) For fiscal year 2024, $3,700,000,000.
(D) For fiscal year 2025, $3,800,000,000.
(E) For fiscal year 2026, $3,900,000,000.
(b) Project Management Oversight.--The Secretary may withhold up to
one-half of one percent annually from the amounts made available under
subsection (a) for oversight.
(c) Amtrak Common Benefit Costs for State-Supported Routes.-- For
fiscal year 2022, if funds are made available under subsection (a)(2)
in excess of the amounts authorized for fiscal year 2020 under section
11101(b) of the FAST Act (Public Law 114-94), Amtrak shall use up to
$250,000,000 of the excess funds to defray the share of operating costs
of Amtrak's national assets (as such term is defined in section
24320(c)(5) of title 49, United States Code) and corporate services (as
such term is defined pursuant to section 24317(b) of title 49, United
States Code) that is allocated to the State-supported services. After
the update of the cost methodology policy required under section
24712(a)(7)(B) of title 49, United States Code, is implemented, there
are authorized to be appropriated to the Secretary for the use of
Amtrak such sums as may be necessary for each of the fiscal years 2023
through 2026 for the implementation of the updated policy.
(d) State-Supported Route Committee.--Of the funds made available
under subsection (a)(2), the Secretary may make available up to
$4,000,000 for each fiscal year for the State-Supported Route Committee
established under section 24712 of title 49, United States Code.
(e) Northeast Corridor Commission.--Of the funds made available
under subsection (a)(1), the Secretary may make available up to
$6,000,000 for each fiscal year for the Northeast Corridor Commission
established under section 24905 of title 49, United States Code.
(f) Authorization of Appropriations for Amtrak Office of Inspector
General.--There are authorized to be appropriated to the Office of
Inspector General of Amtrak the following amounts:
(1) For fiscal year 2022, $26,500,000.
(2) For fiscal year 2023, $27,000,000.
(3) For fiscal year 2024, $27,500,000.
(4) For fiscal year 2025, $28,000,000.
(5) For fiscal year 2026, $28,500,000.
(g) Passenger Rail Improvement, Modernization, and Expansion
Grants.--
(1) There are authorized to be appropriated to the
Secretary to carry out section 22906 of title 49, United States
Code, the following amounts:
(A) For fiscal year 2022, $5,800,000,000.
(B) For fiscal year 2023, $5,900,000,000.
(C) For fiscal year 2024, $6,000,000,000.
(D) For fiscal year 2025, $6,100,000,000.
(E) For fiscal year 2026, $6,200,000,000.
(2) Project management oversight.--The Secretary may
withhold up to 1 percent of the total amount appropriated under
paragraph (1) for the costs of program management oversight,
including providing technical assistance and project planning
guidance, of grants carried out under section 22906 of title
49, United States Code.
(3) High-speed rail corridor planning.--The Secretary shall
withhold at least 4 percent of funding in paragraph (1) for the
purposes described in section 22906(a)(1)(B) of title 49,
United States Code. Any funds withheld by this paragraph that
remain unobligated at the end of the fiscal year following the
fiscal year in which such funds are made available may be used
for any eligible project under section 22906 of such title.
(h) Consolidated Rail Infrastructure and Safety Improvements.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22907 of title 49, United
States Code, the following amounts:
(A) For fiscal year 2022, $1,200,000,000.
(B) For fiscal year 2023, $1,300,000,000.
(C) For fiscal year 2024, $1,400,000,000.
(D) For fiscal year 2025, $1,500,000,000.
(E) For fiscal year 2026, $1,600,000,000.
(2) Project management oversight.--The Secretary may
withhold up to 2 percent of the total amount appropriated under
paragraph (1) for the costs of program management oversight,
including providing technical assistance and project planning
guidance, of grants carried out under section 22907 of title
49, United States Code.
(3) Rail safety public awareness.--Of the amounts made
available under paragraph (1), the Secretary may make available
up to $5,000,000 for each of fiscal years 2022 through 2026 to
make grants under section 22907(o) of title 49, United States
Code.
(4) Railroad trespassing enforcement.--Of the amounts made
available under paragraph (1), the Secretary may make available
up to $250,000 for each of fiscal years 2022 through 2026 to
make grants under section 22907(p) of title 49, United States
Code.
(5) Railroad trespassing suicide prevention.--Of the
amounts made available under paragraph (1), the Secretary may
make available up to $1,000,000 for each of fiscal years 2022
through 2026 to make grants under section 22907(q) of title 49,
United States Code.
(i) Bridges, Stations, and Tunnels Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22909 of title 49, United
States Code, the following amounts:
(A) For fiscal year 2022, $4,800,000,000.
(B) For fiscal year 2023, $4,900,000,000.
(C) For fiscal year 2024, $5,000,000,000.
(D) For fiscal year 2025, $5,100,000,000.
(E) For fiscal year 2026, $5,200,000,000.
(2) Project management oversight.--The Secretary may
withhold up to one half of 1 percent of the total amount
appropriated under paragraph (1) for the costs of program
management oversight, including providing technical assistance
and project planning guidance, of grants carried out under
section 22909 of title 49, United States Code.
(j) Railroad Rehabilitation and Improvement Financing.--
(1) In general.--There are authorized to be appropriated to
the Secretary for payment of credit risk premiums in accordance
with section 502(f)(1) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(1)) the
following amounts, to remain available until expended:
(A) For fiscal year 2022, $160,000,000.
(B) For fiscal year 2023, $170,000,000.
(C) For fiscal year 2024, $180,000,000.
(D) For fiscal year 2025, $190,000,000.
(E) For fiscal year 2026, $200,000,000.
(2) Refund of premium.--There are authorized to be
appropriated to the Secretary $70,000,000 to repay the credit
risk premium under section 502 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822) for each loan
in cohort 3, as defined by the memorandum to the Office of
Management and Budget of the Department of Transportation dated
November 5, 2018, with interest accrued thereon, not later than
60 days after the date on which all obligations attached to
each such loan have been satisfied. For each such loan for
which obligations have been satisfied as of the date of
enactment of this Act, the Secretary shall repay the credit
risk premium of each such loan, with interest accrued thereon,
not later than 60 days after the date of the enactment of this
Act.
(k) Restoration and Enhancement Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22908 of title 49, United
States Code, $20,000,000 for each of fiscal years 2022 through
2026.
(2) Project management oversight.--The Secretary may
withhold up to 1 percent from the total amounts appropriated
under paragraph (1) for the costs of project management
oversight of grants carried out under section 22908 of title
49, United States Code.
(l) Grade Crossing Separation Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22912 of title 49, United
States Code, (as added by section 9551 of this Act) the
following amounts:
(A) For fiscal year 2022, $450,000,000.
(B) For fiscal year 2023, $475,000,000.
(C) For fiscal year 2024, $500,000,000.
(D) For fiscal year 2025, $525,000,000.
(E) For fiscal year 2026, $550,000,000.
(2) Project management oversight.--The Secretary may
withhold up to 2 percent from the total amounts appropriated
under paragraph (1) for the costs of project management
oversight, including providing technical assistance and project
planning guidance, of grants carried out under section 22912 of
title 49, United States Code.
(m) Authorization of Appropriations to the Federal Railroad
Administration.--Section 20117 of title 49, United States Code, is
amended to read as follows:
``Sec. 20117. Authorization of appropriations
``(a) Safety and Operations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Transportation for the operations of the
Federal Railroad Administration and to carry out railroad
safety activities authorized or delegated to the
Administrator--
``(A) $290,500,000 for fiscal year 2022;
``(B) $303,300,000 for fiscal year 2023;
``(C) $316,100,000 for fiscal year 2024;
``(D) $324,400,000 for fiscal year 2025; and
``(E) $332,900,000 for fiscal year 2026.
``(2) Automated track inspection program and data
analysis.--From the funds made available under paragraph (1)
for each of fiscal years 2022 through 2026, not more than
$17,000,000 may be expended for the Automated Track Inspection
Program and data analysis related to track inspection. Such
funds shall remain available until expended.
``(3) State participation grants.--Amounts made available
under paragraph (1) for grants under section 20105(e) shall
remain available until expended.
``(4) Regional planning guidance.--The Secretary may
withhold up to $20,000,000 from the amounts made available for
each fiscal year under paragraph (1) to facilitate and provide
guidance for regional planning processes, including not more
than $500,000 annually for each interstate rail compact.
``(5) Railroad safety inspectors.--
``(A) In general.--The Secretary shall ensure that
the number of full-time equivalent railroad safety
inspection personnel employed by the Office of Railroad
Safety of the Federal Railroad Administration does not
fall below the following:
``(i) 379 for fiscal year 2022;
``(ii) 403 for fiscal year 2023;
``(iii) 422 for fiscal year 2024;
``(iv) 424 for fiscal year 2025; and
``(v) 426 for fiscal year 2026.
``(B) Consideration.--In meeting the minimum
railroad safety inspector levels under subparagraph
(A), the Secretary shall consider the ability of
railroad safety inspectors to analyze railroad safety
data.
``(C) Funding.--From the amounts made available to
the Secretary under subsection (a)(1), the Secretary
shall use the following amounts to carry out
subparagraph (A):
``(i) $3,244,104 for fiscal year 2022.
``(ii) $6,488,208 for fiscal year 2023.
``(iii) $9,056,457 for fiscal year 2024.
``(iv) $9,326,799 for fiscal year 2025.
``(v) $9,597,141 for fiscal year 2026.
``(6) Other safety personnel.--
``(A) Increase in number of support employees.--The
Secretary shall, for each of fiscal years 2022 and
2023, increase by 10 the total number of full-time
equivalent employees working as specialists, engineers,
or analysts in the field supporting inspectors compared
to the number of such employees employed in the
previous fiscal year.
``(B) Funding.--From the amounts made available to
the Secretary under subsection (a)(1), the Secretary
shall use the following amounts to carry out
subparagraph (A):
``(i) $1,631,380 for fiscal year 2022.
``(ii) $3,262,760 for fiscal year 2023.
``(iii) $3,262,760 for fiscal year 2024.
``(iv) $3,262,760 for fiscal year 2025.
``(v) $3,262,760 for fiscal year 2026.
``(b) Railroad Research and Development.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation for necessary expenses for carrying out railroad
research and development activities the following amounts which
shall remain available until expended:
``(A) $67,000,000 for fiscal year 2022.
``(B) $69,000,000 for fiscal year 2023.
``(C) $71,000,000 for fiscal year 2024.
``(D) $73,000,000 for fiscal year 2025.
``(E) $75,000,000 for fiscal year 2026.
``(2) Short line safety.--From funds made available under
paragraph (1) for each of fiscal years 2022 through 2026, the
Secretary may expend not more than $4,000,000--
``(A) for grants to improve safety practices and
training for Class II and Class III freight, commuter,
and intercity passenger railroads; and
``(B) to develop safety management systems for
Class II and Class III freight, commuter, and intercity
passenger railroads through the continued development
of safety culture assessments, transportation emergency
response plans, training and education, outreach
activities, best practices for trespassing prevention
and employee trauma response, and technical assistance.
``(3) University rail climate innovation institute.--
``(A) In general.--Of the amounts made available
under paragraph (1), the Secretary may make available
up to $20,000,000 for each of fiscal years 2022 through
2026 to establish the University Rail Climate
Innovation Institute under section 22913.
``(B) Project management oversight.--The Secretary
may withhold up to 1 percent from the total amounts
appropriated under subparagraph (A) for the costs of
project management oversight of the grant carried out
under section 22913.
``(4) Suicide prevention research funding.--From funds made
available under paragraph (1) for each of fiscal years 2022
through 2026, the Secretary may make available not less than
$1,000,000 for human factors research undertaken by the Federal
Railroad Administration, including suicide countermeasure
evaluation, data exploration and quality improvement, and other
initiatives as appropriate.''.
(n) Limitation on Financial Assistance for State-Owned
Enterprises.--
(1) In general.--Funds provided under this section and the
amendments made by this section may not be used in awarding a
contract, subcontract, grant, or loan to an entity that is
owned or controlled by, is a subsidiary of, or is otherwise
related legally or financially to a corporation based in a
country that--
(A) is identified as a nonmarket economy country
(as defined in section 771(18) of the Tariff Act of
1930 (19 U.S.C. 1677(18))) as of the date of enactment
of this Act;
(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
(2) Exception.--For purposes of paragraph (1), the term
``otherwise related legally or financially'' does not include a
minority relationship or investment.
(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
(o) Rail Trust Fund.--
(1) In general.--
(A) Funding.--Beginning on the date on which a rail
trust fund is established, any amounts made available
under subsections (a), (g), (h), (i), (j)(1), (k), and
(l) shall be derived from such fund.
(B) Rail trust fund defined.--In this subsection,
the term ``rail trust fund'' means a trust fund
established under the Internal Revenue Code of 1986 for
making certain expenditures for the benefit of rail and
for crediting certain taxes and penalties collected
relating to rail.
(2) Sense of committee on need for rail trust fund.--The
following is the sense of the Committee on Transportation and
Infrastructure of the House of Representatives:
(A) There is a discrepancy in historical Federal
investment between highways, aviation, and intercity
passenger rail. Between 1949 and 2017, the Federal
Government invested more than $2 trillion in our
nation's highways and over $777 billion in aviation.
The Federal Government has invested $96 billion in
intercity passenger rail, beginning in 1971 with the
creation of the National Railroad Passenger
Corporation. Intercity passenger rail Federal
investment is only 12 percent of Federal aviation
investment and less than 5 percent of Federal highway
investment.
(B) Congress has recognized the value and
importance of a predictable, dedicated funding source
through a trust fund for all other modes of
transportation including for aviation, highways,
transit, and waterways. The Highway Trust Fund was
created in 1956. The Airport and Aviation Trust Fund
was created in 1970. The Inland Waterways Trust Fund
was created in 1978. Mass transit was added to the
Highway Trust Fund in 1983. The Harbor Maintenance
Trust Fund was created in 1986. With regard to Federal
transportation investment, only intercity passenger and
freight rail do not have a predictable, dedicated
funding source through a trust fund.
(C) The Federal Railroad Administration has
identified more than $300 billion worth of investment
needed to develop both high-speed and higher speed
intercity passenger rail corridors around the United
States. In addition, a Federal Railroad Administration
report from 2014 found that shortline and regional
railroads need $7 billion of investment. The Northeast
Corridor has a $40 billion state of good repair
backlog.
(D) A rail trust fund would provide a predictable,
dedicated funding source to high-speed and intercity
passenger rail projects and for the public benefits of
shortline and regional railroad freight rail projects.
A trust fund provides essential longer term funding
certainty to allow the United States to develop quality
intercity passenger rail service in corridors across
the country, eliminate the state of good repair backlog
on the Northeast Corridor, allow for accessible
equipment and stations for passengers with
disabilities, move more freight on rail, redevelop an
American passenger rail car manufacturing base, create
good paying, middle class jobs, and reduce our nation's
transportation carbon emissions.
SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND EXPANSION
GRANTS.
(a) In General.--Section 22906 of title 49, United States Code, is
amended to read as follows:
``Sec. 22906. Passenger rail improvement, modernization, and expansion
grants
``(a) In General.--
``(1) Establishment.--The Secretary of Transportation shall
establish a program to make grants to eligible applicants for--
``(A) capital projects that--
``(i) provide high-speed rail or intercity
rail passenger transportation;
``(ii) improve high-speed rail or intercity
rail passenger performance, including
congestion mitigation, reliability
improvements, achievement of on-time
performance standards established under section
207 of the Rail Safety Improvement Act of 2008
(49 U.S.C. 24101 note), reduced trip times,
increased train frequencies, higher operating
speeds, electrification, and other
improvements, as determined by the Secretary;
and
``(iii) expand or establish high-speed rail
or intercity rail passenger transportation and
facilities; or
``(B) corridor planning activities for high-speed
rail described in section 26101(b).
``(2) Purposes.--Grants under this section shall be for
projects that improve mobility, operational performance, or
growth of high-speed rail or intercity rail passenger
transportation.
``(b) Definitions.--In this section:
``(1) Eligible applicant.--The term `eligible applicant'
means--
``(A) a State;
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered
authority established by 1 or more States;
``(E) a political subdivision of a State;
``(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States; or
``(G) an Indian Tribe.
``(2) Capital project.--The term `capital project' means--
``(A) a project or program for acquiring,
constructing, or improving--
``(i) passenger rolling stock;
``(ii) infrastructure assets, including
tunnels, bridges, stations, track and track
structures, communication and signalization
improvements; and
``(iii) a facility of use in or for the
primary benefit of high-speed or intercity rail
passenger transportation;
``(B) project planning, development, design,
engineering, location surveying, mapping, environmental
analysis or studies;
``(C) acquiring right-of-way or payments for rail
trackage rights agreements;
``(D) making highway-rail grade crossing
improvements related to high-speed rail or intercity
rail passenger transportation service;
``(E) electrification;
``(F) mitigating environmental impacts, including
through advance mitigation; or
``(G) a project relating to other assets determined
appropriate by the Secretary.
``(3) Intercity rail passenger transportation.--The term
`intercity rail passenger transportation' has the meaning given
such term in section 24102.
``(4) High-speed rail.--The term `high-speed rail' has the
meaning given such term in section 26105.
``(5) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(6) Socially disadvantaged individuals.--The term
`socially disadvantaged individuals' has the meaning given the
term `socially and economically disadvantaged individuals' in
section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
``(c) Project Requirements.--
``(1) Requirements.--To be eligible for a grant under this
section, an eligible applicant shall demonstrate that such
applicant has or will have--
``(A) the legal, financial, and technical capacity
to carry out the project;
``(B) satisfactory continuing control over the use
of the equipment or facilities that are the subject of
the project; and
``(C) an agreement in place for maintenance of such
equipment or facilities.
``(2) High-speed rail requirements.--
``(A) Corridor planning activities.--
Notwithstanding paragraph (1), the Secretary shall
evaluate projects described in subsection (a)(1)(B)
based on the criteria under section 26101(c).
``(B) High-speed rail project requirements.--To be
eligible for a grant for a high-speed rail project, an
eligible applicant shall demonstrate compliance with
section 26106(e)(2)(A).
``(d) Project Selection Criteria.--
``(1) Priority.--In selecting a project for a grant under
this section, the Secretary shall give preference to projects
that--
``(A) are supported by multiple States or are
included in a multi-state regional plan or planning
process;
``(B) achieve environmental benefits such as a
reduction in greenhouse gas emissions or an improvement
in local air quality; or
``(C) improve service to and investment in socially
disadvantaged individuals.
``(2) Additional considerations.--In selecting an applicant
for a grant under this section, the Secretary shall consider--
``(A) the proposed project's anticipated
improvements to high-speed rail or intercity rail
passenger transportation, including anticipated public
benefits on the--
``(i) effects on system and service
performance;
``(ii) effects on safety, competitiveness,
reliability, trip or transit time, and
resilience;
``(iii) overall transportation system,
including efficiencies from improved
integration with other modes of transportation
or benefits associated with achieving modal
shifts;
``(iv) ability to meet existing,
anticipated, or induced passenger or service
demand; and
``(v) projected effects on regional and
local economies along the corridor, including
increased competitiveness, productivity,
efficiency, and economic development;
``(B) the eligible applicant's past performance in
developing and delivering similar projects;
``(C) if applicable, the consistency of the project
with planning guidance and documents set forth by the
Secretary or required by law; and
``(D) if applicable, agreements between all
stakeholders necessary for the successful delivery of
the project.
``(3) Additional screening for high-speed rail.--In
selecting an applicant for a grant under this section, for
high-speed rail projects, the Secretary shall, in addition to
the application of paragraphs (1) and (2), apply the selection
and consideration criteria described in subparagraphs (B) and
(C) of section 26106(e)(2).
``(e) Federal Share of Total Project Costs.--
``(1) Total project cost estimate.--The Secretary shall
estimate the total cost of a project under this section based
on the best available information, including engineering
studies, studies of economic feasibility, environmental
analyses, and information on the expected use of equipment or
facilities.
``(2) Federal share.--The Federal share of total project
costs under this section shall not exceed 90 percent.
``(3) Treatment of revenue.--Applicants may use ticket and
other revenues generated from operations and other sources to
satisfy the non-Federal share requirements.
``(f) Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a recipient of
a grant under this section that--
``(A) announces an intention to obligate, for a
project under this section, an amount that is not more
than the amount stipulated as the financial
participation of the Secretary in the project,
regardless of authorized amounts; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal
Government; and
``(ii) is subject to the availability of
appropriations for grants under this section
and subject to Federal laws in force or enacted
after the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 3 days before
issuing a letter of intent under paragraph (1), the
Secretary shall submit written notification to--
``(i) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(ii) the Committee on Appropriations of
the House of Representatives;
``(iii) the Committee on Appropriations of
the Senate; and
``(iv) the Committee on Commerce, Science,
and Transportation of the Senate.
``(B) Contents.--The notification submitted under
subparagraph (A) shall include--
``(i) a copy of the letter of intent;
``(ii) the criteria used under subsection
(d) for selecting the project for a grant; and
``(iii) a description of how the project
meets such criteria.
``(g) Appropriations Required.--An obligation may be made under
this section only when amounts are appropriated for such purpose.
``(h) Availability.--Amounts made available to carry out this
section shall remain available until expended.
``(i) Grant Conditions.--Except as specifically provided in this
section, the use of any amounts appropriated for grants under this
section shall be subject to the grant conditions under section 22905,
except that the domestic buying preferences of section 24305(f) shall
apply to Amtrak in lieu of the requirements of section 22905(a).''.
(b) Clerical Amendment.--The item relating to section 22906 in the
analysis for chapter 229 of title 49, United States Code, is amended to
read as follows:
``22906. Passenger rail improvement, modernization, and expansion
grants.''.
(c) Definition of Satisfactory Continuing Control.--Section 22901
of title 49, United States Code, is amended by adding at the end the
following:
``(4) Satisfactory continuing control.--The term
`satisfactory continuing control' means the continuing ability
to utilize and ensure maintenance of an asset as a result of
full or partial ownership, lease, operating or other
enforceable contractual agreements, or statutory access
rights.''.
SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENT
GRANTS.
Section 22907 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1) by
striking ``The following'' and inserting ``Except as
provided in subsections (o), (p), and (q), the
following'';
(B) in paragraph (1) by inserting ``or the District
of Columbia'' before the period;
(C) in paragraph (10) by striking ``transportation
center''; and
(D) by adding at the end the following:
``(12) A commuter authority (as such term is defined in
section 24102).
``(13) An Indian Tribe.'';
(2) in subsection (c)--
(A) in paragraph (1) by inserting ``and upgrades''
after ``Deployment'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (12) as
paragraphs (2) through (11), respectively;
(D) in paragraph (2), as so redesignated, by
inserting ``or safety'' after ``address congestion'';
(E) in paragraph (3), as so redesignated, by
striking ``identified by the Secretary'' and all that
follows through ``rail transportation'' and inserting
``to improve service or facilitate ridership growth in
intercity rail passenger transportation or commuter
rail passenger transportation (as such term is defined
in section 24102)'';
(F) in paragraph (4), as so redesignated, by
inserting ``to establish new quiet zones or'' after
``engineering improvements'';
(G) in paragraph (9), as so redesignated, by
inserting ``, including for suicide prevention and
other rail trespassing prevention'' before the period;
(3) in subsection (e)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--In selecting a recipient of a grant for
an eligible project, the Secretary shall give preference to--
``(A) projects that will maximize the net benefits
of the funds made available for use under this section,
considering the cost-benefit analysis of the proposed
project, including anticipated private and public
benefits relative to the costs of the proposed project
and factoring in the other considerations described in
paragraph (2); and
``(B) projects that improve service to, or provide
direct benefits to, socially disadvantaged individuals
(as defined in section 22906(b)), including relocating
or mitigating infrastructure that limits community
connectivity, including mobility, access, or economic
development of such individuals.''; and
(B) in paragraph (3) by striking ``paragraph
(1)(B)'' and inserting ``paragraph (1)(A)'';
(4) in subsection (h)(2) by inserting ``, except that a
grant for a capital project involving zero-emission locomotive
technologies shall not exceed an amount in excess of 90 percent
of the total project costs'' before the period.
(5) by redesignating subsections (i), (j), and (k) as
subsections (l), (m), and (n) respectively; and
(6) by inserting after subsection (h) the following:
``(i) Large Projects.--Of the amounts made available under this
section, at least 25 percent shall be for projects that have total
project costs of greater than $100,000,000.
``(j) Commuter Rail.--
``(1) Administration of funds.--The amounts awarded under
this section for commuter rail passenger transportation
projects shall be transferred by the Secretary, after
selection, to the Federal Transit Administration for
administration of funds in accordance with chapter 53.
``(2) Grant condition.--
``(A) In general.--Notwithstanding section
22905(f)(1) and 22907(j)(1), as a condition of
receiving a grant under this section that is used to
acquire, construct, or improve railroad right-of-way or
facilities, any employee covered by the Railway Labor
Act (45 U.S.C. 151 et seq.) and the Railroad Retirement
Act of 1974 (45 U.S.C. 231 et seq.) who is adversely
affected by actions taken in connection with the
project financed in whole or in part by such grant
shall be covered by employee protective arrangements
established under section 22905(e).
``(B) Application of protective arrangement.--The
grant recipient and the successors, assigns, and
contractors of such recipient shall be bound by the
protective arrangements required under subparagraph
(A). Such recipient shall be responsible for the
implementation of such arrangement and for the
obligations under such arrangement, but may arrange for
another entity to take initial responsibility for
compliance with the conditions of such arrangement.
``(3) Application of law.--Subsection (g) of section 22905
shall not apply to grants awarded under this section for
commuter rail passenger transportation projects.
``(k) Definition of Capital Project.--In this section, the term
`capital project' means a project or program for--
``(1) acquiring, constructing, improving, or inspecting
equipment, track and track structures, or a facility, expenses
incidental to acquisition or construction (including project-
level planning, designing, engineering, location surveying,
mapping, environmental studies, and acquiring right-of-way),
payments for rail trackage rights agreements, highway-rail
grade crossing improvements, mitigating environmental impacts,
communication and signalization improvements, relocation
assistance, acquiring replacement housing sites, and acquiring,
constructing, relocating, and rehabilitating replacement
housing;
``(2) rehabilitating, remanufacturing, or overhauling rail
rolling stock and facilities;
``(3) costs associated with developing State or multi-State
regional rail plans; and
``(4) the first-dollar liability costs for insurance
related to the provision of intercity passenger rail service
under section 22904.''; and
(7) by striking subsection (l).
SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
(a) In General.--Section 502 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting
``civil works such as cuts and fills, stations,
tunnels,'' after ``components of track,''; and
(ii) in subparagraph (D) by inserting ``,
permitting,'' after ``reimburse planning''; and
(B) by striking paragraph (3);
(2) by striking subsection (e)(1) and inserting the
following:
``(1) Direct loans.--The interest rate on a direct loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the
maturity of the direct loan on the date of execution of the
loan agreement.'';
(3) in subsection (f)--
(A) in paragraph (1) by adding ``The Secretary
shall only apply appropriations of budget authority to
cover the costs of direct loans and loan guarantees as
required under section 504(b)(1) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661c(b)(1)), including the
cost of a modification thereof, in whole or in part,
for entities described in paragraphs (1) through (3) of
subsection (a), or a rail carrier (as such term is
defined in section 10102(5) of title 49, United States
Code) with demonstrated support from at least one of
such entities for high-speed rail activities described
in section 26101 or 26106 of title 49, United States
Code.'' at the end;
(B) in paragraph (3) by striking subparagraph (C)
and inserting the following:
``(C) An investment-grade rating on the direct loan
or loan guarantee, as applicable, if the total amount
of the direct loan or loan guarantee is less than
$100,000,000.
``(D) In the case of a total amount of a direct
loan or loan guarantee greater than $100,000,000, an
investment-grade rating from at least 2 rating agencies
on the direct loan or loan guarantee, or an investment-
grade rating on the direct loan or loan guarantee and a
projection of freight or passenger demand for the
project based on regionally developed economic
forecasts, including projections of any modal diversion
resulting from the project.''; and
(C) by adding at the end the following:
``(5) Repayment of credit risk premiums.--The Secretary
shall return credit risk premiums paid, and interest accrued
thereon, to the original source when all obligations of a loan
or loan guarantee have been satisfied. This paragraph applies
to any project that has been granted assistance under this
section after the date of enactment of the TRAIN Act.''; and
(4) by adding at the end the following:
``(n) Non-Federal Share.--The proceeds of a loan provided under
this section shall be used as the non-Federal share of project costs
under this title and title 49 if such loan is repayable from non-
Federal funds.
``(o) Buy America.--
``(1) In general.--In awarding direct loans or loan
guarantees under this section, the Secretary shall require each
recipient to comply with section 22905(a) of title 49, United
States Code.
``(2) Specific compliance.--Notwithstanding paragraph (1),
the Secretary shall require--
``(A) Amtrak to comply with section 24305(f) of
title 49, United States Code; and
``(B) a commuter authority (as defined in section
24102 of title 49, United States Code) to comply with
section 5320 of title 49, United States Code.''.
(b) Guidance.--Not later than 9 months after the date of enactment
of this Act, the Secretary shall publish guidance that provides
applicants for assistance under section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822)
information regarding the types of data, assumptions, and other factors
typically used to calculate credit risk premiums required under
subsection (f) of such section. Such guidance shall include information
to help applicants understand how different factors may increase or
decrease such credit risk premiums.
SEC. 9105. BRIDGES, STATIONS, AND TUNNELS (BEST) GRANT PROGRAM.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 22909. Bridges, stations, and tunnels (BeST) grant program
``(a) In General.--The Secretary of Transportation shall establish
a program (in this section referred to as the `BeST Program') to
provide grants to eligible entities for major capital projects included
in the BeST Inventory established under subsection (b) for rail
bridges, stations, and tunnels that are publicly owned or owned by
Amtrak to make safety, capacity, and mobility improvements.
``(b) BeST Inventory.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of the TRAIN Act, the Secretary shall
establish, and publish on the website of the Department of
Transportation an inventory (in this section referred to as the
`BeST Inventory') for publicly owned and Amtrak owned major
capital projects designated by the Secretary to be eligible for
funding under this section. The BeST Inventory shall include
major capital projects to acquire, refurbish, rehabilitate, or
replace rail bridges, stations, or tunnels and any associated
and co-located projects.
``(2) Considerations.--In selecting projects for inclusion
in the BeST Inventory, the Secretary shall give priority to
projects that provide the most benefit for intercity passenger
rail service in relation to estimated costs and that are less
likely to secure all of the funding required from other
sources.
``(3) Updates to best inventory.--Every 2 years after the
establishment of the BeST Inventory under paragraph (1), the
Secretary shall update the BeST Inventory and include it in its
annual budget justification.
``(4) Eligibility for best inventory.--Projects included in
the BeST Inventory--
``(A) shall be--
``(i) consistent with the record of
decision issued by the Federal Railroad
Administration in July 2017 titled `NEC FUTURE:
A Rail Investment Plan for the Northeast
Corridor' (known as the `Selected
Alternative');
``(ii) consistent with the most recent
service development plan under section 24904(a)
(hereinafter in this section referred to as the
`Service Development Plan'); and
``(iii) located in a territory for which a
cost allocation policy is maintained pursuant
to section 24905(c); or
``(B) shall be consistent with a multi-state
regional planning document equivalent to the document
referred to in subparagraph (A)(ii) with a completed
Tier I environmental review of such document pursuant
to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(5) Project funding sequencing.--The Secretary shall
determine the order of priority for projects in the BeST
Inventory based on projects identified in paragraph (4) and
project management plans as described in subsection (d). The
Secretary may alter the BeST Inventory as necessary if eligible
entities are not carrying out the schedule identified in the
Inventory.
``(6) Terms.--The Secretary shall ensure the BeST Inventory
establishes, for each project included in such Inventory--
``(A) the roles and terms of participation by any
railroad bridge, station, or tunnel owners and railroad
carriers in the project; and
``(B) the schedule for such project that ensures
efficient completion of the project.
``(7) Special financial rules.--
``(A) In general.--Projects listed in the BeST
Inventory may include an agreement with a commitment,
contingent on future amounts to be specified in law for
commitments under this paragraph, to obligate an
additional amount from future available budget
authority specified in law.
``(B) Statement of contingent commitment.--An
obligation or administrative commitment under this
paragraph may be made only when amounts are
appropriated. An agreement shall state that any
contingent commitment is not an obligation of the
Federal Government, and is subject to the availability
of appropriations under Federal law and to Federal laws
in force or enacted after the date of the contingent
commitment.
``(C) Financing costs.--Financing costs of carrying
out the project may be considered a cost of carrying
out the project under the BeST Inventory.
``(c) Expenditure of Funds.--
``(1) Federal share of total project costs.--The Federal
share for the total cost of a project under this section shall
not exceed 90 percent.
``(2) Non-federal share.--A recipient of funds under this
section may use any source of funds, including other Federal
financial assistance, to satisfy the non-Federal funds
requirement. The non-Federal share for a grant provided under
this section shall be consistent with section 24905(c) or
section 24712(a)(7) if either such section are applicable to
the railroad territory at the project location.
``(3) Availability of funds.--Funds made available under
this section shall remain available for obligation by the
Secretary for a period of 10 years after the last day of the
fiscal year for which the funds are appropriated, and remain
available for expenditure by the recipient of grant funds
without fiscal year limitation.
``(4) Eligible uses.--Funds made available under this
section may be used for projects contained in the most recent
BeST Inventory, including pre-construction expenses and the
acquisition of real property interests.
``(5) Funds awarded to amtrak.--Grants made to Amtrak shall
be provided in accordance with the requirements of chapter 243.
``(6) Grant conditions.--Except as provided in this
section, the use of any amounts made available for grants under
this section shall be subject to the grant requirements in
section 22905.
``(d) Project Management.--
``(1) Submission of project management plans.--The
Secretary shall establish a process, including specifying
formats, methods, and procedures, for applicants to submit a
project management plan to the Secretary for a project in the
BeST Inventory. Consistent with requirements in section 22903,
project management plans shall--
``(A) describe the schedules, management actions,
workforce availability, interagency agreements,
permitting, track outage availability, and other
factors that will determine the entity's ability to
carry out a project included in the BeST Inventory; and
``(B) be updated and resubmitted in accordance with
this subsection every 2 years according to the schedule
in the most recent Service Development Plan, or
equivalent multi-state regional planning document with
a completed Tier I environmental review conducted
pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(2) Northeast corridor projects.--For projects on the
Northeast Corridor, an applicant shall submit such project
management plan to the Northeast Corridor Commission. Upon
receipt of such plan, the Northeast Corridor Commission shall
submit to the Secretary an updated Service Development Plan
that describes the schedule and sequencing of all capital
projects on the Northeast Corridor, including estimates of the
amount each sponsor entity will need in program funding for
each of the next 2 fiscal years to carry out the entity's
projects according to the Service Development Plan.
``(e) Cost Methodology Policy Requirements.--
``(1) In general.--The Secretary shall ensure, as a
condition of a grant agreement under this section for any
project located in a railroad territory where a policy
established pursuant to section 24905(c) or section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) applies, that a recipient of funds under
either such section maintain compliance with the policies, or
any updates to any applicable cost methodology policy, for the
railroad territory encompassing the project location.
``(2) Penalty for noncompliance.--If such recipient does
not maintain compliance with the policies described in
paragraph (1), the Secretary may--
``(A) withhold funds under this subsection from
such recipient up to the amount the recipient owes, but
has not paid; and
``(B) permanently reallocate such funds to other
recipients after a reasonable period.
``(f) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State, including the District of Columbia;
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered
authority established by one or more States;
``(E) a political subdivision of a State;
``(F) Amtrak;
``(G) An Indian Tribe; or
``(H) any combination of the entities listed in
subparagraphs (A) through (G).
``(2) Major capital project.--The term `major capital
project' means a rail bridge, station, or tunnel project used
for intercity passenger rail service that has a total project
cost of at least $500,000,000.
``(3) Northeast corridor.--The term `Northeast Corridor'
has the meaning given the term in section 24904(e).
``(4) Publicly owned.--The term `publicly owned' means
major capital projects that are at least partially owned or
planned to be owned by the Federal Government or an eligible
entity.
``(5) Co-located project.--The term `co-located project'
means a capital project that is adjacent to a major capital
project and can be carried out during the same period.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is amended by adding at the end the following:
``22909. Bridges, stations, and tunnels (BeST) grant program.''.
SEC. 9106. BUY AMERICA.
Section 22905(a) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (B) by adding ``or'' at the
end;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as
subparagraph (C);
(2) by striking paragraph (4) and inserting the following:
``(4)(A) If the Secretary receives a request for a waiver
under paragraph (2), the Secretary shall provide notice of and
an opportunity for public comment on the request at least 30
days before making a finding based on the request.
``(B) A notice provided under subparagraph (A) shall--
``(i) include the information available to the
Secretary concerning the request, including whether the
request is being made under subparagraph (A), (B), or
(C) of paragraph (2); and
``(ii) be provided by electronic means, including
on the official public website of the Department of
Transportation.'';
(3) in paragraph (5)--
(A) by striking ``2012'' and inserting ``2020, and
each year thereafter''; and
(B) by inserting ``during the preceding fiscal
year'' before the period; and
(4) by adding at the end the following:
``(12) The requirements of this subsection apply to all contracts
for a project carried out within the scope of the applicable finding,
determination, or decisions under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source for
activities carried out pursuant to such contracts, if at least 1
contract for the project is funded with amounts made available to carry
out a provision specified in paragraph (1).''.
TITLE II--AMTRAK REFORMS
SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS.
Section 24101 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``, to the extent its
budget allows,''; and
(ii) by striking ``between crowded urban
areas and in other areas of'' and inserting
``throughout'';
(B) in paragraph (2) by striking the period and
inserting ``, thereby providing additional capacity for
the traveling public and widespread air quality
benefits.'';
(C) in paragraph (4)--
(i) by striking ``greater'' and inserting
``high''; and
(ii) by striking ``to Amtrak to achieve a
performance level sufficient to justify
expending public money'' and inserting ``in
order to meet the intercity passenger rail
needs of the United States'';
(D) in paragraph (5)--
(i) by inserting ``intercity and'' after
``efficient''; and
(ii) by striking ``the energy conservation
and self-sufficiency'' and inserting
``addressing climate change, energy
conservation, and self-sufficiency'';
(E) in paragraph (6) by striking ``through its
subsidiary, Amtrak Commuter,''; and
(F) by adding at the end the following:
``(9) Long-distance intercity passenger rail provides economic
benefits to rural communities and offers intercity travel opportunities
where such options are often limited, making long-distance intercity
passenger rail an important part of the national transportation system.
``(10) The Northeast Corridor, long-distance routes, and State-
supported routes are interconnected and collectively provide national
rail passenger transportation.
``(11) Investments in intercity and commuter rail passenger
transportation support jobs that provide a pathway to the middle
class.'';
(2) in subsection (b) by striking ``The'' and all that
follows through ``consistent'' and inserting ``The mission of
Amtrak is to provide a safe, efficient, and high-quality
national intercity passenger rail system that is trip-time
competitive with other intercity travel options, consistent'';
(3) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) use its best business judgment in acting to maximize
the benefits of public funding;'';
(B) in paragraph (2)--
(i) by striking ``minimize Government
subsidies by encouraging'' and inserting ``work
with''; and
(ii) by striking the semicolon and
inserting ``and improvements to service;'';
(C) by striking paragraph (3) and inserting the
following:
``(3) manage the passenger rail network in the interest of
public transportation needs, including current and future
Amtrak passengers;'';
(D) in paragraph (7) by striking ``encourage'' and
inserting ``work with'';
(E) in paragraph (11) by striking ``and'' the last
place it appears; and
(F) by striking paragraph (12) and inserting the
following:
``(12) utilize and manage resources with a long-term
perspective, including sound investments that take into account
the overall lifecycle costs of an asset;
``(13) ensure that service is accessible, equitable, and
accommodating to passengers with disabilities and members of
underserved communities; and
``(14) maximize the benefits Amtrak generates for the
United States by creating quality jobs and supporting the
domestic workforce.''; and
(4) by striking subsection (d).
SEC. 9202. AMTRAK STATUS.
Section 24301(a) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``20102(2)'' and inserting
``20102''; and
(2) in paragraph (2) by inserting ``serving the public
interest in reliable passenger rail service'' after ``for-
profit corporation''.
SEC. 9203. BOARD OF DIRECTORS.
(a) In General.--Section 24302 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking
``President of Amtrak'' and inserting ``Chief
Executive Officer of Amtrak''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) 8 individuals appointed by the President of
the United States, by and with the advice and consent
of the Senate, with a record of support for national
intercity passenger rail service. Of the individuals
appointed--
``(i) 1 shall be a Mayor or Governor of a
location served by a regularly scheduled Amtrak
service on the Northeast Corridor;
``(ii) 1 shall be a Mayor or Governor of a
location served by a regularly scheduled Amtrak
service that is not on the Northeast Corridor;
``(iii) 1 shall be a representative of
Amtrak employees;
``(iv) 1 shall be an individual with a
history of regular Amtrak ridership and an
understanding of the concerns of intercity rail
passengers;
``(v) 1 shall be an individual with--
``(I) demonstrated experience or
demonstrated interest in the Northeast
Corridor and the National Network; and
``(II) industry experience or
qualifications in transportation,
freight and passenger rail
transportation, travel, or passenger
air transportation; and
``(vi) 1 shall be an individual with
general business and financial experience who
has demonstrated experience or demonstrated
interest in the Northeast Corridor and the
National Network.'';
(B) in paragraph (2) by inserting ``users of
Amtrak, including the elderly and individuals with
disabilities, and'' after ``and balanced representation
of'';
(C) in paragraph (3)--
(i) by striking ``Not more than 5'' and
inserting ``Not more than 4''; and
(ii) by adding at the end the following:
``A member of the Board appointed under clause
(i) or (ii) of paragraph (1)(C) shall serve for
a term of 5 years or until such member leaves
the elected office such member occupied at the
time such member was appointed, whichever is
first.'';
(D) in paragraph (4) by striking ``President'' and
inserting ``Chief Executive Officer''; and
(E) by striking paragraph (5) and inserting the
following:
``(5) The Secretary and any Governor of a State may be
represented at a Board meeting by a designee.'';
(2) in subsection (b)--
(A) by striking ``Pay and Expenses'' and inserting
``Duties, Pay, and Expenses''; and
(B) by inserting ``Each director must consider the
well-being of current and future Amtrak passengers, the
public interest in sustainable national passenger rail
service, and balance the preceding considerations with
the fiduciary responsibilities of the director and the
mission and goals of Amtrak.'' before ``Each director
not employed by the United States Government or
Amtrak''; and
(3) by adding at the end the following:
``(g) Governor Defined.--In this section, the term `Governor' means
the Governor of a State or the Mayor of the District of Columbia and
includes a designee of the Governor.''.
(b) Timing of New Board Requirements.--The appointment and
membership requirements under section 24302 of title 49, United States
Code (as amended by this Act), shall apply to any member of the Board
appointed pursuant to subsection (a)(1)(C) of such section who is
appointed on or after the date of enactment of this Act.
SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT.
(a) In General.--Section 24308(c) of title 49, United States Code,
is amended by adding at the end the following: ``Notwithstanding
section 24103(a) and section 24308(f), Amtrak shall have the right to
bring an action for equitable or other relief in the United States
District Court for the District of Columbia to enforce the preference
rights granted under this subsection.''.
(b) Conforming Amendment.--Section 24103 of title 49, United States
Code, is amended by inserting ``and section 24308(c)'' before ``, only
the Attorney General''.
SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES TO AMTRAK.
Section 24308(e) of title 49, United States Code, is amended--
(1) by striking paragraph (1) and inserting the
following:(1)(A) When a rail carrier does not agree to allow
Amtrak to operate additional trains in accordance with proposed
schedules over any rail line of the carrier on which Amtrak is
operating or seeks to operate, Amtrak may submit an application
to the Board for an order requiring the carrier to allow for
the operation of the requested trains. Not later than 90 days
after receipt of such application, the Board shall determine
whether the additional trains would unreasonably impair freight
transportation and--
``(i) upon a determination that such trains do not
unreasonably impair freight transportation, order the
rail carrier to allow for the operation of such trains
on a schedule established by the Board; or
``(ii) upon a determination that such trains do
unreasonably impair freight transportation, initiate a
proceeding to determine any additional infrastructure
investments required by, or on behalf of, Amtrak.
``(B) If Amtrak seeks to resume operation of a train that
Amtrak operated during the 5-year period preceding an
application described in subparagraph (A), the Board shall
apply a presumption that the resumed operation of such train
will not unreasonably impair freight transportation unless the
Board finds that there are substantially changed
circumstances.'';
(2) in paragraph (2)--
(A) by striking ``The Board shall consider'' and
inserting ``The Board shall'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) in making the determination under paragraph (1), take
into account any infrastructure investments previously made by,
or on behalf of, Amtrak, or proposed in Amtrak's application,
with the rail carrier having the burden of demonstrating that
the additional trains will unreasonably impair the freight
transportation; and''; and
(C) in subparagraph (B) by inserting ``consider
investments described in subparagraph (A) and'' after
``times,''; and
(3) by adding at the end the following:
``(4) In a proceeding initiated by the Board under paragraph
(1)(A)(ii), the Board shall solicit the views of the parties and
require the parties to provide any necessary data or information. Not
later than 180 days after the date on which the Board makes a
determination under paragraph (1)(A)(ii), the Board shall issue an
order requiring the rail carrier to allow for the operation of the
requested trains provided that any conditions enumerated by the Board
are met. In determining the necessary level of additional
infrastructure or other investments needed to mitigate unreasonable
impairment of freight transportation, the Board shall use any criteria,
assumptions, and processes it considers appropriate.
``(5) The provisions of this subsection shall be in addition to any
other statutory or contractual remedies Amtrak may have with respect to
operating the additional trains.''.
SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION.
(a) In General.--Section 28103 of title 49, United States Code, is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Prohibition on Choice-of-Forum Clause.--
``(1) In general.--Amtrak may not impose a choice-of-forum
clause that attempts to preclude a passenger, or a person who
purchases a ticket for rail transportation on behalf of a
passenger, from bringing a claim against Amtrak in any court of
competent jurisdiction, including a court within the
jurisdiction of the residence of such passenger in the United
States (provided that Amtrak does business within that
jurisdiction).
``(2) Court of competent jurisdiction.--Under this
subsection, a court of competent jurisdiction may not include
an arbitration forum.''.
(b) Effective Date.--This section, and the amendments made by this
section, shall apply to any claim that arises on or after the date of
enactment of this Act.
SEC. 9207. AMTRAK ADA ASSESSMENT.
(a) Assessment.--Amtrak shall conduct an assessment and review of
all Amtrak policies, procedures, protocols, and guidelines for
compliance with the requirements of the Americans With Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(b) Report.--Not later than 180 days after the date of enactment of
this Act, Amtrak shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
results of the assessment conducted under subsection (a).
(c) Contents.--The report required under subsection (b) shall
include--
(1) a summary of the policies, procedures, protocols, and
guidelines reviewed;
(2) any necessary changes to such policies, procedures,
protocols, and guidelines to ensure compliance with the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), including full compliance under such Act for stations
and facilities for which Amtrak has responsibility under such
Act and consideration of the needs of individuals with
disabilities when procuring rolling stock and setting ticket
fares; and
(3) an implementation plan and timeline for making any such
necessary changes.
(d) Engagement.--Amtrak shall engage with a range of advocates for
individuals with disabilities during the assessment conducted under
subsection (a), and develop an ongoing and standardized process for
engagement with advocates for individuals with disabilities.
(e) Periodic Evaluation.--At least once every 2 years, Amtrak shall
review and update, as necessary, Amtrak policies, procedures,
protocols, and guidelines to ensure compliance with the Americans With
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24323. Prohibition on smoking on Amtrak trains
``(a) Prohibition.--Beginning on the date of enactment of the TRAIN
Act, Amtrak shall prohibit smoking on board Amtrak trains.
``(b) Electronic Cigarettes.--
``(1) Inclusion.--The use of an electronic cigarette shall
be treated as smoking for purposes of this section.
``(2) Electronic cigarette defined.--In this section, the
term `electronic cigarette' means a device that delivers
nicotine or other substances to a user of the device in the
form of a vapor that is inhaled to simulate the experience of
smoking.''.
(b) Conforming Amendment.--The analysis for chapter 243 of title
49, United States Code, is amended by adding at the end the following:
``24323. Prohibition on smoking on Amtrak trains.''.
SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AMTRAK.
Section 24712 of title 49, United States Code, is amended to read
as follows:
``Sec. 24712. State-supported routes operated by Amtrak
``(a) State-Supported Route Committee.--
``(1) Establishment.--There is established a State-
Supported Route Committee (referred to in this section as the
`Committee') to promote mutual cooperation and planning
pertaining to the current and future rail operations of Amtrak
and related activities of trains operated by Amtrak on State-
supported routes and to further implement section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note).
``(2) Membership.--
``(A) In general.--The Committee shall consist of--
``(i) members representing Amtrak;
``(ii) members representing the Department
of Transportation, including the Federal
Railroad Administration; and
``(iii) members representing States.
``(B) Non-voting members.--The Committee may invite
and accept other non-voting members to participate in
Committee activities, as appropriate.
``(3) Decisionmaking.--The Committee shall establish a bloc
voting system under which, at a minimum--
``(A) there are 3 separate voting blocs to
represent the Committee's voting members, including--
``(i) 1 voting bloc to represent the
members described in paragraph (2)(A)(i);
``(ii) 1 voting bloc to represent the
members described in paragraph (2)(A)(ii); and
``(iii) 1 voting bloc to represent the
members described in paragraph (2)(A)(iii);
``(B) each voting bloc has 1 vote;
``(C) the votes of the voting bloc representing the
members described in paragraph (2)(A)(iii) requires the
support of at least two-thirds of that voting bloc's
members; and
``(D) the Committee makes decisions by unanimous
consent of the 3 voting blocs.
``(4) Ability to conduct certain business.--If all members
of a voting bloc described in paragraph (3) abstain from a
Committee decision, agreement between the other voting blocs
consistent with the procedures set forth in paragraph (3) shall
be deemed unanimous consent.
``(5) Meetings; rules and procedures.--The Committee shall
define and periodically update the rules and procedures
governing the Committee's proceedings. The rules and procedures
shall--
``(A) incorporate and further describe the
decisionmaking procedures to be used in accordance with
paragraph (3); and
``(B) be adopted in accordance with such
decisionmaking procedures.
``(6) Committee decisions.--Decisions made by the Committee
in accordance with the Committee's rules and procedures, once
established, are binding on all Committee members.
``(7) Cost methodology policy.--
``(A) In general.--Subject to subparagraph (B), the
Committee may amend the cost methodology policy
required and previously approved under section 209 of
the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note).
``(B) Revisions to cost methodology policy.--
``(i) Requirement to revise and update.--
Subject to the requirements of clause (iii),
the Committee shall, not later than March 31,
2022, update the cost methodology policy
required and previously approved under section
209 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note).
Such update shall be consistent with the
principles for revision of the Committee
pursuant to such section and consistent with
any subsequent changes to such principles
approved by the Committee. The Committee shall
implement the updated policy beginning in
fiscal year 2023 and shall submit to the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Commerce, Science, and
Transportation of the Senate a report
documenting and explaining any changes to the
policy and plans for implementation not later
than 30 days after the adoption of the updated
policy.
``(ii) Implementation impacts on federal
funding.--To the extent that a policy
implemented pursuant to clause (i) assigns to
Amtrak costs that were previously allocated to
States, Amtrak shall request such costs in the
general and legislative annual report required
by section 24315 or in any appropriate
subsequent Federal funding request for the
fiscal year in which the revised policy is
implemented.
``(iii) Procedures for changing
methodology.--The rules and procedures
implemented under paragraph (5) shall include
procedures for changing the cost methodology
policy under this subparagraph, notwithstanding
section 209(b) of the Passenger Rail Investment
and Improvement Act (49 U.S.C. 22 24101 note),
and procedures or broad guidelines for
conducting financial planning, including
operating and capital forecasting, reporting,
and data sharing and governance.
``(C) Requirements.--The cost methodology policy
shall--
``(i) ensure equal treatment in the
provision of like services of all States and
groups of States;
``(ii) assign to each route the costs
incurred only for the benefit of that route and
a proportionate share, based upon factors that
reasonably reflect relative use, of costs
incurred for the common benefit of more than 1
route; and
``(iii) promote increased efficiency in
Amtrak's operating and capital activities.
``(b) Invoices and Reports.--
``(1) Monthly invoice.--Amtrak shall provide to each State
that sponsors a State-supported route a monthly invoice of the
cost of operating such route, including fixed costs and third-
party costs.
``(2) Planning and demand reports.--A State shall provide
to the Committee and Amtrak planning and demand reports with
respect to a planned or existing State-supported route.
``(3) Financial and performance reports.--The Committee
shall require Amtrak to provide to the States and the Committee
financial and performance reports at a frequency, and
containing such information, as determined appropriate by the
Committee.
``(c) Dispute Resolution.--
``(1) Request for dispute resolution.--If a dispute arises
with respect to the rules and procedures implemented under
subsection (a)(5), an invoice or a report provided under
subsection (b), implementation or compliance with the cost
methodology policy developed under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note) or amended under subsection (a)(7) of this section,
either Amtrak or the State may request that the Surface
Transportation Board conduct dispute resolution under this
subsection.
``(2) Procedures.--The Surface Transportation Board shall
establish procedures for resolution of disputes brought before
it under this subsection, which may include provision of
professional mediation services.
``(3) Binding effect.--A decision of the Surface
Transportation Board under this subsection shall be binding on
the parties to the dispute.
``(4) Obligation.--Nothing in this subsection shall affect
the obligation of a State to pay an amount related to a State-
supported route that a State sponsors that is not in dispute.
``(d) Assistance.--
``(1) In general.--The Secretary may provide assistance to
the parties in the course of negotiations for a contract for
operation of a State-supported route.
``(2) Financial assistance.--From among available funds,
the Secretary shall provide--
``(A) financial assistance to Amtrak or 1 or more
States to perform requested independent technical
analysis of issues before the Committee; and
``(B) administrative expenses that the Secretary
determines necessary.
``(e) Performance Metrics.--In negotiating a contract for operation
of a State-supported route, Amtrak and the State or States that sponsor
the route shall consider including provisions that provide penalties
and incentives for performance, including incentives to--
``(1) increase revenue;
``(2) reduce costs;
``(3) finalize contracts by the beginning of the Federal
fiscal year; and
``(4) require States to promptly make payments for services
delivered.
``(f) Statement of Goals and Objectives.--
``(1) In general.--The Committee shall develop and annually
review and update, as necessary, a statement of goals,
objectives, and associated recommendations concerning the
future of State-supported routes operated by Amtrak. The
statement shall identify the roles and responsibilities of
Committee members and any other relevant entities, such as host
railroads, in meeting the identified goals and objectives, or
carrying out the recommendations. The statement shall include a
list of capital projects, including infrastructure, fleet,
station, and facility initiatives, needed to support the growth
of State-supported routes. The Committee may consult with such
relevant entities, as the Committee considers appropriate, when
developing the statement.
``(2) Transmission of statement of goals and objectives.--
Not later than March 31 of each year, the Committee shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the most recent annual update to the statement
developed under paragraph (1).
``(g) New or Expanded State-supported Routes.--
``(1) Coordination and consultation.--In developing a new
State-supported route or expanding an existing State-supported
route, Amtrak shall closely coordinate with all States in which
such route operates, and shall consult with the following:
``(A) The local municipalities in which the
proposed route operates.
``(B) Commuter authorities and regional
transportation authorities (as such terms are defined
in section 24102) in the areas proposed to be served by
such route.
``(C) The owner of any rail infrastructure over
which the proposed route operates.
``(D) Administrator of the Federal Railroad
Administration.
``(E) Other stakeholders, as appropriate.
``(2) State commitments.--Notwithstanding any other
provision of law, before beginning construction necessary for,
or beginning operation of, a State-supported route that is
initiated or expanded on or after the date of enactment of the
TRAIN Act, Amtrak shall enter into an agreement with the State
in which the proposed route operates for sharing ongoing
operating costs and capital costs in accordance with--
``(A) the cost methodology policy described under
subsection (a)(7); or
``(B) the alternative cost methodology schedule
described in paragraph (3).
``(3) Alternative cost methodology.--Under the cost
methodology schedule described in this paragraph, with respect
to costs not covered by revenues for the operation of a State-
supported route, Amtrak shall pay--
``(A) the share Amtrak otherwise would have paid
under the cost methodology under subsection (a); and
``(B) a percentage of the share that the State
otherwise would have paid under the cost methodology
policy under subsection (a) according to the following:
``(i) Amtrak shall pay up to 100 percent of
the capital costs and planning costs necessary
to initiate a new State-supported route or
expand an existing State-supported route,
including planning and development, design, and
environmental analysis costs, prior to
beginning operations on the new route.
``(ii) For the first 2 years of operation,
Amtrak shall pay for 100 percent of operating
costs and capital costs.
``(iii) For the third year of operation,
Amtrak shall pay 90 percent of operating costs
and capital costs and the State shall pay the
remainder.
``(iv) For the fourth year of operation,
Amtrak shall pay 80 percent of operating costs
and capital costs and the State shall pay the
remainder
``(v) For the fifth year of operation,
Amtrak shall pay 50 percent of operating costs
and capital costs and the State shall pay the
remainder.
``(vi) For the sixth year of operation and
thereafter, operating costs and capital costs
shall be allocated in accordance with the cost
methodology policy described under subsection
(a) as applicable.
``(4) Definitions.--In this subsection, the terms `capital
cost' and `operating cost' shall apply in the same manner as
such terms apply under the cost methodology policy developed
under subsection (a).
``(h) Cost Methodology Update and Implementation Report.--Not later
than 18 months after an updated cost methodology policy required under
subsection (a)(7)(B) is implemented, the Committee shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report assessing the implementation of
the updated policy.
``(i) Identification of State-supported Route Changes.--Amtrak
shall provide an update in the general and legislative annual report
required by 24315(b) of planned or proposed changes to State-supported
routes, including the introduction of new State-supported routes. In
identifying routes to be considered planned or proposed under this
subsection, Amtrak shall--
``(1) identify the timeframe in which such changes could
take effect and whether Amtrak has entered into a commitment
with a State under subsection (g)(2); and
``(2) consult with the Committee and any additional States
in which a planned or proposed route may operate, not less than
120 days before an annual grant request is transmitted to the
Secretary.
``(j) Rule of Construction.--The decisions of the Committee--
``(1) shall pertain to the rail operations of Amtrak and
related activities of trains operated by Amtrak on State-
sponsored routes; and
``(2) shall not pertain to the rail operations or related
activities of services operated by other rail carriers on
State-supported routes.
``(k) Definition of State.--In this section, the term `State' means
any of the 50 States, including the District of Columbia, that sponsor
or propose to sponsor the operation of trains by Amtrak on a State-
supported route, or a public entity that sponsors or proposes to
sponsor such operation on such a route.''.
SEC. 9210. AMTRAK POLICE DEPARTMENT.
(a) Department Mission.--Not later than 180 days after the date of
enactment of this Act, Amtrak shall identify the mission of the Amtrak
Police Department (in this section referred to as the ``Department''),
including the scope of the role and priorities of the Department, in
mitigating risks to and ensuring the safety and security of Amtrak
passengers, employees, trains, stations, facilities, and other
infrastructure. In identifying such mission, Amtrak shall consider--
(1) the unique needs of maintaining the safety and security
of Amtrak's network; and
(2) comparable passenger rail systems and the mission of
the police departments of such rail systems.
(b) Workforce Planning Process.--Not later than 120 days after
identifying the mission of the Department under subsection (a), Amtrak
shall develop a workforce planning process that--
(1) ensures adequate employment levels and allocation of
sworn and civilian personnel, including patrol officers,
necessary for fulfilling the Department's mission; and
(2) sets performance goals and metrics for the Department
that align with the mission of the Department and monitors and
evaluates the Department's progress toward such goals and
metrics.
(c) Considerations.--In developing the workforce planning process
under subsection (b), Amtrak shall--
(1) identify critical positions, skills, and competencies
necessary for fulfilling the Department's mission;
(2) analyze employment levels and ensure that--
(A) an adequate number of civilian and sworn
personnel are allocated across the Department's 6
geographic divisions, including patrol officers,
detectives, canine units, special operations unit,
strategic operations, intelligence, corporate security,
the Office of Professional Responsibilities, and the
Office of Chief of Polices; and
(B) patrol officers have an adequate presence on
trains and route segments, and in stations, facilities,
and other infrastructure;
(3) analyze workforce gaps and develop strategies to
address any such gaps;
(4) consider risks, including those identified by Amtrak's
triannual risk assessments;
(5) consider variables, including ridership levels, miles
of right-of-way, crime data, call frequencies, interactions
with vulnerable populations, and workload, that comparable
passenger rail systems with similar police departments consider
in the development of the workforce plans of such systems; and
(6) consider collaboration or coordination with local,
State, Tribal, and Federal agencies, and public transportation
agencies to support the safety and security of the Amtrak
network.
(d) Consultation.--In carrying out this section, Amtrak shall
consult with the Amtrak Police Labor Committee, public safety experts,
foreign or domestic entities providing passenger rail service
comparable to Amtrak, and any other relevant entities, as determined by
Amtrak.
(e) Reports.--
(1) Report on mission of department.--Not later than 10
days after Amtrak identifies the mission of the Department
under subsection (a), Amtrak shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing a description
of the mission of the Department and the reasons for the
content of such mission.
(2) Report on workforce planning process.--Not later than
10 days after Amtrak completes the workforce planning process
under subsection (b), Amtrak shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the workforce
planning process, the underlying data used to develop such
process, and how such process will achieve the Department's
mission.
SEC. 9211. AMTRAK FOOD AND BEVERAGE.
(a) Amtrak Food and Beverage.--Section 24321 of title 49, United
States Code, is amended to read as follows:
``Sec. 24321. Amtrak food and beverage
``(a) Ensuring Access to Food and Beverage Services.--On all long-
distance routes, Amtrak shall ensure that all passengers who travel
overnight on such route shall have access to purchasing the food and
beverages that are provided to sleeping car passengers on such route.
``(b) Food and Beverage Workforce.--
``(1) Workforce requirement.--Amtrak shall ensure that any
individual onboard a train who prepares or provides food and
beverages is an Amtrak employee.
``(2) Savings clause.--No Amtrak employee holding a
position as of the date of enactment of the TRAIN Act may be
involuntarily separated because of any action taken by Amtrak
to implement this section, including any employees who are
furloughed as a result of the COVID-19 pandemic.
``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee
holding a position as of the date of enactment of the Passenger Rail
Reform and Investment Act of 2015 is involuntarily separated because of
the development and implementation of the plan required by the
amendments made by section 11207 of such Act.''.
(b) Technical and Conforming Amendments.--
(1) Analysis.--The item relating to section 24321 in the
analysis for chapter 243 of title 49, United States Code, is
amended to read as follows:
``24321. Amtrak food and beverage.''.
(2) Amtrak authority.--Section 24305(c)(4) of title 49,
United States Code, is amended by striking ``only if revenues
from the services each year at least equal the cost of
providing the services''.
(3) Contracting out.--Section 121(c) of the Amtrak Reform
and Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat.
2574) is amended by striking ``, other than work related to
food and beverage service,''.
(c) Amtrak Food and Beverage Working Group.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, Amtrak shall establish a working
group (in this subsection referred to as the ``Working Group'')
to provide recommendations on Amtrak onboard food and beverage
services.
(2) Membership.--The Working Group shall consist of--
(A) an equal number of individuals representing--
(i) Amtrak;
(ii) the labor organizations representing
Amtrak employees who prepare or provide onboard
food and beverage services;
(iii) the State-Supported Route Committee
established by section 24712; and
(iv) nonprofit organizations representing
Amtrak passengers; and
(B) an individual with culinary or hospitality
expertise agreed to by the members under clauses (i)
through (iv) of subparagraph (A).
(3) Recommendations.--
(A) In general.--The Working Group shall develop
recommendations to increase ridership and improve
customer satisfaction by--
(i) promoting collaboration and engagement
between Amtrak, Amtrak passengers, and Amtrak
employees preparing or providing onboard food
and beverage services, prior to Amtrak
implementing changes to onboard food and
beverage services;
(ii) improving onboard food and beverage
services; and
(iii) improving solicitation, reception,
and consideration of passenger feedback
regarding onboard food and beverage services.
(B) Considerations.--In developing the
recommendations under subparagraph (A), the Working
Group shall consider--
(i) the healthfulness of onboard food and
beverages offered, including the ability of
passengers to address dietary restrictions;
(ii) the preparation and delivery of
onboard food and beverages;
(iii) the differing needs of passengers
traveling on long-distance routes, State-
supported routes, and the Northeast Corridor;
(iv) the reinstatement of the dining car
service on long-distance routes;
(v) Amtrak passenger survey data about the
food and beverages offered on Amtrak trains;
and
(vi) any other issue the Working Group
determines appropriate.
(4) Reports.--
(A) Initial report.--Not later than 1 year after
the date on which the Working Group is established, the
Working Group shall submit to the Board of Directors of
Amtrak, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate a report containing the recommendations
developed under paragraph (3).
(B) Subsequent report.--Not later than 30 days
after the date on which the Working Group submits the
report required under subparagraph (A), Amtrak shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on whether Amtrak agrees with the
recommendations of the Working Group and describing any
plans to implement such recommendations.
(5) Prohibition on food and beverage service changes.--
During the period beginning on the date of enactment of this
Act and ending 30 days after the date on which Amtrak submits
the report required under paragraph (4)(B), Amtrak may not make
large-scale, structural changes to existing onboard food and
beverage services, except that Amtrak shall reverse any changes
to onboard food and beverage service made in response to the
COVID-19 pandemic as Amtrak service is restored.
(6) Termination.--The Working Group shall terminate on the
date on which Amtrak submits the report required under
paragraph (4)(B), except that Amtrak may extend such date by up
to 1 year if Amtrak determines that the Working Group is
beneficial to Amtrak in making decisions related to onboard
food and beverage services. If Amtrak extends such date, Amtrak
shall include notification of the extension in the report
required under paragraph (4)(B).
(7) Nonapplicability of federal advisory committee act.--
The Federal Advisory Committee Act (5 U.S.C. App.) does not
apply to the Working Group established under this section.
(8) Long-distance route; northeast corridor; and state-
supported route defined.--In this subsection, the terms ``long-
distance route'', ``Northeast Corridor'', and ``State-supported
route'' have the meaning given those terms in section 24102 of
title 49, United States Code.
SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING OUT.
(a) Furloughed Work.--Section 121 of the Amtrak Reform and
Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 2574) is
amended by striking subsection (d) and inserting the following:
``(d) Furloughed Work.--Amtrak may not contract out work within the
scope of work performed by an employee in a bargaining unit covered by
a collective bargaining agreement entered into between Amtrak and an
organization representing Amtrak employees during the period of time
such employee has been laid off involuntarily if such employee--
``(1) is eligible and qualified under the agreement to
perform such work in accordance with the seniority of such
employee; and
``(2) has not been provided an opportunity to be recalled
to perform such work.
``(e) Agreement Prohibitions on Contracting Out.--This section does
not--
``(1) supersede a prohibition or limitation on contracting
out work covered by an agreement entered into between Amtrak
and an organization representing Amtrak employees; or
``(2) prohibit Amtrak and an organization representing
Amtrak employees from entering into an agreement that allows
for contracting out the work of a furloughed employee that
would otherwise be prohibited under subsection (d).''.
(b) Workforce Plan.--Section 24320(c)(2) of title 49, United State
Code, is amended--
(1) in subparagraph (C)(iii)(III) by striking ``and'' at
the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) a summary of Amtrak's plan to meet the
workforce needs of each asset category, which shall--
``(i) identify any gaps in Amtrak's
workforce, including any vacancy, skill gap, or
shortage of qualified personnel;
``(ii) summarize any action Amtrak is
taking to address any such gaps; and
``(iii) summarize any anticipated change to
the size of the Amtrak workforce and any cause
for such change; and''.
SEC. 9213. AMTRAK STAFFING.
Section 24312 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Call Center Staffing.--
``(1) Outsourcing.--Amtrak may not renew or enter into a
contract to outsource call center customer service work on
behalf of Amtrak, including through a business process
outsourcing group.
``(2) Training.--Amtrak shall make available appropriate
training programs to any Amtrak call center employee carrying
out customer service activities using telephone or internet
platforms.
``(d) Station Agent Staffing.--
``(1) In general.--Amtrak shall ensure that at least one
Amtrak ticket agent is employed at each station building where
at least one Amtrak ticket agent was employed on or after
October 1, 2017.
``(2) Locations.--Amtrak shall ensure that at least one
Amtrak ticket agent is employed at each station building--
``(A) that Amtrak owns, or operates service
through, as part of a passenger service route; and
``(B) for which the number of passengers boarding
or deboarding an Amtrak long-distance train in the
previous fiscal year exceeds the average of at least 40
passengers per day over all days in which the station
was serviced by Amtrak, regardless of the number of
Amtrak vehicles servicing the station per day. For
fiscal year 2021, ridership from fiscal year 2019 shall
be used to determine qualifying stations.
``(3) Exception.--This subsection does not apply to any
station building in which a commuter rail ticket agent has the
authority to sell Amtrak tickets.
``(4) Amtrak ticket agent.--For purposes of this section,
the term `Amtrak ticket agent' means an Amtrak employee with
authority to sell Amtrak tickets onsite and assist in the
checking of Amtrak passenger baggage.
``(5) Effective date.--This subsection shall take effect on
the earlier of--
``(A) the date of the expiration of the emergency
declaration issued by the President on March 13, 2020,
pursuant to section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5191(b)); or
``(B) the day after the period that is the first 6
consecutive months within a calendar year for which
Amtrak ridership exceeds the Amtrak ridership for the
same 6 consecutive calendar months in 2019.''.
SEC. 9214. SPECIAL TRANSPORTATION.
Section 24307(a) of title 49, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking ``for
the following:'' and inserting ``of at least a 10 percent
discount on full-price coach class rail fares for, at a
minimum--'';
(2) in paragraph (1) by striking the period at the end and
inserting a semicolon; and
(3) by striking paragraph (2) and inserting the following:
``(2) individuals of 12 years of age or younger;
``(3) individuals with a disability, as such term is
defined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102);
``(4) members of the Armed Forces on active duty (as those
terms are defined in section 101 of title 10) and their spouses
and dependents with valid identification;
``(5) veterans (as that term is defined in section 101 of
title 38) with valid identification; and
``(6) individuals attending federally accredited
postsecondary education institutions with valid student
identification cards.''.
SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM.
(a) In General.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 24324. Disaster and emergency relief program
``(a) In General.--The Secretary of Transportation may make grants
to Amtrak for--
``(1) capital projects to repair, reconstruct, or replace
equipment, infrastructure, stations, and other facilities that
the Secretary determines are in danger of suffering serious
damage, or have suffered serious damage, as a result of an
emergency event;
``(2) offset revenue lost as a result of such an event; and
``(3) support continued operations following emergency
events.
``(b) Coordination of Emergency Funds.--Funds made available to
carry out this section shall be in addition to any other funds
available and shall not affect the ability of Amtrak to use any other
funds otherwise authorized by law.
``(c) Grant Conditions.--Grants made under this subsection (a)
shall be subject to section 22905(c)(2)(A) and other such terms and
conditions as the Secretary determines necessary.
``(d) Definition of Emergency Event.--In this section, the term
`emergency event' has the meaning given such term in section 20103.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is further amended by adding at the end the
following:
``24324. Disaster and emergency relief program.''.
SEC. 9216. ACCESS TO RECREATIONAL TRAILS.
Section 24315 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Access to Recreational Trails.--At least 30 days before
implementing a new policy, structure, or operation that impedes access
to recreational trails, Amtrak shall work with potentially affected
communities, making a good-faith effort to address local concerns about
such access. Not later than February 15 of each year, Amtrak shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report on any such engagement in the preceding
calendar year, and any changes to policies, structures, or operations
affecting access to recreational trails that were considered or made as
a result. The report shall include Amtrak's plans to mitigate the
impact to such access.''.
SEC. 9217. AMTRAK CYBERSECURITY ENHANCEMENT AND RESILIENCY GRANT
PROGRAM.
(a) In General.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 24325. Amtrak cybersecurity enhancement and resiliency grant
program
``(a) In General.--The Secretary of Transportation shall make
grants to Amtrak for improvements in information technology systems,
including cyber resiliency improvements for Amtrak information
technology assets.
``(b) Application of Best Practices.--Any cyber resiliency
improvements carried out with a grant under this section shall be
consistent with cybersecurity industry best practices and publications
issued by the National Institute of Standards and Technology.
``(c) Coordination of Cybersecurity Funds.--Funds made available to
carry out this section shall be in addition to any other Federal funds
and shall not affect the ability of Amtrak to use any other funds
otherwise authorized by law for purposes of enhancing the cybersecurity
architecture of Amtrak.
``(d) Grant Conditions.--In carrying out this section--
``(1) to the extent practicable, the Secretary shall
provide grants consistent with the process established under
section 24319;
``(2) the Secretary shall ensure that a grant made
available under this section shall be administered and
disbursed as part of Amtrak's annual grant agreement as
authorized by section 24319(d)(1)(B); and
``(3) a grant made under this section shall be subject to
such terms and conditions as the Secretary determines
necessary.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is further amended by adding at the end the
following:
``24325. Amtrak cybersecurity enhancement and resiliency grant
program.''.
SEC. 9218. AMTRAK AND PRIVATE CARS.
(a) Sense of Congress.--It is the sense of Congress that private
cars and charter trains can--
(1) improve Amtrak's financial performance, particularly on
the long-distance routes;
(2) have promotional value for Amtrak that results in
future travel on Amtrak trains by passengers made aware of
Amtrak as a result;
(3) support private-sector jobs, including for mechanical
work and on-board services; and
(4) provide good-will benefits to Amtrak.
(b) Policy Review.--Amtrak shall review the policy changes since
January 1, 2018, that have caused significant changes to the
relationship between Amtrak and private car owners and charter train
services and evaluate opportunities to strengthen these services,
including by reinstating some access points and restoring flexibility
to charter-train policies. For charter trains, private cars, and
package express carried on regular Amtrak trains, consistent with sound
business practice, Amtrak should recover direct costs plus a reasonable
profit margin.
SEC. 9219. AMTRAK OFFICE OF COMMUNITY OUTREACH.
(a) In General.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following new section:
``Sec. 24326. Amtrak Office of Community Outreach
``(a) In General.--Not later than 180 days after the date of
enactment of the TRAIN Act, Amtrak shall establish an Office of
Community Outreach to engage with communities impacted by Amtrak
operations.
``(b) Responsibilities.--The Office of Community Outreach shall be
responsible for--
``(1) outreach and engagement with--
``(A) local officials before capital improvement
project plans are finalized; and
``(B) local stakeholders and relevant organizations
on projects of community significance;
``(2) clear explanation and publication of how community
members can communicate with Amtrak;
``(3) the use of virtual public involvement, social media,
and other web-based tools to encourage public participation and
solicit public feedback; and
``(4) making publicly available on the website of Amtrak,
planning documents for proposed and implemented capital
improvement projects.
``(c) Report to Congress.--Not later than 1 year after the
establishment of the Office of Community Outreach, and annually
thereafter, Amtrak shall submit to the Committee on Transportation and
Infrastructure in the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that--
``(1) describes the community outreach efforts undertaken
by the Amtrak Office of Community Outreach for the previous
year; and
``(2) identifies changes Amtrak made to capital improvement
project plans after engagement with affected communities.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is further amended by adding at the end the
following:
``24326. Amtrak Office of Community Outreach.''.
SEC. 9220. LONG-DISTANCE CUSTOMER ENHANCEMENT PROGRAM.
(a) Authorization.--Amtrak shall expend not less than 2.5 percent
of the amounts appropriated in each fiscal year pursuant to section
9101(a)(2) to enhance the customer experience on Amtrak long-distance
routes.
(b) Eligibility.--Projects and initiatives to serve the following
purposes, including planning and development, are eligible to be
implemented by Amtrak under this section:
(1) Rolling stock interior refreshes and redesigns.
(2) Food and beverage service improvements consistent with
section 24321 of title 49, United States Code.
(3) Wi-Fi service expansion and improvement.
(4) Enhanced customer experience at stations.
(5) Other customer enhancement initiatives developed by
Amtrak, including initiatives developed in accordance with
subsection (c).
(c) Consultation.--Not later than 90 days after the date of
enactment of this Act, and subsequently on a periodic basis, Amtrak
shall consult with appropriate States, local governments, labor
organizations representing railroad employees, and national
associations that represent rail passengers on ways to enhance the
customer experience on long-distance routes.
(d) Use of Funds for Other Purposes.--Amtrak may use funds provided
under this section for purposes related to long-distance route service
other than those listed in subsection (b) if--
(1) Amtrak determines the use of funds is necessary to--
(A) improve the safety of long-distance route
operations; or
(B) maintain continued operation or service levels
of any such route; and
(2) not later than 10 days of the repurposing of such
funds, Amtrak submits to the Secretary, the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives, and the
Committee on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate, a report that
includes--
(A) the amount of funds repurposed for a use
described in this subsection, and
(B) the reason for the repurposing of such funds.
(e) Long-distance Route Defined.--In this section, the term ``long-
distance route'' has the meaning given the term in section 24102 of
title 49, United States Code.
SEC. 9221. AMTRAK CARBON-FREE AND RENEWABLE ENERGY INITIATIVES.
(a) In General.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following new section:
``Sec. 24327. Amtrak carbon-free and renewable energy initiatives
``(a) Emissions Reduction and Energy Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the TRAIN Act, Amtrak shall--
``(A) develop a greenhouse gas emissions reduction
and energy plan that sets forth a goal of, a strategy
for achieving, and potential timelines and funding
requirements for--
``(i) becoming a net-zero carbon emissions
transportation provider; and
``(ii) achieving net-zero carbon emissions
with respect to Amtrak operations within the
Northeast Corridor;
``(B) submit the plan to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate; and
``(C) publish the plan on Amtrak's website.
``(2) Additional requirements.--The plan developed under
paragraph (1) shall contain--
``(A) at least 1 option for becoming a net-zero
carbon emissions transportation provider not later than
January 1, 2035; and
``(B) at least 1 option for achieving net-zero
carbon emissions with respect to Amtrak operations
within the Northeast Corridor not later than January 1,
2030.
``(3) Annual progress reports.--
``(A) In general.--After submission and publication
of the plan developed under paragraph (1), Amtrak shall
include in each general and legislative annual report
required under section 24315(b), an update on Amtrak's
progress towards--
``(i) becoming a net-zero carbon emissions
transportation provider; and
``(ii) achieving net-zero carbon emissions
with respect to Amtrak operations within the
Northeast Corridor.
``(B) Legislative recommendations.--The update
required under subparagraph (A) may include
recommendations for legislative changes or changes to
funding levels likely to increase the rate of Amtrak's
progress.
``(b) Carbon-free and Renewable Energy Use.--
``(1) Energy source requirement.--Not later than 180 days
after the date of enactment of the TRAIN Act, Amtrak shall
ensure that any new or renewed contract between Amtrak and a
provider of electricity that is used to meet the needs of train
traction power or rail facility power requires that an amount
equal to or greater that 25 percent of such electricity is
derived from carbon-free or renewable energy sources.
``(2) Increased energy source goals.--Amtrak shall
establish goals for increasing the energy source requirements
described in paragraph (1), including a goal of requiring--
``(A) at least 50 percent of electricity derived
from such sources for new or renewed contracts entered
into beginning 5 years after the date of enactment of
the TRAIN Act; and
``(B) 100 percent of electricity derived from such
sources for new or renewed contracts entered into on or
after January 1, 2030.
``(3) Exceptions.--The requirements of paragraph (1) shall
not apply in any case in which--
``(A) no provider of electricity is able to provide
the necessary levels of carbon-free or renewable
energy;
``(B) compliance with such requirements would
adversely affect Amtrak's operations or quality of
service to an unreasonable degree; or
``(C) compliance with such requirements would cause
an increase of at least 50 percent in total cost of
electricity, as compared to the total cost of
electricity Amtrak would otherwise have acquired.
``(4) Report.--Not later than 1 year after the date of
enactment of the TRAIN Act, Amtrak shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that identifies
opportunities to further increase Amtrak's use of carbon-free
and renewable energy for train traction power needs and
facility power needs.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is further amended by adding at the end the
following:
``24327. Amtrak carbon-free and renewable energy initiatives.''.
TITLE III--INTERCITY PASSENGER RAIL POLICY
SEC. 9301. NORTHEAST CORRIDOR COMMISSION.
Section 24905 of title 49, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A) by striking ``members'' and
inserting ``4 members'';
(B) in subparagraph (B) by striking ``members'' and
inserting ``5 members''; and
(C) in subparagraph (D) by striking ``and commuter
railroad carriers using the Northeast Corridor selected
by the Secretary'' and inserting ``railroad carriers
and commuter authorities using the Northeast Corridor,
as determined by the Commission'';
(2) by striking paragraph (2) of subsection (a) and
inserting the following:
``(2) At least two of the members described in paragraph
(1)(B) shall be career appointees, as such term is defined in
section 3132(a) of title 5.'';
(3) in subsection (b)(3)(B)--
(A) in clause (i) by inserting ``, including
ridership trends,'' before ``along the Northeast
Corridor'';
(B) in clause (ii) by striking ``capital investment
plan described in section 24904.'' and inserting
``first year of the capital investment plan described
in section 24904; and''; and
(C) by adding at the end the following:
``(iii) progress in assessing and
eliminating the state-of-good-repair
backlog.'';
(4) in subsection (c)--
(A) by striking ``(1) Development'' and all that
follows through ``standardized policy'' and inserting
the following:
``(1) Policy.--The Commission shall--
``(A) maintain and update, as appropriate, the
`Northeast Corridor Commuter and Intercity Rail Cost
Allocation Policy' approved on September 17, 2015,'';
(B) in paragraph (1)--
(i) in subparagraph (B) by striking ``a
proposed timetable for implementing'' and
inserting ``timetables for implementing and
maintaining'';
(ii) in subparagraph (C) by striking ``the
policy and the timetable'' and inserting
``updates to the policy and the timetables'';
and
(iii) by striking subparagraph (D) and
inserting the following:
``(D) support the efforts of the members of the
Commission to implement the policy in accordance with
such timetables; and'';
(C) in paragraph (2)--
(i) by striking the first sentence and
inserting ``In accordance with the timetable
developed in paragraph (1), Amtrak and commuter
authorities on the Northeast Corridor shall
implement the policy developed under paragraph
(1) in agreements for usage of facilities or
services.'';
(ii) by striking ``fail to implement such
new agreements'' and inserting ``fail to
implement the policy''; and
(iii) by striking ``paragraph (1)(A), as
applicable'' and inserting ``paragraph (1)'';
and
(D) in paragraph (4) by striking ``public
authorities providing commuter rail passenger
transportation'' and inserting ``commuter
authorities'';
(5) by striking subsection (d);
(6) by redesignating subsection (e) as subsection (d); and
(7) in paragraph (1)(D) of subsection (d) (as redesignated
by paragraph (6)) by striking ``commuter rail agencies'' and
inserting ``commuter authorities''.
SEC. 9302. NORTHEAST CORRIDOR PLANNING.
(a) In General.--Section 24904 of title 49, United States Code, is
amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by striking subsection (c);
(3) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively;
(4) by inserting before subsection (b), as so redesignated,
the following:
``(a) Service Development Plan.--
``(1) Requirement.--Not later than December 31, 2021, the
Northeast Corridor Commission established under section 24905
(referred to in this section as the `Commission') shall submit
to Congress a service development plan that identifies key
state-of-good-repair, capacity expansion, and capital
improvement projects planned for the Northeast Corridor, to
upgrade aging infrastructure and improve the reliability,
capacity, connectivity, performance, and resiliency of
passenger rail service on the Northeast Corridor.
``(2) Contents.--The service development plan required
under paragraph (1) shall--
``(A) provide a coordinated and consensus-based
plan covering a period of 15 years;
``(B) identify service objectives and capital
investments needs;
``(C) provide a delivery-constrained strategy that
identifies capital investment phasing, an evaluation of
workforce needs, and strategies for managing resources
and mitigating construction impacts on operations;
``(D) describe the anticipated outcomes of each
project or program, including an assessment of improved
capacity, travel time, and other benefits and costs of
proposed investments;
``(E) include a financial strategy that
incorporates available funding and identifies funding
needs and potential sources of such funding; and
``(F) be updated at least every 5 years.'';
(5) in subsection (b) (as redesignated by paragraph (3))--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``Not later than'' and all that
follows through ``shall'' and inserting ``Not
later than November 1 of each year, the
Commission shall'';
(ii) in subparagraph (A) by striking ``a
capital investment plan'' and inserting ``an
annual capital investment plan''; and
(iii) in subparagraph (B) by inserting
``for the Northeast Corridor'' after ``capital
investment plan'';
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``and
network optimization'';
(ii) in subparagraph (B) by striking ``and
service'';
(iii) in subparagraph (C) by striking
``first fiscal year after the date on which''
and inserting ``fiscal year during which'';
(iv) in subparagraph (D)--
(I) by striking ``identify,
prioritize,'' and all that follows
through ``and consider'' and inserting
``document the projects and programs
being undertaken to achieve the service
outcomes identified in the Northeast
Corridor service development plan, once
available, and the asset condition
needs identified in the Northeast
Corridor asset management system
described in subsection (e) and
consider''; and
(II) in clause (i) by inserting
``overall estimated'' before
``benefits'';
(v) in subparagraph (E)(i) by striking
``normalized capital replacement and'';
(vi) in subparagraph (F) by adding ``and''
at the end;
(vii) by striking subparagraph (G); and
(viii) by redesignating subparagraph (H) as
subparagraph (G); and
(C) in paragraph (3)--
(i) by striking ``paragraph (2)(H)'' and
inserting ``paragraph (2)(G)'';
(ii) in subparagraph (A)--
(I) by inserting ``anticipated''
before ``funding sources''; and
(II) by inserting ``and, in the
absence of an authorization or
appropriation of funds for a fiscal
year, be based on the amount of funding
available in the previous fiscal year,
plus inflation'' after ``methods'';
(iii) in subparagraph (B) by striking
``expected allocated shares of costs'' and
inserting ``status of cost sharing
agreements'';
(iv) in subparagraph (C) by striking
``and'' at the end;
(v) by redesignating subparagraph (D) as
subparagraph (E); and
(vi) by inserting after subparagraph (C)
the following:
``(D) include any funding needs in excess of
amounts authorized or otherwise available in a fiscal
year; and'';
(6) in subsection (c) (as redesignated by paragraph (3)) by
striking ``may be spent only on'' and all that follows through
the end and inserting ``may be spent only on capital projects
and programs contained in the Commission's capital investment
plan from the previous year.''; and
(7) by striking subsection (d) and inserting the following:
``(d) Review and Coordination.--The Commission shall gather
information from Amtrak, the States in which the Northeast Corridor is
located, and commuter rail authorities to support development of the
capital investment plan. The Commission may specify a format and other
criteria for the information submitted. Submissions to the plan from
Amtrak, States in which the Northeast Corridor are located, and
commuter rail authorities shall be provided to the Commission in a
manner that allows for a reasonable period of review by, and
coordination with, affected agencies.
``(e) Northeast Corridor Asset Management.--With regard to existing
infrastructure, Amtrak and other infrastructure owners that provide or
support intercity rail passenger transportation on the Northeast
Corridor shall develop an asset management system, and use and update
such system as necessary, to develop submissions to the Northeast
Corridor capital investment plan described in subsection (b). Such
system shall--
``(1) be timed consistent with the Federal Transit
Administration process, as authorized under section 5326, when
implemented; and
``(2) include, at a minimum--
``(A) an inventory of all capital assets owned by
the developer of the plan;
``(B) an assessment of asset condition;
``(C) a description of the resources and processes
necessary to bring or maintain those assets in a state
of good repair; and
``(D) a description of changes in asset condition
since the previous version of the plan.''.
(b) Conforming Amendments.--
(1) Accounts.--Section 24317(d)(1) of title 49, United
States Code, is amended--
(A) in subparagraph (B) by striking
``24904(a)(2)(E)'' and inserting ``24904(b)(2)(E)'';
and
(B) in subparagraph (F) by striking ``24904(b)''
and inserting ``24904(c)''.
(2) Federal-state partnership for state of good repair.--
Section 24911(e)(2) of title 49, United States Code, is amended
by striking ``24904(a)'' and inserting ``24904(b)''.
SEC. 9303. PROTECTIVE ARRANGEMENTS.
Section 22905 of title 49, United States Code, is amended--
(1) in subsection (c)(2)(B) by striking ``that are
equivalent to the protective arrangements established under
section 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 836)'' and inserting
``established by the Secretary under subsection (e)(1)'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Equivalent Employee Protections.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of this subsection, the Administrator of the
Federal Railroad Administration shall establish protective
arrangements equivalent to those established under section 504
of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 836), and require such protective arrangements
to apply to employees described under subsection (c)(2)(B) and
as required under subsection (j) of section 22907.
``(2) Publication.--The Administrator shall make available
on a publicly available website the protective arrangements
established under paragraph (1).''.
SEC. 9304. INTERSTATE RAIL COMPACTS.
(a) Identification.--Section 410 of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note)
is amended--
(1) in subsection (b)(2) by striking ``(except funds made
available for Amtrak)''; and
(2) by adding at the end the following:
``(c) Interstate Rail Compacts Program.--The Secretary of
Transportation shall--
``(1) make available on a publicly accessible website a
list of interstate rail compacts established in accordance with
subsection (a);
``(2) provide information to the public regarding
interstate rail compacts, including how States may establish
interstate rail compacts under subsection (a); and
``(3) annually update the information provided under
paragraph (2).''.
(b) Grants Authorized.--Chapter 229 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 22910. Interstate rail compacts support program
``(a) In General.--The Secretary shall develop and implement a
competitive grant program for providing administrative assistance,
including salaries, benefits, travel, and other administrative
expenses, to eligible applicants to support interstate and regional
efforts--
``(1) to improve the safety, efficiency, or reliability of
intercity passenger rail; and
``(2) to promote and develop intercity passenger rail
service, including through initiating, restoring, or enhancing
intercity passenger rail service.
``(b) Applicant Selection Criteria.--
``(1) In general.--In awarding grants under this section,
the Secretary shall consider--
``(A) the amount of other funding received by an
applicant (including funding from railroads) or other
significant participation by State, local, and regional
governmental and private entities;
``(B) the applicant's work to facilitate and
encourage regional planning for passenger rail
improvement, enhancement, and development;
``(C) the applicant's work to foster, through rail
transportation systems, economic development,
particularly in rural communities, for socially
disadvantaged individuals, and for disadvantaged
populations;
``(D) the applicant's efforts to provide guidance
to local communities on public and private resources
relate to community concerns, such as congestion, rail
and grade crossing safety, trespasser prevention, quiet
zones, idling, and rail line relocations;
``(E) whether the applicant seeks to restore
service over routes formerly operated by Amtrak,
including routes described in section 11304(a) of the
Passenger Rail Reform and Investment Act of 2015 (title
XI of division A of Public Law 114-94);
``(F) the applicant's intent to provide intercity
passenger rail service to regions and communities that
are underserved or not served by other intercity public
transportation;
``(G) whether the applicant is enhancing
connectivity and geographic coverage of the existing
national network of intercity rail passenger service;
``(H) the applicant's efforts to engage with
entities to deploy railroad safety technology or
programs, including trespassing prevention, rail
integrity inspection systems, or grade crossing safety;
``(I) whether the applicant prepares regional rail
and corridor service development plans and
corresponding environmental analysis; and
``(J) whether the applicant has engaged with the
Federal, local, or State government and transportation
planning agencies to identify projects necessary to
enhance multimodal connections or facilitate service
integration between rail service and other modes,
including between intercity rail passenger
transportation and intercity bus service, commercial
air service, or commuter rail service.
``(2) Preference.--In selecting grant recipients, the
Secretary shall give preference to applicants that are
initiating, restoring, or enhancing intercity rail passenger
transportation.
``(c) Application Process.--The Secretary shall prescribe the form
and manner of submitting applications under this section.
``(d) Performance Measures.--
``(1) In general.--The Secretary shall establish
performance measures for each grant recipient to assess
progress in achieving strategic goals and objectives.
``(2) Annual report.-- The Secretary shall require grant
recipients to submit an annual report of the activities of such
recipient and information related to applicable performance
measures, which may include--
``(A) a demonstration of progress to achieve or
advance the relevant criteria described in subsection
(b); and
``(B) the amount of non-Federal matching funds
provided from each member State.
``(e) Federal Share of Total Project Cost.--The Secretary shall
require each recipient of a grant under this subsection to provide a
non-Federal match of not less than 50 percent of the administrative
assistance to the interstate rail compact.
``(f) Applicable Requirements.--The use of any amounts appropriated
for grants under this section shall be subject to the applicable
requirements under this chapter.
``(g) Applicability.--Amounts appropriated to carry out this
section shall remain available until expended.
``(h) Limitations.--
``(1) Maximum funding per applicant.--The Secretary may not
award grants under this section in an amount exceeding $500,000
annually for each applicant.
``(2) Numeric limitation.--The Secretary may not provide
grants under this section to more than 10 interstate rail
compacts in any fiscal year.
``(i) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means an interstate
rail compact or an interstate commission composed of 2 or more
States that has been established to promote, develop, or
operate intercity passenger rail transportation systems.
``(2) Intercity passenger rail service.--The term
`intercity passenger rail service' has the meaning given the
term `intercity rail passenger transportation' in section
24102.''.
(c) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is further amended by adding at the end the
following:
``22910. Interstate rail compacts support program.''.
SEC. 9305. HIGH-SPEED RAIL UPDATES.
(a) High-speed Rail Corridor Planning.--Section 26101 of title 49,
United States Code, is amended--
(1) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A) by
striking ``, or if it is an activity described in
subparagraph (M)'';
(B) in subparagraph (J) by striking ``right-of-way
improvements'' and inserting ``right-of-way acquisition
or improvement needs'';
(C) in subparagraph (K) by inserting ``and'' at the
end; and
(D) by striking subparagraphs (L) and (M) and
inserting the following:
``(L) public costs in the creation of public private
partnerships.''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) through (3) and
inserting the following:
``(1) the extent to which the proposed planning focuses on
systems which will provide for high-speed rail;
``(2) the integration of the corridor into metropolitan
area and statewide transportation planning, including State
rail plans;
``(3) the use of rail stations within urbanized areas that
are located in a geographic area with a greater density
population than the urbanized area as a whole;'';
(B) in paragraph (4) by inserting before the
semicolon ``, passenger rail, transit, and other
multimodal options'';
(C) in paragraph (6) by inserting ``and reduce
greenhouse gas emissions'' before the semicolon; and
(D) in paragraph (11) by inserting ``, including
access to affordable housing'' before the semicolon.
(b) Definitions.--Section 26105(2) of title 49, United States Code,
is amended--
(1) by inserting ``made available to members of the general
public as passengers and reasonably expected to reach speeds
of'' after ``service which is'';
(2) in subparagraph (A) by striking ``reasonably expected
to reach sustained speeds of more than 125 miles per hour;
and'' and inserting ``160 miles per hour or more on shared-use
right-of-way; or''; and
(3) in subparagraph (B) by striking ``made available to
members of the general public as passengers'' and inserting
``186 miles per hour or more on dedicated right-of-way''.
(c) High-speed Rail Corridor Development.--Section 26106(e)(2) of
title 49, United States Code, is amended--
(1) in subparagraph (A)(i) by striking ``section 211 of the
Passenger Rail Investment and Improvement Act of 2008'' and
inserting ``section 24904(a)''; and
(2) in subparagraph (C)(i)--
(A) by striking subclause (III);
(B) by redesignating subclause (II) as subclause
(III);
(C) by inserting after subclause (I) the following:
``(II) connectivity to rail
stations within urbanized areas that
are located in a geographic area with a
greater density population than the
urbanized area as a whole;''; and
(D) by striking subclause (IV) and inserting the
following:
``(IV) environmental benefits,
including projects that--
``(aa) reduce greenhouse
gas emissions; and
``(bb) involve
electrification or the purchase
of environmentally sensitive,
fuel-efficient, and cost-
effective passenger rail
equipment;''.
SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS.
(a) In General.--Chapter 229 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 22911. State rail planning formula funds
``(a) In General.--In carrying out this chapter, the Secretary
shall allocate an appropriate portion of 1.5 percent of the amounts
made available for programs under this chapter to provide grants to
States--
``(1) for State or multi-State regional intercity passenger
rail corridor planning or project-specific, intercity passenger
rail planning purposes; or
``(2) for funding rail projects otherwise eligible under
section 22907 if no intercity passenger rail planning is
feasible.
``(b) Limitation of Funds.--Any unobligated balances of a grant
under this section remaining after 3 years from the fiscal year in
which the grant was made shall be redistributed in an appropriate
portion.
``(c) Definitions.--In this section:
``(1) Appropriate portion.--The term `appropriate portion'
means a share, for each State--
``(A) one quarter of which is comprised of the
ratio that the total railroad route miles in such State
bears to the total railroad route miles in the United
States, excluding from each such total the route miles
used exclusively for tourist excursions;
``(B) one quarter of which is comprised of the
ratio that the population in such State bears to the
total population of the United States, as determined by
the Bureau of the Census; and
``(C) half of which is comprised of the ratio that
the Amtrak ridership for fiscal year 2019 in each State
bears to the total Amtrak ridership for fiscal year
2019.
``(2) State.--The term `State' means each of the 50 States
and the District of Columbia.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is further amended by adding at the end the end the
following:
``22911. State rail planning formula funds.''.
SEC. 9307. NORTH ATLANTIC RAIL INTERSTATE COMPACT.
(a) In General.--Chapter 249 of title 49, United States Code, is
amended by inserting after section 24905 the following:
``Sec. 24905A. North Atlantic Rail Interstate Compact; North Atlantic
Rail Network
``(a) North Atlantic Rail Interstate Compact.--
``(1) Establishment.--Not later than 180 days after the
date of the enactment of this section, the Secretary of
Transportation shall appoint a director for the North Atlantic
Rail Interstate Compact (referred to in this section as the
`Compact') in collaboration with states identified in paragraph
(2)(A).
``(2) Board of directors.--
``(A) Composition.--The Compact shall be governed
by a board of directors, which shall be composed of
directors, of whom--
``(i) 2 directors shall be appointed by the
Secretary of Transportation;
``(ii) 1 director shall be appointed by the
Chief Executive Officer of Amtrak;
``(iii) 2 directors shall be appointed by
the Governor of Connecticut;
``(iv) 2 directors shall be appointed by
the Governor of Maine;
``(v) 2 directors shall be appointed by the
Governor of Massachusetts;
``(vi) 2 directors shall be appointed by
the Governor of New Hampshire;
``(vii) 2 directors shall be appointed by
the Governor of New York;
``(viii) 2 directors shall be appointed by
the Governor of Rhode Island; and
``(ix) 2 directors shall be appointed by
the Governor of Vermont.
``(B) Term; qualifications.--Of the individuals
appointed pursuant to each of the clauses (iii) through
(ix) of paragraph (1)--
``(i) 1 shall be the head of the respective
State department of transportation; and
``(ii) the other director appointed by the
respective governor--
``(I) shall serve for a 5-year
term;
``(II) shall be a resident of the
appointing governor's State;
``(III) may not be an employee of
the government of such State; and
``(IV) shall be an expert in
transportation policy, finance, public
policy, planning or a related
discipline associated with the purpose
and mission of the Compact.
``(C) No compensation.--Directors shall serve
without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in
accordance with applicable provisions of subchapter I
of chapter 57 of title 5, United States Code.
``(3) Purpose.--The purpose of the Compact shall be to
construct, on an accelerated basis, a North Atlantic Rail
Network in order--
``(A) to provide clean, safe, coordinated and
efficient high-speed and high-performance passenger
rail transportation in the 7-State North Atlantic Rail
Network region; including the improvement of existing
intercity passenger rail services;
``(B) to reduce carbon emissions from auto and air
transportation in such region in order to meet the
greenhouse gas performance targets established under
section 150(d) of title 23; and
``(C) to provide employment opportunities and
economic development in the cities and regions served
by a North Atlantic Rail Network.
``(4) Staffing.--The directors and officers of the Compact
may appoint and fix the pay of such personnel, as they consider
necessary and appropriate, to advance the design and
construction of a North Atlantic Rail Network.
``(5) Coordination.--The Compact, in designing and
constructing a North Atlantic Rail Network, shall coordinate
and cooperate with--
``(A) the Secretary of Transportation;
``(B) the Northeast Corridor Commission;
``(C) Amtrak;
``(D) State departments of transportation, regional
transportation authorities, and other State-established
entities, responsible for the provision of passenger
rail in the North Atlantic Rail Network region; and
``(E) freight railroads that host passenger trains
or operate freight trains over passenger rail lines
within the territory.
``(b) North Atlantic Rail Network.--
``(1) Creation.--Notwithstanding the existing service along
the Northeast Corridor, the Compact shall construct a North
Atlantic Rail Network, which may include--
``(A) additional high-speed rail service between
Boston and New York;
``(B) a high-performance network of intercity
passenger rail transportation throughout the 7-State
region; and
``(C) an integrated network of metropolitan
passenger rail transportation coordinated with the
high-speed rail service referred to in subparagraph
(A).
``(2) Authorizations.--The Compact shall have the same
authorities provided to interstate compacts in section 410 of
the Amtrak Reform and Accountability Act of 1997 (49 U.S.C.
24101 note), including--
``(A) receiving appropriations--
``(i) to plan, design, engineer, and
acquire property (including railroad rights-of-
way);
``(ii) to conduct competitive procurements;
``(iii) to enter into construction
contracts;
``(iv) to form project labor agreements;
and
``(v) to construct a North Atlantic Rail
Network;
``(B) utilizing all design-build and other
alternative procurement policies and practices approved
by the Department of Transportation;
``(C) utilizing existing authorities to expedite
reviews for infrastructure investment within existing
rights of way under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
``(D) contracting with Amtrak, State departments of
transportation, or related operating entities within
the 7-State North Atlantic Rail Network region to
design or construct elements of a North Atlantic Rail
Network.
``(3) Commencement of operations.--The Compact shall
commence operations and be eligible for appropriated funding in
any State that has ratified the Compact, upon the ratification
of a minimum of 2 states of the Compact.
``(4) Responsibilities.--If a State department of
transportation or its related operating entity owns the right-
of-way for a rail line segment within a North Atlantic Rail
Network, such department or entity shall be responsible for the
design and construction of improvements on such segment of a
North Atlantic Rail Network.
``(5) Work performed on right-of-way.--Notwithstanding
paragraph (2)(D), all work done in existing rail right-of-way
shall be performed only in accordance with the rail collective
bargaining agreements applicable to work performed on such
right-of-way.''.
(b) Clerical Amendment.--The analysis for chapter 249 of title 49,
United States Code, is amended by inserting after the item relating to
section 24905 the following:
``24905A. North Atlantic Rail Interstate Compact; North Atlantic Rail
Network.''.
(c) Sunset.--Upon the earlier of the completion of the construction
of all of the elements of a North Atlantic Rail Network created
pursuant to subsection (b)(1) of section 24905A of title 49, United
States Code, as added by this Act, or the date that is 20 years after
the date of the enactment of this Act--
(1) the North Atlantic Rail Interstate Compact established
pursuant to subsection (a)(1) of such section shall be
dissolved; and
(2) the assets of the North Atlantic Rail Interstate
Compact shall be transferred to Amtrak.
TITLE IV--COMMUTER RAIL POLICY
SEC. 9401. SENSE OF CONGRESS REGARDING COMMUTER RAIL LIABILITY
INSURANCE.
(a) Findings.--Congress finds the following:
(1) Prior to the COVID-19 pandemic, 32 commuter railroads
across the United States safely carried passengers on more than
500,000,000 trips each year.
(2) Commuter rail is a $9,900,000,000 industry that creates
and supports more than 200,000 public- and private-sector jobs,
and continues to grow.
(3) Most commuter rail agencies are required to maintain
liability insurance up to statutory liability limits.
(4) Commuter rail agencies face significant obstacles to
finding and obtaining liability insurance.
(5) Only a handful of insurers offer this coverage, and a
significant percentage of the railroad liability insurance
marketplace is provided by foreign companies.
(6) The number of insurers in the American and foreign
markets willing to even offer potential capacity for this
coverage has drastically decreased over the past several years,
and, regardless of cost, it is becoming extremely difficult for
commuter railroads to obtain the needed coverage.
(7) Despite the exceptional safety record of commuter
railroads and recent full compliance with positive train
control, a 2021 survey of the American Public Transportation
Association's commuter rail agencies revealed that there has
been a 60 percent increase in premium costs over the last 3
years.
(8) The increase in premiums is largely due to factors
outside the control of the commuter rail industry, including
major forest fires, hurricanes, and insurers exiting the
market.
(9) The cost of liability insurance severely impacts the
operating budgets of many commuter rail agencies and
potentially affects their ability to offer these critical
public transportation services.
(b) Sense of Congress.--It is the sense of Congress that Congress
should address the capacity and cost issues associated with the
commuter rail liability insurance market and consider establishing a
commuter rail insurance program within the Department of
Transportation.
SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION OF TRACKAGE USE
REQUESTS.
Section 28502 of title 49, United States Code, is amended to read
as follows:
``Sec. 28502. Surface Transportation Board mediation of trackage use
requests
``A rail carrier shall provide good faith consideration to a
reasonable request from a provider of commuter rail passenger
transportation for access to trackage and provision of related
services. If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail carrier to
use trackage of, and have related services provided by, the rail
carrier for purposes of commuter rail passenger transportation, the
public transportation authority or the rail carrier may apply to the
Board for nonbinding mediation. In any case in which dispatching for
the relevant trackage is controlled by a rail carrier other than the
trackage owner, both shall be subject to the requirements of this
section and included in the Board's mediation process. The Board shall
conduct the nonbinding mediation in accordance with the mediation
process of section 1109.4 of title 49, Code of Federal Regulations, as
in effect on the date of enactment of the TRAIN Act. During such
mediation process, the Board shall determine whether the consideration
a rail carrier provided to a request was in good faith and whether the
request from a provider of commuter rail passenger transportation was
reasonable. The determinations made in the preceding sentence shall
have no effect on the nonbinding nature of the mediation.''.
SEC. 9403. SURFACE TRANSPORTATION BOARD MEDIATION OF RIGHTS-OF-WAY USE
REQUESTS.
Section 28503 of title 49, United States Code, is amended to read
as follows:
``Sec. 28503. Surface Transportation Board mediation of rights-of-way
use requests
``A rail carrier shall provide good faith consideration to a
reasonable request from a provider of commuter rail passenger
transportation for access to rail right-of-way for the construction and
operation of a segregated fixed guideway facility. If, after a
reasonable period of negotiation, a public transportation authority
cannot reach agreement with a rail carrier to acquire an interest in a
railroad right-of-way for the construction and operation of a
segregated fixed guideway facility to provide commuter rail passenger
transportation, the public transportation authority or the rail carrier
may apply to the Board for nonbinding mediation. In any case in which
dispatching for the relevant trackage is controlled by a rail carrier
other than the right-of-way owner, both shall be subject to the
requirements of this section and included in the Board's mediation
process. The Board shall conduct the nonbinding mediation in accordance
with the mediation process of section 1109.4 of title 49, Code of
Federal Regulations, as in effect on the date of enactment of the TRAIN
Act. During such mediation process, the Board shall determine whether
the consideration a rail carrier provided to a request was in good
faith and whether the request from a provider of commuter rail
passenger transportation was reasonable. The determinations made in the
preceding sentence shall have no effect on the nonbinding nature of the
mediation.''.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
SEC. 9501. STUDY ON SAFETY IMPACT OF LONG TRAINS.
(a) Study.--The Secretary of Transportation shall conduct a study
on the safety impacts of the operation of long trains.
(b) Contents.--The study conducted under subsection (a) shall
include--
(1) an examination of any potential risks of the operation
of long trains and recommendations on mitigation of any such
risks;
(2) among other safety factors with respect to the
operation of such trains, an evaluation of any--
(A) potential risk of loss of communications
between an end-of-train device, or a distributed power
unit, and the locomotive cab, including communications
over differing terrains and conditions;
(B) potential risk of loss of radio communications
between crewmembers after a crewmember alights from a
train, including communications over differing terrains
and conditions;
(C) potential risk of derailments, including any
risks associated with in-train compressive forces and
slack action, or other safety risks in differing
terrains and conditions;
(D) changes in risks or benefits to safety
associated with the deployment of multiple distributed
power units in the consists of such trains; and
(E) impacts of the length of trains on braking and
locomotive performance and track wear and tear; and
(3) an evaluation of whether additional engineer and
conductor training is required for safely operating such
trains.
(c) Collaboration.--In conducting the study required under
subsection (a), the Secretary shall collaborate with railroad carriers,
labor organizations representing railroad employees, and railroad
safety technology manufacturers.
(d) Results of Study.--
(1) Report.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that contains--
(A) the results of the study required by subsection
(a);
(B) any recommendations for mitigating safety risks
caused by long trains; and
(C) a description of any action the Secretary
intends to take to address any safety risk identified
in the study.
(2) Sharing study results.--After submitting the report
required by paragraph (1), the Secretary shall share the
results of the study with railroad carriers, labor
organizations representing railroad employees, and safety
technology organizations.
(e) Secretary Action.--Not later than 180 days after the date on
which the report required by subsection (d)(1) is submitted, the
Secretary shall implement any proposed actions described in such
report.
(f) Definition.--In this section, the term ``long train'' means a
freight train composed of more than 150 rail cars.
(g) Funding.--From the amounts made available for fiscal year 2021
to carry out section 20117(a) of title 49, United States Code, the
Secretary shall expend not less than $1,000,000 and not more than
$2,000,000 to carry out this section.
SEC. 9502. FRA SAFETY REPORTING.
(a) In General.--Section 20901 of title 49, United States Code, is
amended by inserting ``(including the train length, the number of crew
members in the controlling locomotive cab, and the duties of such crew
members)'' after ``reported accident or incident''.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue such
regulations as are necessary to carry out the amendment made by
subsection (a).
(c) Trend Analysis.--
(1) In general.--Chapter 209 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 20904. Trend analysis
``(a) Annual Review and Analysis.--Not later than 1 year after the
date of enactment of the TRAIN Act, and not less frequently than
annually thereafter, the Secretary shall review the reports filed by a
railroad carrier subject to section 20901(a) and analyze the data
contained in such reports for trends or patterns of potential safety
risks.
``(b) Secretary Action.--If the Secretary identifies any such
trends or patterns, the Secretary shall--
``(1) take such actions as are necessary to address the
potential safety risk; and
``(2) if appropriate, communicate any such trends or
patterns to a representative of any relevant railroad carrier
and a representative of the employees of such railroad carrier,
including any nonprofit employee labor organization
representing a craft or class of employees subject to the
potential safety risk.''.
(2) Clerical amendment.--The analysis for chapter 209 of
title 49, United States Code, is amended by adding at the end
the following:
``20904. Trend analysis.''.
(d) Accident and Incident Reporting.--Section 209 of the Rail
Safety Improvement Act of 2008 (49 U.S.C. 20901 note) is amended by
inserting ``, and other events required to be reported under part 225
of title 49, Code of Federal Regulations,'' after ``collisions and
fatalities''.
SEC. 9503. WAIVER NOTICE REQUIREMENTS.
Section 20103(d) of title 49, United States Code, is amended to
read as follows:
``(d) Nonemergency Waivers.--
``(1) In general.--The Secretary may waive or suspend
compliance with any part of a regulation prescribed or order
issued under this chapter if the waiver or suspension is in the
public interest and consistent with railroad safety.
``(2) Notice required.--The Secretary shall--
``(A) provide timely public notice of any request
for a waiver or suspension under this subsection;
``(B) make the application for such waiver or
suspension and any related underlying data available to
interested parties;
``(C) provide the public with notice and a
reasonable opportunity to comment on a proposed waiver
or suspension under this subsection before making a
final decision; and
``(D) make public the reasons for granting a waiver
or suspension under this subsection.
``(3) Information protection.--Nothing in this subsection
shall be construed to require the release of information
protected by law from public disclosure.''.
SEC. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY COMPLIANCE ASSESSMENTS.
(a) Initial Notice.--If the Federal Railroad Administration
initiates a comprehensive safety compliance assessment of an entity
providing regularly scheduled intercity or commuter rail passenger
transportation, the Administration shall notify in electronic format
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of such comprehensive safety compliance
assessment not later than 10 business days after the date on which
commencement of any field investigation activity that is part of such
assessment occurs.
(b) Findings.--Not later than 180 days after completion of a
comprehensive safety compliance assessment described in subsection (a),
the Federal Railroad Administration shall transmit in electronic format
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a summary report of the findings of such
assessment.
(c) Definition of Comprehensive Safety Compliance Assessment.--In
this section, the term ``comprehensive safety compliance assessment''
means a focused review initiated and managed by the Federal Railroad
Administration based on findings from an accident investigation and
involving at least 2 technical disciplines, with the purpose of
examining the compliance of an entity providing regularly scheduled
intercity or commuter rail passenger transportation with safety
standards.
SEC. 9505. FRA ACCIDENT AND INCIDENT INVESTIGATIONS.
Section 20902 of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``subpena'' and inserting
``subpoena'';
(2) in subsection (c) by inserting ``The Secretary shall
develop a process to make available to a representative of the
railroad carrier that is the subject of an accident or incident
investigation, and to a representative of the employees of such
railroad carrier, including a nonprofit employee labor
organization representing railroad workers, a draft
investigation report for timely review and comment.'' after the
period at the end; and
(3) by adding at the end the following:
``(d) Gathering Information and Technical Expertise.--
``(1) In general.--The Secretary shall create a standard
process for investigators to use during accident and incident
investigations conducted under this section to--
``(A) gather information about an accident or
incident under investigation from railroad carriers,
contractors or employees of railroad carriers or
representatives of employees of railroad carriers, and
others determined relevant by the Secretary; and
``(B) consult with railroad carriers, contractors
or employees of railroad carriers or representatives of
employees of railroad carriers, and others determined
relevant by the Secretary, for technical expertise on
the facts of the accident or incident under
investigation.
``(2) Confidentiality.--In developing the process under
paragraph (1), the Secretary shall factor in ways to maintain
the confidentiality of any entity identified under paragraph
(1) if--
``(A) such entity requests confidentiality;
``(B) such entity was not involved in the accident
or incident; and
``(C) maintaining such entity's confidentiality
does not adversely affect an investigation of the
Federal Railroad Administration.
``(3) Application of law.--This subsection shall not apply
to any investigation carried out by the National Transportation
Safety Board.''.
SEC. 9506. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 20169. Freight train crew size safety standards
``(a) Minimum Crew Size.--No freight train may be operated unless
such train has a 2-person crew comprised of at least 1 appropriately
qualified and certified conductor and 1 appropriately qualified and
certified locomotive engineer.
``(b) Exceptions.--Except as provided in subsection (d), the
prohibition in subsection (a) shall not apply in any of the following
circumstances:
``(1) Train operations on track that is not a main track.
``(2) A train operated--
``(A) by a railroad carrier that has fewer than
400,000 total employee work hours annually and less
than $40,000,000 annual revenue (adjusted for inflation
as measured by the Surface Transportation Board
Railroad Inflation-Adjusted Index);
``(B) at a speed of not more than 25 miles per
hour; and
``(C) on a track with an average track grade of
less than 2 percent for any segment of track that is at
least 2 continuous miles.
``(3) Locomotives performing assistance to a train that has
incurred mechanical failure or lacks the power to traverse
difficult terrain, including traveling to or from the location
where assistance is provided.
``(4) Locomotives that--
``(A) are not attached to any equipment or attached
only to a caboose; and
``(B) do not travel farther than 30 miles from the
point of origin of such locomotive.
``(5) Train operations staffed with fewer than a two-person
crew at least 1 year prior to the date of enactment of this
section, if the Secretary determines that the operation
achieves an equivalent level of safety.
``(c) Trains Ineligible for Exception.--The exceptions under
subsection (b) may not be applied to--
``(1) a train transporting 1 or more loaded cars carrying
high-level radioactive waste, spent nuclear fuel, or material
toxic by inhalation;
``(2) a train carrying 20 or more loaded tank cars of a
Class 2 material or a Class 3 flammable liquid in a continuous
block or a single train carrying 35 or more loaded tank cars of
a Class 2 material or a Class 3 flammable liquid throughout the
train consist; or
``(3) a train with a total length of 7,500 feet or greater.
``(d) Waiver.--A railroad carrier may seek a waiver of the
requirements of this section pursuant to section 20103(d).''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is amended by adding at the end
the following:
``20169. Freight train crew size safety standards.''.
SEC. 9507. BORDER CROSSINGS.
(a) Border Crossings.--The Secretary of Transportation shall
require that--
(1) any railroad carrier that is operating a freight train
across the southern border into the United States operates the
train continually until the last car of the train passes
through the scanning facility used for nonintrusive inspection
by U.S. Customs and Border Protection located at such border;
(2) when the last car of such train passes through such
facility, the railroad carrier shall stop such train to conduct
a crew interchange and any federally-mandated safety testing;
and
(3) the railroad carrier ensures that the only individuals
that operate such trains after carrying out the activities
described in paragraph (2) are individuals--
(A) who are United States nationals or aliens
lawfully admitted for permanent residence in the United
States; and
(B) whose primary reporting point is in the United
States.
(b) Funding.--
(1) Set-aside.--From the amounts made available to carry
out section 22907 of title 49, United States Code, the
Secretary shall set aside, for each of fiscal years 2022
through 2026, $60,000,000 for projects to prevent blocked
crossing incidents as a result of operations made necessary by
subsection (a). Projects eligible for funding under this
paragraph are--
(A) highway-rail grade crossing separation projects
eligible under such section that are located not
further than 1.5 miles from a scanning facility
described in subsection (a)(1); and
(B) projects eligible under such section to
relocate a rail line to prevent blocked crossing
incidents resulting from trains crossing the southern
border.
(2) Unobligated funds.--Any funds provided under paragraph
(1) that are unobligated at the end of the second fiscal year
following the fiscal year in which such funds are set aside may
be used for any eligible project under section 22907.
(c) Agreement.--The Secretary shall ensure that a recipient of
funds made available under subsection (b)(1)(A) has a written agreement
with any railroad carrier operating over the infrastructure constructed
or improved with such funds that includes a requirement that any such
railroad carrier may not operate trains over such infrastructure that,
due to the length of the train, are likely to cause blocked crossing
incidents.
(d) Rule of Construction.--Nothing in this section shall be
construed as amending any safety regulation of the Federal Railroad
Administration or amending or revoking any waivers such Administration
has granted under section 20103 of title 49, United States Code.
(e) Definitions.--In this section:
(1) Railroad carrier.--The term ``railroad carrier'' has
the meaning given such term in section 20102 of title 49,
United States Code.
(2) Southern border.--The term ``southern border'' means
the international border between the United States and Mexico.
(3) Blocked crossing incident.--The term ``blocked crossing
incident'' has the meaning given such term in section 20173 of
title 49, United States Code.
SEC. 9508. YARDMASTERS HOURS OF SERVICE.
(a) Limitations on Duty Hours of Yardmaster Employees.--Section
21103 of title 49, United States Code, is amended--
(1) in the section heading by inserting ``and yardmaster
employees'' after ``train employees'';
(2) by inserting ``or yardmaster employee'' after ``train
employee'' each place it appears; and
(3) in subsection (e) by inserting ``or yardmaster
employee's'' after ``During a train employee's''.
(b) Definitions.--Section 21101 of title 49, United States Code, is
amended--
(1) in paragraph (3) by inserting ``a yardmaster
employee,'' after ``dispatching service employee,''; and
(2) by adding at the end the following:
``(6) `yardmaster employee' means an individual responsible
for supervising and coordinating the control of trains and
engines operating within a rail yard.''.
(c) Conforming Amendment.--The analysis for chapter 211 of title
49, United States Code, is amended by striking the item relating to
section 21103 and inserting the following:
``21103. Limitations on duty hours of train employees and yardmaster
employees.''.
SEC. 9509. LEAKING BRAKES.
(a) In General.--The Administrator of the Federal Railroad
Administration shall take such actions as are necessary to prohibit the
use of any service air brake control valve or emergency air brake
control valve in any location north of the 37th parallel during the
period beginning on November 1 and ending on March 31 of any year if--
(1) the period between the date on which the air brake
control valve is in use and the date of the manufacture or
recondition of such valve exceeds 15 years; and
(2) the air brake control valve is operated in--
(A) a unit train on or after August 1, 2023;
(B) a train transporting 1 or more materials
poisonous by inhalation, as such term is defined in
section 171.8 of title 49, Code of Federal Regulations,
on or after August 1, 2023; or
(C) a non-unit train on or after August 1, 2025.
(b) Reports.--Not later than 1 year after the date of enactment of
this Act, and every year thereafter until air brake control valves
described in subsection (a) are no longer operating in trains as
required under subparagraphs (A) and (B) of subsection (a)(1), the
Administrator shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
identifies--
(1) the estimated number of such air brake control valves
in use on--
(A) unit trains operating north of the 37th
parallel between November 1 and March 31; and
(B) trains transporting 1 or more material
poisonous-by-inhalation operating north of the 37th
parallel during the period beginning on November 1 and
ending on March 31;
(2) any issues affecting the industry's progress toward
ensuring that such air brake control valves are phased out in
accordance with the requirements of subsection (a); and
(3) efforts the Administrator has taken since the previous
report to ensure such air brake control valves are phased out
in accordance with the requirements of subsection (a).
(c) Rulemaking.--If, after collecting data through a science-based
methodology, the Administrator determines the prohibition under
subsection (a) does not ensure a sufficient level of safety, the
Administrator may propose alternative actions in a rulemaking
addressing the air brake control valves subject to this section.
SEC. 9510. REPORT ON PTC SYSTEM FAILURES.
Section 20157 of title 49, United States Code, is amended by adding
at the end the following:
``(m) Report of System Failures.--The Secretary shall require
railroad carriers and other entities subject to subsection (a) to
regularly report to the Administrator failures of positive train
control systems. The Secretary shall prescribe the type of failure,
format, interval, and detail required for reports submitted under this
subsection.''.
SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue final
regulations on fatigue management plans based on the notice of proposed
rulemaking published on December 22, 2020, titled ``Fatigue Risk
Management Programs for Certain Passenger and Freight Railroads'' (85
Fed. Reg. 83484; Docket No. FRA-2015-0122).
(b) Monitoring.--
(1) Fatigue as cause or contributing factor.--If a Federal
Railroad Administration railroad accident or incident
investigation conducted under section 20902 of title 49, United
States Code, identifies that fatigue was a casual or
contributing factor to an accident or incident, the Secretary
may reopen a fatigue management plan of a passenger railroad
operation or a railroad subject to part 270 or part 271,
respectively, of title 49, Code of Federal Regulations.
(2) Fatigue as systemic issue.--If the Secretary determines
that fatigue is a systemic issue for a passenger railroad
operation or railroad, the Secretary shall reopen a fatigue
management plan of such passenger railroad operation or a
railroad subject to part 270 or part 271, respectively, of
title 49, Code of Federal Regulations.
(3) Reopening of fatigue management plan.--If the Secretary
reopens a fatigue management plan under paragraph (1) or (2),
the Secretary shall--
(A) consider whether any statement filed under
sections 270.208(e) and 271.207(e) of title 49, Code of
Federal Regulations, addressed such plan; and
(B) consult with employees, including labor
organizations representing railroad employees, of the
passenger railroad operation or railroad that has a
reopened fatigue management plan.
SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this division, is further amended by adding
at the end the following:
``Sec. 20170. Assault prevention and response plans
``(a) In General.--Not later than 180 days after the date of
enactment of the TRAIN Act, any entity that provides regularly
scheduled intercity or commuter rail passenger transportation shall
submit to the Secretary of Transportation for review and approval an
assault prevention and response plan (in this section referred to as
the `Plan') to address transportation assaults.
``(b) Contents of Plan.--The Plan required under subsection (a)
shall include--
``(1) procedures that--
``(A) facilitate the reporting of a transportation
assault, including the notification of on-site
personnel, rail law enforcement, and local law
enforcement;
``(B) personnel should follow up on the reporting
of a transportation assault, including actions to
protect affected individuals from continued assault;
``(C) may be taken to remove the passenger or
personnel who has committed a transportation assault
from the train or related area or facility as soon as
practicable when appropriate;
``(D) include protections and safe reporting
practices for passengers who may have been assaulted by
personnel; and
``(E) may limit or prohibit, to the extent
practicable, future travel with the entity described in
subsection (a) by any passenger or personnel who
commits a transportation assault against personnel or
passengers;
``(2) a policy that ensures an employee who is a victim or
witness of a transportation assault may participate in the
prosecution of a criminal offense of such assault without any
adverse effect on the victim's or witnesses' employment status;
and
``(3) a process and timeline for conducting an annual
review and update of the Plan.
``(c) Notice to Passengers.--An entity described under subsection
(a) shall display onboard trains and in boarding areas, as appropriate,
a notice stating the entity's abilities to restrict future travel under
subsection (b)(1)(E).
``(d) Personnel Training.--An entity described under subsection (a)
shall provide initial and annual training for all personnel on the
contents of the Plan, including training regarding--
``(1) the procedures described in subsection (b);
``(2) methods for responding to hostile situations,
including de-escalation training; and
``(3) rights and responsibilities of personnel with respect
to a transportation assault on themselves, other personnel, or
passengers.
``(e) Personnel Participation.--The Plan required under subsection
(a) shall be developed and implemented with the direct participation of
personnel, and, as applicable, labor organizations representing
personnel.
``(f) Reporting.--
``(1) Incident notification.--
``(A) In general.--Not later than 10 days after a
transportation assault incident, the applicable entity
described in subsection (a) shall notify personnel
employed at the location in which the incident
occurred. In the case of an incident on a vehicle, such
entity shall notify personnel regularly scheduled to
carry out employment activities on the service route on
which the incident occurred.
``(B) Content of incident report.--The notification
required under paragraph (1) shall--
``(i) include a summary of the incident;
and
``(ii) be written in a manner that protects
the confidentiality of individuals involved in
the incident.
``(2) Annual report.--For each calendar year, each entity
with respect to which a transportation assault incident has
been reported during such year shall submit to the Secretary a
report that describes--
``(A) the number of assault incidents reported to
the entity, including--
``(i) the number of incidents committed
against passengers; and
``(ii) the number of incidents committed
against personnel; and
``(B) the number of assault incidents reported to
rail or local law enforcement by personnel of the
entity.
``(3) Publication.--The Secretary shall make available to
the public on the primary website of the Federal Railroad
Administration the data collected under paragraph (2).
``(4) Data protection.--Data made available under this
subsection shall be made available in a manner that protects
the confidentiality of individuals involved in transportation
assault incidents.
``(g) Definition of Transportation Assault.--In this section, the
term `transportation assault' means the occurrence, or reasonably
suspected occurrence, of an act that--
``(1) constitutes assault;
``(2) is committed by a passenger or member of personnel of
an entity that provides regularly scheduled intercity or
commuter rail passenger transportation against another
passenger or member of personnel of such entity; and
``(3) takes place--
``(A) within a vehicle of such entity; or
``(B) in an area in which passengers are entering
or exiting a vehicle described in subparagraph (A); or
``(C) at a station or facility where such entity
operates, regardless of ownership of the station or
facility.''.
(b) Conforming Amendment.--The analysis for subchapter II of
chapter 201 of title 49, United States Code, as amended by this
division, is further amended by adding at the end the following:
``20170. Assault prevention and response plans.''.
SEC. 9513. CRITICAL INCIDENT STRESS PLANS.
The Secretary of Transportation shall issue such regulations as are
necessary to amend part 272 of title 49, Code of Federal Regulations,
to ensure that--
(1) the coverage of a critical incident stress plan under
section 272.7 of such part includes directly involved employees
of commuter railroads and intercity passenger railroads, as
such terms are defined in section 272.9 of such part; and
(2) assault and the witnessing of an assault against an
employee or train passenger is included in the definition of
critical incident under section 272.9 of such part.
SEC. 9514. CREWMEMBER CERTIFICATION AND QUALIFICATION.
(a) Audit of Programs.--
(1) In general.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this division, is further
amended by adding at the end the following:
``Sec. 20171. Audit of qualification and certification programs
``(a) In General.--Not later than 1 year after the date of
enactment of the TRAIN Act, and not less frequently than every 5 years
thereafter, the Secretary shall conduct an audit of--
``(1) the qualification and certification program of
locomotive engineers of each Class I railroad carrier subject
to the requirements of part 240 of title 49, Code of Federal
Regulations; and
``(2) the qualification and certification program of
conductors of each Class I railroad carrier subject to the
requirements of part 242 of title 49, Code of Federal
Regulations.
``(b) Contents of Audit.--In carrying out the audit required under
subsection (a), the Secretary shall--
``(1) consider whether the training, qualification, and
continuing education components of the programs described in
subsection (a) comply with regulations in parts 240 and 242 of
title 49, Code of Federal Regulations;
``(2) assess the quality of the training that railroad
carriers provide locomotive engineers and conductors under such
programs;
``(3) determine whether such programs provide locomotive
engineers and conductors the knowledge, skill, and ability to
safely operate the types of locomotives or trains a railroad
carrier may require a locomotive engineer and conductor to
operate, including all associated technology used on such
locomotives or trains;
``(4) determine whether the training, qualification, and
continuing education components of such programs reflect the
operating practices of the railroad carrier carrying out such
components;
``(5) assess whether a railroad carrier conducting such
programs provides locomotive engineers or conductors adequate
at-controls training before certification;
``(6) assess how a railroad carrier uses a simulator or
other technology to train, familiarize, or provide recurrent
training to a locomotive engineer or conductor, including how
the use of a simulator or other such technology compares to
international experience or practice; and
``(7) address any other safety issues the Secretary
determines appropriate for preparing locomotive engineers and
conductors.
``(c) Deficiency in Qualification and Certification Program.--If,
in conducting the audit required under this section, the Secretary
identifies a deficiency in a railroad carrier's qualification and
certification program of locomotive engineers or the qualification and
certification program of conductors, the Secretary shall require the
railroad carrier to update such program to eliminate the deficiency.
``(d) Consultation.--In conducting the audit required under this
section, the Secretary shall consult with representatives of each
railroad carrier and representatives of the employees of the railroad
carrier, including any nonprofit employee labor organization
representing engineers or conductors of the railroad carrier.
``(e) Cooperation.--
``(1) In general.--A railroad carrier and employees of the
railroad carrier, including any nonprofit employee labor
organization representing engineers or conductors of the
railroad carrier, shall cooperate fully with the Secretary
during an audit required under this section.
``(2) Documents; interviews.--A railroad carrier shall
provide any documents requested by the Secretary or make
available any employee for interview with the Secretary without
undue delay or obstruction.
``(f) Report to Congress.--Not later than 90 days after the date on
which the Secretary completes an audit under subsection (a), the
Secretary shall--
``(1) publish on the website of the Federal Railroad
Administration a report that summarizes the results of the
audit and any updates made in accordance with subsection (c);
and
``(2) notify of such report the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``(g) Civil Penalty.--The Secretary is authorized to assess a civil
penalty or to take other authorized enforcement action, as appropriate,
pursuant to chapter 213 for a failure to comply with the requirements
of this section.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 201 of title 49, United States Code, as amended by this
division, is further amended by adding at the end the
following:
``20171. Audit of qualification and certification programs.''.
(b) Review of Regulations.--
(1) In general.--The Secretary of Transportation shall
determine whether any update to part 240 or 242, of title 49,
Code of Federal Regulations, is necessary to prepare locomotive
engineers and conductors to safely operate trains.
(2) Requirements.--In making a determination under
paragraph (1), the Secretary shall--
(A) evaluate, taking into account the requirements
of section 20169 of title 49, United States Code,
whether such parts establish Federal standards for
railroad carriers to--
(i) provide locomotive engineers and
conductors the knowledge, skill and ability to
safely operate trains under conditions that
reflect industry practices;
(ii) adequately address locomotive engineer
and conductor situational awareness;
(iii) require adequate at-controls training
before a locomotive engineer or conductor is
certified;
(iv) adequately prepare locomotive
engineers and conductors to understand all
locomotive operating characteristics;
(v) sufficiently require locomotive
engineers and conductors to demonstrate
knowledge on the physical characteristics of a
territory under various conditions and using
various resources; and
(vi) address any other safety issue the
Secretary determines appropriate for better
preparing locomotive engineers and conductors;
and
(B) consider the results of the audit required by
section 20171 of title 49, United States Code.
(3) Report to congress.--Not later than 180 days after the
date on which the Secretary submits the report required under
section 20171(f) of title 49, United States Code, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that includes the findings of the review
required under paragraph (1) and a description of any action
the Secretary intends to take to improve, or increase the
effectiveness of the requirements of, part 240 or 242 of title
49, Code of Federal Regulations.
(4) Rulemaking.--If the Secretary determines under
paragraph (1) that any update to part 240 or 242 is necessary
to prepare locomotive engineers or conductors to safely operate
locomotives or trains, the Secretary shall issue a rulemaking
to carry out such update.
(5) Application of law.--Any action the Secretary takes as
a result of a determination made under paragraph (1) shall be
consistent with section 20169 of title 49, United States Code.
(6) Definition of railroad carrier.--In this subsection,
the term ``railroad carrier'' has the meaning given such term
in section 20102 of title 49, United States Code.
SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this division, is further amended by adding
at the end the following:
``Sec. 20172. Safety management team communication
``The Administrator of the Federal Railroad Administration shall
implement a process for the communication of information between safety
management teams of the Administration and railroad employees,
including any nonprofit employee labor organization representing
railroad employees. Such process shall include a reasonable timeframe
for a safety management team to respond to communication from such
railroad employees.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, as amended by this division, is
further amended by adding at the end the following:
``20172. Safety management team communication.''.
SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF RAILROAD SAFETY.
(a) Study.--The Comptroller General of the United States shall
conduct a study comparing the Office of Railroad Safety of the Federal
Railroad Administration before and after the reorganization of such
Office that took effect on June 8, 2020.
(b) Contents.--The study conducted under subsection (a) shall
evaluate--
(1) the differences in the structure of the Office before
and after such reorganization;
(2) any differences in the communication between the Office
and railroad carriers and the employees of railroad carriers
before and after such reorganization;
(3) any differences in the communication between Federal
Railroad Administration safety inspectors and other specialists
before and after such reorganization, and the impacts of such
differences;
(4) whether the structure before or after such
reorganization better protects against regulatory capture;
(5) whether the structure before or after such
reorganization is better at promoting and ensuring safety;
(6) whether the structure before or after such
reorganization more closely resembles the structure of other
Department of Transportation modal agencies that have
enforcement authority similar to the Federal Railroad
Administration; and
(7) any other issues the Comptroller General determines are
relevant.
(c) Information Collection.--In conducting the study required under
this section, the Comptroller General shall collect information from
the following entities:
(1) The Federal Railroad Administration.
(2) Freight rail carriers and passenger rail carriers.
(3) Employees of freight rail carriers and passenger rail
carriers.
(4) Other entities the Comptroller General determines are
relevant.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that includes the findings of the study conducted under
subsection (a) and any recommendations for improving safety and
communication within the Office of Railroad Safety or between the
Office of Railroad Safety and the entities identified in paragraphs (2)
and (3) of subsection (c).
SEC. 9517. OPEN-TOP RAIL CAR PUBLIC INPUT.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Railroad Administration shall initiate a
public process to seek input on addressing safety risks, spills,
emissions, odors, and other public nuisances associated with top
loading rail cars, open-top hoppers, and gondolas, including evaluating
the feasibility of a requirement that such rail cars be covered while
in transportation, including while being held, delayed, or transferred.
SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.
(a) In General.--Subchapter I of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 20122. New passenger service pre-revenue safety validation plan
``(a) Safety Validation Plan.--
``(1) In general.--The Secretary of Transportation shall
require a covered entity to submit to the Secretary a safety
validation plan to ensure the safe operation of--
``(A) a new intercity rail passenger transportation
or commuter rail passenger transportation service;
``(B) an intercity rail passenger transportation or
commuter rail passenger transportation route that has
not been in revenue service for a period of more than
180 days; or
``(C) an extension of an existing intercity rail
passenger transportation or commuter rail passenger
transportation route.
``(2) Submission.--A covered entity shall submit a safety
validation plan required under paragraph (1) not later than 30
days before the date on which such entity begins revenue
service of a service or route described in paragraph (1).
``(b) Requirements.--
``(1) In general.--Not later than 60 days after the date of
enactment of the TRAIN Act, the Secretary shall establish the
requirements of the safety validation plan described under
subsection (a), including adequate training of all relevant
personnel and a minimum period of simulated service to ensure
operational readiness.
``(2) Prohibition of service.--The Secretary shall prohibit
a covered entity from beginning a service described in
subsection (a)(1) until the entity is in full compliance with
the safety validation plan required by such subsection.
``(c) Amendment to Safety Validation Plan.--
``(1) In general.--The Secretary shall require a covered
entity to submit to the Secretary for review and approval any
proposed amendment to a safety validation plan required under
subsection (a).
``(2) Review and approval.--Not later than 5 working days
after the date on which the Secretary receives a proposed
amendment submitted under paragraph (1), the Secretary shall
review and approve or deny such proposed amendment.
``(3) Notification.--If the Secretary does not approve a
proposed amendment submitted under this subsection, the
Secretary shall provide written notice to the covered entity of
the specific areas in which the proposed amendment is
deficient. An entity may correct such deficiencies and reapply
for review and approval under this subsection.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means an
entity providing regularly scheduled railroad transportation
that is intercity rail passenger transportation or commuter
rail passenger transportation.
``(2) Intercity rail passenger transportation; commuter
rail passenger transportation.--The terms `intercity rail
passenger transportation' and `commuter rail passenger
transportation' have the meanings given such terms in section
24102.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
201 of title 49, United States Code, is amended by adding at the end
the following new item:
``20122. New passenger service pre-revenue safety validation plan.''.
SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND EMERGING RAIL
TECHNOLOGIES.
(a) In General.--The Secretary of Transportation shall conduct a
review of the safety regulations of the Federal Railroad Administration
to determine the applicability of such regulations to nontraditional
and emerging rail technologies and to identify any gaps in such
regulations or any challenges to ensuring the safety of such
technologies.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the findings of the review conducted under subsection (a).
(c) Contents.--The report required under subsection (b) shall
include a description of--
(1) the applicability of safety regulations in effect on
the date of enactment of this Act to nontraditional and
emerging rail technologies;
(2) whether gaps in the regulations or other challenges
exist that should be addressed in order to ensure the safety of
nontraditional and emerging rail technologies;
(3) any additional regulations that are necessary to ensure
the safety of nontraditional and emerging rail technologies;
and
(4) any additional research that may be needed to further
evaluate and regulate the safety of nontraditional and emerging
rail technologies.
(d) Public Notice and Comment.--In conducting the review process
under subsection (a), the Secretary shall provide notice and an
opportunity for public comment for not less than 60 days.
(e) Nontraditional and Emerging Rail Technologies Defined.--In this
section, the term ``nontraditional and emerging rail technologies''
means nonhighway ground transportation that runs on electromagnetic
guideways in a tube, or system of tubes, that operates in a low-
pressure environment.
SEC. 9520. FRA SAFETY INSPECTOR AND SPECIALIST REVIEW.
(a) Review.--The Administrator of the Federal Railroad
Administration shall review the position descriptions and pay grades of
railroad safety inspection personnel and railroad safety specialists
employed by the Office of Railroad Safety.
(b) Contents of Review.--The review under subsection (a) shall--
(1) consider whether the descriptions of the positions
described in subsection (a) accurately reflect the scope of
work and duties of the personnel and specialists described in
such subsection, including any technological advancements that
impact the scope of work and duties;
(2) compare the pay grades of such positions to the pay
grades of personnel employed by other Department of
Transportation agencies and the National Transportation Safety
Board who have scopes of work and duties comparable to those of
railroad safety inspection personnel and railroad safety
specialists; and
(3) assess whether the Administration experiences
difficulty in recruiting or retaining such personnel and
specialists and identify the reasons for such difficulty.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that--
(1) summarizes the findings of the review required by this
section;
(2) describes how the Administration plans to update the
position descriptions of such personnel and specialists to
accurately reflect the scope of work and duties, including any
technological advancements that impact the scope of work and
duties; and
(3) describes how pay grades may be updated to retain and
recruit such personnel and specialists.
Subtitle B--Grade Crossing Safety
SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS.
(a) In General.--Chapter 229 of title 49, United States Code, as
amended by this division, is further amended by adding at the end the
following:
``Sec. 22912. Highway-rail grade crossing separation grants
``(a) General Authority.--The Secretary of Transportation shall
make grants under this section to eligible entities to assist in
funding the cost of highway-rail grade crossing separation projects.
``(b) Application Requirements.--To be eligible for a grant under
this section, an eligible entity shall submit to the Secretary an
application in such form, in such manner, and containing such
information as the Secretary may require, including--
``(1) an agreement between the entity that owns or controls
the railroad right-of-way and the applicant addressing access
to the railroad right-of-way throughout the project; and
``(2) a cost-sharing agreement with the funding amounts
that the entity that owns or controls the railroad right-of-way
shall contribute to the project, which shall be not less than
10 percent of the total project cost.
``(c) Eligible Projects.--The following projects are eligible to
receive a grant under this section:
``(1) Installation, repair, or improvement, including
necessary acquisition of real property interests, of highway-
rail grade crossing separations.
``(2) Highway-rail grade crossing elimination incidental to
eligible grade crossing separation projects.
``(3) Project planning, development, and environmental work
related to a project described in paragraph (1) or (2).
``(d) Project Selection Criteria.--In awarding grants under this
section, the Secretary--
``(1) shall give priority to projects that maximize the
safety benefits of Federal funding;
``(2) shall give priority to projects that provide direct
benefits to socially disadvantaged individuals (as such term is
defined in section 22906(b)); and
``(3) may evaluate applications on the safety profile of
the existing crossing, 10-year history of accidents at such
crossing, inclusion of the proposed project on a State highway-
rail grade crossing action plan, average daily vehicle traffic,
total number of trains per day, average daily number of
crossing closures, the challenges of grade crossings located
near international borders, proximity to established emergency
evacuation routes, and proximity of community resources,
including schools, hospitals, fire stations, police stations,
and emergency medical service facilities.
``(e) Federal Share of Total Project Costs.--
``(1) Total project costs.--The Secretary shall estimate
the total costs of a project under this section based on the
best available information, including any available engineering
studies, studies of economic feasibility, environmental
analysis, and information on the expected use of equipment or
facilities.
``(2) Federal share.--The Federal share for a project
carried out under this section shall not exceed 85 percent.
``(f) Grant Conditions.--An eligible entity may not receive a grant
for a project under this section unless such project complies with
section 22905.
``(g) Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a recipient of
a grant under this section that--
``(A) announces an intention to obligate for a
project an amount that is not more than the amount
stipulated as the financial participation of the
Secretary for the project; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal
Government; and
``(ii) is subject to the availability of
appropriations for grants under this section
and subject to Federal laws in force or enacted
after the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 3 days before
issuing a letter of intent under paragraph (1), the
Secretary shall submit written notification to--
``(i) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(ii) the Committee on Appropriations of
the House of Representatives;
``(iii) the Committee on Appropriations of
the Senate; and
``(iv) the Committee on Commerce, Science,
and Transportation of the Senate.
``(B) Contents.--The notification submitted under
subparagraph (A) shall include--
``(i) a copy of the letter of intent;
``(ii) the criteria used under subsection
(d) for selecting the project for a grant; and
``(iii) a description of how the project
meets such criteria.
``(h) Appropriations Required.--An obligation or contingent
commitment may be made under subsection (g) only after amounts are
appropriated for such purpose.
``(i) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a public agency or publicly chartered
authority;
``(C) a metropolitan planning organization;
``(D) a political subdivision of a State; and
``(E) a Tribal government.
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' has the meaning given such
term in section 134(b) of title 23.
``(3) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, as amended by this division, is further amended by
adding at the end the following:
``22912. Highway-rail grade crossing separation grants.''.
SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT.
Section 22907 of title 49, United States Code (as amended by this
Act), is further amended by adding at the end the following new
subsection:
``(o) Rail Safety Public Awareness Grants.--
``(1) Grant.--Of the amounts made available to carry out
this section, the Secretary shall make grants to nonprofit
organizations to carry out public information and education
programs to help prevent and reduce rail-related pedestrian,
motor vehicle, and other incidents, injuries, and fatalities,
and to improve awareness along railroad right-of-way and at
highway-rail grade crossings.
``(2) Selection.--Programs eligible for a grant under this
subsection--
``(A) shall include, as appropriate--
``(i) development, placement, and
dissemination of public service announcements
in appropriate media;
``(ii) school presentations, driver and
pedestrian safety education, materials, and
public awareness campaigns; and
``(iii) disseminating information to the
public on how to identify and report to the
appropriate authorities--
``(I) unsafe or malfunctioning
highway-rail grade crossings and
equipment; and
``(II) high-risk and unsafe
behavior and trespassing around
railroad right-of-way; and
``(B) may include targeted and sustained outreach
in communities at greatest risk to develop measures to
reduce such risk.
``(3) Coordination.--Eligible entities shall coordinate
program activities with local communities, law enforcement and
emergency responders, and railroad carriers, as appropriate,
and ensure consistency with State highway-rail grade crossing
action plans required under section 11401(b) of the FAST Act
(49 U.S.C. 22501 note) and the report titled `National Strategy
to Prevent Trespassing on Railroad Property' issued by the
Federal Railroad Administration in October 2018.
``(4) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications for programs that--
``(A) are nationally recognized;
``(B) are targeted at schools in close proximity to
railroad right-of-way;
``(C) partner with nearby railroad carriers; or
``(D) focus on communities with a recorded history
of repeated pedestrian and motor vehicle accidents,
incidents, injuries, and fatalities at highway-rail
grade crossings and along railroad right-of-way.
``(5) Applicability.--Section 22905 shall not apply to
contracts and agreements made under this subsection.''.
SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC
HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this division, is further amended by adding
at the end the following:
``Sec. 20173. Time limit for blocking public highway-rail grade
crossing
``(a) Time Limit.--A railroad carrier may not cause a blocked
crossing incident that is longer than 10 minutes in duration, unless
the blocked crossing incident is caused by--
``(1) a casualty or serious injury;
``(2) an accident;
``(3) a track obstruction;
``(4) actions necessary to comply with Federal rail safety
laws, regulations, or orders issued thereunder unless the
action to comply could reasonably occur at a different time or
location;
``(5) actions necessary to adhere to section 24308;
``(6) a train fully contained within rail yard limits or
fully contained in a rail siding;
``(7) an act of God; or
``(8) a derailment or a safety appliance equipment failure
that prevents the train from advancing.
``(b) Investigation of Frequently Blocked Crossings.--For any
public highway-rail grade crossing that has had 3 or more blocked
crossing incidents that exceed the time limit set forth in subsection
(a) and are reported to the blocked crossing database, and such
incidents have occurred on at least 3 calendar days within a 30-day
period, the Secretary shall--
``(1) provide an electronic notice of the number of
reported blocked crossing incidents to the railroad carrier
that owns the public highway-rail grade crossing;
``(2) investigate the causes of the blocked crossing
incidents; and
``(3) investigate possible measures to reduce the frequency
and duration of blocked crossing incidents at such grade
crossing.
``(c) Recordkeeping.--
``(1) In general.--A railroad carrier shall, upon receiving
a notice under subsection (b), maintain train location data
records for the public highway-rail grade crossing that was the
subject of the notice.
``(2) Contents of records.--The train location data records
required under paragraph (1) shall include--
``(A) a list of all blocked crossing incidents at
the public highway-rail grade crossing that is the
subject of the report exceeding 10 minutes;
``(B) the cause of the blocked crossing incident
(to the extent available);
``(C) train length; and
``(D) the estimated duration of each blocked
crossing incident.
``(3) Consultation.--Beginning on the date on which a
railroad carrier receives a notice under subsection (b), the
Secretary may consult with the carrier for a period of 60 days
to address concerns with blocked crossing incidents at the
public highway-rail grade crossing that is the subject of the
notice.
``(4) Expiration of data collection.--The requirement to
maintain records under paragraph (1) shall cease with respect
to a public highway-rail grade crossing noticed under
subsection (b)(2) if there are no reports submitted to the
blocked crossing database for blocked crossing incidents
reported to occur at such grade crossing during the previous
365 consecutive calendar days.
``(d) Civil Penalties.--
``(1) In general.--The Secretary may issue civil penalties
in accordance with section 21301 to railroad carriers for
violations of subsection (a) occurring 60 days after the date
of submission of a notice under subsection (b).
``(2) Release of records.--Upon the request of, and under
requirements set by, the Secretary, railroad carriers shall
provide the records maintained pursuant to subsection (c)(1) to
the Administrator of the Federal Railroad Administration.
``(3) Alternate route exemption.--Civil penalties may not
be issued for violations of subsection (a) that occur at a
public highway-rail grade crossing if an alternate route
created by a public highway-rail grade separation exists within
a half mile by road mileage of such public highway-rail grade
crossing.
``(4) Grade separation project.--Civil penalties may not be
issued for violations of subsection (a) if the violation occurs
at a public highway-rail grade crossing for which there is a
proposed grade separation project--
``(A) that has received written agreement from the
relevant local authorities; and
``(B) for which railroad carrier and project
funding from all parties has been budgeted.
``(5) Considerations.--In determining civil penalties under
this section, the Secretary shall consider increased penalties
in a case in which a pattern of the blocked crossing incidents
continue to cause delays to State or local emergency services.
``(e) Application to Amtrak and Commuter Railroads.--This section
shall not apply to Amtrak or commuter authorities, including Amtrak and
commuter authorities' operations run or dispatched by a Class I
railroad.
``(f) Definitions.--In this section:
``(1) Blocked crossing database.--The term `blocked
crossing database' means the national blocked crossing database
established under section 20174.
``(2) Blocked crossing incident.--The term `blocked
crossing incident' means a circumstance in which a train,
locomotive, rail car, or other rail equipment is stopped in a
manner that obstructs travel at a public highway-rail grade
crossing.
``(3) Public highway-rail grade crossing.--The term `public
highway-rail grade crossing' means a location within a State in
which a public highway, road, or street, including associated
sidewalks and pathways, crosses 1 or more railroad tracks at
grade.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is further amended by adding at
the end the following new item:
``20173. Time limit for blocking public highway-rail grade crossing.''.
SEC. 9554. NATIONAL BLOCKED CROSSING DATABASE.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this division, is further amended by adding
at the end the following:
``Sec. 20174. National blocked crossing database
``(a) Database.--Not later than 45 days after the date of enactment
of the TRAIN Act, the Secretary of Transportation shall establish a
national blocked crossings database for the public to report blocked
crossing incidents.
``(b) Public Awareness.--Not later than 60 days after the date of
enactment of the TRAIN Act, the Secretary shall require each railroad
carrier to publish the active link to report blocked crossing incidents
on the website of the national blocked crossings database described in
subsection (a) on the home page of the publicly-available website of
the railroad carrier.
``(c) Blocked Crossing Incident; Public Highway-rail Grade
Crossing.--In this section, the terms `blocked crossing incident' and
`public highway-rail grade crossing' have the meanings given the terms
in section 20173.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is further amended by adding at
the end the following new item:
``20174. National blocked crossing database.''.
SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING MATTERS.
Section 20152 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C) by striking ``or''
at the end;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting the following after
subparagraph (C):
``(D) blocked crossing incident, as defined in
section 20173; or'';
(B) in paragraph (4)--
(i) by striking ``paragraph (1)(C) or (D)''
and inserting ``subparagraph (C), (D), or (E)
of paragraph (1)''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (5) by striking the period at the
end and inserting a semicolon ; and
(D) by adding at the end the following:
``(6) upon receiving a report of a blocked crossing
pursuant to paragraph (1)(D), the railroad carrier shall,
within 14 days of receipt of the report--
``(A) verify that the public highway-rail grade
crossing, as defined in section 20173, was blocked for
a period of at least 10 minutes; and
``(B) upon positive verification of the report,
enter the report into the national blocked crossings
database established in section 20174; and
``(7) promptly inform the Secretary of any update to the
number maintained under paragraph (1).''; and
(2) by adding at the end the following:
``(c) Publication of Telephone Numbers.--The Secretary shall make
any telephone number established under subsection (a) publicly
available on the website of the Department of Transportation.''.
SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall expend
such sums as are necessary to conduct a comprehensive review of the
national highway-rail crossing inventory of the Department of
Transportation established under section 20160 of title 49, United
States Code.
(b) Contents.--In conducting the review required under subsection
(a), the Secretary shall--
(1) verify the accuracy of the geographical location data
contained in the inventory described in subsection (a) using
mapping technologies and other methods; and
(2) notify the relevant railroad and State agencies of the
erroneous data in the inventory and require such entities to
correct the erroneous data within 30 days of notification.
(c) State Reports.--The Secretary shall require State agencies to
ensure that any geographic data contained in the inventory described in
subsection (a) remains consistent with any geographic data identified
in biennial State reports required under section 130 of title 23,
United States Code.
(d) Report.--Not later than 120 days after the completion of the
review required under subsection (a), the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report summarizing the corrections made
to the inventory described in subsection (a) and the Secretary's plans
to ensure continued accuracy of such inventory.
SEC. 9557. RAILROAD TRESPASSING ENFORCEMENT GRANTS.
Section 22907 of title 49, United States Code, is further amended
by adding at the end the following:
``(p) Railroad Trespassing Enforcement Grants.--
``(1) In general.--Of the amounts made available under this
section, the Secretary may make grants to public law
enforcement agencies engaged in, or seeking to engage in,
suicide prevention efforts along railroad right-of-way to pay
wages of law enforcement personnel to patrol railroad right-of-
way located in communities at risk for rail trespassing
incidents and fatalities.
``(2) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications from entities that have jurisdiction within the
boundaries of the 10 States with the highest incidence of rail
trespass related casualties as reported in the previous fiscal
year, as reported by the National Rail Accident Incident
Reporting System.
``(3) Limitation.--The Secretary shall not award more than
3 annual grants under this subsection to the same entity.''.
SEC. 9558. RAILROAD TRESPASSING SUICIDE PREVENTION GRANTS.
Section 22907 of title 49, United States Code, is further amended
by adding at the end the following:
``(q) Railroad Trespassing Suicide Grants.--
``(1) In general.--Of the amounts made available to carry
out this section, the Secretary may make grants to eligible
entities to implement a public outreach campaign to reduce the
number of railroad suicides.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' means a nonprofit mental health organization
engaged in, or seeking to engage in, suicide prevention efforts
along railroad right-of-way in partnership with a railroad
carrier, as defined in section 20102.''.
SEC. 9559. INCLUDING RAILROAD SUICIDES.
(a) In General.--Not less than 180 days after the enactment of this
Act, the Secretary of Transportation shall revise any regulations,
guidance, or other relevant agency documents to include the number of
suicides on a railroad crossing or railroad right-of-way in the total
number of rail fatalities the Secretary reports each year.
(b) Authority of the Secretary.--In carrying out subsection (a),
the Secretary may require Federal, State, and local agencies,
railroads, or other entities to submit such data as necessary.
(c) Applicability of Rulemaking Requirements.--The requirements of
section 553 of title 5, United States Code, shall not apply to the
modification required by subsection (a).
SEC. 9560. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Railroad Administration shall--
(1) submit to Congress a report on any supplementary safety
measures and alternative safety measures not contained in part
222 of title 49, Code of Federal Regulations, that can be used
to qualify for a Quiet Zone or Partial Quiet Zone; and
(2) include in the report submitted under paragraph (1)--
(A) a summary of the supplementary safety measures
and alternative safety measures for which a public
authority has requested approval from the Administrator
to implement; and
(B) an explanation for why such requests were not
granted.
TITLE VI--MISCELLANEOUS
SEC. 9601. RAIL NETWORK CLIMATE CHANGE VULNERABILITY ASSESSMENT.
(a) In General.--The Secretary of Transportation shall seek to
enter into an agreement with the National Academies to conduct an
assessment of the potential impacts of climate change on the national
rail network.
(b) Assessment.--At a minimum, the assessment conducted pursuant to
subsection (a) shall--
(1) cover the entire freight, commuter, and intercity
passenger rail network of the United States;
(2) evaluate risk to the network over 5-, 30-, and 50-year
outlooks;
(3) examine and describe potential effects of climate
change and extreme weather events on passenger and freight rail
infrastructure, trackage, and facilities, including facilities
owned by rail shippers;
(4) identify and categorize the assets described in
paragraph (3) by vulnerability level and geographic area; and
(5) recommend strategies or measures to mitigate any
adverse impacts of climate change, including--
(A) emergency preparedness measures;
(B) resiliency best practices for infrastructure
planning; and
(C) coordination with State and local authorities.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the findings of the assessment conducted pursuant to
subsection (a).
(d) Further Coordination.--The Secretary shall make the report
publicly available on the website of the Department of Transportation
and communicate the results of the assessment with stakeholders.
(e) Regulatory Authority.--If the Secretary finds in the report
required under subsection (c) that regulatory measures are warranted
and such measures are otherwise under the existing authority of the
Secretary, the Secretary may issue such regulations as are necessary to
implement such measures.
(f) Funding.--From the amounts made available for fiscal year 2022
under section 20117(b) of title 49, United States Code, the Secretary
shall expend not less than $1,500,000 to carry out the study required
under subparagraph (a).
SEC. 9602. ADVANCE ACQUISITION.
(a) In General.--Chapter 242 of title 49, United States Code, is
amended by inserting the following after section 24202:
``SEC. 24203. ADVANCE ACQUISITION.
``(a) Rail Corridor Preservation.--The Secretary of Transportation
may assist a recipient of Federal financial assistance provided by the
Secretary for an intercity passenger rail project in acquiring a right-
of-way and adjacent real property interests before or during the
completion of the environmental reviews for a project that may use such
property interests if the acquisition is otherwise permitted under
Federal law.
``(b) Certification.--Before authorizing advance acquisition under
this section, the Secretary shall verify that--
``(1) the recipient has authority to acquire the real
property interest; and
``(2) the acquisition of the real property interest--
``(A) is for a transportation purpose;
``(B) will not cause significant adverse
environmental impact;
``(C) will not limit the choice of reasonable
alternatives for the proposed project or otherwise
influence the decision of the Secretary on any approval
required for the project;
``(D) does not prevent the lead agency from making
an impartial decision as to whether to accept an
alternative that is being considered;
``(E) complies with other applicable Federal laws
and regulations; and
``(F) will not result in elimination or reduction
of benefits or assistance to a displaced person
required by the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.) and title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.).
``(c) Environmental Reviews.--
``(1) Completion of nepa review.--Before reimbursing or
approving the expenditure of Federal funding for an acquisition
of a real property interest, the Secretary shall complete all
review processes otherwise required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
section 4(f) of the Department of Transportation Act of 1966
(49 U.S.C. 303), and section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) with respect to the
acquisition.
``(2) Timing of development acquisition.--A real property
interest acquired under subsection (a) may not be developed in
anticipation of the proposed project until all required
environmental reviews for the project have been completed.
``(d) Inclusion in Non-Federal Share of Project Costs.--Non-Federal
funds used to acquire right-of-way and adjacent real property interests
under this section before or during the environmental review, or before
the award of a grant by the Secretary, shall be included in determining
the non-Federal share of the costs of the underlying intercity
passenger rail project.
``(e) Savings Clause.--The advance acquisition process described in
this section--
``(1) is in addition to processes in effect on or before
the date of enactment of the TRAIN Act; and
``(2) does not affect--
``(A) any right of the recipient described in
subsection (a) to acquire property; or
``(B) any other environmental review process,
program, agreement, or funding arrangement related to
the acquisition of real property, in effect on the date
of enactment of the TRAIN Act.''.
(b) Clerical Amendment.--The analysis for chapter 242 of title 49,
United States Code, is amended by inserting after the item relating to
section 24202 the following new item:
``Sec. 24203. Advance acquisition.''.
SEC. 9603. UNIVERSITY RAIL CLIMATE INNOVATION INSTITUTE.
(a) In General.--Chapter 229 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 22913. University Rail Climate Innovation Institute
``(a) Establishment.--The Secretary of Transportation may make a
grant to an institution of higher education to establish a University
Rail Climate Innovation Institute (in this section referred to as the
`Institute') for the research and development of low- and zero-emission
rail technologies. Such grant agreement shall not exceed 5 years.
``(b) Eligible Applicants.--To be eligible for a grant under the
subsection (a), an institution of higher education shall--
``(1) have an active research program to study the
development of low- and zero-emission rail technologies or be
able to demonstrate sufficient expertise in relevant rail
research and development;
``(2) enter into a cost-sharing agreement for purposes of
the Institute with a railroad or rail supplier; and
``(3) submit to the Secretary an application in such form,
at such time, and containing such information as the Secretary
may require.
``(c) Eligible Projects.--A recipient of this grant under this
section may carry out the research, design, development, and
demonstration of 1 or more of the following:
``(1) Hydrogen-powered locomotives and associated
locomotive technologies.
``(2) Battery-powered locomotives and associated locomotive
technologies.
``(3) Deployment of a revenue service testing and
demonstration program to accelerate commercial adoption of low-
or zero-emission locomotives.
``(4) Development or deployment of an operating prototype
low- or zero-emission locomotive.
``(5) Rail technologies that significantly reduce
greenhouse gas emissions, as determined appropriate by the
Secretary.
``(d) Buy America Applicability.--For purposes of subsection
(c)(4), the recipient shall be in compliance with section 22905(a).
``(e) Funding Requirement.--The Federal share of the total cost of
the Institute shall not exceed 50 percent.
``(f) Considerations.--In selecting an applicant to receive funding
to establish the Institute, the Secretary shall consider--
``(1) the extent to which the proposed activities maximize
greenhouse gas reductions;
``(2) the potential of the proposed activities to increase
the use of low- and zero- emission rail technologies among the
United States freight and passenger rail industry; and
``(3) the anticipated public benefits of the proposed
activities.
``(g) Consideration of HBCUs.--In selecting an institution of
higher education for a grant award under this section, the Secretary
shall consider historically black colleges and universities, as such
term is defined in section 371(a)of the Higher Education Act of 1965
(2010 U.S.C. 1067q), and other minority institutions, as such term is
defined by section 365 of such Act (20 U.S.C. 1067k).
``(h) Notification.--
``(1) Notice.--Not less than 3 days before an applicant has
been selected, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the intention to award such a
grant.
``(2) Report.--The Institute shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Secretary an annual
report summarizing the activities undertaken by the Institute
on low- and zero-emission rail technologies.
``(i) Institution of Higher Education Defined.--In this section,
the term `institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is further amended by adding at the end the
following:
``22913. University Rail Climate Innovation Institute.''.
SEC. 9604. WORKFORCE DIVERSITY AND DEVELOPMENT.
(a) In General.--The Secretary of Transportation shall carry out at
least one workforce development pilot program with a railroad carrier.
(b) Types of Pilot Programs.--A workforce development pilot program
described in subsection (a) may be in the form of--
(1) an outreach program to increase employment
opportunities for socially disadvantaged individuals;
(2) the development of a partnership with high schools,
vocational schools, community colleges, or secondary education
institutions to address future workforce needs; and
(3) an apprenticeship program to train railroad employees
in needed skills.
(c) Apprenticeship.--In carrying out a workforce development pilot
program described in subsection (b)(3), the Secretary shall partner
with a railroad carrier providing intercity rail passenger
transportation.
(d) Report to Congress.--For a workforce development pilot program
carried out under this section, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that describes--
(1) the activities carried out under the pilot program;
(2) the diversity of individuals participating in the pilot
program;
(3) an evaluation of the pilot program;
(4) employment outcomes, including job placement, job
retention, and wages, using performance metrics established by
the Secretary of Transportation, in consultation with the
Secretary of Labor, and consistent with performance indicators
used by programs under the Workforce Innovation and Opportunity
Act (29 U.S.C. 3101 et seq.), as applicable; and
(5) any recommendations for increasing diversity in the
railroad workforce, addressing future workforce needs, or
enhancing workforce skills.
(e) Definition.--In this section:
(1) Intercity rail passenger transportation.--The term
``intercity rail passenger transportation'' has the meaning
given such term in section 24102 of title 49, United States
Code.
(2) Railroad carrier.--The term ``railroad carrier'' has
the meaning given such term in section 20102 of title 49,
United States Code.
(3) Socially disadvantaged individuals.--The term
``socially disadvantaged individuals'' has the meaning given
the term ``socially and economically disadvantaged
individuals'' in section 8(d) of the Small Business Act (15
U.S.C. 637(d)).
(f) Funding.--From the amounts made available under section
20117(b) of title 49, United States Code, the Secretary may expend up
to $1,300,000 for fiscal year 2022 and $1,300,000 for 2023 to carry out
this section.
SEC. 9605. REQUIREMENTS FOR RAILROAD FREIGHT CARS ENTERING SERVICE IN
UNITED STATES.
(a) In General.--Chapter 207 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 20704. Requirements for railroad freight cars entering service
in United States
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Component.--The term `component' means a part or
subassembly of a railroad freight car.
``(2) Control.--The term `control' means the power, whether
direct or indirect and whether or not exercised, through the
ownership of a majority or a dominant minority of the total
outstanding voting interest in an entity, representation on the
board of directors of an entity, proxy voting on the board of
directors of an entity, a special share in the entity, a
contractual arrangement with the entity, a formal or informal
arrangement to act in concert with an entity, or any other
means, to determine, direct, make decisions, or cause decisions
to be made for the entity.
``(3) Cost of sensitive technology.--The term `cost of
sensitive technology' means the aggregate cost of the sensitive
technology located on a railroad freight car.
``(4) Country of concern.--The term `country of concern'
means a country that--
``(A) is identified by the Department of Commerce
as a nonmarket economy country (as defined in section
771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)))
as of the date of enactment of the TRAIN Act;
``(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a foreign country included on the priority watch
list defined in subsection (g)(3) of that section; and
``(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
``(5) Net cost.--The term `net cost' has the meaning given
the term in chapter 4 of the USMCA or any subsequent free trade
agreement between the United States, Mexico, and Canada.
``(6) Qualified facility.--The term `qualified facility'
means a facility that is not owned or under the control of a
state-owned enterprise.
``(7) Qualified manufacturer.--The term `qualified
manufacturer' means a railroad freight car manufacturer that is
not owned or under the control of a state-owned enterprise.
``(8) Railroad freight car.--The term `railroad freight
car' means a car designed to carry freight or railroad
personnel by rail, including--
``(A) box car;
``(B) refrigerator car;
``(C) ventilator car;
``(D) intermodal well car;
``(E) gondola car;
``(F) hopper car;
``(G) auto rack car;
``(H) flat car;
``(I) special car;
``(J) caboose car;
``(K) tank car; and
``(L) yard car.
``(9) Sensitive technology.--The term `sensitive
technology' means any device embedded with electronics,
software, sensors, or other connectivity, that enables the
device to connect to, collect data from, or exchange data with
another device, including--
``(A) onboard telematics;
``(B) remote monitoring software;
``(C) firmware;
``(D) analytics;
``(E) GPS satellite and cellular location tracking
systems;
``(F) event status sensors;
``(G) predictive component condition and
performance monitoring sensors; and
``(H) similar sensitive technologies embedded into
freight railcar components and subassemblies.
``(10) State-owned enterprise.--The term `state-owned
enterprise' means--
``(A) an entity that is owned by, or under the
control of, a national, provincial, or local government
of a country of concern, or an agency of such
government; or
``(B) an individual acting under the direction or
influence of a government or agency described in
subparagraph (A).
``(11) Substantially transformed.--The term `substantially
transformed' means a component of a railroad freight car that
undergoes an applicable change in tariff classification as a
result of the manufacturing process, as described in chapter 4
and related Annexes of the USMCA or any subsequent free trade
agreement between the United States, Mexico, and Canada.
``(12) USMCA.--The term `USMCA' has the meaning given the
term in section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502).
``(b) Requirements for Railroad Freight Cars Entering Service in
the United States.--
``(1) Limitation on railroad freight cars.--A railroad
freight car wholly manufactured on or after the date that is 1
year after the date of enactment of the TRAIN Act, may only
operate on the United States freight railroad interchange
system if--
``(A) the railroad freight car is manufactured,
assembled, and substantially transformed, as
applicable, by a qualified manufacturer in a qualified
facility;
``(B) none of the sensitive technology located on
the railroad freight car, including components
necessary to the functionality of the sensitive
technology, originates from a country of concern or is
sourced from state-owned enterprise; and
``(C) none of the content of the railroad freight
car, excluding sensitive technology, originates from a
country of concern or is sourced from a state-owned
enterprise that has been determined by a recognized
court or administrative agency of competent
jurisdiction and legal authority to have violated or
infringed valid United States intellectual property
rights of another including such a finding by a Federal
district court under title 35 or the U.S. International
Trade Commission under section 337 of the Tariff Act of
1930 (19 U.S.C. 1337).
``(2) Limitation on railroad freight car content.--
``(A) Percentage limitation.--Not later than 12
months after the date of enactment of the TRAIN Act, a
railroad freight car manufactured may operate on the
United States freight railroad interchange system only
if--
``(i) not more than 20 percent of the
content of the railroad freight car, calculated
by the net cost of all components of the car
and excluding the cost of sensitive technology,
originates from a country of concern or is
sourced from a state-owned enterprise; and
``(ii) not later than 24 months after the
date of enactment of the TRAIN Act, the
percentage described in clause (i) shall be no
more than 15 percent.
``(B) Conflict.--The percentages specified in this
paragraph apply notwithstanding any apparent conflict
with provisions of chapter 4 of the USMCA.
``(c) Regulations and Penalties.--
``(1) Regulations required.--Not later than 1 year after
the date of enactment of the TRAIN Act, the Secretary of
Transportation shall issue such regulations as are necessary to
carry out this section, including for the monitoring,
enforcement, and sensitive technology requirements of this
section.
``(2) Certification required.--To be eligible to provide a
railroad freight car for operation on the United States freight
railroad interchange system, the manufacturer of such car shall
certify to the Secretary annually that any railroad freight
cars to be so provided meet the requirements of this section.
``(3) Compliance.--
``(A) Valid certification required.--At the time a
railroad freight car begins operation on the United
States freight railroad interchange system, the
manufacturer of such railroad freight car shall have
valid certification describe under paragraph (2) for
the year in which such car begins operation.
``(B) Registration of noncompliant cars
prohibited.--A railroad freight car manufacturer may
not register, or cause to be registered, a railroad
freight car that does not comply with the requirements
of this section in the Association of American
Railroad's Umler system.
``(4) Civil penalties.--
``(A) In general.--A railroad freight car
manufacturer that has manufactured a railroad freight
car for operation on the United States freight railroad
interchange system that the Secretary of Transportation
determines, after written notice and an opportunity for
a hearing, has violated this section is liable to the
United States Government for a civil penalty of at
least $100,000 but not more than $250,000 for each
violation for each railroad freight car.
``(B) Prohibition for violations.--The Secretary of
Transportation may prohibit a railroad freight car
manufacturer with respect to which the Secretary has
assessed more than 3 violations under subparagraph (A)
from providing additional railroad freight cars for
operation on the United States freight railroad
interchange system until the Secretary determines--
``(i) such manufacturer is in compliance
with this section; and
``(ii) all civil penalties assessed to such
manufacturer under subparagraph (A) have been
paid in full.''.
(b) Clerical Amendment.--The analysis for chapter 207 of title 49,
United States Code, is amended by adding at the end the following:
``20704. Requirements for railroad freight cars entering service in
United States.''.
SEC. 9606. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
Section 20108 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Rail Research and Development Center of Excellence.--
``(1) Center of excellence.--The Secretary may provide a
grant to an entity described in paragraph (2) to establish a
Center of Excellence to advance research and development that
improves the safety, efficiency, and reliability of passenger
and freight rail transportation.
``(2) Eligibility.--An institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) or a consortium of nonprofit institutions of
higher education shall be eligible to receive a grant under
this subsection.
``(3) Selection criteria.--In awarding a grant under this
subsection, the Secretary may--
``(A) give preference to an applicant with strong
past performance related to rail research, education,
and workforce development activities;
``(B) consider the extent to which the applicant
would involve public passenger and private and public
freight railroad operators; and
``(C) consider the regional and national impacts of
the applicant's proposal.
``(4) Use of funds.--Amounts awarded under this subsection
may be used to establish and operate the Center of Excellence
described in paragraph (1) and for research, evaluation,
education, and workforce development and training efforts
related to safety, environmental sustainability, and
reliability of rail transportation, including--
``(A) rolling stock;
``(B) positive train control;
``(C) human factors, systems design, or fatigue;
``(D) rail infrastructure;
``(E) shared corridors;
``(F) grade crossings;
``(G) rail systems maintenance;
``(H) network resiliency;
``(I) programs to train railroad workers in needed
skills; and
``(J) the development of programs or partnerships
to raise awareness of railroad employment
opportunities, in coordination with the Federal
Railroad Administration.
``(5) Federal share.--The Federal share of the cost of an
activity carried out with a grant under this subsection shall
be 50 percent.''.
SEC. 9607. FREIGHT RAILROAD LOCOMOTIVE REQUIREMENTS.
(a) Requirements for Class I Locomotives.--A Class I railroad may
only operate a locomotive on the freight railroad interchange system on
or after January 1, 2030, if--
(1) the locomotive was manufactured on or after January 1,
2008;
(2) the primary NO<INF>x</INF> and PM emissions on the
Environmental Protection Agency certificate of conformity for
the locomotive are equal to or cleaner than the cleanest
available locomotive; or
(3) the locomotive has not exceeded a total of 89,100 MWhs
of operation since its original engine build date.
(b) Certification Required.--To be eligible to own or operate a
locomotive covered by subsection (a) on the United States freight
railroad interchange system on or after January 1, 2030, a Class I
railroad shall certify to the Secretary of Transportation that such
locomotive meets the requirements of this section.
(c) Effectuation.--The Secretary is authorized to issue such
regulations as are necessary to carry out this section.
(d) Definitions.--In this section:
(1) Certificate of conformity.--The term ``certificate of
conformity'' means the document that the Environmental
Protection Agency issues to an engine manufacturer to certify
that an engine class conforms to Environmental Protection
Agency requirements.
(2) Cleanest available locomotive.--The term ``cleanest
available locomotive'' means the strictest standard set by the
Environmental Protection Agency for the applicable locomotive
under section 213 of the Clean Air Act (42 U.S.C. 7547).
SEC. 9608. EXTENSION.
Section 1246 of the Disaster Recovery Reform Act of 2018 is
amended--
(1) by striking ``3 years'' and inserting ``4\ 1/2\
years''; and
(2) by inserting ``and every 3 months thereafter,'' before
``the Administrator shall''.
SEC. 9609. GAO STUDY ON COST ALLOCATION OF RAIL PASSENGER
TRANSPORTATION LIABILITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate a study of the apportionment of liability among owners
of right-of-way on the Northeast Corridor and passenger rail operators
on the Northeast Corridor in accordance with section 24905 of title 49,
United States Code, the Northeast Corridor Commission's cost allocation
policy, and the statutory prohibition on cross-subsidization under such
section.
(b) Recommendations.--Upon completion of the study under subsection
(a), the Comptroller General shall issue recommendations to the
Northeast Corridor Commission, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate on how to determine
equitable liability allocation policy between owners of right-of-way on
the Northeast Corridor and passenger rail operators on the Northeast
Corridor.
(c) Considerations.--In issuing recommendations under subsection
(b), the Comptroller General shall consider that any recommendations
may be implemented differently amongst the various Northeast Corridor
passenger rail entities based on differing ownership and operational
profiles.
(d) Conclusion.--If a mutually agreed upon resolution between
owners of right-of-way on the Northeast corridor and passenger rail
operators on the Northeast Corridor is reached prior to the completion
of the study under subsection (a), the Comptroller General shall
conclude the study.
SEC. 9610. GAO STUDY ON ECONOMIC BENEFITS OF ONE-SEAT RIDE COMMUTER
RAIL.
(a) Study.--The Comptroller General of the United States shall
conduct a study in coordination with the Administrator of the Federal
Transit Administration on the economic benefits of commuter rail
service in connecting urban and suburban areas.
(b) Contents.--The study under subsection (a) shall include--
(1) potential benefits of one-seat ride commuter rail
expansion to suburban communities that currently lack direct
service to urban areas;
(2) best practices in identifying where one-seat ride
commuter rail service is beneficial to suburban communities;
and
(3) best practices in improving suburban commuter access on
routes that currently require a transfer.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit a report to Congress
setting forth the results and conclusions of the study under subsection
(a).
DIVISION E--SPORT FISH RESTORATION, RECREATIONAL BOATING SAFETY, AND
WILDLIFE RESTORATION
SEC. 9701. SHORT TITLE.
This division may be cited as the ``Sport Fish Restoration,
Recreational Boating Safety, and Wildlife Restoration Act of 2021''.
SEC. 9702. DIVISION OF ANNUAL APPROPRIATIONS.
(a) In General.--Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
(1) in subsection (a), by striking ``2021'' and inserting
``2026'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``2021'' and inserting ``2026''; and
(ii) by amending subparagraph (B) to read
as follows--
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
``(i) for fiscal year 2022, $12,786,434,
adjusted for inflation as described in clause
(ii)(II)(bb); and
``(ii) for fiscal year 2023, and each
fiscal year thereafter, the sum of--
``(I) the available amount for the
preceding fiscal year; and
``(II) the amount determined by
multiplying--
``(aa) the available amount
for the preceding fiscal year;
and
``(bb) the change, relative
to the preceding fiscal year,
in the Consumer Price Index for
All Urban Consumers published
by the Department of Labor.'';
and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``2016
through 2021'' and inserting ``2022 through
2026''; and
(ii) by amending subparagraph (B) to read
as follows--
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
``(i) for fiscal year 2022, $8,988,700; and
``(ii) for fiscal year 2023, and each
fiscal year thereafter, the sum of--
``(I) the available amount for the
preceding fiscal year; and
``(II) the amount determined by
multiplying--
``(aa) the available amount
for the preceding fiscal year;
and
``(bb) the change, relative
to the preceding fiscal year,
in the Consumer Price Index for
All Urban Consumers published
by the Department of Labor.'';
and
(3) in subsection (e)(2), by striking ``$900,000'' and
inserting ``$1,300,000''.
(b) Administration.--Section 9(a) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777h(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``on a full-time basis''; and
(B) by inserting ``for work hours the employee
spends directly administering this Act, as such hours
are certified by the supervisor of the employee'' after
``administer this Act'';
(2) by striking paragraph (2) and redesignating paragraphs
(3) through (12) as paragraphs (2) through (11), respectively;
(3) by striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)'' each place it appears;
(4) in paragraph (7), as so redesignated, by striking
``full-time'';
(5) in paragraph (8)(A), as so redesignated, by striking
``on a full-time basis'';
(6) in paragraph (9), as so redesignated, by striking ``on
a full-time basis''; and
(7) in paragraph (10), as so redesignated--
(A) by inserting ``or a part-time basis'' after
``on a full-time basis''; and
(B) by inserting ``, provided that the percentage
of relocation expenses paid with funds under this
chapter do not exceed the percentage of work hours the
employee spends administering this Act'' after ``at
which the relocation expenses are incurred''.
(c) Other Activities.--Section 14(e) of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777m(e)) is amended by adding at the
end the following:
``(3) A portion, as determined by the Sport Fishing and
Boating Partnership Council, of funds disbursed for the
purposes described in paragraph (2) but remaining unobligated
prior to fiscal year 2021 shall be used to study--
``(A) the impact of derelict recreational vessels
on recreational boating safety and recreational
fishing; and
``(B) identify options and methods for recycling
for recreational vessels.''.
SEC. 9703. RECREATIONAL BOATING ACCESS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on recreational boating access. In carrying out such
study, the Comptroller General shall consult with the Sport Fishing and
Boating Partnership Council and the National Boating Safety Advisory
Council on the design, scope, and priorities of such study.
(b) Contents.--To the extent practicable, the study required under
subsection (a) shall contain a description of--
(1) the use of nonmotorized vessels in each State and how
the increased use of nonmotorized vessels is impacting
motorized and nonmotorized vessel access to waterway entry
points;
(2) recreational fishing and boating user conflicts
concerning motorized and nonmotorized vessels at waterway
access points; and
(3) the use of funds provided under the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777 et seq.) for--
(A) the sport fish restoration program to improve
nonmotorized vessel access at waterway entry points and
the reasons for providing such access; and
(B) the Recreational Boating Safety Program funds
for nonmotorized boating safety programs.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Sport Fishing and
Boating Partnership Council, the Committees on Natural Resources and
Transportation and Infrastructure of the House of Representatives, and
the Committees on Commerce, Science, and Transportation and Environment
and Public Works of the Senate a report containing the study required
under this section.
(d) State Defined.--In this section, the term ``State'' means any
State, the District of Columbia, the Commonwealths of Puerto Rico and
the Northern Mariana Islands, and the territories of Guam, the U.S.
Virgin Islands, and American Samoa.
SEC. 9704. WILDLIFE RESTORATION FUND ADMINISTRATION.
(a) Allocation and Apportionment of Available Amounts.--Section 4
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c), is
amended--
(1) in subsection (a)(1)(B)--
(A) in clause (i) by striking ``for each of fiscal
years 2001 and 2002, $9,000,000;'' and inserting the
following: ``for fiscal year 2022, $12,786,434,
adjusted for inflation as described in clause
(ii)(II)(bb);''; and
(B) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) for fiscal year 2023, and each
fiscal year thereafter, the sum of--
``(I) the available amount for the
preceding fiscal year; and
``(II) the amount determined by
multiplying--
``(aa) the available amount
for the preceding fiscal year;
and
``(bb) the change, relative
to the preceding fiscal year,
in the Consumer Price Index for
All Urban Consumers published
by the Department of Labor.'';
and
(2) in subsection (a)(2)(A) by striking ``the end of the
fiscal year'' and inserting ``the end of the subsequent fiscal
year''.
(b) Authorized Expenses for Administration.--Section 9(a) of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is
amended--
(1) in paragraph (1)--
(A) by striking ``on a full-time basis''; and
(B) by inserting ``for the work hours the employee
spends directly administering this Act, as such hours
are certified by the supervisor of the employee'' after
``administer this Act'';
(2) by striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)'' each place it appears;
(3) by striking paragraph (2) and redesignating paragraphs
(3) through (12) as paragraphs (2) through (11), respectively;
(4) in paragraph (7), as so redesignated, by striking
``full-time'';
(5) in paragraph (8)(A), as so redesignated, by striking
``on a full-time basis'';
(6) in paragraph (9), as so redesignated, by striking ``on
a full-time basis''; and
(7) in paragraph (10), as so redesignated--
(A) by inserting ``or a part-time basis'' after
``on a full-time basis''; and
(B) by inserting ``, provided that the percentage
of relocation expenses paid with funds under this
chapter do not exceed the percentage of work hours the
employee spends administering this Act'' after ``at
which the relocation expenses are incurred''.
SEC. 9705. SPORT FISH RESTORATION AND BOATING TRUST FUND.
Section 13107(c)(2) of title 46, United States Code, is amended by
striking ``No funds available'' and inserting ``On or after October 1,
2023, no funds available''.
SEC. 9706. SPORT FISHING AND BOATING PARTNERSHIP COUNCIL.
The Sport Fishing and Boating Partnership Council established by
the Secretary of the Interior shall be a Federal advisory committee of
both the Department of the Interior and the Department of Commerce, and
the secretaries of Interior and Commerce shall jointly carry out the
requirements of the Federal Advisory Committee Act with respect to the
Sport Fishing and Boating Partnership Council.
SEC. 9707. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION GRANT
PROGRAM.
(a) In General.--Chapter 805 of subtitle X of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 80505. National culvert removal, replacement, and restoration
grant program
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the United States Fish and Wildlife Service.
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Program.--The term `program' means the annual
competitive grant program established under subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(5) Undersecretary.--The term `Undersecretary' means the
Undersecretary of Commerce for Oceans and Atmosphere.
``(b) Establishment.--The Secretary, in consultation with the
Undersecretary and Director, shall establish an annual competitive
grant program to award grants to eligible entities for projects for the
replacement, removal, and repair of culverts that would meaningfully
improve or restore fish passage for anadromous fish.
``(c) Eligible Entities.--An entity eligible to receive a grant
under the program is--
``(1) a State (as such term is defined in section 401 of
title 23);
``(2) a unit of local government;
``(3) an Indian Tribe;
``(4) a Federal agency eligible to receive funds under
sections 201, 203, or 204 of title 23;
``(5) a political subdivision of a State or unit of local
government;
``(6) a special purpose district or public authority with a
transportation function, including a port authority; or
``(7) a multistate or multijurisdictional group of entities
described in paragraphs (1) through (6).
``(d) Grant Selection Process.--The Secretary, in consultation with
the Undersecretary and Director, shall establish a process for
determining criteria for awarding grants under the program, subject to
subsection (e).
``(e) Prioritization.--The Secretary, in consultation with the
Undersecretary and the Director, shall establish procedures to
prioritize awarding grants under the program to--
``(1) projects that would improve fish passage for--
``(A) anadromous fish stocks listed as an
endangered species or a threatened species under
section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533);
``(B) anadromous fish stocks identified by the
Undersecretary or the Director that could reasonably
become listed as an endangered species or a threatened
species under that section;
``(C) anadromous fish stocks identified by the
Undersecretary or the Director as prey for endangered
species, threatened species, or protected species,
including Southern resident orcas (Orcinus orcas); or
``(D) anadromous fish stocks identified by the
Undersecretary or the Director as climate resilient
stocks; and
``(2) projects that would open up more than 200 meters of
upstream habitat before the end of the natural habitat.
``(f) Federal Share.--The Federal share of the cost of a project
carried out with a grant to a State or a unit of local government under
the program shall be not more than 80 percent.
``(g) Technical Assistance.--The Secretary, in consultation with
the Undersecretary and Director, shall develop a process to provide
technical assistance to Indian Tribes and underserved communities to
assist in the project design and grant process and procedures.
``(h) Administrative Expenses.--Of the amounts made available for
each fiscal year to carry out the program, the Secretary, the
Undersecretary, and the Director may use not more than 2 percent to pay
the administrative expenses necessary to carry out this section.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program $800,000,000 for each of fiscal
years 2022 through 2026.''.
(b) Clerical Amendment.--The analysis for chapter 805 of subtitle X
of title 49, United States Code, is amended by adding at the end the
following new item:
``80505. National culvert removal, replacement, and restoration grant
program.''.
DIVISION F--AUTO SAFETY
SEC. 10101. SAFETY WARNING FOR OCCUPANTS OF HOT CARS.
(a) Occupant Safety.--
(1) In general.--Subchapter II of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 30129. Occupant safety
``(a) Definitions.--In this section:
``(1) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given that term in section 32101.
``(2) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Rulemaking.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final rule
prescribing a motor vehicle safety standard that requires all new
passenger motor vehicles with a gross vehicle weight rating of 10,000
pounds or less to be equipped with a system that detects the presence
of an unattended occupant in the passenger compartment of the vehicle
and engages a warning to reduce death and injury resulting from
vehicular heatstroke, particularly incidents involving children.
``(c) Limitation on Capability of Being Disabled.--The motor
vehicle safety standard prescribed under subsection (b) shall require
that the system described in that subsection cannot be disabled,
overridden, reset, or recalibrated in such a way that the system will
no longer detect the presence of an unattended occupant in the
passenger compartment of the vehicle and engage a warning.
``(d) Means.--
``(1) In general.--The warning required under the motor
vehicle safety standard prescribed under subsection (b) shall
include a distinct auditory and visual warning to notify
individuals inside and outside of the vehicle of the presence
of an unattended occupant, which shall be combined with an
interior haptic warning.
``(2) Consideration.--In developing such warning, the
Secretary shall also consider including a secondary additional
warning to--
``(A) notify--
``(i) operators that are not in close
proximity to the vehicle;
``(ii) emergency responders; and
``(B) provide the geographical location of the
vehicle in a manner that allows for an emergency
response.
``(e) Compliance Deadline.--The rule issued pursuant to subsection
(b) shall require full compliance with the motor vehicle safety
standard prescribed in the rule not later than 2 years after the date
on which the final rule is issued.''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 301 of title 49, United States Code,
is amended by adding at the end the following new item:
``30129. Occupant safety.''.
(b) Study.--
(1) Independent study.--
(A) Contract.--Not later than 90 days after the
date on which a final rule is issued pursuant to
section 30129(b) of title 49, United States Code, as
added by subsection (a)(1), and every two years
thereafter, the Secretary shall enter into a contract
with an independent third party to conduct the study
described under subparagraph (B).
(B) Study.--
(i) In general.--Under the contract between
the Secretary and an independent third party
under subparagraph (A), the independent third
party shall carry out a study on retrofitting
passenger motor vehicles introduced into
interstate commerce before the effective date
of the rule required pursuant to section
30129(b) of title 49, United States Code, as
added by subsection (a)(1), with technologies
and products that meet the safety need
addressed by the motor vehicle safety standard
prescribed under such section.
(ii) Elements.--In carrying out the study
required under clause (i), the independent
third party shall--
(I) identify technologies and
products--
(aa) manufactured for use
in passenger motor vehicles
introduced into interstate
commerce before the effective
date of the rule required by
section 30129(b) of title 49,
United States Code, as added by
subsection (a)(1); and
(bb) that reduce death and
injury resulting from vehicular
heatstroke, particularly
incidents involving children;
and
(II) make recommendations for
manufacturers of such technologies and
products to undergo a functional safety
performance assessment to ensure that
the technologies and products perform
as designed by the manufacturer under a
variety of real-world conditions.
(2) Publication; public comment.--Not later than 2 years
after the date on which the Secretary enters into a contract
pursuant to paragraph (1)(A), and every two years thereafter,
the Secretary shall--
(A) publish the study required under paragraph
(1)(B) in the Federal Register; and
(B) provide a period for public comment of not
longer than 90 days after the date on which the study
is published pursuant to subparagraph (A).
(3) Consumer information.--Not later than 120 days after
expiration of the public comment period described under
paragraph (2)(B) and upon review of the public comments, the
Secretary shall provide information for consumers through the
website of the National Highway Traffic Safety Administration
on the performance of the technologies and products described
in paragraph (1)(B)(ii) to retrofit existing vehicles.
(4) Submission to congress.--Upon issuance of the
recommendations required under paragraph (1)(B), the Secretary
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives the study and
recommendations required by paragraph (1)(B), including any
public comment received under paragraph (2)(B).
(5) Definitions.--In this subsection:
(A) Child restraint system.--The term ``child
restraint system'' has the meaning given that term in
section 571.213 of title 49, Code of Federal
Regulations (or any successor regulation).
(B) Independent third party.--The term
``independent third party'' means a person that does
not receive any direct financial assistance from a
manufacturer (as defined in section 30102 of title 49,
Code of Federal Regulations (or any successor
regulation)) that produces or supplies--
(i) equipment for the systems mandated in
such section 30129; or
(ii) child restraint systems.
(C) Passenger motor vehicle.--The term ``passenger
motor vehicle'' has the meaning given that term in
section 32101 of title 49, United States Code.
(D) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
SEC. 10102. RULEMAKING TO INSTALL AUTOMATIC SHUTOFF SYSTEMS AND
ROLLAWAY PREVENTION TECHNOLOGY IN MOTOR VEHICLES.
(a) Definitions.--In this section:
(1) Electric vehicle.--The term ``electric vehicle''--
(A) means a vehicle that does not include an engine
and is powered solely by an external source of
electricity, solar power, or both;
(B) does not include an electric hybrid vehicle
that uses a chemical fuel such as gasoline or diesel
fuel.
(2) Key.--The term ``key'' has the meaning given the term
in section 571.114 of title 49, Code of Federal Regulations (or
successor regulations).
(3) Manufacturer.--The term ``manufacturer'' has the
meaning given the term in section 30102(a) of title 49, United
States Code.
(4) Motor vehicle.--
(A) In general.--The term ``motor vehicle'' has the
meaning given the term in section 30102(a) of title 49,
United States Code.
(B) Exclusions.--The term ``motor vehicle'' does
not include--
(i) a motorcycle or trailer (as those terms
are defined in section 571.3 of title 49, Code
of Federal Regulations) (or successor
regulations);
(ii) any motor vehicle that is rated at
more than 10,000 pounds gross vehicular weight;
or
(iii) for purposes of subsection (b), a
battery electric vehicle.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Automatic Shutoff Systems for Motor Vehicles.--
(1) Final rule.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
issue a final rule amending section 571.114 of title
49, Code of Federal Regulations (relating to Federal
Motor Vehicle Safety Standard Number 114), to require
manufacturers to install in each motor vehicle equipped
with a keyless ignition device and an internal
combustion engine technology to automatically shut off
the motor vehicle after the motor vehicle has idled for
the period designated under subparagraph (B).
(B) Period described.--
(i) In general.--The period referred to in
subparagraph (A) is the period designated by
the Secretary as necessary to prevent carbon
monoxide poisoning.
(ii) Different periods.--The Secretary may
designate different periods under clause (i)
for different types of motor vehicles,
depending on the rate at which the motor
vehicle emits carbon monoxide, if--
(I) the Secretary determines a
different period is necessary for a
type of motor vehicle for purposes of
section 30111 of title 49, United
States Code; and
(II) requiring a different period
for a type of motor vehicle is
consistent with the prevention of
carbon monoxide poisoning.
(2) Deadline.--The rule under paragraph (1) shall become
effective not later than 2 years after the date on which the
Secretary issues such rule.
(c) Preventing Motor Vehicles From Rolling Away.--
(1) Requirement.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
amending part 571 of title 49, Code of Federal Regulations, to
require manufacturers to install technology to prevent movement
of motor vehicles equipped with keyless ignition devices and
automatic transmissions if--
(A) the transmission of the motor vehicle is not in
the park setting;
(B) the motor vehicle does not exceed the speed
determined by the Secretary under paragraph (2);
(C) the seat belt of the operator of the motor
vehicle is unbuckled;
(D) the service brake of the motor vehicle is not
engaged; and
(E) the door for the operator of the motor vehicle
is open.
(2) Determination.--The Secretary shall determine the
maximum speed at which a motor vehicle may be safely locked in
place under the conditions described in subparagraphs (A), (C),
(D), and (E) of paragraph (1) to prevent vehicle rollaways.
(3) Deadline.--The rule under paragraph (1) shall become
effective not later than 2 years after the date on which the
Secretary issues such rule.
SEC. 10103. 21ST CENTURY SMART CARS.
(a) Crash Avoidance Rulemaking.--
(1) In general.--Subchapter II of chapter 301 of title 49,
United States Code, as amended by section 10101(a)(1), is
further amended by adding at the end the following new section:
``Sec. 30130. Crash avoidance rulemaking
``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue final rules
prescribing motor vehicle safety standards that--
``(1) establish minimum performance requirements for the
crash avoidance systems described in subsection (b); and
``(2) require all new passenger motor vehicles manufactured
for sale in the United States, introduced or delivered for
introduction in interstate commerce, or imported into the
United States to be equipped with the crash avoidance systems
described in subsection (b).
``(b) Crash Avoidance Systems.--The Secretary shall issue motor
vehicle safety standards for each of the following crash avoidance
systems--
``(1) forward collision warning and automatic emergency
braking that detects potential collisions with vehicles,
objects, pedestrians, bicyclists, and other vulnerable road
users while the vehicle is traveling forward, provides a
warning to the driver, and automatically applies the brakes to
avoid or mitigate the severity of a collision;
``(2) rear automatic emergency braking that detects a
potential collision with vehicles, objects, pedestrians,
bicyclists, and other vulnerable roads user while a vehicle is
traveling in reverse and automatically applies the brakes to
avoid or mitigate the severity of a collision;
``(3) rear cross traffic warning that detects vehicles,
objects, pedestrians, bicyclists, and other vulnerable road
users approaching from the side and rear of a vehicle as it
travels in reverse and alerts the driver;
``(4) lane departure warning that monitors a vehicle's
position in its lane and alerts the driver as the vehicle
approaches or crosses lane markers; and
``(5) blind spot warning that detects a vehicle,
pedestrian, bicyclist , and other vulnerable road user to the
side or rear of a vehicle and alerts the driver to their
presence, including when a driver attempts to change the course
of travel toward another vehicle or road user in the blind zone
of the vehicle.
``(c) Considerations.--In prescribing the motor vehicle safety
standards required in subsection (a), the Secretary shall require that
the crash avoidance systems--
``(1) perform effectively at speeds for which a passenger
motor vehicle is designed to operate, including on city streets
and highways; and
``(2) include self-diagnostic capability and warning when
inoperable.
``(d) Compliance Date.--The compliance date of the standards
prescribed under subsection (a) shall not exceed more than 2 years from
the date final rules are issued.
``(e) Rulemaking on Point of Sale Information.--Not later than 18
months after the date of enactment of this section, the Secretary shall
issue a final rule to require clear and concise information about the
capabilities and limitations of advanced crash avoidance systems
described in subsection (b) to be provided to a consumer at the point
of sale and in the vehicle owner's manual, including a publicly
accessible electronic owner's manual.
``(f) Headlamps.--
``(1) Final rule.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final
rule amending section 571.108 of title 49, Code of Federal
Regulations to--
``(A) improve illumination of the roadway;
``(B) prevent glare;
``(C) establish minimum performance standards for--
``(i) semi-automatic headlamp beam
switching;
``(ii) curve adaptive headlamps; and
``(iii) adaptive driving beam headlamp
technology.
``(2) Compliance date.--The compliance date of the revised
standard prescribed under paragraph (1) shall not exceed more
than 2 years from the effective date.
``(3) Final rulemaking required.--Not later than 1 year
after the date of enactment of this section, the Secretary
shall finalize the Rulemaking (83 Fed. Reg. 51766) to permit
the certification of adaptive driving beam headlighting
systems.
``(g) Definitions.--In this section:
``(1) Crash avoidance.--The term `crash avoidance' has the
meaning given to that term in section 32301.
``(2) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given to that term in section
32101.''.
(2) Conforming amendment.--The table of sections for
subchapter II of chapter 301 of title 49, United States Code,
as amended by section 10101(a)(2), is further amended by adding
at the end the following new item:
``30130. Crash avoidance rulemaking.''.
(b) Research of Advanced Crash Systems.--
(1) In general.--Subchapter II of chapter 301 of title 49,
United States Code, as amended by section 10101(a)(1) and
subsection (a)(1), is further amended by adding at the end the
following new section:
``Sec. 30131. Advanced crash systems research and consumer education
``(a) Advanced Crash Systems Research.--
``(1) Research required.--Not later than 2 years after the
date of enactment of this section, the Secretary shall complete
research into the following:
``(A) Direct driver monitoring systems that will
minimize driver disengagement, driver distraction,
prevent automation complacency, and foreseeable misuse
of vehicle automation.
``(B) Lane keeping assistance that assists with
steering to keep a vehicle within its driving lane.
``(C) Automatic collision notification systems
that--
``(i) notify emergency responders that a
crash has occurred and provide the geographical
location of the vehicle and crash data in a
manner that allows for assessment of potential
injuries and emergency response; and
``(ii) transfer to the Secretary anonymized
automatic crash data for the purposes of safety
research and statistical analysis.
``(D) Intelligent Speed Assist that--
``(i) determines the applicable speed limit
where the vehicle is operating; and
``(ii) alerts the driver to the current
speed limit and discourages exceeding that
limit.
``(2) Requirements.--In conducting the research required
under subsection (a), the Secretary shall--
``(A) develop one or more tests to evaluate the
performance of the systems;
``(B) determine criteria that would be reasonable
and practicable at evaluating the performance of the
systems; and
``(C) determine fail, pass, or advanced pass
criteria to assure the systems are performing their
intended function.
``(3) Report.--The Secretary shall submit a report
detailing findings from the research required under subsection
(a) to the House Energy and Commerce Committee and the Senate
Commerce, Science, and Transportation Committee not later than
3 years after the date of enactment of this Act.
``(4) Rulemaking.--Not later than 4 years after the date of
enactment of this section, the Secretary shall issue final
rules to establish motor vehicle safety standards for the
advanced crash systems described in this subsection and to
require all new passenger motor vehicles manufactured for sale
in the United States, introduced or delivered for introduction
in interstate commerce, or imported into the United States
produced after the compliance date of such standards to be
equipped with advanced crash avoidance systems described in
this subsection.
``(5) Lead-time.--The compliance date of the standards
prescribed under this section shall not exceed more than 2
model years from the date a motor vehicle safety standard is
finalized.
``(6) Crash data.--If the Secretary makes a determination
that establishing a motor vehicle safety standard described in
paragraph (1)(C)(ii) does not meet the requirements and
considerations set forth in subsections (a) and (b) of section
30111 of title 49, United States Code, the Secretary--
``(A) shall submit a report describing the reasons
for reaching such a determination to the Committee on
Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation
in the Senate; and
``(B) may not issue such a standard.
``(b) Definitions.--In this section:
``(1) Crash avoidance.--The term `crash avoidance' has the
meaning given to that term in section 32301.
``(2) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given to that term in section
32101.''.
(2) Conforming amendment.--The table of sections for
subchapter II of chapter 301 of title 49, United States Code,
as amended by section 10101(a)(2) and subsection (a)(2), is
further amended by adding at the end the following new item:
``30131. Advanced crash systems research and consumer education.''.
SEC. 10104. UPDATING THE 5-STAR SAFETY RATING SYSTEM.
(a) In General.--Section 32302 of title 49, United States Code, is
amended--
(1) by striking subsection (c);
(2) by redesignating subsection (d) as subsection (c); and
(3) by adding at the end the following:
``(d) Roadmap.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this subsection, and every 2 years thereafter,
the Secretary shall publish a clear and concise report on a
publicly accessible website detailing efforts over the next 5-
year period to improve the passenger motor vehicle information
developed under subsection (a).
``(2) Elements.--The report required under paragraph (1)
shall include--
``(A) descriptions of actions that will be taken to
update the passenger motor vehicle information
developed under subsection (a), including the
development of test procedures, test devices, and
safety performance criteria;
``(B) key milestones, including the anticipated
start of an action, completion of an action, and
effective date of an update; and
``(C) descriptions of how an update will improve
the passenger motor vehicle information developed under
subsection (a).
``(3) Requirements.--In developing and implementing the
report required under paragraph (1), the Secretary shall--
``(A) identify and prioritize features and systems
that meet a known safety need and for which objective
and appropriate tests and evaluation criteria exist or
can be developed;
``(B) when reasonable and in the interest of
reducing crashes and deaths and injuries resulting from
crashes, harmonize the passenger motor vehicle
information developed under subsection (a) with other
safety information programs, including those
administered internationally or by private
organizations, that provide comparisons of safety
characteristics of passenger motor vehicles; and
``(C) establish objective criteria for the
selection of safety features and systems to be tested.
``(4) Public comment.--The Secretary shall provide for a
period of public comment and review in developing the report
required under paragraph (1).
``(e) Initial Updates to the 5-star Safety Rating System.--
``(1) Crash avoidance.--Not later than 1 year after the
date of the enactment of this subsection, the Secretary shall
implement, in the passenger motor vehicle information program
under subsection (a), updated or new, as applicable, crash
avoidance tests, which shall include tests of forward automatic
emergency braking, lane departure warning, blind spot warning,
rear cross traffic warning, and rear automatic emergency
braking.
``(2) Vulnerable road user safety.--Not later than 1 year
after the date of the enactment of this subsection, the
Secretary shall implement, in the passenger motor vehicle
information program under subsection (a), crash avoidance tests
that assess the prevention or mitigation of crashes between a
passenger motor vehicle and a pedestrian, bicyclist, or other
vulnerable road user, which shall include tests of forward
automatic emergency braking and rear automatic emergency
braking.
``(3) New and updated 5-star safety ratings.--Not later
than 1 year after the date of the enactment of this subsection,
the Secretary shall--
``(A) establish separate 5-star safety ratings
for--
``(i) crash avoidance, which shall
incorporate the tests implemented under
paragraph (1); and
``(ii) pedestrian, bicyclist, and other
vulnerable road user safety, which shall
incorporate the tests implemented under
paragraph (2); and
``(B) update the combined overall 5-star safety
rating to incorporate the 5-star safety ratings
established under subparagraph (A).
``(f) Advanced Updates to the 5-star Safety Rating System.--
``(1) Crashworthiness.--
``(A) Test procedures, conditions, and devices;
injury criteria.--Not later than 2 years after the date
of the enactment of this subsection, the Secretary
shall prescribe a final rule amending part 572 of title
49, Code of Federal Regulations, to incorporate into
the passenger motor vehicle information program under
subsection (a)--
``(i) updated and new test procedures, test
conditions, and anthropomorphic test devices
that reasonably represent motor vehicle
occupants and pedestrians, bicyclists, and
other vulnerable road users, including such
occupants and users who are children, elderly
individuals, adult males, and adult females;
and
``(ii) new or refined injury criteria,
including head, neck, chest, abdomen, pelvis,
upper leg, and lower leg injury criteria, based
on real-world injuries and the greatest
potential to increase the safety of passenger
motor vehicles.
``(B) Tests.--Not later than 3 years after the date
of the enactment of this subsection, the Secretary
shall, with respect to the passenger motor vehicle
information program under subsection (a)--
``(i) update existing crashworthiness
tests, including to account for adult male,
adult female, and elderly occupants in all
designated seating positions; and
``(ii) implement new crashworthiness tests
for--
``(I) occupants, including
children, elderly occupants, adult
males, and adult females, in all rear
designated seating positions;
``(II) crashes between a passenger
motor vehicle and a pedestrian,
bicyclist, or other vulnerable road
user, including the potential risks of
injuries to the head, neck, chest,
abdomen, pelvis, upper leg, and lower
leg; and
``(III) seats, the attachment
assemblies of seats, and the
installation of seats.
``(2) Post-crash safety and advanced crash avoidance
systems.--
``(A) Research.--Not later than 2 years after the
date of the enactment of this subsection, the Secretary
shall complete research into the development of tests
for--
``(i) post-crash safety systems, including
tests for automatic collision notification; and
``(ii) advanced crash avoidance systems,
including tests for--
``(I) lane keeping assistance;
``(II) traffic jam assist;
``(III) driver monitoring and
driver distraction prevention,
including tests for maintaining driver
engagement and mitigating distraction
from in-vehicle electronic devices;
``(IV) intelligent speed
assistance; and
``(V) blind spot intervention.
``(B) Implementation.--After completion of the
research required under subparagraph (A), and not later
than 3 years after the date of the enactment of this
subsection, the Secretary shall implement tests for
post-crash safety systems and advanced crash avoidance
systems, including (at a minimum) tests for the
specific capabilities described in clause (i) of such
subparagraph and subclauses (I) through (V) of clause
(ii) of such subparagraph, unless the Secretary
determines that doing so will not improve the passenger
motor vehicle information developed under subsection
(a).
``(C) Explanation of determination.--If the
Secretary does not implement tests for a specific
capability described in clause (i) of subparagraph (A)
or any of subclauses (I) through (V) of clause (ii) of
such subparagraph, the Secretary shall describe in the
next report required under subsection (d)--
``(i) the reasons for the determination of
the Secretary under subparagraph (B) with
respect to such capability; and
``(ii) if such capability is included in
another safety information program, including
such a program administered by an international
or private organization, why the tests, or
substantially similar tests, from such other
program were not adopted.
``(3) New and updated 5-star safety ratings.--Not later
than 3 years after the date of the enactment of this
subsection, the Secretary shall--
``(A) establish separate 5-star safety ratings
for--
``(i) crashworthiness for adults;
``(ii) crashworthiness for elderly
occupants; and
``(iii) crashworthiness for children;
``(B) update the crash avoidance 5-star safety
rating to incorporate the post-crash safety and
advanced crash avoidance tests implemented under
paragraph (2)(B); and
``(C) update the combined overall 5-star safety
rating to incorporate the 5-star safety ratings
established under subparagraph (A) and the 5-star
safety rating updated under subparagraph (B).
``(g) Advanced Drunk Driving Prevention Technology.--
``(1) Research.--Not later than 2 years after the date of
the enactment of this subsection, the Secretary shall complete
research into the development of tests for advanced drunk
driving prevention technology.
``(2) Implementation.--After completion of the research
required under paragraph (1), and not later than 4 years after
the date of the enactment of this subsection, the Secretary
shall implement tests for advanced drunk driving prevention
technology, unless the Secretary determines that doing so will
not improve the passenger motor vehicle information developed
under subsection (a).
``(3) Explanation of determination.--If the Secretary does
not implement tests for advanced drunk driving prevention
technology, the Secretary shall describe in the next report
required under subsection (d)--
``(A) the reasons for the determination of the
Secretary under paragraph (2); and
``(B) if advanced drunk driving prevention
technology is included in another safety information
program, including such a program administered by an
international or private organization, the Secretary
shall detail why the tests, or substantially similar
tests, from such other program were not adopted.
``(4) Updated 5-star safety ratings.--Not later than 4
years after the date of the enactment of this subsection, the
Secretary shall--
``(A) update the crash avoidance 5-star safety
rating to incorporate any tests for advanced drunk
driving prevention technology implemented under
paragraph (2); and
``(B) update the combined overall 5-star safety
rating to incorporate any updates to the crash
avoidance 5-star safety rating under subparagraph (A).
``(h) Updating the Monroney Label.--
``(1) In general.--Not later than 4 years after the date of
the enactment of this subsection, the Secretary shall prescribe
a final rule revising part 575 of title 49, Code of Federal
Regulations, to update the safety rating information required
to be displayed on stickers placed on motor vehicles by their
manufacturers (commonly referred to as `Monroney Labels').
``(2) Requirements.--In carrying out paragraph (1), the
Secretary shall require that crash avoidance information is
indicated next to crashworthiness information on the stickers
described in such paragraph.
``(i) Safety Ratings.--
``(1) In general.--The 5-star safety ratings shall--
``(A) provide consumers with easy-to-understand
information about passenger motor vehicle safety;
``(B) provide meaningful comparative information
about the safety of passenger motor vehicles; and
``(C) provide incentives for the design of safer
passenger motor vehicles.
``(2) Standard systems or features.--A vehicle model shall
only achieve the highest safety rating under the passenger
motor vehicle information program under subsection (a) if each
system or feature that is subject to a test under such program
is standard for the model.
``(3) Public availability.--Not later than 30 days after
providing the safety ratings under the passenger motor vehicle
information program under subsection (a) for a passenger motor
vehicle to the manufacturer of the vehicle, the Secretary shall
publish such safety ratings on a website that is publicly
available and easily accessible (including on mobile devices).
``(j) Continuous Updates.--
``(1) In general.--Not later than 6 years after the date of
the enactment of this subsection, and every 2 years thereafter,
the Secretary shall--
``(A) update the passenger motor vehicle
information program under subsection (a) to expand
consumer access to information about passenger motor
vehicle safety in accordance with the roadmap required
under subsection (d); and
``(B) update each test or 5-star safety rating
implemented under this section, unless the Secretary
determines that updating the test or 5-star safety
rating will not improve the passenger motor vehicle
information developed under subsection (a).
``(2) Replacing and eliminating tests and 5-star safety
ratings.--
``(A) In general.--If the Secretary determines that
a test or 5-star safety rating implemented under this
section no longer improves the passenger motor vehicle
information developed under subsection (a), the
Secretary shall--
``(i) replace such test or 5-star safety
rating; or
``(ii) if the Secretary determines that a
replacement of such test or 5-star safety
rating will not improve the passenger motor
vehicle information developed under subsection
(a), eliminate such test or 5-star safety
rating.
``(B) Explanation of determination.--If the
Secretary eliminates a test or 5-star safety rating
under subparagraph (A)(ii), the Secretary shall provide
an explanation for the determination of the Secretary
under such subparagraph in the next report required
under subsection (d).
``(k) Report on Failure to Meet Deadline.--If the Secretary fails
to meet a deadline under this section, the Secretary shall, not later
than 30 days after the deadline, submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing--
``(1) an explanation of why the Secretary failed to meet
the deadline; and
``(2) a detailed plan and projected timeline for completing
the requirement to which the deadline relates.
``(l) Definitions.--In this section:
``(1) 5-star safety rating.--The term `5-star safety
rating' means a graphical depiction of a rating assigned under
the passenger motor vehicle information program under
subsection (a).
``(2) Crashworthiness.--The term `crashworthiness' has the
meaning given such term in section 32301, except that such term
also includes the protection a passenger motor vehicle gives
pedestrians, bicyclists, and other vulnerable road users
against personal injury or death from a motor vehicle
accident.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Transportation $75,000,000 for each of
fiscal years 2022 through 2027 to carry out the amendments made by this
section.
SEC. 10105. ADVANCED DRUNK DRIVING PREVENTION TECHNOLOGY.
(a) Requirements.--
(1) Motor vehicle safety standard.--Not later than 18
months after the date of enactment of this Act, the Secretary
of Transportation shall issue a notice of proposed rulemaking
to prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires passenger
motor vehicles manufactured after the effective date of such
standard to be equipped with advanced drunk driving prevention
technology. Not later than three years after the date of
enactment of this Act, the Secretary shall prescribe a final
rule containing the motor vehicle safety standard required
under this subsection. The final rule shall specify an
effective date that provides at least two years, but no more
than three years, to allow for manufacturing compliance.
(2) Timing.--If the Secretary determines that a new motor
vehicle safety standard required under this subsection cannot
meet the requirements and considerations set forth in
subsections (a) and (b) of section 30111 of title 49, United
States Code, within the 3-year period required under paragraph
(1), the Secretary shall--
(A) submit a report to the Committee on Energy and
Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate describing the reasons for not prescribing
such a standard within such 3-year period;
(B) not later than one year after the submission of
the report under subparagraph (A), prescribe the final
rule required by paragraph (1);
(C) if the Secretary cannot meet the requirements
and considerations set forth in subsections (a) and (b)
of section 30111 of title 49, United States Code,
within the additional 1-year period described in
subparagraph (B), or any subsequent 1-year period,
submit a additional reports after each additional 1-
year period to the committees described in subparagraph
(A) describing the reasons for not prescribing such a
standard within such additional period; and
(D) not later than six years after the date of
enactment of this Act, prescribe a final motor vehicle
safety, as required under paragraph (1).
(b) Development.--The Secretary shall work directly with
manufacturers of passenger motor vehicles, suppliers, safety advocates,
and other interested parties, including universities with expertise in
automotive engineering, to--
(1) accelerate the development of the advanced drunk
driving prevention technology required to prescribe a motor
vehicle safety standard described in subsection (a); and
(2) ensure the integration of such technology into
passenger motor vehicles available for sale at the earliest
practicable date.
(c) Definitions.--In this section:
(1) Advanced drunk driving prevention technology.--the term
``advanced drunk driving prevention technology'' means--
(A)(i) a passive system that monitors a driver's
performance to identify whether that driver may be
impaired;
(ii) a system that can passively and accurately
detect whether the blood alcohol concentration of a
driver of a motor vehicle is equal to or greater than
.08 blood alcohol content; or
(iii) a similar system that detects impairment of a
driver, including a combination of systems described in
paragraphs (A) and (B); and
(B) a system that prevents or limits vehicle
operation if such system determines the driver may be
intoxicated or otherwise impaired.
(2) Motor vehicle safety standard.--The term ``motor
vehicle safety standard'' has the meaning given such term in
section 30102 of title 49, United States Code.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given such term in section 32101 of
title 49, United States Code.
SEC. 10106. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY STANDARDS.
(a) Limousine Standards.--
(1) Safety belt and seating system standards for
limousines.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall prescribe a final
rule--
(A) that amends Federal Motor Vehicle Safety
Standard Numbers 208, 209, and 210 to require to be
installed in limousines at each designated seating
position, including on side-facing seats--
(i) an occupant restraint system consisting
of integrated lap shoulder belts; or
(ii) an occupant restraint system
consisting of a lap belt if the occupant
restraint system described in clause (i) does
not meet the need for motor vehicle safety; and
(B) that amends Federal Motor Vehicle Safety
Standard Number 207 to require limousines to meet
standards for seats (including side-facing seats), seat
attachment assemblies, and seat installation to
minimize the possibility of their failure by forces
acting on them as a result of vehicle impact.
(2) Report on retrofit assessment for limousines.--Not
later than 2 years after the date of the enactment of this Act,
the Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
that assesses the feasibility, benefits, and costs with respect
to the application of any requirement established under
paragraph (1) to a limousine introduced into interstate
commerce before the date on which the requirement takes effect.
(b) Safety Regulation of Limousines.--
(1) In general.--Section 30102(a)(6) of title 49, United
States Code, is amended--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) modifying a passenger motor vehicle (as such
term is defined in section 32101) that has already been
purchased by the first purchaser (as such term is
defined in subsection (b)) by increasing the wheelbase
of the vehicle so that the vehicle has increased
seating capacity.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply beginning on the date that is 1 year after the date
of the enactment of this Act.
(c) Limousine Compliance With Federal Safety Standards.--
(1) In general.--Subchapter II of chapter 301 of title 49,
United States Code, as amended by sections 10101(a)(1), 10103
(a)(1), and 10103(b)(1), is further amended by adding at the
end the following new section:
``Sec. 30132. Limousine compliance with Federal safety standards
``(a) Requirement.--Beginning on the date that is 1 year after the
date of the enactment of this section, a limousine remodeler may not
offer for sale, lease, or rent, introduce or deliver for introduction
into interstate commerce, or import into the United States a new
limousine unless the limousine remodeler has submitted to the Secretary
a vehicle remodeler plan (or an updated vehicle remodeler plan required
by subsection (b), as applicable) that describes how the remodeler is
mitigating risks to motor vehicle safety posed by the limousines of the
remodeler. A vehicle remodeler plan shall include the following:
``(1) Verification and validation of compliance with
applicable motor vehicle safety standards.
``(2) Design, quality control, manufacturing, and training
practices adopted by the limousine remodeler.
``(3) Customer support guidelines, including instructions
for limousine occupants to wear seatbelts and limousine
operators to notify occupants of the date and results of the
most recent inspection of the limousine.
``(b) Updates.--Each limousine remodeler shall submit an updated
vehicle remodeler plan to the Secretary each year.
``(c) Publicly Available.--The Secretary shall make any vehicle
remodeler plan submitted under subsection (a) or (b) publicly available
not later than 60 days after the date on which the plan is received,
except the Secretary may not make publicly available any information
relating to a trade secret or other confidential business information
(as such terms are defined in section 512.3 of title 49, Code of
Federal Regulations (or any successor regulation)).
``(d) Review.--The Secretary may inspect any vehicle remodeler plan
submitted by a limousine remodeler under subsection (a) or (b) to
enable the Secretary to determine whether the limousine remodeler has
complied, or is complying, with this chapter or a regulation prescribed
or order issued pursuant to this chapter.
``(e) Rule of Construction.--Nothing in this section may be
construed to affect discovery, a subpoena or other court order, or any
other judicial process otherwise allowed under applicable Federal or
State law.
``(f) Definitions.--In this section:
``(1) Certified passenger motor vehicle.--The term
`certified passenger motor vehicle' means a passenger motor
vehicle that has been certified in accordance with section
30115 to meet all applicable motor vehicle safety standards.
``(2) Incomplete vehicle.--The term `incomplete vehicle'
has the meaning given such term in section 567.3 of title 49,
Code of Federal Regulations (or any successor regulation).
``(3) Limousine.--The term `limousine' means a motor
vehicle--
``(A) that has a seating capacity of 9 or more
persons (including the driver);
``(B) with a gross vehicle weight rating greater
than 10,000 pounds but not greater than 26,000 pounds;
and
``(C) that the Secretary has determined by
regulation has physical characteristics resembling--
``(i) a passenger car;
``(ii) a multipurpose passenger vehicle; or
``(iii) a truck with a gross vehicle weight
rating of 10,000 pounds or less.
``(4) Limousine operator.--The term `limousine operator'
means a person who owns or leases, and uses, a limousine to
transport passengers for compensation.
``(5) Limousine remodeler.--The term `limousine remodeler'
means a person who alters or modifies by addition,
substitution, or removal of components (other than readily
attachable components) an incomplete vehicle, a vehicle
manufactured in two or more stages, or a certified passenger
motor vehicle before or after the first purchase of the vehicle
to manufacture a limousine.
``(6) Multipurpose passenger vehicle.--The term
`multipurpose passenger vehicle' has the meaning given such
term in section 571.3 of title 49, Code of Federal Regulations
(or any successor regulation).
``(7) Passenger car.--The term `passenger car' has the
meaning given such term in section 571.3 of title 49, Code of
Federal Regulations (or any successor regulation).
``(8) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given such term in section 32101.
``(9) Truck.--The term `truck' has the meaning given such
term in section 571.3 of title 49, Code of Federal Regulations
(or any successor regulation).''.
(2) Enforcement.--Section 30165(a)(1) of title 49, United
States Code, is amended by inserting ``30132,'' after
``30127,''.
(3) Clerical amendment.--The table of sections for
subchapter II of chapter 301 of title 49, United States Code,
as amended by sections 10101(a)(2), 10103(a)(2), and
10103(b)(2), is further amended by adding at the end the
following new item:
``30132. Limousine compliance with Federal safety standards.''.
(d) Limousine Crashworthiness.--
(1) Research.--Not later than 4 years after the date of the
enactment of this Act, the Secretary shall complete research
into the development of motor vehicle safety standards for side
impact protection, roof crush resistance, and air bag systems
for the protection of occupants for limousines with alternative
seating positions, including perimeter seating arrangements.
(2) Rulemaking or report.--
(A) Crashworthiness standards.--
(i) In general.--Not later than 2 years
after the completion of the research required
under paragraph (1), except as provided in
clause (ii), the Secretary shall prescribe a
final motor vehicle safety standard, for the
protection of occupants in limousines with
alternative seating positions, for each of the
following:
(I) Side impact protection.
(II) Roof crush resistance.
(III) Air bag systems.
(ii) Requirements and considerations.--The
Secretary may only prescribe a motor vehicle
safety standard described in clause (i) if the
Secretary determines that such standard meets
the requirements and considerations set forth
in subsections (a) and (b) of section 30111 of
title 49, United States Code.
(B) Report.--If the Secretary determines that a
standard described in subparagraph (A)(i) does not meet
the requirements and considerations set forth in
subsections (a) and (b) of section 30111 of title 49,
United States Code, the Secretary shall publish in the
Federal Register and submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report describing the reasons for not
prescribing such standard.
(e) Limousine Evacuation.--
(1) Research.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall complete research
into safety features and standards that aid evacuation in the
event that one exit in the passenger compartment of a limousine
is blocked.
(2) Standards.--Not later than 3 years after the date of
the enactment of this Act, the Secretary shall prescribe a
final motor vehicle safety standard based on the results of the
research under paragraph (1).
(f) Limousine Inspection Disclosure.--
(1) In general.--A limousine operator may not introduce a
limousine into interstate commerce unless the limousine
operator has prominently disclosed in a clear and conspicuous
notice, including on the website of the operator if the
operator has a website, the following:
(A) The date of the most recent inspection of the
limousine required under State or Federal law.
(B) The results of the inspection.
(C) Any corrective action taken by the limousine
operator to ensure the limousine passed inspection.
(2) Federal trade commission enforcement.--The Federal
Trade Commission shall enforce this subsection in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this
subsection. Any person who violates this subsection shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(3) Savings provision.--Nothing in this subsection shall be
construed to limit the authority of the Federal Trade
Commission under any other provision of law.
(4) Effective date.--This subsection shall take effect 180
days after the date of the enactment of this Act.
(g) Event Data Recorders for Limousines.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall prescribe a
final motor vehicle safety standard requiring the use of event
data recorders for limousines.
(2) Privacy protections.--Any standard prescribed under
paragraph (1) pertaining to event data recorder information
shall be consistent with the collection and sharing
requirements under the FAST Act (Public Law 114-94) and any
other applicable law.
(h) Definitions.--In this section:
(1) Event data recorder.--The term ``event data recorder''
has the meaning given such term in section 563.5 of title 49,
Code of Federal Regulations (or any successor regulation).
(2) Limousine.--The term ``limousine'' has the meaning
given such term in section 30132 of title 49, United States
Code, as added by this section.
(3) Limousine operator.--The term ``limousine operator''
has the meaning given such term in section 30132 of title 49,
United States Code, as added by this section.
(4) Motor vehicle safety.--The term ``motor vehicle
safety'' has the meaning given such term in section 30102(a) of
title 49, United States Code.
(5) Motor vehicle safety standard.--The term ``motor
vehicle safety standard'' has the meaning given such term in
section 30102(a) of title 49, United States Code.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(7) State.--The term ``State'' has the meaning given such
term in section 30102(a) of title 49, United States Code.
SEC. 10107. STUDY TO EVALUATE THE PERFORMANCE OF CRASH AVOIDANCE
SYSTEMS.
(a) Study.--The Secretary of Transportation shall conduct a study
to evaluate the performance of crash avoidance systems at detecting and
classifying pedestrians, bicyclists, and other vulnerable road users,
including those with different skin tones that are representative of
different racial and ethnic groups.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall transmit a report of the results of the
study required under subsection (a) to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, and make such report
publicly available.
(c) Contracting.--The Secretary may enter into contracts with
nonprofit institutions, colleges, and universities to conduct research
required for the study required under subsection (a).
(d) Definition of Crash Avoidance.--As used in this section, the
term ``crash avoidance systems'' means any system in a motor vehicle
used to prevent or mitigate a crash, including a system using cameras,
lidar, or radar.
SEC. 10108. STUDY AND REPORT ON MOTOR VEHICLE LAMPS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, an entity described in subsection (b) that is
competent to carry out the requirements of this section, and that is
selected by the Secretary (in consultation with the Director of the
National Institute of Standards and Technology and the Director of the
National Institutes of Health), shall complete a study and submit to
the Secretary a report on the effects of non-uniform luminance from
Light Emitting Diode (LED) and Light Amplification by Stimulated
Emission of Radiation (LASER) motor vehicle lamps on the vision of
elderly drivers and roadway safety. The study and report shall
consider, at a minimum, motor vehicle headlights, daytime running
lights, brake lights, tail lights, turn signals, and flashing lights on
public safety and maintenance vehicles.
(b) Entity Described.--An entity described in this subsection is--
(1) a nonprofit research institution;
(2) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
(3) a consortium of institutions described in paragraph (1)
or institutions described in paragraph (2), or both.
(c) Contents of Report.--The report required by subsection (a)
shall include, at a minimum, the following:
(1) Measurements and evaluation of peak luminance, spectral
power distribution, and flicker from lamps described in
subsection (a).
(2) An evaluation of the effects (including specifically
for elderly drivers), if any, on vision, health, and safety of
individuals exposed to light from lamps described in subsection
(a), including an evaluation of risks (including specifically
for elderly drivers) of temporary or long-term impairment of
vision and light-induced psychological stress and seizures.
(d) Submission of Report and Recommendations.--Not later than 90
days after the completion of the study and report required by
subsection (a), the Secretary shall publish in the Federal Register and
submit to the Committee on Energy and Commerce of the House of
Representatives, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate--
(1) such report; and
(2) if appropriate, recommendations regarding measures to
reduce the risks to roadway safety of glare from the lamps
described in subsection (a).
(e) Public Notice and Comment.--In developing the scope of the
study required by subsection (a), the Secretary shall provide for a
period of public notice and comment.
(f) Definitions.--In this section:
(1) Motor vehicle.--The term ``motor vehicle'' has the
meaning given such term in section 30102(a) of title 49, United
States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 10109. MOTOR VEHICLE SEAT BACK SAFETY STANDARDS.
(a) Final Rule.--Not later than 2 years after the date of enactment
of this Act, subject to subsection (b), the Secretary of Transportation
shall issue a final rule updating section 571.207 of title 49, Code of
Federal Regulations, to reduce the potential for injury to all motor
vehicle occupants due to seat back failure during all types of vehicle
impact.
(b) Compliance Date.--In issuing the final rule pursuant to
subsection (a), the Secretary of Transportation shall establish a date
for required compliance with the final rule of not later than 2 motor
vehicle model years after the model year during which the effective
date of the final rule occurs.
SEC. 10110. SENSE OF HOUSE OF REPRESENTATIVES ON REGULATORY FRAMEWORK
FOR AUTONOMOUS VEHICLES.
It is the sense of the House of Representatives that Congress, in
broad consultation with labor, safety groups, industry, and other
stakeholders, should begin establishing a Federal regulatory framework
for the safe deployment of autonomous vehicles nationwide that will
support existing jobs and grow the United States workforce of the
future, including good union jobs, keep the United States on the
forefront of this technology, and keep the United States competitive
around the globe.
SEC. 10111. MOTOR VEHICLE PEDESTRIAN AND CYCLIST PROTECTION.
(a) Rulemaking.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation, acting through the
Administrator of the National Highway Traffic Safety Administration,
shall issue a final rule that--
(1) establishes minimum performance standards for the hood
and bumper areas of passenger cars, multipurpose passenger
vehicles, trucks, and buses with a gross vehicle weight rating
of 4,536 kilograms (10,000 pounds) or less to reduce injuries
and fatalities suffered by vulnerable road users, including
pedestrians and cyclists, who are struck by such vehicles; and
(2) considers the protection of vulnerable pedestrian and
cycling populations, including children and older adults, and
people with disabilities.
(b) Compliance.--The rule issued pursuant to subsection (a) shall
require full compliance with minimum performance standards established
by the Secretary not later than 2 years after the date on which the
final rule is issued.
(c) Definitions.--In this section:
(1) Bus.--The term ``bus'' has the meaning given such term
in section 571.3 of title 49, Code of Federal Regulations (or
any successor regulation).
(2) Multipurpose passenger vehicle.--The term ``multiperson
passenger vehicle'' has the meaning given such term in section
571.3 of title 49, Code of Federal Regulations (or any
successor regulation).
(3) Passenger car.--The term ``passenger car'' has the
meaning given such term in section 571.3 of title 49, Code of
Federal Regulations (or any successor regulation).
(4) Truck.--The term ``truck'' has the meaning given such
term in section 571.3 of title 49, Code of Federal Regulations
(or any successor regulation).
SEC. 10112. CHILD RESTRAINT SYSTEMS.
(a) Child Restraint System Labeling.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Transportation
shall revise section 571.213 of title 49, Code of Federal
Regulations--
(A) in S5.5.2(f) by striking ``13.6 kg'' and
inserting ``18.2 kg''; and
(B) by adding at the end of S5.5.2 the following:
``(o) The packaging for each booster seat shall be permanently
labeled with the information specified in S5.5.2(g).
``(p) On each booster seat, and on the packaging of such booster
seat, there shall be placed--
``(1) a permanent label stating: `For use by children [_]
years old or older and who are over [_] pounds.', with respect
to which--
``(A) the first bracket is replaced with the
minimum age recommended for a user, which may not be an
age younger than 4 years old; and
``(B) the second bracket is replaced with the
minimum weight recommended for a user, which may not be
under 40 pounds; and
``(2) a permanent label stating: `Strongly recommended
children use this seat only when they reach either the height
or weight limit for a child restraint system with internal
harness as indicated by the manufacturer.'.
``(q) On each child restraint system with internal harness, and on
the packaging of such child restraint system with internal harness,
there shall be placed a permanent label stating: `To prevent possible
injury or death, it is important to delay the transition from a child
restraint system with internal harness to a booster seat as long as
possible, until the child reaches the weight or height limit of the
child restraint system with internal harness as indicated by the
manufacturer.'.
``(r) On each combination car seat, there shall be placed a
permanent label stating: `Please use this seat with the internal
harness as long as possible, until your child outgrows the maximum
weight of [_] or reaches the maximum height of [_]. Once they have
exceeded such weight or height, this seat can be used as a belt
positioning booster seat with the vehicle seat belt.', with respect to
which--
``(1) the first bracket is replaced with the maximum weight
recommended for an internal harness user, which may not be
under 40 pounds; and
``(2) the second bracket is replaced with the maximum
height recommended for an internal harness user.''.
(2) Effective date.--The modifications to section 571.213
of title 49, Code of Federal Regulations, under paragraph (1)
shall take effect not later than 180 days after the date of the
enactment of this Act.
(b) Side-impact Crash Testing.--
(1) General standards.--Not later than 1 year after the
date of the enactment of this section, the Administrator shall
issue regulations to establish standards with respect to side-
impact crash testing for child restraint systems, which--
(A) shall include standards for booster seats; and
(B) may include the use of the most appropriate
test dummy available at the time of such side-impact
crash testing.
(2) Near-side and far-side impact testing.--In issuing
regulations under paragraph (1), the Administrator shall
include procedures for testing--
(A) near-side impacts, in which the child restraint
system being tested is positioned on the side of the
point of impact; and
(B) far-side impacts, in which the child restraint
system being tested is positioned on the opposite side
of the point of impact.
(3) Booster seat test devices.--
(A) Design.--Not later than 18 months after the
date of the enactment of this section, the
Administrator shall issue regulations that provide
guidelines for a test dummy that approximates a 6-year-
old child for the purposes of side-impact crash
testing.
(B) Use.--Not later than 18 months after the date
on which the Administrator issues regulations under
subparagraph (A), the Administrator shall require that
side-impact crash testing for booster seats (for both
near-side and far-side impacts) includes the use of a
test dummy that meets the guidelines provided under
subparagraph (A).
(c) Tether Systems Study.--Not later than 1 year after the date of
the enactment of this section, the Administrator shall provide to
Congress a study of the functionality of tether systems and the
variability that exists in tether use recommendations by car seat and
vehicle manufacturers, with recommendations on how such tether systems
may be used or modified to increase the usage of child restraint
systems with internal harness to maximize child safety.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Highway Traffic Safety
Administration.
(2) Booster seat.--The term ``booster seat'' has the
meaning given such term in section 571.213 of title 49, Code of
Federal Regulations (as in effect on the date of the enactment
of this section).
(3) Child restraint system.--The term ``child restraint
system'' has the meaning given such term in section 571.213 of
title 49, Code of Federal Regulations (as in effect on the date
of the enactment of this section).
(4) Child restraint system with internal harness.--The term
``child restraint system with internal harness'' means a child
restraint system designed to be used rear-facing or forward-
facing employing a 5-point harness to position the child in the
seat.
(5) Combination car seat.--The term ``combination car
seat''--
(A) means any child restraint system designed to be
used in a forward-facing position with a 5-point
internal harness, where the harness may be removed and
the seat utilized as a belt-positioning booster seat;
and
(B) includes a child restraint system that may be--
(i) converted between rear-facing with an
internal harness and forward-facing with an
internal harness; and
(ii) commonly referred to as ``3-in-1'' or
``all-in-1'' seats.
(6) Test dummy.--The term ``test dummy'' means an
anthropomorphic test dummy as such term is used in section
571.213 of title 49, Code of Federal Regulations (as in effect
on the date of the enactment of this section).
(7) Tether system.--The term ``tether system'' means a
system utilizing a tether anchorage, tether strap, and tether
hook (as such terms are defined in section 571.225 of tile 49,
Code of Federal Regulations).
DIVISION G--HIGHWAY TRUST FUND
SEC. 11001. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``October 1, 2021'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1,
2026'', and
(2) by striking ``Continuing Appropriations Act, 2021 and
Other Extensions Act'' in subsections (c)(1) and (e)(3) and
inserting ``INVEST in America Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
such Code is amended--
(1) by striking ``Continuing Appropriations Act, 2021 and
Other Extensions Act'' each place it appears in subsection
(b)(2) and inserting ``INVEST in America Act'', and
(2) by striking ``October 1, 2021'' in subsection (d)(2)
and inserting ``October 1, 2026''.
(c) Leaking Underground Storage Tank Trust Fund.--Section
9508(e)(2) of such Code is amended by striking ``October 1, 2021'' and
inserting ``October 1, 2026''.
SEC. 11002. ADDITIONAL TRANSFERS TO HIGHWAY TRUST FUND.
Section 9503(f) of the Internal Revenue Code of 1986 is amended by
redesignating paragraph (11) as paragraph (12) and by inserting after
paragraph (10) the following new paragraph:
``(11) Additional transfers to trust fund.--Out of money in
the Treasury not otherwise appropriated, there is hereby
appropriated--
``(A) $109,000,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust
Fund, and
``(B) $39,000,000,000 to the Mass Transit Account
in the Highway Trust Fund.''.
DIVISION H--WATER QUALITY PROTECTION AND JOB CREATION ACT OF 2021
SEC. 12001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Water Quality
Protection and Job Creation Act of 2021''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 12001. Short title; table of contents.
Sec. 12002. Wastewater infrastructure workforce investment.
Sec. 12003. Technical assistance to rural, small, and Tribal
municipalities.
Sec. 12004. State management assistance.
Sec. 12005. Watershed, wet weather, and resiliency projects.
Sec. 12006. Waiver of matching requirement for grants to District of
Columbia.
Sec. 12007. Pilot program for alternative water source projects.
Sec. 12008. Sewer overflow and stormwater reuse municipal grants.
Sec. 12009. Grants for the treatment of emerging contaminants.
Sec. 12010. Household wastewater grant program.
Sec. 12011. Smart wastewater infrastructure technology grant program.
Sec. 12012. Reports to Congress.
Sec. 12013. Indian Tribes.
Sec. 12014. Capitalization grants.
Sec. 12015. Water pollution control revolving loan funds.
Sec. 12016. Allotment of funds.
Sec. 12017. Reservation of funds for territories of the United States.
Sec. 12018. Authorization of appropriations.
Sec. 12019. Technical assistance by Municipal Ombudsman.
Sec. 12020. Report on wastewater infrastructure funding for rural,
economically disadvantaged, and Tribal
communities.
Sec. 12021. Water Reuse Interagency Working Group.
Sec. 12022. Disclosure of introductions of PFAS.
Sec. 12023. Clean Water Act effluent limitations guidelines and
standards and water quality criteria for
PFAS.
Sec. 12024. Nonpoint source management programs.
Sec. 12025. Wastewater assistance to colonias.
Sec. 12026. Household well water testing website.
Sec. 12027. Study and report on effect of toilet wipes marketed as
flushable.
Sec. 12028. Effluent limitations for wastewater, spills, and runoff
from facilities associated with the
transport and packaging of pre-production
plastic materials.
Sec. 12029. Centers of Excellence for stormwater control infrastructure
technologies.
Sec. 12030. Management of International Transboundary Water Pollution.
Sec. 12031. California new river restoration.
Sec. 12032. Rulemaking on climate resiliency.
SEC. 12002. WASTEWATER INFRASTRUCTURE WORKFORCE INVESTMENT.
Section 104(g) of the Federal Water Pollution Control Act (33
U.S.C. 1254(g)) is amended--
(1) in paragraph (1), by striking ``manpower'' each place
it appears and inserting ``workforce''; and
(2) by amending paragraph (4) to read as follows:
``(4) Report to congress on publicly owned treatment works
workforce development.--Not later than 2 years after the date
of enactment of the Water Quality Protection and Job Creation
Act of 2021, the Administrator, in consultation with the
Secretary of Labor, shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing--
``(A) an assessment of the current and future
workforce needs for publicly owned treatment works,
including an estimate of the number of future positions
needed for such treatment works and the technical
skills and education needed for such positions;
``(B) a summary of actions taken by the
Administrator, including Federal investments under this
chapter, that promote workforce development to address
such needs; and
``(C) any recommendations of the Administrator to
address such needs.''.
SEC. 12003. TECHNICAL ASSISTANCE TO RURAL, SMALL, AND TRIBAL
MUNICIPALITIES.
(a) Reauthorization.--Section 104(u) of the Federal Water Pollution
Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking ``and (7)'' and inserting ``(7)'';
(2) by striking ``2023'' and inserting ``2021''; and
(3) by inserting ``; and (8) not to exceed $100,000,000 for
each of fiscal years 2022 through 2026 for carrying out
subsections (b)(3), (b)(8), and (g), except that not less than
half of the amounts so appropriated to carry out such
subsections in each such fiscal year shall be used for carrying
out subsection (b)(8)'' before the period at the end.
(b) Communication.--A nonprofit organization receiving a grant
under section 104(b)(8) of the Federal Water Pollution Control Act (33
U.S.C. 1254(b)(8)) shall, prior to carrying out an activity using such
grant funds, consult with the State in which such activity is to be
carried out.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall submit to Congress a report that describes the implementation of
the grants made under subsections (b)(3), (b)(8), and (g) of section
104 of the Federal Water Pollution Control Act (33 U.S.C. 1254) during
the 2 fiscal years preceding the date of the report, including a
description of the recipients and amounts of such grants.
SEC. 12004. STATE MANAGEMENT ASSISTANCE.
(a) Authorization of Appropriations.--Section 106(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1256(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1); and
(2) by inserting after paragraph (2) the following:
``(3) such sums as may be necessary for each of fiscal
years 1991 through 2021; and
``(4) $500,000,000 for each of fiscal years 2022 through
2026;''.
(b) Technical Amendment.--Section 106(e) of the Federal Water
Pollution Control Act (33 U.S.C. 1256(e)) is amended by striking
``Beginning in fiscal year 1974 the'' and inserting ``The''.
SEC. 12005. WATERSHED, WET WEATHER, AND RESILIENCY PROJECTS.
(a) Increased Resilience of Treatment Works.--Section 122(a)(6) of
the Federal Water Pollution Control Act (33 U.S.C. 1274(a)(6)) is
amended to read as follows:
``(6) Increased resilience of treatment works.--Efforts--
``(A) to assess future risks and vulnerabilities of
publicly owned treatment works to manmade or natural
disasters, including extreme weather events, drought,
and sea level rise; and
``(B) to carry out the planning, design, or
construction of projects, on a systemwide or areawide
basis, to increase the resilience of publicly owned
treatment works through--
``(i) the conservation of water or the
enhancement of water use efficiency;
``(ii) the enhancement of wastewater
(including stormwater) management by increasing
watershed preservation and protection,
including through--
``(I) the use of green
infrastructure; or
``(II) the reclamation and reuse of
wastewater (including stormwater), such
as through aquifer recharge zones;
``(iii) the modification or relocation of
an existing publicly owned treatment works at
risk of being significantly impaired or damaged
by a manmade or natural disaster;
``(iv) the enhancement of energy
efficiency, or the use or generation of
recovered or renewable energy, in the
management, treatment, or conveyance of
wastewater (including stormwater); or
``(v) other activities that the
Administrator determines will address
identified vulnerabilities to manmade or
natural disasters, including activities to
address cybersecurity vulnerabilities of
publicly owned treatment works.''.
(b) Requirements; Authorization of Appropriations.--Section 122 of
the Federal Water Pollution Control Act (33 U.S.C. 1274) is amended by
striking subsection (c) and inserting the following:
``(c) Requirements.--The requirements of section 608 shall apply to
any construction, alteration, maintenance, or repair of treatment works
carried out using a grant under this section.
``(d) Assistance.--The Administrator shall use not less than 15
percent of the amounts appropriated pursuant to this section in a
fiscal year to provide assistance to municipalities with a population
of less than 10,000, or for economically disadvantaged communities (as
defined in section 12020 of the Water Quality Protection and Job
Creation Act of 2021), to the extent there are sufficient eligible
applications.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2022 through 2026.''.
(c) Technical and Conforming Amendments.--
(1) Watershed pilot projects.--Section 122 of the Federal
Water Pollution Control Act (33 U.S.C. 1274) is amended--
(A) in the section heading, by striking ``watershed
pilot projects'' and inserting ``watershed, wet
weather, and resiliency projects''; and
(B) by striking ``pilot'' each place it appears.
(2) Water pollution control revolving loan funds.--Section
603(c)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1383(c)(7)) is amended by striking ``watershed''.
SEC. 12006. WAIVER OF MATCHING REQUIREMENT FOR GRANTS TO DISTRICT OF
COLUMBIA.
Section 202(a) of the Federal Water Pollution Control Act (33
U.S.C. 1282(a)) is amended by adding at the end the following:
``(5) Notwithstanding any other provision of this subsection, in
the case of a project for a treatment works in the District of
Columbia, such a project shall be eligible for grants at 100 percent of
the cost of construction thereof.''.
SEC. 12007. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
(a) Selection of Projects.--Section 220(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1300(d)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Limitation on eligibility.--A project that has
received construction funds under the Reclamation Projects
Authorization and Adjustment Act of 1992 shall not be eligible
for grant assistance under this section.''; and
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(b) Committee Resolution Procedure; Assistance.--Section 220 of the
Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by
striking subsection (e) and inserting the following:
``(e) Assistance.--The Administrator shall use not less than 15
percent of the amounts appropriated pursuant to this section in a
fiscal year to provide assistance to eligible entities for projects
designed to serve fewer than 10,000 individuals, to the extent there
are sufficient eligible applications.''.
(c) Requirements.--Section 220 of the Federal Water Pollution
Control Act (33 U.S.C. 1300) is amended by redesignating subsections
(i) and (j) as subsections (j) and (k), respectively, and inserting
after subsection (h) the following:
``(i) Requirements.--The requirements of section 608 shall apply to
any construction of an alternative water source project carried out
using assistance made available under this section.''.
(d) Definitions.--Section 220(j)(1) of the Federal Water Pollution
Control Act (as redesignated by subsection (c) of this section) is
amended by striking ``or by treating wastewater'' and inserting
``(including stormwater), or by treating wastewater (including
stormwater) for groundwater recharge, potable reuse, or other
purposes''.
(e) Authorization of Appropriations.--Section 220(k) of the Federal
Water Pollution Control Act (as redesignated by subsection (c) of this
section) is amended by striking ``a total of $75,000,000 for fiscal
years 2002 through 2004'' and inserting ``$200,000,000 for each of
fiscal years 2022 through 2026''.
SEC. 12008. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended--
(1) in subsection (c), by striking ``subsection (b),'' each
place it appears and inserting ``this section,'';
(2) in subsection (d)--
(A) by striking ``The Federal share'' and inserting
the following:
``(1) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share''; and
(B) by striking ``The non-Federal share'' and
inserting the following:
``(B) Financially distressed communities.--The
Federal share of the cost of activities carried out
using amounts from a grant made to a financially
distressed community under subsection (a) shall be not
less than 75 percent of the cost.
``(2) Non-federal share.--The non-Federal share'';
(3) in subsection (e), by striking ``section 513'' and
inserting ``section 513, or the requirements of section 608,'';
and
(4) in subsection (f)--
(A) in paragraph (1), by inserting ``, and
$400,000,000 for each of fiscal years 2022 through
2026'' before the period at the end; and
(B) by adding at the end the following:
``(3) Assistance.--In carrying out subsection (a), the
Administrator shall ensure that, of the amounts granted to
municipalities in a State, not less than 20 percent is granted
to municipalities with a population of less than 20,000, to the
extent there are sufficient eligible applications.''.
SEC. 12009. GRANTS FOR THE TREATMENT OF EMERGING CONTAMINANTS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. EMERGING CONTAMINANTS.
``(a) In General.--The Administrator shall award grants to owners
of publicly owned treatment works to be used for the implementation of
a pretreatment standard or effluent limitation developed pursuant to
this Act for the introduction into a treatment works, or the discharge
of, any pollutant that is a perfluoroalkyl or polyfluoroalkyl substance
or any pollutant identified by the Administrator as a contaminant of
emerging concern.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2022 through 2026.''.
SEC. 12010. HOUSEHOLD WASTEWATER GRANT PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is further amended by adding at the end the following:
``SEC. 223. HOUSEHOLD WASTEWATER GRANT PROGRAM.
``(a) Establishment.--The Administrator shall establish a program
to provide grants to municipalities or qualified nonprofit entities to
provide assistance to eligible individuals--
``(1) for the construction, repair, or replacement of an
individual household decentralized wastewater treatment system;
``(2) for the construction of a decentralized wastewater
treatment system designed to provide wastewater treatment for 2
or more households in which eligible individuals reside, if--
``(A) such a decentralized wastewater treatment
system could be cost-effectively constructed; and
``(B) site conditions at such households are
unsuitable for the construction of an individual
household decentralized wastewater treatment system; or
``(3) in a case in which an eligible individual resides in
a household that could be cost-effectively connected to an
available publicly owned treatment works, for the connection of
the applicable household to such treatment works.
``(b) Application.--To be eligible to receive a grant under this
subsection, a municipality or qualified nonprofit entity shall submit
to the Administrator an application at such time, in such manner, and
containing such information as the Administrator determines to be
appropriate.
``(c) Priority.--In providing grants under this section, the
Administrator shall, to the maximum extent practicable, prioritize
applications for activities that will assist eligible individuals
residing in households that are not connected to a system or technology
designed to treat domestic sewage, including eligible individuals using
household cesspools.
``(d) Administrative Expenses.--
``(1) In general.--Of the amounts made available under
subsection (i), the Administrator may use not more than 2
percent for administrative costs.
``(2) Individual grants.--A municipality or qualified
nonprofit entity may use grant funds provided under this
section to pay the administrative expenses associated with the
provision of the assistance to eligible individuals under this
section, as the Administrator determines to be appropriate.
``(e) Report.--Not later than 2 years after the date of enactment
of this section, the Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report describing the recipients of grants and assistance under this
section and the results of the program established under this section.
``(f) Rulemaking.--Not later than 180 days after the date of
enactment of this section, the Administrator shall issue a rule
requiring that, with respect to any decentralized wastewater treatment
system constructed pursuant to this section or section 603(c)--
``(1) such system complies with any applicable State and
local requirements;
``(2) such system complies with any applicable American
National Standard approved by the American National Standards
Institute; and
``(3) the design and construction of such system is carried
out by persons or entities licensed and bonded, by the State in
which such system is constructed, to carry out such design and
construction.
``(g) Application of Other Requirements.--The requirements of
sections 513 and 608 shall apply to any project for the construction,
repair, or replacement of a decentralized wastewater treatment system,
or for the connection of a household to a treatment works, for which
assistance is received under this section.
``(h) Definitions.--In this section:
``(1) Eligible individual.--The term `eligible individual'
has the meaning given that term in section 603(j).
``(2) Qualified nonprofit entity.--The term `qualified
nonprofit entity' means an entity determined by the
Administrator to be a qualified nonprofit entity for purposes
of section 603(c)(12).
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section
$100,000,000 for each of fiscal years 2022 through 2026.''.
SEC. 12011. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is further amended by adding at the end the following:
``SEC. 224. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT PROGRAM.
``(a) Grants.--The Administrator shall establish a program to
provide grants to municipalities for projects for the planning, design,
and construction, at publicly owned treatment works, of--
``(1) intelligent sewage or stormwater collection systems,
including such collection systems that incorporate technologies
that rely on--
``(A) real-time monitoring (including through
sensors), embedded intelligence, and predictive
maintenance capabilities that improve the energy
efficiency, reliability, and resiliency of treatment
works; and
``(B) the use of artificial intelligence and other
intelligent optimization tools that reduce operational
costs, including operational costs relating to energy
consumption and chemical treatment; or
``(2) innovative and alternative combined storm and
sanitary sewer projects, including groundwater recharge, that
rely on real-time data acquisition to support predictive
aquifer recharge through water reuse and stormwater management
capabilities.
``(b) Assistance.--The Administrator shall use not less than 20
percent of the amounts appropriated pursuant to this section in a
fiscal year to provide assistance to municipalities with a population
of less than 10,000, to the extent there are sufficient eligible
applications.
``(c) Cost Share.--
``(1) In general.--The non-Federal share of the costs of an
activity carried out using a grant under this section shall be
25 percent.
``(2) Exception.--The Administrator may waive the cost-
sharing requirement of paragraph (1) if the Administrator
determines that the municipality meets the affordability
criteria established under section 603(i)(2) by the State in
which the municipality is located.
``(d) Program Implementation.--
``(1) Guidance.--Not later than 30 days after the date of
enactment of this section, the Administrator shall issue
guidance to municipalities on how to apply for a grant under
this section.
``(2) Decision on applications.--Not later than 30 days
after the date on which the Administrator receives an
application for a grant under this section, the Administrator
shall determine whether to provide such grant.
``(3) Application deficiency.--If the Administrator
determines that an application for a grant under this section
is incomplete, the Administrator shall notify the applicant and
provide the applicant the opportunity to resubmit the
application.
``(4) Consideration.--In determining whether to provide a
grant under this section, the Administrator shall consider the
potential positive effects of the project on water quality.
``(e) Compliance With Buy America.--The requirements of section 608
shall apply to any project for construction for which assistance is
received under this section.
``(f) Report to Congress.--Not later than 180 days after the date
of enactment of this section, and annually thereafter, the
Administrator shall submit to Congress a report describing projects
funded under this section, any related improvement of the resiliency of
publicly owned treatment works, and recommendations to improve the
grant program established under this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $500,000,000 to carry out this section, to remain
available until expended.''.
SEC. 12012. REPORTS TO CONGRESS.
(a) Biennial Estimates.--Section 516(b)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1375(b)(1)) is amended by striking
``(B) a detailed estimate, biennially revised, of the cost of
construction of all needed publicly owned treatment works in all of the
States and of the cost of construction of all needed publicly owned
treatment works in each of the States;'' and inserting ``(B) a detailed
estimate, biennially revised, of the cost of construction of all
planned publicly owned treatment works in all of the States and all
needed publicly owned treatment works in all of the States, and the
cost of construction of all planned publicly owned treatment works in
each of the States and all needed publicly owned treatment works in
each of the States, which estimates shall include (i) the cost of
construction to rehabilitate or upgrade all existing publicly owned
treatment works (excluding any pipe or other device or system for the
conveyance of wastewater), every 20 years, including the costs to
implement measures necessary to address the resilience and
sustainability of publicly owned treatment works to manmade or natural
disasters, and (ii) the cost of construction to replace 10 percent of
existing publicly owned pipes and other devices and systems for the
conveyance of wastewater to such treatment works over the 20-year
period following the date of the estimate;''.
(b) Annual Report on Use of Funds.--Section 516 of the Federal
Water Pollution Control Act (33 U.S.C. 1375) is amended by adding at
the end the following:
``(f) Annual Report on Use of Funds.--Not later than 18 months
after the date of enactment of this subsection, and annually
thereafter, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
that--
``(1) identifies projects that are--
``(A) described in clause (i) or (ii) of section
602(b)(15)(A); and
``(B) carried out using funds made available under
or pursuant to section 221 or title VI;
``(2) identifies, to the extent practicable, the costs and
benefits of such projects, including any potential short- and
long-term cost savings to publicly owned treatment works and
any environmental and community benefits of implementing such
projects; and
``(3) identifies--
``(A) the locations in which such projects are
carried out;
``(B) estimated energy savings for such projects;
``(C) projects that address green infrastructure,
water or energy efficiency improvements, or other
environmentally innovative activities; and
``(D) with respect to projects carried out using
funds made available under or pursuant to section 603,
whether such projects are funded under subsection (d)
or subsection (i) of such section.''.
SEC. 12013. INDIAN TRIBES.
(a) In General.--Section 518(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1377(c)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--For each fiscal year, the Administrator
shall reserve, of the funds made available to carry out title
VI (before allotments to the States under section 604(a)), the
greater of--
``(A) 2 percent of such funds; or
``(B) $30,000,000.
``(2) Use of funds.--
``(A) Grants.--Funds reserved under this subsection
shall be available only for grants to entities
described in paragraph (3) for--
``(i) projects and activities eligible for
assistance under section 603(c); and
``(ii) training, technical assistance, and
educational programs relating to the operation
and management of treatment works eligible for
assistance pursuant to section 603(c).
``(B) Limitation.--Not more than $2,000,000 of such
reserved funds may be used for grants under
subparagraph (A)(ii).''; and
(2) in paragraph (3)--
(A) in the header, by striking ``Use of funds'' and
inserting ``Eligible entities''; and
(B) by striking ``for projects and activities
eligible for assistance under section 603(c) to serve''
and inserting ``to''.
(b) Additional Assistance.--
(1) Authorization of appropriations.--In addition to
amounts otherwise made available under title VI of the Federal
Water Pollution Control Act (33 U.S.C. 1381 et seq.), there is
authorized to be appropriated $500,000,000 for each of fiscal
years 2022 through 2026 to make grants, in cooperation with the
Director of the Indian Health Service, to entities described in
section 518(c)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1377) for--
(A) projects and activities eligible for assistance
under section 603(c) of such Act (33 U.S.C. 1383); and
(B) training, technical assistance, and educational
programs related to the operation and management of
treatment works eligible for assistance pursuant to
such section 603(c).
(2) No matching requirement.--The Administrator may not
require an entity receiving a grant under paragraph (1) to
provide, as a condition of receiving such grant, a share of the
cost of the project or activity for which such grant was made.
(3) Limitation.--Not more than $2,000,000 of amounts made
available in a fiscal year to carry out this subsection may be
used for grants under paragraph (1)(B).
(4) Application of other requirements.--The requirements of
sections 513 and 608 of the Federal Water Pollution Control Act
(33 U.S.C. 1372, 1388) shall apply to any project for the
construction, alteration, maintenance, or repair of treatment
works for which a grant is received under paragraph (1).
(c) Indian Health Service Sanitation Facilities Construction
Program Funding.--
(1) Findings.--Congress finds that--
(A) the COVID-19 crisis has highlighted the lack of
infrastructure and sanitation available in Native
communities; and
(B) addressing the Sanitation Facilities Deficiency
List of the Division of Sanitation Facilities and
Construction of the Indian Health Service included in
the report will--
(i) result in investments in necessary
water infrastructure; and
(ii) improve health outcomes.
(2) Definitions.--In this subsection:
(A) Report.--The term ``report'' means the fiscal
year 2019 report of the Division of Sanitation
Facilities and Construction of the Indian Health
Service entitled ``Annual Report to the Congress of the
United States on Sanitation Deficiency Levels for
Indian Homes and Communities''.
(B) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services, acting through
the Director of the Indian Health Service.
(3) Additional funding for sanitation facilities.--
(A) In general.--The Secretary shall award
additional funding under the Sanitation Facilities
Construction Program for the planning, design,
construction, modernization, improvement, and
renovation of water, sewer, and solid waste sanitation
facilities that are funded, in whole or part, by the
Indian Health Service through, or provided for in, a
contract or compact with the Indian Health Service
under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.).
(B) Priority for funding.--In awarding funding to
sanitation facilities under subparagraph (A), the
Secretary shall prioritize sanitation facilities with
the highest deficiency level, as established in the
report.
(4) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the Secretary to carry out this
subsection $2,600,000,000.
(B) Requirement.--Amounts made available under
subparagraph (A) shall be in addition to any amounts
made available to carry out the purposes described in
paragraph (3)(A) under any other provision of law.
SEC. 12014. CAPITALIZATION GRANTS.
(a) Specific Requirements.--Section 602(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1382(b)) is amended--
(1) in paragraph (13)(B)--
(A) in the matter preceding clause (i), by striking
``and energy conservation'' and inserting ``and
efficient energy use (including through the
implementation of technologies to recover and reuse
energy produced in the treatment of wastewater)''; and
(B) in clause (iii), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(15) to the extent there are sufficient projects or
activities eligible for assistance from the fund, with respect
to funds for capitalization grants received by the State under
this title and section 205(m)--
``(A) the State will use--
``(i) not less than 15 percent of such
funds for green infrastructure, water or energy
efficiency improvements, or other
environmentally innovative activities; and
``(ii) not less than 5 percent of such
funds for projects to increase the resiliency
of treatment works to extreme weather events,
drought, sea level rise, or other impacts of
climate change; and
``(B) the State will use not less than a total of
20 percent of such funds for projects described in
subparagraph (A).''.
(b) Corrosion Control.--Section 602 of the Federal Water Pollution
Control Act (33 U.S.C. 1382) is amended by adding at the end the
following:
``(c) Corrosion Control.--
``(1) In general.--To the greatest extent practicable, the
Administrator shall encourage the incorporation of corrosion
prevention activities in projects and activities carried out
using financial assistance provided under or pursuant to this
title.
``(2) Activities.--In carrying out paragraph (1), the
Administrator, to the greatest extent practicable, shall ensure
that any recipient of financial assistance under or pursuant to
this title--
``(A) carries out any project or activity using
such assistance using, as applicable--
``(i) best practices to carry out corrosion
prevention activities in the field;
``(ii) industry-recognized standards and
corrosion mitigation and prevention methods
when--
``(I) determining protective
coatings;
``(II) selecting materials; and
``(III) determining methods of
cathodic protection, design, and
engineering for corrosion prevention;
``(iii) certified coating application
specialists and cathodic protection technicians
and engineers; and
``(iv) best practices in environmental
protection to prevent environmental degradation
and to ensure proper handling of all hazardous
materials; and
``(B) demonstrates, as applicable--
``(i) a history of employing industry-
certified inspectors to ensure adherence to
best practices and standards; and
``(ii) a history of compliance with
applicable requirements of the Occupational
Safety and Health Administration.
``(3) Corrosion prevention activities defined.--In this
subsection, the term `corrosion prevention activities' means--
``(A) the application and inspection of protective
coatings for complex work involving steel and
cementitious structures, including structures that will
be exposed in immersion;
``(B) the installation, testing, and inspection of
cathodic protection systems; and
``(C) any other activities related to corrosion
prevention the Administrator determines appropriate.''.
SEC. 12015. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended--
(1) in subsection (c)(10), by inserting ``, including
measures to identify and address cybersecurity vulnerabilities
of such treatment works'' before the semicolon; and
(2) in subsection (i)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``, including forgiveness of
principal and negative interest loans'' and
inserting ``(including in the form of
forgiveness of principal, negative interest
loans, or grants)''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``in assistance''; and
(II) in clause (ii)(III), by
striking ``to such ratepayers'' and
inserting ``to help such ratepayers
maintain access to wastewater
(including stormwater) treatment
services''; and
(B) by amending paragraph (3) to read as follows:
``(3) Subsidization amounts.--
``(A) In general.--A State may use for providing
additional subsidization in a fiscal year under this
subsection an amount that does not exceed the greater
of--
``(i) 50 percent of the total amount
received by the State in capitalization grants
under this title for the fiscal year; or
``(ii) the annual average over the previous
10 fiscal years of the amounts deposited by the
State in the State water pollution control
revolving fund from State moneys that exceed
the amounts required to be so deposited under
section 602(b)(2).
``(B) Minimum.--To the extent there are sufficient
applications for additional subsidization under this
subsection that meet the criteria under paragraph
(1)(A), a State shall use for providing additional
subsidization in a fiscal year under this subsection an
amount that is not less than 20 percent of the total
amount received by the State in capitalization grants
under this title for the fiscal year.''.
SEC. 12016. ALLOTMENT OF FUNDS.
(a) Formula.--Section 604(a) of the Federal Water Pollution Control
Act (33 U.S.C. 1384(a)) is amended by striking ``each of fiscal years
1989 and 1990'' and inserting ``each fiscal year''.
(b) Wastewater Infrastructure Workforce Development.--Section 604
of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended
by adding at the end the following:
``(d) Wastewater Infrastructure Workforce Development.--Each fiscal
year, a State may reserve up to 1 percent of the sums allotted to the
State under this section for the fiscal year to carry out workforce
development, training, and retraining activities described in section
104(g).''.
(c) Needs Survey.--Section 604 of the Federal Water Pollution
Control Act (33 U.S.C. 1384) is further amended by adding at the end
the following:
``(e) Needs Survey.--Each fiscal year, a State may reserve up to
0.5 percent of the sums allotted to the State under this section for
the fiscal year to carry out activities under section 516(b)(1)(B).''.
(d) Funds Allotted to Puerto Rico.--Section 604 of the Federal
Water Pollution Control Act (33 U.S.C. 1384) is further amended by
adding at the end the following:
``(f) Funds Allotted to Puerto Rico.--Notwithstanding any other
provision of law, no funds allotted to the Commonwealth of Puerto Rico
under this section may be counted as income or an asset of the owner or
operator of a publicly owned treatment works receiving such funds, or
be used, set aside, or otherwise made available for the purposes of
payment of debt restructuring under the Puerto Rico Oversight,
Management, and Economic Stability Act (48 U.S.C. 2101 et seq.) by the
Puerto Rico Financial Oversight and Management Board.''.
SEC. 12017. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) is amended by striking section 607 and inserting the
following:
``SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.
``(a) In General.--
``(1) Reservation.--For each fiscal year, the Administrator
shall reserve 1.5 percent of available funds, as determined
under paragraph (2).
``(2) Available funds.--For purposes of paragraph (1), the
amount of available funds for a fiscal year is--
``(A) the amount of funds made available to carry
out this title for the fiscal year (before allotments
to the States under section 604(a)); less
``(B) the amount of any funds reserved under
section 518(c) for the fiscal year.
``(b) Use of Funds.--Funds reserved under this section shall be
available only for grants to American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the Virgin Islands for projects and
activities eligible for assistance under section 603(c).
``(c) Limitation.--American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands may not receive funds
allotted under section 604(a).''.
SEC. 12018. AUTHORIZATION OF APPROPRIATIONS.
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) is amended by adding at the end the following:
``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
the following sums:
``(1) $8,000,000,000 for fiscal year 2022.
``(2) $8,000,000,000 for fiscal year 2023.
``(3) $8,000,000,000 for fiscal year 2024.
``(4) $8,000,000,000 for fiscal year 2025.
``(5) $8,000,000,000 for fiscal year 2026.''.
SEC. 12019. TECHNICAL ASSISTANCE BY MUNICIPAL OMBUDSMAN.
Section 4(b)(1) of the Water Infrastructure Improvement Act (42
U.S.C. 4370j(b)(1)) is amended to read as follows:
``(1) technical and planning assistance to support
municipalities, including municipalities that are rural, small,
economically disadvantaged, or Tribal communities, in achieving
and maintaining compliance with enforceable deadlines, goals,
and requirements of the Federal Water Pollution Control Act;
and''.
SEC. 12020. REPORT ON WASTEWATER INFRASTRUCTURE FUNDING FOR RURAL,
ECONOMICALLY DISADVANTAGED, AND TRIBAL COMMUNITIES.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall initiate a study on the distribution of wastewater infrastructure
funds to rural communities, economically disadvantaged communities, and
Tribal communities during the 20 fiscal years preceding the date of
enactment of this Act.
(b) Requirements.--In carrying out the study under this section,
the Administrator shall--
(1) consult with other Federal agencies, State, local, and
Tribal governments, owners and operators of publicly owned
treatment works, and stakeholder organizations, including
organizations with experience in investigating or addressing
the wastewater infrastructure needs of rural communities,
economically disadvantaged communities, and Tribal communities;
(2) undertake at least one public meeting in a rural
community, in an economically disadvantaged community, and in a
Tribal community, to receive testimony from the public;
(3) examine whether the distribution of wastewater
infrastructure funds during the period covered by the study has
been in accordance with any applicable executive order or
policy regarding environmental justice;
(4) examine how wastewater infrastructure funds have been
distributed with respect to the identified needs of rural
communities, economically disadvantaged communities, and Tribal
communities, and whether such funds have addressed the needs of
such communities equitably when compared to how such funds have
been distributed with respect to the identified needs of
communities that are not rural, economically disadvantaged, or
Tribal;
(5) document the harm and injury caused by any identified
inequities in the distribution of wastewater infrastructure
funds with respect to the identified needs of rural
communities, economically disadvantaged communities, and Tribal
communities; and
(6) consider any additional factors that the Administrator
determines necessary or appropriate to determine whether rural
communities, economically disadvantaged communities, and Tribal
communities have equitable access to wastewater infrastructure
funds to comply with applicable requirements of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to Congress a
report describing--
(1) the results of the study carried out under this
section; and
(2) any recommendations to Congress, or to State, local,
and Tribal governments, to ensure that rural communities,
economically disadvantaged communities, and Tribal communities
can equitably access wastewater infrastructure funds in amounts
sufficient to address local wastewater infrastructure needs and
local water quality challenges.
(d) Definitions.--In this section:
(1) Economically disadvantaged community.--The term
``economically disadvantaged community'' means--
(A) a municipality that meets the affordability
criteria of a State established under section 603(i)(2)
of the Federal Water Pollution Control Act (33 U.S.C.
1383(i)(2));
(B) a community with respect to which a
municipality can demonstrate that households in the
community experience significant economic hardship
related to wastewater infrastructure; or
(C) a community that is located in an area that
meets the criteria described in paragraph (1) or (2) of
section 301(a) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161(a)).
(2) Municipality; treatment works.--The terms
``municipality'' and ``treatment works'' have the meanings
given those terms in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362).
(3) Wastewater infrastructure funds.--The term ``wastewater
infrastructure funds'' means funds made available for projects
or activities under or pursuant to--
(A) title VI of the Federal Water Pollution Control
Act (33 U.S.C. 1381 et seq.);
(B) section 122 of the Federal Water Pollution
Control Act (33 U.S.C. 1274);
(C) section 220 of the Federal Water Pollution
Control Act (33 U.S.C. 1300); and
(D) section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301).
SEC. 12021. WATER REUSE INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a Water Reuse
Interagency Working Group to develop and coordinate actions, tools, and
resources to encourage water reuse across the United States, including
through the implementation of the National Water Reuse Action Plan,
consistent with the mission of each Federal agency that is a member of
the working group.
(b) Chairperson; Membership.--The working group shall be--
(1) chaired by the Administrator; and
(2) comprised of senior representatives from any Federal
agency the Administrator determines to be appropriate.
(c) Duties of the Working Group.--The working group shall--
(1) annually review the National Water Reuse Action Plan
and, as necessary, update such plan;
(2) encourage the consideration of water reuse as part of
integrated water resources management and planning;
(3) conduct, and submit to Congress and make public, an
assessment of opportunities to encourage water reuse and
actions necessary to pursue such opportunities;
(4) seek to coordinate Federal programs and policies to
encourage water reuse;
(5) consider how each Federal agency that is a member of
the working group can explore and identify opportunities to
encourage water reuse through the programs and activities of
each such Federal agency; and
(6) consult, on a regular basis, with representatives of
the water reuse industry, research community, and
nongovernmental organizations.
(d) Report.--Not less frequently than once every 2 years, the
Administrator shall submit to Congress a report on the activities and
findings of the working group.
(e) Sunset.--The working group shall terminate on the date that is
6 years after the date of enactment of this Act.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) National water reuse action plan.--The term ``National
Water Reuse Action Plan'' means the document published by the
Administrator entitled ``National Water Reuse Action Plan:
Collaborative Implementation (Version 1)'', dated February
2020, and noticed in the Federal Register on March 3, 2020 (85
Fed. Reg. 12552), as updated pursuant to this section.
(3) Working group.--The term ``working group'' means the
Water Reuse Interagency Working Group established under this
section.
SEC. 12022. DISCLOSURE OF INTRODUCTIONS OF PFAS.
(a) In General.--The introduction of any perfluoroalkyl or
polyfluoroalkyl substance by the owner or operator of an industrial
source shall be unlawful unless such owner or operator first notifies
the owner or operator of the applicable treatment works of--
(1) the identity and quantity of such substance;
(2) whether such substance is susceptible to treatment by
such treatment works; and
(3) whether such substance would interfere with the
operation of the treatment works.
(b) Violations.--A violation of this section shall be treated in
the same manner as a violation of a regulation promulgated under
subsection 307(b) of the Federal Water Pollution Control Act (33 U.S.C.
1317(b)).
(c) Definitions.--In this section:
(1) Introduction.--The term ``introduction'' means the
introduction of pollutants into treatment works, as described
in section 307(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1317).
(2) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
SEC. 12023. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES AND
STANDARDS AND WATER QUALITY CRITERIA FOR PFAS.
(a) Deadlines.--
(1) Water quality criteria.--Not later than 3 years after
the date of enactment of this section, the Administrator shall
publish in the Federal Register human health water quality
criteria under section 304(a)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1314) for each measurable perfluoroalkyl
substance, polyfluoroalkyl substance, and class of such
substances.
(2) Effluent limitations guidelines and standards for
priority industry categories.--As soon as practicable, but not
later than 4 years after the date of enactment of this section,
the Administrator shall publish in the Federal Register a final
rule establishing, for each priority industry category,
effluent limitations guidelines and standards, in accordance
with the Federal Water Pollution Control Act, for the discharge
(including a discharge into a publicly owned treatment works)
of each measurable perfluoroalkyl substance, polyfluoroalkyl
substance, and class of such substances.
(b) Notification.--The Administrator shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate of each
publication made under this section.
(c) Implementation Assistance for Publicly Owned Treatment Works.--
(1) In general.--The Administrator shall award grants to
owners and operators of publicly owned treatment works, to be
used to implement effluent limitations guidelines and standards
developed by the Administrator for a perfluoroalkyl substance,
polyfluoroalkyl substance, or class of such substances.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $200,000,000 for each of fiscal years 2022 through
2026, to remain available until expended.
(d) No Increased Bonding Authority.--Amounts awarded to an owner or
operator of a publicly owned treatment works under this section may not
be used as a source of payment of, or security for (directly or
indirectly), in whole or in part, any obligation the interest on which
is exempt from the tax imposed under chapter 1 of the Internal Revenue
Code of 1986.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Effluent limitation.--The term ``effluent limitation''
has the meaning given that term in section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362).
(3) Measurable.--The term ``measurable'' means, with
respect to a chemical substance or class of chemical
substances, capable of being measured using test procedures
established under section 304(h) of the Federal Water Pollution
Control Act (33 U.S.C. 1314).
(4) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a chemical of which all of the carbon atoms
are fully fluorinated carbon atoms.
(5) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a chemical containing at least one fully
fluorinated carbon atom and at least one carbon atom that is
not a fully fluorinated carbon atom.
(6) Priority industry category.--The term ``priority
industry category'' means the following point source
categories:
(A) Organic chemicals, plastics, and synthetic
fibers, as identified in part 414 of title 40, Code of
Federal Regulations (or successor regulations).
(B) Pulp, paper, and paperboard, as identified in
part 430 of title 40, Code of Federal Regulations (or
successor regulations).
(C) Textile mills, as identified in part 410 of
title 40, Code of Federal Regulations (or successor
regulations).
(D) Electroplating, as identified in part 413 of
title 40, Code of Federal Regulations (or successor
regulations).
(E) Metal finishing, as identified in part 433 of
title 40, Code of Federal Regulations (or successor
regulations).
(F) Leather tanning and finishing, as identified in
part 425 of title 40, Code of Federal Regulations (or
successor regulations).
(G) Paint formulating, as identified in part 446 of
title 40, Code of Federal Regulations (or successor
regulations).
(H) Electrical and electronic components, as
identified in part 469 of title 40, Code of Federal
Regulations (or successor regulations).
(I) Plastics molding and forming, as identified in
part 463 of title 40, Code of Federal Regulations (or
successor regulations).
(7) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
SEC. 12024. NONPOINT SOURCE MANAGEMENT PROGRAMS.
Section 319(j) of the Federal Water Pollution Control Act (33
U.S.C. 1329(j)) is amended by striking ``subsections (h) and (i) not to
exceed'' and all that follows through ``fiscal year 1991'' and
inserting ``subsections (h) and (i) $200,000,000 for each of fiscal
years 2022 through 2026''.
SEC. 12025. WASTEWATER ASSISTANCE TO COLONIAS.
Section 307 of the Safe Drinking Water Act Amendments of 1996 (33
U.S.C. 1281 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Covered entity.--The term `covered entity' means each
of the following:
``(A) A border State.
``(B) A local government with jurisdiction over an
eligible community.'';
(2) in subsection (b), by striking ``border State'' and
inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed 50
percent'' and inserting ``may not be less than 80 percent'';
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting
``2022 through 2026''.
SEC. 12026. HOUSEHOLD WELL WATER TESTING WEBSITE.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall establish a website containing information
relating to the testing of household well water.
(b) Contents.--The Administrator shall include on the website
established under subsection (a) the following:
(1) Information on how to get drinking water tested for a
home served by an individual private well.
(2) A list of laboratories that analyze water samples and
are certified by a State or the Administrator.
(3) State-specific information, developed in coordination
with each State, on naturally occurring and human-induced
contaminants.
(4) Information that, using accepted risk communication
techniques, clearly communicates whether a test result value
exceeds a level determined by the Administrator or the State to
pose a health risk.
(5) Information on treatment options, including information
relating to water treatment systems certified by the National
Sanitation Foundation, Underwriters Laboratories, and the Water
Quality Association.
(6) A directory of whom to contact to report a test result
value that exceeds a level determined by the Administrator or
the State to pose a health risk.
(7) Information on financial assistance that is available
for homeowners to support water treatment, including grants
under section 306E of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926e) and State resources.
(8) Any other information the Administrator considers
appropriate.
(c) Coordination.--The Administrator shall coordinate with the
Secretary of Health and Human Services, the Secretary of Agriculture,
and appropriate State agencies in carrying out this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 2022.
SEC. 12027. STUDY AND REPORT ON EFFECT OF TOILET WIPES MARKETED AS
FLUSHABLE.
(a) In General.--The Administrator of the Environmental Protection
Agency shall conduct a study on the effect of toilet wipes marketed as
flushable on municipal water systems and residential plumbing systems.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to Congress a report on the
study conducted under subsection (a).
SEC. 12028. EFFLUENT LIMITATIONS FOR WASTEWATER, SPILLS, AND RUNOFF
FROM FACILITIES ASSOCIATED WITH THE TRANSPORT AND
PACKAGING OF PRE-PRODUCTION PLASTIC MATERIALS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall issue such regulations as are necessary to
ensure that--
(1) the discharge of plastic pellets or other pre-
production plastic materials (including discharge into
wastewater and other runoff) from facilities regulated under
part 414 or 463 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act), is prohibited;
(2) the discharge of plastic pellets or other pre-
production plastic materials (including discharge into
wastewater and other runoff) from a point source associated
with the making, use, packaging, or transportation of such
plastic pellets and other pre-production plastic materials is
prohibited; and
(3) the requirements under paragraphs (1) and (2) are
reflected in--
(A) permits issued under section 402 of the Federal
Water Pollution Control Act (33 U.S.C. 1342) to
facilities or other point sources that make, use,
package, or transport plastic pellets or other pre-
production plastic materials, as determined by the
Administrator, in addition to other applicable limits
and standards; and
(B) all standards of performance promulgated under
section 312(p) of the Federal Water Pollution Control
Act (33 U.S.C. 1322(p)) that are applicable to point
sources associated with the making, use, packaging, or
transportation of plastic pellets or other pre-
production plastic materials, as determined by the
Administrator.
(b) Definition.--In this section, the term ``point source'' has the
meaning given such term in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362).
SEC. 12029. CENTERS OF EXCELLENCE FOR STORMWATER CONTROL INFRASTRUCTURE
TECHNOLOGIES.
(a) Establishment.--
(1) In general.--Subject to the availability of
appropriations, the Administrator of the Environmental
Protection Agency shall provide grants, on a competitive basis,
to eligible institutions to establish not more than 5 centers
of excellence for new and emerging stormwater control
infrastructure technologies, to be located in different
geographic regions of the United States.
(2) General operation.--Each center of excellence
established with a grant provided under this section shall--
(A) conduct research on new and emerging stormwater
control infrastructure technologies that are relevant
to the geographical region in which the center of
excellence is located to improve the effectiveness,
cost efficiency, and protection of public health,
public safety, and water quality, including research
on--
(i) stormwater and sewer overflow
reduction; and
(ii) other approaches to achieve water
resource enhancement and other environmental,
economic, and social benefits;
(B) maintain a list of--
(i) stormwater control infrastructure needs
in the region in which the center of excellence
is located; and
(ii) available new and emerging stormwater
control infrastructure technologies;
(C) analyze the usefulness of additional financial
programs for the implementation of new and emerging
stormwater control infrastructure technologies;
(D) share the results of research conducted under
subparagraph (A) with the Federal Government, State,
Tribal, and local governments, and the private sector;
(E) provide technical assistance to State, Tribal,
and local governments to assist with the design,
construction, operation, and maintenance of stormwater
control infrastructure projects that use innovative
technologies;
(F) collaborate with institutions of higher
education and private and public organizations,
including community-based public-private partnerships
and other stakeholders, in the geographical region in
which the center of excellence is located; and
(G) coordinate with the other centers of excellence
to avoid duplication of efforts.
(3) Application.--To be eligible to receive a grant under
this section, an eligible institution shall prepare and submit
to the Administrator an application at such time, in such form,
and containing such information as the Administrator may
require.
(b) National Electronic Clearinghouse Center.--Of the centers of
excellence established under subsection (a), the Administrator shall
designate 1 center of excellence as the ``National Electronic
Clearinghouse Center'' to--
(1) develop, operate, and maintain public database and a
website that contains information relating to new and emerging
stormwater control infrastructure technologies; and
(2) publish on such website information from each of the
centers of excellence established under this section.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years 2022
through 2026.
(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used for administrative costs.
(d) Definition.--In this section, the term ``eligible institution''
means an institution of higher education, a research institution, or a
nonprofit organization--
(1) that has demonstrated excellence in researching and
developing new and emerging stormwater control infrastructure
technologies; and
(2) with respect to a nonprofit organization, the core
mission of which includes water management, as determined by
the Administrator.
SEC. 12030. MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER POLLUTION.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Commission.--The term ``Commission'' means the United
States section of the International Boundary and Water
Commission.
(3) Covered funds.--The term ``covered funds'' means
amounts made available to the Administrator under the heading
``Environmental Protection Agency--State and Tribal Assistance
Grants'' under title IX of the United States-Mexico-Canada
Agreement Implementation Act (Public Law 116-113).
(4) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(5) U.S.-mexico border region.--The term ``U.S.-Mexico
border region'' means any area in the United States that is
located within 100 kilometers of the United States-Mexico
border.
(b) Grants.--The Administrator may, using covered funds, provide to
the Commission grants for projects for treatment works for the U.S.-
Mexico border region that--
(1) protect residents within the U.S.-Mexico border region
from pollution resulting from--
(A) transboundary flows of wastewater (including
stormwater) or other international transboundary water
flows originating in Mexico; and
(B) any inadequacies or breakdowns of treatment
works in Mexico; and
(2) provide treatment of such flows in compliance with
local, State, and Federal law.
(c) Use of Funds.--The Commission may use funds received under this
section to plan, study, design, and construct treatment works in
accordance with this section, and carry out any related activities.
(d) Consultation and Coordination.--The Commission shall consult
and coordinate with the Administrator in carrying out any project using
funds received under this section.
(e) Application of Other Requirements.--The requirements of
sections 513 and 608 of the Federal Water Pollution Control Act (33
U.S.C. 1372, 1388) shall apply to the construction of any treatment
works in the United States for which the Commission receives funds
under this section.
SEC. 12031. CALIFORNIA NEW RIVER RESTORATION.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Mexican.--The term ``Mexican'' refers to the Federal,
State, and local governments of the United Mexican States.
(3) New river.--The term ``New River'' means that portion
of the New River, California, that flows north within the
United States from the border of Mexico through Calexico,
California, passes through the Imperial Valley, and drains into
the Salton Sea.
(4) Program.--The term ``program'' means the California New
River restoration program established under subsection (b).
(5) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife to preserve and
improve ecosystems and ecological processes on which they
depend.
(b) California New River Restoration Program Establishment.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a
program to be known as the ``California New River restoration
program''.
(2) Duties.--In carrying out the program, the Administrator
shall--
(A) implement projects, plans, and initiatives for
the restoration and protection of the New River that
are supported by the California-Mexico Border Relations
Council, in consultation with applicable management
entities, including representatives of the Calexico New
River Committee, the California-Mexico Border Relations
Council, the New River Improvement Project Technical
Advisory Committee, the Federal Government, State and
local governments, and regional and nonprofit
organizations;
(B) undertake activities that--
(i) support the implementation of a shared
set of science-based restoration and protection
activities identified in accordance with
subparagraph (A);
(ii) target cost-effective projects with
measurable results; and
(iii) maximize conservation outcomes with
no net gain of Federal full-time equivalent
employees; and
(C) provide grants and technical assistance in
accordance with subsection (c).
(3) Coordination.--In establishing the program, the
Administrator shall consult, as appropriate, with--
(A) the heads of Federal agencies, including--
(i) the Secretary of the Interior;
(ii) the Secretary of Agriculture;
(iii) the Secretary of Homeland Security;
(iv) the Administrator of General Services;
(v) the Commissioner of U.S. Customs and
Border Protection;
(vi) the Commissioner of the International
Boundary Water Commission; and
(vii) the head of any other applicable
agency;
(B) the Governor of California;
(C) the California Environmental Protection Agency;
(D) the California State Water Resources Control
Board;
(E) the California Department of Water Resources;
(F) the Colorado River Basin Regional Water Quality
Control Board;
(G) the Imperial Irrigation District; and
(H) other public agencies and organizations with
authority for the planning and implementation of
conservation strategies relating to the New River.
(4) Purposes.--The purposes of the program include--
(A) coordinating restoration and protection
activities, among Mexican, Federal, State, local, and
regional entities and conservation partners, relating
to the New River; and
(B) carrying out coordinated restoration and
protection activities, and providing for technical
assistance relating to the New River--
(i) to sustain and enhance fish and
wildlife habitat restoration and protection
activities;
(ii) to improve and maintain water quality
to support fish and wildlife, as well as the
habitats of fish and wildlife;
(iii) to sustain and enhance water
management for volume and flood damage
mitigation improvements to benefit fish and
wildlife habitat;
(iv) to improve opportunities for public
access to, and recreation in and along, the New
River consistent with the ecological needs of
fish and wildlife habitat;
(v) to maximize the resilience of natural
systems and habitats under changing watershed
conditions;
(vi) to engage the public through outreach,
education, and citizen involvement, to increase
capacity and support for coordinated
restoration and protection activities relating
to the New River;
(vii) to increase scientific capacity to
support the planning, monitoring, and research
activities necessary to carry out coordinated
restoration and protection activities; and
(viii) to provide technical assistance to
carry out restoration and protection activities
relating to the New River.
(c) Grants and Assistance.--
(1) In general.--In carrying out the program, the
Administrator shall provide grants and technical assistance to
State and local governments, nonprofit organizations, and
institutions of higher education, to carry out the purposes of
the program.
(2) Criteria.--The Administrator, in consultation with the
organizations described in subsection (b)(3), shall develop
criteria for providing grants and technical assistance under
this subsection to ensure that such activities accomplish one
or more of the purposes identified in subsection (b)(4)(B).
(3) Cost sharing.--
(A) Federal share.--The Federal share of the cost
of a project for which a grant is provided under this
subsection shall not exceed 55 percent of the total
cost of the activity, as determined by the
Administrator.
(B) Non-federal share.--The non-Federal share of
the cost of a project for which a grant is provided
under this subsection may be provided in the form of an
in-kind contribution of services or materials that the
Administrator determines are integral to the activity
carried out using assistance authorized by this
section.
(4) Requirements.--Sections 513 and 608 of the Federal
Water Pollution Control Act (33 U.S.C. 1372; 1388) shall apply
to the construction of any project or activity carried out, in
whole or in part, under this section in the same manner those
sections apply to a treatment works for which a grant is made
available under the Federal Water Pollution Control Act.
(5) Administration.--The Administrator may enter into an
agreement to manage the implementation of this subsection with
the North American Development Bank or a similar organization
that offers grant management services.
(d) Annual Reports.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Administrator shall
submit to Congress a report on the implementation of this section,
including a description of each project that has received funding under
this section and the status of all such projects that are in progress
on the date of submission of the report.
SEC. 12032. RULEMAKING ON CLIMATE RESILIENCY.
(a) In General.--Not later than 18 months after the date of
enactment of this section, the Administrator of the Environmental
Protection Agency, after notice and opportunity for public comment,
shall issue such regulations as are necessary to require that an
applicant for wastewater infrastructure funds--
(1) undertake an assessment of the potential impacts of
climate change on the project or activity for which such funds
are sought; and
(2) where appropriate, incorporate measures to avoid,
minimize, or mitigate such potential impacts into the design of
such project or activity.
(b) Considerations.--In issuing regulations under subsection
(a)(1), the Administrator shall consider requiring varying levels of
assessments that reflect the scale or type of the project or activity
for which wastewater infrastructure funds are sought.
(c) Consultation; Technical Assistance.--In carrying out the
rulemaking required under subsection (a), the Administrator shall--
(1) consult with other Federal and State agencies,
municipalities, Tribal governments, owners and operators of
publicly owned treatment works, and other stakeholders with
experience in addressing potential impacts of climate change on
projects and activities eligible for wastewater infrastructure
funds; and
(2) identify entities to provide technical assistance to
applicants for wastewater infrastructure funds to assist such
applicants in incorporating the climate resilience measures
described under subsection (a)(2).
(d) Definitions.--In this section:
(1) Impacts of climate change.--The term ``impacts of
climate change'' includes observed changes to temperature,
precipitation patterns, drought, storms, flooding, and sea
level rise that may adversely impact the continued safe and
reliable operation of a treatment works.
(2) Municipality; state; treatment works.--The terms
``municipality'', ``State'', and ``treatment works'' have the
meaning given such terms in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362).
(3) Wastewater infrastructure funds.--The term ``wastewater
infrastructure funds'' means funds made available for projects
or activities under or pursuant to--
(A) title VI of the Federal Water Pollution Control
Act (33 U.S.C. 1381 et seq.);
(B) section 122 of the Federal Water Pollution
Control Act (33 U.S.C. 1274);
(C) section 220 of the Federal Water Pollution
Control Act (33 U.S.C. 1300); and
(D) section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301).
DIVISION I--ASSISTANCE, QUALITY, AND AFFORDABILITY ACT OF 2021
SEC. 13001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Assistance,
Quality, and Affordability Act of 2021''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 13001. Short title; table of contents.
TITLE I--INFRASTRUCTURE
Sec. 13101. Drinking water system resilience funding.
Sec. 13102. Grants for State programs.
Sec. 13103. American iron and steel products.
Sec. 13104. Assistance for disadvantaged communities.
Sec. 13105. Allotments for territories.
Sec. 13106. Drinking water SRF funding.
Sec. 13107. Lead service line replacement.
Sec. 13108. Drinking water assistance to colonias.
Sec. 13109. PFAS treatment grants.
Sec. 13110. Voluntary school and child care program lead testing grant
program.
Sec. 13111. Grant program for installation of filtration stations at
schools and child care programs.
Sec. 13112. Drinking water fountain replacement for schools.
Sec. 13113. Indian reservation drinking water program.
Sec. 13114. Assistance for areas affected by natural disasters.
Sec. 13115. Water main break data clearinghouse.
TITLE II--SAFETY
Sec. 13201. Enabling EPA to set standards for new drinking water
contaminants.
Sec. 13202. National primary drinking water regulations for PFAS.
Sec. 13203. National primary drinking water regulations for microcystin
toxin.
Sec. 13204. National primary drinking water regulations for 1,4-
dioxane.
Sec. 13205. National primary drinking water regulation for chromium-6.
Sec. 13206. Elimination of small system variances.
TITLE III--AFFORDABILITY
Sec. 13301. Emergency relief program.
Sec. 13302. Low-income drinking water assistance program.
Sec. 13303. Low-income wastewater assistance program.
Sec. 13304. Needs assessment for nationwide rural and urban low-income
community water assistance program.
Sec. 13305. Natural hazard education and response grant program.
TITLE IV--OTHER MATTERS
Sec. 13401. Small urban and rural water system consolidation report.
Sec. 13402. Study on contamination of Coldwater Creek, Missouri.
Sec. 13403. Report on affordability, discrimination and civil rights
violations, and data collection.
Sec. 13404. Water infrastructure and workforce investment.
Sec. 13405. Identification of high-risk locations.
TITLE I--INFRASTRUCTURE
SEC. 13101. DRINKING WATER SYSTEM RESILIENCE FUNDING.
Section 1433(g) of the Safe Drinking Water Act (42 U.S.C. 300i-
2(g)) is amended--
(1) in paragraph (1), by striking ``and 2021'' and
inserting ``through 2031''; and
(2) in paragraph (6)--
(A) by striking ``25,000,000'' and inserting
``50,000,000''; and
(B) by striking ``2020 and 2021'' and inserting
``2022 through 2031''.
SEC. 13102. GRANTS FOR STATE PROGRAMS.
Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-
2(a)(7)) is amended by striking ``and 2021'' and inserting ``through
2031''.
SEC. 13103. AMERICAN IRON AND STEEL PRODUCTS.
Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C.
300j-12(a)(4)(A)) is amended by striking ``During fiscal years 2019
through 2023, funds'' and inserting ``Funds''.
SEC. 13104. ASSISTANCE FOR DISADVANTAGED COMMUNITIES.
Section 1452(d)(2)(A) of the Safe Drinking Water Act (42 U.S.C.
300j-12(d)(2)(A)) is amended by striking ``35 percent'' and inserting
``40 percent''.
SEC. 13105. ALLOTMENTS FOR TERRITORIES.
Section 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(j)) is amended by striking ``0.33 percent'' and inserting ``1.5
percent''.
SEC. 13106. DRINKING WATER SRF FUNDING.
Section 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(m)(1)) is amended--
(1) in subparagraph (B), by striking ``and'';
(2) in subparagraph (C), by striking ``2021.'' and
inserting ``2021;''; and
(3) by adding at the end the following:
``(D) $4,140,000,000 for fiscal year 2022;
``(E) $4,800,000,000 for fiscal year 2023; and
``(F) $5,500,000,000 for each of fiscal years 2024
through 2031.''.
SEC. 13107. LEAD SERVICE LINE REPLACEMENT.
(a) In General.--Section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12) is amended by adding at the end the following:
``(u) Lead Service Line Replacement.--
``(1) In general.--In addition to the capitalization grants
to eligible States under subsection (a)(1), the Administrator
shall offer to enter into agreements with States, Indian
Tribes, and the territories described in subsection (j) to make
grants, including letters of credit, to such States, Indian
Tribes, and territories under this subsection to fund the
replacement of lead service lines.
``(2) Allotments.--
``(A) States.--Funds made available to carry out
this subsection shall be--
``(i) allotted and reallotted to the extent
practicable to States as if allotted or
reallotted under subsection (a)(1) as a
capitalization grant under such subsection; and
``(ii) deposited into the State loan fund
of a State receiving such funds pursuant to an
agreement entered into pursuant to this
subsection.
``(B) Indian tribes.--The Administrator shall set
aside 1\1/2\ percent of the amounts made available each
fiscal year to carry out this subsection to make grants
to Indian Tribes.
``(C) Other areas.--Funds made available to carry
out this subsection shall be allotted to territories
described in subsection (j) in accordance with such
subsection.
``(3) Grants.--Notwithstanding any other provision of this
section, funds made available under this subsection shall be
used only for providing grants for the replacement of lead
service lines.
``(4) Priority.--Each State, Indian Tribe, and territory
that has entered into an agreement pursuant to this subsection
shall annually prepare a plan that identifies the intended uses
of the amounts made available to such State, Indian Tribe, or
territory under this subsection, and any such plan shall--
``(A) not be required to comply with subsection
(b)(3);
``(B) provide, to the maximum extent practicable,
that priority for the use of funds be given to projects
that replace lead service lines serving disadvantaged
communities and environmental justice communities; and
``(C) provide, in addition to subparagraph (B) and
to the maximum extent practicable, that priority for
the use of funds be given to projects that, in carrying
out lead service line replacements, provide job
training, apprenticeships, or other employment
opportunities for low-income persons and very low-
income persons that are located in the area in which
the project is carried out.
``(5) Plan for replacement.--Each State, Indian Tribe, and
territory that has entered into an agreement pursuant to this
subsection shall require each recipient of funds made available
pursuant to this subsection to submit to the State, Indian
Tribe, or territory a plan to replace all lead service lines in
the applicable public water system within 10 years of receiving
such funds.
``(6) American made iron and steel and prevailing wages.--
The requirements of paragraphs (4) and (5) of subsection (a)
shall apply to any project carried out in whole or in part with
funds made available under or pursuant to this subsection.
``(7) Limitation.--
``(A) Prohibition on partial line replacement.--No
funds made available pursuant to this subsection may be
used for partial lead service line replacement if, at
the conclusion of the service line replacement,
drinking water is delivered through a publicly or
privately owned portion of a lead service line.
``(B) No private owner contribution.--Any recipient
of funds made available pursuant to this subsection for
lead service line replacement shall offer to replace
any privately owned portion of any lead service line
with respect to which such funds are used at no cost to
the private owner.
``(8) Disadvantaged community assistance.--All funds made
available pursuant to this subsection to fund the replacement
of lead service lines may be used to replace lead service lines
serving disadvantaged communities.
``(9) State contribution not required.--No agreement
entered into pursuant to paragraph (1) shall require that a
State deposit, at any time, in the applicable State loan fund
from State moneys any contribution in order to receive funds
under this subsection.
``(10) Report.--The Administrator shall annually submit to
Congress a report that provides--
``(A) the number of households for which lead
service lines have been replaced using funds made
available by this subsection;
``(B) the total number of lead service lines that
exist in each State, territory, and area under the
jurisdiction of an Indian Tribe that has entered into
an agreement pursuant to this subsection;
``(C) with respect to each project for such lead
service line replacement, data on job training,
apprenticeships, and other employment opportunities for
persons described in paragraph (4)(C) under such
projects, which shall include the amount of the funding
used to hire such persons for such project; and
``(D) any other data determined by the
Administrator to be useful for purposes of determining
the effect of this subsection with respect to replacing
lead service lines.
``(11) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection
$4,500,000,000 for each of fiscal years 2022 through
2031. Such sums shall remain available until expended.
``(B) Additional amounts.--To the extent amounts
authorized to be appropriated under this subsection in
any fiscal year are not appropriated in that fiscal
year, such amounts are authorized to be appropriated in
a subsequent fiscal year. Such sums shall remain
available until expended.
``(12) Definitions.--For purposes of this subsection:
``(A) Disadvantaged community.--The term
`disadvantaged community' has the meaning given such
term in subsection (d)(3).
``(B) Environmental justice community.--The term
`environmental justice community' means any population
of color, community of color, indigenous community, or
low-income community that experiences a
disproportionate burden of the negative human health
and environmental impacts of pollution or other
environmental hazards.
``(C) Lead service line.--The term `lead service
line' means a pipe and its fittings, which are not lead
free (as defined in section 1417(d)), that connect the
drinking water main to the building inlet.
``(D) Low-income person; very low-income person.--
The terms `low-income person' and `very low-income
person' have the same meanings given the terms `low-
income families' and `very low-income families',
respectively, in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C.14 1437a(b)).''.
(b) Conforming Amendment.--Section 1452(m)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(m)(1)) is amended by striking ``(a)(2)(G)
and (t)'' and inserting ``(a)(2)(G), (t), and (u)''.
SEC. 13108. DRINKING WATER ASSISTANCE TO COLONIAS.
Section 1456 of the Safe Drinking Water Act (42 U.S.C. 300j-16) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Covered entity.--The term `covered entity' means each
of the following:
``(A) A border State.
``(B) A local government with jurisdiction over an
eligible community.'';
(2) in subsection (b), by striking ``border State'' and
inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed 50
percent'' and inserting ``may not be less than 80 percent'';
and
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting
``2022 through 2026''.
SEC. 13109. PFAS TREATMENT GRANTS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following new section:
``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish a program
to award grants to affected community water systems to pay for capital
costs associated with the implementation of eligible treatment
technologies.
``(b) Applications.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the form and timing for community water
systems to apply for grants under this section.
``(2) Required information.--The Administrator shall
require a community water system applying for a grant under
this section to submit--
``(A) information showing the presence of a
perfluoroalkyl or polyfluoroalkyl substance in water of
the community water system; and
``(B) a certification that the treatment technology
in use by the community water system at the time of
application is not sufficient to meet all applicable
standards, and all applicable health advisories
published pursuant to section 1412(b)(1)(F), for
perfluoroalkyl and polyfluoroalkyl substances.
``(c) List of Eligible Treatment Technologies.--Not later than 150
days after the date of enactment of this section, and every 2 years
thereafter, the Administrator shall publish a list of treatment
technologies that the Administrator determines are the most effective
at removing perfluoroalkyl and polyfluoroalkyl substances from drinking
water.
``(d) Priority for Funding.--In awarding grants under this section,
the Administrator shall prioritize an affected community water system
that--
``(1) serves a disadvantaged community;
``(2) will provide at least a 10-percent cost share for the
cost of implementing an eligible treatment technology;
``(3) demonstrates the capacity to maintain the eligible
treatment technology to be implemented using the grant; or
``(4) is located within an area with respect to which the
Administrator has published a determination under the first
sentence of section 1424(e) relating to an aquifer that is the
sole or principal drinking water source for the area.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $500,000,000 for each of the fiscal
years 2022 through 2031.
``(2) Special rule.--Of the amounts authorized to be
appropriated by paragraph (1), $25,000,000 are authorized to be
appropriated for each of fiscal years 2022 and 2023 for grants
under subsection (a) to pay for capital costs associated with
the implementation of eligible treatment technologies during
the period beginning on October 1, 2014, and ending on the date
of enactment of this section.
``(f) Definitions.--In this section:
``(1) Affected community water system.--The term `affected
community water system' means a community water system that is
affected by the presence of a perfluoroalkyl or polyfluoroalkyl
substance in the water in the community water system.
``(2) Disadvantaged community.--The term `disadvantaged
community' has the meaning given that term in section 1452.
``(3) Eligible treatment technology.--The term `eligible
treatment technology' means a treatment technology included on
the list published under subsection (c).''.
SEC. 13110. VOLUNTARY SCHOOL AND CHILD CARE PROGRAM LEAD TESTING GRANT
PROGRAM.
Section 1464(d)(8) of the Safe Drinking Water Act (42 U.S.C. 300j-
24(d)(8)) is amended by striking ``and 2021'' and inserting ``through
2031''.
SEC. 13111. GRANT PROGRAM FOR INSTALLATION OF FILTRATION STATIONS AT
SCHOOLS AND CHILD CARE PROGRAMS.
Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is
amended by adding at the end the following:
``(e) Grant Program for Installation and Maintenance of Filtration
Stations.--
``(1) Program.--The Administrator shall establish a program
to make grants to States to assist local educational agencies
in voluntary installation and maintenance of filtration
stations at schools and child care programs under the
jurisdiction of the local educational agencies.
``(2) Direct grants to local educational agencies.--The
Administrator may make a grant described in paragraph (1)
directly available to--
``(A) any local educational agency described in
clause (i) or (iii) of subsection (d)(1)(B) located in
a State that does not participate in the program
established under paragraph (1); or
``(B) any local educational agency described in
clause (ii) of subsection (d)(1)(B).
``(3) Use of funds.--Grants made under the program
established under this subsection may be used to pay the costs
of--
``(A) installation and maintenance of filtration
stations at schools and child care programs; and
``(B) annual testing of drinking water at such
schools and child care programs following the
installation of filtration stations.
``(4) Priority.--
``(A) In general.--In making grants under the
program established under this subsection, the
Administrator shall give priority to States and local
educational agencies that will assist in voluntary
installation and maintenance of filtration stations at
schools and child care programs that are in low-income
areas, including low-income areas that have a history
of drinking water lead contamination.
``(B) Other priorities.--In making grants under the
program established under this subsection, the
Administrator shall, to the greatest extent feasible,
also give priority to States and local educational
agencies that, in assisting with the installation and
maintenance of filtration stations pursuant to this
subsection, will provide job training, apprenticeships,
or other employment opportunities for low-income
persons and very low-income persons in the area in
which the installation and maintenance takes place.
``(5) Guidance.--Not later than 180 days after the date of
enactment of this subsection, the Administrator shall establish
guidance to carry out the program established under this
subsection.
``(6) No prior testing required.--The program established
under this subsection shall not require testing for lead
contamination in drinking water at schools and child care
programs prior to participation in such program.
``(7) Definitions.--In this subsection:
``(A) Child care program and local educational
agency.--The terms `child care program' and `local
educational agency' have the meaning given such terms
in subsection (d).
``(B) Filtration station.--The term `filtration
station' means an apparatus that--
``(i) is connected to building plumbing;
``(ii) is certified to the latest version
of NSF/ANSI 53 for lead reduction and NSF/ANSI
42 for particulate reduction (Class I) by a
certification body accredited by the American
National Standards Institute National
Accreditation Board;
``(iii) has an indicator to show filter
performance;
``(iv) can fill bottles or containers for
water consumption; and
``(v) allows users to drink directly from a
stream of flowing water.
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $100,000,000
for each of fiscal years 2022 through 2031.''.
SEC. 13112. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.
Section 1465(d) of the Safe Drinking Water Act (42 U.S.C. 300j-
25(d)) is amended by striking ``2021'' and inserting ``2031''.
SEC. 13113. INDIAN RESERVATION DRINKING WATER PROGRAM.
Section 2001(d) of America's Water Infrastructure Act of 2018
(Public Law 115-270) is amended by striking ``2022'' and inserting
``2031''.
SEC. 13114. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.
Section 2020 of America's Water Infrastructure Act of 2018 (Public
Law 115-270) is amended--
(1) in subsection (b)(1), by striking ``subsection (e)(1)''
and inserting ``subsection (f)(1)'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(3) by inserting after subsection (b) the following:
``(c) Assistance for Territories.--The Administrator may use funds
made available under subsection (f)(1) to make grants to Guam, the
Virgin Islands, American Samoa, and the Northern Mariana Islands for
the purposes of providing assistance to eligible systems to restore or
increase compliance with national primary drinking water
regulations.''; and
(4) in subsection (f), as so redesignated--
(A) in the heading, by striking ``State Revolving
Fund Capitalization''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``and to make grants under
subsection (c) of this section,'' before ``to
be available''; and
(ii) in subparagraph (A), by inserting ``or
subsection (c), as applicable'' after
``subsection (b)(1)''.
SEC. 13115. WATER MAIN BREAK DATA CLEARINGHOUSE.
Part B of the Safe Drinking Water Act (42 U.S.C. 300g et seq.) is
amended by adding at the end the following:
``SEC. 1420A. WATER MAIN BREAK DATA CLEARINGHOUSE.
``(a) Online Data Clearinghouse.--
``(1) Establishment.--Not later than 2 years after the date
of enactment of this section, the Administrator shall establish
and maintain a publicly accessible website with a national data
clearinghouse on reported water main breaks and associated
repair activity.
``(2) Contents.--The website established pursuant to
paragraph (1) shall present--
``(A) information submitted to the Administrator by
a public water system under this section with respect
to reported water main breaks;
``(B) aggregate State and national data on reported
water main breaks; and
``(C) trends in such information and data over
time.
``(3) Updates.--The website established pursuant to
paragraph (1) shall be updated at least twice per year.
``(b) Definition.--In this section, the term `reported water main
break' means the unplanned rupture or breach of a pipe 6 inches in
diameter or more in service as part of a public water system resulting
in water escaping and being reported to the public water system by an
employee or other person.
``(c) Rule.--Not later than one year after the date of enactment of
this section, the Administrator shall issue a rule requiring each
public water system serving more than 10,000 persons to submit to the
Administrator information on each reported water main break in, and the
repair activity for such break to be provided by, the public water
system with respect to a calendar year. Such rule shall--
``(1) specify the format, content, quality assurance
procedure, and method of submission of information;
``(2) apply to reported water main breaks that occur in the
second calendar year following the date of enactment of this
section and each calendar year thereafter;
``(3) allow for the submission, storage, and display of
information in electronic format;
``(4) allow for the submission of information by a public
water system serving 10,000 or fewer persons submitted on a
voluntary basis;
``(5) allow for submission of any additional information
that may be required of a public water system by a State
regarding reported water main breaks and repair activity; and
``(6) require that a summary of the information submitted
be included in a public water system's annual consumer
confidence report required under section 1414(c)(4).
``(d) Reported Water Main Break and Repair Information.--The rule
issued under subsection (c) shall require each public water system
serving more than 10,000 persons to submit to the Administrator the
following information with respect to each reported water main break in
the public water system:
``(1) To the extent practicable, the time and date the
reported water main break was reported to the public water
system.
``(2) The specific location of the reported water main
break.
``(3) The size, type, age, and bedding material of the
broken water main.
``(4) The elapsed time from the initial report of the water
main break to the public water system to the completion of
repairs.
``(5) The amount of water escaping from the public water
system between the time of the report and the repair, estimated
in accordance with `Water Audits and Loss Control Programs,
Manual--36' (2016) published by the American Water Works
Association or any successor manual.
``(6) The estimated cost of repairing the reported water
main break and associated public infrastructure, including
pavement restoration, and the cost of any damage to other
public or private property.
``(e) Annual Report.--Not later than 4 years after the date of
enactment of this section, and annually thereafter, the Administrator
shall prepare and make available to the public a report summarizing and
evaluating submissions by public water systems pursuant to this
section. Such report shall include information and recommendations
concerning the methods and resources needed by public water systems to
reduce the frequency, duration, and cost of water main breaks.''.
TITLE II--SAFETY
SEC. 13201. ENABLING EPA TO SET STANDARDS FOR NEW DRINKING WATER
CONTAMINANTS.
(a) In General.--Section 1412(b)(6) of the Safe Drinking Water Act
(42 U.S.C. 300g-1(b)(6)) is repealed.
(b) Conforming Amendments.--Section 1412(b) of the Safe Drinking
Water Act (42 U.S.C. 300g-1(b)) is amended--
(1) in paragraph (3)(C)(i)--
(A) by striking ``paragraph (5) or (6)(A)'' and
inserting ``paragraph (5)''; and
(B) by striking ``paragraphs (4), (5), and (6)''
and inserting ``paragraphs (4) and (5)''; and
(2) in paragraph (4)(B), by striking ``paragraphs (5) and
(6)'' and inserting ``paragraph (5)''.
SEC. 13202. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is amended by adding at the end the following:
``(16) Perfluoroalkyl and polyfluoroalkyl substances.--
``(A) In general.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall, after notice and opportunity for public comment,
promulgate a national primary drinking water regulation
for perfluoroalkyl and polyfluoroalkyl substances,
which shall, at a minimum, include standards for--
``(i) perfluorooctanoic acid (commonly
referred to as `PFOA'); and
``(ii) perfluorooctane sulfonic acid
(commonly referred to as `PFOS').
``(B) Alternative procedures.--
``(i) In general.--Not later than 1 year
after the validation by the Administrator of an
equally effective quality control and testing
procedure to ensure compliance with the
national primary drinking water regulation
promulgated under subparagraph (A) to measure
the levels described in clause (ii) or other
methods to detect and monitor perfluoroalkyl
and polyfluoroalkyl substances in drinking
water, the Administrator shall add the
procedure or method as an alternative to the
quality control and testing procedure described
in such national primary drinking water
regulation by publishing the procedure or
method in the Federal Register in accordance
with section 1401(1)(D).
``(ii) Levels described.--The levels
referred to in clause (i) are--
``(I) the level of a perfluoroalkyl
or polyfluoroalkyl substance;
``(II) the total levels of
perfluoroalkyl and polyfluoroalkyl
substances; and
``(III) the total levels of organic
fluorine.
``(C) Inclusions.--The Administrator may include a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances on--
``(i) the list of contaminants for
consideration of regulation under paragraph
(1)(B)(i), in accordance with such paragraph;
and
``(ii) the list of unregulated contaminants
to be monitored under section 1445(a)(2)(B)(i),
in accordance with such section.
``(D) Monitoring.--When establishing monitoring
requirements for public water systems as part of a
national primary drinking water regulation under
subparagraph (A) or subparagraph (G)(ii), the
Administrator shall tailor the monitoring requirements
for public water systems that do not detect or are
reliably and consistently below the maximum contaminant
level (as defined in section 1418(b)(2)(B)) for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances subject to
the national primary drinking water regulation.
``(E) Health protection.--The national primary
drinking water regulation promulgated under
subparagraph (A) shall be protective of the health of
subpopulations at greater risk, as described in section
1458.
``(F) Health risk reduction and cost analysis.--In
meeting the requirements of paragraph (3)(C), the
Administrator may rely on information available to the
Administrator with respect to one or more specific
perfluoroalkyl or polyfluoroalkyl substances to
extrapolate reasoned conclusions regarding the health
risks and effects of a class of perfluoroalkyl or
polyfluoroalkyl substances of which the specific
perfluoroalkyl or polyfluoroalkyl substances are a
part.
``(G) Regulation of additional substances.--
``(i) Determination.--The Administrator
shall make a determination under paragraph
(1)(A), using the criteria described in clauses
(i) through (iii) of that paragraph, whether to
include a perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances in the national
primary drinking water regulation under
subparagraph (A) not later than 18 months after
the later of--
``(I) the date on which the
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances is listed on
the list of contaminants for
consideration of regulation under
paragraph (1)(B)(i); and
``(II) the date on which--
``(aa) the Administrator
has received the results of
monitoring under section
1445(a)(2)(B) for the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances; or
``(bb) the Administrator
has received reliable water
data or water monitoring
surveys for the perfluoroalkyl
or polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances from
a Federal or State agency that
the Administrator determines to
be of a quality sufficient to
make a determination under
paragraph (1)(A).
``(ii) Primary drinking water
regulations.--
``(I) In general.--For each
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances that the
Administrator determines to regulate
under clause (i), the Administrator--
``(aa) not later than 18
months after the date on which
the Administrator makes the
determination, shall propose a
national primary drinking water
regulation for the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances; and
``(bb) may publish the
proposed national primary
drinking water regulation
described in item (aa)
concurrently with the
publication of the
determination to regulate the
perfluoroalkyl or
polyfluoroalkyl substance or
class of perfluoroalkyl or
polyfluoroalkyl substances.
``(II) Deadline.--
``(aa) In general.--Not
later than 1 year after the
date on which the Administrator
publishes a proposed national
primary drinking water
regulation under clause (i)(I)
and subject to item (bb), the
Administrator shall take final
action on the proposed national
primary drinking water
regulation.
``(bb) Extension.--The
Administrator, on publication
of notice in the Federal
Register, may extend the
deadline under item (aa) by not
more than 6 months.
``(H) Health advisory.--
``(i) In general.--Subject to clause (ii),
the Administrator shall publish a health
advisory under paragraph (1)(F) for a
perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl
substances not subject to a national primary
drinking water regulation not later than 1 year
after the later of--
``(I) the date on which the
Administrator finalizes a toxicity
value for the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances; and
``(II) the date on which the
Administrator validates an effective
quality control and testing procedure
for the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances.
``(ii) Waiver.--The Administrator may waive
the requirements of clause (i) with respect to
a perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl and polyfluoroalkyl
substances if the Administrator determines that
there is a substantial likelihood that the
perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl
substances will not occur in drinking water
with sufficient frequency to justify the
publication of a health advisory, and publishes
such determination, including the information
and analysis used, and basis for, such
determination, in the Federal Register.''.
SEC. 13203. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR MICROCYSTIN
TOXIN.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is further amended by adding at the end the following:
``(17) Microcystin toxin.--
``(A) In general.--Notwithstanding any other
deadline established in this subsection, not later than
2 years after the date of enactment of the Assistance,
Quality, and Affordability Act of 2021, the
Administrator shall publish a maximum contaminant level
goal and promulgate a national primary drinking water
regulation for microcystin toxin.
``(B) Health protection.--The maximum contaminant
level goal and national primary drinking water
regulation promulgated under subparagraph (A) shall be
protective of the health of subpopulations at greater
risk, as described in section 1458.''.
SEC. 13204. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR 1,4-
DIOXANE.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is further amended by adding at the end the following:
``(18) 1,4-dioxane.--
``(A) In general.--Notwithstanding any other
deadline established in this subsection, not later than
2 years after the date of enactment of the Assistance,
Quality, and Affordability Act of 2021, the
Administrator shall publish a maximum contaminant level
goal and promulgate a national primary drinking water
regulation for 1,4-dioxane.
``(B) Health protection.--The maximum contaminant
level goal and national primary drinking water
regulation promulgated under subparagraph (A) shall be
protective of the health of subpopulations at greater
risk, as described in section 1458.''.
SEC. 13205. NATIONAL PRIMARY DRINKING WATER REGULATION FOR CHROMIUM-6.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)) is further amended by adding at the end the following:
``(19) Chromium-6.--
``(A) In general.--Notwithstanding any other
deadline established in this subsection, not later than
2 years after the date of enactment of the Assistance,
Quality, and Affordability Act of 2021, the
Administrator shall publish a maximum contaminant level
goal and promulgate a national primary drinking water
regulation for chromium-6.
``(B) Health protection.--The maximum contaminant
level goal and national primary drinking water
regulation promulgated under subparagraph (A) shall be
protective of the health of subpopulations at greater
risk, as described in section 1458.''.
SEC. 13206. ELIMINATION OF SMALL SYSTEM VARIANCES.
(a) Small System Variances.--Section 1415 (42 U.S.C. 300g-4) of the
Safe Drinking Water Act is amended by striking subsection (e).
(b) Conforming Amendments.--
(1) Section 1412(b)(15) of the Safe Drinking Water Act (42
U.S.C. 300g-1(b)(15)) is amended by striking subparagraph (D).
(2) Section 1414(c)(1)(B) of the Safe Drinking Water Act
(42 U.S.C. 300g-3(c)(1)(B)) is amended by striking ``, (a)(2),
or (e)'' and inserting ``or (a)(2)''.
(3) Section 1416(b)(2) of the Safe Drinking Water Act (42
U.S.C. 300g-5(b)(2)) is amended by striking subparagraph (D).
(4) Section 1445(h) of the Safe Drinking Water Act (42
U.S.C. 300j-4(h)) is amended--
(A) by striking ``sections 1412(b)(4)(E) and
1415(e) (relating to small system variance program)''
and inserting ``section 1412(b)(4)(E)''; and
(B) by striking ``guidance under sections
1412(b)(4)(E) and 1415(e)'' and inserting ``guidance
under section 1412(b)(4)(E)''.
TITLE III--AFFORDABILITY
SEC. 13301. EMERGENCY RELIEF PROGRAM.
Part F of the Safe Drinking Water Act (42 U.S.C. 300j-21 et seq.)
is amended by adding at the end the following new section:
``SEC. 1466. EMERGENCY RELIEF PROGRAM.
``(a) Emergency Relief Program.--The Administrator shall establish
and carry out a residential emergency relief program to provide
payments to public water systems to reimburse such public water systems
for providing forgiveness of arrearages and fees incurred by eligible
residential customers before the date of enactment of this section to
help such eligible residential customers retain, or reconnect or
restore, water service.
``(b) Conditions.--To receive funds under this section, a public
water system shall agree to--
``(1) except as otherwise provided in this section, use
such funds to forgive all arrearages and fees relating to
nonpayment or arrearages incurred by eligible residential
customers before the date of enactment of this section;
``(2) if forgiveness of all arrearages and fees described
in paragraph (1) is not possible given the amount of funds
received, except as otherwise provided in this section, use
such funds to reduce such arrearages and fees for each eligible
residential customer by, to the extent practicable, a
consistent percentage;
``(3) take no action that negatively affects the credit
score of an eligible residential customer, or pursue any type
of collection action against such eligible residential
customer, during the 5-year period that begins on the date on
which the public water system receives such funds;
``(4) not disconnect or interrupt, or leave disconnected or
interrupted, where feasible, the service of any eligible
residential customer as a result of nonpayment or arrearages
during such 5-year period; and
``(5) provide to the Administrator such information as the
Administrator determines appropriate.
``(c) Eligible Customers.--To be eligible for forgiveness or
reduction of arrearages and fees pursuant to the program established
under subsection (a), a residential customer of a public water system
shall have accrued new arrearages on or after March 1, 2020.
``(d) Reconnection Expenses.--The Administrator, or a State that
is, pursuant to subsection (e), implementing the program established
under subsection (a), may authorize a public water system receiving
funds under this section to use up to 5 percent of such funds for
expenses relating to reconnecting or restoring water service, including
expenses relating to plumbing repairs and pipe flushing, as needed, for
eligible residential customers.
``(e) Administrative Expenses.--The Administrator may authorize--
``(1) States to implement the program established under
subsection (a); and
``(2) a State implementing such program to use up to 4
percent of funds made available to carry out such program in
such State for administrative expenses.
``(f) Submissions to Congress.--Not later than 180 days after the
date of enactment of this section, and every other month thereafter
until all amounts made available under this section are expended, the
Administrator shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a report that describes--
``(1) each public water system that received a payment
under or pursuant to this section;
``(2) the total amount of each payment provided under or
pursuant to this section;
``(3) for each public water system receiving a payment
under or pursuant to this section--
``(A) the amount of arrearages and fees forgiven or
reduced;
``(B) the number of eligible residential customers
benefitting from forgiveness or reduction of arrearages
and fees under this section;
``(C) the amount of arrearages and fees of
customers described in subparagraph (B) incurred before
the date of enactment of this section that remain
outstanding;
``(D) the number of eligible residential customers
that did not benefit from forgiveness or reduction of
arrearages and fees under this section; and
``(E) the amount of arrearages and fees of
customers described in subparagraph (D) incurred before
the date of enactment of this section that remain
outstanding; and
``(4) a summary of any other information provided to the
Administrator by public water systems that receive a payment
pursuant to this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000,000, to remain
available until expended.''.
SEC. 13302. LOW-INCOME DRINKING WATER ASSISTANCE PROGRAM.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
further amended by adding at the end the following:
``SEC. 1459F. LOW-INCOME DRINKING WATER ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a community water system that is owned or
operated by a municipality, other than a small
community-serving water system; or
``(B) a State, with respect to a small community-
serving water system located in the State.
``(2) Household.--The term `household' means any individual
or group of individuals who are living together as 1 economic
unit.
``(3) Local drinking water access program.--The term `local
drinking water access program' means a program developed or
implemented by an eligible entity using a grant awarded under
this section.
``(4) Low-income household.--The term `low-income
household' means a household--
``(A) in which 1 or more individuals are
receiving--
``(i) assistance under a State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(ii) supplemental security income
payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
``(iv) payments under--
``(I) section 1315, 1521, 1541, or
1542 of title 38, United States Code;
or
``(II) section 306 of the Veterans'
and Survivors' Pension Improvement Act
of 1978 (38 U.S.C. 1521 note; Public
Law 95-588); or
``(B) that has an income that--
``(i) as determined by the State in which
the household is located, does not exceed the
greater of--
``(I) an amount equal to 150
percent of the poverty level; and
``(II) an amount equal to 60
percent of the State median income for
that State; or
``(ii) does not exceed an amount,
determined by an eligible entity receiving a
grant under this section, that--
``(I) is lower that the amount
described in clause (i); and
``(II) is greater than or equal to
110 percent of the poverty level.
``(5) Poverty level.--The term `poverty level' means, with
respect to a household in a State, the income described in the
poverty guidelines issued by the Secretary of Health and Human
Services pursuant to section 673 of the Community Services
Block Grant Act (42 U.S.C. 9902), as applicable to the
household.
``(6) Small community-serving water system.--The term
`small community-serving water system' means a community water
system that provides drinking water services to a municipality
or unincorporated area with a population of fewer than 10,000
residents, at least 20 percent of whom are at or below the
poverty level.
``(7) State median income.--The term `State median income'
has the meaning given that term in section 2603 of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
``(b) Establishment.--
``(1) In general.--The Administrator shall establish a
Federal low-income drinking water assistance program to award
grants to eligible entities to develop and implement local
drinking water access programs to assist low-income households
in maintaining access to affordable drinking water.
``(2) Requirements for small community-serving water
systems.--In order for a State to be eligible to receive a
grant under this section for a small community-serving water
system, the State and the small community-serving water system
shall enter into a memorandum of understanding, under which the
State shall--
``(A) submit to the Administrator an application
under paragraph (6) for the small community-serving
water system; and
``(B) on receipt of a grant under this section,
develop and implement a local drinking water access
program for the small community-serving water system.
``(3) Limitations.--A grant awarded under this subsection--
``(A) shall not be used to replace funds for any
existing similar local program to assist low-income
households in maintaining access to affordable drinking
water; but
``(B) may be used to supplement or enhance such a
local program.
``(4) Term.--The term of a grant awarded under this
subsection shall be one year.
``(5) Minimum local program requirements.--
``(A) In general.--Not later than 6 months after
the date of enactment of this section, the
Administrator shall develop, in consultation with
relevant stakeholders, the minimum requirements for a
local drinking water access program.
``(B) Inclusions.--The local drinking water access
program requirements developed under subparagraph (A)
may include--
``(i) direct financial assistance;
``(ii) a lifeline rate;
``(iii) bill discounting;
``(iv) special hardship provisions;
``(v) a percentage-of-income payment plan;
``(vi) water efficiency assistance,
including subsidizing the cost of the
installation of water efficient fixtures or
leak repair work that is carried out or
contracted by a homeowner; or
``(vii) any other form of assistance
identified by the Administrator.
``(6) Application.--
``(A) In general.--To receive a grant under this
subsection, an eligible entity shall submit to the
Administrator an application that demonstrates that--
``(i) the proposed local drinking water
access program meets the requirements developed
under paragraph (5); and
``(ii) the proposed local drinking water
access program will treat households that live
in owner-occupied homes and households that
live in rental housing equitably.
``(B) Additional requirements.--In the case of an
eligible entity described in subsection (a)(1)(A), to
receive a grant under this subsection, the eligible
entity shall include in an application submitted under
subparagraph (A) information demonstrating that--
``(i) the eligible entity has--
``(I) a long-term financial plan
based on an analysis of the rates the
applicable community water system
charges for drinking water services;
``(II) an asset management plan;
``(III) a capital improvement plan
with a period of not less than 20
years;
``(IV) a fiscal management plan; or
``(V) another plan similar to the
plans described in subclauses (I)
through (IV);
``(ii) a grant awarded under this
subsection would support the efforts of the
eligible entity to generate the necessary funds
to achieve or maintain compliance with this Act
while mitigating the cost to low-income
households; and
``(iii) the eligible entity has the
capacity to create and implement an effective
community outreach plan to inform low-income
households of the local drinking water access
program and assist with enrollment.
``(7) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to applications for local
drinking water access programs with respect to which--
``(A) the owner or operator of the applicable
community water system--
``(i) owns or operates a--
``(I) treatment works (as defined
in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292))
for municipal waste; or
``(II) a municipal separate storm
sewer system (as such term is used in
the Federal Water Pollution Control
Act); and
``(ii) is subject to a consent decree
relating to compliance with the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.)
with respect to a treatment works or system
described in clause (i);
``(B) the residential customers of the applicable
community water system have experienced rate or fee
increases for drinking water services or wastewater
services (including stormwater services) of 30 percent
or more during the 3-year period ending on the date of
enactment of this section; or
``(C) the eligible entity will provide matching
funds in an amount equal to or greater than the amount
of the grant.
``(8) Reporting requirements.--
``(A) In general.--As a condition of receiving a
grant under this subsection, an eligible entity shall
submit to the Administrator, in a manner determined by
the Administrator, information regarding the applicable
local drinking water access program, including--
``(i) key features, including--
``(I) rate structures, rebates,
discounts, and related initiatives that
assist low-income households;
``(II) billing methods that average
rates over the course of a year, known
as `budget billing';
``(III) bill timing; and
``(IV) procedures that ensure that
households receive notice and an
opportunity to respond before service
is disconnected or interrupted due to
nonpayment;
``(ii) sources of funding;
``(iii) eligibility criteria;
``(iv) participation rates by households;
``(v) the average amount of assistance
provided to low-income households that
participate in the program;
``(vi) program costs;
``(vii) the demonstrable impacts of the
program on arrearage and service disconnection
for low-income households that participate in
the program, based on data from before and
after the implementation of the program, to the
maximum extent practicable; and
``(viii) other relevant information
required by the Administrator.
``(B) Publication.--The Administrator shall
annually publish a report that compiles and summarizes
the information submitted under subparagraph (A).
``(9) Assistance exempt from taxation.--Notwithstanding any
other provision of law, assistance provided to a low-income
household under a local drinking water access program shall not
be includible in the gross income of the recipient of such
assistance for purposes of the Internal Revenue Code of 1986.
``(c) Technical Assistance.--The Administrator shall provide
technical assistance to each eligible entity that receives a grant
under this section to ensure--
``(1) full implementation of the applicable local drinking
water access program; and
``(2) maximum enrollment of low-income households in the
applicable local drinking water access program, including
through--
``(A) community outreach campaigns; or
``(B) coordination with local health departments to
determine the eligibility of households for assistance.
``(d) Report.--Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity under this section, and
annually thereafter, the Administrator shall submit to Congress a
report on the results of the Federal program established under this
section.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000,000, to remain
available until expended.''.
SEC. 13303. LOW-INCOME WASTEWATER ASSISTANCE PROGRAM.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 124. LOW-INCOME WASTEWATER ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Covered facility.--The term `covered facility'
means--
``(A) a treatment works for municipal waste; or
``(B) a municipal separate storm sewer system.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a municipality that owns or operates a
covered facility, other than a small community-serving
wastewater facility;
``(B) 2 or more municipalities described in
subparagraph (A) that have entered into a partnership
agreement or a cooperative agreement; or
``(C) a State, with respect to a small community-
serving wastewater facility located in the State.
``(3) Household.--The term `household' means any individual
or group of individuals who are living together as 1 economic
unit.
``(4) Local wastewater services access program.--The term
`local wastewater services access program' means a program
developed or implemented by an eligible entity using a grant
awarded under this section.
``(5) Low-income household.--The term `low-income
household' means a household--
``(A) in which 1 or more individuals are
receiving--
``(i) assistance under a State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(ii) supplemental security income
payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
``(iv) payments under--
``(I) section 1315, 1521, 1541, or
1542 of title 38, United States Code;
or
``(II) section 306 of the Veterans'
and Survivors' Pension Improvement Act
of 1978 (38 U.S.C. 1521 note; Public
Law 95-588); or
``(B) that has an income that--
``(i) as determined by the State in which
the household is located, does not exceed the
greater of--
``(I) an amount equal to 150
percent of the poverty level; and
``(II) an amount equal to 60
percent of the State median income for
that State; or
``(ii) does not exceed an amount,
determined by an eligible entity receiving a
grant under this section, that--
``(I) is lower that the amount
described in clause (i); and
``(II) is greater than or equal to
110 percent of the poverty level.
``(6) Poverty level.--The term `poverty level' means, with
respect to a household in a State, the income described in the
poverty guidelines issued by the Secretary of Health and Human
Services pursuant to section 673 of the Community Services
Block Grant Act (42 U.S.C. 9902), as applicable to the
household.
``(7) Small community-serving wastewater facility.--The
term `small community-serving wastewater facility' means a
covered facility that provides services to municipality with a
population of fewer than 10,000 residents, at least 20 percent
of whom are at or below the poverty level.
``(8) State median income.--The term `State median income'
has the meaning given that term in section 2603 of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
``(b) Establishment.--
``(1) In general.--The Administrator shall establish a
Federal low-income wastewater assistance program to award
grants to eligible entities to develop and implement local
wastewater access programs to assist low-income households in
maintaining access to affordable wastewater services, including
municipal stormwater services.
``(2) Requirements for small community-serving wastewater
facilities.--In order for a State to be eligible to receive a
grant under this section for a small community-serving
wastewater facility, the State and the small community-serving
wastewater facility shall enter into a memorandum of
understanding, under which the State shall--
``(A) submit to the Administrator an application
under paragraph (6) for the small community-serving
wastewater facility; and
``(B) on receipt of a grant under this section,
develop and implement a local wastewater access program
for the small community-serving wastewater facility.
``(3) Limitations.--A grant awarded under this subsection--
``(A) shall not be used to replace funds for any
existing similar local program to assist low-income
households in maintaining access to affordable
wastewater services, including municipal stormwater
services; but
``(B) may be used to supplement or enhance such a
local program.
``(4) Term.--The term of a grant awarded under this
subsection shall be one year.
``(5) Minimum local program requirements.--
``(A) In general.--Not later than 6 months after
the date of enactment of this section, the
Administrator shall develop, in consultation with
relevant stakeholders, the minimum requirements for a
local wastewater access program.
``(B) Inclusions.--The local wastewater access
program requirements developed under subparagraph (A)
may include--
``(i) direct financial assistance;
``(ii) a lifeline rate;
``(iii) bill discounting;
``(iv) special hardship provisions;
``(v) a percentage-of-income payment plan;
``(vi) water efficiency assistance,
including subsidizing the cost of the
installation of water efficient fixtures or
leak repair work that is carried out or
contracted by a homeowner; or
``(vii) any other form of assistance
identified by the Administrator.
``(6) Application.--
``(A) In general.--To receive a grant under this
subsection, an eligible entity shall submit to the
Administrator an application that demonstrates that--
``(i) the proposed local wastewater access
program meets the requirements developed under
paragraph (5); and
``(ii) the proposed local wastewater access
program will treat households that live in
owner-occupied homes and households that live
in rental housing equitably.
``(B) Additional requirements.--In the case of an
eligible entity described in subsection (a)(1)(A), to
receive a grant under this subsection, the eligible
entity shall include in an application submitted under
subparagraph (A) information demonstrating that--
``(i) the eligible entity has--
``(I) a long-term financial plan
based on an analysis of the rates the
applicable covered facility charges for
services;
``(II) an asset management plan;
``(III) a capital improvement plan
with a period of not less than 20
years;
``(IV) a fiscal management plan; or
``(V) another plan similar to the
plans described in subclauses (I)
through (IV);
``(ii) a grant awarded under this
subsection would support the efforts of the
eligible entity to generate the necessary funds
to achieve or maintain compliance with this Act
while mitigating the cost to low-income
households; and
``(iii) the eligible entity has the
capacity to create and implement an effective
community outreach plan to inform low-income
households of the local wastewater access
program and assist with enrollment.
``(7) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to applications for local
wastewater access programs with respect to which--
``(A) the applicable covered facility is subject to
a consent decree relating to compliance with this Act;
``(B) the residential customers of the applicable
covered facility have experienced rate or fee increases
for drinking water services or wastewater services
(including stormwater services) of 30 percent or more
during the 3-year period ending on the date of
enactment of this section;
``(C) the eligible entity develops an equivalent
program, as determined by the Administrator, that is
administered separately by the eligible entity;
``(D) matching funds will be provided in an amount
equal to or greater than the amount of the grant; or
``(E) the eligible entity is described in
subsection (a)(2)(B).
``(8) Reporting requirements.--
``(A) In general.--As a condition of receiving a
grant under this subsection, an eligible entity shall
submit to the Administrator, in a manner determined by
the Administrator, information regarding the applicable
local wastewater access program, including--
``(i) key features, including--
``(I) rate structures, rebates,
discounts, and related initiatives that
assist low-income households;
``(II) billing methods that average
rates over the course of a year, known
as `budget billing'; and
``(III) bill timing;
``(ii) sources of funding;
``(iii) eligibility criteria;
``(iv) participation rates by households;
``(v) the average amount of assistance
provided to low-income households that
participate in the program;
``(vi) program costs;
``(vii) the demonstrable impacts of the
program on arrearage and service disconnection
for low-income households that participate in
the program, based on data from before and
after the implementation of the program, to the
maximum extent practicable; and
``(viii) other relevant information
required by the Administrator.
``(B) Publication.--The Administrator shall
annually publish a report that compiles and summarizes
the information submitted under subparagraph (A).
``(9) Assistance exempt from taxation.--Notwithstanding any
other provision of law, assistance provided to a low-income
household under a local wastewater access program shall not be
includible in the gross income of the recipient of such
assistance for purposes of the Internal Revenue Code of 1986.
``(c) Technical Assistance.--The Administrator shall provide
technical assistance to each eligible entity that receives a grant
under this section to ensure--
``(1) full implementation of the applicable local
wastewater access program; and
``(2) maximum enrollment of low-income households in the
applicable local wastewater access program, including through--
``(A) community outreach campaigns; or
``(B) coordination with local health departments to
determine the eligibility of households for assistance.
``(d) Report.--Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity under this section, and
annually thereafter, the Administrator shall submit to Congress a
report on the results of the Federal program established under this
section.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated carry out this section $4,000,000,000, to remain available
until expended.''.
SEC. 13304. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME
COMMUNITY WATER ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Household.--The term ``household'' means any individual
or group of individuals who are living together as 1 economic
unit.
(3) Low-income household.--The term ``low-income
household'' means a household--
(A) in which 1 or more individuals are receiving--
(i) assistance under a State program funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
(ii) supplemental security income payments
under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.);
(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.);
(iv) payments under--
(I) section 1315, 1521, 1541, or of
title 38, United States Code; or
(II) section 306 of the Veterans'
and Survivors' Pension Improvement Act
of 1978 (38 U.S.C. 1521 note; Public
Law 95-588);
(v) assistance under the Low Income Home
Energy Assistance Program (42 U.S.C. 8621); or
(vi) assistance under the Women Infants and
Children program (42 U.S.C. 1786); or
(B) that has an income that as determined by the
State in which the household is located that is
receiving a grant under paragraph (7)(b), or an
eligible wastewater or stormwater system receiving a
grant under paragraph (7)(b), does not exceed the
greater of--
(i) an amount equal to 200 per-cent of the
poverty level; and
(ii) an amount equal to 80 percent of the
area median income.
(4) Poverty level.--The term ``poverty level'' means, with
respect to a household in a State, the income described in the
poverty guidelines issued by the Secretary of Health and Human
Services pursuant to section 673 of the Community Services
Block Grant Act (42 U.S.C. 9902), as applicable to the
household.
(5) Area median income.--The term ``area median income''
means the unadjusted median income levels by geographic area as
determined annually by the Secretary of Housing and Urban
Development.
(b) Study; Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall conduct, and submit to Congress a report
describing the results of, a study regarding the prevalence
throughout the United States of low-income households that do
not have access to--
(A) affordable and functional centralized or onsite
wastewater services that protect the health of
individuals in the households;
(B) affordable municipal stormwater services; or
(C) affordable public drinking water services to
meet household needs.
(2) Data collection.--The Administrator shall collect
regularly from community water systems, treatment works for
municipal waste, municipal separate storm sewer systems, and
such other sources as may be appropriate, for use in the
reports under paragraph (1)--
(A) data, provided by zip code, concerning
arrearages, service disconnections, and other debt
collection activities for low-income households,
including, at minimum, number of disconnections for
nonpayment, length of disconnections, amount of debt at
time of disconnection, number of households and amount
of debt subject to sale or enforcement of property
liens, number of households enrolled in an assistance
program, number of eligible households, benefit levels,
and amount of debt reduction for enrolled households,
and number of enrolled households reconnected to water
service;
(B) revenue collection information from each
community water system, treatment works for municipal
waste, and municipal separate storm sewer systems,
including, at minimum, rate design for residential
customers, billing frequency, fees and charges included
on the bill, and projected rate increases over the next
5 years;
(C) information regarding customer assistance
programs, including any rate structures, rebates,
discounts, billing methods that average rates over the
course of a year, known as ``budget billing'', and
procedures that ensure that households receive notice
and an opportunity to dispute charges before service is
disconnected or interrupted due to nonpayment; and
(D) other relevant information as determined by the
Administrator.
(3) Inclusions.--The report under paragraph (1) shall
include--
(A) recommendations of the Administrator regarding
the best methods to increase access to the services
described in paragraph (1);
(B) a description of the cost of each method
described in subparagraph (A);
(C) a description of all consultation with relevant
stakeholders carried out in developing the report; and
(D) a description of the results of the study with
respect to low-income households that live in rental
housing and do not receive bills for such services, but
pay for the services indirectly through rent payments.
(4) Agreements.--The Administrator may enter into an
agreement with another Federal agency to carry out the study
under paragraph (1).
(5) Funds to water, wastewater, and stormwater systems.--
The Administrator may provide reasonable, one-time grants to
owners and operators of community water systems, treatment
works for municipal waste, and municipal separate storm sewer
systems to modify their billing and data management systems in
order to reliably and regularly generate the data required in
this needs assessment.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 to remain available
until expended.
SEC. 13305. NATURAL HAZARD EDUCATION AND RESPONSE GRANT PROGRAM.
Section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i-2) is
amended by adding at the end the following:
``(i) Education and Response Grant Program.--
``(1) Establishment.--The Administrator shall establish and
implement a program under which the Administrator may award
grants to community water systems to carry out activities to
educate and assist persons served by the community water system
in adapting and responding to malevolent acts and natural
hazards, including sub-zero temperatures, that disrupt the
provision of safe drinking water or significantly affect the
public health or the safety or supply of drinking water
provided to communities and individuals.
``(2) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to community water
systems that will use funds to assist senior citizens and low-
income homeowners in adapting and responding to malevolent acts
and natural hazards, including sub-zero temperatures, that
disrupt the provision of safe drinking water or significantly
affect the public health or the safety or supply of drinking
water provided to communities and individuals, including by
providing funds to cover the costs of repairing ruptured pipes.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $200,000,000
for each of fiscal years 2022 through 2026.''.
TITLE IV--OTHER MATTERS
SEC. 13401. SMALL URBAN AND RURAL WATER SYSTEM CONSOLIDATION REPORT.
(a) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on issues relating to the
potential for consolidation of distressed small water systems.
(2) Inclusions.--The report submitted under paragraph (1)
shall include--
(A) information on--
(i) the amount of debt of covered small
water systems;
(ii) whether the budgets of covered small
water systems are balanced;
(iii) the degree to which covered small
water systems defer infrastructure
improvements;
(iv) the degree to which covered small
water systems are not in compliance with
applicable Federal and State water quality
standards;
(v) how rates charged by covered small
water systems for service relate to the costs
for maintenance of, and improvements to, such
systems; and
(vi) how the management, financial, and
technical capacity of covered small water
systems affects the ability of such systems to
provide service at affordable rates;
(B) an evaluation of--
(i) whether covered small water system
infrastructure is failing, resulting in a
temporary or permanent loss of essential
functions or services; and
(ii) how to prevent covered small water
systems from becoming distressed small water
systems;
(C) policy recommendations for how Congress may
support the consolidation of distressed small water
systems or alternative compliance strategies; and
(D) best practices and guidelines the Administrator
of the Environmental Protection Agency may use to
assist State and local governments with--
(i) facilitating the consolidation of
distressed small water systems; and
(ii) including the public in the process of
such consolidation.
(b) Definitions.--In this section:
(1) Consolidation.--The term ``consolidation'' means, with
respect to a public water system, any of the actions described
in subparagraphs (A) through (D) of section 1414(h)(1) of the
Safe Drinking Water Act (42 U.S.C. 300g-3(h)(1)).
(2) Covered small water system.--The term ``covered small
water system'' means a public water system that serves--
(A) fewer than 50,000 individuals; and
(B) a disadvantaged community or an environmental
justice community.
(3) Disadvantaged community.--The term ``disadvantaged
community'' has the meaning given such term in section
1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(3)).
(4) Distressed small water system.--The term ``distressed
small water system'' means a covered small water system--
(A) that is unable to carry out necessary
maintenance of, and improvements to, such system in
order to--
(i) comply with applicable Federal and
State water quality standards; or
(ii) provide reliable and affordable
service to customers while complying with such
water quality standards; and
(B) with respect to which consolidation may be
necessary to address the issues described in
subparagraph (A).
(5) Environmental justice community.--The term
``environmental justice community'' has the meaning given such
term in section 1452(u)(11) of the Safe Drinking Water Act.
(6) Public water system.--The term ``public water system''
has the meaning given such term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
SEC. 13402. STUDY ON CONTAMINATION OF COLDWATER CREEK, MISSOURI.
(a) In General.--The Administrator of the Environmental Protection
Agency, in coordination with the Secretary of the Army, the Secretary
of Energy, the Administrator of the Agency for Toxic Substances and
Disease Registry, and other appropriate Federal agencies, shall--
(1) undertake a review of prior and ongoing efforts to
remediate radiological contamination in the vicinity of
Coldwater Creek in North St. Louis County, Missouri, associated
with historic radiological waste storage near the St. Louis
Airport;
(2) consult with State and local agencies, and
representatives of the Coldwater Creek community;
(3) take into consideration the Public Health Assessment
for the Evaluation of Community Exposure Related to Coldwater
Creek, dated April 30, 2019, and prepared by the Agency for
Toxic Substances and Disease Registry; and
(4) within 180 days of the date of enactment of this
section, issue a report to Congress on the status of efforts to
reduce or eliminate the potential human health impacts from
potential exposure to such contamination, including any
recommendations for further action.
(b) Installation of Signage to Prevent Potential Exposure Risks.--
In accordance with the recommendations of the Public Health Assessment
for the Evaluation of Community Exposure Related to Coldwater Creek,
the Administrator, in coordination with the Secretary of the Army,
shall install signage to inform residents and visitors of potential
exposure risks in areas around Coldwater Creek where remediation
efforts have not been undertaken or completed.
SEC. 13403. REPORT ON AFFORDABILITY, DISCRIMINATION AND CIVIL RIGHTS
VIOLATIONS, AND DATA COLLECTION.
(a) Study.--
(1) In general.--The Comptroller General shall conduct a
study on water and sewer services, in accordance with this
section.
(2) Affordability.--In conducting the study under paragraph
(1), the Comptroller General shall study water affordability
nationwide, including--
(A) rates for water and sewer services, increases
in such rates during the ten-year period preceding such
study, and water service disconnections and
interruptions due to unpaid water service charges; and
(B) the effectiveness of funding under section 1452
of the Safe Drinking Water Act (42 U.S.C. 300j-12) and
under title VI of the Federal Water Pollution Control
Act (33 U.S.C. 1381 et seq.) for promoting affordable,
equitable, transparent, and reliable water and sewer
service.
(3) Discrimination and civil rights.--In conducting the
study under paragraph (1), the Comptroller General, in
collaboration with the Civil Rights Division of the Department
of Justice, shall study--
(A) discriminatory practices of water and sewer
service providers; and
(B) violations by such service providers that
receive Federal assistance of civil rights under title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) with regard to equal access to water and sewer
services.
(4) Data collection.--In conducting the study under
paragraph (1), the Comptroller General shall collect
information, assess the availability of information, and
evaluate the methodologies used to collect information, related
to--
(A) people living without water or sewer services;
(B) water service disconnections or interruptions
due to unpaid water service charges, including
disconnections experienced by households containing
children, elderly persons, disabled persons, or
chronically ill persons, or other vulnerable
populations; and
(C) disparate effects, on the basis of race,
gender, or socioeconomic status, of water service
disconnections or interruptions and the lack of public
water and sewer service.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller shall submit to Congress a report that
contains--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations for water and sewer service providers,
Federal agencies, and States relating to such results.
SEC. 13404. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
Section 4304 of the America's Water Infrastructure Act of 2018 (42
U.S.C. 300j-19e) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by inserting ``Tribal,''
after ``State,''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) institutions of higher education, apprentice
programs, high schools, and other community based
organizations, and public works departments and
agencies, to align water and wastewater utility
workforce recruitment efforts, training programs,
retention efforts, and community resources with water
and wastewater utilities to--
``(i) accelerate career pipelines;
``(ii) ensure the sustainability of the
water and wastewater utility workforce; and
``(iii) provide access to workforce
opportunities, including for diverse
populations or populations that are
underrepresented in the water and wastewater
utility workforce.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``and the Secretary of
Labor'' after ``the Secretary of Agriculture'';
(ii) in subparagraph (A), by striking ``;
and'' and inserting ``, which may include--'';
and
(iii) by inserting after subparagraph (A)
the following:
``(i) expanding the use and availability of
activities and resources that relate to the
recruitment, including promotion of diversity
within that recruitment, of individuals to
careers in the water and wastewater utility
sector;
``(ii) expanding the availability of
training opportunities for--
``(I) individuals entering the
water and wastewater utility sector;
and
``(II) individuals seeking to
advance careers within the water and
wastewater utility sector; and
``(iii) expanding the use and availability
of activities and strategies, including the
development of innovative activities and
strategies, that relate to the maintenance and
retention of a sustainable workforce in the
water and wastewater utility sector; and'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``public works departments or
agencies,'' after ``institutions of higher
education,''; and
(ii) in subparagraph (A)--
(I) in clause (ii), by striking ``;
or'' and inserting a semicolon;
(II) in clause (iii), by striking
``; and'' and inserting ``; or''; and
(III) by adding at the end the
following:
``(iv) in the development of educational or
recruitment materials and activities, including
those materials and activities that
specifically promote diversity within
recruitment, for the water and wastewater
utility workforce; and'';
(C) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively, and inserting
after paragraph (2) the following:
``(3) Priority.--In selecting grant recipients under
paragraph (2), the Administrator shall give priority to
entities that focus on assisting low-income and very low-income
individuals, as well as those individuals with the most
barriers to entry, such as the recently incarcerated, to enter
into careers in the water and wastewater utility sector.'';
(D) in paragraph (4) (as so redesignated)--
(i) in subparagraph (C), by inserting ``,
or with high poverty levels,'' after ``high
unemployment''; and
(ii) in subparagraph (D)(ii), by inserting
``or certification'' before ``programs''; and
(E) in paragraph (5) (as so redesignated), by
striking ``$1,000,000 for each of fiscal years 2019 and
2020'' and inserting ``$25,000,000 for each of fiscal
years 2022 through 2026''.
SEC. 13405. IDENTIFICATION OF HIGH-RISK LOCATIONS.
(a) Development of Guidance.--
(1) In general.--In accordance with the deadline
established in subsection (b), the Administrator of the
Environmental Protection Agency shall develop guidance to help
public water systems identify high-risk locations for purposes
of focusing efforts to--
(A) test drinking water for the concentration of
lead in such drinking water; and
(B) replace lead service lines.
(2) Use of data.--The guidance developed under paragraph
(1) shall include information on how a public water system may
use data from the American Community Survey conducted by the
Department of Commerce and, where available, geospatial data to
identify high-risk locations for the purposes described in
subsection (a).
(b) Availability of Guidance.--Not later than 180 days after the
date of enactment of this section, the Administrator of the
Environmental Protection Agency shall--
(1) publish the guidance developed under subsection (a) in
the Federal Register; and
(2) make such guidance available on a publicly accessible
website.
(c) Report.--Not later than 180 days after the date of enactment of
this section, the Administrator of the Environmental Protection Agency
shall submit to the Committee on Energy and Commerce of the House of
Representatives and the appropriate committee of the Senate a report
that--
(1) includes the guidance developed under subsection (a);
(2) describes the methodology used to develop such
guidance; and
(3) provides information about who was consulted in the
development of such guidance.
(d) Definitions.--In this section:
(1) High-risk location.--The term ``high-risk location''
means an area--
(A) that is likely to have lead service lines; and
(B) in which an environmental justice community is
located.
(2) Lead service line.--The term ``lead service line'' has
the meaning given such term in section 1459B(a) of the Safe
Drinking Water Act (42 U.S.C. 300j-19b(a)).
(3) Public water system.--The term ``public water system''
has the meaning given such term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
DIVISION J--OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM
SEC. 14101. OUTDOORS FOR ALL.
(a) Definitions.--In this section:
(1) Eligible entity.--
(A) In general.--The term ``eligible entity''
means--
(i) a State or territory of the United
States;
(ii) a political subdivision of a State or
territory of the United States, including--
(I) a city;
(II) a county; and
(III) a special purpose district
that manages open space, including park
districts; and
(iii) an Indian Tribe, or Alaska Native or
Native Hawaiian community or organization.
(B) Political subdivisions and indian tribes.--A
political subdivision of a State or territory of the
United States or an Indian Tribe, including Alaska
Native or Native Hawaiian community organization, shall
be considered an eligible entity only if the political
subdivision or Indian Tribe represents or otherwise
serves a qualifying urban area.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(3) Low-income.--The term ``low-income community'' means
any census block group in which 30 percent or more of the
population are individuals with an annual household income
equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(4) Outdoor recreation legacy partnership program.--The
term ``Outdoor Recreation Legacy Partnership Program'' means
the program established under subsection (b)(1).
(5) Qualifying urban area.--The term ``qualifying urban
area'' means an area identified by the Census Bureau as an area
with a population of 30,000 or more in the most recent census.
(6) Eligible nonprofit organization.--The term ``eligible
nonprofit organization'' means an organization that is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and is exempt from tax under section 501(a) of such code.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means any state of the
United States or the District of Columbia.
(b) Grants Authorized.--
(1) In general.--The Secretary shall establish an Outdoor
Recreation Legacy Partnership Program under which the Secretary
may award grants to eligible entities for projects--
(A) to acquire land and water for parks and other
outdoor recreation purposes in qualifying urban areas;
and
(B) to develop new or renovate existing outdoor
recreation facilities in qualifying urban areas.
(2) Matching requirement.--
(A) In general.--As a condition of receiving a
grant under paragraph (1), an eligible entity shall
provide matching funds in the form of cash or an in-
kind contribution in an amount equal to not less than
100 percent of the amounts made available under the
grant.
(B) Sources.--The matching amounts referred to in
subparagraph (A) may include amounts made available
from State, local, nongovernmental, or private sources.
(C) Waiver.--The Secretary may waive all or part of
the matching requirement under subparagraph (A) in
underserved or low-income communities if the Secretary
determines that--
(i) no reasonable means are available
through which an applicant can meet the
matching requirement; and
(ii) the probable benefit of such project
outweighs the public interest in such matching
requirement.
(D) Administrative expenses.--Not more than 10
percent of funds provided to an eligible entity may be
used for administrative expenses.
(c) Considerations.--In awarding grants to eligible entities, the
Secretary will consider the extent to which a project may--
(1) provide recreation opportunity in underserved
communities where access to parks is not adequate to meet local
needs;
(2) provide opportunities for outdoor education and public
land volunteerism;
(3) support innovative or cost-effective ways to enhance
parks and recreation opportunities or delivery of services;
(4) support city park and recreation programming, by means
including cooperative agreements with community-based eligible
nonprofit organizations; and
(5) create native event sites or cultural gathering spaces.
(d) Eligible Uses.--
(1) In general.--A grant recipient may use a grant awarded
under this section--
(A) to acquire land or water in a qualifying urban
area that provides outdoor recreation opportunities to
the public; and
(B) to develop or renovate outdoor recreational
facilities in a qualifying urban area that provide
outdoor recreation opportunities to the public.
(2) Limitations on use.--A grant recipient may not use
grant funds for--
(A) incidental costs related to land acquisition,
including appraisal and titling;
(B) operation and maintenance activities;
(C) facilities that support semiprofessional or
professional athletics;
(D) indoor facilities such as recreation centers or
facilities that support primarily non-outdoor purposes;
or
(E) acquisition of land or interests in land that
restrict access to specific persons.
(e) Priority.--In awarding grants under this section, the Secretary
shall give priority to projects that--
(1) create or significantly enhance access to park and
recreational opportunities in an urban neighborhood or
community;
(2) engage and empower underserved communities and youth;
(3) provide employment or job training opportunities for
youth or underserved communities;
(4) establish or expand public-private partnerships, with a
focus on leveraging resources; and
(5) take advantage of coordination among various levels of
government.
(f) National Park Service Requirements.--In carrying out the
Outdoor Recreation Legacy Partnership Program, the Secretary shall--
(1) conduct an initial screening and technical review of
applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate
information and technical assistance to eligible entities and
low-income communities about the opportunity to apply for funds
under this section, the application procedures by which
eligible entities may apply for funds, and eligible uses for
funding.
(g) Reporting.--
(1) Annual reports.--Not later than 30 days after the last
day of each report period, each State lead agency that receives
a grant under this section shall annually submit to the
Secretary performance and financial reports that--
(A) summarize project activities conducted during
the report period; and
(B) provide the status of the project.
(2) Final reports.--Not later than 90 days after the
earlier of the date of expiration of a project period or the
completion of a project, each State lead agency that receives a
grant under this section shall submit to the Secretary a final
report containing such information as the Secretary may
require.
DIVISION K--WILDLIFE CORRIDORS CONSERVATION ACT OF 2021
SEC. 15001. SHORT TITLE; TABLE OF CONTENTS.
This division may be cited as the ``Wildlife Corridors Conservation
Act of 2021''.
SEC. 15002. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources
of the Senate;
(B) the Committee on Environment and Public Works
of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Energy and Commerce of the
House of Representatives;
(E) the Committee on Natural Resources of the House
of Representatives;
(F) the Committee on Appropriations of the House of
Representatives; and
(2) Connectivity.--The term ``connectivity'' means the
degree to which the landscape or seascape facilitates native
species movement.
(3) Corridor.--The term ``corridor'' means a feature of the
landscape or seascape that--
(A) provides habitat or ecological connectivity;
and
(B) allows for native species movement or
dispersal.
(4) Database.--The term ``Database'' means the National
Wildlife Corridors Database established under section 11308(a).
(5) Federal land or water.--The term ``Federal land or
water'' means any land or water, or interest in land or water,
owned by the United States.
(6) Fund.--The term ``Fund'' means the Wildlife Corridors
Stewardship Fund established by section 11401(a).
(7) Habitat.--The term ``habitat'' means land, water, and
substrate occupied at any time during the life cycle of a
native species that is necessary, with respect to the native
species, for spawning, breeding, feeding, growth to maturity,
or migration.
(8) Indian land.--The term ``Indian land'' means land of an
Indian Tribe, or an Indian individual, that is--
(A) held in trust by the United States; or
(B) subject to a restriction against alienation
imposed by the United States.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(10) National coordination committee.--The term ``National
Coordination Committee'' means the National Coordination
Committee established under section 11306(a).
(11) National wildlife corridor.--The term ``National
Wildlife Corridor'' means any Federal land or water designated
as a National Wildlife Corridor under section 11201(a).
(12) National wildlife corridor system.--The term
``National Wildlife Corridor System'' means the system of
National Wildlife Corridors established by section 11201(a).
(13) Native species.--The term ``native species'' means--
(A) a fish, wildlife, or plant species that is or
was historically present in a particular ecosystem as a
result of natural migratory or evolutionary processes,
including subspecies and plant varieties; or
(B) a migratory bird species that is native to the
United States or its territories (as defined in section
2(b) of the Migratory Bird Treaty Act (16 U.S.C.
703(b))).
(14) Regional ocean partnership.--The term ``regional ocean
partnership'' means a regional organization of coastal or Great
Lakes States, territories, or possessions voluntarily convened
by Governors to address cross-jurisdictional ocean matters, or
the functional equivalent of such a regional ocean organization
designated by the Governor or Governors of a State or States.
(15) Regional wildlife movement council.--The term
``regional wildlife movement council'' means a regional
wildlife movement council established under section 11307(a).
(16) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service, concerning land
contained within the National Forest System;
(B) the Secretary of Commerce;
(C) the Secretary of the Interior; and
(D) the Secretary of Transportation.
(17) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(18) Tribal wildlife corridor.--The term ``Tribal Wildlife
Corridor'' means a corridor established by the Secretary under
section 11303(a)(1)(C).
(19) United states.--The term ``United States'', when used
in a geographical sense, means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau;
(J) the United States Virgin Islands; and
(K) the territorial sea (within the meaning of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.)) and the exclusive
economic zone (as defined in section 3 of that Act (16
U.S.C. 1802)) within the jurisdiction or sovereignty of
the Federal Government.
(20) Wildlife movement.--The term ``wildlife movement''
means the passage of individual members or populations of a
fish, wildlife, or plant species across a landscape or
seascape.
TITLE I--NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND AND WATER
SEC. 15101. NATIONAL WILDLIFE CORRIDORS.
(a) Establishment.--There is established a system of corridors on
Federal land and water, to be known as the ``National Wildlife Corridor
System'', which shall consist of National Wildlife Corridors designated
as part of the National Wildlife Corridor System by--
(1) statute;
(2) rulemaking under section 11202; or
(3) a land management plan developed or revised under
section 202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712).
(b) Strategy.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall develop a strategy for the effective
development of the National Wildlife Corridor System--
(1) to support the fulfillment of the purposes described in
section 11202(b);
(2) to ensure coordination and consistency across Federal
agencies in the development, implementation, and management of
National Wildlife Corridors; and
(3) to develop a timeline for the implementation of
National Wildlife Corridors.
SEC. 15102. ADMINISTRATIVE DESIGNATION OF NATIONAL WILDLIFE CORRIDORS.
(a) Rulemaking.--
(1) National wildlife corridors.--Not later than 2 years
after the date of enactment of this Act, the Secretary, in
consultation with the Secretaries, pursuant to the land, water,
and resource management planning and conservation authorities
of the Secretaries, shall establish a process, by regulation,
for the designation and management of National Wildlife
Corridors on Federal land or water under the respective
jurisdictions of the Secretaries. Where a National Wildlife
Corridor crosses federal land or water under the jurisdiction
of several secretaries, then the Secretary must obtain
concurrence from the applicable Secretaries before a National
Wildlife Corridor may be designated.
(2) Federal land and water management.--The Secretaries
shall consider the designation of National Wildlife Corridors
in any process relating to the issuance, revision, or
modification of a management plan for land or water under the
respective jurisdiction of the Secretaries insofar as a
corridor is consistent with the purpose of the plan.
(b) Criteria for Designation.--The regulations promulgated by the
Secretary under subsection (a)(1) shall ensure that, in designating a
National Wildlife Corridor, the Secretaries--
(1) base the designation of the National Wildlife Corridor
on--
(A) coordination with existing--
(i) National Wildlife Corridors;
(ii) corridors established by States; and
(iii) Tribal Wildlife Corridors; and
(B) the best available science of--
(i) existing native species habitat; and
(ii) likely future native species habitats;
(2) determine that the National Wildlife Corridor supports
the connectivity, persistence, resilience, and adaptability of
the native species for which it has been designated by
providing for--
(A) dispersal and genetic exchange between
populations;
(B) range shifting, range expansion, or range
restoration, such as in response to climate change;
(C) seasonal movement or migration; or
(D) succession, movement, or recolonization
following--
(i) a disturbance, such as fire, flood,
drought, or infestation; or
(ii) population decline or previous
extirpation;
(3) consult the Database; and
(4) consider recommendations from the National Coordination
Committee under section 11306(e)(2)(C).
(c) Designation of Federal Land or Water Requiring Restoration or
Connection of Habitat.--The Secretaries may designate as a National
Wildlife Corridor land or water that--
(1) is necessary for the natural movements of one or more
native species;
(2) requires restoration, including--
(A) land or water that is degraded; and
(B) land or water from which a species is currently
absent--
(i) but may be colonized or recolonized by
the species naturally; or
(ii) to which the species may be
reintroduced or restored based on habitat
changes; and
(3) is fragmented or consists of only a portion of the
habitat required for the connectivity needs of one or more
native species.
(d) Nomination for Designation.--
(1) In general.--In establishing the process for
designation under subsection (a)(1), the Secretary shall
include procedures under which--
(A) any State, Tribal, or local government, or a
nongovernmental organization engaged in the
conservation of native species and the improvement of
the habitats of native species, may submit to the
Secretaries a nomination to designate as a National
Wildlife Corridor an area under the respective
jurisdiction of the Secretaries; and
(B) the Secretaries shall consider and, not later
than 1 year after the date on which the nomination was
submitted under subparagraph (A), respond to any
nomination submitted under that subparagraph.
(2) Supporting documentation.--A nomination for designation
under paragraph (1)(A) shall include supporting documentation,
including--
(A) the native species for which the National
Wildlife Corridor would be designated;
(B) summaries and references of, with respect to
the designation of a National Wildlife Corridor--
(i) the best science available at the time
of the submission of the nomination for
designation documenting why the corridor is
needed; and
(ii) the most current scientific reports
available at the time of the submission of the
nomination for designation;
(C) information with respect to how the nomination
was coordinated with potential partners;
(D) a description of supporting stakeholders, such
as States, Indian Tribes, local governments, scientific
organizations, nongovernmental organizations, and
affected voluntary private landowners; and
(E) any additional information the Secretaries, in
consultation with the National Coordination Committee,
determine is relevant to the nomination.
SEC. 15103. MANAGEMENT OF NATIONAL WILDLIFE CORRIDORS.
(a) In General.--The Secretaries shall, consistent with other
applicable Federal land and water management requirements, laws, and
regulations, manage each National Wildlife Corridor under the
respective administrative jurisdiction of the Secretaries in a manner
that contributes to the long-term connectivity, persistence,
resilience, and adaptability of native species for which the National
Wildlife Corridor is identified, including through--
(1) the maintenance and improvement of habitat connectivity
within the National Wildlife Corridor;
(2) the implementation of strategies and activities that
enhance the ability of native species to respond to climate
change and other environmental factors;
(3) the maintenance or restoration of the integrity and
functionality of the National Wildlife Corridor;
(4) the mitigation or removal of human infrastructure that
obstructs the natural movement of native species; and
(5) the use of existing conservation programs, including
Tribal Wildlife Corridors, under the respective jurisdiction of
the Secretaries to contribute to the connectivity, persistence,
resilience, and adaptability of native species.
(b) National Wildlife Corridors Spanning Multiple Jurisdictions.--
In the case of a National Wildlife Corridor that spans the
administrative jurisdiction of two or more of the Secretaries, the
relevant Secretaries shall coordinate management of the National
Wildlife Corridor in accordance with section 11301(b) to advance the
purposes described in section 11201(b).
(c) Road Mitigation.--In the case of a National Wildlife Corridor
that intersects, adjoins, or crosses a new or existing State, Tribal,
or local road or highway, the relevant Secretaries shall coordinate
with the Secretary of Transportation and State, Tribal, and local
transportation agencies, as appropriate, to identify and implement
voluntary environmental mitigation measures--
(1) to improve public safety and reduce vehicle caused
native species mortality while maintaining habitat
connectivity; and
(2) to mitigate damage to the natural movements of native
species through strategies such as--
(A) the construction, maintenance, or replacement
of native species underpasses, overpasses, and
culverts; and
(B) the maintenance, replacement, or removal of
dams, bridges, culverts, and other hydrological
obstructions.
(d) Compatible Uses.--A use of Federal land or water that was
authorized before the date on which the Federal land or water is
designated as a National Wildlife Corridor may continue if the
applicable Secretaries determine that the use is compatible with the
wildlife movements of the species for which the National Wildlife
Corridor was designated, consistent with applicable Federal laws and
regulations.
TITLE II--WILDLIFE CORRIDORS CONSERVATION
SEC. 15201. COLLABORATION AND COORDINATION.
(a) Collaboration.--The Secretaries may partner with and provide
funds to States, local governments, Indian Tribes, the National
Coordination Committee, voluntary private landowners, and the regional
wildlife movement councils to support the purposes described in section
11201(b).
(b) Coordination.--To the maximum extent practicable and consistent
with applicable law, the Secretary or Secretaries, as applicable, shall
develop the strategy under section 11201(b), designate National
Wildlife Corridors under section 11202, and manage National Wildlife
Corridors under section 11203--
(1) in consultation and coordination with--
(A) other relevant Federal agencies;
(B) States, including--
(i) State fish and wildlife agencies; and
(ii) other State agencies responsible for
managing the natural resources and wildlife;
(C) Indian Tribes;
(D) units of local government;
(E) other interested stakeholders identified by the
Secretary, including applicable voluntary private
landowners;
(F) landscape- and seascape-scale partnerships,
including--
(i) the National Fish Habitat Partnership;
(ii) the National Marine Fisheries Service;
(iii) regional fishery management councils
established under section 302(a) of the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(a));
(iv) relevant regional ocean partnerships;
(v) the Climate Science Centers of the
Department of the Interior; and
(vi) the Landscape Conservation Cooperative
Network;
(G) the National Coordination Committee; and
(H) the regional wildlife movement councils.
SEC. 15202. EFFECT.
(a) Relationship to Other Conservation Laws.--Nothing in this title
amends or otherwise affects any other law (including regulations)
relating to the conservation of native species.
(b) Jurisdiction of States and Indian Tribes.--Nothing in this
title or an amendment made by this title affects the jurisdiction of a
State or an Indian Tribe with respect to fish and wildlife management,
including the regulation of hunting, fishing, and trapping, in a
National Wildlife Corridor or a Tribal Wildlife Corridor.
SEC. 15203. TRIBAL WILDLIFE CORRIDORS.
(a) Establishment.--
(1) In general.--
(A) Nominations.--An Indian Tribe may nominate a
corridor within Indian land of the Indian Tribe as a
Tribal Wildlife Corridor by submitting to the
Secretary, in consultation with the Director of the
Bureau of Indian Affairs (referred to in this section
as the ``Secretary''), an application at such time, in
such manner, and containing such information as the
Secretary may require.
(B) Determination.--Not later than 90 days after
the date on which the Secretary receives an application
under subparagraph (A), the Secretary shall determine
whether the nominated Tribal Wildlife Corridor
described in the application meets the criteria
established under paragraph (2).
(C) Publication.--On approval of an application
under subparagraph (B), the Secretary shall publish in
the Federal Register a notice of the establishment of
the Tribal Wildlife Corridor, which shall include a map
and legal description of the land designated as a
Tribal Wildlife Corridor.
(2) Criteria.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
establish criteria for determining whether a corridor
nominated by an Indian Tribe under paragraph (1)(A)
qualifies as a Tribal Wildlife Corridor.
(B) Inclusions.--The criteria established under
subparagraph (A) shall include, at a minimum, the
following:
(i) The restoration of historical habitat
for the purposes of facilitating connectivity.
(ii) The management of land for the
purposes of facilitating connectivity.
(iii) The management of land to prevent the
imposition of barriers that may hinder current
or future connectivity.
(3) Removal.--
(A) In general.--An Indian Tribe may elect to
remove the designation of a Tribal Wildlife Corridor on
the Indian land of the Indian Tribe by notifying the
Secretary.
(B) Effect of removal.--An Indian Tribe that elects
to remove a designation under subparagraph (A) may not
receive assistance under subsection (c) or (d)(1) or
section 11305.
(b) Coordination of Land Use Plans.--Section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended--
(1) in subsection (b)--
(A) by striking ``Indian tribes by'' and inserting
the following: Indian tribes--
``(1) by'';
(B) in paragraph (1) (as so designated), by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(2) for the purposes of determining whether the land use
plans for land in the National Forest System would provide
additional connectivity to benefit the purposes of a Tribal
Wildlife Corridor established under section 11303(a)(1) of the
Wildlife Corridors Conservation Act of 2021.''; and
(2) by adding at the end the following:
``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal
Wildlife Corridor under section 11303(a)(1) of the Wildlife Corridors
Conservation Act of 2021, the Secretary shall conduct a meaningful
consultation with the Indian tribe that administers the Tribal Wildlife
Corridor to determine whether, through the revision of one or more
existing land use plans, the Tribal Wildlife Corridor can--
``(1) be expanded into public lands; or
``(2) otherwise benefit connectivity (as defined in section
11102 of that Act) between public lands and the Tribal Wildlife
Corridor.''.
(c) Technical Assistance.--The Secretary shall provide to Indian
Tribes technical assistance relating to the establishment, management,
and expansion of a Tribal Wildlife Corridor, including assistance with
accessing wildlife data and working with voluntary private landowners
to access Federal and State programs to improve wildlife habitat and
connectivity on non-Federal land.
(d) Availability of Assistance.--An Indian Tribe that has a Tribal
Wildlife Corridor established on the Indian land of the Indian Tribe
shall be eligible for a grant under the wildlife movements grant
program under section 11305, subject to other applicable requirements
of that grant program.
(e) Savings Clause.--Nothing in this section authorizes or affects
the use of private property or Indian land.
SEC. 15204. PROTECTION OF INDIAN TRIBES.
(a) Federal Trust Responsibility.--Nothing in this title amends,
alters, or waives the Federal trust responsibility to Indian Tribes.
(b) Freedom of Information Act.--
(1) Exemption.--Information described in paragraph (2)
shall not be subject to disclosure under section 552 of title
5, United States Code (commonly known as the ``Freedom of
Information Act''), if the head of the agency that receives the
information, in consultation with the Secretary and the
affected Indian Tribe, determines that disclosure may--
(A) cause a significant invasion of privacy;
(B) risk harm to human remains or resources,
cultural items, uses, or activities; or
(C) impede the use of a traditional religious site
by practitioners.
(2) Information described.--Information referred to in
paragraph (1) is information received by a Federal agency--
(A) pursuant to this title relating to--
(i) the location, character, or ownership
of human remains of a person of Indian
ancestry; or
(ii) resources, cultural items, uses, or
activities identified by an Indian Tribe as
traditional or cultural because of the long-
established significance or ceremonial nature
to the Indian Tribe; or
(B) pursuant to the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et
seq.).
SEC. 15205. WILDLIFE MOVEMENTS GRANT PROGRAM.
(a) In General.--The Secretary shall establish a wildlife movements
grant program (referred to in this section as the ``grant program'') to
encourage wildlife movement in accordance with this subsection.
(b) Grants.--Beginning not later than 2 years after the date of
enactment of this Act, the Secretary, based on recommendations from the
National Coordination Committee under section 11306(e)(2)(C), shall
make grants to one or more projects that--
(1) are a regional priority project identified by a
regional wildlife movement council;
(2) satisfy the purposes described in section 11201(b); and
(3) increase connectivity for native species.
(c) Eligible Recipients.--A person that is eligible to receive a
grant under the grant program is--
(1) a voluntary private landowner or group of landowners;
(2) a State fish and wildlife agency or other State agency
responsible for managing natural resources and wildlife;
(3) an Indian Tribe;
(4) a unit of local government;
(5) an agricultural cooperative;
(6) water, irrigation, or rural water districts or
associations, or other organizations with water delivery
authority (including acequias and land grant communities in the
State of New Mexico);
(7) institutions of higher education;
(8) an entity approved for a grant by a regional wildlife
movement council; and
(9) any group of entities described in paragraphs (1)
through (8).
(d) Requirements.--In administering the grant program, the
Secretary shall use the criteria, guidelines, contracts, reporting
requirements, and evaluation metrics developed by the National
Coordination Committee under subparagraphs (A) and (B) of section
11306(e)(2).
SEC. 15206. NATIONAL COORDINATION COMMITTEE.
(a) Establishment.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish a committee, to be
known as the ``National Coordination Committee''.
(b) Administrative Support.--The Secretary shall provide
administrative support for the National Coordination Committee.
(c) Membership.--The National Coordination Committee shall be
composed of--
(1) the Secretary (or a designee);
(2) the Secretary of Transportation (or a designee);
(3) the Secretary of Agriculture (or a designee);
(4) the Secretary of Commerce (or a designee);
(5) the Director of the Bureau of Indian Affairs (or a
designee);
(6) the Executive Director of the Association of Fish and
Wildlife Agencies (or a designee);
(7) two representatives of intertribal organizations, to be
appointed by the Secretary;
(8) the chairperson of each regional wildlife movement
council (or a designee); and
(9) not more than three representatives of nongovernmental,
science, or academic organizations with expertise in wildlife
conservation and habitat connectivity, to be appointed by the
Secretary in a manner that ensures that the membership of the
National Coordination Committee is fair and balanced.
(d) Chairperson.--The National Coordination Committee shall select
a Chairperson and Vice Chairperson from among the members of the
National Coordination Committee.
(e) Duties.--The National Coordination Committee--
(1) shall establish standards for regional wildlife
movement plans to allow for better cross-regional
collaboration; and
(2) shall, with respect to the wildlife movements grant
program under section 11305--
(A) establish criteria and develop guidelines for
the solicitation of applications for grants by regional
wildlife movement councils;
(B) develop standardized contracts, reporting
requirements, and evaluation metrics for grant
recipients; and
(C) make recommendations annually to the Secretary
for the selection of grant recipients on the basis of
the ranked lists of regional priority projects received
from the regional wildlife movement councils under
section 11307(c)(4) that are consistent with the
purposes described in section 11201(b).
(f) Applicability of Faca.--Except as otherwise provided in this
section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply
to the National Coordination Committee.
SEC. 15207. REGIONAL WILDLIFE MOVEMENT COUNCILS.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish not less than 4
regional wildlife movement councils with separate geographic
jurisdictions that encompass the entire United States.
(b) Membership.--
(1) In general.--Each regional wildlife movement council
shall be composed of--
(A) the director of each State fish and wildlife
agency within the jurisdiction of the regional wildlife
movement council (or a designee);
(B) balanced representation from Tribal governments
within the jurisdiction of the regional wildlife
movement council;
(C) to serve as a Federal agency liaison and
nonvoting, ex officio member--
(i) the Director of the United States Fish
and Wildlife Service (or a designee); or
(ii) the director of any applicable
regional office of the United States Fish and
Wildlife Service (or a designee);
(D) not more than three representatives of
nongovernmental, science, or academic organizations
with expertise in native species conservation and the
habitat connectivity needs of the region covered by the
regional wildlife movement council; and
(E) not more than three voluntary representatives
of private landowners with property in the applicable
region, not less than one of whom shall be a farmer or
rancher.
(2) Requirements.--
(A) Membership.--The Secretary shall ensure that
the membership of each regional wildlife movement
council is fair and balanced in terms of expertise and
perspectives represented.
(B) Expertise.--Each regional wildlife movement
council shall include experts in ecological
connectivity, native species ecology, and ecological
adaptation.
(3) Chairperson.--Each regional wildlife movement council
shall select a Chairperson from among the members of the
regional wildlife movement council.
(c) Duties.--Each regional wildlife movement council shall--
(1) not later than 2 years after the date of establishment
of the regional wildlife movement council and in accordance
with any standards established by the National Coordination
Committee, prepare and submit to the Secretary and the National
Coordination Committee a regional wildlife movement plan that
maintains natural wildlife movement by identifying research
priorities and data needs for the Database that is revised,
amended, or updated not less frequently than once every 5
years;
(2) provide for public engagement, including engagement of
Indian Tribes, at appropriate times and in appropriate
locations in the region covered by the regional wildlife
movement council, to allow all interested persons an
opportunity to be heard in the development and implementation
of a regional wildlife movement plan under paragraph (1);
(3) solicit applications for wildlife movement grants under
section 11305 in accordance with the criteria and guidelines
established by the National Coordination Council under section
11306(e)(2)(A);
(4) in accordance with the criteria and guidelines
established under section 11306(e)(2)(A), submit to the
National Coordination Committee an annual list of regional
priority projects, in ranked order, for wildlife movements
grants under section 11305 to maintain wildlife movements in
the area under the jurisdiction of the regional wildlife
movement council; and
(5) submit to the Secretary and the National Coordination
Committee, and make publicly available, an annual report
describing the activities of the regional wildlife movement
council.
(d) Coordination.--If applicable, to increase habitat connectivity
between designated Federal land and water and non-Federal land and
water, a regional wildlife movement council shall coordinate with--
(1) Federal agencies;
(2) Indian Tribes;
(3) regional fishery management councils established under
section 302(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(a));
(4) migratory bird joint ventures partnerships recognized
by the United States Fish and Wildlife Service with respect to
migratory bird species;
(5) State fish and wildlife agencies;
(6) regional associations of fish and wildlife agencies;
(7) nongovernmental organizations;
(8) applicable voluntary private landowners;
(9) the National Coordination Committee;
(10) fish habitat partnerships;
(11) other regional wildlife movement councils with respect
to crossregional projects;
(12) international wildlife management entities with
respect to transboundary species in accordance with trade
policies of the United States; and
(13) Federal and State transportation agencies.
(e) Applicability of Faca.--Except as otherwise provided in this
section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply
to the regional wildlife movement councils.
SEC. 15208. NATIONAL WILDLIFE CORRIDORS DATABASE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Director of the United States Geological
Survey (referred to in this section as the ``Director''), in
consultation with the National Coordination Committee and the regional
wildlife movement councils, shall establish a database, to be known as
the ``National Wildlife Corridors Database''.
(b) Contents.--
(1) In general.--The Database shall--
(A) include maps, data, models, surveys, and
descriptions of native species habitats, wildlife
movements, and corridors that have been developed by
Federal agencies that pertain to Federal land and
water;
(B) include maps, models, analyses, and
descriptions of projected shifts in habitats, wildlife
movements, and corridors of native species in response
to climate change or other environmental factors;
(C) reflect the best scientific data and
information available; and
(D) in accordance with the requirements of the
Geospatial Data Act of 2018 (Public Law 115-254), have
the data, models, and analyses included in the Database
available at scales useful to State, Tribal, local, and
Federal agency decisionmakers and the public.
(c) Requirements.--Subject to subsection (d), the Director, in
collaboration with the National Coordination Committee, the regional
wildlife movement councils, and the Administrator of the National
Oceanic and Atmospheric Administration, shall--
(1) design the Database to support State, Tribal, local,
voluntary private landowner, and Federal agency decisionmakers
and the public with data that will allow those entities--
(A) to prioritize and target natural resource
adaptation strategies and enhance existing State and
Tribal corridor protections;
(B) to assess the impacts of proposed energy,
water, transportation, and transmission projects, and
other development activities, and to avoid, minimize,
and mitigate the impacts of those projects and
activities on National Wildlife Corridors;
(C) to assess the impact of new and existing
development on native species habitats and National
Wildlife Corridors; and
(D) to develop strategies that promote habitat
connectivity to allow native species to move--
(i) to meet biological and ecological
needs;
(ii) to adjust to shifts in habitat; and
(iii) to adapt to climate change;
(2) establish a coordination process among Federal agencies
to update maps and other information with respect to
landscapes, seascapes, native species habitats and ranges,
habitat connectivity, National Wildlife Corridors, and wildlife
movement changes as information based on new scientific data
becomes available; and
(3) not later than 5 years after the date of enactment of
this Act, and not less frequently than once every 5 years
thereafter, develop, submit a report to the Secretary and the
appropriate committees of Congress, and make publicly available
a report, that, with respect to the Database--
(A) outlines the categories for data that may be
included in the Database;
(B) outlines the data protocols and standards for
each category of data in the Database;
(C) identifies gaps in native species habitat and
National Wildlife Corridor information;
(D) prioritizes research and future data collection
activities for use in updating the Database; and
(E) evaluates and quantifies the efficacy of the
Database to meet the needs of the entities described in
paragraph (1).
(d) Proprietary Interests and Protected Information.--In developing
the Database, the Director shall--
(1) as applicable, protect proprietary interests with
respect to any licensed information, licensed data, and other
items contained in the Database; and
(2) protect information in the Database with respect to the
habitats and ranges of specific native species to prevent
poaching, illegal taking and trapping, and other related
threats to native species.
TITLE III--FUNDING
SEC. 15301. AUTHORIZATION OF APPROPRIATIONS.
(a) National Wildlife Corridor System.--There are authorized to be
appropriated to carry out title I for fiscal year 2020 and each fiscal
year thereafter--
(1) to the Secretary, $7,500,000;
(2) to the Secretary of Agriculture, $3,000,000;
(3) to the Secretary of Commerce, $3,000,000; and
(4) to the Secretary of Transportation, $3,000,000.
(b) Tribal Wildlife Corridors.--There is authorized to be
appropriated to carry out title II $5,000,000 for fiscal year 2020 and
each fiscal year thereafter.
(c) Wildlife Movements Grant Program and Regional Wildlife Movement
Councils.--
(1) Wildlife movement grant program.--
(A) In general.--There is authorized to be
appropriated to the Secretary to carry out the wildlife
movements grant program under section 11305 $50,000,000
for fiscal year 2022 and each fiscal year thereafter.
(B) Requirements.--Amounts appropriated under
subparagraph (A) may be used to complement or match
other Federal or non-Federal funding received by the
projects funded by those grants.
(C) Administrative support.--Not more than 5
percent of amounts appropriated under subparagraph (A)
may be used for administrative support.
(2) Regional wildlife movement councils.--
(A) In general.--There is authorized to be
appropriated to the Secretary to provide support for
the regional wildlife movement councils to carry out
section 11307 $1,000,000 for fiscal year 2020 and each
fiscal year thereafter.
(B) Equal division.--Amounts appropriated under
subparagraph (A) shall be proportionally divided
between each regional wildlife movement council.
(d) National Wildlife Corridors Database.--There are authorized to
be appropriated to the Secretary to carry out section 11308--
(1) $3,000,000 for fiscal year 2020; and
(2) $1,500,000 for fiscal year 2021 and each fiscal year
thereafter.
DIVISION L--COMMUNITY RESILIENCE AND RESTORATION FUND
SEC. 16101. DEFINITIONS.
For purposes of this division:
(1) Eligible entity.--The term ``eligible entity'' means a
Federal agency, State, the District of Columbia, a territory of
the United States, a unit of local government, an Indian Tribe,
a non-profit organization, or an accredited institution of
higher education.
(2) Eligible projects and activities.--The term ``eligible
projects and activities'' means projects and activities carried
out by an eligible entity on public lands, tribal lands, or
private land, or any combination thereof, to further the
purposes for which the Fund is established, including planning
and capacity building and projects and activities carried out
in coordination with Federal, State, or tribal departments or
agencies, or any department or agency of a subdivision of a
State.
(3) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation established under the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701
et seq.).
(4) Fund.--The term ``Fund'' means the Community Resilience
and Restoration Fund established under this Act.
(5) Indian tribe.--The term ``Indian Tribe'' means the
governing body of any individually identified and federally
recognized Indian or Alaska Native Tribe, band, nation, pueblo,
village, community, affiliated Tribal group, or component
reservation in the list published pursuant to section 104(a) of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131(a)).
(6) Restoration and resilience lands.--The term
``restoration and resilience lands'' means fish, wildlife, and
plant habitats, and other important natural areas in the United
States, on public lands, private land (after obtaining proper
consent from the landowner), or land of Indian Tribes,
including: grasslands, shrublands, prairies, chapparal lands,
forest lands, deserts, and riparian or wetland areas within or
adjacent to these ecosystems.
(7) Public lands.--The term ``public lands'' means lands
owned or controlled by the United States or any of its
agencies, with the cooperation of the agency having
jurisdiction thereof.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(9) State.--The term ``State'' means a State of the United
States, the District of Columbia, any Indian tribe, and any
commonwealth, territory, or possession of the United States.
SEC. 16102. ESTABLISHMENT OF FUND.
Not later than 180 days after the date of enactment of this
division, the Secretary shall enter into a cooperative agreement with
the Foundation to establish the Fund at the Foundation to--
(1) to protect, conserve, and restore restoration and
resilience lands, in order to help communities respond and
adapt to natural threats, including those posed by the impacts
of global climate change.
(2) to build the resilience of restoration and resilience
lands to adapt to, recover from, and withstand natural threats,
including those posed by the impacts of global climate change;
(3) to protect and enhance the biodiversity of wildlife
populations across restoration and resilience lands;
(4) to support the health of restoration and resilience
lands for the benefit of present and future generations;
(5) to foster innovative, nature-based solutions that help
meet the goals of this section; and
(6) to enhance the nation's natural carbon sequestration
capabilities and help communities strengthen natural carbon
sequestration capacity where applicable.
SEC. 16103. MANAGEMENT OF THE FUND.
The Foundation shall manage the Fund--
(1) pursuant to the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.); and
(2) in such a manner that, to the greatest extent
practicable and consistent with the purposes for which the Fund
is established--
(A) ensures that amounts made available through the
Fund are accessible to historically underserved
communities, including Tribal communities, communities
of color, and rural communities; and
(B) avoids project selection and funding overlap
with those projects and activities that could otherwise
receive funding under--
(i) the National Oceans and Coastal
Security Fund, established under the National
Oceans and Coastal Security Act (16 U.S.C.
7501); or
(ii) other coastal management focused
programs.
SEC. 16104. COMPETITIVE GRANTS.
(a) In General.--To the extent amounts are available in the Fund,
the Foundation shall award grants to eligible entities through a
competitive grant process in accordance with procedures established
pursuant to the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701 et seq.) to carry out eligible projects and activities,
including planning eligible projects and activities.
(b) Proposals.--The Foundation, in coordination with the Secretary,
shall establish requirements for proposals for competitive grants under
this section.
SEC. 16105. USE OF AMOUNTS IN THE FUND.
(a) Planning.--Not less than 8 percent of amounts appropriated
annually to the Fund may be used to plan eligible projects and
activities, including capacity building.
(b) Administrative Costs.--Not more than 4 percent of amounts
appropriated annually to the Fund may be used by the Foundation for
administrative expenses of the Fund or administration of competitive
grants offered under the Fund.
(c) Priority.--Not less than $10,000,000 shall be awarded annually
to support eligible projects and activities for Indian Tribes.
SEC. 16106. REPORTS.
(a) Annual Reports.--Beginning at the end the first full fiscal
year after the date of enactment of this division, and not later than
60 days after the end of each fiscal year in which amounts are
deposited into the Fund, the Foundation shall submit to the Secretary a
report on the operation of the Fund including--
(1) an accounting of expenditures made under the Fund,
including leverage and match where applicable;
(2) an accounting of any grants made under the Fund,
including a list of recipients and a brief description of each
project and its purposes and goals; and
(3) measures and metrics to track benefits created by
grants administered under the Fund, including enhanced
biodiversity, water quality, natural carbon sequestration, and
resilience.
(b) 5-Year Reports.--Not later than 90 days after the end of the
fifth full fiscal year after the date of enactment of this division,
and not later than 90 days after the end every fifth fiscal year
thereafter, the Foundation shall submit to the Secretary a report
containing--
(1) a description of any socioeconomic, biodiversity,
community resilience, or climate resilience or mitigation
(including natural carbon sequestration), impacts generated by
projects funded by grants awarded by the Fund, including
measures and metrics illustrating these impacts;
(2) a description of land health benefits derived from
projects funded by grants awarded by the Fund, including an
accounting of--
(A) lands treated for invasive species;
(B) lands treated for wildfire threat reduction,
including those treated with controlled burning or
other natural fire-management techniques; and
(C) lands restored either from wildfire or other
forms or degradation, including over-grazing and
sedimentation;
(3) key findings for Congress, including any recommended
changes to the authorization or purposes of the Fund;
(4) best practices for other Federal agencies in the
administration of funds intended for land and habitat
restoration;
(5) information on the use and outcome of funds
specifically set aside for planning and capacity building
pursuant to section 6; and
(6) any other information that the Foundation considers
relevant.
(c) Submission of Reports to Congress.--Not later than 10 days
after receiving a report under this section, the Secretary shall submit
the report to the Committee on Natural Resources of the House of
Representatives and the Committee on Environment and Public Works of
the Senate.
SEC. 16107. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the Fund
$100,000,000 for each of fiscal years 2022 through 2027 to carry out
this division.
DIVISION M--CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR
SEC. 17101. CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR.
Title XVI of the Energy Policy Act of 2005 (Public Law 109-58, as
amended) is amended by adding at the end the following new subtitle:
``Subtitle C--Clean Energy and Sustainability Accelerator
``SEC. 1621. DEFINITIONS.
``In this subtitle:
``(1) Accelerator.--The term `Accelerator' means the Clean
Energy and Sustainability Accelerator established under section
1622.
``(2) Board.--The term `Board' means the Board of Directors
of the Accelerator.
``(3) Chief executive officer.--The term `chief executive
officer' means the chief executive officer of the Accelerator.
``(4) Climate-impacted communities.--The term `climate-
impacted communities' includes--
``(A) communities of color, which include any
geographically distinct area the population of color of
which is higher than the average population of color of
the State in which the community is located;
``(B) communities that are already or are likely to
be the first communities to feel the direct negative
effects of climate change;
``(C) distressed neighborhoods, demonstrated by
indicators of need, including poverty, childhood
obesity rates, academic failure, and rates of juvenile
delinquency, adjudication, or incarceration;
``(D) low-income communities, defined as any census
block group in which 30 percent or more of the
population are individuals with low income;
``(E) low-income households, defined as a household
with annual income equal to, or less than, the greater
of--
``(i) an amount equal to 80 percent of the
median income of the area in which the
household is located, as reported by the
Department of Housing and Urban Development;
and
``(ii) 200 percent of the Federal poverty
line;
``(F) Tribal communities;
``(G) persistent poverty counties, defined as any
county that has had a poverty rate of 20 percent or
more for the past 30 years as measured by the 2000,
2010, and 2020 decennial censuses;
``(H) communities disproportionately affected by
environmental pollution and other hazards that can lead
to negative public health effects; and
``(I) communities that are economically reliant on
fossil fuel-based industries.
``(5) Climate resilient infrastructure.--The term `climate
resilient infrastructure' means any project that builds or
enhances infrastructure so that such infrastructure--
``(A) is planned, designed, and operated in a way
that anticipates, prepares for, and adapts to changing
climate conditions; and
``(B) can withstand, respond to, and recover
rapidly from disruptions caused by these climate
conditions.
``(6) Electrification.--The term `electrification' means
the installation, construction, or use of end-use electric
technology that replaces existing fossil-fuel-based technology.
``(7) Energy efficiency.--The term `energy efficiency'
means any project, technology, function, or measure that
results in the reduction of energy use required to achieve the
same level of service or output prior to the application of
such project, technology, function, or measure, or
substantially reduces greenhouse gas emissions relative to
emissions that would have occurred prior to the application of
such project, technology, function, or measure.
``(8) Fuel switching.--The term `fuel switching' means any
project that replaces a fossil-fuel-based heating system with
an electric-powered system or one powered by biomass-generated
heat.
``(9) Green bank.--The term `green bank' means a dedicated
public or nonprofit specialized finance entity that--
``(A) is designed to drive private capital into
market gaps for low- and zero-emission goods and
services;
``(B) uses finance tools to mitigate climate
change;
``(C) does not take deposits;
``(D) is funded by government, public, private, or
charitable contributions; and
``(E) invests or finances projects--
``(i) alone; or
``(ii) in conjunction with other investors.
``(10) Qualified projects.--The terms `qualified projects'
means the following kinds of technologies and activities that
are eligible for financing and investment from the Clean Energy
and Sustainability Accelerator, either directly or through
State, Territorial, and local green banks funded by the Clean
Energy and Sustainability Accelerator:
``(A) Renewable energy generation, including the
following:
``(i) Solar.
``(ii) Wind.
``(iii) Geothermal.
``(iv) Hydropower.
``(v) Ocean and hydrokinetic.
``(vi) Fuel cell.
``(B) Building energy efficiency, fuel switching,
and electrification.
``(C) Industrial decarbonization.
``(D) Grid technology such as transmission,
distribution, and storage to support clean energy
distribution, including smart-grid applications.
``(E) Agriculture and forestry projects that reduce
net greenhouse gas emissions.
``(F) Clean transportation, including the
following:
``(i) Battery electric vehicles.
``(ii) Plug-in hybrid electric vehicles.
``(iii) Hydrogen vehicles.
``(iv) Other zero-emissions fueled
vehicles.
``(v) Related vehicle charging and fueling
infrastructure.
``(G) Climate resilient infrastructure.
``(H) Any other key areas identified by the Board
as consistent with the mandate of the Accelerator as
described in section 1623.
``(11) Renewable energy generation.--The term `renewable
energy generation' means electricity created by sources that
are continually replenished by nature, such as the sun, wind,
and water.
``SEC. 1622. ESTABLISHMENT.
``(a) In General.--Not later than 1 year after the date of
enactment of this subtitle, there shall be established a nonprofit
corporation to be known as the Clean Energy and Sustainability
Accelerator.
``(b) Limitation.--The Accelerator shall not be an agency or
instrumentality of the Federal Government.
``(c) Full Faith and Credit.--The full faith and credit of the
United States shall not extend to the Accelerator.
``(d) Nonprofit Status.--The Accelerator shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``SEC. 1623. MANDATE.
``The Accelerator shall make the United States a world leader in
combating the causes and effects of climate change through the rapid
deployment of mature technologies and scaling of new technologies by
maximizing the reduction of emissions in the United States for every
dollar deployed by the Accelerator, including by--
``(1) providing financing support for investments in the
United States in low- and zero-emissions technologies and
processes in order to rapidly accelerate market penetration;
``(2) catalyzing and mobilizing private capital through
Federal investment and supporting a more robust marketplace for
clean technologies, while avoiding competition with private
investment;
``(3) enabling climate-impacted communities to benefit from
and afford projects and investments that reduce emissions;
``(4) providing support for workers and communities
impacted by the transition to a low-carbon economy;
``(5) supporting the creation of green banks within the
United States where green banks do not exist; and
``(6) causing the rapid transition to a clean energy
economy without raising energy costs to end users and seeking
to lower costs where possible.
``SEC. 1624. FINANCE AND INVESTMENT DIVISION.
``(a) In General.--There shall be within the Accelerator a finance
and investment division, which shall be responsible for--
``(1) the Accelerator's greenhouse gas emissions mitigation
efforts by directly financing qualifying projects or doing so
indirectly by providing capital to State, Territorial, and
local green banks;
``(2) originating, evaluating, underwriting, and closing
the Accelerator's financing and investment transactions in
qualified projects;
``(3) partnering with private capital providers and capital
markets to attract coinvestment from private banks, investors,
and others in order to drive new investment into
underpenetrated markets, to increase the efficiency of private
capital markets with respect to investing in greenhouse gas
reduction projects, and to increase total investment caused by
the Accelerator;
``(4) managing the Accelerator's portfolio of assets to
ensure performance and monitor risk;
``(5) ensuring appropriate debt and risk mitigation
products are offered; and
``(6) overseeing prudent, noncontrolling equity
investments.
``(b) Products and Investment Types.--The finance and investment
division of the Accelerator may provide capital to qualified projects
in the form of--
``(1) senior, mezzanine, and subordinated debt;
``(2) credit enhancements including loan loss reserves and
loan guarantees;
``(3) aggregation and warehousing;
``(4) equity capital; and
``(5) any other financial product approved by the Board.
``(c) State, Territorial, and Local Green Bank Capitalization.--The
finance and investment division of the Accelerator shall make capital
available to State, Territorial, and local green banks to enable such
banks to finance qualifying projects in their markets that are better
served by a locally based entity, rather than through direct investment
by the Accelerator.
``(d) Investment Committee.--The debt, risk mitigation, and equity
investments made by the Accelerator shall be--
``(1) approved by the investment committee of the Board;
and
``(2) consistent with an investment policy that has been
established by the investment committee of the Board in
consultation with the risk management committee of the Board.
``SEC. 1625. START-UP DIVISION.
``There shall be within the Accelerator a Start-up Division, which
shall be responsible for providing technical assistance and start-up
funding to States and other political subdivisions that do not have
green banks to establish green banks in those States and political
subdivisions, including by working with relevant stakeholders in those
States and political subdivisions.
``SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE FINANCING
PROGRAM.
``Not later than 1 year after the date of establishment of the
Accelerator, the Accelerator shall explore the establishment of a
program to provide low- and zero-interest loans, up to 30 years in
length, to any school, metropolitan planning organization, or nonprofit
organization seeking financing for the acquisition of zero-emissions
vehicle fleets or associated infrastructure to support zero-emissions
vehicle fleets.
``SEC. 1627. PROJECT PRIORITIZATION AND REQUIREMENTS.
``(a) Emissions Reduction Mandate.--In investing in projects that
mitigate greenhouse gas emissions, the Accelerator shall maximize the
reduction of emissions in the United States for every dollar deployed
by the Accelerator.
``(b) Environmental Justice Prioritization.--
``(1) In general.--In order to address environmental
justice needs, the Accelerator shall, as applicable, prioritize
the provision of program benefits and investment activity that
are expected to directly or indirectly result in the deployment
of projects to serve, as a matter of official policy, climate-
impacted communities.
``(2) Minimum percentage.--The Accelerator shall ensure
that over the 30-year period of its charter 40 percent of its
investment activity is directed to serve climate-impacted
communities.
``(c) Consumer Protection.--
``(1) Prioritization.--Consistent with the mandate under
section 1623 to maximize the reduction of emissions in the
United States for every dollar deployed by the Accelerator, the
Accelerator shall prioritize qualified projects according to
benefits conferred on consumers and affected communities.
``(2) Consumer credit protection.--The Accelerator shall
ensure that any residential energy efficiency or distributed
clean energy project in which the Accelerator invests directly
or indirectly complies with the requirements of the Consumer
Credit Protection Act (15 U.S.C. 1601 et seq.), including, in
the case of a financial product that is a residential mortgage
loan, any requirements of title I of that Act relating to
residential mortgage loans (including any regulations
promulgated by the Bureau of Consumer Financial Protection
under section 129C(b)(3)(C) of that Act (15 U.S.C.
1639c(b)(3)(C))).
``(d) Labor.--
``(1) In general.--The Accelerator shall ensure that
laborers and mechanics employed by contractors and
subcontractors in construction work financed directly by the
Accelerator will be paid wages not less than those prevailing
on similar construction in the locality, as determined by the
Secretary of Labor under sections 3141 through 3144, 3146, and
3147 of title 40, United States Code.
``(2) Project labor agreement.--The Accelerator shall
ensure that projects financed directly by the Accelerator with
total capital costs of $100,000,000 or greater utilize a
project labor agreement.
``SEC. 1628. EXPLORATION OF ACCELERATED CLEAN ENERGY TRANSITION
PROGRAM.
``Not later than 1 year after the date on which the Accelerator is
established, the Board shall explore the establishment of an
accelerated clean energy transition program--
``(1) to expedite the transition within the power sector to
zero-emissions power generation facilities or assets; and
``(2) to simultaneously invest in local economic
development in communities affected by this transition away
from carbon-intensive facilities or assets.
``SEC. 1629. BOARD OF DIRECTORS.
``(a) In General.--The Accelerator shall operate under the
direction of a Board of Directors, which shall be composed of 7
members.
``(b) Initial Composition and Terms.--
``(1) Selection.--The initial members of the Board shall be
selected as follows:
``(A) Appointed members.--Three members shall be
appointed by the President, with the advice and consent
of the Senate, of whom no more than two shall belong to
the same political party.
``(B) Elected members.--Four members shall be
elected unanimously by the 3 members appointed and
confirmed pursuant to subparagraph (A).
``(2) Terms.--The terms of the initial members of the Board
shall be as follows:
``(A) The 3 members appointed and confirmed under
paragraph (1)(A) shall have initial 5-year terms.
``(B) Of the 4 members elected under paragraph
(1)(B), 2 shall have initial 3-year terms, and 2 shall
have initial 4-year terms.
``(c) Subsequent Composition and Terms.--
``(1) Selection.--Except for the selection of the initial
members of the Board for their initial terms under subsection
(b), the members of the Board shall be elected by the members
of the Board.
``(2) Disqualification.--A member of the Board shall be
disqualified from voting for any position on the Board for
which such member is a candidate.
``(3) Terms.--All members elected pursuant to paragraph (1)
shall have a term of 5 years.
``(d) Qualifications.--The members of the Board shall collectively
have expertise in--
``(1) the fields of clean energy, electric utilities,
industrial decarbonization, clean transportation, resiliency,
and agriculture and forestry practices;
``(2) climate change science;
``(3) finance and investments; and
``(4) environmental justice and matters related to the
energy and environmental needs of climate-impacted communities.
``(e) Restriction on Membership.--No officer or employee of the
Federal or any other level of government may be appointed or elected as
a member of the Board.
``(f) Quorum.--Five members of the Board shall constitute a quorum.
``(g) Bylaws.--
``(1) In general.--The Board shall adopt, and may amend,
such bylaws as are necessary for the proper management and
functioning of the Accelerator.
``(2) Officers.--In the bylaws described in paragraph (1),
the Board shall--
``(A) designate the officers of the Accelerator;
and
``(B) prescribe the duties of those officers.
``(h) Vacancies.--Any vacancy on the Board shall be filled through
election by the Board.
``(i) Interim Appointments.--A member elected to fill a vacancy
occurring before the expiration of the term for which the predecessor
of that member was appointed or elected shall serve for the remainder
of the term for which the predecessor of that member was appointed or
elected.
``(j) Reappointment.--A member of the Board may be elected for not
more than 1 additional term of service as a member of the Board.
``(k) Continuation of Service.--A member of the Board whose term
has expired may continue to serve on the Board until the date on which
a successor member is elected.
``(l) Chief Executive Officer.--The Board shall appoint a chief
executive officer who shall be responsible for--
``(1) hiring employees of the Accelerator;
``(2) establishing the 2 divisions of the Accelerator
described in sections 1624 and 1625; and
``(3) performing any other tasks necessary for the day-to-
day operations of the Accelerator.
``(m) Advisory Committee.--
``(1) Establishment.--The Accelerator shall establish an
advisory committee (in this subsection referred to as the
`advisory committee'), which shall be composed of not more than
13 members appointed by the Board on the recommendation of the
president of the Accelerator.
``(2) Members.--Members of the advisory committee shall be
broadly representative of interests concerned with the
environment, production, commerce, finance, agriculture,
forestry, labor, services, and State Government. Of such
members--
``(A) not fewer than 3 shall be representatives of
the small business community;
``(B) not fewer than 2 shall be representatives of
the labor community, except that no 2 members may be
from the same labor union;
``(C) not fewer than 2 shall be representatives of
the environmental nongovernmental organization
community, except that no 2 members may be from the
same environmental organization;
``(D) not fewer than 2 shall be representatives of
the environmental justice nongovernmental organization
community, except that no 2 members may be from the
same environmental organization;
``(E) not fewer than 2 shall be representatives of
the consumer protection and fair lending community,
except that no 2 members may be from the same consumer
protection or fair lending organization; and
``(F) not fewer than 2 shall be representatives of
the financial services industry with knowledge of and
experience in financing transactions for clean energy
and other sustainable infrastructure assets.
``(3) Meetings.--The advisory committee shall meet not less
frequently than once each quarter.
``(4) Duties.--The advisory committee shall--
``(A) advise the Accelerator on the programs
undertaken by the Accelerator; and
``(B) submit to the Congress an annual report with
comments from the advisory committee on the extent to
which the Accelerator is meeting the mandate described
in section 1623, including any suggestions for
improvement.
``(n) Chief Risk Officer.--
``(1) Appointment.--Subject to the approval of the Board,
the chief executive officer shall appoint a chief risk officer
from among individuals with experience at a senior level in
financial risk management, who--
``(A) shall report directly to the Board; and
``(B) shall be removable only by a majority vote of
the Board.
``(2) Duties.--The chief risk officer, in coordination with
the risk management and audit committees established under
section 1632, shall develop, implement, and manage a
comprehensive process for identifying, assessing, monitoring,
and limiting risks to the Accelerator, including the overall
portfolio diversification of the Accelerator.
``SEC. 1630. ADMINISTRATION.
``(a) Capitalization.--
``(1) In general.--To the extent and in the amounts
provided in advance in appropriations Acts, the Secretary of
Energy shall transfer to the Accelerator--
``(A) $50,000,000,000 on the date on which the
Accelerator is established under section 1622; and
``(B) $10,000,000,000 on October 1 of each of the 5
fiscal years following that date.
``(2) Authorization of appropriations.--For purposes of the
transfers under paragraph (1), there are authorized to be
appropriated such sums as may be necessary.
``(b) Charter.--The Accelerator shall establish a charter, the term
of which shall be 30 years.
``(c) Use of Funds and Recycling.--To the extent and in the amounts
provided in advance in appropriations Acts, the Accelerator--
``(1) may use funds transferred pursuant to subsection
(a)(1) to carry out this subtitle, including for operating
expenses; and
``(2) shall retain and manage all repayments and other
revenue received under this subtitle from financing fees,
interest, repaid loans, and other types of funding to carry out
this subtitle, including for--
``(A) operating expenses; and
``(B) recycling such payments and other revenue for
future lending and capital deployment in accordance
with this subtitle.
``(d) Report.--The Accelerator shall submit on a quarterly basis to
the relevant committees of Congress a report that describes the
financial activities, emissions reductions, and private capital
mobilization metrics of the Accelerator for the previous quarter.
``(e) Restriction.--The Accelerator shall not accept deposits.
``(f) Committees.--The Board shall establish committees and
subcommittees, including--
``(1) an investment committee; and
``(2) in accordance with section 1631--
``(A) a risk management committee; and
``(B) an audit committee.
``SEC. 1631. ESTABLISHMENT OF RISK MANAGEMENT COMMITTEE AND AUDIT
COMMITTEE.
``(a) In General.--To assist the Board in fulfilling the duties and
responsibilities of the Board under this subtitle, the Board shall
establish a risk management committee and an audit committee.
``(b) Duties and Responsibilities of Risk Management Committee.--
Subject to the direction of the Board, the risk management committee
established under subsection (a) shall establish policies for and have
oversight responsibility for--
``(1) formulating the risk management policies of the
operations of the Accelerator;
``(2) reviewing and providing guidance on operation of the
global risk management framework of the Accelerator;
``(3) developing policies for--
``(A) investment;
``(B) enterprise risk management;
``(C) monitoring; and
``(D) management of strategic, reputational,
regulatory, operational, developmental, environmental,
social, and financial risks; and
``(4) developing the risk profile of the Accelerator,
including--
``(A) a risk management and compliance framework;
and
``(B) a governance structure to support that
framework.
``(c) Duties and Responsibilities of Audit Committee.--Subject to
the direction of the Board, the audit committee established under
subsection (a) shall have oversight responsibility for--
``(1) the integrity of--
``(A) the financial reporting of the Accelerator;
and
``(B) the systems of internal controls regarding
finance and accounting;
``(2) the integrity of the financial statements of the
Accelerator;
``(3) the performance of the internal audit function of the
Accelerator; and
``(4) compliance with the legal and regulatory requirements
related to the finances of the Accelerator.
``SEC. 1632. OVERSIGHT.
``(a) External Oversight.--The inspector general of the Department
of Energy shall have oversight responsibilities over the Accelerator.
``(b) Reports and Audit.--
``(1) Annual report.--The Accelerator shall publish an
annual report which shall be transmitted by the Accelerator to
the President and the Congress.
``(2) Annual audit of accounts.--The accounts of the
Accelerator shall be audited annually. Such audits shall be
conducted in accordance with generally accepted auditing
standards by independent certified public accountants who are
certified by a regulatory authority of the jurisdiction in
which the audit is undertaken.
``(3) Additional audits.--In addition to the annual audits
under paragraph (2), the financial transactions of the
Accelerator for any fiscal year during which Federal funds are
available to finance any portion of its operations may be
audited by the Government Accountability Office in accordance
with such rules and regulations as may be prescribed by the
Comptroller General of the United States.''.
DIVISION N--DOMESTIC MARITIME WORKFORCE TRAINING
SEC. 18101. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE
TRAINING AND EDUCATION.
Section 54102 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``of Transportation'';
(2) in subsection (b), in the subsection heading, by
striking ``Assistance'' and inserting ``Cooperative
Agreements'';
(3) by redesignating subsection (c) as subsection (d);
(4) in subsection (d), as redesignated by paragraph (2), by
adding at the end the following:
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.''; and
(5) by inserting after subsection (b) the following:
``(c) Grant Program.--
``(1) Definition of eligible institution.--In this
subsection, the term `eligible institution' means a
postsecondary educational institution as such term is defined
in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302) that offers a 2-year
program of study, a 1-year program of training, or is a
postsecondary vocational institution.
``(2) Grant authorization.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Maritime Administration
Authorization and Improvement Act, the Secretary, in
consultation with the Secretary of Labor and the
Secretary of Education, may award maritime career
training grants to eligible institutions for the
purpose of developing, offering, or improving
educational or career training programs for American
workers related to the maritime workforce.
``(B) Guidelines.--Not later than 1 year after the
date of enactment of the Maritime Administration
Authorization and Improvement Act, the Secretary
shall--
``(i) promulgate guidelines for the
submission of grant proposals under this
subsection; and
``(ii) publish and maintain such guidelines
on the website of the Department of
Transportation.
``(3) Limitations.--The Secretary may not award a grant
under this subsection in an amount that is more than
$20,000,000.
``(4) Required information.--
``(A) In general.--An eligible institution that
desires to receive a grant under this subsection shall
submit to the Secretary a grant proposal that includes
a detailed description of--
``(i) the specific project for which the
grant proposal is submitted, including the
manner in which the grant will be used to
develop, offer, or improve an educational or
career training program that is suited to
maritime industry workers;
``(ii) the extent to which the project for
which the grant proposal is submitted will meet
the educational or career training needs of
maritime workers in the community served by the
eligible institution;
``(iii) the extent to which the project for
which the grant proposal is submitted fits
within any overall strategic plan developed by
an eligible community; and
``(iv) any previous experience of the
eligible institution in providing maritime
educational or career training programs.
``(B) Community outreach required.--In order to be
considered by the Secretary, a grant proposal submitted
by an eligible institution under this subsection
shall--
``(i) demonstrate that the eligible
institution--
``(I) reached out to employers to
identify--
``(aa) any shortcomings in
existing maritime educational
and career training
opportunities available to
workers in the community; and
``(bb) any future
employment opportunities within
the community and the
educational and career training
skills required for workers to
meet the future maritime
employment demand; and
``(II) reached out to other
similarly situated institutions in an
effort to benefit from any best
practices that may be shared with
respect to providing maritime
educational or career training programs
to workers eligible for training; and
``(ii) include a detailed description of--
``(I) the extent and outcome of the
outreach conducted under clause (i);
``(II) the extent to which the
project for which the grant proposal is
submitted will contribute to meeting
any shortcomings identified under
clause (i)(I)(aa) or any maritime
educational or career training needs
identified under clause (i)(I)(bb); and
``(III) the extent to which
employers, including small- and medium-
sized firms within the community, have
demonstrated a commitment to employing
workers who would benefit from the
project for which the grant proposal is
submitted.
``(5) Criteria for award of grants.--
``(A) In general.--Subject to the appropriation of
funds, the Secretary shall award a grant under this
subsection based on--
``(i) a determination of the merits of the
grant proposal submitted by the eligible
institution to develop, offer, or improve
maritime educational or career training
programs to be made available to workers;
``(ii) an evaluation of the likely
employment opportunities available to workers
who complete a maritime educational or career
training program that the eligible institution
proposes to develop, offer, or improve;
``(iii) an evaluation of prior demand for
training programs by workers in the community
served by the eligible institution, as well as
the availability and capacity of existing
maritime training programs to meet future
demand for training programs; and
``(iv) any prior designation of an
institution as a Center of Excellence for
Domestic Maritime Workforce Training and
Education.
``(B) Matching requirements.--A grant awarded under
this subsection may not be used to satisfy any private
matching requirement under any other provision of law.
``(6) Public report.--Not later than December 15 in each of
the calendar years 2021 through 2023, the Secretary shall make
available on a publically available website a report and
provide a briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives--
``(A) describing each grant awarded under this
subsection during the preceding fiscal year;
``(B) assessing the impact of each award of a grant
under this subsection in a fiscal year preceding the
fiscal year referred to in subparagraph (A) on workers
receiving training; and
``(C) the performance of the grant awarded with
respect to the indicators of performance under section
116(b)(2)(A)(i) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)).
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection
$200,000,000.''.
DIVISION O--EFFICIENT AND EFFECTIVE NEPA IMPLEMENTATION
SEC. 19101. EFFICIENT AND EFFECTIVE NEPA IMPLEMENTATION.
(a) Definition of Agency.--In this section, the term ``agency''
means a Federal agency eligible to receive funds under the INVEST in
America Act.
(b) Funding for the Efficient and Effective Application of NEPA.--
For the period of fiscal years 2023 through 2031, there is authorized
to be appropriated to the Chair of the Council on Environmental Quality
$150,000,000 for allocation to agencies eligible to receive funds under
the INVEST in America Act to provide for efficient and effective
environmental reviews under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) in accordance with the guidelines and
requirements established under subsection (c)(2), to remain available
until expended.
(c) Task Force.--
(1) Establishment.--The Chair of the Council on
Environmental Quality shall establish and administer a task
force, to be known as the ``Task Force to Revitalize NEPA
Implementation'' (referred to in this section as the ``Task
Force''), the membership of which may--
(A) be determined by the Chair of the Council on
Environmental Quality; and
(B) include detailees from other agencies and
personnel assigned to the Council on Environmental
Quality under subchapter VI of chapter 33 of title 5,
United States Code.
(2) Guidelines and requirements.--Not later than 180 days
after the date of enactment of this division, the Task Force
shall establish guidelines and requirements for the use of
amounts allocated to an agency under paragraph (3) that provide
for more efficient and more effective environmental reviews
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), including through the hiring and training of
additional personnel, development of programmatic assessments
or templates, procurement of technical or scientific services,
development of data or technology systems, stakeholder and
community engagement, and the purchase of new equipment.
(3) Allocation of funds.--
(A) Application.--An agency seeking to receive
amounts under this section shall submit to the Task
Force an application at such time, in such manner, and
containing such information as the Task Force shall
require, which shall include criteria and performance
measures for the implementation of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) that are established by the Task Force.
(B) Additional agencies.--The Task Force, working
with the Director of the Office of Management and
Budget, shall--
(i) identify the agencies that need
additional amounts to effectively and
efficiently carry out the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(ii) determine the additional amounts
needed by each agency identified under clause
(i).
(C) Allocation.--The Task Force shall allocate
amounts made available under subsection (b)--
(i) for the 2-year period beginning on the
date of enactment of this division, to agencies
that submit an application under subparagraph
(A); and
(ii) for the period beginning on the date
that is 2 years after the date of enactment of
this division and ending on September 30,
2026--
(I) to agencies that submit an
application under subparagraph (A); and
(II) to agencies identified under
subparagraph (B)(i).
(D) Transfer and acceptance of funds.--
(i) Transfer.--The Chair of the Council on
Environmental Quality may, to the extent
provided in advance in appropriations Acts--
(I) transfer amounts allocated to
agencies by the Task Force under
subparagraph (C) to the heads of those
agencies for use in accordance with the
guidelines and requirements established
by the Task Force under paragraph (2);
and
(II) use the amounts allocated to
the Council on Environmental Quality by
the Task Force under subparagraph (C)
in accordance with the guidelines and
requirements established by the Task
Force under paragraph (2).
(ii) Receipt and acceptance.--The head of
an agency to which amounts are transferred by
the Chair of the Council on Environmental
Quality under clause (i)(I) shall be entitled
to receive, may accept, and may use those
amounts, in accordance with the guidelines and
requirements established by the Task Force
under paragraph (2).
(4) Supplement, not supplant.--Amounts allocated to an
agency under this section shall supplement, and not supplant,
amounts otherwise made available to the agency to carry out the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this division, and annually thereafter until
amounts made available to carry out this section are expended,
the Chair of the Council on Environmental Quality shall submit
to Congress a report describing the implementation of this
section.
(2) Inclusion.--If the Task Force allocates amounts to
agencies under subsection (c)(3)(C)(ii)(II), the Chair of the
Council on Environmental Quality shall include in the
applicable report under paragraph (1) a description of--
(A) the agencies to which amounts were allocated
under that subsection; and
(B) the amounts that were allocated to those
agencies.
DIVISION P--ELECTRIC VEHICLES
TITLE I--ZERO EMISSIONS VEHICLE INFRASTRUCTURE BUILDOUT
Subtitle A--Electric Vehicle Infrastructure
SEC. 20101. DEFINITIONS.
In this subtitle:
(1) Electric vehicle supply equipment.--The term ``electric
vehicle supply equipment'' means any conductors, including
ungrounded, grounded, and equipment grounding conductors,
electric vehicle connectors, attachment plugs, and all other
fittings, devices, power outlets, or apparatuses installed
specifically for the purpose of delivering energy to an
electric vehicle.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Underserved or disadvantaged community.--The term
``underserved or disadvantaged community'' means--
(A) a community located in a ZIP code that includes
a census tract that is identified as--
(i) a low-income community; or
(ii) a community of color;
(B) a community in which climate change, pollution,
or environmental destruction have exacerbated systemic
racial, regional, social, environmental, and economic
injustices by disproportionately affecting indigenous
peoples, communities of color, migrant communities,
deindustrialized communities, depopulated rural
communities, the poor, low-income workers, women, the
elderly, the unhoused, people with disabilities, or
youth; or
(C) any other community that the Secretary
determines is disproportionately vulnerable to, or
bears a disproportionate burden of, any combination of
economic, social, and environmental stressors.
SEC. 20102. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM.
(a) Rebate Program.--Not later than January 1, 2022, the Secretary
shall establish a rebate program to provide rebates for covered
expenses associated with publicly accessible electric vehicle supply
equipment (in this section referred to as the ``rebate program'').
(b) Rebate Program Requirements.--
(1) Eligible entities.--A rebate under the rebate program
may be made to an individual, a State, local, Tribal, or
Territorial government, a private entity, a not-for-profit
entity, a nonprofit entity, or a metropolitan planning
organization.
(2) Eligible equipment.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
publish and maintain on the Department of Energy
internet website a list of electric vehicle supply
equipment that is eligible for the rebate program.
(B) Updates.--The Secretary may, by regulation, add
to, or otherwise revise, the list of electric vehicle
supply equipment under subparagraph (A) if the
Secretary determines that such addition or revision
will likely lead to--
(i) greater usage of electric vehicle
supply equipment;
(ii) greater access to electric vehicle
supply equipment by users; or
(iii) an improved experience for users of
electric vehicle supply equipment, including
accessibility in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.).
(C) Location requirement.--To be eligible for the
rebate program, the electric vehicle supply equipment
described in subparagraph (A) shall be installed--
(i) in the United States;
(ii) on property--
(I) owned by the eligible entity
under paragraph (1); or
(II) on which the eligible entity
under paragraph (1) has authority to
install electric vehicle supply
equipment; and
(iii) at a location that is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a
minimum of 12 hours per day;
(3) Application.--
(A) In general.--An eligible entity under paragraph
(1) may submit to the Secretary an application for a
rebate under the rebate program. Such application shall
include--
(i) the estimated cost of covered expenses
to be expended on the electric vehicle supply
equipment that is eligible under paragraph (2);
(ii) the estimated installation cost of the
electric vehicle supply equipment that is
eligible under paragraph (2);
(iii) the global positioning system
location, including the integer number of
degrees, minutes, and seconds, where such
electric vehicle supply equipment is to be
installed, and identification of whether such
location is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a
minimum of 12 hours per day;
(iv) the technical specifications of such
electric vehicle supply equipment, including
the maximum power voltage and amperage of such
equipment;
(v) an identification of any existing
electric vehicle supply equipment that--
(I) is available to the public for
a minimum of 12 hours per day; and
(II) is not further than 50 miles
from the global positioning system
location identified under clause (iii);
and
(vi) any other information determined by
the Secretary to be necessary for a complete
application.
(B) Review process.--The Secretary shall review an
application for a rebate under the rebate program and
approve an eligible entity under paragraph (1) to
receive such rebate if the application meets the
requirements of the rebate program under this
subsection.
(C) Notification to eligible entity.--Not later
than 1 year after the date on which the eligible entity
under paragraph (1) applies for a rebate under the
rebate program, the Secretary shall notify the eligible
entity whether the eligible entity will be awarded a
rebate under the rebate program following the
submission of additional materials required under
paragraph (5).
(4) Rebate amount.--
(A) In general.--Except as provided in subparagraph
(B), the amount of a rebate made under the rebate
program for each charging unit shall be the lesser of--
(i) 75 percent of the applicable covered
expenses;
(ii) $2,000 for covered expenses associated
with the purchase and installation of non-
networked level 2 charging equipment;
(iii) $4,000 for covered expenses
associated with the purchase and installation
of networked level 2 charging equipment; or
(iv) $100,000 for covered expenses
associated with the purchase and installation
of networked direct current fast charging
equipment.
(B) Rebate amount for replacement equipment.--A
rebate made under the rebate program for replacement of
pre-existing electric vehicle supply equipment at a
single location shall be the lesser of--
(i) 75 percent of the applicable covered
expenses;
(ii) $1,000 for covered expenses associated
with the purchase and installation of non-
networked level 2 charging equipment;
(iii) $2,000 for covered expenses
associated with the purchase and installation
of networked level 2 charging equipment; or
(iv) $25,000 for covered expenses
associated with the purchase and installation
of networked direct current fast charging
equipment.
(5) Disbursement of rebate.--
(A) In general.--The Secretary shall disburse a
rebate under the rebate program to an eligible entity
under paragraph (1), following approval of an
application under paragraph (3), if such entity submits
the materials required under subparagraph (B).
(B) Materials required for disbursement of
rebate.--Not later than one year after the date on
which the eligible entity under paragraph (1) receives
notice under paragraph (3)(C) that the eligible entity
has been approved for a rebate, such eligible entity
shall submit to the Secretary the following--
(i) a record of payment for covered
expenses expended on the installation of the
electric vehicle supply equipment that is
eligible under paragraph (2);
(ii) a record of payment for the electric
vehicle supply equipment that is eligible under
paragraph (2);
(iii) the global positioning system
location of where such electric vehicle supply
equipment was installed and identification of
whether such location is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a
minimum of 12 hours per day;
(iv) the technical specifications of the
electric vehicle supply equipment that is
eligible under paragraph (2), including the
maximum power voltage and amperage of such
equipment; and
(v) any other information determined by the
Secretary to be necessary.
(C) Agreement to maintain.--To be eligible for a
rebate under the rebate program, an eligible entity
under paragraph (1) shall enter into an agreement with
the Secretary to maintain the electric vehicle supply
equipment that is eligible under paragraph (2) in a
satisfactory manner for not less than 5 years after the
date on which the eligible entity under paragraph (1)
receives the rebate under the rebate program.
(D) Exception.--The Secretary shall not disburse a
rebate under the rebate program if materials submitted
under subparagraph (B) do not meet the same global
positioning system location and technical
specifications for the electric vehicle supply
equipment that is eligible under paragraph (2) provided
in an application under paragraph (3).
(6) Multi-port chargers.--An eligible entity under
paragraph (1) shall be awarded a rebate under the rebate
program for covered expenses relating to the purchase and
installation of a multi-port charger based on the number of
publicly accessible charging ports, with each subsequent port
after the first port being eligible for 50 percent of the full
rebate amount.
(7) Networked direct current fast charging.--Of amounts
appropriated to carry out the rebate program, not more than 40
percent may be used for rebates of networked direct current
fast charging equipment.
(8) Hydrogen fuel cell refueling infrastructure.--Hydrogen
refueling equipment shall be eligible for a rebate under the
rebate program as though it were networked direct current fast
charging equipment. All requirements related to public
accessibility of installed locations shall apply.
(9) Report.--Not later than 3 years after the first date on
which the Secretary awards a rebate under the rebate program,
the Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report of the
number of rebates awarded for electric vehicle supply equipment
and hydrogen fuel cell refueling equipment in each of the
location categories described in paragraph (2)(C)(iii).
(c) Definitions.--In this section:
(1) Covered expenses.--The term ``covered expenses'' means
an expense that is associated with the purchase and
installation of electric vehicle supply equipment, including--
(A) the cost of electric vehicle supply equipment;
(B) labor costs associated with the installation of
such electric vehicle supply equipment, only if wages
for such labor are paid at rates not less than those
prevailing on similar labor in the locality of
installation, as determined by the Secretary of Labor
under subchapter IV of chapter 31 of title 40, United
States Code (commonly referred to as the ``Davis-Bacon
Act'');
(C) material costs associated with the installation
of such electric vehicle supply equipment, including
expenses involving electrical equipment and necessary
upgrades or modifications to the electrical grid and
associated infrastructure required for the installation
of such electric vehicle supply equipment;
(D) permit costs associated with the installation
of such electric vehicle supply equipment; and
(E) the cost of an on-site energy storage system.
(2) Electric vehicle.--The term ``electric vehicle'' means
a vehicle that derives all or part of its power from
electricity.
(3) Multi-port charger.--The term ``multi-port charger''
means electric vehicle supply equipment capable of charging
more than one electric vehicle.
(4) Level 2 charging equipment.--The term ``level 2
charging equipment'' means electric vehicle supply equipment
that provides an alternating current power source at a minimum
of 208 volts.
(5) Networked direct current fast charging equipment.--The
term ``networked direct current fast charging equipment'' means
electric vehicle supply equipment that provides a direct
current power source at a minimum of 50 kilowatts and is
enabled to connect to a network to facilitate data collection
and access.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2022 through 2026.
SEC. 20103. MODEL BUILDING CODE FOR ELECTRIC VEHICLE SUPPLY EQUIPMENT.
(a) Review.--The Secretary shall review proposed or final model
building codes for--
(1) integrating electric vehicle supply equipment into
residential and commercial buildings that include space for
individual vehicle or fleet vehicle parking; and
(2) integrating onsite renewable power equipment and
electric storage equipment (including electric vehicle
batteries to be used for electric storage) into residential and
commercial buildings.
(b) Technical Assistance.--The Secretary shall provide technical
assistance to stakeholders representing the building construction
industry, manufacturers of electric vehicles and electric vehicle
supply equipment, State and local governments, and any other persons
with relevant expertise or interests to facilitate understanding of the
model code and best practices for adoption by jurisdictions.
SEC. 20104. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDINATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary, acting through the Assistant Secretary of
the Office of Electricity Delivery and Energy Reliability (including
the Smart Grid Task Force), shall convene a group to assess progress in
the development of standards necessary to--
(1) support the expanded deployment of electric vehicle
supply equipment;
(2) develop an electric vehicle charging network to provide
reliable charging for electric vehicles nationwide, taking into
consideration range anxiety and the location of charging
infrastructure to ensure an electric vehicle can travel
throughout the United States without losing a charge; and
(3) ensure the development of such network will not
compromise the stability and reliability of the electric grid.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall provide to the Committee on
Energy and Commerce of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate a report
containing the results of the assessment carried out under subsection
(a) and recommendations to overcome any barriers to standards
development or adoption identified by the group convened under such
subsection.
SEC. 20105. STATE CONSIDERATION OF ELECTRIC VEHICLE CHARGING.
(a) Consideration and Determination Respecting Certain Ratemaking
Standards.--Section 111(d) of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the
following:
``(20) Electric vehicle charging programs.--
``(A) In general.--Each State shall consider
measures to promote greater electrification of the
transportation sector, including--
``(i) authorizing measures to stimulate
investment in and deployment of electric
vehicle supply equipment and to foster the
market for electric vehicle charging;
``(ii) authorizing each electric utility of
the State to recover from ratepayers any
capital, operating expenditure, or other costs
of the electric utility relating to load
management, programs, or investments associated
with the integration of electric vehicle supply
equipment into the grid; and
``(iii) allowing a person or agency that
owns and operates an electric vehicle charging
facility for the sole purpose of recharging an
electric vehicle battery to be excluded from
regulation as an electric utility pursuant to
section 3(4) when making electricity sales from
the use of the electric vehicle charging
facility, if such sales are the only sales of
electricity made by the person or agency.
``(B) Definition.--For purposes of this paragraph,
the term `electric vehicle supply equipment' means
conductors, including ungrounded, grounded, and
equipment grounding conductors, electric vehicle
connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatuses installed
specifically for the purpose of delivering energy to an
electric vehicle.''.
(b) Obligations To Consider and Determine.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) and each nonregulated electric utility shall
commence the consideration referred to in section 111, or set a
hearing date for consideration, with respect to the standards
established by paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority), and each nonregulated electric utility,
shall complete the consideration, and shall make the
determination, referred to in section 111 with respect to each
standard established by paragraph (20) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended by adding at the end the following: ``In the case of
the standard established by paragraph (20) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to the
date of enactment of that paragraph.''.
(3) Prior state actions.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by
adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) of this section
shall not apply to the standard established by paragraph (20) of
section 111(d) in the case of any electric utility in a State if,
before the enactment of this subsection--
``(1) the State has implemented for such utility the
standard concerned (or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard concerned
(or a comparable standard) for such utility;
``(3) the State legislature has voted on the implementation
of such standard (or a comparable standard) for such utility;
or
``(4) the State has taken action to implement incentives or
other steps to strongly encourage the deployment of electric
vehicles.''.
(4) Prior and pending proceedings.--Section 124 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634)
is amended is amended by adding at the end the following: ``In
the case of the standard established by paragraph (20) of
section 111(d), the reference contained in this section to the
date of the enactment of this Act shall be deemed to be a
reference to the date of enactment of such paragraph (20).''.
SEC. 20106. STATE ENERGY PLANS.
(a) State Energy Conservation Plans.--Section 362(d) of the Energy
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended--
(1) in paragraph (16), by striking ``; and'' and inserting
a semicolon;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) a State energy transportation plan developed in
accordance with section 367; and''.
(b) Authorization of Appropriations.--Section 365(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as
follows:
``(f) Authorization of Appropriations.--
``(1) State energy conservation plans.--For the purpose of
carrying out this part, there are authorized to be appropriated
$100,000,000 for each of fiscal years 2022 through 2026.
``(2) State energy transportation plans.--In addition to
the amounts authorized under paragraph (1), for the purpose of
carrying out section 367, there are authorized to be
appropriated $25,000,000 for each of fiscal years 2022 through
2026.''.
(c) State Energy Transportation Plans.--
(1) In general.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is amended by
adding at the end the following:
``SEC. 367. STATE ENERGY TRANSPORTATION PLANS.
``(a) In General.--The Secretary may provide financial assistance
to a State to develop a State energy transportation plan, for inclusion
in a State energy conservation plan under section 362(d), to promote
the electrification of the transportation system, reduced consumption
of fossil fuels, and improved air quality.
``(b) Development.--A State developing a State energy
transportation plan under this section shall carry out this activity
through the State energy office that is responsible for developing the
State energy conservation plan under section 362.
``(c) Contents.--A State developing a State energy transportation
plan under this section shall include in such plan a plan to--
``(1) deploy a network of electric vehicle supply equipment
to ensure access to electricity for electric vehicles,
including commercial vehicles, to an extent that such electric
vehicles can travel throughout the State without running out of
a charge; and
``(2) promote modernization of the electric grid, including
through the use of renewable energy sources to power the
electric grid, to accommodate demand for power to operate
electric vehicle supply equipment and to utilize energy storage
capacity provided by electric vehicles, including commercial
vehicles.
``(d) Coordination.--In developing a State energy transportation
plan under this section, a State shall coordinate, as appropriate,
with--
``(1) State regulatory authorities (as defined in section 3
of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2602));
``(2) electric utilities;
``(3) regional transmission organizations or independent
system operators;
``(4) private entities that provide electric vehicle
charging services;
``(5) State transportation agencies, metropolitan planning
organizations, and local governments;
``(6) electric vehicle manufacturers;
``(7) public and private entities that manage vehicle
fleets; and
``(8) public and private entities that manage ports,
airports, or other transportation hubs.
``(e) Technical Assistance.--Upon request of the Governor of a
State, the Secretary shall provide information and technical assistance
in the development, implementation, or revision of a State energy
transportation plan.
``(f) Electric Vehicle Supply Equipment Defined.--For purposes of
this section, the term `electric vehicle supply equipment' means
conductors, including ungrounded, grounded, and equipment grounding
conductors, electric vehicle connectors, attachment plugs, and all
other fittings, devices, power outlets, or apparatuses installed
specifically for the purpose of delivering energy to an electric
vehicle.''.
(2) Conforming amendment.--The table of sections for part D
of title III of the Energy Policy and Conservation Act is
amended by adding at the end the following:
``Sec. 367. State energy security plans.''.
SEC. 20107. TRANSPORTATION ELECTRIFICATION.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011) is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (A), by inserting ``, including
ground support equipment at ports'' before the
semicolon;
(B) in subparagraph (E), by inserting ``and
vehicles'' before the semicolon;
(C) in subparagraph (H), by striking ``and'' at the
end;
(D) in subparagraph (I)--
(i) by striking ``battery chargers,''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following:
``(J) installation of electric vehicle supply
equipment for recharging plug-in electric drive
vehicles, including such equipment that is accessible
in rural and urban areas and in underserved or
disadvantaged communities and such equipment for
medium- and heavy-duty vehicles, including at depots
and in-route locations;
``(K) multi-use charging hubs used for multiple
forms of transportation;
``(L) medium- and heavy-duty vehicle smart charging
management and refueling;
``(M) battery recycling and secondary use,
including for medium- and heavy-duty vehicles; and
``(N) sharing of best practices, and technical
assistance provided by the Department to public
utilities commissions and utilities, for medium- and
heavy-duty vehicle electrification.'';
(2) in subsection (b)--
(A) in paragraph (3)(A)(ii), by inserting ``,
components for such vehicles, and charging equipment
for such vehicles'' after ``vehicles''; and
(B) in paragraph (6), by striking ``$90,000,000 for
each of fiscal years 2008 through 2012'' and inserting
``$2,000,000,000 for each of fiscal years 2022 through
2026'';
(3) in subsection (c)--
(A) in the header, by striking ``Near-Term'' and
inserting ``Large-Scale''; and
(B) in paragraph (4), by striking ``$95,000,000 for
each of fiscal years 2008 through 2013'' and inserting
``$2,500,000,000 for each of fiscal years 2022 through
2026''; and
(4) by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) Priority.--In providing grants under subsections (b) and (c),
the Secretary shall give priority consideration to applications that
contain a written assurance that all laborers and mechanics employed by
contractors or subcontractors during construction, alteration, or
repair that is financed, in whole or in part, by a grant provided under
this section shall be paid wages at rates not less than those
prevailing on similar construction in the locality, as determined by
the Secretary of Labor in accordance with sections 3141 through 3144,
3146, and 3147 of title 40, United States Code (and the Secretary of
Labor shall, with respect to the labor standards described in this
clause, have the authority and functions set forth in Reorganization
Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40,
United States Code).''.
SEC. 20108. FEDERAL FLEETS.
(a) Minimum Federal Fleet Requirement.--Section 303 of the Energy
Policy Act of 1992 (42 U.S.C. 13212) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) The Secretary, in consultation with the Administrator of
General Services, shall ensure that in acquiring medium- and heavy-duty
vehicles for a Federal fleet, a Federal entity shall acquire zero
emission vehicles to the maximum extent feasible.'';
(2) by striking subsection (b) and inserting the following:
``(b) Percentage Requirements.--
``(1) In general.--
``(A) Light-duty vehicles.--Beginning in fiscal
year 2025, 100 percent of the total number of light-
duty vehicles acquired by a Federal entity for a
Federal fleet shall be alternative fueled vehicles, of
which--
``(i) at least 50 percent shall be zero
emission vehicles or plug-in hybrids in fiscal
years 2025 through 2034;
``(ii) at least 75 percent shall be zero
emission vehicles or plug-in hybrids in fiscal
years 2035 through 2049; and
``(iii) 100 percent shall be zero emission
vehicles in fiscal year 2050 and thereafter.
``(B) Medium- and heavy-duty vehicles.--The
following percentages of the total number of medium-
and heavy-duty vehicles acquired by a Federal entity
for a Federal fleet shall be alternative fueled
vehicles:
``(i) At least 20 percent in fiscal years
2025 through 2029.
``(ii) At least 30 percent in fiscal years
2030 through 2039.
``(iii) At least 40 percent in fiscal years
2040 through 2049.
``(iv) At least 50 percent in fiscal year
2050 and thereafter.
``(2) Exception.--The Secretary, in consultation with the
Administrator of General Services where appropriate, may permit
a Federal entity to acquire for a Federal fleet a smaller
percentage than is required in paragraph (1) for a fiscal year,
so long as the aggregate percentage acquired for each class of
vehicle for all Federal fleets in the fiscal year is at least
equal to the required percentage.
``(3) Definitions.--In this subsection:
``(A) Federal fleet.--The term `Federal fleet'
means a fleet of vehicles that are centrally fueled or
capable of being centrally fueled and are owned,
operated, leased, or otherwise controlled by or
assigned to any Federal executive department, military
department, Government corporation, independent
establishment, or executive agency, the United States
Postal Service, the courts of the United States, or the
Executive Office of the President. Such term does not
include--
``(i) motor vehicles held for lease or
rental to the general public;
``(ii) motor vehicles used for motor
vehicle manufacturer product evaluations or
tests;
``(iii) law enforcement vehicles;
``(iv) emergency vehicles; or
``(v) motor vehicles acquired and used for
military purposes that the Secretary of Defense
has certified to the Secretary must be exempt
for national security reasons.
``(B) Fleet.--The term `fleet' means--
``(i) 20 or more light-duty vehicles,
located in a metropolitan statistical area or
consolidated metropolitan statistical area, as
established by the Bureau of the Census, with a
1980 population of more than 250,000; or
``(ii) 10 or more medium- or heavy-duty
vehicles, located at a Federal facility or
located in a metropolitan statistical area or
consolidated metropolitan statistical area, as
established by the Bureau of the Census, with a
1980 population of more than 250,000.''; and
(3) in subsection (f)(2)(B)--
(A) by striking ``, either''; and
(B) in clause (i), by striking ``or'' and inserting
``and''.
(b) Federal Fleet Conservation Requirements.--Section 400FF(a) of
the Energy Policy and Conservation Act (42 U.S.C. 6374e) is amended--
(1) in paragraph (1)--
(A) by striking ``18 months after the date of
enactment of this section'' and inserting ``12 months
after the date of enactment of the INVEST in America
Act'';
(B) by striking ``2010'' and inserting ``2022'';
and
(C) by striking ``and increase alternative fuel
consumption'' and inserting ``, increase alternative
fuel consumption, and reduce vehicle greenhouse gas
emissions''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Goals.--The goals of the requirements under paragraph
(1) are that each Federal agency shall--
``(A) reduce fleet-wide per-mile greenhouse gas
emissions from agency fleet vehicles, relative to a
baseline of emissions in 2015, by--
``(i) not less than 30 percent by the end
of fiscal year 2025;
``(ii) not less than 50 percent by the end
of fiscal year 2030; and
``(iii) 100 percent by the end of fiscal
year 2050; and
``(B) increase the annual percentage of alternative
fuel consumption by agency fleet vehicles as a
proportion of total annual fuel consumption by Federal
fleet vehicles, to achieve--
``(i) 25 percent of total annual fuel
consumption that is alternative fuel by the end
of fiscal year 2025;
``(ii) 50 percent of total annual fuel
consumption that is alternative fuel by the end
of fiscal year 2035; and
``(iii) at least 85 percent of total annual
fuel consumption that is alternative fuel by
the end of fiscal year 2050.''.
Subtitle B--Electric Vehicles for Underserved Communities
SEC. 20111. EXPANDING ACCESS TO ELECTRIC VEHICLES IN UNDERSERVED AND
DISADVANTAGED COMMUNITIES.
(a) In General.--
(1) Assessment.--The Secretary shall conduct an assessment
of the state of, challenges to, and opportunities for the
deployment of electric vehicle charging infrastructure in
underserved or disadvantaged communities located throughout the
United States.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the results of the
assessment conducted under paragraph (1), which shall--
(A) describe the state of deployment of electric
vehicle charging infrastructure in underserved or
disadvantaged communities located in urban, suburban,
and rural areas, including a description of--
(i) the state of deployment of electric
vehicle charging infrastructure that is--
(I) publicly accessible;
(II) installed in or available to
occupants of public and affordable
housing;
(III) installed in or available to
occupants of multi-unit dwellings;
(IV) available to public sector and
commercial fleets; and
(V) installed in or available at
places of work;
(ii) policies, plans, and programs that
cities, States, utilities, and private entities
are using to encourage greater deployment and
usage of electric vehicles and the associated
electric vehicle charging infrastructure,
including programs to encourage deployment of
publicly accessible electric vehicle charging
stations and electric vehicle charging stations
available to residents in publicly owned and
privately owned multi-unit dwellings;
(iii) ownership models for Level 2 charging
stations and DC FAST charging stations located
in residential multi-unit dwellings, commercial
buildings, and publicly accessible areas;
(iv) mechanisms for financing electric
vehicle charging stations; and
(v) rates charged for the use of Level 2
charging stations and DC FAST charging
stations;
(B) identify current barriers to expanding
deployment of electric vehicle charging infrastructure
in underserved or disadvantaged communities in urban,
suburban, and rural areas, including barriers to
expanding deployment of publicly accessible electric
vehicle charging infrastructure;
(C) identify the potential for, and barriers to,
recruiting and entering into contracts with locally
owned small and disadvantaged businesses, including
women and minority-owned businesses, to deploy electric
vehicle charging infrastructure in underserved or
disadvantaged communities in urban, suburban, and rural
areas;
(D) compile and provide an analysis of best
practices and policies used by State and local
governments, nonprofit organizations, and private
entities to increase deployment of electric vehicle
charging infrastructure in underserved or disadvantaged
communities in urban, suburban, and rural areas,
including best practices and policies relating to--
(i) public outreach and engagement;
(ii) increasing deployment of publicly
accessible electric vehicle charging
infrastructure; and
(iii) increasing deployment of electric
vehicle charging infrastructure in publicly
owned and privately owned multi-unit dwellings;
(E) to the extent practicable, enumerate and
identify in urban, suburban, and rural areas within
each State with detail at the level of ZIP Codes and
census tracts--
(i) the number of existing and planned
publicly accessible Level 2 charging stations
and DC FAST charging stations for individually
owned light-duty and medium-duty electric
vehicles;
(ii) the number of existing and planned
Level 2 charging stations and DC FAST charging
stations for public sector and commercial fleet
electric vehicles and medium- and heavy-duty
electric vehicles; and
(iii) the number and type of electric
vehicle charging stations installed in or
available to occupants of public and affordable
housing; and
(F) describe the methodology used to obtain the
information provided in the report.
(b) Five-Year Update Assessment.--Not later than 5 years after the
date of the enactment of this Act, the Secretary shall--
(1) update the assessment conducted under subsection
(a)(1); and
(2) make public and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report, which
shall--
(A) update the information required by subsection
(a)(2); and
(B) include a description of case studies and key
lessons learned after the date on which the report
under subsection (a)(2) was submitted with respect to
expanding the deployment of electric vehicle charging
infrastructure in underserved or disadvantaged
communities in urban, suburban, and rural areas.
SEC. 20112. ELECTRIC VEHICLE CHARGING EQUITY PROGRAM.
(a) Program.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall establish a program, to be
known as the EV Charging Equity Program, to increase deployment and
accessibility of electric vehicle charging infrastructure in
underserved or disadvantaged communities by--
(1) providing technical assistance to eligible entities
described in subsection (e); and
(2) awarding grants on a competitive basis to eligible
entities described in subsection (e) for projects that increase
such deployment and accessibility of electric vehicle charging
infrastructure, including projects that are--
(A) publicly accessible;
(B) located within or are easily accessible to
residents of--
(i) public or affordable housing;
(ii) multi-unit dwellings; or
(iii) single-family homes; and
(C) located within or easily accessible to places
of work, provided that such electric vehicle charging
infrastructure is accessible no fewer than 5 days per
week.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
amount of a grant awarded under this section for a project
shall not exceed 80 percent of project costs.
(2) Single-family homes.--The amount of a grant awarded
under this section for a project that involves, as a primary
focus, single-family homes shall not exceed 60 percent of
project costs.
(c) Limitation.--Not more than 15 percent of the amount awarded for
grants under this section in a fiscal year shall be awarded for
projects that involve, as a primary focus, single-family homes.
(d) Priority.--In awarding grants and providing technical
assistance under this section, the Secretary shall give priority to
projects that--
(1) provide the greatest benefit to the greatest number of
people within an underserved or disadvantaged community;
(2) incorporate renewable energy resources;
(3) maximize local job creation, particularly among low-
income, women, and minority workers; or
(4) utilize or involve locally owned small and
disadvantaged businesses, including women and minority-owned
businesses.
(e) Eligible Entities.--
(1) In general.--To be eligible for a grant or technical
assistance under the EV Charging Equity Program, an entity
shall be--
(A) an individual or household that is the owner of
where a project will be carried out;
(B) a State, local, Tribal, or Territorial
government, or an agency or department thereof;
(C) an electric utility, including--
(i) a municipally owned electric utility;
(ii) a publicly owned electric utility;
(iii) an investor-owned utility; and
(iv) a rural electric cooperative;
(D) a nonprofit organization or institution;
(E) a public housing authority;
(F) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001));
(G) a local small or disadvantaged business; or
(H) a partnership between any number of eligible
entities described in subparagraphs (A) through (G).
(2) Updates.--The Secretary may add to or otherwise revise
the list of eligible entities under paragraph (1) if the
Secretary determines that such an addition or revision would be
beneficial to increasing deployment and accessibility of
electric vehicle charging infrastructure in underserved or
disadvantaged communities.
(f) Public Notice and Request for Applications.--The Secretary
shall publish in the Federal Register, and such other publications as
the Secretary considers to be appropriate, a notice and request for
applications to carry out projects under the EV Charging Equity
Program.
(g) Education and Outreach.--
(1) In general.--In carrying out the EV Charging Equity
Program, the Secretary shall establish an education and
outreach component of such Program to ensure that information
regarding such Program and the benefits and opportunities for
electric vehicle charging is made available to individuals and
relevant entities that live within or serve underserved or
disadvantaged communities.
(2) Requirements.--At a minimum, the education and outreach
component of the EV Charging Equity Program established under
this subsection shall include--
(A) the development and dissemination of an
electric vehicle charging resource guide that is--
(i) maintained electronically on a website;
(ii) available to the public, free of
charge; and
(iii) directed specifically towards
individuals and relevant entities that live
within or serve underserved or disadvantaged
communities;
(B) targeted outreach towards, and coordinated
public outreach with, relevant local, State, and Tribal
entities, nonprofit organizations, and institutions of
higher education, that are located within or serve
underserved or disadvantaged communities; and
(C) any other such forms of education or outreach
as the Secretary determines appropriate to increase
awareness of and access to the EV Charging Equity
Program.
(h) Reports to Congress.--Not later than 1 year after the EV
Charging Equity Program is established under this section, and not less
frequently than once every 2 years after that, the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, and make publicly available, a report on the status of the
EV Charging Equity Program, including a list and description of
projects that have received grant awards or technical assistance, and
of the funding or assistance provided to such projects.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $96,000,000 for each of fiscal
years 2022 through 2026.
SEC. 20113. ENSURING PROGRAM BENEFITS FOR UNDERSERVED AND DISADVANTAGED
COMMUNITIES.
In administering a relevant program, the Secretary shall, to the
extent practicable, invest or direct available and relevant
programmatic resources so that such program--
(1) promotes electric vehicle charging infrastructure;
(2) supports clean and multi-modal transportation;
(3) provides improved air quality and emissions reductions;
and
(4) prioritizes the needs of underserved or disadvantaged
communities.
SEC. 20114. DEFINITIONS.
In this subtitle:
(1) Electric vehicle charging infrastructure.--The term
``electric vehicle charging infrastructure'' means electric
vehicle supply equipment, including any conductors, electric
vehicle connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatuses installed specifically
for the purposes of delivering energy to an electric vehicle.
(2) Publicly accessible.--The term ``publicly accessible''
means, with respect to electric vehicle charging
infrastructure, electric vehicle charging infrastructure that
is available, at zero or reasonable cost, to members of the
public for the purpose of charging a privately owned or leased
electric vehicle, or electric vehicle that is available for use
by members of the general public as part of a ride service or
vehicle sharing service or program, including within or
around--
(A) public sidewalks and streets;
(B) public parks;
(C) public buildings, including--
(i) libraries;
(ii) schools; and
(iii) government offices;
(D) public parking;
(E) shopping centers; and
(F) commuter transit hubs.
(3) Relevant program.--The term ``relevant program'' means
a program of the Department of Energy, including--
(A) the State energy program under part D of title
III the Energy Policy and Conservation Act (42 U.S.C.
6321 et seq.);
(B) the Clean Cities program;
(C) the Energy Efficiency and Conservation Block
Grant Program established under section 542 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17152);
(D) loan guarantees made pursuant to title XVII of
the Energy Policy Act of 2005 (42 U.S.C. 16511 et
seq.); and
(E) such other programs as the Secretary determines
appropriate.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Underserved or disadvantaged community.--The term
``underserved or disadvantaged community'' means a community
located within a ZIP Code or census tract that is identified
as--
(A) a low-income community;
(B) a community of color;
(C) a Tribal community;
(D) having a disproportionately low number of
electric vehicle charging stations per capita, compared
to similar areas; or
(E) any other community that the Secretary
determines is disproportionately vulnerable to, or
bears a disproportionate burden of, any combination of
economic, social, environmental, and climate stressors.
TITLE II--PROMOTING DOMESTIC ADVANCED VEHICLE MANUFACTURING
SEC. 20201. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
(a) Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses.--
Subtitle B of title VII of the Energy Policy Act of 2005 (42 U.S.C.
16061 et seq.) is amended--
(1) in the subtitle header, by inserting ``Plug-In Electric
Vehicles,'' before ``Hybrid Vehicles''; and
(2) in part 1, in the part header, by striking ``hybrid''
and inserting ``plug-in electric''.
(b) Plug-In Electric Vehicles.--Section 711 of the Energy Policy
Act of 2005 (42 U.S.C. 16061) is amended to read as follows:
``SEC. 711. PLUG-IN ELECTRIC VEHICLES.
``The Secretary shall accelerate efforts, related to domestic
manufacturing, that are directed toward the improvement of batteries,
power electronics, and other technologies for use in plug-in electric
vehicles.''.
(c) Efficient Hybrid and Advanced Diesel Vehicles.--Section 712 of
the Energy Policy Act of 2005 (42 U.S.C. 16062) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, plug-in
electric,'' after ``efficient hybrid''; and
(B) by amending paragraph (3) to read as follows:
``(3) Priority.--Priority shall be given to--
``(A) the refurbishment or retooling of
manufacturing facilities that have recently ceased
operation or would otherwise cease operation in the
near future; and
``(B) applications containing--
``(i) a written assurance that--
``(I) all laborers and mechanics
employed by contractors or
subcontractors during construction,
alteration, or repair, or at any
manufacturing operation, that is
financed, in whole or in part, by a
loan under this section shall be paid
wages at rates not less than those
prevailing in a similar firm or on
similar construction in the locality,
as determined by the Secretary of Labor
in accordance with subchapter IV of
chapter 31 of title 40, United States
Code; and
``(II) the Secretary of Labor
shall, with respect to the labor
standards described in this paragraph,
have the authority and functions set
forth in Reorganization Plan Numbered
14 of 1950 (64 Stat. 1267; 5 U.S.C.
App.) and section 3145 of title 40,
United States Code;
``(ii) a disclosure of whether there has
been any administrative merits determination,
arbitral award or decision, or civil judgment,
as defined in guidance issued by the Secretary
of Labor, rendered against the applicant in the
preceding 3 years for violations of applicable
labor, employment, civil rights, or health and
safety laws;
``(iii) specific information regarding the
actions the applicant will take to demonstrate
compliance with, and where possible exceedance
of, requirements under applicable labor,
employment, civil rights, and health and safety
laws, and actions the applicant will take to
ensure that its direct suppliers demonstrate
compliance with applicable labor, employment,
civil rights, and health and safety laws; and
``(iv) an estimate and description of the
jobs and types of jobs to be retained or
created by the project and the specific actions
the applicant will take to increase employment
and retention of dislocated workers, veterans,
individuals from low-income communities, women,
minorities, and other groups underrepresented
in manufacturing, and individuals with a
barrier to employment.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Cost Share and Guarantee of Operation.--
``(1) Condition.--A recipient of a grant under this section
shall pay the Secretary the full amount of the grant if the
facility financed in whole or in part under this subsection
fails to manufacture goods for a period of at least 10 years
after the completion of construction.
``(2) Cost share.--Section 988(c) shall apply to a grant
made under this subsection.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,500,000,000
for each of fiscal years 2022 through 2026.
``(e) Period of Availability.--An award made under this section
after the date of enactment of this subsection shall only be available
with respect to facilities and equipment placed in service before
December 30, 2035.''.
(d) Conforming Amendment.--The table of contents of the Energy
Policy Act of 2005 is amended--
(1) in the item relating to subtitle B of title VII, by
inserting ``Plug-In Electric Vehicles,'' before ``Hybrid
Vehicles'';
(2) in the item relating to part 1 of such subtitle, by
striking ``Hybrid'' and inserting ``Plug-In Electric''; and
(3) in the item relating to section 711, by striking
``Hybrid'' and inserting ``Plug-in electric''.
Passed the House of Representatives July 1, 2021.
Attest:
Clerk.
117th CONGRESS
1st Session
H. R. 3684
_______________________________________________________________________
AN ACT
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.