[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3684 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3684
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2021
Mr. DeFazio (for himself, Ms. Norton, and Mr. Payne) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in a New Vision for the
Environment and Surface Transportation in America Act'' or the ``INVEST
in America Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2022
Sec. 101. Definitions.
Sec. 102. Extension of Federal Surface Transportation programs.
Sec. 103. Additional amounts for the Federal-aid highway program and
member designated projects.
Sec. 104. Federal Transit Administration.
Sec. 105. National highway traffic safety administration.
Sec. 106. Federal motor carrier safety administration.
Sec. 107. Member designated project authorizations.
DIVISION B--SURFACE TRANSPORTATION
Sec. 1001. Applicability of division.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical
exclusions.
Sec. 1115. Surface transportation project delivery program written
agreements.
Sec. 1116. Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.
Sec. 1118. Accommodation of certain facilities in right-of-way.
Sec. 1119. Federal grants for pedestrian and bike safety improvements.
Subtitle B--Programmatic Infrastructure Investment
Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
Sec. 1217. Noise barriers.
Sec. 1218. Safe streets for all.
Sec. 1219. Youth service and conservation corps.
Subtitle C--Project-Level Investments
Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Clean corridors program.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural bridges program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active connected transportation grant program.
Sec. 1310. Wildlife crossings program.
Sec. 1311. Reconnecting neighborhoods program.
Sec. 1312. Apprenticeship utilization.
Subtitle D--Planning, Performance Management, and Asset Management
Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.
Subtitle E--Federal Lands, Tribes, and Territories
Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.
Sec. 1511. Federal lands access program.
Subtitle F--Additional Provisions
Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Dig Once for broadband infrastructure deployment.
Sec. 1604. Stormwater best management practices.
Sec. 1605. Pedestrian facilities in the public right-of-way.
Sec. 1606. Highway formula modernization report.
Sec. 1607. Consolidation of programs.
Sec. 1608. Student outreach report to Congress.
Sec. 1609. Task force on developing a 21st century surface
transportation workforce.
Sec. 1610. On-the-job training and supportive services.
Sec. 1611. Appalachian development highway system funding flexibility.
Sec. 1612. Transportation education development program.
Sec. 1613. Working group on construction resources.
Sec. 1614. Numbering system of highway interchanges.
Sec. 1615. Toll credits.
Sec. 1616. Transportation construction materials procurement.
Sec. 1617. Nationwide road safety assessment.
Sec. 1618. Climate resilient transportation infrastructure study.
Sec. 1619. Natural gas, electric battery, and zero emission vehicles.
Sec. 1620. Guidance on evacuation routes.
Sec. 1621. High priority corridors on National Highway System.
Sec. 1622. Guidance on inundated and submerged roads.
Sec. 1623. Dry bulk weight tolerance.
Sec. 1624. Highway use tax evasion projects.
Sec. 1625. Labor standards.
Sec. 1626. Climate resiliency report by GAO.
Sec. 1627. Designation of John R. Lewis Voting Rights Highway.
Sec. 1628. GAO study on capital needs of public ferries.
Sec. 1629. Use of modeling and simulation technology.
Sec. 1630. GAO study on per-mile user fee equity.
Sec. 1631. GAO review of equity considerations at state DOTs.
Sec. 1632. Study on effectiveness of suicide prevention nets and
barriers for structures other than bridges.
Sec. 1633. Repeal of pilot program.
Sec. 1634. Technical corrections.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal years 2022 and 2023 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. Certification requirements.
Sec. 2112. Hold harmless.
Sec. 2113. Study on accessibility of public transportation.
Subtitle B--Improving Frequency and Ridership
Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive
grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
Subtitle C--Buy America and Other Procurement Reforms
Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Spare ratio waiver.
Subtitle D--Bus Grant Reforms
Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
Sec. 2405. Workforce development training grants.
Subtitle E--Supporting All Riders
Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
Sec. 2504. Equity in transit service planning.
Sec. 2505. GAO study on fare-free transit.
Subtitle F--Supporting Frontline Workers and Passenger Safety
Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.
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.
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.
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grants, Operations, and Programs
Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Sec. 4104. Operation of small commercial vehicles study.
Subtitle B--Motor Carrier Safety Oversight
Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of
household goods in interstate commerce.
Sec. 4207. Broker guidance.
Subtitle C--Commercial Motor Vehicle Driver Safety
Sec. 4301. Commercial driver's license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
Sec. 4310. Application of commercial motor vehicle safety.
Sec. 4311. Use of data.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial
motor vehicles.
Sec. 4409. Universal electronic identifier.
TITLE V--INNOVATION
Sec. 5001. Authorization of appropriations.
Subtitle A--Research and Development
Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic
plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation
research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat
connectivity improvement.
Sec. 5108. Research activities.
Sec. 5109. Transportation equity research program.
Sec. 5110. Surface transportation research, development, and
technology.
Sec. 5111. Metropolitan planning research pilot program.
Subtitle B--Technology Deployment
Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement
technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.
Subtitle C--Emerging Technologies
Sec. 5301. Mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation
clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and
road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology
Council.
Sec. 5306. Surface transportation workforce retraining grant program.
Sec. 5307. Third-party data integration pilot program.
Sec. 5308. Third-party data planning integration pilot program.
Sec. 5309. Automated Commercial Vehicle Reporting.
Subtitle D--Surface Transportation Funding Pilot Programs
Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.
Subtitle E--Miscellaneous
Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Transportation workforce outreach program.
Sec. 5504. 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.
TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT
Sec. 7001. Transportation Infrastructure Finance and Innovation Act.
DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 8001. Short title.
TITLE I--AUTHORIZATIONS
Sec. 8101. Authorization of appropriations.
TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
Sec. 8201. Repeal of certain requirements related to lithium cells and
batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
Sec. 8204. Lithium battery approval.
DIVISION D--RAIL
Sec. 9001. Short title.
TITLE I--AUTHORIZATIONS
Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion
grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement
grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Bridges, stations, and tunnels (BeST) grant program.
Sec. 9106. Buy America.
TITLE II--AMTRAK REFORMS
Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Access to recreational trails.
Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant
program.
Sec. 9218. Amtrak and private cars.
Sec. 9219. Amtrak Office of Community Outreach.
Sec. 9220. Long-distance customer enhancement program.
Sec. 9221. Amtrak carbon-free and renewable energy initiatives.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. Interstate rail compacts.
Sec. 9305. High-speed rail updates.
Sec. 9306. State rail planning formula funds.
TITLE IV--COMMUTER RAIL POLICY
Sec. 9401. Surface Transportation Board mediation of trackage use
requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use
requests.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
Sec. 9501. Study on safety impact of long trains.
Sec. 9502. FRA safety reporting.
Sec. 9503. Waiver notice requirements.
Sec. 9504. Notice of FRA comprehensive safety culture assessments.
Sec. 9505. FRA accident and incident investigations.
Sec. 9506. Freight train crew size safety standards.
Sec. 9507. Border crossings.
Sec. 9508. Yardmasters hours of service.
Sec. 9509. Leaking brakes.
Sec. 9510. Report on PTC system failures.
Sec. 9511. Fatigue reduction management plans.
Sec. 9512. Assault prevention and response plans.
Sec. 9513. Critical incident stress plans.
Sec. 9514. Crewmember certification and qualification.
Sec. 9515. Safety management team communication.
Sec. 9516. GAO study on reorganization of Office of Railroad Safety.
Sec. 9517. Open-top rail car public input.
Sec. 9518. New passenger service pre-revenue safety validation plan.
Sec. 9519. Safety oversight of nontraditional and emerging rail
technologies.
Subtitle B--Grade Crossing Safety
Sec. 9551. Highway-rail grade crossing separation grants.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public
highway-rail grade crossings.
Sec. 9554. National blocked crossing database.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Railroad trespassing enforcement grants.
Sec. 9558. Railroad trespassing suicide prevention grants.
Sec. 9559. Including railroad suicides.
Sec. 9560. Report on safety measures required for Quiet Zones.
TITLE VI--MISCELLANEOUS
Sec. 9601. Rail network climate change vulnerability assessment.
Sec. 9602. Advance acquisition.
Sec. 9603. University rail climate innovation grant program.
Sec. 9604. Workforce diversity and development.
Sec. 9605. Requirements for railroad freight cars entering service in
United States.
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 shall be available for a period of 4 fiscal
years after the fiscal year in which the amount is made
available.
(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; or
(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.
(3) Eligible costs.--Eligible costs under this section
include--
(A) acquisition of vehicles;
(B) acquisition, installation, and construction of
bus stops, stations, and related infrastructure;
(C) construction or expansion of maintenance
facilities to support the new or enhanced service;
(D) maintenance activities to support the expanded
service; and
(E) operating expenses for up to 2 years beginning
on the first day of revenue service.
(4) Application.--To apply for a grant under this
subsection, an applicant shall provide to the Secretary such
information as the Secretary may require, including information
on the extent to which the project will--
(A) provide reliable and frequent connections to
jobs 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) Considerations.--In making allocations under
subparagraph (1), the Secretary shall take into consideration
the extent to which the project sponsor demonstrates a need for
a higher Federal share, including the extent to which--
(A) a project sponsor made a local financial
commitment that exceeded the required non-Federal share
of the cost of the project;
(B) a project sponsor has experienced, as a result
of the coronavirus public health emergency, a loss of
non-Federal revenues that were intended to support the
project.
(3) Adjustment.--Notwithstanding any other provision of
law, the Secretary may 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
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.--[To be supplied.]
DIVISION B--SURFACE TRANSPORTATION
SEC. 1001. APPLICABILITY OF DIVISION.
(a) Applicability.--This division, including the amendments made by
this division, applies beginning on October 1, 2022.
(b) Reference to Date of Enactment.--In this division and the
amendments made by this division, any reference to--
(1) the date of enactment of this Act;
(2) the date of enactment of a provision of this division;
(3) the date of enactment of a provision added to law by an
amendment made by this division; or
(4) the date of enactment of the INVEST in America Act
added to law by an amendment made by this division,
shall be treated as a reference to October 1, 2022.
(c) Exception for Immediate Application.--Subsections (a) and (b)
shall not apply to the following sections and any amendments made by
such sections:
(1) Section 1105.
(2) Section 1107.
(3) Section 1305.
(4) Subsections (c)(1) and (d) of section 2104.
(5) Section 2106.
(6) Section 2112.
(7) Section 2204(1)(A).
(8) Section 2305.
(9) Section 2307.
(10) Section 2902(2).
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the pre-disaster mitigation program under section
124 of such title, the railway crossings program under section
130 of such title, the surface transportation program under
section 133 of such title, the highway safety improvement
program under section 148 of such title, the congestion
mitigation and air quality improvement program under section
149 of such title, the clean corridors program under section
151 of such title, the national highway freight program under
section 167 of such title, the carbon pollution reduction
program under section 171 of such title, and metropolitan
planning under section 134 of such title--
(A) $56,522,048,429 for fiscal year 2023;
(B) $57,480,646,776 for fiscal year 2024;
(C) $58,595,359,712 for fiscal year 2025; and
(D) $59,618,666,186 for fiscal year 2026.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of title 23, United States Code, $250,000,000 for each of
fiscal years 2023 through 2026.
(3) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry terminal
facilities under section 147 of title 23, United States Code,
$120,000,000 for each of fiscal years 2023 through 2026.
(4) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23,
United States Code, $800,000,000 for each of fiscal
years 2023 through 2026.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of
title 23, United States Code, $555,000,000 for
each of fiscal years 2023 through 2026.
(ii) Allocation.--Of the amount made
available for a fiscal year under clause (i)--
(I) the amount for the National
Park Service is $400,000,000 for each
of fiscal years 2023 through 2026;
(II) the amount for the United
States Fish and Wildlife Service is
$50,000,000 for each of fiscal years
2023 through 2026;
(III) the amount for the United
States Forest Service is $50,000,000
for each of fiscal years 2023 through
2026;
(IV) the amount for the Corps of
Engineers is $16,000,000 for each of
fiscal years 2023 through 2026;
(V) the amount for the Bureau of
Land Management is $16,000,000 for each
of fiscal years 2023 through 2026;
(VI) the amount for the Bureau of
Reclamation is $16,000,000 for each of
fiscal years 2023 through 2026; and
(VII) the amount for independent
Federal agencies with natural resource
and land management responsibilities is
$7,000,000 for each of fiscal years
2023 through 2026.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code, $345,000,000 for each of fiscal
years 2023 through 2026.
(D) Federal lands and tribal major projects
grants.--To carry out section 208 of title 23, United
States Code, $400,000,000 for each of fiscal years 2023
through 2026.
(5) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, the amounts specified in
paragraphs (1) and (2) of section 165(a) for each of fiscal
years 2023 through 2026.
(6) Projects of national and regional significance.--For
projects of national and regional significance under section
117 of title 23, United States Code, $3,000,000,000 for each of
fiscal years 2023 through 2026.
(7) Community transportation investment grants.--To carry
out section 173 of title 23, United States Code, $600,000,000
for each of fiscal years 2023 through 2026.
(8) Community climate innovation grants.--To carry out
section 172 of title 23, United States Code, $250,000,000 for
each of fiscal years 2023 through 2026.
(9) National scenic byways program.--To carry out section
162 of title 23, United States Code, $16,000,000 for each of
fiscal year 2023 through 2026.
(10) Rebuild rural bridges program.-- To carry out section
1307 of this Act, $250,000,000 for each of fiscal years 2023
through 2026.
(11) Parking for commercial motor vehicles.--To carry out
section 1308 of this Act, $250,000,000 for each of fiscal years
2023 through 2026.
(12) Active connected transportation grant program.--To
carry out section 1309 of this Act, $250,000,000 for each of
fiscal years 2023 through 2026.
(13) Wildlife crossings program.--To carry out section 1310
of this Act, $100,000,000 for each of fiscal years 2023 through
2026.
(14) Reconnecting neighborhoods program.--To carry out
section 1311 of this Act, $750,000,000 for each of fiscal years
2023 through 2026.
(15) Metro performance program.--To carry out section 1305
of this Act, $250,000,000 for each of fiscal years 2023 through
2026.
(16) Gridlock reduction grant program.--To carry out
section 1306 of this Act, $500,000,000 for fiscal year 2023.
(b) Treatment of Funds.--Amounts made available under paragraphs
(10) through (14) of subsection (a) shall be administered as if
apportioned under chapter 1 of title 23, United States Code.
(c) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) despite the real improvements caused by the
disadvantaged business enterprise program, minority-
and women-owned businesses across the country continue
to confront serious and significant obstacles to
success caused by race and gender discrimination in the
federally assisted surface transportation market and
related markets across the United States;
(B) the continuing race and gender discrimination
described in subparagraph (A) merits the continuation
of the disadvantaged business enterprise program;
(C) recently, the disparities cause by
discrimination against African American, Hispanic
American, Asian American, Native American, and women
business owners have been further exacerbated by the
coronavirus pandemic and its disproportionate effects
on minority- and women-owned businesses across the
nation;
(D) Congress has received and reviewed testimony
and documentation of race and gender discrimination
from numerous sources, including congressional hearings
and other investigative activities, scientific reports,
reports issued by public and private agencies at every
level of government, news reports, academic
publications, reports of discrimination by
organizations and individuals, and discrimination
lawsuits, which continue to demonstrate that race- and
gender-neutral efforts alone are insufficient to
address the problem;
(E) the testimony and documentation described in
subparagraph (D) demonstrate that discrimination across
the United States poses an injurious and enduring
barrier to full and fair participation in surface
transportation-related businesses of women business
owners and minority business owners and has negatively
affected firm formation, development and success in
many aspects of surface transportation-related business
in the public and private markets; and
(F) the testimony and documentation described in
subparagraph (D) provide a clear picture of the
inequality caused by discrimination that continues to
plague our nation and a strong basis that there is a
compelling need for the continuation of the
disadvantaged business enterprise program to address
race and gender discrimination in surface
transportation-related business.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--The term ``small
business concern'' means a small business concern (as
the term is used in section 3 of the Small Business Act
(15 U.S.C. 632)).
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning given the
term in section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act, except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
(3) Amounts for small business concerns.--Except to the
extent that the Secretary of Transportation determines
otherwise, not less than 10 percent of the amounts made
available for any program under titles I, II, V, and VII of
this division and section 403 of title 23, United States Code,
shall be expended through small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
(4) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State,
including the location of the small business concerns
in the State; and
(B) notify the Secretary, in writing, of the
percentage of the small business concerns that are
controlled by--
(i) women;
(ii) socially and economically
disadvantaged individuals (other than women);
and
(iii) individuals who are women and are
otherwise socially and economically
disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary of Transportation
shall establish minimum uniform criteria for use by
State governments in certifying whether a concern
qualifies as a small business concern for the purpose
of this subsection.
(B) Inclusions.--The minimum uniform criteria
established under subparagraph (A) shall include, with
respect to a potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of
principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary of Transportation shall
establish minimum requirements for use by State governments in
reporting to the Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary
determines to be appropriate for the proper monitoring
of the disadvantaged business enterprise program.
(7) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity to
receive funds made available under titles I, II, V, and VII of
this division and section 403 of title 23, United States Code,
if the entity or person is prevented, in whole or in part, from
complying with paragraph (3) because a Federal court issues a
final order in which the court finds that a requirement or the
implementation of paragraph (3) is unconstitutional.
(8) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--
(A) the Secretary of Transportation should take
additional steps to ensure that recipients comply with
section 26.29 of title 49, Code of Federal Regulations
(the disadvantaged business enterprises prompt payment
rule), or any corresponding regulation, in awarding
federally funded transportation contracts under laws
and regulations administered by the Secretary; and
(B) such additional steps should include increasing
the Department of Transportation's ability to track and
keep records of complaints and to make that information
publicly available.
(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) [To be supplied.] for fiscal year 2023;
(2) [To be supplied.] for fiscal year 2024;
(3) [To be supplied.] for fiscal year 2025; and
(4) [To be supplied.] for fiscal year 2026.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (but, for
fiscal years 2016 through 2022, only in an amount equal to
$639,000,000 for each of those fiscal years);
(14) section 203 of title 23, United States Code (but, for
fiscal years 2023 through 2026, only in an amount equal to
$550,000,000 for each of those fiscal years); and
(15) section 133(d)(1)(B) of title 23, United States Code
(but, for fiscal years 2023 through 2026, only in an amount
equal to $89,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--Subject to paragraph
(1)(B), for each of fiscal years 2023 through 2026, the Secretary of
Transportation--
(1)(A) shall not distribute obligation authority provided
by subsection (a) for the fiscal year for--
(i) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code;
(ii) amounts authorized for the Bureau of
Transportation Statistics;
(iii) amounts authorized for the tribal
transportation program under section 202 of title 23,
United States Code; and
(iv) amounts authorized for the territorial and
Puerto Rico highway program under section 165(a) of
title 23, United States Code; and
(B) for each of fiscal years 2023 through 2026, in addition
to the amounts described in subparagraph (A), shall not
distribute obligation authority provided by subsection (a) for
the fiscal year for amounts authorized for the metro
performance program under section 1305 of this Act;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years, the funds for which are
allocated by the Secretary (or apportioned by the
Secretary under section 202 or 204 of title 23, United
States Code); and
(B) for which obligation authority was provided in
a previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection
(a) for the fiscal year, less the aggregate of amounts
not distributed under paragraphs (1) and (2) of this
subsection; bears to
(B) the total of--
(i) the sums authorized to be appropriated
for the Federal-aid highway and highway safety
construction programs, other than sums
authorized to be appropriated for--
(I) provisions of law described in
paragraphs (1) through (13) of
subsection (b);
(II) section 203 of title 23,
United States Code, equal to the amount
referred to in subsection (b)(14) for
the fiscal year; and
(III) section 133(d)(1)(B) of title
23, United States Code, equal to the
amount referred to in subsection
(b)(15) for the fiscal year; less
(ii) the aggregate of the amounts not
distributed under paragraphs (1) and (2) of
this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2), for each of the programs (other
than programs to which paragraph (1) applies) that are
allocated by the Secretary under this Act and title 23, United
States Code, or apportioned by the Secretary under section 202
or 204 of such title, by multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the surface transportation program in section
133(d)(1)(B) of title 23, United States Code, that are exempt
from the limitation under subsection (b)(15) and the amounts
apportioned under sections 202 and 204 of such title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for the fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
the fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary of Transportation shall, after August 1
of each of fiscal years 2023 through 2026--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under section
104 of title 23, United States Code.
(e) Special Limitation.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for--
(A) transportation research programs carried out
under chapter 5 of title 23, United States Code, and
title V of this Act; and
(B) the metro performance program under section
1305 of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(f) Lop-Off.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2023 through 2026, the Secretary of
Transportation shall distribute to the States any funds that--
(A) are authorized to be appropriated for the
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for the fiscal
year because of the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.
Section 101 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), (13), (14),
(15), (16), (17), (18), (19), (20), (21), (22), (23),
(24), (25), (26), (27), (28), (29), (30), (31), (32),
(33), and (34) as paragraphs (2), (4), (5), (7), (9),
(11), (12), (13), (14), (15), (17), (18), (19), (20),
(21), (22), (24), (25), (26), (27), (29), (30), (33),
(34), (35), (36), (37), (38), (39), (43), (44), (45),
(46), and (47), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Adaptation.--The term `adaptation' means an
adjustment in natural or human systems in anticipation of, or
in response to, a changing environment in a way that moderates
negative effects of extreme events or climate change.'';
(C) by inserting before paragraph (4), as so
redesignated, the following:
``(3) Areas of persistent poverty.--The term `areas of
persistent poverty' means--
``(A) any county that has had 20 percent or more of
the population of such county living in poverty over
the past 30 years, as measured by the 1990 and 2000
decennial censuses and the most recent Small Area
Income and Poverty Estimates;
``(B) any census tract with a poverty rate of at
least 20 percent, as measured by the most recent 5-year
data series available from the American Community
Survey of the Bureau of the Census for all States and
Puerto Rico; or
``(C) any other territory or possession of the
United States that has had 20 percent or more of its
population living in poverty over the past 30 years, as
measured by the 1990, 2000, and 2010 decennial
censuses, or equivalent data, of the Bureau of the
Census.''.
(D) by inserting after paragraph (5), as so
redesignated, the following:
``(6) Climate change.--The term `climate change' means any
significant change in the measures of climate lasting for an
extended period of time, and may include major changes in
temperature, precipitation, wind patterns, or sea level, among
others, that occur over several decades or longer.'';
(E) in paragraph (7)(A), as so redesignated, by
inserting ``assessing resilience,'' after
``surveying,'';
(F) by inserting after paragraph (7), as so
redesignated, the following:
``(8) Context sensitive design principles.--The term
`context sensitive design principles' means principles for the
design of a public road that--
``(A) provides for the safe and adequate
accommodation, in all phases of project planning,
design, and development, transportation facilities for
users, including pedestrians, bicyclists, public
transportation users, children, older individuals,
individuals with disabilities, motorists, and freight
vehicles; and
``(B) considers the context in which the facility
is planned to be constructed to determine the
appropriate facility design.'';
(G) by inserting after paragraph (9), as so
redesignated, the following:
``(10) Evacuation route.--The term `evacuation route' means
a transportation route or system that--
``(A) is used to transport--
``(i) the public away from an emergency
event; or
``(ii) first responders and recovery
resources in the event of an emergency; and
``(B) is identified, consistent with sections
134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the
eligible entity with jurisdiction over the area in
which the route is located for the purposes described
in subparagraph (A).'';
(H) by inserting after paragraph (15), as so
redesignated, the following:
``(16) Greenhouse gas.--The term `greenhouse gas' has the
meaning given the term in section 211(o)(1)(G) of the Clean Air
Act (42 U.S.C. 7545(o)(1)(G)).'';
(I) by inserting after paragraph (21), as so
redesignated, the following:
``(23) Natural infrastructure.--
``(A) In general.--The term `natural
infrastructure' means infrastructure that uses,
restores, or emulates natural ecological processes
that--
``(i) is created through the action of
natural physical, geological, biological, and
chemical processes over time;
``(ii) is created by human design,
engineering, and construction to emulate or act
in concert with natural processes; or
``(iii) involves the use of plants, soils,
and other natural features, including through
the creation, restoration, or preservation of
vegetated areas using materials appropriate to
the region to manage stormwater and runoff, to
attenuate flooding and storm surges, and for
other related purposes.
``(B) Inclusion.--The term `natural infrastructure'
includes green infrastructure and nature-based
solutions.'';
(J) by inserting after paragraph (27), as so
redesignated, the following:
``(28) Protective feature.--
``(A) In general.--The term `protective feature'
means an improvement to a highway, bridge, or other
transportation facility designed to increase resilience
or mitigate the risk of recurring damage or the cost of
future repairs from climate change effects (including
sea level rise), flooding, and extreme events or other
natural disasters (including wildfires, seismic
activity, and landslides).
``(B) Inclusions.--The term `protective feature'
includes--
``(i) raising roadway grades;
``(ii) relocating roadways to higher ground
above projected flood elevation levels or away
from slide prone areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) lengthening or raising bridges to
increase waterway openings;
``(vi) increasing the size or number of
drainage structures;
``(vii) replacing culverts with bridges or
upsizing culverts;
``(viii) installing seismic retrofits on
bridges;
``(ix) scour, stream stability, coastal,
and other hydraulic countermeasures;
``(x) the use of natural infrastructure;
``(xi) integration of the use of
traditional and natural infrastructure
features;
``(xii) undergrounding public utilities in
the course of other infrastructure improvements
eligible under this title; and
``(xiii) permeable pavements for stormwater
management.'';
(K) by inserting after paragraph (30), as so
redesignated, the following:
``(31) Repeatedly damaged facility.--The term `repeatedly
damaged facility' means a road, highway, or bridge that has
required repair and reconstruction activities on 2 or more
occasions due to natural disasters or catastrophic failures
resulting in emergencies declared by the Governor of the State
in which the road, highway, or bridge is located or emergencies
or major disasters declared by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
``(32) Resilience.--
``(A) In general.--The term `resilience' means,
with respect to a facility, the ability to--
``(i) anticipate, prepare for, or adapt to
conditions; or
``(ii) withstand, respond to, or recover
rapidly from disruptions.
``(B) Inclusions.--Such term includes, with respect
to a facility, the ability to--
``(i) resist hazards or withstand impacts
from disruptions;
``(ii) reduce the magnitude, duration, or
impact of a disruption; or
``(iii) have the absorptive capacity,
adaptive capacity, and recoverability to
decrease vulnerability to a disruption.''; and
(L) by inserting after paragraph (36), as so
redesignated, the following:
``(40) Transportation demand management; tdm.--The terms
`transportation demand management' and `TDM' mean the use of
strategies to inform and encourage travelers to maximize the
efficiency of a transportation system leading to improved
mobility, reduced congestion, and lower vehicle emissions.
``(41) Transportation demand management strategies.--The
term `transportation demand management strategies' means the
use of planning, programs, policy, marketing, communications,
incentives, pricing, data, and technology to shift travel mode,
routes used, departure times, number of trips, and location and
design work space or public attractions.
``(42) Transportation system access.--The term
`transportation system access' means the ability to travel by
automobile, public transportation, pedestrian, and bicycle
networks, measured by travel time, taking into consideration--
``(A) the impacts of the level of travel stress for
non-motorized users;
``(B) costs for low-income travelers; and
``(C) the extent to which transportation access is
impacted by zoning policies and land use planning
practices that effect the affordability, elasticity,
and diversity of the housing supply.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``Defense,'' and
inserting ``Defense Highways,'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking
``Century'' and inserting ``century'';
(ii) in subparagraph (G) by striking ``;
and'' and inserting a semicolon;
(iii) in subparagraph (H) by striking
``Century.'' and inserting ``century;''; and
(iv) by adding at the end the following:
``(I) safety is the highest priority of the
Department of Transportation, and the Secretary and
States should take all actions necessary to meet the
transportation needs of the 21st century for all road
users;
``(J) climate change presents a significant risk to
safety, the economy, and national security, and
reducing the contributions of the transportation system
to the Nation's total carbon pollution is critical; and
``(K) the Secretary and States should take
appropriate measures and ensure investments to increase
the resilience of the Nation's transportation
system.''; and
(C) in paragraph (4)(A) by inserting ``while
ensuring that environmental protections are
maintained'' after ``review process''.
SEC. 1104. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States Code, is
amended--
(1) in subsection (a)(1) by striking subparagraphs (A)
through (E) and inserting the following:
``(A) $530,000,000 for fiscal year 2023;
``(B) $543,000,000 for fiscal year 2024;
``(C) $557,000,000 for fiscal year 2025; and
``(D) $572,000,000 for fiscal year 2026.'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Division Among Programs of State's Share of Base
Apportionment.--The Secretary shall distribute the amount of the base
apportionment apportioned to a State for a fiscal year under subsection
(c) among the covered programs as follows:
``(1) National highway performance program.--For the
national highway performance program, 55.09 percent of the
amount remaining after distributing amounts under paragraphs
(4), (6), (7), and (10).
``(2) Surface transportation program.--For the surface
transportation program, 28.43 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), (7), and
(10).
``(3) Highway safety improvement program.--For the highway
safety improvement program, 6.19 percent of the amount
remaining after distributing amounts under paragraphs (4), (6),
(7), and (10).
``(4) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation
and air quality improvement program, an amount
determined for the State under subparagraphs (B) and
(C).
``(B) Total amount.--The total amount for the
congestion mitigation and air quality improvement
program for all States shall be--
``(i) $2,913,925,833 for fiscal year 2023;
``(ii) $2,964,919,535 for fiscal year 2024;
``(iii) $3,024,217,926 for fiscal year
2025; and
``(iv) $3,078,653,849 for fiscal year 2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the amount
for the congestion mitigation and air quality
improvement program under subparagraph (B) so that each
State receives an amount equal to the proportion that--
``(i) the amount apportioned to the State
for the congestion mitigation and air quality
improvement program for fiscal year 2020; bears
to
``(ii) the total amount of funds
apportioned to all States for such program for
fiscal year 2020.
``(5) National highway freight program.--For the national
highway freight program, 3.38 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), (7), and
(10).
``(6) Metropolitan planning.--
``(A) In general.--For metropolitan planning, an
amount determined for the State under subparagraphs (B)
and (C).
``(B) Total amount.--The total amount for
metropolitan planning for all States shall be--
``(i) $507,500,000 for fiscal year 2023;
``(ii) $516,381,250 for fiscal year 2024;
``(iii) $526,708,875 for fiscal year 2025;
and
``(iv) $536,189,635 for fiscal year 2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the amount
for metropolitan planning under subparagraph (B) so
that each State receives an amount equal to the
proportion that--
``(i) the amount apportioned to the State
for metropolitan planning for fiscal year 2020;
bears to
``(ii) the total amount of funds
apportioned to all States for metropolitan
planning for fiscal year 2020.
``(7) Railway crossings.--
``(A) In general.--For the railway crossings
program, an amount determined for the State under
subparagraphs (B) and (C).
``(B) Total amount.--The total amount for the
railway crossings program for all States shall be
$245,000,000 for each of fiscal years 2023 through
2026.
``(C) State share.--
``(i) In general.--For each fiscal year,
the Secretary shall distribute among the States
the amount for the railway crossings program
under subparagraph (B) as follows:
``(I) 50 percent of the amount for
a fiscal year shall be apportioned to
States by the formula set forth in
section 104(b)(3)(A) (as in effect on
the day before the date of enactment of
MAP-21).
``(II) 50 percent of the amount for
a fiscal year shall be apportioned to
States in the ratio that total public
railway-highway crossings in each State
bears to the total of such crossings in
all States.
``(ii) Minimum apportionment.--
Notwithstanding clause (i), for each fiscal
year, each State shall receive a minimum of
one-half of 1 percent of the total amount for
the railway crossings program for such fiscal
year under subparagraph (B).
``(8) Predisaster mitigation program.--For the predisaster
mitigation program, 2.96 percent of the amount remaining after
distributing amounts under paragraphs (4), (6), (7), and (10).
``(9) Carbon pollution reduction program.--For the carbon
pollution reduction program, 3.95 percent of the amount
remaining after distributing amounts under paragraphs (4), (6),
(7), and (10).
``(10) Clean corridors.--
``(A) In general.--For the clean corridors program,
an amount determined for the State under subparagraphs
(B) and (C).
``(B) Total amount.--The total amount for the clean
corridors program for all States shall be
$1,000,000,000 for each of fiscal years 2023 through
2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the total
amount for the clean corridors program under
subparagraph (B) so that each State receives the amount
equal to the proportion that--
``(i) the total base apportionment
determined for the State under subsection (c);
bears to
``(ii) the total base apportionments for
all States under subsection (c).
``(c) Calculation of Amounts.--
``(1) State share.--For each of fiscal years 2023 through
2026, the amount for each State shall be determined as follows:
``(A) Initial amounts.--The initial amounts for
each State shall be determined by multiplying--
``(i) each of--
``(I) the base apportionment; and
``(II) supplemental funds reserved
under subsection (h)(1) for the highway
safety improvement program; by
``(ii) the share for each State, which
shall be equal to the proportion that--
``(I) the amount of apportionments
that the State received for fiscal year
2020; bears to
``(II) the amount of those
apportionments received by all States
for fiscal year 2020.
``(B) Adjustments to amounts.--The initial amounts
resulting from the calculation under subparagraph (A)
shall be adjusted to ensure that each State receives an
aggregate apportionment equal to at least 95 percent of
the estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most
recent fiscal year for which data are available.
``(2) State apportionment.--On October 1 of fiscal years
2023 through 2026, the Secretary shall apportion the sums
authorized to be appropriated for expenditure on the covered
programs in accordance with paragraph (1).'';
(3) in subsection (d)(1)(A)--
(A) in clause (i) by striking ``paragraphs (5)(D)
and (6) of subsection (b)'' and inserting ``subsection
(b)(6)''; and
(B) in clause (ii) by striking ``paragraphs (5)(D)
and (6) of subsection (b)'' and inserting ``subsection
(b)(6)''; and
(4) by striking subsections (h) and (i) and inserting the
following:
``(h) Supplemental Funds.--
``(1) Amount.--Before making an apportionment for a fiscal
year under subsection (c), the Secretary shall reserve for the
highway safety improvement program under section 148
$500,000,000 for each of fiscal years 2023 through 2026 for the
purpose of the safe streets set-aside under section 148(m).
``(2) Treatment of funds.--Funds reserved under paragraph
(1) and apportioned to a State under subsection (c) shall be
treated as if apportioned under subsection (b)(3), and shall be
in addition to amounts apportioned under such subsection.
``(i) Definitions.--In this section:
``(1) Base apportionment.--The term `base apportionment'
means--
``(A) the combined amount authorized for the
covered programs; minus
``(B) the supplemental funds reserved under
subsection (h) for the highway safety improvement
program.
``(2) Covered programs.--The term `covered programs'
means--
``(A) the national highway performance program
under section 119;
``(B) the surface transportation program under
section 133;
``(C) the highway safety improvement program under
section 148;
``(D) the congestion mitigation and air quality
improvement program under section 149;
``(E) the national highway freight program under
section 167;
``(F) metropolitan planning under section 134;
``(G) the railway crossings program under section
130;
``(H) the predisaster mitigation program under
section 124;
``(I) the carbon pollution reduction program under
section 171; and
``(J) the clean corridors program under section
151.''.
(b) Federal Share Payable.--Section 120(c)(3) of title 23, United
States Code, is amended--
(1) in subparagraph (A) by striking ``(5)(D),''; and
(2) in subparagraph (C)(i) by striking ``(5)(D),''.
(c) Metropolitan Transportation Planning; Title 23.--Section 134(p)
of title 23, United States Code, is amended by striking ``paragraphs
(5)(D) and (6) of section 104(b)'' and inserting ``section 104(b)(6)''.
(d) Statewide and Nonmetropolitan Transportation Planning.--Section
135(i) of title 23, United States Code, is amended by striking
``paragraphs (5)(D) and (6) of section 104(b)'' and inserting ``section
104(b)(6)''.
(e) Metropolitan Transportation Planning; Title 49.--Section
5303(p) of title 49, United States Code, is amended by striking
``section 104(b)(5)'' and inserting ``section 104(b)(6)''.
SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
Section 105 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``FAST Act'' and
inserting ``INVEST in America Act'';
(2) in subsection (c)--
(A) in paragraph (1)(A) by striking ``to be
appropriated'' each place it appears; and
(B) by adding at the end the following:
``(4) Special rule.--
``(A) Adjustment.--In making an adjustment under
paragraph (1) for an allocation, reservation, or set-
aside from an amount authorized from the Highway
Account or Mass Transit Account described in
subparagraph (B), the Secretary shall--
``(i) determine the ratio that--
``(I) the amount authorized to be
appropriated for the allocation,
reservation, or set-aside from the
account for the fiscal year; bears to
``(II) the total amount authorized
to be appropriated for such fiscal year
for all programs under such account;
``(ii) multiply the ratio determined under
clause (i) by the amount of the adjustment
determined under subsection (b)(1)(B); and
``(iii) adjust the amount that the
Secretary would have allocated for the
allocation, reservation, or set-aside for such
fiscal year but for this section by the amount
calculated under clause (ii).
``(B) Allocations, reservations, and set-asides.--
The allocations, reservations, and set-asides described
in this subparagraph are--
``(i) from the amount made available for a
fiscal year for the Federal lands
transportation program under section 203, the
amounts allocated for a fiscal year for the
National Park Service, the United States Fish
and Wildlife Service, the United States Forest
Service, the Corps of Engineers, the Bureau of
Land Management, the Bureau of Reclamation, and
independent Federal agencies with natural
resource and land management responsibilities;
``(ii) the amount made available for the
Puerto Rico highway program under section
165(a)(1);
``(iii) the amount made available for the
territorial highway program under section
165(a)(2);
``(iv) from the amounts made available for
a fiscal year for the urbanized areas formula
grants under section 5307 of title 49, the
amounts allocated for a fiscal year for the
passenger ferry grant program under section
5307(h) of such title;
``(v) from the amounts made available for a
fiscal year for the formula grants for rural
areas under section 5311 of such title, the
amounts allocated for a fiscal year for public
transportation on Indian reservations;
``(vi) from the amounts made available for
a fiscal year for the public transportation
innovation program under section 5312 of such
title--
``(I) the amounts allocated for the
zero emission vehicle component
assessment under section 5312(h) of
such title; and
``(II) the amounts allocated for
the transit cooperative research
program under section 5312(i) of such
title;
``(vii) from the amounts made available for
a fiscal year for the technical assistance and
workforce development program of section 5314
of such title, the amounts allocated for the
national transit institute under section
5314(c) of such title;
``(viii) from the amounts made available
for a fiscal year for the bus and bus
facilities program under section 5339 of such
title, the amounts allocated for a fiscal year
for the zero emission grants under section
5339(c) of such title;
``(ix) the amounts made available for
growing States under section 5340(c) of such
title; and
``(x) the amounts made available for high
density states under section 5340(d) of such
title.'';
(3) in subsection (d) by inserting ``and section 5324 of
title 49'' after ``section 125'';
(4) in subsection (e)--
(A) by striking ``There is authorized'' and
inserting ``For fiscal year 2023 and each fiscal year
thereafter, there is authorized''; and
(B) by striking ``for any of fiscal years 2017
through 2020''; and
(5) in subsection (f)(1) by striking ``section 1102 or 3018
of the FAST Act'' and inserting ``any other provision of law''.
SEC. 1106. TRANSPARENCY.
(a) Apportionment.--Section 104 of title 23, United States Code, is
amended by striking subsection (g) and inserting the following:
``(g) Highway Trust Fund Transparency and Accountability Reports.--
``(1) Requirement.--
``(A) In general.--The Secretary shall compile data
in accordance with this subsection on the use of
Federal-aid highway funds made available under this
title.
``(B) User friendly data.--The data compiled under
subparagraph (A) shall be in a user friendly format
that can be searched, downloaded, disaggregated, and
filtered by data category.
``(2) Project data.--
``(A) In general.--Not later than 120 days after
the end of each fiscal year, the Secretary shall make
available on the website of the Department of
Transportation a report that describes--
``(i) the location of each active project
within each State during such fiscal year,
including in which congressional district or
districts such project is located;
``(ii) the total cost of such project;
``(iii) the amount of Federal funding
obligated for such project;
``(iv) the program or programs from which
Federal funds have been obligated for such
project;
``(v) whether such project is located in an
area of the State with a population of--
``(I) less than 5,000 individuals;
``(II) 5,000 or more individuals
but less than 50,000 individuals;
``(III) 50,000 or more individuals
but less than 200,001 individuals; or
``(IV) greater than 200,000
individuals;
``(vi) whether such project is located in
an area of persistent poverty;
``(vii) the type of improvement being made
by such project, including categorizing such
project as--
``(I) a road reconstruction
project;
``(II) a new road construction
project;
``(III) a new bridge construction
project;
``(IV) a bridge rehabilitation
project; or
``(V) a bridge replacement project;
and
``(viii) the functional classification of
the roadway on which such project is located.
``(B) Interactive map.--In addition to the data
made available under subparagraph (A), the Secretary
shall make available on the website of the Department
of Transportation an interactive map that displays, for
each active project, the information described in
clauses (i) through (v) of subparagraph (A).
``(3) State data.--
``(A) Apportioned and allocated programs.--The
website described in paragraph (2)(A) shall be updated
annually to display the Federal-aid highway funds
apportioned and allocated to each State under this
title, including--
``(i) the amount of funding available for
obligation by the State, including prior
unobligated balances, at the start of the
fiscal year;
``(ii) the amount of funding obligated by
the State during such fiscal year;
``(iii) the amount of funding remaining
available for obligation by the State at the
end of such fiscal year; and
``(iv) changes in the obligated, unexpended
balance for the State.
``(B) Programmatic data.--The data described in
subparagraph (A) shall include--
``(i) the amount of funding by each
apportioned and allocated program for which the
State received funding under this title;
``(ii) the amount of funding transferred
between programs by the State during the fiscal
year using the authority provided under section
126; and
``(iii) the amount and program category of
Federal funds exchanged as described in section
106(g)(6).
``(4) Definitions.--In this subsection:
``(A) Active project.--
``(i) In general.--The term `active
project' means a Federal-aid highway project
using funds made available under this title on
which those funds were obligated or expended
during the fiscal year for which the estimated
total cost as of the start of construction is
greater than $5,000,000.
``(ii) Exclusion.--The term `active
project' does not include any project for which
funds are transferred to agencies other than
the Federal Highway Administration.
``(B) Interactive map.--The term `interactive map'
means a map displayed on the public website of the
Department of Transportation that allows a user to
select and view information for each active project,
State, and congressional district.
``(C) State.--The term `State' means any of the 50
States or the District of Columbia.''.
(b) Project Approval and Oversight.--Section 106 of title 23,
United States Code, is amended--
(1) in subsection (g)--
(A) in paragraph (4) by striking subparagraph (B)
and inserting the following:
``(B) Assistance to states.--The Secretary shall--
``(i) develop criteria for States to use to
make the determination required under
subparagraph (A); and
``(ii) provide training, guidance, and
other assistance to States and subrecipients as
needed to ensure that projects administered by
subrecipients comply with the requirements of
this title.
``(C) Periodic review.--The Secretary shall review,
not less frequently than every 2 years, the monitoring
of subrecipients by the States.''; and
(B) by adding at the end the following:
``(6) Federal funding exchange programs.--
``(A) In general.--If a State allows a subrecipient
to exchange Federal funds provided under this title
that are allocated to such subrecipient for State or
local funds, the State must certify to the Secretary
that the State--
``(i) has prevailing wage requirements that
are comparable to the requirements under
section 113 that apply to the use of such State
or local funds; and
``(ii) shall ensure that the prevailing
wage requirements described in clause (i) apply
to the use of such State or local funds.
``(B) Applicability.--The requirements of this
paragraph shall apply only if the requirements of
section 113 would be applicable to a covered project if
such project was carried out using Federal funds.
``(C) Covered project defined.--In this paragraph,
the term `covered project' means a project carried out
with exchanged State or local funds as described in
subparagraph (A).'';
(2) in subsection (h)(3)--
(A) in subparagraph (B) by striking ``, as
determined by the Secretary,''; and
(B) in subparagraph (D) by striking ``shall
assess'' and inserting ``in the case of a project
proposed to be advanced as a public-private
partnership, shall include a detailed value for money
analysis or comparable analysis to determine''; and
(3) by adding at the end the following:
``(k) Megaprojects.--
``(1) Comprehensive risk management plan.--To be authorized
for the construction of a megaproject, the recipient of Federal
financial assistance under this title for such megaproject
shall submit to the Secretary a comprehensive risk management
plan that contains--
``(A) a description of the process by which the
recipient will identify, quantify, and monitor the
risks, including natural hazards, that might result in
cost overruns, project delays, reduced construction
quality, or reductions in benefits with respect to the
megaproject;
``(B) examples of mechanisms the recipient will use
to track risks identified pursuant to subparagraph (A);
``(C) a plan to control such risks; and
``(D) such assurances as the Secretary determines
appropriate that the recipient shall, with respect to
the megaproject--
``(i) regularly submit to the Secretary
updated cost estimates; and
``(ii) maintain and regularly reassess
financial reserves for addressing known and
unknown risks.
``(2) Peer review group.--
``(A) In general.--Not later than 90 days after the
date on which a megaproject is authorized for
construction, the recipient of Federal financial
assistance under this title for such megaproject shall
establish a peer review group for such megaproject that
consists of at least 5 individuals (including at least
1 individual with project management experience) to
give expert advice on the scientific, technical, and
project management aspects of the megaproject.
``(B) Membership.--
``(i) In general.--Not later than 180 days
after the date of enactment of this subsection,
the Secretary shall establish guidelines
describing how a recipient described in
subparagraph (A) shall--
``(I) recruit and select members
for a peer review group established
under such subparagraph; and
``(II) make publicly available the
criteria for such selection and
identify the members so selected.
``(ii) Conflict of interest.--No member of
a peer review group for a megaproject may have
a direct or indirect financial interest in such
megaproject.
``(C) Tasks.--A peer review group established under
subparagraph (A) by a recipient of Federal financial
assistance for a megaproject shall--
``(i) meet annually until completion of the
megaproject;
``(ii) not later than 90 days after the
date of the establishment of the peer review
group and not later than 90 days after the date
of any significant change, as determined by the
Secretary, to the scope, schedule, or budget of
the megaproject, review the scope, schedule,
and budget of the megaproject, including
planning, engineering, financing, and any other
elements determined appropriate by the
Secretary; and
``(iii) submit to the Secretary, Congress,
and such recipient a report on the findings of
each review under clause (ii).
``(3) Transparency.--Not later than 90 days after the
submission of a report under paragraph (2)(C)(iii), the
Secretary shall publish on the website of the Department of
Transportation such report.
``(4) Megaproject defined.--In this subsection, the term
`megaproject' means a project under this title that has an
estimated total cost of $2,000,000,000 or more, and such other
projects as may be identified by the Secretary.
``(l) Special Experimental Projects.--
``(1) Public availability.--The Secretary shall publish on
the website of the Department of Transportation a copy of all
letters of interest, proposals, workplans, and reports related
to the special experimental project authority pursuant to
section 502(b). The Secretary shall redact confidential
business information, as necessary, from any such information
published.
``(2) Notification.--Not later than 3 days before making a
determination to proceed with an experiment under a letter of
interest described in paragraph (1), the Secretary shall
provide notification and a description of the proposed
experiment to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
``(3) Report to congress.--Not later than 2 years after the
date of enactment of the INVEST in America Act, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that includes--
``(A) a summary of each experiment described in
this subsection carried out over the previous 5 years;
and
``(B) legislative recommendations, if any, based on
the findings of such experiments.
``(m) Competitive Grant Program Oversight and Accountability.--
``(1) In general.--To ensure the accountability and
oversight of the discretionary grant selection process
administered by the Secretary, a covered program shall be
subject to the requirements of this section, in addition to the
requirements applicable to each covered program.
``(2) Application process.--The Secretary shall--
``(A) develop a template for applicants to use to
summarize--
``(i) project needs and benefits; and
``(ii) any factors, requirements, or
considerations established for the applicable
covered program;
``(B) create a data driven process to evaluate, as
set forth in the covered program, each eligible project
for which an application is received; and
``(C) make a determination, based on the evaluation
made pursuant to subparagraph (B), on any ratings,
rankings, scores, or similar metrics for applications
made to the covered program.
``(3) Notification of congress.--Not less than 15 days
before making a grant for a covered program, the Secretary
shall notify, in writing, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on the Environment and Public Works of the Senate
of--
``(A) the amount for each project proposed to be
selected;
``(B) a description of the review process;
``(C) for each application, the determination made
under paragraph (2)(C); and
``(D) a detailed explanation of the basis for each
award proposed to be selected.
``(4) Notification of applicants.--Not later than 30 days
after making a grant for a project under a covered program, the
Secretary shall send to all applicants under such covered
program, and publish on the website of the Department of
Transportation--
``(A) a summary of each application made to the
covered program for the given round of funding; and
``(B) the evaluation and justification for the
project selection, including all ratings, rankings,
scores, or similar metrics for applications made to the
covered program for the given round of funding during
each phase of the grant selection process.
``(5) Briefing.--The Secretary shall provide, at the
request of a grant applicant of a covered program, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(6) Template.--The Secretary shall, to the extent
practicable, develop a template as described in paragraph
(2)(A) for any discretionary program administered by the
Secretary that is not a covered program.
``(7) Covered program defined.--The term `covered program'
means each of the following discretionary grant programs:
``(A) Community climate innovation grants under
section 172.
``(B) Federal lands and tribal major projects
grants under section 208.
``(C) Mobility through advanced technologies grants
under section 503(c)(4).
``(D) Rebuild rural bridges program under section
1307 of the INVEST in America Act.
``(E) Parking for commercial motor vehicle grants
under section 1308 of the INVEST in America Act.
``(F) Active connected transportation grants under
section 1309 of the INVEST in America Act.
``(G) Wildlife crossings grants under section 1310
of the INVEST in America Act.
``(H) Reconnecting neighborhoods capital
construction grants under section 1311(d) of the INVEST
in America Act.''.
(c) Division Office Consistency.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that--
(1) analyzes the consistency of determinations among
division offices of the Federal Highway Administration; and
(2) makes recommendations to improve the consistency of
such determinations.
(d) Improving Risk Based Stewardship and Oversight.--Not later than
180 days after the date of enactment of this Act, the Administrator of
the Federal Highway Administration shall reference U.S. DOT Office of
Inspector General Report No. ST2020035 and take the following actions,
as necessary, to improve the risk based stewardship and oversight of
the Federal Highway Administration:
(1) Update and implement Federal Highway Administration
guidance for risk-based project involvement to clarify the
requirements for its project risk-assessment process, including
expectations for conducting and documenting the risk assessment
and criteria to guide the reevaluation of project risks.
(2) Identify and notify division offices of the Federal
Highway Administration about sources of information that can
inform the project risk-assessment process.
(3) Update and implement Federal Highway Administration
guidance for risk-based project involvement to clarify how the
link between elevated risks and associated oversight
activities, changes to oversight actions, and the results of
its risk-based involvement should be documented in project
oversight plans.
(4) Develop and implement a process to routinely monitor
the implementation and evaluate the effectiveness of Federal
Highway Administration risk-based project involvement.
SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET DESIGN.
(a) Standards.--Section 109 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``planned future
traffic of the highway in a manner that is conducive
to'' and inserting ``future operational performance of
the facility in a manner that enhances''; and
(B) in paragraph (2) by inserting ``, taking into
consideration context sensitive design principles''
after ``each locality'';
(2) in subsection (b)--
(A) by striking ``The geometric'' and inserting
``Design Criteria for the Interstate System.--The
geometric''; and
(B) by striking ``the types and volumes of traffic
anticipated for such project for the twenty-year period
commencing on the date of approval by the Secretary,
under section 106 of this title, of the plans,
specifications, and estimates for actual construction
of such project'' and inserting ``the existing and
future operational performance of the facility'';
(3) in subsection (c)(1)--
(A) in subparagraph (C) by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(E) context sensitive design principles.'';
(4) by striking subsection (o) and inserting the following:
``(o) Compliance With State Laws for Non-NHS Projects.--
``(1) In general.--Projects (other than highway projects on
the National Highway System) shall--
``(A) be designed, constructed, operated, and
maintained in accordance with State laws, regulations,
directives, safety standards, design standards, and
construction standards; and
``(B) take into consideration context sensitive
design principles.
``(2) Design flexibility.--
``(A) In general.--
``(i) In general.--A local jurisdiction may
select the most appropriate design publication
for the roadway context in which the local
jurisdiction is located for the design of a
project on a roadway (other than a highway on
the National Highway System) if--
``(I) the local jurisdiction
provides notification and justification
of the use of such design publication
to any State in which the project is
located; and
``(II) the design complies with all
other applicable Federal and State
laws.
``(ii) Review.--If a State rejects a local
jurisdiction's selection of a design
publication under this subparagraph, the local
jurisdiction may submit notification and
justification of such use to the Secretary. The
Secretary shall make a determination to approve
or deny such submission not later than 90 days
after receiving such submission.
``(B) State-owned roads.--In the case of a roadway
under the ownership of the State, the local
jurisdiction may select the most appropriate design
publication only with the concurrence of the State.
``(C) Programmatic basis.--The Secretary may
consider the use of a design publication under this
paragraph on a programmatic basis.''; and
(5) by adding at the end the following:
``(s) Context Sensitive Design.--
``(1) Context sensitive design principles.--The Secretary
shall consult with State and local officials prior to approving
any roadway design publications under this section to ensure
that the design publications provide adequate flexibility for a
project sponsor to select the appropriate design of a roadway,
consistent with context sensitive design principles.
``(2) Policies or procedures.--
``(A) In general.--Not later than 1 year after the
Secretary publishes the final guidance described in
paragraph (3), each State shall adopt policies or
procedures to evaluate the context of a proposed
roadway and select the appropriate design, consistent
with context sensitive design principles.
``(B) Local governments.--The Secretary and States
shall encourage local governments to adopt policies or
procedures described under subparagraph (A).
``(C) Considerations.--The policies or procedures
developed under this paragraph shall take into
consideration the guidance developed by the Secretary
under paragraph (3).
``(3) Guidance.--
``(A) In general.--
``(i) Notice.--Not later than 1 year after
the date of enactment of this subsection, the
Secretary shall publish guidance on the
official website of the Department of
Transportation on context sensitive design.
``(ii) Public review and comment.--The
guidance described in this paragraph shall be
finalized following an opportunity for public
review and comment.
``(iii) Update.--The Secretary shall
periodically update the guidance described in
this paragraph, including the model policies or
procedures described under subparagraph (B)(v).
``(B) Contents.--The guidance described in this
paragraph shall--
``(i) provide best practices for States,
metropolitan planning organizations, regional
transportation planning organizations, local
governments, or other project sponsors to
implement context sensitive design principles;
``(ii) identify opportunities to modify
planning, scoping, design, and development
procedures to more effectively combine modes of
transportation into integrated facilities that
meet the needs of each of such modes of
transportation in an appropriate balance;
``(iii) identify metrics to assess the
context of the facility, including surrounding
land use or roadside characteristics;
``(iv) assess the expected operational and
safety performance of facility design; and
``(v) establish model policies or
procedures, consistent with the findings of
such guidance, for a State or other project
sponsor to evaluate the context of a proposed
facility and select the appropriate facility
design for the context.
``(C) Topics of emphasis.--In addition to the
contents in subparagraph (B), the guidance shall
emphasize--
``(i) procedures for identifying the needs
of users of all ages and abilities of a
particular roadway;
``(ii) procedures for identifying the types
and designs of facilities needed to serve
various modes of transportation;
``(iii) safety and other benefits provided
by carrying out context sensitive design
principles;
``(iv) common barriers to carrying out
context sensitive design principles;
``(v) procedures for overcoming the most
common barriers to carrying out context
sensitive design principles;
``(vi) procedures for identifying the costs
associated with carrying out context sensitive
design principles;
``(vii) procedures for maximizing local
cooperation in the introduction of context
sensitive design principles and carrying out
those principles; and
``(viii) procedures for assessing and
modifying the facilities and operational
characteristics of existing roadways to improve
consistency with context sensitive design
principles.
``(4) Funding.--Amounts made available under sections
104(b)(6) and 505 of this title may be used for States, local
governments, metropolitan planning organizations, or regional
transportation planning organizations to adopt policies or
procedures to evaluate the context of a proposed roadway and
select the appropriate design, consistent with context
sensitive design principles.''.
(b) Conforming Amendment.--Section 1404(b) of the FAST Act (23
U.S.C. 109 note) is repealed.
SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL SHARE.
(a) In General.--Section 120(c)(3)(B) of title 23, United States
Code, is amended--
(1) by striking clauses (i) and (ii) and inserting the
following:
``(i) prefabricated bridge elements and
systems, innovative materials, and other
technologies to reduce bridge construction
time, extend service life, and reduce
preservation costs, as compared to
conventionally designed and constructed
bridges;
``(ii) innovative construction equipment,
materials, techniques, or practices, including
the use of in-place recycling technology,
digital 3-dimensional modeling technologies,
and advanced digital construction management
systems;'';
(2) by redesignating clause (vi) as clause (ix);
(3) in clause (v) by striking ``or'' at the end; and
(4) by inserting after clause (v) the following:
``(vi) innovative pavement materials that
demonstrate reductions in--
``(I) greenhouse gas emissions
through sequestration or innovative
manufacturing processes; or
``(II) local air pollution,
stormwater runoff, or noise pollution;
``(vii) innovative culvert materials that
are made with recycled content and demonstrate
reductions in greenhouse gas emissions;
``(viii) contractual provisions that
provide safety contingency funds to incorporate
safety enhancements to work zones prior to or
during roadway construction and maintenance
activities; or''.
(b) Technical Amendment.--Section 107(a)(2) of title 23, United
States Code, is amended by striking ``subsection (c) of''.
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
Section 126(b) of title 23, United States Code, is amended--
(1) in the heading by inserting ``and Programs'' after
``Set-Asides'';
(2) in paragraph (1) by striking ``and 133(d)(1)(A)'' and
inserting ``, 130, 133(d)(1)(A), 133(h), 148(m), 149, 151(f),
and 171''; and
(3) by striking paragraph (2) and inserting the following:
``(2) Environmental programs.--With respect to an
apportionment under either paragraph (4) or paragraph (9) of
section 104(b), and notwithstanding paragraph (1), a State may
only transfer not more than 50 percent from the amount of the
apportionment of either such paragraph to the apportionment
under the other such paragraph in a fiscal year.''.
SEC. 1110. TOLLING.
(a) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129 of
title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Authorization.--Subject to the provisions of
this section, Federal participation shall be permitted
on the same basis and in the same manner as
construction of toll-free highways is permitted under
this chapter in the--
``(i) initial construction of a toll
highway, bridge, or tunnel or approach to the
highway, bridge, or tunnel;
``(ii) initial construction of 1 or more
lanes or other improvements that increase
capacity of a highway, bridge, or tunnel (other
than a highway on the Interstate System) and
conversion of that highway, bridge, or tunnel
to a tolled facility, if the number of toll-
free lanes, excluding auxiliary lanes, after
the construction is not less than the number of
toll-free lanes, excluding auxiliary lanes,
before the construction;
``(iii) initial construction of 1 or more
lanes or other improvements that increase the
capacity of a highway, bridge, or tunnel on the
Interstate System and conversion of that
highway, bridge, or tunnel to a tolled
facility, if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after such
construction is not less than the number of
toll-free non-HOV lanes, excluding auxiliary
lanes, before such construction;
``(iv) reconstruction, resurfacing,
restoration, rehabilitation, or replacement of
a toll highway, bridge, or tunnel or approach
to the highway, bridge, or tunnel;
``(v) reconstruction or replacement of a
toll-free bridge or tunnel and conversion of
the bridge or tunnel to a toll facility;
``(vi) reconstruction of a toll-free
Federal-aid highway (other than a highway on
the Interstate System) and conversion of the
highway to a toll facility;
``(vii) reconstruction, restoration, or
rehabilitation of a highway on the Interstate
System if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after
reconstruction, restoration, or rehabilitation
is not less than the number of toll-free non-
HOV lanes, excluding auxiliary lanes, before
reconstruction, restoration, or rehabilitation;
``(viii) conversion of a high occupancy
vehicle lane on a highway, bridge, or tunnel to
a toll facility, subject to the requirements of
section 166; and
``(ix) preliminary studies to determine the
feasibility of a toll facility for which
Federal participation is authorized under this
paragraph.
``(B) Agreement to toll.--
``(i) In general.--Before the Secretary may
authorize tolling under this subsection, the
public authority with jurisdiction over a
highway, bridge, or tunnel shall enter into an
agreement with the Secretary to ensure
compliance with the requirements of this
subsection.
``(ii) Applicability.--
``(I) In general.--The requirements
of this subparagraph shall apply to--
``(aa) Federal
participation under
subparagraph (A);
``(bb) any prior Federal
participation in the facility
proposed to be tolled; and
``(cc) conversion, with or
without Federal participation,
of a non-tolled lane on the
National Highway System to a
toll facility under
subparagraph (E).
``(II) HOV facility.--Except as
otherwise provided in this subsection
or section 166, the provisions of this
paragraph shall not apply to a high
occupancy vehicle facility.
``(iii) Major federal action.--Approval by
the Secretary of an agreement to toll under
this paragraph shall be considered a major
Federal action under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(C) Agreement conditions.--Prior to entering into
an agreement to toll under subparagraph (B), the public
authority shall certify to the Secretary that--
``(i) the public authority has established
procedures to ensure the toll meets the
purposes and requirements of this subsection;
``(ii) the facility shall provide for
access at no cost to public transportation
vehicles and over-the-road buses serving the
public; and
``(iii) the facility shall provide for the
regional interoperability of electronic toll
collection, including through technologies or
business practices.
``(D) Consideration of impacts.--
``(i) In general.--Prior to entering into
an agreement to toll under subparagraph (B),
the Secretary shall ensure the public authority
has adequately considered, including by
providing an opportunity for public comment,
the following factors within the corridor:
``(I) Congestion impacts on both
the toll facility and in the corridor
or cordon (including adjacent toll-free
facilities).
``(II) In the case of a non-
attainment or maintenance area, air
quality impacts.
``(III) Planned investments to
improve public transportation or other
non-tolled alternatives in the
corridor.
``(IV) Environmental justice and
equity impacts.
``(V) Impacts on freight movement.
``(VI) Economic impacts on
businesses.
``(ii) Consideration in environmental
review.--Nothing in this subparagraph shall
limit a public authority from meeting the
requirements of this subparagraph through the
environmental review process, as applicable.
``(E) Congestion pricing.--
``(i) In general.--The Secretary may
authorize conversion of a non-tolled lane on
the National Highway System to a toll facility
to utilize pricing to manage the demand to use
the facility by varying the toll amount that is
charged.
``(ii) Requirement.--Prior to entering into
an agreement to convert a non-tolled lane on
the National Highway System to a toll facility,
the Secretary shall ensure (in addition to the
requirements under subparagraphs (B), (C), and
(D)) that such toll facility and the planned
investments to improve public transportation or
other non-tolled alternatives in the corridor
are reasonably expected to improve the
operation of the cordon or corridor, as
described in clauses (iii) and (iv).
``(iii) Performance monitoring.--A public
authority that enters into an agreement to
convert a non-tolled lane to a toll facility
under this subparagraph shall--
``(I) establish, monitor, and
support a performance monitoring,
evaluation, and reporting program--
``(aa) for the toll
facility that provides for
continuous monitoring,
assessment, and reporting on
the impacts that the pricing
structure may have on the
operation of the facility; and
``(bb) for the corridor or
cordon that provides for
continuous monitoring,
assessment, and reporting on
the impacts of congestion
pricing on the operation of the
corridor or cordon;
``(II) submit to the Secretary
annual reports of the impacts described
in subclause (I); and
``(III) if the facility or the
corridor or cordon becomes degraded, as
described in clause (iv), submit to the
Secretary an annual update that
describes the actions proposed to bring
the toll facility into compliance and
the progress made on such actions.
``(iv) Determination.--
``(I) Degraded operation.--For
purposes of clause (iii)(III), the
operation of a toll facility shall be
considered to be degraded if vehicles
operating on the facility are failing
to maintain a minimum average operating
speed 90 percent of the time over a
consecutive 180-day period during peak
hour periods.
``(II) Degraded corridor or
cordon.--For the purposes of clause
(iii)(III), a corridor or cordon shall
be considered to be degraded if
congestion pricing or investments to
improve public transportation or other
non-tolled alternatives have not
resulted in--
``(aa) an increase in
person or freight throughput in
the corridor or cordon; or
``(bb) a reduction in
person hours of delay in the
corridor or cordon, as
determined by the Secretary.
``(III) Definition of minimum
average operating speed.--In this
subparagraph, the term `minimum average
operating speed' means--
``(aa) 35 miles per hour,
in the case of a toll facility
with a speed limit of 45 miles
per hour or greater; and
``(bb) not more than 10
miles per hour below the speed
limit, in the case of a toll
facility with a speed limit of
less than 50 miles per hour.
``(v) Maintenance of operating
performance.--
``(I) In general.--Not later than
180 days after the date on which a
facility or a corridor or cordon
becomes degraded under clause (iv), the
public authority with jurisdiction over
the facility shall submit to the
Secretary for approval a plan that
details the actions the public
authority will take to make significant
progress toward bringing the facility
or corridor or cordon into compliance
with this subparagraph.
``(II) Notice of approval or
disapproval.--Not later than 60 days
after the date of receipt of a plan
under subclause (I), the Secretary
shall provide to the public authority a
written notice indicating whether the
Secretary has approved or disapproved
the plan based on a determination of
whether the implementation of the plan
will make significant progress toward
bringing the facility or corridor or
cordon into compliance with this
subparagraph.
``(III) Update.--Until the date on
which the Secretary determines that the
public authority has brought the
facility or corridor or cordon into
compliance with this subparagraph, the
public authority shall submit annual
updates that describe--
``(aa) the actions taken to
bring the facility into
compliance;
``(bb) the actions taken to
bring the corridor or cordon
into compliance; and
``(cc) the progress made by
those actions.
``(IV) Compliance.--If a public
authority fails to bring a facility
into compliance under this
subparagraph, the Secretary may subject
the public authority to appropriate
program sanctions under section 1.36 of
title 23, Code of Federal Regulations
(or successor regulations), until the
performance is no longer degraded.
``(vi) Consultation of mpo.--If a toll
facility authorized under this subparagraph is
located on the National Highway System and in a
metropolitan planning area established in
accordance with section 134, the public
authority shall consult with the metropolitan
planning organization for the area.
``(vii) Inclusion.--For the purposes of
this paragraph, the corridor or cordon shall
include toll-free facilities that are adjacent
to the toll facility.'';
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (iv) by striking
``and'' at the end; and
(II) by striking clause (v) and
inserting the following:
``(v) any project eligible under this title
or chapter 53 of title 49 that improves the
operation of the corridor or cordon by
increasing person or freight throughput and
reducing person hours of delay;
``(vi) toll discounts or rebates for users
of the toll facility that have no reasonable
alternative transportation method to the toll
facility; and
``(vii) if the public authority certifies
annually that the tolled facility is being
adequately maintained and the cordon or
corridor is not degraded under paragraph
(1)(E), any revenues remaining after funding
the activities described in clauses (i) through
(vi) shall be considered surplus revenue and
may be used for any other purpose for which
Federal funds may be obligated by a State under
this title or chapter 53 of title 49.'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Transparency.--
``(i) Annual audit.--
``(I) In general.--A public
authority with jurisdiction over a toll
facility shall conduct or have an
independent auditor conduct an annual
audit of toll facility records to
verify adequate maintenance and
compliance with subparagraph (A), and
report the results of the audits to the
Secretary.
``(II) Records.--On reasonable
notice, the public authority shall make
all records of the public authority
pertaining to the toll facility
available for audit by the Secretary.
``(ii) Use of revenues.--A State or public
authority that obligates amounts under clauses
(v), (vi), or (vii) of subparagraph (A) shall
annually report to the Secretary a list of
activities funded with such amounts and the
amount of funding provided for each such
activity.'';
(C) in paragraph (8) by striking ``as of the date
of enactment of the MAP-21, before commencing any
activity authorized'' and inserting ``, before
commencing any activity authorized'';
(D) in paragraph (9)--
(i) by striking ``bus'' and inserting
``vehicle''; and
(ii) by striking ``buses'' and inserting
``vehicles''; and
(E) by striking paragraph (10) and inserting the
following:
``(10) Interoperability of electronic toll collection.--
``(A) In general.--All toll facilities on Federal-
aid highways shall provide for the regional
interoperability of electronic toll collection,
including through technologies or business practices.
``(B) Prohibition on restriction.--No State, or any
political subdivision thereof, shall restrict the
information that is shared across public and private
toll facility operators or their agents or contractors
for purposes of facilitating, operating, or maintaining
electronic toll collection programs.
``(11) Noncompliance.--If the Secretary concludes that a
public authority has not complied with the requirements of this
subsection, the Secretary may require the public authority to
discontinue collecting tolls until the public authority and the
Secretary enter into an agreement for the public authority to
achieve compliance with such requirements.
``(12) Definitions.--In this subsection, the following
definitions apply:
``(A) Federal participation.--The term `Federal
participation' means the use of funds made available
under this title.
``(B) High occupancy vehicle; hov.--The term `high
occupancy vehicle' or `HOV' means a vehicle with not
fewer than 2 occupants.
``(C) Initial construction.--
``(i) In general.--The term `initial
construction' means the construction of a
highway, bridge, tunnel, or other facility at
any time before it is open to traffic.
``(ii) Exclusions.--The term `initial
construction' does not include any improvement
to a highway, bridge, tunnel, or other facility
after it is open to traffic.
``(D) Over-the-road bus.--The term `over-the-road
bus' has the meaning given the term in section 301 of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12181).
``(E) Public authority.--The term `public
authority' means a State, interstate compact of States,
or public entity designated by a State.
``(F) Public transportation vehicle.--The term
`public transportation vehicle' has the meaning given
that term in section 166.
``(G) Toll facility.--The term `toll facility'
means a toll highway, bridge, or tunnel or approach to
the highway, bridge, or tunnel constructed or
authorized to be tolled under this subsection.''.
(b) Repeal of Interstate System Reconstruction and Rehabilitation
Pilot Program.--Section 1216 of the Transportation Equity Act for the
21st Century (23 U.S.C. 129 note), and the item related to such section
in the table of contents in section 1(b) of such Act, are repealed.
(c) Value Pricing Pilot Program.--Section 1012(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is
amended by adding at the end the following:
``(9) Sunset.--The Secretary may not consider an expression
of interest submitted under this section after the date of
enactment of this paragraph.''.
(d) Savings Clause.--
(1) Application of limitations.--Any toll facility
described in paragraph (2) shall be subject to the requirements
of section 129(a)(3) of title 23, United States Code, as in
effect on the day before the date of enactment of this Act.
(2) Toll facilities.--A toll facility described in this
paragraph is a facility that, on the day prior to the date of
enactment of this Act, was--
(A) operating;
(B) in the planning and design phase; or
(C) in the construction phase.
(e) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Transportation shall submit to Congress a
report on the implementation of the interoperability of toll collection
as required under section 1512(b) of MAP-21, including an assessment of
the progress in, and barriers on, such implementation.
SEC. 1111. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)(C)(iii) by striking
``transportation buses'' and inserting ``transportation
vehicles'';
(B) in paragraph (5)(B) by striking ``2019'' and
inserting ``2025''; and
(C) by adding at the end the following:
``(6) Emergency vehicles.--The public authority may allow
the following vehicles to use the HOV facility if the authority
establishes requirements for clearly identifying the vehicles:
``(A) An emergency vehicle that is responding to an
existing emergency.
``(B) A blood transport vehicle that is
transporting blood between collection points and
hospitals or storage centers.''.
(2) in subsection (d)(2)(A)(i) by striking ``45 miles per
hour, in the case of a HOV facility with a speed limit of 50
miles per hour or greater'' and inserting ``35 miles per hour,
in the case of a HOV facility with a speed limit of 45 miles
per hour or greater'';
(3) in subsection (d)(2)(B) by striking ``morning or
evening weekday peak hour periods (or both)'' and inserting
``peak hour periods'';
(4) in subsection (e)--
(A) by striking ``Not later than 180 days after the
date of enactment of this section, the Administrator''
and inserting ``The Administrator'';
(B) in paragraph (1) by striking ``and'' at the
end;
(C) in paragraph (2) by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(3) not later than 180 days after the date of enactment
of the INVEST in America Act, update the requirements
established under paragraph (1).''; and
(5) in subsection (f)--
(A) in paragraph (1)--
(i) by striking subparagraphs (C), (D), and
(F); and
(ii) by redesignating subparagraphs (E),
(G), (H), and (I) as subparagraphs (C), (D),
(E), and (F), respectively; and
(B) in paragraph (6)(B)(i) by striking ``public
entity'' and inserting ``public transportation service
that is a recipient or subrecipient of funds under
chapter 53 of title 49''.
SEC. 1112. BUY AMERICA.
(a) In General.--Section 313 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Notwithstanding'' and inserting
``In General.--Notwithstanding'';
(B) by striking ``Secretary of Transportation'' and
inserting ``Secretary'';
(C) by striking ``the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or''; and
(D) by striking ``and manufactured products'' and
inserting ``manufactured products, and construction
materials'';
(2) in subsection (b) by inserting ``Determination.--''
before ``The provisions'';
(3) in subsection (c) by striking ``For purposes'' and
inserting ``Calculation.--For purposes'';
(4) in subsection (d)--
(A) by striking ``The Secretary of Transportation''
and inserting ``Requirements.--The Secretary''; and
(B) by striking ``the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or''; and
(5) by adding at the end the following:
``(h) Waiver Procedure.--
``(1) In general.--Not later than 120 days after the
submission of a request for a waiver, the Secretary shall make
a determination under paragraph (1) or (2) of subsection (b) as
to whether subsection (a) shall apply.
``(2) Public notification and comment.--
``(A) In general.--Not later than 30 days before
making a determination regarding a waiver described in
paragraph (1), the Secretary shall provide notification
and an opportunity for public comment on the request
for such waiver.
``(B) Notification requirements.--The notification
required under subparagraph (A) shall--
``(i) describe whether the application is
being made for a determination described in
subsection (b)(1); and
``(ii) be provided to the public by
electronic means, including on the public
website of the Department of Transportation.
``(3) Determination.--Before a determination described in
paragraph (1) takes effect, the Secretary shall publish a
detailed justification for such determination that addresses
all public comments received under paragraph (2)--
``(A) on the public website of the Department of
Transportation; and
``(B) if the Secretary issues a waiver with respect
to such determination, in the Federal Register.
``(i) Review of Nationwide Waivers.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and at least every 5 years
thereafter, the Secretary shall review any standing nationwide
waiver issued by the Secretary under this section to ensure
such waiver remains justified.
``(2) Public notification and opportunity for comment.--
``(A) In general.--Not later than 30 days before
the completion of a review under paragraph (1), the
Secretary shall provide notification and an opportunity
for public comment on such review.
``(B) Means of notification.--Notification provided
under this subparagraph shall be provided by electronic
means, including on the public website of the
Department of Transportation.
``(3) Detailed justification in federal register.--After
the completion of a review under paragraph (1), the Secretary
shall publish in the Federal Register a detailed justification
for the determination made under paragraph (1) that addresses
all public comments received under paragraph (2).
``(4) Consideration.--In conducting the review under
paragraph (1), the Secretary shall consider the research on
supply chains carried out under section 1112(c) of the INVEST
in America Act.
``(j) Report.--Not later than 120 days after the last day of each
fiscal year, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Appropriations of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
Committee on Appropriations of the Senate a report on the waivers
provided under subsection (h) during the previous fiscal year and the
justifications for such waivers.
``(k) Construction Materials Defined.--In this section, the term
`construction materials' means primary materials that are commonly used
in highway construction, as determined by the Secretary.''.
(b) Construction Materials.--
(1) Establishment of requirements.--The Secretary shall
issue such regulations as are necessary to implement the
amendment made subsection (a)(1)(D). Such regulations shall
ensure the continued availability of construction materials to
carry out projects under title 23, United States Code.
(2) Considerations.--The requirements of this section, and
the amendments made by this section--
(A) shall seek to maximize jobs located in the
United States;
(B) may establish domestic content requirements
that increase over time, based on the current and
expected future domestic availability of construction
materials; and
(C) shall take into consideration the research
conducted under subsection (c).
(3) Applicability.--The amendment made by subsection
(a)(1)(D) shall take effect beginning on the date that the
Secretary establishes the requirements described under
paragraph (1).
(c) Research on Supply Chains.--
(1) In general.--The Secretary shall conduct research on
covered items that are commonly used or acquired under title
23, United States Code, including--
(A) construction materials;
(B) manufactured products;
(C) vehicles; and
(D) alternative fuel infrastructure and electric
vehicle supply equipment.
(2) Considerations.--The research under paragraph (1) shall
consider--
(A) the domestic availability of covered items;
(B) the supply chain for covered items.
(C) the estimated market share of 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
(D) the cost differential, if any, of domestically
produced covered items as compared to non-domestically
produced covered items.
(3) Domestic suppliers.--As part of the review under this
paragraph, the Secretary may establish and maintain a list of
known domestic suppliers of covered items.
(4) Definition of covered item.--For the purposes of this
section, the term ``covered item'' means any material or
product 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) 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 and subcontractors on construction work performed on
projects financed or otherwise assisted in whole or in part by a loan,
loan guarantee, grant, credit enhancement, or any other form of Federal
assistance administered by the Secretary or the Department, including
programs to capitalize revolving loan funds and subsequent financing
cycles under such funds, shall be paid wages at rates not less than
those prevailing on projects of a character similar in the locality, as
determined by the Secretary of Labor in accordance with subchapter IV
of chapter 31 of title 40. With respect to the labor standards
specified in this section, the Secretary of Labor shall have the
authority and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267) and section 3145 of title 40.'';
(2) by redesignating subsection (c) as subsection (b); and
(3) in subsection (b), as so redesignated, by inserting
``Apprenticeship and Skill Training Programs.--'' before ``The
provisions''.
(b) Conforming Amendments.--
(1) Section 133 of title 23, United States Code, is amended
by striking subsection (i).
(2) Section 167 of title 23, United States Code, is amended
by striking subsection (l).
(3) Section 1401 of the MAP-21 (23 U.S.C. 137 note) is
amended by striking subsection (e).
SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) except as provided under subparagraph (C),
have a term of not more than 3 years;'';
(2) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) for any State that has assumed the
responsibility for categorical exclusions under this
section for at least 10 years, have a term of 5
years.''.
SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN
AGREEMENTS.
Section 327 of title 23, United States Code, is amended--
(1) in subsection (a)(2)(G) by inserting ``, including the
payment of fees awarded under section 2412 of title 28'' after
``with the project''.
(2) in subsection (c)--
(A) by striking paragraph (5) and inserting the
following:
``(5) except as provided under paragraph (7), have a term
of not more than 5 years;'';
(B) in paragraph (6) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) for any State that has participated in a program
under this section (or under a predecessor program) for at
least 10 years, have a term of 10 years.'';
(3) in subsection (g)(1)--
(A) in subparagraph (C) by striking ``annual'';
(B) in subparagraph (B) by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (B) the
following:
``(C) in the case of an agreement period of greater
than 5 years under subsection (c)(7), conduct an audit
covering the first 5 years of the agreement period;
and''; and
(4) by adding at the end the following:
``(m) Agency Deemed to Be Federal Agency.--A State agency that is
assigned a responsibility under an agreement under this section shall
be deemed to be an agency of the United States for the purposes of
section 2412 of title 28.''.
SEC. 1116. CORROSION PREVENTION FOR BRIDGES.
(a) Definitions.--In this section:
(1) Applicable bridge projects.--The term ``applicable
bridge projects'' means a project for construction,
replacement, rehabilitation, preservation, or protection, other
than de minimis work, as determined by the applicable State
department of transportation, on a bridge project that receives
financial assistance under title 23, United States Code.
(2) Certified contractor.--The term ``certified
contractor'' means a contracting or subcontracting firm that
has been certified by an industry-wide recognized third party
organization that evaluates the capability of the contractor or
subcontractor to properly perform 1 or more specified aspects
of applicable bridge projects described in subsection (b)(2).
(3) Qualified training program.--The term ``qualified
training program'' means a training program in corrosion
control, mitigation, and prevention that is either--
(A) offered or accredited by an organization that
sets industry corrosion standards; or
(B) an industrial coatings applicator training
program registered under the Act of August 16, 1937 (29
U.S.C. 50 et seq.; commonly known as the ``National
Apprenticeship Act'') that meets the standards of
subpart A of part 29 and part 30 of title 29, Code of
Federal Regulations.
(b) Applicable Bridge Projects.--
(1) Quality control.--A certified contractor shall carry
out aspects of an applicable bridge project described in
paragraph (2).
(2) Aspects of applicable bridge projects.--Aspects of an
applicable bridge project referred to in paragraph (1) shall
include--
(A) surface preparation or coating application on
steel or rebar of an applicable bridge project;
(B) removal of a lead-based or other hazardous
coating from steel of an existing applicable bridge
project; and
(C) shop painting of structural steel or rebar
fabricated for installation on an applicable bridge
project.
(3) Corrosion management system.--In carrying out an
applicable bridge project, a State department of transportation
shall--
(A) implement a corrosion management system that
utilizes industry-recognized standards and corrosion
mitigation and prevention methods to address--
(i) surface preparation;
(ii) protective coatings;
(iii) materials selection;
(iv) cathodic protection;
(v) corrosion engineering;
(vi) personnel training; and
(vii) best practices in environmental
protection to prevent environmental degradation
and uphold public health.
(B) require certified contractors, for the purpose
of carrying out aspects of applicable bridge projects
described in paragraph (2), to employ a substantial
number of individuals that are trained and certified by
a qualified training program as meeting the ANSI/NACE
Number 13/SSPC-ACS-1 standard or future versions of
this standard.
(4) Certification.--The applicable State department of
transportation shall only accept bids for projects that include
aspects of applicable bridge projects described in paragraph
(2) from a certified contractor that presents written proof
that the certification of such contractor meets the standards
of SSPC QP1, QP2, and QP3 or future versions of these
standards.
(c) Training Program.--As a condition of entering into a contract
for an applicable bridge project, each certified contractor shall
provide training, through a qualified training program, for each
individual who is not a certified coating applicator but that the
certified contractor employs to carry out aspects of applicable bridge
projects as described in subsection (b)(2).
SEC. 1117. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) States should utilize life-cycle cost analysis to
evaluate the total economic cost of a transportation project
over its expected lifetime; and
(2) data indicating that future repair costs associated
with a transportation project frequently total more than half
of the initial cost of the project, and that conducting life-
cycle cost analysis prior to construction will help States
identify the most cost-effective option, improve their economic
performance, and lower the total cost of building and
maintaining the project.
SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN RIGHT-OF-WAY.
(a) In General.--Notwithstanding chapter 1 of title 23, United
States Code, electric vehicle charging infrastructure, renewable energy
generation facilities, electrical transmission and distribution
infrastructure, and broadband infrastructure and conduit shall be
treated as a facility covered under part 645 of title 23, Code of
Federal Regulations (or successor regulations), for purposes of being
accommodated under section 109(l) of title 23, United States Code.
(b) State Approval.--A State, on behalf of the Secretary of
Transportation, may approve the accommodation of the infrastructure and
facilities described in subsection (a) within any right-of-way on a
Federal-aid highway pursuant to section 109(l) of title 23, United
States Code.
SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE SAFETY IMPROVEMENTS.
(a) In General.--Notwithstanding any provision of title 23, United
States Code, or any regulation issued by the Secretary of
Transportation, section 129(a)(3) of such title shall not apply to a
covered public authority that receives funding under such title for
pedestrian and bike safety improvements.
(b) No Toll.--A covered public authority may not charge a toll,
fee, or other levy for use of such improvements.
(c) Effective Date.--A covered public authority shall be eligible
for the exemption under subsection (a) for 10 years after the date of
enactment of this Act. Any such exemption granted shall remain in
effect after the effective date described in this section.
(d) Definitions.--In this section, the following definitions apply:
(1) Covered public authority.--The term ``covered public
authority'' means a public authority with jurisdiction over a
toll facility located within both--
(A) a National Scenic Area; and
(B) the National Trail System.
(2) National scenic area.--The term ``National Scenic
Area'' means an area of the National Forest System federally
designated as a National Scenic Area in recognition of the
outstanding natural, scenic, and recreational values of the
area.
(3) National trail system.--The term ``National Trail
System'' means an area described in section 3 of the National
Trails System Act (16 U.S.C. 1242).
(4) Public authority; toll facility.--The terms ``public
authority'' and ``toll facility'' have the meanings such terms
would have if such terms were included in chapter 1 of title
23, United States Code.
Subtitle B--Programmatic Infrastructure Investment
SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Purposes.--The purposes of the national highway performance
program shall be--
``(1) to provide support for the condition and performance
of the National Highway System, consistent with the asset
management plans of States;
``(2) to support progress toward the achievement of
performance targets of States established under section 150;
``(3) to increase the resilience of Federal-aid highways
and bridges; and
``(4) to provide support for the construction of new
facilities on the National Highway System, consistent with
subsection (d)(3).'';
(2) in subsection (d)--
(A) in paragraph (1)(A) by striking ``or freight
movement on the National Highway System'' and inserting
``freight movement, environmental sustainability,
transportation system access, or combating climate
change'';
(B) in paragraph (1)(B) by striking ``and'' at the
end;
(C) in paragraph (2)--
(i) in subparagraph (G)--
(I) in clause (i) by inserting
``and'' at the end;
(II) in clause (ii) by striking ``;
and'' and inserting a period; and
(III) by striking clause (iii);
(ii) in subparagraph (I) by inserting ``,
including the installation of safety barriers
and nets on bridges on the National Highway
System'' after ``National Highway System''; and
(iii) by adding at the end the following:
``(Q) Projects on or off the National Highway
System to reduce greenhouse gas emissions that are
eligible under section 171, including the installation
of electric vehicle charging infrastructure.
``(R) Projects on or off the National Highway
System to enhance resilience of a transportation
facility eligible under section 124, including
protective features and natural infrastructure.
``(S) Projects and strategies to reduce vehicle-
caused wildlife mortality related to, or to restore and
maintain connectivity among terrestrial or aquatic
habitats affected by, a transportation facility
eligible for assistance under this section.
``(T) Projects on or off the National Highway
System to improve an evacuation route eligible under
section 124(b)(1)(C).
``(U) The removal, retrofit, repurposing,
remediation, or replacement of a highway on the
National Highway System that creates a barrier to
community connectivity to improve access for multiple
modes of transportation.''; and
(D) by adding at the end the following:
``(3) a project that is otherwise eligible under this
subsection to construct new capacity for single occupancy
passenger vehicles only if the State--
``(A) has demonstrated progress in achieving a
state of good repair, as defined in the State's asset
management plan, on the National Highway System;
``(B) demonstrates that the project--
``(i) supports the achievement of
performance targets of the State established
under section 150; and
``(ii) is more cost effective, as
determined by benefit-cost analysis, than--
``(I) an operational improvement to
the facility or corridor;
``(II) the construction of a public
transportation project eligible for
assistance under chapter 53 of title
49; or
``(III) the construction of a non-
single occupancy passenger vehicle
project that improves freight movement;
and
``(C) has a public plan for maintaining and
operating the new asset while continuing its progress
in achieving a state of good repair under subparagraph
(A).'';
(3) in subsection (e)--
(A) in the heading by inserting ``Asset and'' after
``State'';
(B) in paragraph (4)(D) by striking ``analysis''
and inserting ``analyses, both of which shall take into
consideration climate change adaptation and
resilience;''; and
(C) in paragraph (8) by striking ``Not later than
18 months after the date of enactment of the MAP-21,
the Secretary'' and inserting ``The Secretary''; and
(4) by adding at the end the following:
``(k) Benefit-Cost Analysis.--In carrying out subsection
(d)(3)(B)(ii), the Secretary shall establish a process for analyzing
the cost and benefits of projects under such subsection, ensuring
that--
``(1) the benefit-cost analysis includes a calculation of
all the benefits addressed in the performance measures
established under section 150;
``(2) the benefit-cost analysis includes a consideration of
the total maintenance cost of an asset over the lifecycle of
the asset; and
``(3) the State demonstrates that any transportation demand
modeling used to calculate the benefit-cost analysis has a
documented record of accuracy.''.
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION ASSETS.
(a) Predisaster Mitigation Program.--
(1) In general.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 123 the following:
``Sec. 124. Predisaster mitigation program
``(a) Establishment.--The Secretary shall establish and implement a
predisaster mitigation program to enhance the resilience of the
transportation system of the United States, mitigate the impacts of
covered events, and ensure the efficient use of Federal resources.
``(b) Eligible Activities.--
``(1) In general.--Subject to paragraph (2), funds
apportioned to the State under section 104(b)(8) may be
obligated for--
``(A) construction activities, including
construction of natural infrastructure or protective
features--
``(i) to increase the resilience of a
surface transportation infrastructure asset to
withstand a covered event;
``(ii) to relocate or provide a reasonable
alternative to a repeatedly damaged facility;
and
``(iii) for an evacuation route identified
in the vulnerability assessment required under
section 134(i)(2)(I)(iii) or section
135(f)(10)(C) to--
``(I) improve the capacity or
operation of such evacuation route
through communications and intelligent
transportation system equipment and
infrastructure, counterflow measures,
and shoulders; and
``(II) relocate such evacuation
route or provide a reasonable
alternative to such evacuation route to
address the risk of a covered event;
``(B) resilience planning activities, including
activities described in sections 134(i)(2)(I) and
135(f)(10) of this title and sections 5303(i)(2)(I) and
5304(f)(10) of title 49; and
``(C) the development of projects and programs that
help States, territories, and regions recover from
covered events that significantly disrupt the
transportation system, including--
``(i) predisaster training programs that
help agencies and regional stakeholders plan
for and prepare multimodal recovery efforts;
and
``(ii) the establishment of region-wide
telework training and programs.
``(2) Infrastructure resilience and adaptation.--No funds
shall be obligated to a project under this section unless the
project meets each of the following criteria:
``(A) The project is designed to ensure resilience
over the anticipated service life of the surface
transportation infrastructure asset.
``(B) The project is identified in the metropolitan
or statewide transportation improvement program as a
project to address resilience vulnerabilities,
consistent with section 134(j)(3)(E) or
135(g)(5)(B)(iii).
``(3) Prioritization of projects.--A State shall develop a
process to prioritize projects under this section based on the
degree to which the proposed project would--
``(A) be cost effective in the long-term;
``(B) reduce the risk of disruption to a surface
transportation infrastructure asset considered critical
to support population centers, freight movement,
economic activity, evacuation, recovery, national
security functions, or critical infrastructure; and
``(C) ease disruptions to vulnerable, at-risk, or
transit-dependant populations.
``(c) Guidance.--The Secretary shall provide guidance to States to
assist with the implementation of paragraphs (2) and (3) of subsection
(b).
``(d) Definitions.--In this section:
``(1) Covered event.--The term `covered event' means a
climate change effect (including sea level rise), flooding, and
an extreme event or other natural disaster (including
wildfires, seismic activity, and landslides).
``(2) Surface transportation infrastructure asset.--The
term `surface transportation infrastructure asset' means a
facility eligible for assistance under this title or chapter 53
of title 49.''.
(2) Conforming amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by inserting after the
item relating to section 123 the following:
``124. Predisaster mitigation program.''.
(b) Projects in Flood-Prone Areas.--Section 109 of title 23, United
States Code, is further amended by adding at the end the following:
``(t) Projects in Flood-Prone Areas.--For projects and actions
that, in whole or in part, encroach within the limits of a flood-prone
area, the Secretary shall ensure that such projects and actions are--
``(1) designed and constructed in a way that takes into
account, and mitigates where appropriate, flood risk by using
hydrologic, hydraulic, and hydrodynamic data, methods, and
analysis that integrate current and projected changes in
flooding based on climate science over the anticipated service
life of the asset and future forecasted land use changes; and
``(2) designed using analysis that considers the capital
costs, risks, and other economic, engineering, social and
environmental concerns of constructing a project in a flood-
prone area.''.
(c) Metropolitan Transportation Planning.--
(1) Amendments to title 23.--
(A) Climate change and resilience.--Section
134(i)(2) of title 23, United States Code, is amended
by adding at the end the following:
``(I) Climate change and resilience.--
``(i) In general.--The transportation
planning process shall assess strategies to
reduce the climate change impacts of the
surface transportation system and conduct a
vulnerability assessment to identify
opportunities to enhance the resilience of the
surface transportation system and ensure the
efficient use of Federal resources.
``(ii) Climate change mitigation and
impacts.--A long-range transportation plan
shall--
``(I) identify investments and
strategies to reduce transportation-
related sources of greenhouse gas
emissions per capita;
``(II) identify investments and
strategies to manage transportation
demand and increase the rates of public
transportation ridership, walking,
bicycling, and carpools; and
``(III) recommend zoning and other
land use policies that would support
infill, transit-oriented development,
and mixed use development.
``(iii) Vulnerability assessment.--A long-
range transportation plan shall incorporate a
vulnerability assessment that--
``(I) includes a risk-based
assessment of vulnerabilities of
critical transportation assets and
systems to covered events (as such term
is defined in section 124);
``(II) considers, as applicable,
the risk management analysis in the
State's asset management plan developed
pursuant to section 119, and the
State's evaluation of reasonable
alternatives to repeatedly damaged
facilities conducted under part 667 of
title 23, Code of Federal Regulations;
``(III) at the discretion of the
metropolitan planning organization,
identifies evacuation routes, assesses
the ability of any such routes to
provide safe passage for evacuation,
access to health care and public health
facilities, and emergency response
during an emergency event, and
identifies any improvements or
redundant facilities necessary to
adequately facilitate safe passage;
``(IV) describes the metropolitan
planning organization's adaptation and
resilience improvement strategies that
will inform the transportation
investment decisions of the
metropolitan planning organization; and
``(V) is consistent with and
complementary of the State, Tribal, and
local mitigation plans required under
section 322 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(iv) Consultation.--The assessment
described in this subparagraph shall be
developed in consultation with, as appropriate,
State, local, and Tribal officials responsible
for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 134(j)(3) of
title 23, United States Code, is amended by adding at
the end the following:
``(E) Resilience projects.--The TIP shall--
``(i) identify any projects that address
the vulnerabilities identified by the
assessment in subsection (i)(2)(I)(iii); and
``(ii) describe how each project identified
under clause (i) would improve the resilience
of the transportation system.''.
(2) Amendments to title 49.--
(A) Climate change and resilience.--Section
5303(i)(2) of title 49, United States Code, is amended
by adding at the end the following:
``(I) Climate change and resilience.--
``(i) In general.--The transportation
planning process shall assess strategies to
reduce the climate change impacts of the
surface transportation system and conduct a
vulnerability assessment to identify
opportunities to enhance the resilience of the
surface transportation system and ensure the
efficient use of Federal resources.
``(ii) Climate change mitigation and
impacts.--A long-range transportation plan
shall--
``(I) identify investments and
strategies to reduce transportation-
related sources of greenhouse gas
emissions per capita;
``(II) identify investments and
strategies to manage transportation
demand and increase the rates of public
transportation ridership, walking,
bicycling, and carpools; and
``(III) recommend zoning and other
land use policies that would support
infill, transit-oriented development,
and mixed use development.
``(iii) Vulnerability assessment.--A long-
range transportation plan shall incorporate a
vulnerability assessment that--
``(I) includes a risk-based
assessment of vulnerabilities of
critical transportation assets and
systems to covered events (as such term
is defined in section 124 of title 23);
``(II) considers, as applicable,
the risk management analysis in the
State's asset management plan developed
pursuant to section 119 of title 23,
and the State's evaluation of
reasonable alternatives to repeatedly
damaged facilities conducted under part
667 of title 23, Code of Federal
Regulations;
``(III) at the discretion of the
metropolitan planning organization,
identifies evacuation routes, assesses
the ability of any such routes to
provide safe passage for evacuation,
access to health care and public health
facilities, and emergency response
during an emergency event, and
identifies any improvements or
redundant facilities necessary to
adequately facilitate safe passage;
``(IV) describes the metropolitan
planning organization's adaptation and
resilience improvement strategies that
will inform the transportation
investment decisions of the
metropolitan planning organization; and
``(V) is consistent with and
complementary of the State, Tribal, and
local mitigation plans required under
section 322 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(iv) Consultation.--The assessment
described in this subparagraph shall be
developed in consultation, as appropriate, with
State, local, and Tribal officials responsible
for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 5303(j)(3) of
title 49, United States Code, is amended by adding at
the end the following:
``(E) Resilience projects.--The TIP shall--
``(i) identify any projects that address
the vulnerabilities identified by the
assessment in subsection (i)(2)(I)(iii); and
``(ii) describe how each project identified
under clause (i) would improve the resilience
of the transportation system.''.
(d) Statewide and Nonmetropolitan Planning.--
(1) Amendments to title 23.--
(A) Climate change and resilience.--Section 135(f)
of title 23, United States Code, is amended by adding
at the end the following:
``(10) Climate change and resilience.--
``(A) In general.--The transportation planning
process shall assess strategies to reduce the climate
change impacts of the surface transportation system and
conduct a vulnerability assessment to identify
opportunities to enhance the resilience of the surface
transportation system and ensure the efficient use of
Federal resources.
``(B) Climate change mitigation and impacts.--A
long-range transportation plan shall--
``(i) identify investments and strategies
to reduce transportation-related sources of
greenhouse gas emissions per capita;
``(ii) identify investments and strategies
to manage transportation demand and increase
the rates of public transportation ridership,
walking, bicycling, and carpools; and
``(iii) recommend zoning and other land use
policies that would support infill, transit-
oriented development, and mixed use
development.
``(C) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(i) includes a risk-based assessment of
vulnerabilities of critical transportation
assets and systems to covered events (as such
term is defined in section 124);
``(ii) considers, as applicable, the risk
management analysis in the State's asset
management plan developed pursuant to section
119, and the State's evaluation of reasonable
alternatives to repeatedly damaged facilities
conducted under part 667 of title 23, Code of
Federal Regulations;
``(iii) identifies evacuation routes,
assesses the ability of any such routes to
provide safe passage for evacuation, access to
health care and public health facilities, and
emergency response during an emergency event,
and identifies any improvements or redundant
facilities necessary to adequately facilitate
safe passage;
``(iv) describes the States's adaptation
and resilience improvement strategies that will
inform the transportation investment decisions
of the State; and
``(v) is consistent with and complementary
of the State, Tribal, and local mitigation
plans required under section 322 of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(D) Consultation.--The assessment described in
this paragraph shall be developed in consultation with,
as appropriate, metropolitan planning organizations and
State, local, and Tribal officials responsible for land
use, housing, resilience, hazard mitigation, and
emergency management.''.
(B) Resilience projects.--Section 135(g)(5)(B) of
title 23, United States Code, is amended by adding at
the end the following:
``(iii) Resilience projects.--The STIP
shall--
``(I) identify projects that
address the vulnerabilities identified
by the assessment in subsection
(i)(10)(B); and
``(II) describe how each project
identified under subclause (I) would
improve the resilience of the
transportation system.''.
(2) Amendments to title 49.--
(A) Climate change and resilience.--Section 5304(f)
of title 49, United States Code, is amended by adding
at the end the following:
``(10) Climate change and resilience.--
``(A) In general.--The transportation planning
process shall assess strategies to reduce the climate
change impacts of the surface transportation system and
conduct a vulnerability assessment to identify
opportunities to enhance the resilience of the surface
transportation system and ensure the efficient use of
Federal resources.
``(B) Climate change mitigation and impacts.--A
long-range transportation plan shall--
``(i) identify investments and strategies
to reduce transportation-related sources of
greenhouse gas emissions per capita;
``(ii) identify investments and strategies
to manage transportation demand and increase
the rates of public transportation ridership,
walking, bicycling, and carpools; and
``(iii) recommend zoning and other land use
policies that would support infill, transit-
oriented development, and mixed use
development.
``(C) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(i) includes a risk-based assessment of
vulnerabilities of critical transportation
assets and systems to covered events (as such
term is defined in section 124 of title 23);
``(ii) considers, as applicable, the risk
management analysis in the State's asset
management plan developed pursuant to section
119 of title 23, and the State's evaluation of
reasonable alternatives to repeatedly damaged
facilities conducted under part 667 of title
23, Code of Federal Regulations;
``(iii) identifies evacuation routes,
assesses the ability of any such routes to
provide safe passage for evacuation, access to
health care and public health facilities, and
emergency response during an emergency event,
and identifies any improvements or redundant
facilities necessary to adequately facilitate
safe passage;
``(iv) describes the State's adaptation and
resilience improvement strategies that will
inform the transportation investment decisions
of the State; and
``(v) is consistent with and complementary
of the State, Tribal, and local mitigation
plans required under section 322 of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(D) Consultation.--The assessment described in
this paragraph shall be developed in consultation with,
as appropriate, metropolitan planning organizations and
State, local, and Tribal officials responsible for land
use, housing, resilience, hazard mitigation, and
emergency management.''.
(B) Resilience projects.--Section 5304(g)(5)(B) of
title 49, United States Code, is amended by adding at
the end the following:
``(iii) Resilience projects.--The STIP
shall--
``(I) identify projects that
address the vulnerabilities identified
by the assessment in subsection
(i)(10)(B); and
``(II) describe how each project
identified under subclause (I) would
improve the resilience of the
transportation system.''.
SEC. 1203. EMERGENCY RELIEF.
(a) In General.--Section 125 of title 23, United States Code, is
amended--
(1) in subsection (a)(1) by inserting ``wildfire,'' after
``severe storm,'';
(2) by striking subsection (b);
(3) in subsection (c)(2)(A) by striking ``in any 1 fiscal
year commencing after September 30, 1980,'' and inserting ``in
any fiscal year'';
(4) in subsection (d)--
(A) in paragraph (3)(C) by striking ``(as defined
in subsection (e)(1))'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--The Secretary may expend funds from the
emergency fund authorized by this section only for the repair
or reconstruction of highways on Federal-aid highways in
accordance with this chapter.
``(2) Restrictions.--
``(A) In general.--No funds shall be expended from
the emergency fund authorized by this section unless--
``(i) an emergency has been declared by the
Governor of the State with concurrence by the
Secretary, unless the President has declared
the emergency to be a major disaster for the
purposes of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) for which concurrence of the
Secretary is not required; and
``(ii) the Secretary has received an
application from the State transportation
department that includes a comprehensive list
of all eligible project sites and repair costs
by not later than 2 years after the natural
disaster or catastrophic failure.
``(B) Cost limitation.--The total cost of a project
funded under this section may not exceed the cost of
repair or reconstruction of a comparable facility
unless the Secretary determines that the project
incorporates economically justified betterments,
including protective features to increase the
resilience of the facility.
``(C) Repeatedly damaged facilities.--An
application submitted under this section for the
permanent repair or reconstruction of a repeatedly
damaged facility shall include consideration and, if
feasible, incorporation of economically justifiable
betterments, including protective features, to increase
the resilience of such facility.
``(3) Special rule for bridge projects.--In no case shall
funds be used under this section for the repair or
reconstruction of a bridge--
``(A) that has been permanently closed to all
vehicular traffic by the State or responsible local
official because of imminent danger of collapse due to
a structural deficiency or physical deterioration; or
``(B) if a construction phase of a replacement
structure is included in the approved statewide
transportation improvement program at the time of an
event described in subsection (a).'';
(5) in subsection (e)--
(A) by striking paragraph (1);
(B) in paragraph (2) by striking ``subsection
(d)(1)'' and inserting ``subsection (c)(1)''; and
(C) by redesignating paragraphs (2) and (3), as
amended, as paragraphs (1) and (2), respectively;
(6) by redesignating subsections (c) through (g), as
amended, as subsections (b) through (f), respectively; and
(7) by adding at the end the following:
``(g) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded under
this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (c)(2)(A)(i); or
``(B) the date on which the President declared the
emergency to be a major disaster, as described in such
subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the request
of the Governor of the State, issue an extension of not more
than 1 year to complete such advancement, and may issue
additional extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has provided
suitable justification to warrant such an extension.
``(h) Hazard Mitigation Pilot Program.--
``(1) In general.--The Secretary shall establish a hazard
mitigation pilot program for the purpose of mitigating future
hazards posed to Federal-aid highways, Federal lands
transportation facilities, and Tribal transportation
facilities.
``(2) Allocation of funds.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated such sums as may be
necessary for the pilot program established under this
subsection.
``(B) Calculation.--Annually, the Secretary shall
calculate the total amount of outstanding eligible
repair costs under the emergency relief program under
this section, including the emergency relief backlog,
for each State, territory, and Indian Tribe.
``(C) Allocation.--Any amounts made available under
this subsection shall be distributed to each State,
territory, or Indian Tribe based on--
``(i) the ratio that the total amount of
outstanding eligible repair costs for such
State, territory, or Indian Tribe, as described
under subparagraph (B); bears to
``(ii) the total amount of outstanding
eligible repair costs for all States,
territories, and Indian Tribes, as described
under subparagraph (B).
``(D) Limitation.--The allocation to a State,
territory, or Indian Tribe described under subparagraph
(C) shall not exceed 5 percent of the total amount of
outstanding eligible repair costs under the emergency
relief program for such State, territory, or Indian
Tribe, as described in subparagraph (B).
``(3) Eligible activities.--Amounts made available under
this subsection shall be used for protective features or other
hazard mitigation activities that--
``(A) the Secretary determines are cost effective
and that reduce the risk of, or increase the resilience
to, future damage to existing assets as a result of
natural disasters; and
``(B) are eligible under section 124.
``(4) Report.--For each fiscal year in which funding is
made available for the program under this subsection, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report detailing--
``(A) a description of the activities carried out
under the pilot program;
``(B) an evaluation of the effectiveness of the
pilot program in meeting purposes described in
paragraph (1); and
``(C) policy recommendations to improve the
effectiveness of the pilot program.
``(5) Sunset.--The authority provided under this subsection
shall terminate on October 1, 2025.
``(i) Improving the Emergency Relief Program.--Not later than 1
year after the date of enactment of the INVEST in America Act, the
Secretary shall--
``(1) revise the emergency relief manual of the Federal
Highway Administration--
``(A) to include and reflect the definition of the
term `resilience' (as defined in section 101(a));
``(B) to identify procedures that States may use to
incorporate resilience into emergency relief projects;
and
``(C) to consider economically justified
betterments in emergency relief projects, such as--
``(i) protective features that increase the
resilience of the facility; and
``(ii) incorporation of context sensitive
design principles and other planned betterments
that improve the safety of the facility;
``(2) consider transportation system access for moderate
and low-income families impacted by a major disaster or
emergency declared by the President under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170);
``(3) develop best practices for improving the use of
resilience in--
``(A) the emergency relief program under this
section; and
``(B) emergency relief efforts;
``(4) provide to division offices of the Federal Highway
Administration and State departments of transportation
information on the best practices developed under paragraph
(2); and
``(5) develop and implement a process to track--
``(A) the consideration of resilience as part of
the emergency relief program under this section; and
``(B) the costs of emergency relief projects.
``(j) Definitions.--In this section:
``(1) Comparable facility.--The term `comparable facility'
means a facility that meets the current geometric and
construction standards required for the types and volume of
traffic that the facility will carry over its design life.
``(2) Construction phase.--The term `construction phase'
means the phase of physical construction of a highway or bridge
facility that is separate from any other identified phases,
such as planning, design, or right-of-way phases, in the State
transportation improvement program.
``(3) Open to public travel.--The term `open to public
travel' means with respect to a road, that, except during
scheduled periods, extreme weather conditions, or emergencies,
the road--
``(A) is maintained;
``(B) is open to the general public; and
``(C) can accommodate travel by a standard
passenger vehicle, without restrictive gates or
prohibitive signs or regulations, other than for
general traffic control or restrictions based on size,
weight, or class of registration.
``(4) Standard passenger vehicle.--The term `standard
passenger vehicle' means a vehicle with 6 inches of clearance
from the lowest point of the frame, body, suspension, or
differential to the ground.''.
(b) Conforming Amendments.--
(1) Federal lands and tribal transportation programs.--
Section 201(c)(8)(A) of title 23, United States Code, is
amended by striking ``section 125(e)'' and inserting ``section
125(j)''.
(2) Tribal transportation program.--Section 202(b)(6)(A) of
title 23, United States Code, is amended by striking ``section
125(e)'' and inserting ``section 125(d)''.
(c) Repeal.--Section 668.105(h) of title 23, Code of Federal
Regulations, is repealed.
SEC. 1204. RAILWAY CROSSINGS.
(a) In General.--Section 130 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``Railway-highway
crossings'' and inserting ``Railway crossings'';
(2) in subsection (a)--
(A) by striking ``Subject to section 120 and
subsection (b) of this section, the entire'' and
inserting ``In General.--The'';
(B) by striking ``then the entire'' and inserting
``the''; and
(C) by striking ``, subject to section 120 and
subsection (b) of this section,'';
(3) by amending subsection (b) to read as follows:
``(b) Classification.--
``(1) In general.--The construction of projects for the
elimination of hazards at railway crossings represents a
benefit to the railroad. The Secretary shall classify the
various types of projects involved in the elimination of
hazards of railway-highway crossings, and shall set for each
such classification a percentage of the total project cost that
represent the benefit to the railroad or railroads for the
purpose of determining the railroad's share of the total
project cost. The Secretary shall determine the appropriate
classification of each project.
``(2) Noncash contributions.--
``(A) In general.--Not more than 5 percent of the
cost share described in paragraph (1) may be
attributable to noncash contributions of materials and
labor furnished by the railroad in connection with the
construction of such project.
``(B) Requirement.--The requirements under section
200.306 and 200.403(g) of title 2, Code of Federal
Regulations (or successor regulations), shall apply to
any noncash contributions under this subsection.
``(3) Total project cost.--For the purposes of this
subsection, the determination of the railroad's share of the
total project cost shall include environment, design, right-of-
way, utility accommodation, and construction phases of the
project.'';
(4) in subsection (c)--
(A) by striking ``Any railroad involved'' and
inserting ``Benefit.--Any railroad involved'';
(B) by striking ``the net benefit'' and inserting
``the cost associated with the benefit''; and
(C) by striking ``Such payment may consist in whole
or in part of materials and labor furnished by the
railroad in connection with the construction of such
project.'';
(5) by striking subsection (e) and inserting the following:
``(e) Railway Crossings.--
``(1) Eligible activities.--Funds apportioned to a State
under section 104(b)(7) may be obligated for the following:
``(A) The elimination of hazards at railway-highway
crossings, including technology or protective upgrades.
``(B) Construction or installation of protective
devices (including replacement of functionally obsolete
protective devices) at railway-highway crossings.
``(C) Infrastructure and noninfrastructure projects
and strategies to prevent or reduce suicide or
trespasser fatalities and injuries along railroad
rights-of-way and at or near railway-highway crossings.
``(D) Projects to mitigate any degradation in the
level of access from a highway-grade crossing closure.
``(E) Bicycle and pedestrian railway grade crossing
improvements, including underpasses and overpasses.
``(F) Projects eligible under section 22907(c)(5)
of title 49, provided that amounts obligated under this
subparagraph--
``(i) shall be administered by the
Secretary in accordance with such section as if
such amounts were made available to carry out
such section; and
``(ii) may be used to pay up to 90 percent
of the non-Federal share of the cost of a
project carried out under such section.
``(2) Special rule.--If a State demonstrates to the
satisfaction of the Secretary that the State has met all its
needs for installation of protective devices at railway-highway
crossings, the State may use funds made available by this
section for other highway safety improvement program
purposes.'';
(6) by striking subsection (f) and inserting the following:
``(f) Federal Share.--Notwithstanding section 120, the Federal
share payable on account of any project financed with funds made
available to carry out subsection (e) shall be up to 90 percent of the
cost thereof.'';
(7) by striking subsection (g) and inserting the following:
``(g) Report.--
``(1) State report.--
``(A) In general.--Not later than 2 years after the
date of enactment of the INVEST in America Act, and at
least biennially thereafter, each State shall submit to
the Secretary a report on the progress being made to
implement the railway crossings program authorized by
this section and the effectiveness of projects to
improve railway crossing safety.
``(B) Contents.--Each State report under
subparagraph (A) shall contain an assessment of the
costs of the various treatments employed and subsequent
accident experience at improved locations.
``(2) Departmental report.--
``(A) In general.--Not later than 180 days after
the deadline for the submission of a report under
paragraph (1)(A), the Secretary shall publish on the
website of the Department of Transportation a report on
the progress being made by the State in implementing
projects to improve railway crossings.
``(B) Contents.--The report under subparagraph (A)
shall include--
``(i) the number of projects undertaken;
``(ii) distribution of such projects by
cost range, road system, nature of treatment,
and subsequent accident experience at improved
locations;
``(iii) an analysis and evaluation of each
State program;
``(iv) the identification of any State
found not to be in compliance with the schedule
of improvements required by subsection (d); and
``(v) recommendations for future
implementation of the railway crossings
program.'';
(8) in subsection (j)--
(A) in the heading by inserting ``and Pedestrian''
after ``Bicycle''; and
(B) by inserting ``and pedestrian'' after
``bicycle''; and
(9) in subsection (l)--
(A) in paragraph (1) by striking ``Not later than''
and all that follows through ``each State'' and
inserting ``Not later than 6 months after a new railway
crossing becomes operational, each State''; and
(B) in paragraph (2) by striking ``On a periodic''
and all that follows through ``every year thereafter''
and inserting ``On or before September 30 of each
year''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by amending the item relating to section
130 to read as follows:
``130. Railway crossings.''.
(c) GAO Study.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that includes an analysis of the effectiveness of
the railway crossing program under section 130 of title 23, United
States Code.
(d) Sense of Congress Relating to Trespasser Deaths Along Railroad
Rights-of-Way.--It is the sense of Congress that the Department of
Transportation should, where feasible, coordinate departmental efforts
to prevent or reduce trespasser deaths along railroad rights-of-way and
at or near railway-highway crossings.
SEC. 1205. SURFACE TRANSPORTATION PROGRAM.
(a) In General.--Section 133 of title 23, United States Code, is
amended--
(1) in the heading by striking ``block grant'';
(2) in subsection (a) by striking ``block grant'';
(3) in subsection (b)--
(A) by striking ``block grant'';
(B) in paragraph (4) by striking ``railway-highway
grade crossings'' and inserting ``projects eligible
under section 130 and installation of safety barriers
and nets on bridges'';
(C) in paragraph (6)--
(i) by striking ``Recreational'' and
inserting ``Transportation alternatives
projects eligible under subsection (h),
recreational''; and
(ii) by striking ``1404 of SAFETEA-LU (23
U.S.C. 402 note)'' and inserting ``211'';
(D) in paragraph (12) by striking ``travel'' and
inserting ``transportation''; and
(E) by adding at the end the following:
``(16) Protective features (including natural
infrastructure and vegetation control and clearance) to enhance
the resilience of a transportation facility otherwise eligible
for assistance under this section.
``(17) Projects to reduce greenhouse gas emissions eligible
under section 171, including the installation of electric
vehicle charging infrastructure.
``(18) Projects and strategies to reduce vehicle-caused
wildlife mortality related to, or to restore and maintain
connectivity among terrestrial or aquatic habitats affected by,
a transportation facility otherwise eligible for assistance
under this section.
``(19) A surface transportation project carried out in
accordance with the national travel and tourism infrastructure
strategic plan under section 1431(e) of the FAST Act (49 U.S.C.
301 note).
``(20) roads in rural areas that primarily serve to
transport agricultural products from a farm or ranch to a
marketplace.
``(21) The removal, retrofit, repurposing, remediation, or
replacement of a highway or other transportation facility that
creates a barrier to community connectivity to improve access
for multiple modes of transportation.'';
(4) in subsection (c)--
(A) by striking ``block grant'' and inserting
``program'';
(B) by striking paragraph (3) and inserting the
following:
``(3) for a project described in--
``(A) subsection (h); or
``(B) section 101(a)(29), as in effect on the day
before the date of enactment of the FAST Act;'';
(C) by redesignating paragraph (4) as paragraph
(5); and
(D) by inserting after paragraph (3) the following:
``(4) for a project described in section 5308 of title 49;
and'';
(5) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``each fiscal year'' after
``apportioned to a State'';
(ii) by striking ``the reservation of'' and
inserting ``setting aside''; and
(iii) in subparagraph (A)--
(I) by striking ``the percentage
specified in paragraph (6) for a fiscal
year'' and inserting ``57 percent for
fiscal year 2023, 58 percent for fiscal
year 2024, 59 percent for fiscal year
2025, and 60 percent for fiscal year
2026'';
(II) in clause (i) by striking ``of
over'' and inserting ``greater than'';
and
(III) by striking clauses (ii) and
(iii) and inserting the following:
``(ii) in urbanized areas of the State with
an urbanized area population greater than
49,999 and less than 200,001;
``(iii) in urban areas of the State with a
population greater than 4,999 and less than
50,000; and
``(iv) in other areas of the State with a
population less than 5,000; and'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Local coordination and consultation.--
``(A) Coordination with metropolitan planning
organizations.--For purposes of paragraph (1)(A)(ii), a
State shall--
``(i) establish a process to coordinate
with all metropolitan planning organizations in
the State that represent an urbanized area
described in such paragraph; and
``(ii) describe how funds described under
paragraph (1)(A)(ii) will be allocated
equitably among such urbanized areas during the
period of fiscal years 2023 through 2026.
``(B) Joint responsibility.--Each State and the
Secretary shall jointly ensure compliance with
subparagraph (A).
``(C) Consultation with regional transportation
planning organizations.--For purposes of clauses (iii)
and (iv) of paragraph (1)(A), before obligating funding
attributed to an area with a population less than
50,000, a State shall consult with the regional
transportation planning organizations that represent
the area, if any.'';
(C) in the heading for paragraph (4) by striking
``over 200,000'' and inserting ``greater than
200,000'';
(D) by striking paragraph (6) and inserting the
following:
``(6) Technical assistance.--
``(A) In general.--The State and all metropolitan
planning organizations in the State that represent an
urbanized area with a population of greater than
200,000 may jointly establish a program to improve the
ability of applicants to deliver projects under this
subsection in an efficient and expeditious manner and
reduce the period of time between the selection of the
project and the obligation of funds for the project by
providing--
``(i) technical assistance and training to
applicants for projects under this subsection;
and
``(ii) funding for one or more full-time
State, regional, or local government employee
positions to administer this subsection.
``(B) Eligible funds.--To carry out this paragraph,
a State or metropolitan planning organization may use
funds made available under paragraphs (2) or (6) of
section 104(b)
``(C) Use of funds.--Amounts used under this
paragraph may be expended--
``(i) directly by the State or metropolitan
planning organization; or
``(ii) through contracts with State
agencies, private entities, or nonprofit
organizations.'';
(6) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``over 200,000'' and
inserting ``greater than 200,000''; and
(ii) by striking ``2016 through 2020'' and
inserting ``2023 through 2026''; and
(B) by adding at the end the following:
``(3) Annual amounts.--To the extent practicable, each
State shall annually notify each affected metropolitan planning
organization as to the amount of obligation authority that will
be made available under paragraph (1) to each affected
metropolitan planning organization for the fiscal year.'';
(7) by striking subsection (f) and inserting the following:
``(f) Bridges Not on Federal-Aid Highways.--
``(1) Definition of off-system bridge.--In this subsection,
the term `off-system bridge' means a bridge located on a public
road, other than a bridge on a Federal-aid highway.
``(2) Special rule.--
``(A) Set aside.--Of the amounts apportioned to a
State for each fiscal year under this section other
than the amounts described in subparagraph (C), the
State shall obligate for activities described in
subsection (b)(2) (as in effect on the day before the
date of enactment of the FAST Act) for off-system
bridges an amount that is not less than 20 percent of
the amounts available to such State under this section
in fiscal year 2020, not including the amounts
described in subparagraph (C).
``(B) Reduction of expenditures.--The Secretary,
after consultation with State and local officials, may
reduce the requirement for expenditures for off-system
bridges under subparagraph (A) with respect to the
State if the Secretary determines that the State has
inadequate needs to justify the expenditure.
``(C) Limitations.--The following amounts shall not
be used for the purposes of meeting the requirements of
subparagraph (A):
``(i) Amounts described in section
133(d)(1)(A).
``(ii) Amounts set aside under section
133(h).
``(iii) Amounts described in section
505(a).
``(3) Credit for bridges not on federal-aid highways.--
Notwithstanding any other provision of law, with respect to any
project not on a Federal-aid highway for the replacement of a
bridge or rehabilitation of a bridge that is wholly funded from
State and local sources, is eligible for Federal funds under
this section, is certified by the State to have been carried
out in accordance with all standards applicable to such
projects under this section, and is determined by the Secretary
upon completion to be no longer a deficient bridge--
``(A) any amount expended after the date of
enactment of this subsection from State and local
sources for the project in excess of 20 percent of the
cost of construction of the project may be credited to
the non-Federal share of the cost of other bridge
projects in the State that are eligible for Federal
funds under this section; and
``(B) that crediting shall be conducted in
accordance with procedures established by the
Secretary.''; and
(8) in subsection (g)--
(A) in the heading by striking ``5,000'' and
inserting ``50,000''; and
(B) in paragraph (1) by striking ``subsection
(d)(1)(A)(ii)'' and all that follows through the period
at the end and inserting ``clauses (iii) and (iv) of
subsection (d)(1)(A) for each fiscal year may be
obligated on roads functionally classified as rural
minor collectors or local roads or on critical rural
freight corridors designated under section 167(e).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
133 and inserting the following:
``133. Surface transportation program.''.
(c) Conforming Amendments.--
(1) Advance acquisition of real property.--Section 108(c)
of title 23, United States Code, is amended--
(A) in paragraph (2)(A) by striking ``block
grant''; and
(B) in paragraph (3) by striking ``block grant''.
(2) Public transportation.--Section 142(e)(2) of title 23,
United States Code, is amended by striking ``block grant''.
(3) Highway use tax evasion projects.--Section 143(b)(8) of
title 23, United States Code, is amended in the heading by
striking ``block grant''.
(4) Congestion mitigation and air quality improvement
program.--Section 149(d) of title 23, United States Code, is
amended--
(A) in paragraph (1)(B) by striking ``block
grant''; and
(B) in paragraph (2)(A) by striking ``block
grant''.
(5) Territorial and puerto rico highway program.--Section
165 of title 23, United States Code, is amended--
(A) in subsection (b)(2)(A)(ii) by striking ``block
grant'' each time such term appears; and
(B) in subsection (c)(6)(A)(i) by striking ``block
grant''.
(6) Magnetic levitation transportation technology
deployment program.--Section 322(h)(3) of title 23, United
States Code, is amended by striking ``block grant''.
(7) Training and education.--Section 504(a)(4) of title 23,
United States Code, is amended by striking ``block grant''.
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.
Section 133(h) of title 23, United States Code, is amended to read
as follows:
``(h) Transportation Alternatives Program Set-Aside.--
``(1) Set aside.--For each fiscal year, of the total funds
apportioned to all States under section 104(b)(2) for a fiscal
year, the Secretary shall set aside an amount such that--
``(A) the Secretary sets aside a total amount under
this subsection for a fiscal year equal to 10 percent
of such total funds; and
``(B) the State's share of the amount set aside
under subparagraph (A) is determined by multiplying the
amount set aside under subparagraph (A) by the ratio
that--
``(i) the amount apportioned to the State
for the transportation enhancement program for
fiscal year 2009 under section 133(d)(2), as in
effect on the day before the date of enactment
of MAP-21; bears to
``(ii) the total amount of funds
apportioned to all States for the
transportation enhancements program for fiscal
year 2009.
``(2) Allocation within a state.--
``(A) In general.--Except as provided in
subparagraph (B), funds set aside for a State under
paragraph (1) shall be obligated within that State in
the manner described in subsections (d) and (e), except
that, for purposes of this paragraph (after funds are
made available under paragraph (5))--
``(i) for each fiscal year, the percentage
referred to in paragraph (1)(A) of subsection
(d) shall be deemed to be 66 percent; and
``(ii) paragraph (3) of subsection (d)
shall not apply.
``(B) Local control.--
``(i) In general.--A State may make
available up to 100 percent of the funds set
aside under paragraph (1) to the entities
described in subclause (I) if the State submits
to the Secretary, and the Secretary approves, a
plan that describes--
``(I) how such funds shall be made
available to metropolitan planning
organizations, regional transportation
planning organizations, counties, or
other regional transportation
authorities;
``(II) how the entities described
in subclause (I) shall select projects
for funding and how such entities shall
report selected projects to the State;
``(III) the legal, financial, and
technical capacity of such entities;
and
``(IV) the procedures in place to
ensure such entities comply with the
requirements of this title.
``(ii) Requirement.--A State that makes
funding available under a plan approved under
this subparagraph shall make available an
equivalent amount of obligation authority to an
entity described in clause (i)(I) to whom funds
are made available under this subparagraph.
``(3) Eligible projects.--Funds set aside under this
subsection may be obligated for any of the following projects
or activities:
``(A) Construction, planning, and design of on-road
and off-road trail facilities for pedestrians,
bicyclists, and other nonmotorized forms of
transportation, including sidewalks, bicycle
infrastructure, pedestrian and bicycle signals, traffic
calming techniques, lighting and other safety-related
infrastructure, and transportation projects to achieve
compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
``(B) Construction, planning, and design of
infrastructure-related projects and systems that will
provide safe routes for nondrivers, including children,
older adults, and individuals with disabilities to
access daily needs.
``(C) Conversion and use of abandoned railroad
corridors for trails for pedestrians, bicyclists, or
other nonmotorized transportation users.
``(D) Construction of turnouts, overlooks, and
viewing areas.
``(E) Community improvement activities, including--
``(i) inventory, control, or removal of
outdoor advertising;
``(ii) historic preservation and
rehabilitation of historic transportation
facilities;
``(iii) vegetation management practices in
transportation rights-of-way to improve roadway
safety, prevent against invasive species,
facilitate wildfire control, and provide
erosion control; and
``(iv) archaeological activities relating
to impacts from implementation of a
transportation project eligible under this
title.
``(F) Any environmental mitigation activity,
including pollution prevention and pollution abatement
activities and mitigation to address stormwater
management, control, and water pollution prevention or
abatement related to highway construction or due to
highway runoff, including activities described in
sections 328(a) and 329.
``(G) Projects and strategies to reduce vehicle-
caused wildlife mortality related to, or to restore and
maintain connectivity among terrestrial or aquatic
habitats affected by, a transportation facility
otherwise eligible for assistance under this
subsection.
``(H) The recreational trails program under section
206.
``(I) The safe routes to school program under
section 211.
``(J) Activities in furtherance of a vulnerable
road user assessment described in section 148.
``(K) Any other projects or activities described in
section 101(a)(29) or section 213, as such sections
were in effect on the day before the date of enactment
of the FAST Act (Public Law 114-94).
``(4) Access to funds.--
``(A) In general.--A State, metropolitan planning
organization required to obligate funds in accordance
with paragraph (2)(A), or an entity required to
obligate funds in accordance with paragraph (2)(B)
shall develop a competitive process to allow eligible
entities to submit projects for funding that achieve
the objectives of this subsection. A metropolitan
planning organization for an area described in
subsection (d)(1)(A)(i) shall select projects under
such process in consultation with the relevant State.
``(B) Priority.--The processes described in
subparagraph (A) shall prioritize project location and
impact in low-income, transit-dependent, or other high-
need areas.
``(C) Eligible entity defined.--In this paragraph,
the term `eligible entity' means--
``(i) a local government, including a
county or multi-county special district;
``(ii) a regional transportation authority;
``(iii) a transit agency;
``(iv) a natural resource or public land
agency;
``(v) a school district, local education
agency, or school;
``(vi) a tribal government;
``(vii) a metropolitan planning
organization that serves an urbanized area with
a population of 200,000 or fewer;
``(viii) a nonprofit organization carrying
out activities related to transportation;
``(ix) any other local or regional
governmental entity with responsibility for or
oversight of transportation or recreational
trails (other than a metropolitan planning
organization that serves an urbanized area with
a population of over 200,000 or a State agency)
that the State determines to be eligible,
consistent with the goals of this subsection;
and
``(x) a State, at the request of any entity
listed in clauses (i) through (ix).
``(5) Continuation of certain recreational trails
projects.--
``(A) In general.--For each fiscal year, a State
shall--
``(i) obligate an amount of funds set aside
under this subsection equal to 175 percent of
the amount of the funds apportioned to the
State for fiscal year 2009 under section
104(h)(2), as in effect on the day before the
date of enactment of MAP-21, for projects
relating to recreational trails under section
206;
``(ii) return 1 percent of the funds
described in clause (i) to the Secretary for
the administration of such program; and
``(iii) comply with the provisions of the
administration of the recreational trails
program under section 206, including the use of
apportioned funds described in subsection
(d)(3)(A) of such section.
``(B) State flexibility.--A State may opt out of
the recreational trails program under this paragraph if
the Governor of the State notifies the Secretary not
later than 30 days prior to the date on which an
apportionment is made under section 104 for any fiscal
year.
``(6) Improving accessibility and efficiency.--
``(A) In general.--A State may use an amount equal
to not more than 5 percent of the funds set aside for
the State under this subsection, after allocating funds
in accordance with paragraph (2)(A), to improve the
ability of applicants to access funding for projects
under this subsection in an efficient and expeditious
manner by providing--
``(i) to applicants for projects under this
subsection application assistance, technical
assistance, and assistance in reducing the
period of time between the selection of the
project and the obligation of funds for the
project; and
``(ii) funding for one or more full-time
State employee positions to administer this
subsection.
``(B) Use of funds.--Amounts used under
subparagraph (A) may be expended--
``(i) directly by the State; or
``(ii) through contracts with State
agencies, private entities, or nonprofit
entities.
``(C) Improving project delivery.--
``(i) In general.--The Secretary shall take
such action as may be necessary, consistent
with Federal requirements, to facilitate
efficient and timely delivery of projects under
this subsection that are small, low impact, and
constructed within an existing built
environment.
``(ii) Considerations.--The Secretary shall
consider the use of programmatic agreements,
expedited or alternative procurement processes
(including project bundling), and other
effective practices to facilitate the goals of
this paragraph.
``(7) Federal share.--
``(A) Flexible match.--
``(i) In general.--Notwithstanding section
120--
``(I) the non-Federal share for a
project under this subsection may be
calculated on a project, multiple-
project, or program basis; and
``(II) the Federal share of the
cost of an individual project in this
subsection may be up to 100 percent.
``(ii) Aggregate non-federal share.--The
average annual non-Federal share of the total
cost of all projects for which funds are
obligated under this subsection in a State for
a fiscal year shall be not less than the non-
Federal share authorized for the State under
section 120.
``(iii) Requirement.--This subparagraph
shall only apply to a State if such State has
adequate financial controls, as certified by
the Secretary, to account for the average
annual non-Federal share under this
subparagraph.
``(B) Safety projects.--Notwithstanding section
120, funds made available to carry out section 148 may
be credited toward the non-Federal share of the costs
of a project under this subsection if the project--
``(i) is a project described in section
148(e)(1); and
``(ii) is consistent with the State
strategic highway safety plan (as defined in
section 148(a)).
``(8) Flexibility.--
``(A) State authority.--
``(i) In general.--A State may use not more
than 50 percent of the funds set aside under
this subsection that are available for
obligation in any area of the State
(suballocated consistent with the requirements
of subsection (d)(1)(B)) for any purpose
eligible under subsection (b).
``(ii) Restriction.--Funds may be used as
described in clause (i) only if the State
demonstrates to the Secretary--
``(I) that the State held a
competition in compliance with the
requirements of this subsection in such
form as the Secretary determines
appropriate;
``(II) that the State offered
technical assistance to all eligible
entities and provided such assistance
upon request by an eligible entity; and
``(III) that there were not
sufficient suitable applications from
eligible entities to use the funds
described in clause (i).
``(B) MPO authority.--
``(i) In general.--A metropolitan planning
organization that represents an urbanized area
with a population of greater than 200,000 may
use not more than 50 percent of the funds set
aside under this subsection for an urbanized
area described in subsection (d)(1)(A)(i) for
any purpose eligible under subsection (b).
``(ii) Restriction.--Funds may be used as
described in clause (i) only if the Secretary
certifies that the metropolitan planning
organization--
``(I) held a competition in
compliance with the requirements of
this subsection in such form as the
Secretary determines appropriate; and
``(II) demonstrates that there were
not sufficient suitable applications
from eligible entities to use the funds
described in clause (i).
``(9) Annual reports.--
``(A) In general.--Each State or metropolitan
planning organization responsible for carrying out the
requirements of this subsection shall submit to the
Secretary an annual report that describes--
``(i) the number of project applications
received for each fiscal year, including--
``(I) the aggregate cost of the
projects for which applications are
received; and
``(II) the types of projects by
eligibility category to be carried out,
expressed as percentages of the total
apportionment of the State under this
subsection; and
``(ii) the list of each project selected
for funding for each fiscal year, including
specifying the fiscal year for which the
project was selected, the fiscal year in which
the project is anticipated to be funded, the
recipient, the funding sources (including non-
Federal match), the project status, the
specific location, the congressional district,
the type by eligibility category, and a brief
description.
``(B) Public availability.--The Secretary shall
make available to the public, in a user-friendly format
on the website of the Department of Transportation, a
copy of each annual report submitted under subparagraph
(A).''.
SEC. 1207. BRIDGE INVESTMENT.
(a) In General.--Section 144 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``National bridge
and tunnel inventory and inspection standards'' and inserting
``Bridges and tunnels'';
(2) in subsection (a)(1)(B) by striking ``deficient'';
(3) in subsection (b)(5) by striking ``structurally
deficient bridge'' and inserting ``bridge classified as in poor
condition'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of the MAP-21, each''
and inserting ``Each''; and
(B) by striking paragraph (4);
(5) in subsection (j)--
(A) in paragraph (2) by inserting ``, 124,'' after
``section 119'';
(B) in paragraph (3)(A) by inserting ``, 124,''
after ``section 119''; and
(C) in paragraph (5) by striking ``financial
characteristics'' and all that follows through the end
and inserting ``Federal share.''; and
(6) by adding at the end the following:
``(l) Highway Bridge Replacement and Rehabilitation.--
``(1) Goals.--The goals of this subsection shall be to--
``(A) support the achievement of a state of good
repair for the Nation's bridges;
``(B) improve the safety, efficiency, and
reliability of the movement of people and freight over
bridges; and
``(C) improve the condition of bridges in the
United States by reducing--
``(i) the number of bridges--
``(I) in poor condition; or
``(II) in fair condition and at
risk of falling into poor condition;
``(ii) the total person miles traveled over
bridges--
``(I) in poor condition; or
``(II) in fair condition and at
risk of falling into poor condition;
``(iii) the number of bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network; and
``(iv) the total person miles traveled over
bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network.
``(2) Bridges on public roads.--
``(A) Minimum bridge investment.--Excluding the
amounts described in subparagraph (C), of the total
funds apportioned to a State under paragraphs (1) and
(2) of section 104(b) for fiscal years 2023 to 2026, a
State shall obligate not less than 20 percent for
projects described in subparagraph (E).
``(B) Program flexibility.--A State required to
obligate funds under subparagraph (A) may use any
combination of funds apportioned to a State under
paragraphs (1) and (2) of section 104(b).
``(C) Limitation.--Amounts described below may not
be used for the purposes of calculating or meeting the
minimum bridge investment requirement under
subparagraph (A)--
``(i) amounts described in section
133(d)(1)(A);
``(ii) amounts set aside under section
133(h); and
``(iii) amounts described in section
505(a).
``(D) Rule of construction.--Nothing in this
section shall be construed to prohibit the expenditure
of funds described in subparagraph (C) for bridge
projects eligible under such section.
``(E) Eligible projects.--Funds required to be
obligated in accordance with paragraph (2)(A) may be
obligated for projects or activities that--
``(i) are otherwise eligible under either
section 119 or section 133, as applicable;
``(ii) support the achievement of
performance targets of the State established
under section 150, are consistent with the
transportation asset management plan of the
State, or provide support for the condition and
performance of bridges on public roads within
the State; and
``(iii) remove, replace, reconstruct,
rehabilitate, preserve, or protect a bridge
included on the national bridge inventory
authorized by subsection (b), including
through--
``(I) seismic retrofits;
``(II) systematic preventive
maintenance;
``(III) installation of scour
countermeasures;
``(IV) the use of innovative
materials that extend the service life
of the bridge and reduce preservation
costs, as compared to conventionally
designed and constructed bridges;
``(V) the use of nontraditional
production techniques, including
factory prefabrication;
``(VI) painting for purposes of
bridge protection;
``(VII) application of calcium
magnesium acetate, sodium acetate/
formate, or other environmentally
acceptable, minimally corrosive anti-
icing and deicing compositions;
``(VIII) corrosion control;
``(IX) construction of protective
features (including natural
infrastructure) alone or in combination
with other activities eligible under
this paragraph to enhance resilience of
a bridge;
``(X) bridge security
countermeasures;
``(XI) impact protection measures
for bridges;
``(XII) inspection and evaluation
of bridges;
``(XIII) training for bridge
inspectors consistent with subsection
(i); and
``(XIV) removal of a bridge
classified as in poor condition in
order to improve community
connectivity.
``(F) Bundles of projects.--A State may use a
bundle of projects as described in subsection (j) to
satisfy the requirements of subparagraph (A), if each
project in the bundle is otherwise eligible under
subparagraph (E).
``(G) Flexibility.--The Secretary may, at the
request of a State, reduce the required obligation
under subparagraph (A) if--
``(i) the reduction is consistent with a
State's asset management plan for the National
Highway System;
``(ii) the reduction will not limit a
State's ability to meet its performance targets
under section 150 or to improve the condition
and performance of bridges on public roads
within the State; and
``(iii) the State demonstrates that it has
inadequate needs to justify the expenditure.
``(H) Bridge investment report.--The Secretary
shall annually publish on the website of the Department
of Transportation a bridge investment report that
includes--
``(i) the total Federal funding obligated
for bridge projects in the most recent fiscal
year, on a State-by-State basis and broken out
by Federal program;
``(ii) the total Federal funding obligated,
on a State-by-State basis and broken out by
Federal program, for bridge projects carried
out pursuant to the minimum bridge investment
requirements under subparagraph (A);
``(iii) the progress made by each State
toward meeting the minimum bridge investment
requirement under subparagraph (A) for such
State, both cumulatively and for the most
recent fiscal year;
``(iv) a summary of--
``(I) each request made under
subparagraph (G) by a State for a
reduction in the minimum bridge
investment requirement under
subparagraph (A); and
``(II) for each request described
in subclause (I) that is granted by the
Secretary--
``(aa) the percentage and
dollar amount of the reduction;
and
``(bb) an explanation of
how the State met each of the
criteria described in
subparagraph (G); and
``(v) a summary of--
``(I) each request made by a State
for a reduction in the obligation
requirements under section 133(f); and
``(II) for each request that is
granted by the Secretary--
``(aa) the percentage and
dollar amount of the reduction;
and
``(bb) an explanation of
how the Secretary made the
determination under section
133(f)(2)(B).
``(I) Off-system bridges.--A State may apply
amounts obligated under this subsection or section
133(f)(2)(A) to the obligation requirements of both
this subsection and section 133(f).
``(J) NHS penalty.--A State may apply amounts
obligated under this subsection or section 119(f)(2) to
the obligation requirements of both this subsection and
section 119(f)(2).
``(K) Compliance.--If a State fails to satisfy the
requirements of subparagraph (A) by the end of fiscal
year 2025, the Secretary may subject the State to
appropriate program sanctions under section 1.36 of
title 23, Code of Federal Regulations (or successor
regulations).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
144 and inserting the following:
``144. Bridges and tunnels.''.
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147 of title 23, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively.
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) by striking ``only includes a project''
and inserting ``includes a project'';
(ii) in clause (xiii) by inserting ``,
including the development of a vulnerable road
user safety assessment or a vision zero plan
under section 1601 of the INVEST in America
Act'' after ``safety planning'';
(iii) by amending clause (xviii) to read as
follows:
``(xviii) Safe routes to school
infrastructure-related projects eligible under
section 211.'';
(iv) in clause (xxvi) by inserting ``or
leading pedestrian intervals'' after ``hybrid
beacons''; and
(v) by striking clause (xxviii) and
inserting the following:
``(xxviii) A pedestrian security feature
designed to slow or stop a motor vehicle.
``(xxix) Installation of infrastructure
improvements, including sidewalks, crosswalks,
signage, and bus stop shelters or protected
waiting areas.'';
(B) in paragraph (11)--
(i) in subparagraph (A)--
(I) in clause (ix) by striking
``and'' at the end;
(II) by redesignating clause (x) as
clause (xi); and
(III) by inserting after clause
(ix) the following:
``(x) State or local representatives of
educational agencies to address safe routes to
school and schoolbus safety; and'';
(ii) in subparagraph (E) by inserting
``Tribal,'' after ``State,'';
(iii) by redesignating subparagraphs (G),
(H), and (I) as subparagraphs (H), (I), and
(J), respectively; and
(iv) by inserting after subparagraph (F)
the following:
``(G) includes a vulnerable road user safety
assessment described under paragraph (16);'';
(C) by redesignating paragraphs (10), (11), and
(12) as paragraphs (12), (13), and (14), respectively;
(D) by inserting after paragraph (9) the following:
``(10) Safe system approach.--The term `safe system
approach' means a roadway design that emphasizes minimizing the
risk of injury or fatality to road users and that--
``(A) takes into consideration the possibility and
likelihood of human error;
``(B) accommodates human injury tolerance by taking
into consideration likely crash types, resulting impact
forces, and the human body's ability to withstand such
forces; and
``(C) takes into consideration vulnerable road
users.
``(11) Specified safety project.--
``(A) In general.--The term `specified safety
project' means a project carried out for the purpose of
safety under any other section of this title that is
consistent with the State strategic highway safety
plan.
``(B) Inclusion.--The term `specified safety
project' includes a project that--
``(i) promotes public awareness and informs
the public regarding highway safety matters
(including safety for motorcyclists,
bicyclists, pedestrians, individuals with
disabilities, and other road users);
``(ii) facilitates enforcement of traffic
safety laws;
``(iii) provides infrastructure and
infrastructure-related equipment to support
emergency services;
``(iv) conducts safety-related research to
evaluate experimental safety countermeasures or
equipment; or
``(v) supports safe routes to school
noninfrastructure-related activities described
under section 211(e)(2).''; and
(E) by adding at the end the following:
``(15) Transportation management area.--The term
`transportation management area' means an area designated under
section 134(k).
``(16) Vulnerable road user.--The term `vulnerable road
user' means a nonmotorist--
``(A) with a fatality analysis reporting system
person attribute code that is included in the
definition of the term `number of non-motorized
fatalities' in section 490.205 of title 23, Code of
Federal Regulations (or successor regulation); or
``(B) described in the term `number of non-
motorized serious injuries' in such section.
``(17) Vulnerable road user safety assessment.--The term
`vulnerable road user safety assessment' means an assessment of
the safety performance of the State or a metropolitan planning
organization within the State with respect to vulnerable road
users and the plan of the State or metropolitan planning
organization to improve the safety of vulnerable road users
described in subsection (l).'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``(a)(11)'' and
inserting ``(a)(13)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi) by inserting
``, consistent with the vulnerable road user
safety assessment'' after ``nonmotorized
crashes'';
(ii) in subparagraph (B)(i)--
(I) by inserting ``, consistent
with a safe system approach,'' after
``identify'';
(II) by inserting ``excessive
design speeds and speed limits,'' after
``crossing needs,''; and
(III) by striking ``motorists
(including motorcyclists), bicyclists,
pedestrians, and other highway users''
and inserting ``road users''; and
(iii) in subparagraph (D)(iii) by striking
``motorists (including motorcyclists),
bicyclists, pedestrians, persons with
disabilities, and other highway users'' and
inserting ``road users'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``Not
later than 1 year after the date of enactment
of the MAP-21, the'' and inserting ``The''; and
(ii) in subparagraph (B)--
(I) in clause (iv) by inserting
``and serious injury'' after
``fatality'';
(II) in clause (vii) by striking
``; and'' and inserting a semicolon;
(III) by redesignating clause
(viii) as clause (ix); and
(IV) by inserting after clause
(vii) the following:
``(viii) the findings of a vulnerable road
user safety assessment of the State; and''; and
(B) in paragraph (2)(B)(i) by striking ``subsection
(a)(11)'' and inserting ``subsection (a)(13)'';
(4) in subsection (e)--
(A) in paragraph (1)(C) by striking ``, without
regard to whether the project is included in an
applicable State strategic highway safety plan''; and
(B) by adding at the end the following:
``(3) Flexible funding for specified safety projects.--
``(A) In general.--To advance the implementation of
a State strategic highway safety plan, a State may use
not more than 10 percent of the amounts apportioned to
the State under section 104(b)(3) for a fiscal year to
carry out specified safety projects.
``(B) Rule of statutory construction.--Nothing in
this paragraph shall be construed to require a State to
revise any State process, plan, or program in effect on
the date of enactment of this paragraph.
``(C) Effect of paragraph.--
``(i) Requirements.--A project funded under
this paragraph shall be subject to all
requirements under this section that apply to a
highway safety improvement project.
``(ii) Other apportioned programs.--
Subparagraph (A) shall not apply to amounts
that may be obligated for noninfrastructure
projects apportioned under any other paragraph
of section 104(b).'';
(5) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(1) High-risk rural road safety.--
``(A) In general.--If the Secretary determines that
the fatality rate on rural roads in a State for the
most recent 2-year period for which data are available
exceeds the median fatality rate for rural roads among
all States, such State shall be required to--
``(i) obligate over the 2 fiscal years
following the fiscal year in which such
determination is made for projects on high-risk
rural roads an amount not less than 7.5 percent
of the amounts apportioned to the State under
section 104(b)(3) for fiscal year 2020; and
``(ii) include, in the subsequent update to
the State strategic highway safety plan,
strategies to reduce the fatality rate.
``(B) Source of funds.--Any amounts obligated under
subparagraph (A) shall be from amounts described under
section 133(d)(1)(B).
``(C) Annual determination.--The determination
described under subparagraph (A) shall be made on an
annual basis.
``(D) Consultation.--In carrying out a project with
an amount obligated under subparagraph (A), a State
shall consult with, as applicable, local governments,
metropolitan planning organizations, and regional
transportation planning organizations.'';
(B) in paragraph (2)--
(i) in the heading by striking ``drivers''
and inserting ``road users'';
(ii) by striking ``drivers and
pedestrians'' and inserting ``road users''; and
(iii) by striking ``address the increases
in'' and inserting ``reduce''; and
(C) by adding at the end the following:
``(3) Vulnerable road user safety.--
``(A) High risk states.--
``(i) Annual determination.--Beginning on
the date of enactment of the INVEST in America
Act, the Secretary shall determine on an annual
basis whether the number of vulnerable road
user fatalities and serious injuries per capita
in a State over the most recent 2-year period
for which data are available exceeds the median
number fatalities in all such areas over such
2-year period.
``(ii) Obligation requirement.--If the
Secretary determines that the number of
vulnerable road user fatalities and serious
injuries per capita in a State over the most
recent 2-year period for which data are
available exceeds the median number of such
fatalities and serious injuries per capita over
such 2-year period among all States, that State
shall be required to obligate over the 2 fiscal
years following the fiscal year in which such
determination is made an amount that is not
less than 50 percent of the amount set aside in
such State under section 133(h)(1) for fiscal
year 2020 (less any amounts obligated for
projects in that State as required by
subparagraph (B)(ii)) for--
``(I) in the first two fiscal years
after the enactment of the INVEST in
America Act--
``(aa) performing the
vulnerable road user safety
assessment as required by
subsection (l);
``(bb) providing matching
funds for transportation
alternatives safety projects as
identified in section
133(h)(7)(B); or
``(cc) projects eligible
under subparagraphs (A), (B),
(C), or (I) of section 133(h);
and
``(II) in each 2-year period
thereafter, projects identified in the
program of projects described in
subsection (l)(2)(C).
``(B) High risk areas.--
``(i) Annual determination.--The Secretary
shall determine on an annual basis whether the
number of vulnerable road user fatalities per
capita in a transportation management area over
the most recent 2-year period for which data
are available exceeds the median number
fatalities in all such areas over such 2-year
period.
``(ii) Obligation requirement.--If the
Secretary determines that the number of
vulnerable road user fatalities per capita in
the transportation management area over the
most recent 2-year period for which data are
available exceeds the median number of such
fatalities over such 2-year period among all
such areas, then there shall be required to be
obligated over the 2 fiscal years following the
fiscal year in which such determination is
made, for projects identified in the program of
projects described in subsection (l)(7)(C), an
amount that is not less than 50 percent of the
amount set aside for that urbanized area under
section 133(h)(2) for fiscal year 2020.
``(iii) Applicability.--The obligation
requirement described in clause (ii) shall not
take effect until the subject metropolitan
planning organization has developed the
vulnerable road user safety assessment
described in subsection (l)(7).
``(C) Source of funds.--
``(i) In general.--Any amounts required to
be obligated under this paragraph shall be from
amounts apportioned under section 104(b) except
for--
``(I) amounts described in section
133(d)(1)(A); and
``(II) amounts set aside under
section 133(h).
``(ii) Areas in a high risk state.--If an
area subject to the obligation requirement
described in subparagraph (B)(ii) is located in
a State required to obligate funds to
vulnerable road user safety under subparagraph
(A)(ii), any obligations in such State for
projects identified in the program of projects
described in subsection (l)(7)(C) shall count
toward such State's obligation requirement
under subparagraph (A)(ii).'';
(6) in subsection (h)(1)(A)--
(A) by inserting ``, including any efforts to
reduce vehicle speed'' after ``under this section'';
and
(B) by inserting ``and projects identified under a
vulnerable road user safety assessment'' after
``projects''; and
(7) by adding at the end the following:
``(l) Vulnerable Road User Safety Assessment.--
``(1) In general.--Not later than 1 year after date of
enactment of the INVEST in America Act, each State shall create
a vulnerable road user safety assessment.
``(2) Contents.--A vulnerable road user safety assessment
required under paragraph (1) shall include--
``(A) a description of the location within the
State of each vulnerable road user fatality and serious
injury, including, if available, the design speed of
the roadway at any such location;
``(B) a description of any corridors identified by
a State, in coordination with local governments,
metropolitan planning organizations, and regional
transportation planning organizations that pose a high
risk of a vulnerable road user fatality or serious
injury, including, if available, the design speeds of
such corridors; and
``(C) a program of projects or strategies to reduce
safety risks to vulnerable road users in corridors
identified under subparagraph (B), in coordination with
local governments, metropolitan planning organizations,
and regional transportation planning organizations that
represent a high-risk area identified under
subparagraph (B).
``(3) Analysis.--In creating a vulnerable road user safety
assessment under this subsection, a State shall assess the last
5 years of available data.
``(4) Requirements.--In creating a vulnerable road user
safety assessment under this subsection, a State shall--
``(A) take into consideration a safe system
approach; and
``(B) coordinate with local governments,
metropolitan planning organizations, and regional
transportation planning organizations that represent a
high-risk area identified under paragraph (2)(B).
``(5) Update.--A State shall update a vulnerable road user
safety assessment on the same schedule as the State updates the
State strategic highway safety plan.
``(6) Transportation system access.--The program of
projects developed under paragraph (2)(C) may not degrade
transportation system access for vulnerable road users.
``(7) Urbanized area assessments.--
``(A) In general.--A metropolitan planning
organization representing a transportation management
area shall, in consultation with local governments in
such area, complete a vulnerable road user safety
assessment based on the most recent 5 years of
available data at least once every 4 years.
``(B) Contents.--The assessment completed under
subparagraph (A) shall include--
``(i) a description of the location within
the area of each vulnerable road user fatality
and, if available, serious injury;
``(ii) a description of any corridors that
represent a high-risk area identified under
paragraph (2)(B) or have otherwise been
identified by the metropolitan planning
organization or local government that pose a
high risk of a vulnerable road user fatality or
serious injury; and
``(iii) a program of projects or strategies
to reduce safety risks to vulnerable road users
in corridors identified under subparagraph
(B).''.
(b) Technical Amendment.--Section 148 of title 23, United States
Code, is amended--
(1) in the heading for subsection (a)(8) by striking ``Road
users'' and inserting ``Road user''; and
(2) in subsection (i)(2)(D) by striking ``safety safety''
and inserting ``safety''.
(c) High-Risk Rural Roads.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
update the study described in paragraph (1) of section 1112(b)
of MAP-21 (23 U.S.C. 148 note).
(2) Publication of report.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall publish
on the website of the Department of Transportation an updated
report of the report described in paragraph (2) of section
1112(b) of MAP-21 (23 U.S.C. 148 note).
(3) Best practices manual.--Not later than 180 days after
the date of submission of the report described in paragraph
(2), the Secretary shall update the best practices manual
described in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note).
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)(ii) by striking
``subsection (h)'' and inserting ``subsection (i)'';
(B) in paragraph (7) by inserting ``shared
micromobility (including bikesharing and shared scooter
systems), publicly accessible charging stations, docks,
and storage for electric bicycles and micromobility
devices,'' after ``carsharing'';
(C) in paragraph (8)(B) by striking ``; or'' and
inserting a semicolon;
(D) in paragraph (9) by striking the period and
inserting ``; or''; and
(E) by adding at the end the following:
``(10) if the project or program mitigates seasonal or
temporary traffic congestion from long-haul travel or
tourism.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in the heading by inserting ``,
hydrogen vehicle,'' after ``Electric vehicle'';
(ii) by inserting ``hydrogen or'' after
``charging stations or''; and
(iii) by inserting ``, hydrogen-powered,''
after ``battery powered''; and
(B) in paragraph (3) by inserting ``, and is
consistent with section 166'' after ``travel times'';
and
(3) by striking subsection (m) and inserting the following:
``(m) Operating Assistance.--
``(1) Projects.--A State may obligate funds apportioned
under section 104(b)(4) in an area of such State that is
otherwise eligible for obligations of such funds for operating
costs under chapter 53 of title 49 or on a system for which
CMAQ funding was made available, obligated, or expended in
fiscal year 2012, or, notwithstanding subsection (b), on a
State-supported Amtrak route with a cost-sharing agreement
under section 209 of the Passenger Rail Investment and
Improvement Act of 2008 or alternative cost allocation under
section 24712(g)(3) of title 49.
``(2) Time limitation.--In determining the amount of time
for which a State may obligate funds under paragraph (1) for
operating assistance for an area of a State or on a system, the
Secretary shall allow such obligations to occur, in such area
or on such system--
``(A) with a time limitation of not less than 3
years; and
``(B) in the case of projects that demonstrate
continued net air quality benefits beyond 3 years, as
determined annually by the Secretary in consultation
with the Administrator of the Environmental Protection
Agency, with no imposed time limitation.''.
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.
(a) Electric Vehicle Charging Stations.--Chapter 1 of title 23,
United States Code, is amended by inserting after section 154 the
following new section:
``Sec. 155. Electric vehicle charging stations
``(a) In General.--Any electric vehicle charging infrastructure
funded under this title shall be subject to the requirements of this
section.
``(b) Interoperability.--An electric vehicle charging station
funded under this title shall--
``(1) provide a charging connector type or means to
transmit electricity to vehicles that meets applicable industry
accepted practices and safety standards; and
``(2) have the ability to serve vehicles produced by more
than one vehicle manufacturer.
``(c) Open Access to Payment.--Electric vehicle charging stations
shall provide payment methods available to all members of the public to
ensure secure, convenient, and equal access and shall not be limited by
membership to a particular payment provider.
``(d) Network Capability.--An electric vehicle charging station
funded under this title shall be capable of being remotely monitored.
``(e) 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, 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 physical, software, and payment interoperability
of electric vehicle charging infrastructure;
``(3) any traffic control device or on-premises sign
acquired, installed, or operated related to an electric vehicle
charging station funded under this title; and
``(4) network connectivity of electric vehicle charging,
including measures to protect personal privacy and ensure
cybersecurity.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 154 the following new item:
``155. Electric vehicle charging stations.''.
(c) Electric Vehicle Charging Signage.--The Secretary of
Transportation shall update the Manual on Uniform Traffic Control
Devices to--
(1) ensure uniformity in providing road users direction to
electric charging stations that are open to the public; and
(2) allow the use of a comprehensive system of signs for
electric vehicle charging providers to help drivers identify
the type of charging and connector types available at the
location.
(d) Agreements Relating to the Use and Access of Rights-of-Way of
the Interstate System.--Section 111 of title 23, United States Code, is
amended by adding at the end the following:
``(f) Interstate System Rights-of-Way.--
``(1) In general.--Notwithstanding subsection (a) or (b),
the Secretary shall permit, consistent with section 155, the
charging of electric vehicles on rights-of-way of the
Interstate System, including in--
``(A) a rest area; or
``(B) a fringe or corridor parking facility,
including a park and ride facility.
``(2) Savings clause.--Nothing in this subsection shall
permit commercial activities on rights-of-way of the Interstate
System, except as necessary for the charging of electric
vehicles in accordance with this subsection.''.
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.
(a) In General.--Section 167 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (6) by striking ``; and'' and
inserting a semicolon; and
(B) by striking paragraph (7) and inserting the
following:
``(7) to reduce the environmental impacts of freight
movement on the National Highway Freight Network, including--
``(A) greenhouse gas emissions;
``(B) local air pollution, including local
pollution derived from vehicles idling at railway
crossings;
``(C) minimizing, capturing, or treating stormwater
runoff and addressing other adverse impacts to water
quality; and
``(D) wildlife habitat loss; and
``(8) to decrease any adverse impact of freight
transportation on communities located near freight facilities
or freight corridors.'';
(2) in subsection (e)(2) by striking ``150 miles'' and
inserting ``300 miles'';
(3) in subsection (f)(4) by striking ``75 miles'' and
inserting ``150 miles'';
(4) in subsection (h) by striking ``Not later than'' and
all that follows through ``shall prepare'' and inserting ``As
part of the report required under section 503(b)(8), the
Administrator shall biennially prepare'';
(5) in subsection (i)--
(A) by striking paragraphs (2) and (3);
(B) by amending paragraph (4) to read as follows:
``(4) Freight planning.--Notwithstanding any other
provision of law, a State may not obligate funds apportioned to
the State under section 104(b)(5) unless the State has
developed, updated, or amended, as applicable, a freight plan
in accordance with section 70202 of title 49.'';
(C) in paragraph (5)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) Limitation.--The Federal share of a project
described in subparagraph (C)(xxiii) shall fund only
elements of such project that provide public
benefits.''; and
(ii) in subparagraph (C)--
(I) in clause (iii) by inserting
``and freight management and operations
systems'' after ``freight
transportation systems''; and
(II) by amending clause (xxiii) to
read as follows:
``(xxiii) Freight intermodal or freight
rail projects, including--
``(I) projects within the
boundaries of public or private freight
rail or water facilities (including
ports);
``(II) projects that provide
surface transportation infrastructure
necessary to facilitate direct
intermodal interchange, transfer, and
access into or out of the facility; and
``(III) any other surface
transportation project to improve the
flow of freight into or out of a
facility described in subclause (I) or
(II).'';
(D) in paragraph (6) by striking ``paragraph (5)''
and inserting ``paragraph (3)''; and
(E) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (2), (3), (4), and (5), respectively;
and
(6) in subsection (k)(1)(A)(ii) by striking ``ports-of
entry'' and inserting ``ports-of-entry''.
(b) National Highway Freight Network.--If a congressionally
designated future Interstate, or any portion thereof, is included in a
State Freight Plan (regardless of whether such project is included in
the freight investment plan of the State) approved by the Department of
Transportation prior to October 1, 2021, such route shall be considered
to be on the National Highway Freight Network established under section
167(c) of title 23, United States Code.
SEC. 1213. CARBON POLLUTION REDUCTION.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Carbon pollution reduction
``(a) Establishment.--The Secretary shall establish a carbon
pollution reduction program to support the reduction of greenhouse gas
emissions from the surface transportation system.
``(b) Eligible Projects.--A project is eligible for funding under
this section if such project--
``(1) is expected to yield a significant reduction in
greenhouse gas emissions from the surface transportation
system;
``(2) will help a State meet the greenhouse gas emissions
performance targets established under section 150(d); and
``(3) is--
``(A) eligible for assistance under this title or
under chapter 53 of title 49 or is a capital project
for vehicles and facilities (whether publicly or
privately owned) that are used to provide intercity
passenger service by bus; or
``(B) a capital project, as such term is defined in
section 22906 of title 49, to improve intercity rail
passenger transportation, provided that the project
will yield a significant reduction in single occupant
vehicle trips and improve mobility on public roads.
``(c) Guidance.--The Secretary shall issue guidance on methods of
determining the reduction of single occupant vehicle trips and
improvement of mobility on public roads as those factors relate to
intercity rail passenger transportation projects under subsection
(b)(4).
``(d) Operating Expenses.--A State may use not more than 10 percent
of the funds provided under section 104(b)(9) for the operating
expenses of public transportation and passenger rail transportation
projects.
``(e) Single-Occupancy Vehicle Highway Facilities.--None of the
funds provided under this section may be used for a project that will
result in the construction of new capacity available to single occupant
vehicles unless the project consists of a high occupancy vehicle
facility and is consistent with section 166.
``(f) Evaluation.--
``(1) In general.--The Secretary shall annually evaluate
the progress of each State in carrying out the program under
this section by comparing the percent change in carbon dioxide
emissions per capita on public roads in the State calculated
as--
``(A) the annual carbon dioxide emissions per
capita on public roads in the State for the most recent
year for which there is data; divided by
``(B) the average annual carbon dioxide emissions
per capita on public roads in the State in calendar
years 2015 through 2019.
``(2) Measures.--In conducting the evaluation under
paragraph (1), the Secretary shall--
``(A) prior to the effective date of the greenhouse
gas performance measures under section 150(c)(7)(A),
use such data as are available, which may include data
on motor fuels usage published by the Federal Highway
Administration and information on emissions factors or
coefficients published by the Energy Information
Administration of the Department of Energy; and
``(B) following the effective date of the
greenhouse gas performance measures under section
150(c)(7)(A), use such measures.
``(g) Progress Report.--The Secretary shall annually issue a carbon
pollution reduction progress report, to be made publicly available on
the website of the Department of Transportation, that includes--
``(1) the results of the evaluation under subsection (f)
for each State; and
``(2) a ranking of all the States by the criteria under
subsection (f), with the States that, for the year covered by
such report, have the largest percentage reduction in annual
carbon dioxide emissions per capita on public roads being
ranked the highest.
``(h) High-Performing States.--
``(1) Designation.--For purposes of this section, each
State that is 1 of the 15 highest ranked States, as determined
under subsection (g)(2), and that achieves a reduction in
carbon dioxide emissions per capita on public roads, as
determined by the evaluation in subsection (f), shall be
designated as a high-performing State for the following fiscal
year.
``(2) Use of funds.--For each State that is designated as a
high-performing State under paragraph (1)--
``(A) notwithstanding section 120, the State may
use funds made available under this title to pay the
non-Federal share of a project under this section
during any year for which such State is designated as a
high-performing State; and
``(B) notwithstanding section 126, the State may
transfer up to 50 percent of funds apportioned under
section 104(b)(9) to the program under section
104(b)(2) in any year for which such State is
designated as a high-performing State.
``(3) Transfer.--For each State that is 1 of the 15 lowest
ranked States, as determined under subsection (g)(2), the
Secretary shall transfer 10 percent of the amount apportioned
to the State under section 104(b)(2) in the fiscal year
following the year in which the State is so ranked, not
including amounts set aside under section 133(d)(1)(A) and
under section 133(h) or 505(a), to the apportionment of the
State under section 104(b)(9).
``(4) Limitation.--The Secretary shall not conduct a
transfer under paragraph (3)--
``(A) until the first fiscal year following the
effective date of greenhouse gas performance measures
under section 150(c)(7)(A); and
``(B) with respect to a State in any fiscal year
following the year in which such State achieves a
reduction in carbon dioxide emissions per capita on
public roads in such year as determined by the
evaluation under subsection (f).
``(i) Report.--Not later than 2 years after the date of enactment
of this section and periodically thereafter, the Secretary, in
consultation with the Administrator of the Environmental Protection
Agency, shall issue a report--
``(1) detailing, based on the best available science, what
types of projects eligible for assistance under this section
are expected to provide the most significant greenhouse gas
emissions reductions from the surface transportation sector;
and
``(2) detailing, based on the best available science, what
types of projects eligible for assistance under this section
are not expected to provide significant greenhouse gas
emissions reductions from the surface transportation sector.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following new
item:
``171. Carbon pollution reduction.''.
(c) Applicability.--Subsection (b)(2) of section 171 of title 23,
United States Code, as added by this section, shall apply to a State
beginning on the first fiscal year following the fiscal year in which
the State sets greenhouse gas performance targets under section 150(d)
of title 23, United States Code.
SEC. 1214. RECREATIONAL TRAILS.
Section 206 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``except for'' and
all that follows and inserting the following: ``except
for--
``(A) a motorized wheelchair; and
``(B) in any case in which applicable laws and
regulations permit use, an electric bicycle, as defined
in section 217(j).'';
(B) in paragraph (2)--
(i) in subparagraph (F) by striking ``and''
at the end;
(ii) in subparagraph (G) by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) electric bicycling.''; and
(2) by adding at the end the following:
``(j) Special Rule.--Section 113 shall not apply to projects under
this section.''.
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 Block Grant Funds.--
Section 133 of title 23, United States Code, is amended--
(1) in subsection (b) by adding at the end the following:
``(20) 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
(20)'' after ``(11)''.
SEC. 1218. SAFE STREETS FOR ALL.
Section 148 of title 23, United States Code, is further amended by
adding at the end the following:
``(m) Safe Streets for All.--
``(1) Safe streets set-aside.--
``(A) Establishment.--The Secretary shall establish
a safe streets program to eliminate the occurrence of
transportation-related fatalities and serious injuries
on public roads, with a focus on vulnerable road users.
``(B) Amount.--Of the funds apportioned to a State
under section 104(b)(3) for each fiscal year, the
Secretary shall reserve an amount such that--
``(i) the Secretary reserves a total under
this subsection of $500,000,000 for each of
fiscal years 2023 through 2026; and
``(ii) the State's share of that total is
distributed in the same manner as the amount
apportioned to the State under section
104(b)(3) for each fiscal year bears to the
total amount of funds apportioned to all States
under such section.
``(2) Suballocation.--For each fiscal year for which funds
are set aside under this subsection, such funds shall be
obligated within a State in the manner described in subsections
(d) and (e) of section 133, except that, for the purposes of
this subsection, the percentage referred to in section
133(d)(1)(A) shall be treated as 100 percent.
``(3) Use of funds.--
``(A) In general.--Funds set aside under this
subsection shall be available for obligation--
``(i) for a complete streets project that
supports the safe, comfortable, convenient, and
independent movement of all users of the
transportation system, of all ages and
abilities, consistent with context sensitive
design principles;
``(ii) for activities eligible under the
safe routes to school program under section
211;
``(iii) to develop and implement the
policies and procedures described in section
109(s);
``(iv) for any element of vision zero
planning described under section 1601 of the
INVEST in America Act and to implement an
existing vision zero plan;
``(v) for other activities in furtherance
of the vulnerable road user safety assessment
of the State or the metropolitan planning
organization described under subsection (l);
and
``(vi) for any other project, program, or
plan eligible under this section that provides
for the safe and adequate accommodation of all
users of the surface transportation network, as
determined by the Secretary.
``(B) Special rule.--If a State or metropolitan
planning organization demonstrates to the satisfaction
of the Secretary that such State or metropolitan
planning organization has met all its needs for
vulnerable road user safety under this section, the
State or metropolitan planning organization may use
funds made available under this subsection for other
highway safety improvement program purposes, subject to
the suballocation under paragraph (2). The Secretary
may not make a determination under this subparagraph if
the State or metropolitan planning organization has
been subject to the special rule described in
subsection (g)(3) within the last 5 years.''.
SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 211 (as added by this Act) the
following:
``Sec. 212. Use of youth service and conservation corps
``(a) In General.--The Secretary may allow and shall encourage
project sponsors to enter into contracts and cooperative agreements
with qualified youth service or conservation corps, as described in
sections 122(a)(2) of the National and Community Service Act of 1990
(42 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and Community
Service Trust Act of 1993 (42 U.S.C. 12656(c)(3)) to perform
appropriate projects eligible under sections 133(h), 162, 206, and 211.
``(b) Requirements.--Under any contract or cooperative agreement
entered into with a qualified youth service or conservation corps under
this section, the Secretary shall--
``(1) set the amount of a living allowance or rate of pay
for each participant in such corps at--
``(A) such amount or rate as required under State
law in a State with such requirements; or
``(B) for corps in States not described in
subparagraph (A), at such amount or rate as determined
by the Secretary, not to exceed the maximum living
allowance authorized by section 140 of the National and
Community Service Act of 1990 (42 U.S.C. 12594); and
``(2) not subject such corps to the requirements of section
112 or 113.''.
(b) Clerical Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item relating to
section 211 (as added by this Act) the following:
``212. Use of youth service and conservation corps.''.
Subtitle C--Project-Level Investments
SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
(a) In General.--Section 117 of title 23, United States Code, is
amended to read as follows:
``Sec. 117. Projects of national and regional significance
``(a) Establishment.--The Secretary shall establish a projects of
national and regional significance program under which the Secretary
may make grants to, and establish multiyear grant agreements with,
eligible entities in accordance with this section.
``(b) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, in such manner, and containing such information as the Secretary
may require.
``(c) Grant Amounts and Project Costs.--
``(1) In general.--Each grant made under this section--
``(A) shall be in an amount that is at least
$25,000,000; and
``(B) shall be for a project that has eligible
project costs that are reasonably anticipated to equal
or exceed the lesser of--
``(i) $100,000,000; or
``(ii) in the case of a project--
``(I) located in 1 State or
territory, 30 percent of the amount
apportioned under this chapter to the
State or territory in the most recently
completed fiscal year; or
``(II) located in more than 1 State
or territory, 50 percent of the amount
apportioned under this chapter to the
participating State or territory with
the largest apportionment under this
chapter in the most recently completed
fiscal year.
``(2) Large projects.--For a project that has eligible
project costs that are reasonably anticipated to equal or
exceed $500,000,000, a grant made under this section--
``(A) shall be in an amount sufficient to fully
fund the project, or in the case of a public
transportation project, a minimum operable segment, in
combination with other funding sources, including non-
Federal financial commitment, identified in the
application; and
``(B) may be awarded pursuant to the process under
subsection (d), as necessary based on the amount of the
grant.
``(d) Multiyear Grant Agreements for Large Projects.--
``(1) In general.--A large project that receives a grant
under this section may be carried out through a multiyear grant
agreement in accordance with this subsection.
``(2) Requirements.--A multiyear grant agreement for a
large project shall--
``(A) establish the terms of participation by the
Federal Government in the project;
``(B) establish the amount of Federal financial
assistance for the project;
``(C) establish a schedule of anticipated Federal
obligations for the project that provides for
obligation of the full grant amount by not later than 4
fiscal years after the fiscal year in which the initial
amount is provided; and
``(D) determine the period of time for completing
the project, even if such period extends beyond the
period of an authorization.
``(3) Special rules.--
``(A) In general.--A multiyear grant agreement
under this subsection--
``(i) shall obligate an amount of available
budget authority specified in law; and
``(ii) may include a commitment, contingent
on amounts to be specified in law in advance
for commitments under this paragraph, to
obligate an additional amount from future
available budget authority specified in law.
``(B) Contingent commitment.--A contingent
commitment under this subsection is not an obligation
of the Federal Government under section 1501 of title
31.
``(C) Interest and other financing costs.--
``(i) In general.--Interest and other
financing costs of carrying out a part of the
project within a reasonable time shall be
considered a cost of carrying out the project
under a multiyear grant agreement, except that
eligible costs may not be more than the cost of
the most favorable financing terms reasonably
available for the project at the time of
borrowing.
``(ii) Certification.--The applicant shall
certify to the Secretary that the applicant has
shown reasonable diligence in seeking the most
favorable financing terms.
``(4) Advance payment.--An eligible entity carrying out a
large project under a multiyear grant agreement--
``(A) may use funds made available to the eligible
entity under this title or title 49 for eligible
project costs of the large project; and
``(B) shall be reimbursed, at the option of the
eligible entity, for such expenditures from the amount
made available under the multiyear grant agreement for
the project in that fiscal year or a subsequent fiscal
year.
``(e) Eligible Projects.--
``(1) In general.--The Secretary may make a grant under
this section only for a project that is a project eligible for
assistance under this title or chapter 53 of title 49 and is--
``(A) a bridge project carried out on the National
Highway System, or that is eligible to be carried out
under section 165;
``(B) a project to improve person throughput that
is--
``(i) a highway project carried out on the
National Highway System, or that is eligible to
be carried out under section 165;
``(ii) a public transportation project; or
``(iii) a capital project, as such term is
defined in section 22906 of title 49, to
improve intercity rail passenger
transportation; or
``(C) a project to improve freight throughput that
is--
``(i) a highway freight project carried out
on the National Highway Freight Network
established under section 167 or on the
National Highway System;
``(ii) a freight intermodal, freight rail,
or railway-highway grade crossing or grade
separation project; or
``(iii) within the boundaries of a public
or private freight rail, water (including
ports), or intermodal facility and that is a
surface transportation infrastructure project
necessary to facilitate direct intermodal
interchange, transfer, or access into or out of
the facility.
``(2) Limitation.--
``(A) Certain freight projects.--Projects described
in clauses (ii) and (iii) of paragraph (1)(C) may
receive a grant under this section only if--
``(i) the project will make a significant
improvement to the movement of freight on the
National Highway System; and
``(ii) the Federal share of the project
funds only elements of the project that provide
public benefits.
``(B) Certain projects for person throughput.--
Projects described in clauses (ii) and (iii) of
paragraph (1)(B) may receive a grant under this section
only if the project will make a significant improvement
in mobility on public roads.
``(f) Eligible Project Costs.--An eligible entity receiving a grant
under this section may use such grant for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements directly related to
improving system performance.
``(g) Project Requirements.--The Secretary may select a project
described under this section for funding under this section only if the
Secretary determines that the project--
``(1) generates significant regional or national economic,
mobility, safety, resilience, or environmental benefits;
``(2) is cost effective;
``(3) is based on the results of preliminary engineering;
``(4) has secured or will secure acceptable levels of non-
Federal financial commitments, including--
``(A) one or more stable and dependable sources of
funding and financing to construct, maintain, and
operate the project; and
``(B) contingency amounts to cover unanticipated
cost increases;
``(5) cannot be easily and efficiently completed without
additional Federal funding or financial assistance available to
the project sponsor, beyond existing Federal apportionments;
and
``(6) is reasonably expected to begin construction not
later than 18 months after the date of obligation of funds for
the project.
``(h) Merit Criteria and Considerations.--
``(1) Merit criteria.--In awarding a grant under this
section, the Secretary shall evaluate the following merit
criteria:
``(A) The extent to which the project supports
achieving a state of good repair.
``(B) The level of benefits the project is expected
to generate, including--
``(i) the costs avoided by the prevention
of closure or reduced use of the asset to be
improved by the project;
``(ii) reductions in maintenance costs over
the life of the asset;
``(iii) safety benefits, including the
reduction of accidents and related costs;
``(iv) improved person or freight
throughput, including congestion reduction and
reliability improvements;
``(v) national and regional economic
benefits;
``(vi) resilience benefits, including the
ability to withstand disruptions from a seismic
event;
``(vii) environmental benefits, including
reduction in greenhouse gas emissions and air
quality benefits; and
``(viii) benefits to all users of the
project, including pedestrian, bicycle,
nonvehicular, railroad, and public
transportation users.
``(C) How the benefits compare to the costs of the
project.
``(D) The average number of people or volume of
freight, as applicable, supported by the project,
including visitors based on travel and tourism.
``(2) Additional considerations.--In awarding a grant under
this section, the Secretary shall consider the following:
``(A) Whether the project spans at least 1 border
between 2 States.
``(B) Whether the project serves low-income
residents of low-income communities, including areas of
persistent poverty, while not displacing such
residents.
``(C) Whether the project uses innovative
technologies, innovative design and construction
techniques, or pavement materials that demonstrate
reductions in greenhouse gas emissions through
sequestration or innovative manufacturing processes
and, if so, the degree to which such technologies,
techniques, or materials are used.
``(D) Whether the project improves connectivity
between modes of transportation moving people or goods
in the Nation or region.
``(E) Whether the project provides new or improved
connections between at least two metropolitan areas
with a population of at least 500,000.
``(F) Whether the project would replace,
reconstruct, or rehabilitate a high-commuter corridor
(as such term is defined in section 203(a)(6)) that is
in poor condition.
``(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 for the costs of
administering the program under this section.
``(o) Technical Assistance.--Of the amounts made available to carry
out this section, the Secretary may reserve up to $5,000,000 to provide
technical assistance to eligible entities.
``(p) Congressional Review.--
``(1) Notification.--Not less than 60 days before making an
award under this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Commerce, Science, and Transportation of
the Senate--
``(A) a list of all applications determined to be
eligible for a grant by the Secretary;
``(B) the quality ratings assigned to each
application pursuant to subsection (i);
``(C) a list of applications that received final
consideration by the Secretary to receive an award
under this section;
``(D) each application proposed to be selected for
a grant award;
``(E) proposed grant amounts, including for each
new multiyear grant agreement, the proposed payout
schedule for the project; and
``(F) an analysis of the impacts of any large
projects proposed to be selected on existing
commitments and anticipated funding levels for the next
4 fiscal years, based on information available to the
Secretary at the time of the report.
``(2) Committee review.--Before the last day of the 60-day
period described in paragraph (1), each Committee described in
paragraph (1) shall review the Secretary's list of proposed
projects.
``(3) Congressional disapproval.--The Secretary may not
make a grant or any other obligation or commitment to fund a
project under this section if a joint resolution is enacted
disapproving funding for the project before the last day of the
60-day period described in paragraph (1).
``(q) Transparency.--
``(1) In general.--Not later than 30 days after awarding a
grant for a project under this section, the Secretary shall
send to all applicants, and publish on the website of the
Department of Transportation--
``(A) a summary of each application made to the
program for the grant application period; and
``(B) the evaluation and justification for the
project selection, including ratings assigned to all
applications and a list of applications that received
final consideration by the Secretary to receive an
award under this section, for the grant application
period.
``(2) Briefing.--The Secretary shall provide, at the
request of a grant applicant under this section, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(r) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State or a group of States;
``(2) a unit of local government, including a metropolitan
planning organization, or a group of local governments;
``(3) a political subdivision of a State or local
government;
``(4) a special purpose district or public authority with a
transportation function, including a port authority;
``(5) an Indian Tribe or Tribal organization;
``(6) a Federal agency eligible to receive funds under
section 201, 203, or 204, including the Army Corps of
Engineers, Bureau of Reclamation, and the Bureau of Land
Management, that applies jointly with a State or group of
States;
``(7) a territory; and
``(8) a multistate or multijurisdictional group of entities
described in this paragraph.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
117 and inserting the following:
``117. Projects of national and regional significance.''.
SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, as
amended by this title, is further amended by adding at the end the
following:
``Sec. 173. Community transportation investment grant program
``(a) Establishment.--The Secretary shall establish a community
transportation investment grant program to improve surface
transportation safety, state of good repair, accessibility, and
environmental quality through infrastructure investments.
``(b) Grant Authority.--
``(1) In general.--In carrying out the program established
under subsection (a), the Secretary shall make grants, on a
competitive basis, to eligible entities in accordance with this
section.
``(2) Grant amount.--The maximum amount of a grant under
this section shall be $25,000,000.
``(c) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
may require.
``(d) Eligible Project Costs.--Grant amounts for an eligible
project carried out under this section may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to such land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
``(e) Rural and Community Setasides.--
``(1) In general.--The Secretary shall reserve--
``(A) not less than 25 percent of the amounts made
available to carry out this section for projects
located in rural areas; and
``(B) not less than 25 percent of the amounts made
available to carry out this section for projects
located in urbanized areas with a population greater
than 49,999 individuals and fewer than 200,001
individuals.
``(2) Definition of rural area.--In this subsection, the
term `rural area' means all areas of a State or territory not
included in urbanized areas.
``(3) Excess funding.--If the Secretary determines that
there are insufficient qualified applicants to use the funds
set aside under this subsection, the Secretary may use such
funds for grants for any projects eligible under this section.
``(f) Evaluation.--To evaluate applications under this section, the
Secretary shall--
``(1) develop a process to objectively evaluate
applications on the benefits of the project proposed in such
application--
``(A) to transportation safety, including
reductions in traffic fatalities and serious injuries;
``(B) to state of good repair, including improved
condition of bridges and pavements;
``(C) to transportation system access, including
improved access to jobs and services; and
``(D) in reducing greenhouse gas emissions;
``(2) develop a rating system to assign a numeric value to
each application, based on each of the criteria described in
paragraph (1);
``(3) for each application submitted, compare the total
benefits of the proposed project, as determined by the rating
system developed under paragraph (2), with the costs of such
project, and rank each application based on the results of the
comparison; and
``(4) ensure that only such applications that are ranked
highly based on the results of the comparison conducted under
paragraph (3) are considered to receive a grant under this
section.
``(g) Weighting.--In establishing the evaluation process under
subsection (f), the Secretary may assign different weights to the
criteria described in subsection (f)(1) based on project type,
population served by a project, and other context-sensitive
considerations, provided that--
``(1) each application is rated on all criteria described
in subsection (f)(1); and
``(2) each application has the same possible minimum and
maximum rating, regardless of any differences in the weighting
of criteria.
``(h) Transparency.--
``(1) Publicly available information.--Prior to the
issuance of any notice of funding opportunity under this
section, the Secretary shall make publicly available on the
website of the Department of Transportation a detailed
explanation of the evaluation and rating process developed
under subsection (f), including any differences in the
weighting of criteria pursuant to subsection (g), if
applicable, and update such website for each revision of the
evaluation and rating process.
``(2) Notifications to congress.--The Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee on Environment and
Public Works of the Senate, the Committee on Banking, Housing,
and Urban Affairs of the Senate, and the Committee on Commerce,
Science, and Transportation of the Senate the following written
notifications:
``(A) A notification when the Secretary publishes
or updates the information required under paragraph
(1).
``(B) Not later than 30 days prior to the date on
which the Secretary awards a grant under this section,
a notification that includes--
``(i) the ratings of each application
submitted pursuant to subsection (f)(2);
``(ii) the ranking of each application
submitted pursuant to subsection (f)(3); and
``(iii) a list of all applications that
receive final consideration by the Secretary to
receive an award under this section pursuant to
subsection (f)(4).
``(C) Not later than 3 business days prior to the
date on which the Secretary announces the award of a
grant under this section, a notification describing
each grant to be awarded, including the amount and the
recipient.
``(i) Technical Assistance.--Of the amounts made available to carry
out this section, the Secretary may reserve up to $3,000,000 to provide
technical assistance to eligible entities.
``(j) Administration.--Of the amounts made available to carry out
this section, the Secretary may reserve up to $5,000,000 for the
administrative costs of carrying out the program under this section.
``(k) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to
a public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail
component.--For any passenger or freight rail
component of a project, the requirements of
section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--
For any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy 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 ``5 years after the date of
establishment of the corridors under subsection (a),
and every 5 years thereafter'' and inserting ``180 days
after the date of enactment of the INVEST in America
Act''; and
(B) by inserting ``establish a recurring process to
regularly'' after ``the Secretary shall'';
(4) in subsection (e)--
(A) in paragraph (1) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2)--
(i) by striking ``establishes an
aspirational goal of achieving'' and inserting
``describes efforts to achieve''; and
(ii) by striking ``by the end of fiscal
year 2020.'' and inserting ``, including
progress on the implementation of subsection
(f); and''; and
(C) by adding at the end the following:
``(3) summarizes best practices and provides guidance,
developed through consultation with the Secretary of Energy,
for project development of electric vehicle charging
infrastructure to allow for the predictable deployment of such
infrastructure.''; and
(5) by adding at the end the following:
``(f) Clean Corridors Program.--
``(1) Establishment.--There is established a clean
corridors program (referred to in this subsection as the
``Program'') to provide funding to States to strategically
deploy electric vehicle charging and hydrogen fueling
infrastructure along alternative fuel corridors and to
establish an interconnected network to facilitate data
collection, access, and reliability.
``(2) Purpose.--The purpose of the Program is to provide
funding for--
``(A) the acquisition and installation of electric
vehicle charging infrastructure and hydrogen fueling
infrastructure to serve as a catalyst for the
deployment of such infrastructure and to connect it to
a network to facilitate data collection, access, and
reliability;
``(B) proper operation and maintenance of electric
vehicle charging infrastructure; and
``(C) data sharing about charging and fueling
infrastructure to ensure the long-term success of
investments made through the Program.
``(3) Alternative distribution of funds.--
``(A) Plan.--The Secretary shall establish a
deadline by which a State shall provide a plan to the
Secretary, in such form and such manner that the
Secretary requires, describing how such State intends
to use its allocation under this section.
``(B) Efficient obligation of funds.--If a State
fails to submit the plan required by subparagraph (A)
to the Secretary in a timely manner, or if the
Secretary determines a State has not taken sufficient
action to carry out its plan, the Secretary may--
``(i) withdraw from the State the funds
that were apportioned to the State for a fiscal
year under section 104(b)(10);
``(ii) award such funds on a competitive
basis to local units of government within the
State for use on projects that meet the
eligibility requirements described in paragraph
(4); and
``(iii) ensure timely obligation of such
funds.
``(C) Redistribution among states.--If the
Secretary determines that any funds withdrawn from a
State under subparagraph (B)(i) cannot be fully awarded
to local units of government within the State under
subparagraph (B)(ii) in a manner consistent with the
purpose of this subsection, any such funds remaining
under subparagraph (B)(i) shall be--
``(i) apportioned among other States
(except States for which funds for that fiscal
year have been withdrawn under subparagraph
(B)(i)) in the same ratio as funds apportioned
for that fiscal year under section
104(b)(10)(C) for the Program; and
``(ii) only available to carry out this
section.
``(4) Eligible projects.--
``(A) In general.--Funding made available under
this subsection shall be for projects--
``(i) directly related to the electric
charging or hydrogen fueling of a vehicle; and
``(ii) only for infrastructure that is open
to the general public or to authorized
commercial motor vehicle operators from more
than 1 company.
``(B) Location of infrastructure.--
``(i) In general.--Any charging or fueling
infrastructure acquired or installed with
funding under this subsection shall be located
along an alternative fuel corridor.
``(ii) Guidance.--Not later than 90 days
after the date of enactment of the INVEST in
America Act, the Secretary of Transportation,
in coordination with the Secretary of Energy,
shall develop guidance for States and
localities to strategically deploy charging and
fueling infrastructure along alternative fuel
corridors, consistent with this section.
``(iii) Additional considerations.--In
developing the guidance required under clause
(ii), the Secretary of Transportation, in
coordination with the Secretary of Energy,
shall consider--
``(I) the distance between publicly
available charging and fueling
infrastructure eligible under this
section;
``(II) connections to the electric
grid or fuel distribution system,
including electric distribution
upgrades, vehicle-to-grid integration,
including smart charge management or
other protocols that can minimize
impacts to the electric grid, and
alignment with electric distribution
interconnection processes;
``(III) plans to protect the
electric grid from added load of
charging distribution systems from
adverse impacts of changing load
patterns, including through on site
storage;
``(IV) plans for the use of
renewable energy sources to power
charging, energy storage, and hydrogen
fuel production;
``(V) the proximity of existing
off-highway travel centers, fuel
retailers, and small businesses to
electric vehicle charging
infrastructure acquired or funded under
this subsection;
``(VI) the need for publicly
available electric vehicle charging
infrastructure in rural corridors;
``(VII) the long-term operation and
maintenance of publicly available
electric vehicle charging
infrastructure to avoid stranded assets
and protect the investment of public
funds in that infrastructure;
``(VIII) existing private,
national, State, local, Tribal, and
territorial government electric vehicle
charging infrastructure programs and
incentives;
``(IX) fostering enhanced,
coordinated, public-private or private
investment in charging and fueling
infrastructure;
``(X) ensuring consumer protection
and pricing transparency; and
``(XI) 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, shall, as appropriate, develop standards and
requirements related to--
``(A) the installation, operation, or maintenance
by qualified technicians of electric vehicle charging
infrastructure under this subsection;
``(B) the physical, software, and payment
interoperability of electric vehicle charging
infrastructure under this subsection;
``(C) any traffic control device or on-premises
sign acquired, installed, or operated under this
subsection;
``(D) any data requested by the Secretary related
to a project funded under this subsection, including
the format and schedule for the submission of such
data; and
``(E) network connectivity of electric vehicle
charging that includes measures to protect personal
privacy and ensure cybersecurity.
``(7) Federal share.--The Federal share payable for the
cost of a project funded under this subsection shall be 80
percent.
``(8) Period of availability.--Notwithstanding section
118(b), funds made available for the Program shall be available
until expended.
``(9) Additional assistance grants.--For each of fiscal
years 2023 through 2026, before making an apportionment under
section 104(b)(10), the Secretary shall set aside, from amounts
made available to carry out the clean corridors program under
this subsection, $100,000,000 for grants to States or
localities that require additional assistance to strategically
deploy infrastructure eligible under this subsection along
alternative fuel corridors to fill gaps in the national
charging network, including in rural areas.
``(10) Definition of alternative fuel corridors.--In this
subsection, the term `alternative fuel corridors' means a fuel
corridor--
``(A) designated under subsection (a); or
``(B) equivalent to a fuel corridor described under
such subsection that is designated, after consultation
with any affected Indian Tribes or Tribal
organizations, by a State or group of States.''.
SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code, as
amended by this title, is further amended by inserting after section
171 the following:
``Sec. 172. Community climate innovation grants
``(a) Establishment.--The Secretary shall establish a community
climate innovation grant program (in this section referred to as the
`Program') to make grants, on a competitive basis, for locally selected
projects that reduce greenhouse gas emissions while improving the
mobility, accessibility, and connectivity of the surface transportation
system.
``(b) Purpose.--The purpose of the Program shall be to support
communities in reducing greenhouse gas emissions from the surface
transportation system.
``(c) Eligible Applicants.--The Secretary may make grants under the
Program to the following entities:
``(1) A metropolitan planning organization.
``(2) A unit of local government or a group of local
governments, or a county or multi-county special district.
``(3) A subdivision of a local government.
``(4) A transit agency.
``(5) A special purpose district with a transportation
function or a port authority.
``(6) An Indian Tribe or Tribal organization.
``(7) A territory.
``(8) A multijurisdictional group of entities described in
paragraphs (1) through (7).
``(d) Applications.--To be eligible for a grant under the Program,
an entity specified in subsection (c) shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary determines appropriate.
``(e) Eligible Projects.--The Secretary may only provide a grant
under the Program for a project that is expected to yield a significant
reduction in greenhouse gas emissions from the surface transportation
system and--
``(1) is a project eligible for assistance under this title
or under chapter 53 of title 49, or is a capital project for
vehicles and facilities, whether publicly or privately owned,
that are used to provide intercity passenger service by bus; or
``(2) is a capital project as defined in section 22906 of
title 49 to improve intercity passenger rail that will yield a
significant reduction in single occupant vehicle trips and
improve mobility on public roads.
``(f) Eligible Uses.--Grant amounts received for a project under
the Program may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
``(g) Project Prioritization.--In making grants for projects under
the Program, the Secretary shall give priority to projects that are
expected to yield the most significant reductions in greenhouse gas
emissions from the surface transportation system.
``(h) Additional Considerations.--In making grants for projects
under the Program, the Secretary shall consider the extent to which--
``(1) a project maximizes greenhouse gas reductions in a
cost-effective manner;
``(2) a project reduces dependence on single-occupant
vehicle trips or provides additional transportation options;
``(3) a project improves the connectivity and accessibility
of the surface transportation system, particularly to low- and
zero-emission forms of transportation, including public
transportation, walking, and bicycling;
``(4) an applicant has adequately considered or will
adequately consider, including through the opportunity for
public comment, the environmental justice and equity impacts of
the project;
``(5) a project contributes to geographic diversity among
grant recipients, including to achieve a balance between urban,
suburban, and rural communities;
``(6) a project serves low-income residents of low-income
communities, including areas of persistent poverty, while not
displacing such residents;
``(7) a project uses pavement materials that demonstrate
reductions in greenhouse gas emissions through sequestration or
innovative manufacturing processes;
``(8) a project repurposes neglected or underused
infrastructure, including abandoned highways, bridges,
railways, trail ways, and adjacent underused spaces, into new
hybrid forms of public space that support multiple modes of
transportation; and
``(9) a project includes regional multimodal transportation
system management and operations elements that will improve the
effectiveness of such project and encourage reduction of single
occupancy trips by providing the ability of users to plan, use,
and pay for multimodal transportation alternatives.
``(i) Funding.--
``(1) Maximum amount.--The maximum amount of a grant under
the Program shall be $25,000,000.
``(2) Technical assistance.--Of the amounts made available
to carry out the Program, the Secretary may use up to 1 percent
to provide technical assistance to applicants and potential
applicants.
``(j) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to
a public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail
component.--For any passenger or freight rail
component of a project, the requirements of
section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--
For any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy America
requirements under section 313 of this title and
sections 5320, 22905(a), and 24305(f) of title 49 to a
multimodal project under this paragraph, the Secretary
shall--
``(i) consider the various modal components
of the project; and
``(ii) seek to maximize domestic jobs.
``(k) Single-Occupancy Vehicle Highway Facilities.--None of the
funds provided under this section may be used for a project that will
result in the construction of new capacity available to single occupant
vehicles unless the project consists of a high-occupancy vehicle
facility and is consistent with section 166.
``(l) Public Comment.--Prior to issuing the notice of funding
opportunity for funding under this section for fiscal year 2023, the
Secretary, in consultation with the Administrator of the Environmental
Protection Agency, shall solicit public comment on the method of
determining the significant reduction in greenhouse gas emissions
required under subsection (e).
``(m) Consultation.--Prior to making an award under this section in
a given fiscal year, the Secretary shall consult with the Administrator
of the Environmental Protection Agency to determine which projects are
expected to yield a significant reduction in greenhouse gas emissions
as required under subsection (e).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 171 the following:
``172. Community climate innovation grants.''.
SEC. 1305. METRO PERFORMANCE PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a metro performance program in accordance with this section to enhance
local decision making and provide enhanced local control in
transportation project delivery.
(b) Direct Recipient Designation.--
(1) In general.--The Secretary shall designate high-
performing metropolitan planning organizations based on the
criteria in paragraph (3) to be direct recipients of funds
under this section.
(2) Authority.--Nothing in this section shall be construed
to prohibit a direct recipient from taking any action otherwise
authorized to secure and expend Federal funds authorized under
chapter 1 of title 23, United States Code.
(3) Criteria.--In designating an applicant under this
subsection, the Secretary shall consider--
(A) the legal, financial, and technical capacity of
the applicant;
(B) the level of coordination between the applicant
and--
(i) the State department of transportation
of the State or States in which the
metropolitan planning area represented by the
applicant is located;
(ii) local governments and providers of
public transportation within the metropolitan
planning area represented by the applicant; and
(iii) if more than one metropolitan
planning organization is designated within an
urbanized area represented by the applicant,
any other such metropolitan planning
organization;
(C) in the case of an applicant that represents an
urbanized area population of greater than 200,000, the
effectiveness of project delivery and timely obligation
of funds made available under section 133(d)(1)(A)(i)
of title 23, United States Code;
(D) if the applicant or a local government within
the metropolitan planning area that the applicant
represents has been the recipient of a discretionary
grant from the Secretary within the preceding 5 years,
the administration of such grant;
(E) the extent to which the planning and decision
making process of the applicant, including the long-
range transportation plan and the approved
transportation improvement program under section 134 of
such title, support--
(i) the performance goals established under
section 150(b) of such title; and
(ii) the achievement of metropolitan or
statewide performance targets established under
section 150(d) of such title;
(F) whether the applicant is a designated recipient
of funds as described under subparagraphs (A) and (B)
of section 5302(4) of title 49, United States Code, or
a direct recipient of funds under section 5307 of such
title from the Federal Transit Administration; and
(G) any other criteria established by the
Secretary.
(4) Requirements.--
(A) Call for nomination.--Not later than February
1, 2022, the Secretary shall publish in the Federal
Register a notice soliciting applications for
designation under this subsection.
(B) Guidance.--The notification under paragraph (1)
shall include guidance on the requirements and
responsibilities of a direct recipient under this
section, including implementing regulations.
(C) Determination.--The Secretary shall make all
designations under this section for fiscal year 2023
not later than June 1, 2022.
(5) Term.--Except as provided in paragraph (6), a
designation under this subsection shall--
(A) be for a period of not less than 5 years; and
(B) be renewable.
(6) Termination.--
(A) In general.--The Secretary shall establish
procedures for the termination of a designation under
this subsection.
(B) Considerations.--In establishing procedures
under subparagraph (A), the Secretary shall consider--
(i) with respect to projects carried out
under this section, compliance with the
requirements of title 23, United States Code,
or chapter 53 of title 49, United States Code;
and
(ii) the obligation rate of any funds--
(I) made available under this
section; and
(II) in the case of a metropolitan
planning organization that represents a
metropolitan planning area with an
urbanized area population of greater
than 200,000, made available under
section 133(d)(1)(A)(i) of title 23,
United States Code.
(c) Use of Funds.--
(1) Eligible projects.--Funds made available under this
section may be obligated for the purposes described in section
133(b) of title 23, United States Code.
(2) Administrative expenses and technical assistance.--Of
the amounts made available under this section, the Secretary
may set aside not more than $5,000,000 for program management,
oversight, and technical assistance to direct recipients.
(d) Responsibilities of Direct Recipients.--
(1) Direct availability of funds.--Notwithstanding title
23, United States Code, the amounts made available under this
section shall be allocated to each direct recipient for
obligation.
(2) Distribution of amounts among direct recipients.--
(A) In general.--Subject to subparagraph (B), on
the first day of the fiscal year for which funds are
made available under this section, the Secretary shall
allocate such funds to each direct recipient as the
proportion of the population (as determined by data
collected by the Bureau of the Census) of the urbanized
area represented by any 1 direct recipient bears to the
total population of all of urbanized areas represented
by all direct recipients.
(B) Minimum and maximum amounts.--Of funds
allocated to direct recipients under subparagraph (A),
each direct recipient shall receive not less than
$10,000,000 and not more than $50,000,000 each fiscal
year.
(C) Minimum guaranteed amount.--In making a
determination whether to designate a metropolitan
planning organization as a direct recipient under
subsection (b), the Secretary shall ensure that each
direct recipient receives the minimum required
allocation under subparagraph (B).
(D) Additional amounts.--If any amounts remain
undistributed after the distribution described in this
subsection, such remaining amounts and an associated
amount of obligation limitation shall be made available
as if suballocated under clauses (i) and (ii) of
section 133(d)(1)(A) of title 23, United States Code,
and distributed among the States in the proportion that
the relative shares of the population (as determined by
data collected by the Bureau of the Census) of the
urbanized areas of each State bears to the total
populations of all urbanized areas across all States.
(3) Project delivery.--
(A) In general.--For 1 or more projects carried out
with funds provided under this section, the direct
recipient may, consistent with the agreement entered
into with the Secretary under this paragraph, assume
the Federal-aid highway project approval and oversight
responsibilities vested in the State department of
transportation under section 106 of title 23, United
States Code.
(B) Partnership.--The direct recipient may partner
with a State, unit of local government, regional
entity, or transit agency to carry out a project under
this section.
(C) Procedural, legal, and substantive
requirements.--A direct recipient entering into an
agreement with the Secretary under this section shall
assume responsibility for compliance with all
procedural and substantive requirements as would apply
if that responsibility were carried out by a State,
unless the direct recipient or the Secretary determines
that such assumption of responsibility for 1 or more of
the procedural and substantive requirements is not
appropriate.
(D) Written agreement.--The Secretary and the
direct recipient shall enter into an agreement in
writing relating to the extent to which the direct
recipient assumes the responsibilities of the Secretary
under this paragraph. Such agreement shall be developed
in consultation with the State.
(E) Use of funds.--The direct recipient may use
amounts made available under this section for costs
incurred in implementing this paragraph and to
compensate a State, unit of local government, or
transit agency for costs incurred in providing
assistance under this paragraph.
(F) Limitations.--The direct recipient may not
assume responsibilities described in subparagraph (A)
for any project that the Secretary determines to be in
a high-risk category, including projects on the
National Highway System.
(e) Expenditure of Funds.--
(1) Consistency with metropolitan planning.--Except as
otherwise provided in this section, programming and expenditure
of funds for projects under this section shall be consistent
with the requirements of section 134 of title 23, United States
Code, and section 5303 of title 49, United States Code.
(2) Selection of projects.--
(A) In general.--Notwithstanding subsections (j)(5)
and (k)(4) of section 134 of title 23, United States
Code, or subsections (j)(5) and (k)(4) of section 5303
of title 49, United States Code, a direct recipient
shall select, from the approved transportation
improvement program under such sections, all projects
to be funded under this section, including projects on
the National Highway System.
(B) Eligible projects.--The project selection
process described in this subsection shall apply to all
federally funded projects within the boundaries of a
metropolitan planning area served by a direct recipient
that are carried out under this section.
(C) Consultation required.--In selecting a project
under this subsection, the metropolitan planning
organization shall consult with--
(i) in the case of a highway project, the
State and locality in which such project is
located; and
(ii) in the case of a transit project, any
affected public transportation operator.
(3) Rule of construction.--Nothing in this section shall be
construed to limit the ability of a direct recipient to partner
with a State department of transportation or other recipient of
Federal funds under title 23, United States Code, or chapter 53
of title 49, United States Code, to carry out a project.
(f) Treatment of Funds.--
(1) In general.--Except as provided in this section, funds
made available to carry out this section shall be administered
as if apportioned under chapter 1 of title 23, United States
Code.
(2) Federal share.--The Federal share of the cost of a
project carried out under this section shall be determined in
accordance with section 120 of title 23, United States Code.
(g) Report.--
(1) Direct recipient report.--Not later than 60 days after
the end of each fiscal year, each direct recipient shall submit
to the Secretary a report that includes--
(A) a list of projects funded with amounts provided
under this section;
(B) a description of any obstacles to complete
projects or timely obligation of funds; and
(C) recommendations to improve the effectiveness of
the program under this section.
(2) Report to congress.--Not later than October 1, 2024,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that--
(A) summarizes the findings of each direct
recipient provided under paragraph (1);
(B) describes the efforts undertaken by both direct
recipients and the Secretary to ensure compliance with
the requirements of title 23 and chapter 53 of title
49, United States Code;
(C) analyzes the capacity of direct recipients to
receive direct allocations of funds under chapter 1 of
title 23, United States Code; and
(D) provides recommendations from the Secretary
to--
(i) improve the administration, oversight,
and performance of the program established
under this section;
(ii) improve the effectiveness of direct
recipients to complete projects and obligate
funds in a timely manner; and
(iii) evaluate options to expand the
authority provided under this section,
including to allow for the direct allocation to
metropolitan planning organizations of funds
made available to carry out clause (i) or (ii)
of section 133(d)(1)(A) of title 23, United
States Code.
(3) Update.--Not less frequently than every 2 years, the
Secretary shall update the report described in paragraph (2).
(h) Definitions.--
(1) Direct recipient.--In this section, the term ``direct
recipient'' means a metropolitan planning organization
designated by the Secretary as high-performing under subsection
(b) and that was directly allocated funds as described in
subsection (d).
(2) Metropolitan planning area.--The term ``metropolitan
planning area'' has the meaning given such term in section 134
of title 23, United States Code.
(3) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
such term in section 134 of title 23, United States Code.
(4) National highway system.--The term ``National Highway
System'' has the meaning given such term in section 101 of
title 23, United States Code.
(5) State.--The term ``State'' has the meaning given such
term in section 101 of title 23, United States Code.
(6) Urbanized area.--The term ``urbanized area'' has the
meaning given such term in section 134 of title 23, United
States Code.
SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a gridlock reduction program to make grants, on a competitive basis,
for projects to reduce, and mitigate the adverse impacts of, traffic
congestion.
(b) Applications.--To be eligible for a grant under this section,
an applicant shall submit to the Secretary an application in such form,
at such time, and containing such information as the Secretary
determines appropriate.
(c) Eligible Applicants.--The Secretary may make grants under this
section to an applicant that is serving a combined statistical area, as
defined by the Office of Management and Budget, with a population of
not less than 1,300,000 and that is--
(1) a metropolitan planning organization;
(2) a unit of local government or a group of local
governments;
(3) a multijurisdictional group of entities described in
paragraphs (1) and (2);
(4) a special purpose district or public authority with a
transportation function, including a port authority; or
(5) a State that is in partnership with an entity or group
of entities described in paragraph (1), (2), or (3).
(d) Eligible Projects.--The Secretary may award grants under this
section to applicants that submit a comprehensive program of surface
transportation-related projects to reduce traffic congestion and
related adverse impacts, including a project for one or more of the
following:
(1) Transportation systems management and operations.
(2) Intelligent transportation systems.
(3) Real-time traveler information.
(4) Traffic incident management.
(5) Active traffic management.
(6) Traffic signal timing.
(7) Multimodal travel payment systems.
(8) Transportation demand management, including employer-
based commuting programs such as carpool, vanpool, transit
benefit, parking cashout, shuttle, or telework programs.
(9) A project to provide transportation options to reduce
traffic congestion, including--
(A) a project under chapter 53 of title 49, United
States Code;
(B) a bicycle or pedestrian project, including a
project to provide safe and connected active
transportation networks; and
(C) a surface transportation project carried out in
accordance with the national travel and tourism
infrastructure strategic plan under section 1431(e) of
the FAST Act (49 U.S.C. 301 note).
(10) Any other project, as determined appropriate by the
Secretary.
(e) Award Prioritization.--
(1) In general.--In selecting grants under this section,
the Secretary shall prioritize applicants serving urbanized
areas, as described in subsection (c), that are experiencing a
high degree of recurrent transportation congestion, as
determined by the Secretary.
(2) Additional considerations.--In selecting grants under
this section, the Secretary shall also consider the extent to
which the project would--
(A) reduce traffic congestion and improve the
reliability of the surface transportation system;
(B) mitigate the adverse impacts of traffic
congestion on the surface transportation system,
including safety and environmental impacts;
(C) maximize the use of existing capacity; and
(D) employ innovative, integrated, and multimodal
solutions to the items described in subparagraphs (A),
(B), and (C).
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a project
carried out under this section may not exceed 60 percent.
(2) Maximum federal share.--Federal assistance other than a
grant for a project under this section may be used to satisfy
the non-Federal share of the cost of such project, except that
the total Federal assistance provided for a project receiving a
grant under this section may not exceed 80 percent of the total
project cost.
(g) Use of Funds.--Funds made available for a project under this
section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
(h) Funding.--
(1) Grant amount.--A grant under this section shall be in
an amount not less than $10,000,000 and not more than
$50,000,000.
(2) Availability.--Funds made available under this program
shall be available until expended.
(i) Freight Project Set-Aside.--
(1) In general.--The Secretary shall set aside not less
than 50 percent of the funds made available to carry out this
section for grants for freight projects under this subsection.
(2) Eligible uses.--The Secretary shall provide funds set
aside under this subsection to applicants that submit a
comprehensive program of surface transportation-related
projects to reduce freight-related traffic congestion and
related adverse impacts, including--
(A) freight intelligent transportation systems;
(B) real-time freight parking information;
(C) real-time freight routing information;
(D) freight transportation and delivery safety
projects;
(E) first-mile and last-mile delivery solutions;
(F) shifting freight delivery to off-peak travel
times;
(G) reducing greenhouse gas emissions and air
pollution from freight transportation and delivery,
including through the use of innovative vehicles that
produce fewer greenhouse gas emissions;
(H) use of centralized delivery locations;
(I) designated freight vehicle parking and staging
areas;
(J) curb space management; and
(K) other projects, as determined appropriate by
the Secretary.
(3) Award prioritization.--
(A) In general.--In providing funds set aside under
this section, the Secretary shall prioritize applicants
serving urbanized areas, as described in subsection
(c), that are experiencing a high degree of recurrent
congestion due to freight transportation, as determined
by the Secretary.
(B) Additional considerations.--In providing funds
set aside under this subsection, the Secretary shall
consider the extent to which the proposed project--
(i) reduces freight-related traffic
congestion and improves the reliability of the
freight transportation system;
(ii) mitigates the adverse impacts of
freight-related traffic congestion on the
surface transportation system, including safety
and environmental impacts;
(iii) maximizes the use of existing
capacity;
(iv) employs innovative, integrated, and
multimodal solutions to the items described in
clauses (i) through (iii);
(v) leverages Federal funds with non-
Federal contributions; and
(vi) integrates regional multimodal
transportation management and operational
projects that address both passenger and
freight congestion.
(4) Flexibility.--If the Secretary determines that there
are insufficient qualified applicants to use the funds set
aside under this subsection, the Secretary may use such funds
for grants for any projects eligible under this section.
(j) Report.--
(1) Recipient report.--The Secretary shall ensure that not
later than 2 years after the Secretary awards grants under this
section, the recipient of each such grant submits to the
Secretary a report that contains--
(A) information on each activity or project that
received funding under this section;
(B) a summary of any non-Federal resources
leveraged by a grant under this section;
(C) any statistics, measurements, or quantitative
assessments that demonstrate the congestion reduction,
reliability, safety, and environmental benefits
achieved through activities or projects that received
funding under this section; and
(D) any additional information required by the
Secretary.
(2) Report to congress.--Not later than 9 months after the
date specified in paragraph (1), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works, the Committee on Commerce, Science, and Transportation,
and the Committee on Banking, Housing, and Urban Affairs of the
Senate, and make publicly available on a website, a report
detailing--
(A) a summary of any information provided under
paragraph (1); and
(B) recommendations and best practices to--
(i) reduce traffic congestion, including
freight-related traffic congestion, and improve
the reliability of the surface transportation
system;
(ii) mitigate the adverse impacts of
traffic congestion, including freight-related
traffic congestion, on the surface
transportation system, including safety and
environmental impacts; and
(iii) employ innovative, integrated, and
multimodal solutions to the items described in
clauses (i) and (ii).
(k) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works, the Committee on
Commerce, Science, and Transportation, and the Committee on Banking,
Housing, and Urban Affairs of the Senate of the intention to award such
a grant.
(l) Treatment of Projects.--
(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
(A) the requirements of title 23, United States
Code, to a highway project;
(B) the requirements of chapter 53 of title 49,
United States Code, to a public transportation project;
and
(C) the requirements of section 22905 of title 49,
United States Code, to a passenger rail or freight rail
project.
(2) Multimodal projects.--
(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
(i) determine the predominant modal
component of the project; and
(ii) apply the applicable requirements of
such predominant modal component to the
project.
(B) Exceptions.--
(i) Passenger or freight rail component.--
For any passenger or freight rail component of
a project, the requirements of section
22907(j)(2) of title 49, United States Code,
shall apply.
(ii) Public transportation component.--For
any public transportation component of a
project, the requirements of section 5333 of
title 49, United States Code, shall apply.
(C) Buy america.--In applying the Buy America
requirements under section 313 of title 23, United
States Code, and sections 5320, 22905(a), and 24305(f)
of title 49, United States Code, to a multimodal
project under this paragraph, the Secretary shall--
(i) consider the various modal components
of the project; and
(ii) seek to maximize domestic jobs.
(m) Treatment of Funds.--Except as provided in subsection (l),
funds authorized for the purposes described in this section shall be
available for obligation in the same manner as if the funds were
apportioned under chapter 1 of title 23, United States Code.
SEC. 1307. REBUILD RURAL BRIDGES PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a rebuild rural bridges program to improve the safety and state of good
repair of bridges in rural communities.
(b) Grant Authority.--In carrying out the program established in
subsection (a), the Secretary shall make grants, on a competitive
basis, to eligible applicants in accordance with this section.
(c) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
determines appropriate.
(d) Eligible Projects.--The Secretary--
(1) shall provide grants under this section to projects
eligible under title 23, United States Code, including projects
on and off of the Federal-aid highway system, to inspect,
replace, rehabilitate, or preserve--
(A) an off-system bridge;
(B) a bridge on Tribal land; or
(C) a bridge in poor condition located in a rural
community; and
(2) may provide a grant for a bundle of bridges described
in paragraph (1).
(e) Eligible Project Costs.--A recipient of a grant under this
section may use such grant for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities;
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, and construction contingencies; and
(3) bridge inspection, evaluation, and preservation.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a project
carried out using a grant under this section may not exceed 80
percent of the total cost of such project.
(2) Maximum federal assistance.--Federal assistance other
than a grant under this section may be used to satisfy up to
100 percent of the total cost of such project.
(g) Considerations.--In making grants under this section, the
Secretary shall consider--
(1) whether the project can be completed without additional
Federal funding or financial assistance available to the
project sponsor, beyond existing Federal apportionments; and
(2) the level of benefits the project is expected to
generate, including--
(A) the costs avoided by the prevention of closure
or reduced use of the asset to be improved by the
project;
(B) reductions in maintenance costs over the life
of the asset;
(C) safety benefits, including the reduction of
accidents and related costs; and
(D) benefits to the economy of the rural or Tribal
community.
(h) Investments in Colonias.--
(1) In general.--Of the grants made available under this
section, not less than $10,000,000 for fiscal years 2023
through 2026 shall be made available to provide grants that
improve the safety, state of good repair, or connectivity
through bridge investments in and providing access to,
colonias.
(2) Colonia defined.--In this section, the term ``colonia''
means any identifiable community that--
(A) is in the State of Arizona, California, New
Mexico, or Texas;
(B) is in the area of the United States within 150
miles of the border between the United States and
Mexico, except that the term does not include any
standard metropolitan statistical area that has a
population exceeding 1,000,000;
(C) is determined to be a colonia on the basis of
objective criteria, including lack of potable water
supply, lack of adequate sewage systems, and lack of
decent, safe, and sanitary housing; and
(D) was in existence as a colonia before November
28, 1990.
(i) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate of the
intention to award such a grant.
(j) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State;
(B) a metropolitan planning organization or a
regional transportation planning organization;
(C) a unit of local government;
(D) a Federal land management agency;
(E) an Indian Tribe or Tribal organization;
(F) a territory; and
(G) a multijurisdictional group of entities
described in subparagraph (A) through (F).
(2) Off system bridge.--The term ``off-system bridge'' has
the meaning given such term in section 133(f) of title 23,
United States Code, (as added by this Act).
(3) Rural community.--The term ``rural community'' means an
area that is not an urbanized area, as such term is defined in
section 101(a) of title 23, United States Code.
SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.
(a) Establishment.--The Secretary of Transportation shall establish
a program under which the Secretary shall make grants, on a competitive
basis, to eligible entities to address the shortage of parking for
commercial motor vehicles to improve the safety of commercial motor
vehicle operators.
(b) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
may require.
(c) Eligible Projects.--Projects eligible under this section are
projects that--
(1) construct safety rest areas that include parking for
commercial motor vehicles;
(2) construct commercial motor vehicle parking facilities--
(A) adjacent to private commercial truckstops and
travel plazas;
(B) within the boundaries of, or adjacent to, a
publicly owned freight facility, including a port
terminal operated by a public authority; and
(C) at existing facilities, including inspection
and weigh stations and park-and-ride locations;
(3) open existing weigh stations, safety rest areas, and
park-and-ride facilities to commercial motor vehicle parking;
(4) facilitate access to publicly and privately provided
commercial motor vehicle parking, such as through the use of
intelligent transportation systems;
(5) construct turnouts along a Federal-aid highway for
commercial motor vehicles;
(6) make capital improvements to public commercial motor
vehicle parking facilities that are closed on a seasonal basis
to allow the facilities to remain open year-round;
(7) open existing commercial motor vehicle chain-up areas
that are closed on a seasonal basis to allow the facilities to
remain open year-round for commercial motor vehicle parking;
(8) address commercial motor vehicle parking and layover
needs in emergencies that strain the capacity of existing
publicly and privately provided commercial motor vehicle
parking; and
(9) make improvements to existing commercial motor vehicle
parking facilities, including advanced truckstop
electrification systems.
(d) Use of Funds.--
(1) In general.--An eligible entity may use a grant under
this section for--
(A) development phase activities, including
planning, feasibility analysis, benefit-cost analysis,
environmental review, preliminary engineering and
design work, and other preconstruction activities
necessary to advance a project described in subsection
(c); and
(B) construction and operational improvements, as
such terms are defined in section 101 of title 23,
United States Code.
(2) Private sector participation.--An eligible entity that
receives a grant under this section may partner with a private
entity to carry out an eligible project under this section.
(3) Limitation.--Not more than 10 percent of the amounts
made available to carry out this section may be used to promote
the availability of existing commercial motor vehicle parking.
(e) Selection Criteria.--In making grants under this section, the
Secretary shall consider--
(1) in the case of construction of new commercial motor
vehicle parking capacity, the shortage of public and private
commercial motor vehicle parking near the project; and
(2) the extent to which each project--
(A) would increase commercial motor vehicle parking
capacity or utilization;
(B) would facilitate the efficient movement of
freight;
(C) would improve safety, traffic congestion, and
air quality;
(D) is cost effective; and
(E) reflects consultation with motor carriers,
commercial motor vehicle operators, and private
providers of commercial motor vehicle parking.
(f) Notification of Congress.--Not later than 3 business days
before announcing a project selected to receive a grant under this
section, the Secretary of Transportation shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate of the
intention to award such a grant.
(g) Federal Share.--The Federal share of the cost of a project
under this section shall be determined in accordance with subsections
(b) and (c) of section 120 of title 23, United States Code.
(h) Prohibition on Charging Fees.--To be eligible for a grant under
this section, an eligible entity shall certify that no fees will be
charged for the use of a project assisted with such grant.
(i) Amendment to MAP-21.--Section 1401(c)(1) of MAP-21 (23 U.S.C.
137 note) is amended--
(1) by inserting ``and private providers of commercial
motor vehicle parking'' after ``personnel''; and
(2) in subparagraph (A) by striking ``the capability of the
State to provide'' and inserting ``the availability of''.
(j) Survey; Comparative Assessment; Report.--
(1) Update.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall update the survey of
each State required under section 1401(c)(1) of the MAP-21 (23
U.S.C. 137 note).
(2) Report.--Not later than 1 year after the deadline under
paragraph (1), the Secretary shall publish on the website of
the Department of Transportation a report that--
(A) evaluates the availability of adequate parking
and rest facilities for commercial motor vehicles
engaged in interstate transportation;
(B) evaluates the effectiveness of the projects
funded under this section in improving access to
commercial motor vehicle parking; and
(C) reports on the progress being made to provide
adequate commercial motor vehicle parking facilities in
the State.
(3) Consultation.--The Secretary shall prepare the report
required under paragraph (2) in consultation with--
(A) relevant State motor carrier safety personnel;
(B) motor carriers and commercial motor vehicle
operators; and
(C) private providers of commercial motor vehicle
parking.
(k) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31132 of
title 49, United States Code.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a political subdivision of a State or local
government carrying out responsibilities relating to
commercial motor vehicle parking; and
(E) a multistate or multijurisdictional group of
entities described in subparagraphs (A) through (D).
(3) Safety rest area.--The term ``safety rest area'' has
the meaning given such term in section 120(c) of title 23,
United States Code.
SEC. 1309. ACTIVE CONNECTED TRANSPORTATION GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
an active connected transportation grant program to provide for safe
and connected active transportation networks and active transportation
connectors.
(b) Grant Authority.--In carrying out the program established in
subsection (a), the Secretary shall make grants, on a competitive
basis, in accordance with this section.
(c) Eligible Applicants.--The Secretary may make a grant under this
section to--
(1) a State;
(2) a metropolitan planning organization;
(3) a regional transportation authority;
(4) a unit of local government, including a county or
multi-county special district;
(5) a Federal land management agency;
(6) a natural resource or public land agency;
(7) an Indian Tribe or Tribal organization;
(8) any local or regional governmental entity with
responsibility for or oversight of transportation or
recreational trails; and
(9) a multistate or multijurisdictional group of entities
described in this subsection.
(d) Applications.--To be eligible for a grant under this section,
an entity specified under subsection (c) shall submit to the Secretary
an application in such form, at such time, and containing such
information as the Secretary determines appropriate.
(e) Eligible Projects.--The Secretary shall provide grants under
this section to projects that improve the connectivity and the use of
active transportation facilities--
(1) including--
(A) active transportation networks;
(B) active transportation connectors; and
(C) planning related to the development of--
(i) active transportation networks;
(ii) active transportation connectors; and
(iii) vision zero plans or complete streets
prioritization plans under section 1601; and
(2) that have--
(A) total project costs of not less than
$15,000,000; or
(B) in the case of planning grants under subsection
(f)(2), a total cost of not less than $100,000.
(f) Use of Funds.--
(1) In general.--Of the amounts made available to carry out
this section for fiscal years 2023 through 2026 and except as
provided in paragraph (2), the Secretary shall obligate--
(A) not less than 30 percent to eligible projects
that construct active transportation networks; and
(B) not less than 30 percent to eligible projects
that construct active transportation connectors.
(2) Planning grants.--Of the amounts made available to
carry out this section for fiscal years 2023 through 2026, the
Secretary may use not more than 10 percent to provide planning
grants to eligible applicants for activities under subsection
(e)(1)(C).
(g) Considerations.--In making grants under this section, the
Secretary shall consider the extent to which--
(1) a project is likely to provide substantial additional
opportunities for active transportation, including walking and
bicycling, including through the creation of--
(A) active transportation networks connecting
destinations within or between communities, including
between schools, workplaces, residences, businesses,
recreation areas, and other community areas; and
(B) active transportation connectors connecting 2
or more communities, metropolitan areas, or States,
including greenway paths;
(2) an applicant has adequately considered or will
consider, including through the opportunity for public comment,
the environmental justice and equity impacts of the project;
(3) the project would improve safety for vulnerable road
users, including through the use of complete street design
policies or a safe system approach; and
(4) a project integrates active transportation facilities
with public transportation services, where available, to
improve access to public transportation.
(h) Limitation.--
(1) In general.--The share of the cost of a project
assisted with a grant under this section may not exceed 80
percent.
(2) Maximum federal assistance.--Federal assistance other
than a grant under this section may be used to satisfy up to
100 percent of the total project cost.
(i) Eligible Project Costs.--Amounts made available for a project
under this section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
(j) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary of Transportation shall notify
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate of the intention to award such a grant.
(k) Definitions.--In this section:
(1) Active transportation network.--The term ``active
transportation network'' means facilities built for alternative
methods of transportation to motor vehicles for individuals,
including sidewalks, bikeways, and pedestrian and bicycle
trails, that connect destinations within an area covered by a
unit of local government, a county, a community, including a
community on Federal lands, or a metropolitan area.
(2) Active transportation connector.--The term ``active
transportation connector'' means facilities built for
alternative methods of transportation to motor vehicles for
individuals, including sidewalks, bikeways, and pedestrian and
bicycle trails, that connect 2 or more active transportation
networks or connect communities, areas covered by a unit of
local government, counties, metropolitan areas, Federal lands,
or States.
(3) Greenway path.--The term ``greenway path'' means an
active transportation connector that--
(A) crosses jurisdictional boundaries, including
State lines, and provides for connectivity between
multiple communities, counties, metropolitan areas, or
States; or
(B) is a component of a regionally or nationally
significant network.
(4) Safe system approach.--The term ``safe system
approach'' has the meaning given such term in section 148(a) of
title 23, United States Code.
(5) Vulnerable road user.--The term ``vulnerable road
user'' has the meaning given such term in section 148(a) of
title 23, United States Code.
SEC. 1310. WILDLIFE CROSSINGS PROGRAM.
(a) Establishment.--The Secretary shall establish a competitive
wildlife crossings grant program (referred to in this section as the
``program'') to provide grants for projects that seek to achieve--
(1) a reduction in the number of wildlife-vehicle
collisions; and
(2) improved habitat connectivity for terrestrial and
aquatic species.
(b) Eligible Entities.--The Secretary may make grants under the
program to the following entities:
(1) A State.
(2) An Indian Tribe or Tribal organization.
(3) A territory.
(4) A Federal land management agency described in section
203(b) of title 23, United States Code.
(5) A group of entities described in paragraphs (1) through
(4).
(c) Applications.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(d) Considerations.--In selecting grant recipients under the
program, the Secretary shall consider the following:
(1) Primary criteria.--The extent to which the proposed
project is likely to protect motorists and wildlife by reducing
the number of wildlife-vehicle collisions and improve habitat
connectivity for terrestrial and aquatic species.
(2) Secondary criteria.--
(A) The resilience benefits of the project.
(B) The extent to which the project incorporates
climate science, including expected changes in
migration patterns.
(C) The extent to which the project sponsor has
coordinated with the relevant State agency with
jurisdiction over fish and wildlife, if appropriate.
(D) In the case of a project involving species
listed as threatened species or endangered species
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), whether the project sponsor has
coordinated with the United States Fish and Wildlife
Service.
(E) Other ecological benefits of the project,
including--
(i) reductions in stormwater runoff and
other water pollution; and
(ii) the benefits of improved habitat
connectivity for pollinators and the use of
natively appropriate grasses.
(F) Whether the project supports local economic
development and improvement of visitation
opportunities.
(G) The extent to which the project incorporates
innovative technologies, including advanced design
techniques and other strategies to enhance efficiency
and effectiveness in reducing wildlife-vehicle
collisions and improving habitat connectivity for
terrestrial and aquatic species.
(H) The extent to which the project provides
educational and outreach opportunities.
(I) Whether the project will further research to
evaluate, compare effectiveness of, and identify best
practices in selected projects.
(J) How the benefits compare to the costs of the
project.
(K) Any other criteria relevant to reducing the
number of wildlife-vehicle collisions and improving
habitat connectivity for terrestrial and aquatic
species, as the Secretary determines to be appropriate.
(e) Eligible Project Costs.--Grant amounts for a project under this
section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities;
(2) construction (including construction of protective
features), reconstruction, rehabilitation, acquisition of real
property (including land related to the project and
improvements to the land), environmental mitigation,
construction contingencies, acquisition of equipment, and
operational improvements; and
(3) planning and technical assistance activities consistent
with section 5107 of title 49, United States Code, including--
(A) data collection on wildlife-vehicle collisions;
(B) integration of State, Tribal, territorial,
regional, or Federal wildlife conservation plans and
data collection with transportation planning and
project selection;
(C) technical assistance, including workforce
development training, on reducing wildlife-vehicle
collisions and improving habitat connectivity for
terrestrial and aquatic species; and
(D) education and public outreach to reduce
wildlife-vehicle collisions.
(f) Partnerships.--
(1) In general.--A grant received under the program may be
used to provide funds to an eligible partner as a subrecipient,
in accordance with the terms of the project agreement and
subject to the requirements of this section.
(2) Eligible partner defined.--In this section, the term
``eligible partner'' means--
(A) an eligible entity described in subsection (b);
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a regional transportation authority;
(E) a special purpose district or public authority
with a transportation function, including a port
authority;
(F) a non-profit entity or institution of higher
education; or
(G) a Federal, Tribal, regional, State, or local
governmental entity not described in subsection (b).
(g) Requirements.--
(1) Rural projects.--The Secretary shall reserve not less
than 50 percent of the amounts made available under this
section for projects located in a rural community.
(2) Resilience.--A project under this section shall be
designed to ensure resilience over the anticipated service life
of the asset.
(3) Limitation.--The Secretary may not award more than 10
percent of the amounts made available under this section for
grants that propose only activities described in subsection
(e)(3).
(h) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate of the
intention to award such a grant.
(i) Annual Report.--
(1) In general.--Not later than December 31 of each
calendar year, the Secretary shall publish, on the website of
the Department of Transportation, a report describing the
activities under the program for the fiscal year that ends
during that calendar year.
(2) Contents.--The report under paragraph (1) shall
include--
(A) a detailed description of the activities
carried out under the program;
(B) an evaluation of the effectiveness of the
program in meeting the purposes described in subsection
(b); and
(C) policy recommendations, if any, to improve the
effectiveness of the program.
(j) Definitions.--In this section:
(1) Protective features.--The term ``protective features''
has the meaning given such term in section 101 of title 23,
United States Code.
(2) Resilience.--The term ``resilience'' has the meaning
given that term in section 101 of title 23, United States Code.
(3) Rural community.--The term ``rural community'' means
any area of a State or territory that is not an urbanized area,
as such term is defined in section 101 of title 23, United
States Code.
(4) Secretary.--The term ``Secretary'' has the meaning
given such term in section 101 of title 23, United States Code.
(5) State.--The term ``State'' has the meaning given such
term in section 101 of title 23, United States Code.
SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a reconnecting neighborhoods program under which an eligible entity may
apply for funding in order to identify, remove, replace, retrofit, or
remediate the effects from eligible facilities and restore or improve
connectivity, mobility, and access in disadvantaged and underserved
communities, including--
(1) studying the feasibility and impacts of removing,
retrofitting, or remediating the effects on community
connectivity from an existing eligible facility;
(2) conducting preliminary engineering and final design
activities for a project to remove, retrofit, or remediate the
effects on community connectivity from an existing eligible
facility; and
(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.
(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) Nonprofits.--An eligible entity may enter into an
agreement with a nonprofit organization to carry out the
eligible activities under this section.
(c) Planning Grants.--
(1) In general.--The Secretary may award grants (referred
to in this section as a ``planning grants'') to carry out
planning activities described in paragraph (2).
(2) Eligible activities described.--The planning activities
referred to in paragraph (1) are--
(A) planning studies to evaluate the feasibility of
removing, retrofitting, or remediating an existing
eligible facility to restore community connectivity,
including evaluations of--
(i) current traffic patterns on the
eligible facility proposed for removal,
retrofit, or remediation and the surrounding
street network;
(ii) the capacity of existing
transportation networks to maintain mobility
needs;
(iii) an analysis of alternative roadway
designs or other uses for the right-of-way of
the eligible facility, including an analysis of
whether the available right-of-way would
suffice to create an alternative roadway
design;
(iv) the effect of the removal, retrofit,
or remediation of the eligible facility on the
mobility of freight and people;
(v) the effect of the removal, retrofit, or
remediation of the eligible facility on the
safety of the traveling public;
(vi) the cost to remove, retrofit, or
remediate the eligible facility--
(I) to restore community
connectivity; and
(II) to convert the eligible
facility to a roadway design or use
that increases safety, mobility, and
access for all users, compared to any
expected costs for necessary
maintenance or reconstruction of the
eligible facility; and
(vii) the environmental impacts of
retaining or reconstructing the eligible
facility and the anticipated effect of the
proposed alternative use or roadway design;
(B) public engagement activities to provide
opportunities for public input into a plan to remove,
replace, retrofit, or remediate the effects from an
eligible facility;
(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 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; and
(ii) technical assistance under paragraph
(3); 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.
(7) Priorities.--In selecting recipients of planning grants
and technical assistance under this subsection, the Secretary
shall give priority to an application from a community that is
economically disadvantaged, including 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).
(d) Capital Construction Grants.--
(1) Eligible entities.--The Secretary may award grants
(referred to in this section as a ``capital construction
grants'') to eligible entities to carry out eligible projects
described in paragraph (3).
(2) Partnerships.--In the case that the owner of an
eligible facility that is the subject of the capital
construction grant is not an eligible entity, an eligible
entity shall demonstrate the existence of a partnership with
the owner of the eligible facility.
(3) Eligible projects.--A project eligible to be carried
out with a capital construction grant includes the following:
(A) The removal, retrofit, or remediation of the
effects on community connectivity from of an eligible
facility.
(B) The replacement of an eligible facility with a
new facility that--
(i) restores community connectivity;
(ii) employs context sensitive solutions
appropriate for the surrounding community; and
(iii) is otherwise eligible for funding
under title 23, United States Code.
(C) Support for community partnerships, including a
community advisory board described under paragraph (7),
in connection with a capital construction grant awarded
under this subsection.
(D) Other activities required to remove, replace,
retrofit, or remediate an existing eligible facility,
as determined by the Secretary.
(4) Selection.--The Secretary shall--
(A) solicit applications for capital construction
grants; and
(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 opportunities for inclusive
economic development, 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; and
(x) whether the project is consistent with,
and how the project would impact, the relevant
transportation performance management targets.
(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;
(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.
(e) 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.
(f) 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).
(g) Eligible Facility Defined.--
(1) In general.--In this section, 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.
(2) Inclusions.--In this section, the term ``eligible
facility'' may include--
(A) a limited access highway;
(B) a railway;
(C) a viaduct;
(D) a principal arterial facility; or
(E) any other transportation facility for which the
high speeds, grade separation, or other design factors
create an obstacle to connectivity.
SEC. 1312. APPRENTICESHIP UTILIZATION.
(a) In General.--
(1) Certification requirement.--To receive a grant under
sections 117 and 173 of title 23, United States Code, and
section 1311 of this Act, each applicant shall include in a
grant application a certification that such applicant will
ensure that any contractor or subcontractor utilized in
carrying out activities with such grant--
(A) meets or exceeds the apprenticeship employment
goal; and
(B) to the extent practicable, employs qualified
apprentices from traditionally underrepresented
populations, including women and minorities, in meeting
or exceeding such goal.
(2) Exceptions.--The Secretary may adjust the requirements
of this section if the grant applicant--
(A) demonstrates a lack of availability of
qualified apprentices in a specific geographic area; or
(B) makes a good faith effort to comply with the
requirements of this section.
(b) Regulations.--The Secretary shall have the authority to issue
such regulations or other guidance, forms, instructions, and
publications as may be necessary or appropriate to carry out the
requirements of this section, including reporting requirements for
applicants awarded a grant.
(c) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the utilization of qualified apprentices for projects carried out under
sections 117 and 173 of title 23, United States Code, and section 1311
of this Act, that includes--
(1) the total number of labor hours fulfilled by qualified
apprentices;
(2) the total number of qualified apprentices employed;
(3) the total number of grant recipients that met or
exceeded the apprenticeship employment goal; and
(4) best practices utilized by grant recipients that met or
exceeded the apprenticeship employment goal.
(d) Public Transparency.--At the end of each fiscal year, the
Secretary shall make available on a public website information on the
utilization of qualified apprentices in the preceding fiscal year for
each grant program under sections 117 and 173 of title 23, United
States Code, and section 1311 of this Act, including--
(1) the total number of grant applicants that certified
they would be able to meet or exceed the apprenticeship
employment goal under subsection (a); and
(2) the total number of grants awarded for which applicants
certified they would be able to meet or exceed the
apprenticeship employment goal.
(e) Definitions.--In this section:
(1) Apprenticeship employment goal.--The term
``apprenticeship employment goal'' means the utilization of
qualified apprentices for not less than 15 percent of the total
labor hours used for construction activities for a project.
(2) Qualified apprentice.--The term ``qualified
apprentice'' means an employee participating in an
apprenticeship program that--
(A) is registered with the Office of Apprenticeship
of the Employment Training Administration of the
Department of Labor or a State apprenticeship agency
recognized by such Office of Apprenticeship pursuant to
the Act of August 16, 1937 (29 U.S.C. 50 et seq.;
commonly known as the ``National Apprenticeship Act'');
and
(B) satisfies the requirements of subpart A of part
29 and part 30 of title 29, Code of Federal
Regulations.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
Subtitle D--Planning, Performance Management, and Asset Management
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``resiliency needs while
minimizing transportation-related fuel consumption and air
pollution'' and inserting ``resilience and climate change
adaptation needs while reducing transportation-related fuel
consumption, air pollution, and greenhouse gas emissions'';
(2) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) STIP.--The term `STIP' means a statewide
transportation improvement program developed by a State under
section 135(g).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``and
transportation improvement programs'' and inserting
``and TIPs''; and
(B) by adding at the end the following:
``(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider direct and
indirect emissions of greenhouse gases.'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of MAP-21, each'' and
inserting ``Each'';
(B) in paragraph (3) by adding at the end the
following:
``(D) Equitable and proportional representation.--
``(i) In general.--In designating officials
or representatives under paragraph (2), the
metropolitan planning organization shall ensure
the equitable and proportional representation
of the population of the metropolitan planning
area.
``(ii) Savings clause.--Nothing in this
paragraph shall require a metropolitan planning
organization in existence on the date of
enactment of this subparagraph to be
restructured.
``(iii) Redesignation.--Notwithstanding
clause (ii), the requirements of this paragraph
shall apply to any metropolitan planning
organization redesignated under paragraph
(6).'';
(C) in paragraph (6)(B) by striking ``paragraph
(2)'' and inserting ``paragraphs (2) or (3)(D)''; and
(D) in paragraph (7)--
(i) by striking ``an existing metropolitan
planning area'' and inserting ``an urbanized
area''; and
(ii) by striking ``the existing
metropolitan planning area'' and inserting
``the area'';
(5) in subsection (g)--
(A) in paragraph (1) by striking ``a metropolitan
area'' and inserting ``an urbanized area'';
(B) in paragraph (2) by striking ``mpos'' and
inserting ``metropolitan planning areas'';
(C) in paragraph (3)(A) by inserting ``emergency
response and evacuation, climate change adaptation and
resilience,'' after ``disaster risk reduction,''; and
(D) by adding at the end the following:
``(4) Coordination between mpos.--
``(A) In general.--If more than one metropolitan
planning organization is designated within an urbanized
area under subsection (d)(7), the metropolitan planning
organizations designated within the area shall ensure,
to the maximum extent practicable, the consistency of
any data used in the planning process, including
information used in forecasting transportation demand.
``(B) Savings clause.--Nothing in this paragraph
requires metropolitan planning organizations designated
within a single urbanized area to jointly develop
planning documents, including a unified long-range
transportation plan or unified TIP.'';
(6) in subsection (h)(1)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) protect and enhance the environment, promote
energy conservation, reduce greenhouse gas emissions,
improve the quality of life and public health, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns, including housing and land use
patterns;'';
(B) in subparagraph (I)--
(i) by inserting ``, sea level rise,
extreme weather, and climate change'' after
``stormwater''; and
(ii) by striking ``and'' at the end;
(C) by redesignating subparagraph (J) as
subparagraph (M); and
(D) by inserting after subparagraph (I) the
following:
``(J) support emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access;
``(L) support inclusive zoning policies and land
use planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households;
and'';
(7) in subsection (h)(2) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a
performance-based approach, transportation investment
decisions made as a part of the metropolitan
transportation planning process shall support the
national goals described in section 150(b), the
achievement of metropolitan and statewide targets
established under section 150(d), the improvement of
transportation system access (consistent with section
150(f)), and the general purposes described in section
5301 of title 49.'';
(8) in subsection (i)--
(A) in paragraph (2)(D)(i) by inserting ``reduce
greenhouse gas emissions and'' before ``restore and
maintain'';
(B) in paragraph (2)(G) by inserting ``and climate
change'' after ``infrastructure to natural disasters'';
(C) in paragraph (2)(H) by inserting ``greenhouse
gas emissions,'' after ``pollution,'';
(D) in paragraph (5)--
(i) in subparagraph (A) by inserting ``air
quality, public health, housing,
transportation, resilience, hazard mitigation,
emergency management,'' after
``conservation,''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Issues.--The consultation shall involve, as
appropriate, comparison of transportation plans to
other relevant plans, including, if available--
``(i) State conservation plans or maps; and
``(ii) inventories of natural or historic
resources.''; and
(E) by amending paragraph (6)(C) to read as
follows:
``(C) Methods.--
``(i) In general.--In carrying out
subparagraph (A), the metropolitan planning
organization shall, to the maximum extent
practicable--
``(I) hold any public meetings at
convenient and accessible locations and
times;
``(II) employ visualization
techniques to describe plans; and
``(III) make public information
available in electronically accessible
format and means, such as the internet,
as appropriate to afford reasonable
opportunity for consideration of public
information under subparagraph (A).
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the metropolitan
planning organization shall, to the maximum
extent practicable--
``(I) use virtual public
involvement, social media, and other
web-based tools to encourage public
participation and solicit public
feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(9) in subsection (j) by striking ``transportation
improvement program'' and inserting ``TIP'' each place it
appears; and
(10) by striking ``Federally'' each place it appears and
inserting ``federally''.
SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 135 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (2)--
(i) by striking ``The statewide
transportation plan and the'' and inserting the
following:
``(A) In general.--The statewide transportation
plan and the'';
(ii) by striking ``transportation
improvement program'' and inserting ``STIP'';
and
(iii) by adding at the end the following:
``(B) Consideration.--In developing the statewide
transportation plans and STIPs, States shall consider
direct and indirect emissions of greenhouse gases.'';
and
(C) in paragraph (3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by inserting ``reduce
greenhouse gas emissions,'' after
``promote energy conservation,'';
(II) by inserting ``and public
health'' after ``improve the quality of
life''; and
(III) by inserting ``, including
housing and land use patterns'' after
``economic development patterns'';
(ii) in subparagraph (I)--
(I) by inserting ``, sea level
rise, extreme weather, and climate
change'' after ``mitigate stormwater'';
and
(II) by striking ``and'' after the
semicolon;
(iii) by redesignating subparagraph (J) as
subparagraph (M); and
(iv) by inserting after subparagraph (I)
the following:
``(J) facilitate emergency management, response,
and evacuation and hazard mitigation;
``(K) improve the level of transportation system
access;
``(L) support inclusive zoning policies and land
use planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households;
and'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a
performance-based approach, transportation investment
decisions made as a part of the statewide
transportation planning process shall support--
``(i) the national goals described in
section 150(b);
``(ii) the consideration of transportation
system access (consistent with section 150(f));
``(iii) the achievement of statewide
targets established under section 150(d); and
``(iv) the general purposes described in
section 5301 of title 49.''; and
(ii) in subparagraph (D) by striking
``statewide transportation improvement
program'' and inserting ``STIP''; and
(C) in paragraph (3) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(3) in subsection (e)(3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(4) in subsection (f)--
(A) in paragraph (2)(D)--
(i) in clause (i) by inserting ``air
quality, public health, housing,
transportation, resilience, hazard mitigation,
emergency management,'' after
``conservation,''; and
(ii) by amending clause (ii) to read as
follows:
``(ii) Comparison and consideration.--
Consultation under clause (i) shall involve the
comparison of transportation plans to other
relevant plans and inventories, including, if
available--
``(I) State and tribal conservation
plans or maps; and
``(II) inventories of natural or
historic resources.'';
(B) in paragraph (3)(B)--
(i) by striking ``In carrying out'' and
inserting the following:
``(i) In general.--in carrying out'';
(ii) by redesignating clauses (i) through
(iv) as subclauses (I) through (IV),
respectively; and
(iii) by adding at the end the following:
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the State shall,
to the maximum extent practicable--
``(I) use virtual public
involvement, social media, and other
web-based tools to encourage public
participation and solicit public
feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(C) in paragraph (4)(A) by inserting ``reduce
greenhouse gas emissions and'' after ``potential to'';
and
(D) in paragraph (8) by inserting ``greenhouse gas
emissions,'' after ``pollution,'';
(5) in subsection (g)--
(A) in paragraph (1)(A) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (3) by striking ``operators),,''
and inserting ``operators),'';
(C) in paragraph (4) by striking ``statewide
transportation improvement program'' and inserting
``STIP'' each place it appears;
(D) in paragraph (5)--
(i) in subparagraph (A) by striking
``transportation improvement program'' and
inserting ``STIP'';
(ii) in subparagraph (B)(ii) by striking
``metropolitan transportation improvement
program'' and inserting ``TIP'';
(iii) in subparagraph (C) by striking
``transportation improvement program'' and
inserting ``STIP'' each place it appears;
(iv) in subparagraph (E) by striking
``transportation improvement program'' and
inserting ``STIP'';
(v) in subparagraph (F)(i) by striking
``transportation improvement program'' and
inserting ``STIP'' each place it appears;
(vi) in subparagraph (G)(ii) by striking
``transportation improvement program'' and
inserting ``STIP''; and
(vii) in subparagraph (H) by striking
``transportation improvement program'' and
inserting ``STIP'';
(E) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``transportation
improvement program'' and inserting
``STIP''; and
(II) by striking ``and projects
carried out under the bridge program or
the Interstate maintenance program'';
and
(ii) in subparagraph (B)--
(I) by striking ``or under the
bridge program or the Interstate
maintenance program'';
(II) by striking ``5310, 5311,
5316, and 5317'' and inserting ``5310
and 5311''; and
(III) by striking ``statewide
transportation improvement program''
and inserting ``STIP'';
(F) in paragraph (7)--
(i) in the heading by striking
``Transportation improvement program'' and
inserting ``STIP''; and
(ii) by striking ``transportation
improvement program'' and inserting ``STIP'';
(G) in paragraph (8) by striking ``statewide
transportation plans and programs'' and inserting
``statewide transportation plans and STIPs''; and
(H) in paragraph (9) by striking ``transportation
improvement program'' and inserting ``STIP'';
(6) in subsection (h)(2)(A) by striking ``Not later than 5
years after the date of enactment of the MAP-21,'' and
inserting ``Not less frequently than once every 4 years,'';
(7) in subsection (k) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears; and
(8) in subsection (m) by striking ``transportation
improvement programs'' and inserting ``STIPs''.
SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
(a) In General.--Section 150 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1) by inserting ``or
elimination'' after ``significant reduction'';
(B) by redesignating paragraph (7) as paragraph
(8); and
(C) by inserting after paragraph (6) the following:
``(7) Combating climate change.--To reduce carbon dioxide
and other greenhouse gas emissions and reduce the climate
impacts of the transportation system.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``Not later than
18 months after the date of enactment of the MAP-21,
the Secretary'' and inserting ``The Secretary''; and
(B) by adding at the end the following:
``(7) Greenhouse gas emissions.--The Secretary shall
establish, in consultation with the Administrator of the
Environmental Protection Agency, measures for States to use to
assess--
``(A) carbon dioxide emissions per capita on public
roads;
``(B) carbon dioxide emissions using different
parameters than described in subparagraph (A) that the
Secretary determines to be appropriate; and
``(C) any other greenhouse gas emissions on public
roads that the Secretary determines to be
appropriate.'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year
after the Secretary has promulgated the final
rulemaking under subsection (c), each'' and
inserting ``Each''; and
(ii) by striking ``and (6)'' and inserting
``(6), and (7)''; and
(B) by adding at the end the following:
``(3) Regressive targets.--
``(A) In general.--A State may not establish a
regressive target for the measures described under
paragraph (4) or paragraph (7) of subsection (c).
``(B) Regressive target defined.--In this
paragraph, the term `regressive target' means a target
that fails to demonstrate constant or improved
performance for a particular measure.'';
(4) in subsection (e)--
(A) by striking ``Not later than 4 years after the
date of enactment of the MAP-21 and biennially
thereafter, a'' and inserting ``A''; and
(B) by inserting ``biennial'' after ``the Secretary
a''; and
(5) by adding at the end the following:
``(f) Transportation System Access.--
``(1) In general.--The Secretary shall establish measures
for States and metropolitan planning organizations to use to
assess the level of safe, reliable, and convenient
transportation system access to--
``(A) employment; and
``(B) services.
``(2) Considerations.--The measures established pursuant to
paragraph (1) shall include the ability for States and
metropolitan planning organizations to assess--
``(A) the change in the level of transportation
system access for various modes of travel, including
connection to other modes of transportation, that would
result from new transportation investments;
``(B) the level of transportation system access for
economically disadvantaged communities, including to
affordable housing; and
``(C) the extent to which transportation access is
impacted by zoning policies and land use planning
practices that effect the affordability, elasticity,
and diversity of the housing supply.
``(3) Definition of services.--In this subsection, the term
`services' includes healthcare facilities, child care,
education and workforce training, food sources, banking and
other financial institutions, and other retail shopping
establishments.''.
(b) Metropolitan Transportation Planning; Title 23.--Section 134 of
title 23, United States Code, is further amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``Performance target achievement''
in the heading and inserting ``Performance
management'';
(B) by striking ``The TIP'' and inserting the
following:
``(i) In general.--The TIP''; and
(C) by adding at the end the following:
``(ii) Transportation management areas.--
For metropolitan planning areas that represent
an urbanized area designated as a
transportation management area under subsection
(k), the TIP shall include--
``(I) a discussion of the
anticipated effect of the TIP toward
achieving the performance targets
established in the metropolitan
transportation plan, linking investment
priorities to such performance targets;
and
``(II) a description of how the
anticipated effect of the TIP would
improve the overall level of
transportation system access,
consistent with section 150(f).'';
(2) in subsection (k)--
(A) in paragraph (3)(A)--
(i) by striking ``shall address congestion
management'' and inserting the following:
``shall address--
``(i) congestion management'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the overall level of transportation
system access for various modes of travel
within the metropolitan planning area,
including the level of access for economically
disadvantaged communities, consistent with
section 150(f), that is based on a
cooperatively developed and implemented
metropolitan-wide strategy, assessing both new
and existing transportation facilities eligible
for funding under this title and chapter 53 of
title 49.''; and
(B) in paragraph (5)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the TIP approved under clause (ii)
makes progress towards improving the level of
transportation system access, consistent with
section 150(f).''; and
(3) in subsection (l)(2)--
(A) by striking ``5 years after the date of
enactment of the MAP-21'' and inserting ``2 years after
the date of enactment of the INVEST in America Act, and
every 2 years thereafter'';
(B) in subparagraph (C) by striking ``and whether
metropolitan planning organizations are developing
meaningful performance targets; and'' and inserting a
semicolon; and
(C) by striking subparagraph (D) and inserting the
following:
``(D) a listing of all metropolitan planning
organizations that are establishing performance targets
and whether such performance targets established by the
metropolitan planning organization are meaningful or
regressive (as defined in section 150(d)(3)(B)); and
``(E) the progress of implementing the measure
established under section 150(f).''.
(c) Statewide and Nonmetropolitan Transportation Planning; Title
23.--Section 135(g)(4) of title 23, United States Code, is further
amended--
(1) by striking ``Performance Target Achievement'' in the
heading and inserting ``Performance Management'';
(2) by striking ``shall include, to the maximum extent
practicable, a discussion'' and inserting the following:
``shall include--
``(A) a discussion'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(B) a consideration of the anticipated effect of
the STIP on the overall level of transportation system
access, consistent with section 150(f).''.
(d) Metropolitan Transportation Planning; Title 49.--Section 5303
of title 49, United States Code, is amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``Performance target achievement''
and inserting ``Performance management'';
(B) by striking ``The transportation improvement
plan'' and inserting the following:
``(i) In general.--The TIP''; and
(C) by adding at the end the following:
``(ii) Transportation management areas.--
For metropolitan planning areas that represent
an urbanized area designated as a
transportation management area under subsection
(k), the TIP shall include--
``(I) a discussion of the
anticipated effect of the TIP toward
achieving the performance targets
established in the metropolitan
transportation plan, linking investment
priorities to such performance targets;
and
``(II) a description of how the
anticipated effect of the TIP would
improve the overall level of
transportation system access,
consistent with section 150(f) of title
23.'';
(2) in subsection (k)--
(A) in paragraph (3)(A)--
(i) by striking ``shall address congestion
management'' and inserting the following:
``shall address--
``(i) congestion management'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the overall level of transportation
system access for various modes of travel
within the metropolitan planning area,
including the level of access for economically
disadvantaged communities, consistent with
section 150(f) of title 23, that is based on a
cooperatively developed and implemented
metropolitan-wide strategy, assessing both new
and existing transportation facilities eligible
for funding under this chapter and title 23.'';
and
(B) in paragraph (5)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the TIP approved under clause (ii)
makes progress towards improving the level of
transportation system access, consistent with
section 150(f) of title 23.''; and
(3) in subsection (l)(2)--
(A) by striking ``5 years after the date of
enactment of the Federal Public Transportation Act of
2012'' and inserting ``2 years after the date of
enactment of the INVEST in America Act, and every 2
years thereafter,'';
(B) in subparagraph (C) by striking ``and whether
metropolitan planning organizations are developing
meaningful performance targets; and'' and inserting a
semicolon; and
(C) by striking subparagraph (D) and inserting the
following:
``(D) a listing of all metropolitan planning
organizations that are establishing performance targets
and whether such performance targets established by the
metropolitan planning organization are meaningful or
regressive (as defined in section 150(d)(3)(B) of title
23); and
``(E) the progress of implementing the measure
established under section 150(f) of title 23.''.
(e) Statewide and Nonmetropolitan Transportation Planning; Title
49.--Section 5304(g)(4) of title 49, United States Code, is amended--
(1) by striking ``Performance target achievement'' and
inserting ``Performance management'';
(2) by striking ``shall include, to the maximum extent
practicable, a discussion'' and inserting the following:
``shall include
``(A) a discussion'';
(3) by striking the period at the end and inserting ``;
and'';
(4) by striking ``statewide transportation improvement
program'' and inserting ``STIP'' each place it appears; and
(5) by adding at the end the following:
``(B) a consideration of the anticipated effect of
the STIP on the overall level of transportation system
access, consistent with section 150(f) of title 23.''.
(f) Savings Clause.--
(1) Regressive targets.--The prohibition in the amendment
made by subsection (a)(3)(B) shall apply to States beginning on
the date that is 1 year before the subsequent State target and
reporting deadlines related to safety performance management
established pursuant to section 150 of title 23, United States
Code.
(2) Access planning requirements.--The requirements in the
amendments made by subsections (b), (c), (d), and (e) shall
apply beginning on the date on which the requirements for the
measure described in section 150(f) of title 23, United States
Code, take effect.
(g) Development of Greenhouse Gas Measure.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Transportation shall issue such regulations as are necessary to carry
out paragraph (7) of section 150(c) of title 23, United States Code, as
added by this Act.
(h) Development of Transportation System Access Measure.--
(1) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Transportation shall
establish a working group to assess the provisions of
paragraphs (1) and (2) of section 150(f) and make
recommendations regarding the establishment of measures for
States and metropolitan planning organizations to use to assess
the level of transportation system access for various modes of
travel, consistent with section 150(f) of title 23, United
States Code.
(2) Members.--The working group established pursuant to
paragraph (1) shall include representatives from--
(A) the Department of Transportation;
(B) State departments of transportation, including
representatives that specialize in pedestrian and
bicycle safety;
(C) the Bureau of Transportation Statistics;
(D) metropolitan planning organizations
representing transportation management areas (as those
terms are defined in section 134 of title 23, United
States Code);
(E) other metropolitan planning organizations or
local governments;
(F) providers of public transportation;
(G) nonprofit entities related to transportation,
including relevant safety groups;
(H) experts in the field of transportation access
data; and
(I) any other stakeholders, as determined by the
Secretary.
(3) Report.--
(A) Submission.--Not later than 1 year after the
establishment of the working group pursuant to
paragraph (1), the working group shall submit to the
Secretary a report of recommendations regarding the
establishment of measures for States and metropolitan
planning organizations to use to assess the level of
transportation system access, consistent with section
150(f) of title 23, United States Code.
(B) Publication.--Not later than 30 days after the
date on which the Secretary receives the report under
subparagraph (A), the Secretary shall publish the
report on a publicly accessible website of the
Department of Transportation.
(4) Rulemaking.--Not later than 2 years after the date on
which the Secretary receives the report under paragraph (3),
the Secretary shall issue such regulations as are necessary to
implement the requirements of section 150(f) of title 23,
United States Code.
(5) Termination.--The Secretary shall terminate the working
group established pursuant to paragraph (1) on the date on
which the regulation issued pursuant to paragraph (4) takes
effect.
(i) Transportation System Access Data.--
(1) In general.--Not later than 90 days after the date on
which the Secretary of Transportation establishes the measure
required under section 150(f) of title 23, United States Code,
the Secretary shall develop or procure eligible transportation
system access data sets and analytical tools and make such data
sets and analytical tools available to State departments of
transportation and metropolitan planning areas that represent
transportation management areas.
(2) Requirements.--An eligible transportation system access
data set and analytical tool shall have the following
characteristics:
(A) The ability to quantify the level of safe,
reliable, and convenient transportation system access
to--
(i) employment;
(ii) services; and
(iii) connections to other modes of
transportation.
(B) The ability to quantify transportation system
access for various modes of travel, including--
(i) driving;
(ii) public transportation;
(iii) walking (including conveyance for
persons with disabilities); and
(iv) cycling (including micromobility).
(C) The ability to disaggregate the level of
transportation system access by various transportation
modes by a variety of population categories,
including--
(i) low-income populations;
(ii) minority populations;
(iii) age;
(iv) disability; and
(v) geographical location.
(D) The ability to assess the change in the level
of transportation system access that would result from
new transportation investments.
(3) Consideration.--An eligible transportation system
access data set and analytical tool shall take into
consideration safe and connected networks for walking, cycling,
and persons with disabilities.
(j) Definitions.--In this section:
(1) Transportation system access.--The term
``transportation system access'' has the meaning given such
term in section 101 of title 23, United States Code.
(2) Services.--The term ``services'' has the meaning given
such term in section 150(f) of title 23, United States Code.
SEC. 1404. TRANSPORTATION DEMAND DATA AND MODELING STUDY.
(a) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study on transportation demand data and modeling,
including transportation demand forecasting, and make
recommendations for developing and utilizing transportation and
traffic demand models with a demonstrated record of accuracy.
(2) Contents.--In carrying out the study under this
section, the Secretary shall--
(A) collect observed transportation demand data and
transportation demand forecasts from States and
metropolitan planning organizations, including data and
forecasts on--
(i) traffic counts;
(ii) transportation mode share and public
transportation ridership; and
(iii) vehicle occupancy measures;
(B) compare the transportation demand forecasts
with the observed transportation demand data gathered
under subparagraph (A), including an analysis of the
level of accuracy of forecasts and possible reasons for
large discrepancies; and
(C) use the information described in subparagraphs
(A) and (B) to--
(i) develop best practices and guidance for
States and metropolitan planning organizations
to use in forecasting transportation demand for
future investments in transportation
improvements;
(ii) evaluate the impact of transportation
investments, including new roadway capacity, on
transportation behavior and transportation
demand, including public transportation
ridership, induced highway transportation, and
congestion;
(iii) support more accurate transportation
demand forecasting by States and metropolitan
planning organizations;
(iv) enhance the capacity of States and
metropolitan planning organizations to--
(I) forecast transportation demand;
and
(II) track observed transportation
behavior responses, including induced
transportation, to changes in
transportation capacity, pricing, and
land use patterns; and
(v) develop transportation demand
management strategies to maximize the
efficiency of the transportation system,
improve mobility, reduce congestion, and lower
vehicle emissions.
(3) Covered entities.--In carrying out the study under this
section, the Secretary shall ensure that data and forecasts
described in paragraph (2)(A) are collected from--
(A) States;
(B) metropolitan planning organizations that serve
an area with a population of 200,000 people or fewer;
and
(C) metropolitan planning organizations that serve
an area with a population of over 200,000 people.
(4) Working with the private sector.--In carrying out this
section, the Secretary may, and is encouraged to, procure
additional data as necessary from university transportation
centers, private sector providers, and other entities as is
needed and may use funds authorized under section 503(b) of
title 23, United States Code, for carrying out this paragraph.
(5) Working with affected communities.--In carrying out
this section, the Secretary shall consult with, and collect
data and input from, representatives of--
(A) the Department of Transportation;
(B) State departments of transportation;
(C) metropolitan planning organizations;
(D) local governments;
(E) providers of public transportation;
(F) nonprofit entities related to transportation,
including safety, cycling, disability, and equity
groups; and
(G) any other stakeholders, as determined by the
Secretary.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report containing
the findings of the study conducted under subsection (a).
(c) Secretarial Support.--The Secretary shall seek opportunities to
support the transportation planning processes under sections 134 and
135 of title 23, United States Code, through the provision of data to
States and metropolitan planning organizations to improve the quality
of transportation plans, models, and demand forecasts.
(d) Update Guidance and Regulations.--The Secretary shall--
(1) update Department of Transportation guidance and
procedures to utilize best practices documented throughout the
Federal program; and
(2) ensure that best practices included in the report are
incorporated into appropriate regulations as such regulations
are updated.
(e) Continuing Improvement.--The Secretary shall set out a process
to repeat the study under this section every 2 years as part of the
conditions and performance report, including--
(1) progress in the accuracy of model projections;
(2) further recommendations for improvement; and
(3) further changes to guidance, regulation, and procedures
required for the Department of Transportation to adopt best
practices.
SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of
Federal Regulations, to ensure that the outer years of a metropolitan
transportation plan are defined as ``beyond the first 4 years''.
Subtitle E--Federal Lands, Tribes, and Territories
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
(a) In General.--Section 165 of title 23, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Annual Allocation.--For the Puerto Rico and territorial
highway program, there shall be made available--
``(1) $340,000,000 for the Puerto Rico highway program
under subsection (b) for each of fiscal years 2023 through
2026; and
``(2) for the territorial highway program under subsection
(c)--
``(A) $113,044,097 for fiscal year 2023;
``(B) $114,961,294 for fiscal year 2024;
``(C) $117,190,719 for fiscal year 2025; and
``(D) $119,237,332 for fiscal year 2026.'';
(2) in subsection (b)(2) by adding at the end the
following:
``(D) Transferability.--Of the amounts described in
clauses (i) and (ii) of subparagraph (C) for the Puerto
Rico highway program, Puerto Rico may transfer not to
exceed 50 percent in a fiscal year of such amounts for
activities described in clause (iii) of such
subparagraph.''.
(3) in subsection (c)(6)(A)--
(A) by redesignating clauses (iv), (v), (vi), and
(vii) as clauses (v), (vi), (vii), and (viii),
respectively; and
(B) by inserting after clause (iii) the following:
``(iv) Ferry boats and terminal facilities
that are privately or majority privately owned,
in accordance with paragraphs (1), (2), (4),
(5), (6), and (7) of section 129(c), that
provide a substantial public benefit.''; and
(4) by adding at the end the following:
``(d) Participation of Territories in Discretionary Programs.--For
any program in which the Secretary may allocate funds out of the
Highway Trust Fund (other than the Mass Transit Account) to a State at
the discretion of the Secretary, the Secretary may allocate funds to
one or more territory for any project or activity that otherwise would
be eligible under such program if such project or activity was being
carried out in a State.''.
(b) Access and Development Roads.--Section 118(d) of title 23,
United States Code, is amended by striking ``and the Commonwealth of
Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, and
any other territory of the United States''.
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM.
Section 202 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking ``improving
deficient'' and inserting ``the construction and
reconstruction of'';
(B) in paragraph (2)--
(i) in subparagraph (A) by inserting
``construct,'' after ``project to''; and
(ii) in subparagraph (B)--
(I) by striking ``deficient''; and
(II) by inserting ``in poor
condition'' after ``facility bridges'';
and
(C) in paragraph (3)--
(i) in the heading by striking ``Eligible
bridges'' and inserting ``Eligibility for
existing bridges'';
(ii) by striking ``a bridge'' and inserting
``an existing bridge''; and
(iii) in subparagraph (C) by striking
``structurally deficient or functionally
obsolete'' and inserting ``in poor condition'';
and
(2) in subsection (e) by striking ``for eligible projects
described in section 148(a)(4).'' and inserting the following:
``for--
``(A) eligible projects described in section
148(a)(4);
``(B) projects to promote public awareness and
education concerning highway safety matters (including
bicycle, all-terrain, motorcyclist, and pedestrian
safety); or
``(C) projects to enforce highway safety laws.''.
SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
(a) Tribal Transportation Program.--Section 202 of title 23, United
States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Tribal High Priority Projects Program.--Before making any
distribution under subsection (b), the Secretary shall set aside
$50,000,000 from the funds made available under the tribal
transportation program for each fiscal year to carry out the Tribal
High Priority Projects program under section 1123 of MAP-21 (23 U.S.C.
202 note).''.
(b) Tribal High Priority Projects Program.--Section 1123 of MAP-21
(23 U.S.C. 202 note) is amended--
(1) in subsection (a)(1)(C) by striking ``required by that
section'' and inserting ``required under such program'';
(2) in subsection (b)(1) by striking ``use amounts made
available under subsection (h) to'';
(3) in subsection (d)--
(A) in paragraph (2) by inserting ``, in
consultation with the Secretary of the Interior,''
after ``The Secretary''; and
(B) in paragraph (3) by striking ``of the
Interior'' each place it appears;
(4) in subsection (f) by striking ``$1,000,000'' and
inserting ``$5,000,000'';
(5) in subsection (g) by striking ``and the Secretary'' and
inserting ``or the Secretary''; and
(6) by striking subsection (h) and inserting the following:
``(h) Administration.--The funds made available to carry out this
section shall be administered in the same manner as funds made
available for the Tribal transportation program under section 202 of
title 23, United States Code.''.
SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM.
(a) In General.--Section 203(a) of title 23, United States Code, is
amended by adding at the end the following:
``(6) Transfer for high-commuter corridors.--
``(A) Request.--If the head of a covered agency
determines that a high-commuter corridor requires
additional investment, based on the criteria described
in subparagraph (D), the head of a covered agency, with
respect to such corridor, shall submit to the State--
``(i) information on condition of pavements
and bridges;
``(ii) an estimate of the amounts needed to
bring such corridor into a state of good
repair, taking into consideration any planned
future investments; and
``(iii) at the discretion of the head of a
covered agency, a request that the State
transfer to the covered agency, under the
authority of section 132 or section 204, or to
the Federal Highway Administration, under the
authority of section 104, a portion of such
amounts necessary to address the condition of
the corridor.
``(B) State response.--Not later than 45 days after
the date of receipt of the request described in
subparagraph (A)(iii), the State shall--
``(i) approve the request;
``(ii) deny the request and explain the
reasons for such denial; or
``(iii) request any additional information
necessary to take action on the request.
``(C) Notification to the secretary.--The head of a
covered agency shall provide to the Secretary a copy of
any request described under subparagraph (A)(iii) and
response described under subparagraph (B).
``(D) Criteria.--In making a determination under
subparagraph (A), the head of a covered agency, with
respect to the corridor, shall consider--
``(i) the condition of roads, bridges, and
tunnels; and
``(ii) the average annual daily traffic.
``(E) Definitions.--In this paragraph:
``(i) Covered agency.--The term `covered
agency' means a Federal agency eligible to
receive funds under this section, section 203,
or section 204, including the Army Corps of
Engineers, Bureau of Reclamation, and the
Bureau of Land Management.
``(ii) High-commuter corridor.--The term
`high-commuter corridor' means a Federal lands
transportation facility that has an average
annual daily traffic of not less than 20,000
vehicles.''.
(b) GAO Study Regarding NPS Maintenance.--
(1) Study.--The Comptroller General of the United States
shall study the National Park Service maintenance
prioritization of Federal lands transportation facilities.
(2) Contents.--At minimum, the study under paragraph (1)
shall examine--
(A) general administrative maintenance of the
National Park Service;
(B) how the National Park Service currently
prioritizes maintenance of Federal facilities covered
under the Federal Lands Transportation Program;
(C) what kind of maintenance the National Parkway
Service is performing;
(D) to what degree does the National Park Service
prioritize high-commuter corridors; and
(E) how the National Park Service can better
service the needs of high commuter corridors.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report summarizing the study and the
results of such study, including recommendations for addressing
the maintenance needs and prioritization of high-commuter
corridors.
(4) Definition of high-commuter corridor.--In this section,
the term ``high-commuter corridor'' means a Federal lands
transportation facility that has average annual daily traffic
of not less than 20,000 vehicles.
SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 207 the following:
``Sec. 208. Federal lands and Tribal major projects program
``(a) Establishment.--The Secretary shall establish a Federal lands
and Tribal major projects program (referred to in this section as the
`program') to provide funding to construct, reconstruct, or
rehabilitate critical Federal lands and Tribal transportation
infrastructure.
``(b) Eligible Applicants.--
``(1) In general.--Except as provided in paragraph (2),
entities eligible to receive funds under sections 201, 202,
203, and 204 may apply for funding under the program.
``(2) Special rule.--A State, county, or unit of local
government may only apply for funding under the program if
sponsored by an eligible Federal agency or Indian Tribe.
``(c) Eligible Projects.--An eligible project under the program
shall be on a Federal lands transportation facility, a Federal lands
access transportation facility, or a tribal transportation facility,
except that such facility is not required to be included in an
inventory described in section 202 or 203, and for which--
``(1) the project--
``(A) has completed the activities required under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) which has been demonstrated
through--
``(i) a record of decision with respect to
the project;
``(ii) a finding that the project has no
significant impact; or
``(iii) a determination that the project is
categorically excluded; or
``(B) is reasonably expected to begin construction
not later than 18 months after the date of obligation
of funds for the project; and
``(2) the project has an estimated cost equal to or
exceeding--
``(A) $12,500,000 if it is on a Federal lands
transportation facility or a Federal lands access
transportation facility; and
``(B) $5,000,000 if it is on a Tribal
transportation facility.
``(d) Eligible Activities.--Grant amounts received for a project
under this section may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, and rehabilitation
activities.
``(e) Applications.--Eligible applicants shall submit to the
Secretary an application at such time, in such form, and containing
such information as the Secretary may require.
``(f) Project Requirements.--The Secretary may select a project to
receive funds under the program only if the Secretary determines that
the project--
``(1) improves the condition of critical transportation
facilities, including multimodal facilities;
``(2) cannot be easily and efficiently completed with
amounts made available under section 202, 203, or 204; and
``(3) is cost effective.
``(g) Merit Criteria.--In making a grant under this section, the
Secretary shall consider whether the project--
``(1) will generate state of good repair, resilience,
economic competitiveness, quality of life, mobility, or safety
benefits;
``(2) in the case of a project on a Federal lands
transportation facility or a Federal lands access
transportation facility, has costs matched by funds that are
not provided under this section or this title; and
``(3) generates benefits for land owned by multiple Federal
land management agencies or Indian Tribes, or which spans
multiple States.
``(h) Evaluation and Rating.--To evaluate applications, the
Secretary shall--
``(1) determine whether a project meets the requirements
under subsection (f);
``(2) evaluate, through a discernable and transparent
methodology, how each application addresses one or more merit
criteria established under subsection (g);
``(3) assign a rating for each merit criteria for each
application; and
``(4) consider applications only on the basis of such
quality ratings and which meet the minimally acceptable level
for each of the merit criteria.
``(i) Cost Share.--
``(1) Federal lands projects.--
``(A) In general.--Notwithstanding section 120, the
Federal share of the cost of a project on a Federal
lands transportation facility or a Federal lands access
transportation facility shall be up to 90 percent.
``(B) Non-federal share.--Notwithstanding any other
provision of law, any Federal funds may be used to pay
the non-Federal share of the cost of a project carried
out under this section.
``(2) Tribal projects.--The Federal share of the cost of a
project on a Tribal transportation facility shall be 100
percent.
``(j) Use of Funds.--For each fiscal year, of the amounts made
available to carry out this section, not more than 50 percent shall be
used for eligible projects on Federal lands transportation facilities
or Federal lands access transportation facilities and Tribal
transportation facilities, respectively.''.
(b) Clerical Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item relating to
section 207 the following new item:
``208. Federal lands and Tribal major projects program.''.
(c) Repeal.--Section 1123 of the FAST Act (23 U.S.C. 201 note), and
the item related to such section in the table of contents under section
1(b) of such Act, are repealed.
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
Section 102 of title 49, United States Code, is amended--
(1) in subsection (e)(1)--
(A) by striking ``6 Assistant'' and inserting ``7
Assistant'';
(B) in subparagraph (C) by striking ``; and'' and
inserting a semicolon;
(C) by redesignating subparagraph (D) as
subparagraph (E); and
(D) by inserting after subparagraph (C) the
following:
``(D) an Assistant Secretary for Tribal Government
Affairs, who shall be appointed by the President;
and''; and
(2) in subsection (f)--
(A) in the heading by striking ``Deputy Assistant
Secretary for Tribal Government Affairs'' and inserting
``Office of Tribal Government Affairs''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) Establishment.--There is established in the
Department an Office of Tribal Government Affairs, under the
Assistant Secretary for Tribal Government Affairs, to--
``(A) oversee the Tribal transportation self-
governance program under section 207 of title 23;
``(B) plan, coordinate, and implement policies and
programs serving Indian Tribes and Tribal
organizations;
``(C) coordinate Tribal transportation programs and
activities in all offices and administrations of the
Department;
``(D) provide technical assistance to Indian Tribes
and Tribal organizations;
``(E) be a participant in any negotiated
rulemakings relating to, or having an impact on,
projects, programs, or funding associated with the
tribal transportation program under section 202 of
title 23; and
``(F) ensure that Department programs have in
place, implement, and enforce requirements and
obligations for regular and meaningful consultation and
collaboration with Tribes and Tribal officials under
Executive Order No. 13175 and to serve as the primary
advisor to the Secretary and other Department
components regarding violations of those
requirements.''.
SEC. 1507. ALTERNATIVE CONTRACTING METHODS.
(a) Land Management Agencies and Tribal Governments.--Section 201
of title 23, United States Code, is amended by adding at the end the
following:
``(f) Alternative Contracting Methods.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may use a contracting method available to a
State under this title on behalf of--
``(A) a Federal land management agency, with
respect to any funds available pursuant to section 203
or 204;
``(B) a Federal land management agency, with
respect to any funds available pursuant to section 1535
of title 31 for any eligible use described in sections
203(a)(1) and 204(a)(1) of this title; or
``(C) a Tribal Government, with respect to any
funds available pursuant to section 202(b)(7)(D).
``(2) Methods described.--The contracting methods referred
to in paragraph (1) shall include, at a minimum--
``(A) project bundling;
``(B) bridge bundling;
``(C) design-build contracting;
``(D) 2-phase contracting;
``(E) long-term concession agreements; and
``(F) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.
``(3) Rule of construction.--Nothing in this subsection--
``(A) affects the application of the Federal share
for a project carried out with a contracting method
under this subsection; or
``(B) modifies the point of obligation of Federal
salaries and expenses.''.
(b) Use of Alternative Contracting Method.--In carrying out the
amendments made by this section, the Secretary shall--
(1) in consultation with the applicable Federal land
management agencies, establish procedures that are--
(A) applicable to each alternative contracting
method; and
(B) to the maximum extent practicable, consistent
with requirements for Federal procurement transactions;
(2) solicit input on the use of each alternative
contracting method from any affected industry prior to using
such method; and
(3) analyze and prepare an evaluation of the use of each
alternative contracting method.
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES.
(a) In General.--The Commissioner of the Bureau of Reclamation may
transfer ownership of a bridge that is owned by the Bureau of
Reclamation if--
(1) the ownership of the bridge is transferred to a State
with the concurrence of such State;
(2) the State to which ownership is transferred agrees to
operate and maintain the bridge;
(3) the transfer of ownership complies with all applicable
Federal requirements, including--
(A) section 138 of title 23, United States Code;
(B) section 306108 of title 54, United States Code;
and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(4) the Bureau of Reclamation and the State to which
ownership is being transferred jointly notify the Secretary of
Transportation of the intent to conduct a transfer prior to
such transfer.
(b) Access.--In a transfer of ownership of a bridge under this
section, the Commissioner of the Bureau of Reclamation--
(1) shall not be required to transfer ownership of the land
on which the bridge is located or any adjacent lands; and
(2) shall make arrangements with the State to which
ownership is being transferred to allow for adequate access to
such bridge, including for the purposes of construction,
maintenance, and bridge inspections pursuant to section 144 of
title 23, United States Code.
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO INDIAN TRIBES.
Not later than January 31 of each year, the Secretary of
Transportation shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that--
(1) identifies the number of Indian Tribes that were direct
recipients of funds under any discretionary Federal highway,
transit, or highway safety program in the prior fiscal year;
(2) lists the total amount of such funds made available
directly to such Tribes;
(3) identifies the number and location of Indian Tribes
that were indirect recipients of funds under any formula-based
Federal highway, transit, or highway safety program in the
prior fiscal year; and
(4) lists the total amount of such funds made available
indirectly to such tribes through states or other direct
recipients of Federal highway, transit or highway safety
funding.
SEC. 1510. GAO STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the deferred maintenance of United States forest
roads, including--
(1) the current backlog;
(2) the current actions on such maintenance and backlog;
(3) the impacts of public safety due to such deferred
maintenance; and
(4) recommendations for Congress on ways to address such
backlog.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report containing the results of the study conducted under
subsection (a).
SEC. 1511. FEDERAL LANDS ACCESS PROGRAM.
Section 204(a) of title 23, United States Code, is amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by
inserting ``context-sensitive solutions,'' after
``restoration,'';
(B) in clause (i), by inserting ``, including
interpretive panels in or adjacent to those areas''
after ``areas'';
(C) in clause (v), by striking ``and'' at the end;
(D) by redesignating clause (vi) as clause (ix);
and
(E) by inserting after clause (v) the following:
``(vi) contextual wayfinding markers;
``(vii) landscaping;
``(viii) cooperative mitigation of visual
blight, including screening or removal; and'';
and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the Secretary shall ensure that the
entity carrying out the activity considers--
``(A) the use of locally adapted native plant
materials; and
``(B) designs that minimize runoff and heat
generation.''.
Subtitle F--Additional Provisions
SEC. 1601. VISION ZERO.
(a) In General.--A local government, metropolitan planning
organization, or regional transportation planning organization may
develop and implement a vision zero plan to significantly reduce or
eliminate transportation-related fatalities and serious injuries within
a specified timeframe, not to exceed 20 years.
(b) Use of Funds.--Amounts apportioned to a State under paragraph
(2) or (3) of section 104(b) of title 23, United States Code, may be
used--
(1) to carry out vision zero planning under this section or
a vulnerable road user safety assessment; and
(2) to implement an existing vision zero plan.
(c) Contents of Plan.--A vision zero plan under this section shall
include--
(1) a description of programs, strategies, or policies
intended to significantly reduce or eliminate transportation-
related fatalities and serious injuries within a specified
timeframe, not to exceed 20 years, that is consistent with a
State strategic highway safety plan and uses existing
transportation data and consideration of risk factors;
(2) plans for implementation of, education of the public
about, and enforcement of such programs, strategies, or
policies;
(3) a description of how such programs, strategies, or
policies, and the enforcement of such programs, strategies, or
policies will--
(A) equitably invest in the safety needs of low-
income and minority communities;
(B) ensure that such communities are not
disproportionately targeted by law enforcement; and
(C) protect the rights of members of such
communities with respect to title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.); and
(4) a description of a mechanism to evaluate progress of
the development and implementation of the plan, including the
gathering and use of transportation safety and demographic
data.
(d) Inclusions.--A vision zero plan may include a complete streets
prioritization plan that identifies a specific list of projects to--
(1) create a connected network of active transportation
facilities, including sidewalks, bikeways, or pedestrian and
bicycle trails, to connect communities and provide safe,
reliable, affordable, and convenient access to employment,
housing, and services, consistent with the goals described in
section 150(b) of title 23, United States Code;
(2) integrate active transportation facilities with public
transportation service or improve access to public
transportation; and
(3) improve transportation options for low-income and
minority communities.
(e) Coordination.--A vision zero plan under this section shall
provide for coordination of various subdivisions of a unit of local
government in the implementation of the plan, including subdivisions
responsible for law enforcement, public health, data collection, and
public works.
(f) Safety Performance Management.--A vision zero plan under this
section is not sufficient to demonstrate compliance with the safety
performance or planning requirements of section 148 or 150 of title 23,
United States Code.
(g) Guidance on Safe System Approach.--The Secretary of
Transportation shall develop guidance on the consideration of a safe
system approach in project planning, scoping, and design to facilitate
the implementation of vision zero plans under this section and
vulnerable road user assessments under section 148 of title 23, United
States Code.
(h) Definitions.--In this section, the terms ``safe system
approach'' and ``vulnerable road user safety assessment'' have the
meanings given such terms in section 148 of title 23, United States
Code.
SEC. 1602. SPEED LIMITS.
(a) Speed Limits.--The Secretary of Transportation shall revise the
Manual on Uniform Traffic Control Devices to provide for a safe system
approach to setting speed limits, consistent with the safety
recommendations issued by the National Transportation Safety Board on
August 15, 2017, numbered H-17-27 and H-17-028.
(b) Considerations.--In carrying out subparagraph (A), the
Secretary shall consider--
(1) crash statistics;
(2) road geometry characteristics;
(3) roadside characteristics;
(4) traffic volume;
(5) the possibility and likelihood of human error;
(6) human injury tolerance;
(7) the prevalence of vulnerable road users; and
(8) any other consideration, consistent with a safe system
approach, as determined by the Secretary.
(c) Report on Speed Management Program Plan.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall update and
report on the implementation progress of the Speed Management Program
Plan of the Department of Transportation, as described in the safety
recommendation issued by the National Transportation Safety Board on
August 15, 2017, numbered H-17-018.
(d) Definitions.--In this section, the terms ``safe system
approach'' and ``vulnerable road user'' have the meanings given such
terms in section 148(a) of title 23, United States Code.
SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) Appropriate state agency.--The term ``appropriate State
agency'' means a State governmental agency that is recognized
by the executive branch of the State as having the experience
necessary to evaluate and facilitate the installation and
operation of broadband infrastructure within the State.
(2) Broadband.--The term ``broadband'' has the meaning
given the term ``advanced telecommunications capability'' in
section 706 of the Telecommunications Act of 1996 (47 U.S.C.
1302).
(3) Broadband conduit.--The term ``broadband conduit''
means a conduit or innerduct for fiber optic cables (or
successor technology of greater quality and speed) that
supports the provision of broadband.
(4) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried or underground facility and
any wireless or wireline connection that enables the provision
of broadband.
(5) Broadband provider.--The term ``broadband provider''
means an entity that provides broadband to any person,
including, with respect to such entity--
(A) a corporation, company, association, firm,
partnership, nonprofit organization, or any other
private entity;
(B) a State or local broadband provider;
(C) an Indian Tribe; and
(D) a partnership between any of the entities
described in subparagraphs (A), (B), and (C).
(6) Covered highway construction project.--
(A) In general.--The term ``covered highway
construction project'' means, without regard to
ownership of a highway, a project funded under title
23, United States Code, and administered by a State
department of transportation to construct a new highway
or an additional lane for an existing highway, to
reconstruct an existing highway, or new construction,
including construction of a paved shoulder.
(B) Exclusions.--The term ``covered highway
construction project'' excludes any project--
(i) awarded before the date on which
regulations required under subsection (b) take
effect;
(ii) that does not include work beyond the
edge of pavement or current paved shoulder;
(iii) that is less than a mile in length;
or
(iv) that is--
(I) a project primarily for
resurfacing, restoration,
rehabilitation, or maintenance;
(II) a bicycle, pedestrian,
transportation alternatives, sidewalk,
recreational trails, or safe routes to
school project;
(III) an operational improvement
(as such term is defined in section 101
of title 23, United States Code);
(IV) a project primarily to install
signage; or
(V) a culvert project.
(7) Dig once requirement.--The term ``dig once
requirement'' means a requirement designed to reduce the cost
and accelerate the deployment of broadband by minimizing the
number and scale of repeated excavations for the installation
and maintenance of broadband conduit or broadband
infrastructure in rights-of-way.
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(9) NTIA administrator.--The term ``NTIA Administrator''
means the Assistant Secretary of Commerce for Communications
and Information.
(10) Project.--The term ``project'' has the meaning given
such term in section 101 of title 23, United States Code.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(12) State.--The term ``State'' has the meaning given such
term in section 401 of title 23, United States Code.
(13) State or local broadband provider.--The term ``State
or local broadband provider'' means a State or political
subdivision thereof, or any agency, authority, or
instrumentality of a State or political subdivision thereof,
that provides broadband to any person or facilitates the
provision of broadband to any person in such State.
(b) Dig Once Requirement.--Not later than 12 months after the date
of enactment of this Act, to facilitate the installation of broadband
infrastructure, the Secretary shall issue such regulations as may be
necessary to ensure that each State that receives funds under chapter 1
of title 23, United States Code, complies with the following
provisions:
(1) Broadband planning and notice.--The State department of
transportation, in consultation with appropriate State
agencies, shall--
(A) review existing State broadband plans,
including existing dig once requirements of the State,
municipal governments incorporated under State law, and
Indian tribes within the State, to determine
opportunities to coordinate covered highway
construction projects occurring within or across
highway rights-of-way with planned broadband
infrastructure projects;
(B) identify a broadband coordinator, who may have
additional responsibilities in the State department of
transportation or in another State agency, that is
responsible for facilitating the broadband
infrastructure right-of-way efforts within the State;
and
(C) establish a process--
(i) for the registration of broadband
providers that seek to be included in the
advance notification of, and opportunity to
participate in, broadband infrastructure right-
of-way facilitation efforts within the State;
and
(ii) to electronically notify all broadband
providers registered under clause (i)--
(I) of the State transportation
improvement program on at least an
annual basis; and
(II) of covered highway
construction projects within the
highway right-of-way for which Federal
funding is expected to be obligated in
the subsequent fiscal year.
(2) Coordination and compliance.--
(A) Mobile now act.--A State department of
transportation shall be considered to meet the
requirements of subparagraphs (B) and (C) of paragraph
(1) if such State department of transportation has been
determined to be in compliance with the requirements
established under section 607 of division P of the
Consolidated Appropriations Act, 2018 (47 U.S.C. 1504).
(B) Website.--A State department of transportation
shall be considered to meet the requirements of
paragraph (1)(C) if the State publishes on a public
website--
(i) the State transportation improvement
program on at least an annual basis; and
(ii) covered highway construction projects
within the highway right-of-way for which
Federal funding is expected to be obligated in
the subsequent fiscal year.
(C) Coordination.--The State department of
transportation, in consultation with appropriate State
agencies, shall by rule or regulation establish a
process for a broadband provider to commit to
installing broadband conduit or broadband
infrastructure as part of any covered highway
construction project.
(D) Appropriate state agency.--In lieu of the State
department of transportation, at the discretion of the
State, an appropriate State agency, in consultation
with the State department of transportation, may carry
out the requirements of paragraph (1).
(3) Required installation of broadband conduit.--
(A) In general.--The State department of
transportation shall install broadband conduit, in
accordance with this paragraph (except as described in
subparagraph (F)), as part of any covered highway
construction project, unless a broadband provider has
committed to install broadband conduit or broadband
infrastructure as part of such project in a process
described under paragraph (2)(C).
(B) Installation requirements.--In installing
broadband conduit or broadband infrastructure as part
of a covered highway construction project, the State
department of transportation shall ensure that--
(i) installation pursuant to this paragraph
of broadband conduit, broadband infrastructure,
and means or points of access to such conduit
or infrastructure (such as poles, hand holes,
manholes, pull tape, or ducts) shall provide
for the current and future safe operation of
the traveled way, is consistent with part 645
of title 23, Code of Federal Regulations, and
any accommodation policies of the State under
such part to reasonably enable deployment of
such conduit, infrastructure, and means or
points of access, and any Damage Prevention and
Underground Facilities Protection or related
requirements of the State;
(ii) an appropriate number of broadband
conduits, as determined in consultation with
the appropriate State agencies, are installed
along the right-of-way of a covered highway
construction project to accommodate multiple
broadband providers, with consideration given
to the availability of existing broadband
conduits;
(iii) the size of each broadband conduit is
consistent with industry best practices,
consistent with the requirements of part 645 of
title 23, Code of Federal Regulations, and
sufficient to accommodate anticipated demand,
as determined in consultation with the
appropriate State agencies;
(iv) any hand holes and manholes necessary
for fiber access and pulling with respect to
such conduit are placed at intervals consistent
with standards determined in consultation with
the appropriate State agencies (which may
differ by type of road, topologies, and
rurality) the requirements of part 645 of title
23, Code of Federal Regulations, and other
applicable safety requirements;
(v) each broadband conduit installed
pursuant to this paragraph includes a pull tape
and is capable of supporting fiber optic cable
placement techniques consistent with best
practices and the requirements of part 645 of
title 23, Code of Federal Regulations;
(vi) broadband conduit is placed at a depth
consistent with requirements of the covered
highway construction project and best practices
and that, in determining the depth of
placement, consideration is given to the
location of existing utilities and cable
separation requirements of State and local
electrical codes; and
(vii) installation of broadband conduit
shall not preclude the installation of other
specific socially, environmentally, or
economically beneficial uses of the right-of-
way, such as planned energy transmission or
renewable energy generation projects.
(C) Programmatic review.--The State department of
transportation may make determinations on the
implementation of the requirements described in
subparagraph (B) on a programmatic basis.
(D) Access.--
(i) In general.--The State department of
transportation shall ensure that any requesting
broadband provider has access to each broadband
conduit installed by the State pursuant to this
paragraph, on a competitively neutral and
nondiscriminatory basis and in accordance with
State permitting, licensing, leasing, or other
similar laws and regulations.
(ii) Socially beneficial use.--The
installation of broadband conduit as part of a
covered highway construction project shall be
considered a socially-beneficial use of the
right-of-way under section 156(b) of title 23,
United States Code.
(iii) In-kind compensation.--The State
department of transportation may negotiate in-
kind compensation with any broadband provider
requesting access to broadband conduit
installed under the provisions of this
paragraph.
(iv) Safety considerations.--The State
department of transportation shall provide for
a process for a broadband provider to safely
access to the highway right-of-way during
installation and on-going maintenance of the
broadband conduit and broadband infrastructure,
including a traffic control safety plan.
(v) Communication.--A broadband provider
with access to the conduit installed pursuant
to this subsection shall notify, and receive
permission from, the relevant agencies of State
responsible for the installation of such
broadband conduit prior to accessing any
highway or highway right-of-way, in accordance
with applicable Federal requirements.
(E) Treatment of projects.--Notwithstanding any
other provision of law, broadband conduit and broadband
infrastructure installation projects installed by a
State under this paragraph 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.
(e) Oversight.--
(1) In general.--The Secretary shall periodically review
compliance with the regulations issued pursuant to this section
and ensure that State waiver determinations are consistent with
such regulations.
(2) Efficient review.--The review described under paragraph
(1) may be carried out through the risk-based stewardship and
oversight program described under section 106(g) of title 23,
United States Code.
(3) Effect of subsection.--Nothing in this subsection shall
affect or discharge any oversight responsibility of the
Secretary specifically provided for under title 23, United
States Code, or any other Federal law.
(f) Additional Provisions.--
(1) Applicability.--
(A) In general.--The portion of the regulation
issued pursuant to subsection (b) relating to the
provisions under paragraph (3) of such subsection shall
not take effect until a source of dedicated funding for
the installation and long term maintenance of broadband
conduit described in subsection (g)(2) is established.
(B) Applicability date.--Paragraphs (2) through (4)
of subsection (b) and subsection (d) shall apply only
to covered highway construction projects for which
Federal obligations or expenditures are initially
approved on or after the date on which regulations
required under this subsection take effect.
(2) Rules of construction.--
(A) State law.--Nothing in this subsection shall be
construed to require a State to install or allow the
installation of broadband conduit or broadband
infrastructure--
(i) that is otherwise inconsistent with
what is allowable under State law; or
(ii) where the State lacks the authority
for such installation, such as any property
right or easement necessary for such
installation.
(B) No requirement for installation of mobile
services equipment.--Nothing in this section shall be
construed to require a State, a municipal government
incorporated under State law, or an Indian Tribe to
install or allow for the installation of equipment
essential for the provision of commercial mobile
services (as defined in section 332(d) of the
Communications Act of 1934 (47 U.S.C. 332(d))) or
commercial mobile data service (as defined in section
6001 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401)), other than broadband
conduit and associated equipment described in paragraph
(3)(B).
(3) Relation to state dig once requirements.--Nothing in
subsections (b), (c), (d), or (e) or any regulations issued
pursuant to subsection (b) shall be construed to alter or
supersede any provision of a State law or regulation that
provides for a dig once requirement that includes similar or
more stringent requirements to the provisions of subsections
(b), (c), (d), or (e) and any regulations promulgated under
subsection (b).
(g) Dig Once Funding Task Force.--
(1) Establishment.--The Secretary and the NTIA
Administrator shall jointly establish an independent task force
on funding the nationwide dig once requirement described in
this section to be known as the ``Dig Once Funding Task Force''
(hereinafter referred to as the ``Task Force'').
(2) Duties.--The duties of the Task Force shall be to--
(A) estimate the annual cost for implementing,
administering, and maintaining a nationwide dig once
requirement;
(B) propose and evaluate options for funding a
nationwide dig once requirement described in this
section that includes--
(i) a discussion of the role and potential
share of costs of--
(I) the Federal Government;
(II) State and local governments
and Indian tribes; and
(III) broadband providers
installing broadband conduit or
broadband infrastructure under this
section;
(ii) consideration of the role of existing
dig once requirements on States, local
governments, and Indian tribes and the role of
private broadband investment, with a goal to
not discourage or disincentivize such dig once
requirements or such investment; and
(iii) evaluating the appropriate entity or
entities responsible for maintaining the
broadband infrastructure and conduit installed
pursuant to a dig once requirement; and
(C) propose a cost-based model fee schedule for a
State to charge a broadband provider to access and use
conduit installed by such State pursuant to this
section that--
(i) shall consider costs (including
administrative costs) associated with
installation and long-term maintenance of the
broadband conduit installed pursuant to this
section;
(ii) may vary by topography, location, type
of road, rurality, and other factors; and
(iii) may consider financial and market
incentives for expanding broadband
infrastructure.
(3) Reports.--
(A) Interim report and briefing.--Not later than 9
months after the appointment of Members to the Task
Force under paragraph (4)(D), the Task Force shall--
(i) submit to Congress an interim report on
the findings of the Task Force; and
(ii) provide briefings for Congress on the
findings of the Task Force.
(B) Final report.--Not later than 3 months after
the submission of the interim report under subparagraph
(A), the Task Force shall submit to Congress a final
report on the findings of the Task Force.
(4) Members.--
(A) Appointments.--The Task Force shall consist of
14 members, comprising--
(i) 2 co-chairs described in subparagraph
(B);
(ii) 6 members jointly appointed by the
Speaker and minority leader of the House of
Representatives, in consultation with the
respective Chairs and Ranking Members of--
(I) the Committee on Transportation
and Infrastructure of the House of
Representatives;
(II) the Committee on Energy and
Commerce of the House of
Representatives; and
(III) the Committee on
Appropriations of the House of
Representatives; and
(iii) 6 members jointly appointed by the
majority leader and minority leader of the
Senate, in consultation with the respective
Chairs and Ranking Members of the--
(I) the Committee on Environment
and Public Works of the Senate;
(II) the Committee on Commerce,
Science, and Transportation of the
Senate; and
(III) the Committee on
Appropriations of the Senate.
(B) Co-chairs.--The Task Force shall be co-chaired
by the Secretary and the NTIA Administrator, or the
designees of the Secretary and NTIA Administrator.
(C) Composition.--The Task Force shall include at
least--
(i) 1 representative from a State
department of transportation;
(ii) 1 representative from a local
government;
(iii) 1 representative from an Indian
tribe;
(iv) 1 representative from a broadband
provider;
(v) 1 representative from a State or local
broadband provider;
(vi) 1 representative from a labor union;
and
(vii) 1 representative from a public
interest organization.
(D) Appointment deadline.--Members shall be
appointed to the Task Force not later than 60 days
after the date of enactment of this Act.
(E) Terms.--Members shall be appointed for the life
of the Task Force. A vacancy in the Task Force shall
not affect the powers of the Task Force and the vacancy
shall be filled in the same manner as the initial
appointment was made.
(5) Consultations.--In carrying out the duties required
under this subsection, the Task Force shall consult, at a
minimum--
(A) the Federal Communications Commission;
(B) agencies of States including--
(i) State departments of transportation;
and
(ii) appropriate State agencies;
(C) agencies of local governments responsible for
transportation and rights-of-way, utilities, and
telecommunications and broadband;
(D) Indian tribes;
(E) broadband providers and other
telecommunications providers;
(F) labor unions; and
(G) State or local broadband providers and Indian
tribes that act as broadband providers.
(6) Additional provisions.--
(A) Expenses for non-federal members.--Non-Federal
members of the Task Force shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees under subchapter I of
chapter 57 of title 5, United States Code, while away
from the homes or regular places of business of such
members in the performance of services for the Task
Force.
(B) Staff.--Staff of the Task Force shall comprise
detailees with relevant expertise from the Department
of Transportation and the National Telecommunications
and Information Administration, or another Federal
agency that the co-chairpersons consider appropriate,
with the consent of the head of the Federal agency, and
such detailees shall retain the rights, status, and
privileges of the regular employment of such detailees
without interruption.
(C) Administrative assistance.--The Secretary and
NTIA Administrator shall provide to the Task Force on a
reimbursable basis administrative support and other
services for the performance of the functions of the
Task Force.
(7) Termination.--The Task Force shall terminate not later
than 90 days after submission of the final report required
under paragraph (3)(B).
SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation and the
Administrator shall seek to enter into an agreement with the
Transportation Research Board of the National Academy of
Sciences to under which the Transportation Research Board shall
conduct a study--
(A) to estimate pollutant loads from stormwater
runoff from highways and pedestrian facilities eligible
for assistance under title 23, United States Code, to
inform the development of appropriate total maximum
daily load requirements;
(B) to provide recommendations (including
recommended revisions to existing laws and regulations)
regarding the evaluation and selection by State
departments of transportation of potential stormwater
management and total maximum daily load compliance
strategies within a watershed, including environmental
restoration and pollution abatement carried out under
section 328 of title 23, United States Code;
(C) to examine the potential for the Secretary to
assist State departments of transportation in carrying
out and communicating stormwater management practices
for highways and pedestrian facilities that are
eligible for assistance under title 23, United States
Code, through information-sharing agreements, database
assistance, or an administrative platform to provide
the information described in subparagraphs (A) and (B)
to entities issued permits under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.); and
(D) to examine the benefit of concentrating
stormwater retrofits in impaired watersheds and
selecting such retrofits according to a process that
depends on a watershed management plan developed in
accordance with section 319 of the Federal Water
Pollution Control Act (33 U.S.C. 1329).
(2) Requirements.--In conducting the study under the
agreement entered into pursuant to paragraph (1), the
Transportation Research Board shall--
(A) review and supplement, as appropriate, the
methodologies examined and recommended in the 2019
report of the National Academies of Sciences,
Engineering, and Medicine titled ``Approaches for
Determining and Complying with TMDL Requirements
Related to Roadway Stormwater Runoff'';
(B) consult with--
(i) the Secretary of Transportation;
(ii) the Secretary of Agriculture;
(iii) the Administrator;
(iv) the Secretary of the Army, acting
through the Chief of Engineers; and
(v) State departments of Transportation;
and
(C) solicit input from--
(i) stakeholders with experience in
implementing stormwater management practices
for projects; and
(ii) educational and technical stormwater
management groups.
(3) Report.--In carrying out the agreement entered into
pursuant to paragraph (1), not later than 18 months after the
date of enactment of this Act, the Transportation Research
Board shall submit to the Secretary of Transportation, the
Administrator, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Environment and Public Works of the Senate a
report describing the results of the study.
(b) Stormwater Best Management Practices Reports.--
(1) Reissuance.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall update and
reissue the best management practices reports to reflect new
information and advancements in stormwater management.
(2) Updates.--Not less frequently than once every 5 years
after the date on which the Secretary reissues the best
management practices reports under paragraph (1), the Secretary
shall update and reissue the best management practices reports,
unless the contents of the best management practices reports
have been incorporated (including by reference) into applicable
regulations of the Secretary.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best management practices reports.--The term ``best
management practices reports'' means--
(A) the 2014 report sponsored by the Department of
Transportation titled ``Determining the State of the
Practice in Data Collection and Performance Measurement
of Stormwater Best Management Practices'' (FHWA-HEP-16-
021); and
(B) the 2000 report sponsored by the Department of
Transportation titled ``Stormwater Best Management
Practices in an Ultra-Urban Setting: Selection and
Monitoring''.
(3) Total maximum daily load.--The term ``total maximum
daily load'' has the meaning given such term in section 130.2
of title 40, Code of Federal Regulations (or successor
regulations).
SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Architectural and Transportation Barriers
Compliance Board under the authority of section 502(b)(3) of the
Rehabilitation Act of 1973 (29 U.S.C. 792(b)(3)), shall publish final
accessibility guidelines setting forth minimum standards for pedestrian
facilities in the public right-of-way, including shared use paths.
(b) Adoption of Regulations.--Not later than 180 days after the
establishment of the guidelines pursuant to subsection (a), the
Secretary shall issue such regulations as are necessary to adopt such
guidelines.
SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT.
(a) Highway Formula Modernization Study.--
(1) In general.--The Secretary of Transportation, in
consultation with the State departments of transportation and
representatives of local governments (including metropolitan
planning organizations), shall conduct a highway formula
modernization study to assess the method and data used to
apportion Federal-aid highway funds under subsections (b) and
(c) of section 104 of title 23, United States Code, and issue
recommendations on such method and data.
(2) Assessment.--The highway formula modernization study
required under paragraph (1) shall include an assessment of,
based on the latest available data, whether the apportionment
method under such section results in--
(A) an equitable distribution of funds based on the
estimated tax payments attributable to--
(i) highway users in the State that are
paid into the Highway Trust Fund; and
(ii) individuals in the State that are paid
to the Treasury, based on contributions to the
Highway Trust Fund from the general fund of the
Treasury; and
(B) the achievement of the goals described in
section 101(b)(3) of title 23, United States Code.
(3) Considerations.--In carrying out the assessment under
paragraph (2), the Secretary shall consider the following:
(A) The factors described in sections 104(b),
104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23,
United States Code, as in effect on the date of
enactment of SAFETEA-LU (Public Law 109-59).
(B) The availability and accuracy of data necessary
to calculate formula apportionments under the factors
described in subparagraph (A).
(C) The measures established under section 150 of
title 23, United States Code, and whether such measures
are appropriate for consideration as formula
apportionment factors.
(D) The results of the CMAQ formula modernization
study required under subsection (b).
(E) Inclusion of the Commonwealth of Puerto Rico in
the apportionment under subsections (b) and (c) of
section 104 of such title, including an estimate of the
anticipated contributions to the Highway Trust Fund
from the citizens of Puerto Rico if Puerto Rico was
subject to applicable highway user fees.
(F) A needs-based assessment of the share of
Federal-aid highway funds that should be made available
to the territories described under section 165(c) of
such title.
(G) Any other factors that the Secretary determines
are appropriate.
(4) Recommendations.--The Secretary shall, in consultation
with the State departments of transportation and
representatives of local governments (including metropolitan
planning organizations), develop recommendations on a new
apportionment method, including--
(A) the factors recommended to be included in such
apportionment method;
(B) the weighting recommended to be applied to the
factors under subparagraph (A); and
(C) any other recommendations to ensure that the
apportionment method best achieves an equitable
distribution of funds described under paragraph (2)(A)
and the goals described in paragraph (2)(B).
(b) CMAQ Formula Modernization Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Administrator of the Environmental
Protection Agency, shall conduct an CMAQ formula modernization
study to assess whether the apportionment method under section
104(b)(4) of title 23, United States Code, results in a
distribution of funds that best achieves the air quality goals
of section 149 of such title.
(2) Considerations.--In providing consultation under this
subsection, the Administrator of the Environmental Protection
Agency shall provide to the Secretary an analysis of--
(A) factors that contribute to the apportionment,
including population, types of pollutants, and severity
of pollutants, as such factors were determined on the
date prior to the date of enactment of MAP-21;
(B) the weighting of the factors listed under
subparagraph (A); and
(C) the recency of the data used in making the
apportionment under section 104(b)(4) of title 23,
United States Code.
(3) Recommendations.--If, in conducting the study under
this subsection, the Secretary finds that modifying the
apportionment method under section 104(b)(4) of title 23,
United States Code, would best achieve the air quality goals of
section 149 of title 23, United States Code, the Secretary
shall, in consultation with the Administrator, include in such
study recommendations for a new apportionment method,
including--
(A) the factors recommended to be included in such
apportionment method;
(B) the weighting recommended to be applied to the
factors under subparagraph (A); and
(C) any other recommendations to ensure that the
apportionment method best achieves the air quality
goals section 149 of such title.
(c) Report.--No later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report containing the
results of the highway formula modernization study and the CMAQ formula
modernization study.
SEC. 1607. CONSOLIDATION OF PROGRAMS.
Section 1519 of MAP-21 (Public Law 112-141) is amended--
(1) in subsection (a)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2023 through 2026''; and
(B) by striking ``$3,500,000'' and inserting
``$4,000,000'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Federal Share.--The Federal share of the cost of a project or
activity carried out under subsection (a) shall be 100 percent.''.
SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report that describes the efforts of the Department of Transportation
to encourage elementary, secondary, and post-secondary students to
pursue careers in the surface transportation sector.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a description of efforts to increase awareness of
careers related to surface transportation among elementary,
secondary, and post-secondary students;
(2) a description of efforts to prepare and inspire such
students for surface transportation careers;
(3) a description of efforts to support the development of
a diverse, well-qualified workforce for future surface
transportation needs; and
(4) the effectiveness of the efforts described in
paragraphs (1) through (3).
SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE
TRANSPORTATION WORKFORCE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall establish a task
force on developing a 21st century surface transportation workforce (in
this section referred to as the ``Task Force'').
(b) Duties.--Not later than 12 months after the establishment of
the Task Force under subsection (a), the Task Force shall develop and
submit to the Secretary recommendations and strategies for the
Department of Transportation to--
(1) evaluate the current and future state of the surface
transportation workforce, including projected job needs in the
surface transportation sector;
(2) identify factors influencing individuals pursuing
careers in surface transportation, including barriers to
attracting individuals into the workforce;
(3) address barriers to retaining individuals in surface
transportation careers;
(4) identify and address potential impacts of emerging
technologies on the surface transportation workforce;
(5) increase access for vulnerable or underrepresented
populations, especially women and minorities, to high-skill,
in-demand surface transportation careers;
(6) facilitate and encourage elementary, secondary, and
post-secondary students in the United States to pursue careers
in the surface transportation sector; and
(7) identify and develop pathways for students and
individuals to secure pre-apprenticeships, registered
apprenticeships, and other work-based learning opportunities in
the surface transportation sector of the United States.
(c) Considerations.--In developing recommendations and strategies
under subsection (b), the Task Force shall--
(1) identify factors that influence whether young people
pursue careers in surface transportation, especially
traditionally underrepresented populations, including women and
minorities;
(2) consider how the Department, businesses, industry,
labor, educators, and other stakeholders can coordinate efforts
to support qualified individuals in pursuing careers in the
surface transportation sector;
(3) identify methods of enhancing surface transportation
pre-apprenticeships and registered apprenticeships, job skills
training, mentorship, education, and outreach programs that are
exclusive to youth in the United States; and
(4) identify potential sources of funding, including grants
and scholarships, that may be used to support youth and other
qualified individuals in pursuing careers in the surface
transportation sector.
(d) Consultation.--In developing the recommendations and strategies
required under subsection (b), the Task Force may consult with--
(1) local educational agencies and institutes of higher
education, including community colleges and vocational schools;
and
(2) State workforce development boards.
(e) Report.--Not later than 60 days after the submission of the
recommendations and strategies under subsection (b), the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a report containing such recommendations and
strategies.
(f) Composition of Task Force.--The Secretary shall appoint members
to the Task Force whose diverse background and expertise allow such
members to contribute balanced points of view and ideas in carrying out
this section, comprised of equal representation from each of the
following:
(1) Industries in the surface transportation sector.
(2) Surface transportation sector labor organizations.
(3) Such other surface transportation stakeholders and
experts as the Secretary considers appropriate.
(g) Period of Appointment.--Members shall be appointed to the Task
Force for the duration of the existence of the Task Force.
(h) Compensation.--Task Force members shall serve without
compensation.
(i) Sunset.--The Task Force shall terminate upon the submission of
the report required under subsection (e).
(j) Definitions.--In this section:
(1) Pre-apprenticeship.--The term ``pre-apprenticeship''
means a training model or program that prepares individuals for
acceptance into a registered apprenticeship and has a
demonstrated partnership with one or more registered
apprenticeships.
(2) Registered apprenticeship.--The term ``registered
apprenticeship'' means an apprenticeship program registered
under the Act of August 16, 1937 (29 U.S.C. 50 et seq.;
commonly known as the ``National Apprenticeship Act''), that
satisfies the requirements of parts 29 and 30 of title 29, Code
of Federal Regulations (as in effect on January 1, 2020).
SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES.
Section 140(b) of title 23, United States Code, is amended to read
as follows:
``(b) Workforce Training and Development.--
``(1) In general.--The Secretary, in cooperation with the
Secretary of Labor and any other department or agency of the
Government, State agency, authority, association, institution,
Indian Tribe or Tribal organization, corporation (profit or
nonprofit), or any other organization or person, is authorized
to develop, conduct, and administer surface transportation and
technology training, including skill improvement programs, and
to develop and fund summer transportation institutes.
``(2) State responsibilities.--A State department of
transportation participating in the program under this
subsection shall--
``(A) develop an annual workforce plan that
identifies immediate and anticipated workforce gaps and
underrepresentation of women and minorities and a
detailed plan to fill such gaps and address such
underrepresentation;
``(B) establish an annual workforce development
compact with the State workforce development board and
appropriate agencies to provide a coordinated approach
to workforce training, job placement, and
identification of training and skill development
program needs, which shall be coordinated to the extent
practical with an institution or agency, such as a
State workforce development board under section 101 of
the Workforce Innovation and Opportunities Act (29
U.S.C. 3111), that has established skills training,
recruitment, and placement resources; and
``(C) demonstrate program outcomes, including--
``(i) impact on areas with transportation
workforce shortages;
``(ii) diversity of training participants;
``(iii) number and percentage of
participants obtaining certifications or
credentials required for specific types of
employment;
``(iv) employment outcome, including job
placement and job retention rates and earnings,
using performance metrics established in
consultation with the Secretary of Labor and
consistent with metrics used by programs under
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.); and
``(v) to the extent practical, evidence
that the program did not preclude workers that
participate in training or registered
apprenticeship activities under the program
from being referred to, or hired on, projects
funded under this chapter.
``(3) Funding.--From administrative funds made available
under section 104(a), the Secretary shall deduct such sums as
necessary, not to exceed $10,000,000 in each fiscal year, for
the administration of this subsection. Such sums shall remain
available until expended.
``(4) Nonapplicability of title 41.--Subsections (b)
through (d) of section 6101 of title 41 shall not apply to
contracts and agreements made under the authority granted to
the Secretary under this subsection.
``(5) Use of surface transportation program and national
highway performance program funds.--Notwithstanding any other
provision of law, not to exceed \1/2\ of 1 percent of funds
apportioned to a State under paragraph (1) or (2) of section
104(b) may be available to carry out this subsection upon
request of the State transportation department to the
Secretary.''.
SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING FLEXIBILITY.
(a) In General.--Any funds made available to a State for the
Appalachian development highway system program under subtitle IV of
title 40, United States Code, before the date of enactment of this Act
may be used, at the request of such State to the Secretary of
Transportation, for the purposes described in section 133(b) of title
23, United States Code.
(b) Limitation.--The authority in subsection (a) may only be used
by an Appalachian development highway system State if all of the
Appalachian development highway system corridors authorized by subtitle
IV of title 40, United States Code, in such State, have been fully
completed and are open to traffic prior to the State making a request
to the Secretary as described in subsection (a).
SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT PROGRAM.
Section 504 of title 23, United States Code, is amended--
(1) in subsection (e)(1) by inserting ``and (8) through
(9)'' after ``paragraphs (1) through (4)''; and
(2) in subsection (f) by adding at the end the following:
``(4) Reports.--The Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual report that includes--
``(A) a list of all grant recipients under this
subsection;
``(B) an explanation of why each recipient was
chosen in accordance with the criteria under paragraph
(2);
``(C) a summary of each recipient's objective to
carry out the purpose described in paragraph (1) and an
analysis of progress made toward achieving each such
objective;
``(D) an accounting for the use of Federal funds
obligated or expended in carrying out this subsection;
and
``(E) an analysis of outcomes of the program under
this subsection.''.
SEC. 1613. WORKING GROUP ON CONSTRUCTION RESOURCES.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a working group (in this section referred to as the ``Working Group'')
to conduct a study on access to covered resources for infrastructure
projects.
(b) Membership.--
(1) Appointment.--The Secretary shall appoint to the
Working Group individuals with knowledge and expertise in the
production and transportation of covered resources.
(2) Representation.--The Working Group shall include at
least one representative of each of the following:
(A) State departments of transportation.
(B) State agencies associated with covered
resources protection.
(C) State planning and geologic survey and mapping
agencies.
(D) Commercial motor vehicle operators, including
small business operators and operators who transport
covered resources.
(E) Covered resources producers.
(F) Construction contractors.
(G) Labor organizations.
(H) Metropolitan planning organizations and
regional planning organizations.
(I) Indian Tribes.
(J) Any other stakeholders that the Secretary
determines appropriate.
(3) Termination.--The Working Group shall terminate 6
months after the date on which the Secretary receives the
report under subsection (e)(1).
(c) Duties.--In carrying out the study required under subsection
(a), the Working Group shall analyze--
(1) the use of covered resources in transportation projects
funded with Federal dollars;
(2) how the proximity of covered resources to such projects
affects the cost and environmental impact of such projects;
(3) whether and how State, Tribal, and local transportation
and planning agencies consider covered resources when
developing transportation projects; and
(4) any challenges for transportation project sponsors
regarding access and proximity to covered resources.
(d) Consultation.--In carrying out the study required under
subsection (a), the Working Group shall consult with, as appropriate--
(1) chief executive officers of States;
(2) State and local transportation planning agencies;
(3) Indian Tribes;
(4) other relevant State, Tribal, and local agencies,
including State agencies associated with covered resources
protection;
(5) members of the public with industry experience with
respect to covered resources;
(6) other Federal entities that provide funding for
transportation projects; and
(7) any other stakeholder the Working Group determines
appropriate.
(e) Reports.--
(1) Working group report.--Not later than 2 years after the
date on which the Working Group is established, the Working
Group shall submit to the Secretary a report that includes--
(A) the findings of the study required under
subsection (a), including a summary of comments
received during the consultation process under
subsection (d); and
(B) any recommendations to preserve access to and
reduce the costs and environmental impacts of covered
resources for infrastructure projects.
(2) Departmental report.--Not later than 3 months after the
date on which the Secretary receives the report under paragraph
(1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a summary of the findings under such report
and any recommendations, as appropriate.
(f) Definitions.--In this section:
(1) Covered resources.--The term ``covered resources''
means common variety materials used in transportation
infrastructure construction and maintenance, including stone,
sand, and gravel.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or
possession of the United States.
SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTERCHANGES.
(a) In General.--Notwithstanding section 315 of title 23, United
States Code, and section 1.36 of title 23, Code of Federal Regulations,
the Secretary of Transportation may not impose a penalty on a State
that does not comply with section 2E.31 of the Manual on Uniform
Traffic Control Devices (or a successor section) with respect to the
numbering of highway interchanges.
(b) Applicability.--Subsection (a) shall only apply to a method of
numbering of a highway interchange in effect on the date of enactment
of this Act.
SEC. 1615. TOLL CREDITS.
(a) Purposes.--The Secretary of Transportation shall--
(1) identify the extent of the demand to purchase toll
credits;
(2) identify the expected cash price of toll credits;
(3) analyze the impact of the exchange of toll credits on
transportation expenditures; and
(4) identify any other repercussions of establishing a toll
credit exchange.
(b) Solicitation.--To carry out the requirements of this section,
the Secretary shall solicit information from States eligible to use a
credit under section 120(i) of title 23, United States Code,
including--
(1) the amount of unused toll credits, including--
(A) toll revenue generated and the sources of that
revenue;
(B) toll revenue used by public, quasi-public, and
private agencies to build, improve, or maintain
highways, bridges, or tunnels that serve the public
purpose of interstate commerce; and
(C) an accounting of any Federal funds used by the
public, quasi-public, or private agency to build,
improve, or maintain the toll facility, to validate
that the credit has been reduced by a percentage equal
to the percentage of the total cost of building,
improving, or maintaining the facility that was derived
from Federal funds;
(2) the documentation of maintenance of effort for toll
credits earned by the State; and
(3) the accuracy of the accounting system of the State to
earn and track toll credits.
(c) Website.--The Secretary shall make available a publicly
accessible website on which a State eligible to use a credit under
section 120(i) of title 23, United States Code shall publish the
information described under subsection (b)(1).
(d) Evaluation and Recommendations to Congress.--Not later than 2
years after the date of enactment of this Act, the Secretary shall
provide to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available on the website of the
Department of Transportation--
(1) an evaluation of the accuracy of the accounting and
documentation of toll credits earned under section 120(i);
(2) a determination whether a toll credit marketplace is
viable and cost effective;
(3) estimates, to the extent possible, of the average sale
price of toll credits; and
(4) recommendations on any modifications necessary,
including legislative changes, to establish and implement a
toll credit exchange program.
(e) Definition.--In this section, the term ``State'' has the
meaning given the term in section 101(a) of title 23, United States
Code.
SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS PROCUREMENT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall initiate a
review of the procurement processes used by State departments of
transportation to select construction materials on projects utilizing
Federal-aid highway funds.
(b) Contents.--The review under subsection (a) shall include--
(1) a review of competitive practices in the bidding
process for transportation construction materials;
(2) a list of States that currently issue bids that include
flexibility in the type of construction materials used to meet
the project specifications;
(3) any information provided by States on considerations
that influence the decision to include competition by type of
material in transportation construction projects;
(4) any data on whether issuing bids that include
flexibility in the type of construction materials used to meet
the project specifications will affect project costs over the
lifecycle of an asset;
(5) any data on the degree to which competition leads to
greater use of sustainable, innovative, or resilient materials;
and
(6) an evaluation of any barriers to more widespread use of
competitive bidding processes for transportation construction
materials.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate, and make
publicly available, a report on the review initiated by the Secretary
pursuant to this section.
SEC. 1617. NATIONWIDE ROAD SAFETY ASSESSMENT.
(a) In General.--The Secretary of Transportation shall, every 2
years, conduct nationwide, on-the-ground road safety assessments
focused on pedestrian and bicycle safety in each State.
(b) Requirements.--The assessments required under subsection (a)
shall be conducted--
(1) by Department of Transportation field offices from the
Federal Highway Administration, the National Highway
Transportation Safety Administration, the Federal Transit
Administration, and the Federal Motor Carrier Safety
Administration; and
(2) in consultation with--
(A) State and local agencies with jurisdiction over
pedestrian and bicycle safety;
(B) pedestrian safety and bicycle safety advocacy
organizations; and
(C) other relevant pedestrian and bicycle safety
stakeholders.
(c) Purposes.--The purpose of the assessments under this section is
to--
(1) identify and examine specific locations with documented
or perceived problems with pedestrian and bicycle safety and
access;
(2) examine barriers to providing safe pedestrian and
bicycle access to transportation infrastructure; and
(3) develop and issue recommendations designed to
effectively address specific safety and access issues and
enhance pedestrian and bicycle safety in high risk areas.
(d) Report on State Assessments.--Upon completion of the assessment
of a State, the Secretary shall issue, and make available to the
public, a report containing the assessment that includes--
(1) a list of locations that have been assessed as
presenting a danger to pedestrians or bicyclists; and
(2) recommendations to enhance pedestrian and bicycle
safety in those locations.
(e) Report on Nationwide Program.--Upon completion of the biannual
assessment nationwide required under this section, the Secretary shall
issue, and make available to the public, that covers assessments for
all jurisdictions and also present it to the congressional
transportation committees.
(f) National Pedestrian and Bicycle Safety Database.--The
Secretary, in order to enhance pedestrian and bicycle safety and
improve information sharing on pedestrian and bicycle safety challenges
between the Federal Government and State and local governments, shall
maintain a national pedestrian and bicycle safety database that
includes--
(1) a list of high-risk intersections, roads, and highways
with a documented history of pedestrian or bicycle accidents or
fatalities and details regarding those incidents; and
(2) information on corrective measures that have been
implemented at the State, local, or Federal level to enhance
pedestrian and bicyclist safety at those high risk areas,
including details on the nature and date of corrective action.
(g) State Defined.--In this section, the term ``State'' means each
of the States, the District of Columbia, and Puerto Rico.
SEC. 1618. CLIMATE RESILIENT TRANSPORTATION INFRASTRUCTURE STUDY.
(a) Climate Resilient Transportation Infrastructure Study.--Not
later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall enter into an agreement with the
Transportation Research Board of the National Academies to conduct a
study of the actions needed to ensure that Federal agencies are taking
into account current and future climate conditions in planning,
designing, building, operating, maintaining, investing in, and
upgrading any federally funded transportation infrastructure
investments.
(b) Methodologies.--In conducting the study, the Transportation
Research Board shall build on the methodologies examined and
recommended in--
(1) the 2018 report issued the American Society of Civil
Engineers, titled ``Climate-Resilient Infrastructure: Adaptive
Design and Risk Management''; and
(2) the report issued by the California Climate-Safe
Infrastructure Working Group, titled ``Paying it Forward: The
Path Toward Climate-Safe Infrastructure in California''.
(c) Contents of Study.--The study shall include specific
recommendations regarding the following:
(1) Integrating scientific knowledge of projected climate
change impacts, and other relevant data and information, into
Federal infrastructure planning, design, engineering,
construction, operation and maintenance.
(2) Addressing critical information gaps and challenges.
(3) Financing options to help fund climate-resilient
infrastructure.
(4) A platform or process to facilitate communication
between climate scientists and other experts with
infrastructure planners, engineers and other relevant experts.
(5) A stakeholder process to engage with representatives of
State, local, tribal and community groups.
(6) A platform for tracking Federal funding of climate-
resilient infrastructure.
(7) Labor and workforce needs to implement climate-
resilient transportation infrastructure projects including new
and emerging skills, training programs, competencies and
recognized postsecondary credentials that may be required to
adequately equip the workforce.
(8) Outlining how Federal infrastructure planning, design,
engineering, construction, operation, and maintenance impact
the environment and public health of disproportionately exposed
communities. For purposes of this paragraph, the term
``disproportionately exposed communities'' means a community in
which climate change, pollution, or environmental destruction
have exacerbated systemic racial, regional, social,
environmental, and economic injustices by disproportionately
affecting indigenous peoples, communities of color, migrant
communities, deindustrialized communities, depopulated rural
communities, the poor, low-income workers, women, the elderly,
people experiencing homelessness, people with disabilities,
people who are incarcerated, or youth.
(d) Considerations.--In carrying out the study, the Transportation
Research Board shall determine the need for information related to
climate resilient transportation infrastructure by considering--
(1) the current informational and institutional barriers to
integrating projected infrastructure risks posed by climate
change into federal infrastructure planning, design,
engineering, construction, operation and maintenance;
(2) the critical information needed by engineers, planners
and those charged with infrastructure upgrades and maintenance
to better incorporate climate change risks and impacts over the
lifetime of projects;
(3) how to select an appropriate, adaptive engineering
design for a range of future climate scenarios as related to
infrastructure planning and investment;
(4) how to incentivize and incorporate systems thinking
into engineering design to maximize the benefits of multiple
natural functions and emissions reduction, as well as regional
planning;
(5) how to take account of the risks of cascading
infrastructure failures and develop more holistic approaches to
evaluating and mitigating climate risks;
(6) how to ensure that investments in infrastructure
resilience benefit all communities, including communities of
color, low-income communities and Indian Tribes that face a
disproportionate risk from climate change and in many cases
have experienced long-standing unmet needs and underinvestment
in critical infrastructure;
(7) how to incorporate capital assessment and planning
training and techniques, including a range of financing options
to help local and State governments plan for and provide
matching funds;
(8) how federal agencies can track and monitor federally
funded resilient infrastructure in a coordinated fashion to
help build the understanding of the cost-benefit of resilient
infrastructure and to build the capacity for implementing
resilient infrastructure; and
(9) the occupations, skillsets, training programs,
competencies and recognized postsecondary credentials that will
be needed to implement such climate-resilient transportation
infrastructure projects, and how to ensure that any new jobs
created by such projects ensure that priority hiring
considerations are given to individuals facing barriers to
employment, communities of color, low-income communities and
Indian Tribes that face a disproportionate risk from climate
change and have been excluded from job opportunities.
(e) Consultation.--In carrying out the study, the Transportation
Research Board--
(1) shall convene and consult with a panel of national
experts, including operators and users of Federal
transportation infrastructure and private sector stakeholders;
and
(2) is encouraged to consult with--
(A) representatives from the thirteen federal
agencies that comprise the United States Global Change
Research Program;
(B) representatives from the Department of the
Treasury;
(C) professional engineers with relevant expertise
in infrastructure design;
(D) scientists from the National Academies with
relevant expertise;
(E) scientists, social scientists and experts from
academic and research institutions who have expertise
in climate change projections and impacts; engineering;
architecture; or other relevant areas of expertise;
(F) licensed architects with relevant experience in
infrastructure design;
(G) certified planners;
(H) representatives of State and local governments
and Indian Tribes;
(I) representatives of environmental justice
groups; and
(J) representatives of labor unions that represent
key trades and industries involved in infrastructure
projects.
(f) Report.--Not later than 3 years after the date of enactment of
this Act, the Transportation Research Board shall submit to the
Secretary, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Environment and Public
Works of the Senate a report on the results of the study conducted
under this section.
SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO EMISSION VEHICLES.
Subsection (s) of section 127 of title 23, United States Code is
amended to read as follows:
``(s) Natural Gas, Electric Battery, and Zero Emission Vehicles.--A
vehicle, if operated by an engine fueled primarily by natural gas,
powered primarily by means of electric battery power, or fueled
primarily by means of other zero emission fuel technologies, may exceed
the weight limit on the power unit by up to 2,000 pounds (up to a
maximum gross vehicle weight of 82,000 pounds) under this section.''.
SEC. 1620. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, and consistent with
guidance issued by the Federal Emergency Management Agency
pursuant to section 1209 of the Disaster Recovery Reform Act of
2018 (Public Law 115-254), shall revise existing guidance or
issue new guidance as appropriate for State and local
governments and Indian Tribes regarding the design,
construction, maintenance, and repair of evacuation routes.
(2) Considerations.--In revising or issuing guidance under
subsection (a)(1), the Administrator of the Federal Highway
Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability,
including flammability and hydrostatic forces;
(ii) improve durability, strength
(including the ability to withstand tensile
stresses and compressive stresses), and
sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively
manage contraflow operations;
(C) for evacuation routes on public lands, the
viewpoints of the applicable Federal land management
agency regarding emergency operations, sustainability,
and resource protection; and
(D) such other items the Administrator of the
Federal Highway Administration considers appropriate.
(3) Report.--In the case in which the Administrator of the
Federal Highway Administration, in consultation with the
Administrator of the Federal Emergency Management Agency,
concludes existing guidance addresses the considerations in
paragraph (2), The Administrator of the Federal Highway
Administration shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
detailed report describing how existing guidance addresses such
considerations.
(b) Study.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the Federal
Emergency Management Agency and State, local, territorial governments,
and Indian Tribes, shall--
(1) conduct a study of the adequacy of available evacuation
routes to accommodate the flow of evacuees; and
(2) submit recommendations to Congress on how to help with
anticipated evacuation route flow, based on the study conducted
under paragraph (1).
SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) Identification.--
(1) Central texas corridor.--Section 1105(c)(84) of the
Intermodal Surface Transportation Efficiency Act of 1991 is
amended to read as follows:
``(84) The Central Texas Corridor, including the route--
``(A) commencing in the vicinity of Texas Highway
338 in Odessa, Texas, running eastward generally
following Interstate Route 20, connecting to Texas
Highway 158 in the vicinity of Midland, Texas, then
following Texas Highway 158 eastward to United States
Route 87 and then following United States Route 87
southeastward, passing in the vicinity of San Angelo,
Texas, and connecting to United States Route 190 in the
vicinity of Brady, Texas;
``(B) commencing at the intersection of Interstate
Route 10 and United States Route 190 in Pecos County,
Texas, and following United States Route 190 to Brady,
Texas;
``(C) following portions of United States Route 190
eastward, passing in the vicinity of Fort Hood,
Killeen, Belton, Temple, Bryan, College Station,
Huntsville, Livingston, Woodville, and Jasper, to the
logical terminus of Texas Highway 63 at the Sabine
River Bridge at Burrs Crossing and including a loop
generally encircling Bryan/College Station, Texas;
``(D) following United States Route 83 southward
from the vicinity of Eden, Texas, to a logical
connection to Interstate Route 10 at Junction, Texas;
``(E) following United States Route 69 from
Interstate Route 10 in Beaumont, Texas, north to United
States Route 190 in the vicinity of Woodville, Texas;
``(F) following United States Route 96 from
Interstate Route 10 in Beaumont, Texas, north to United
States Route 190 in the vicinity of Jasper, Texas; and
``(G) following United States Route 190, State
Highway 305, and United States Route 385 from
Interstate Route 10 in Pecos County, Texas to
Interstate 20 at Odessa, Texas.''.
(2) Central louisiana corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 is
amended by adding at the end the following:
``(91) The Central Louisiana Corridor commencing at the
logical terminus of Louisiana Highway 8 at the Sabine River
Bridge at Burrs Crossing and generally following portions of
Louisiana Highway 8 to Leesville, Louisiana, and then eastward
on Louisiana Highway 28, passing in the vicinity of Alexandria,
Pineville, Walters, and Archie, to the logical terminus of
United States Route 84 at the Mississippi River Bridge at
Vidalia, Louisiana.''.
(3) Central mississippi corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(92) The Central Mississippi Corridor, including the
route--
``(A) commencing at the logical terminus of United
States Route 84 at the Mississippi River and then
generally following portions of United States Route 84
passing in the vicinity of Natchez, Brookhaven,
Monticello, Prentiss, and Collins, to Interstate 59 in
the vicinity of Laurel, Mississippi, and continuing on
Interstate Route 59 north to Interstate Route 20 and on
Interstate Route 20 to the Mississippi-Alabama State
Border; and
``(B) commencing in the vicinity of Laurel,
Mississippi, running south on Interstate Route 59 to
United States Route 98 in the vicinity of Hattiesburg,
connecting to United States Route 49 south then
following United States Route 49 south to Interstate
Route 10 in the vicinity of Gulfport and following
Mississippi Route 601 southerly terminating near the
Mississippi State Port at Gulfport.''.
(4) Middle alabama corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(93) The Middle Alabama Corridor including the route--
``(A) beginning at the Alabama-Mississippi Border
generally following portions of I-20 until following a
new interstate extension paralleling United States
Highway 80 specifically:
``(B) crossing Alabama Route 28 near Coatopa,
Alabama, traveling eastward crossing United States
Highway 43 and Alabama Route 69 near Selma, Alabama,
traveling eastwards closely paralleling United States
Highway 80 to the south crossing over Alabama Routes
22, 41, and 21, until its intersection with I-65 near
Hope Hull, Alabama;
``(C) continuing east along the proposed Montgomery
Outer Loop south of Montgomery, Alabama where it would
next join with I-85 east of Montgomery, Alabama;
``(D) continuing along I-85 east bound until its
intersection with United States Highway 280 near
Opelika, Alabama or United States Highway 80 near
Tuskegee, Alabama; and
``(E) generally following the most expedient route
until intersecting with existing United States Highway
80 (JR Allen Parkway) through Phenix City until
continuing into Columbus, Georgia.''.
(5) Middle georgia corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(94) The Middle Georgia Corridor including the route--
``(A) beginning at the Alabama-Georgia Border
generally following the Fall Line Freeway from Columbus
Georgia to Augusta, Georgia specifically:
``(B) travelling along United States Route 80 (JR
Allen Parkway) through Columbus, Georgia and near Fort
Benning, Georgia, east to Talbot County, Georgia where
it would follow Georgia Route 96, then commencing on
Georgia Route 49C (Fort Valley Bypass) to Georgia Route
49 (Peach Parkway) to its intersection with Interstate
route 75 in Byron, Georgia;
``(C) continuing north along Interstate Route 75
through Warner Robins and Macon, Georgia where it would
meet Interstate Route 16. Following Interstate 16 east
it would next join United States Route 80 and then onto
State Route 57; and
``(D) commencing with State Route 57 which turns
into State Route 24 near Milledgeville, Georgia would
then bypass Wrens, Georgia with a newly constructed
bypass. After the bypass it would join United States
Route 1 near Fort Gordon into Augusta, Georgia where it
will terminate at Interstate Route 520.''.
(6) Louisiana capital region.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(95) The Louisiana Capital Region High Priority Corridor,
which shall generally follow--
``(A) Interstate 10, between its intersections with
Interstate 12 and Louisiana Highway 415;
``(B) Louisiana Highway 415, between its
intersections with Interstate 10 and United States
route 190;
``(C) United States route 190, between its
intersections with Louisiana Highway 415 and
intersection with Interstate 110;
``(D) Interstate 110, between its intersections
with United States route 190 and Interstate 10;
``(E) Louisiana Highway 30, near St. Gabriel, LA
and its intersections with Interstate 10;
``(F) Louisiana Highway 1, near White Castle, LA
and its intersection with Interstate 10; and
``(G) A bridge connecting Louisiana Highway 1 with
Louisiana Highway 30, south of the Interstate described
in subparagraph (A).''.
(b) Inclusion of Certain Segments on Interstate System.--Section
1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act
of 1991 is amended--
(1) by inserting ``subclauses (I) through (IX) of
subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),'' after
``subsection (c)(37),'';
(2) by inserting ``subsection (c)(84),'' after ``subsection
(c)(83),''; and
(3) by striking ``and subsection (c)(90)'' and inserting
``subsection (c)(90), subsection (c)(91), subsection (c)(92),
subsection (c)(93), subsection (c)(94), and subsection
(c)(95)''.
(c) Designation.--Section 1105(e)(5)(C) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended by striking ``The
route referred to in subsection (c)(84) is designated as Interstate
Route I-14.'' and inserting ``The route referred to in subsection
(c)(84)(A) is designated as Interstate Route I-14 North. The route
referred to in subsection (c)(84)(B) is designated as Interstate Route
I-14 South. The Bryan/College Station, Texas loop referred to in
subsection (c)(84) is designated as Interstate Route I-214. The routes
referred to in subparagraphs (C), (D), (E), (F), and (G) of subsection
(c)(84) and in subsections (c)(91), (c)(92), (c)(93), and (c)(94) are
designated as Interstate Route I-14.''.
SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
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
issue guidance regarding repair, restoration, and replacement of
inundated and submerged roads damaged or destroyed by a major disaster
declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) with respect to roads
eligible for assistance under Federal Highway Administration programs.
SEC. 1623. DRY BULK WEIGHT TOLERANCE.
Section 127 of title 23, United States Code, is amended by adding
at the end the following:
``(v) Dry Bulk Weight Tolerance.--
``(1) Definition of dry bulk goods.--In this subsection,
the term `dry bulk goods' means any homogeneous unmarked
nonliquid cargo being transported in a trailer specifically
designed for that purpose.
``(2) Weight tolerance.--Notwithstanding any other
provision of this section, except for the maximum gross vehicle
weight limitation, a commercial motor vehicle transporting dry
bulk goods may not exceed 110 percent of the maximum weight on
any axle or axle group described in subsection (a), including
any enforcement tolerance.''.
SEC. 1624. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended by
striking ``2016 through 2020'' and inserting ``2023 through 2026''.
SEC. 1625. LABOR STANDARDS.
It is the policy of the United States that funds authorized or made
available by this Act, or the amendments made by this Act, should not
be used to purchase products produced whole or in part through the use
of child labor, as such term is defined in Article 3 of the
International Labor Organization Convention concerning the prohibition
and immediate action for the elimination of the worst forms of child
labor (December 2, 2000), or in violation of human rights.
SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and every 5 years thereafter, the Comptroller General of
the United States shall evaluate and issue a report to Congress on the
economic benefits, including avoided impacts on property and life, of
the use of model, consensus-based building codes, standards, and
provisions that support resilience to climate risks and impacts,
including--
(1) flooding;
(2) wildfires;
(3) hurricanes;
(4) heat waves;
(5) droughts;
(6) rises in sea level; and
(7) extreme weather.
(b) Report Issues.--The report required under subsection (a) shall
include the following:
(1) An assessment of the status of adoption of building
codes, standards, and provisions within the States,
territories, and tribes at the State or jurisdictional level;
including whether the adopted codes meet or exceed the most
recent published edition of a national, consensus-based model
code.
(2) An analysis of the extent to which pre-disaster
mitigation measures provide benefits to the nation and
individual States, territories and tribes, including--
(A) an economic analysis of the benefits to the
design and construction of new resilient
infrastructure;
(B) losses avoided, including economic losses,
number of structures (buildings, roads, bridges), and
injuries and deaths by utilizing building codes and
standards that prioritize resiliency; and
(C) an economic analysis of the benefits to using
hazard resistant building codes in rebuilding and
repairing infrastructure following a disaster.
(3) An assessment of the building codes and standards
referenced or otherwise currently incorporated into Federal
policies and programs, including but not limited to grants,
incentive programs, technical assistance and design and
construction criteria, administered by the Federal Emergency
Management Agency (hereinafter referred to as ``FEMA''),
including--
(A) the extent to which such codes and standards
contribute to increasing climate resiliency;
(B) recommendations for how FEMA could improve
their use of codes and standards to prepare for climate
change and address resiliency in housing, public
buildings, and infrastructure such as roads and
bridges; and
(C) how FEMA could increase efforts to support the
adoption of hazard resistant codes by the States,
territories, and Indian Tribes.
(4) Recommendations for FEMA on how to better incorporate
climate resiliency into efforts to rebuild after natural
disasters.
SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING RIGHTS HIGHWAY.
(a) Designation.--The portion of United States Route 80 from Selma,
Alabama to Montgomery, Alabama shall be known as the ``John R. Lewis
Voting Rights Highway''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the portion of United
States Route 80 from Selma, Alabama to Montgomery, Alabama is deemed to
be a reference to the ``John R. Lewis Voting Rights Highway''.
SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FERRIES.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the capital investment needs of United States public
ferries and how Federal funding programs are meeting such needs.
(b) Considerations.--In carrying out the study under subsection
(a), the Comptroller General shall examine the feasibility of including
United States public ferries in the conditions and performance report
of the Department of Transportation.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to Congress
a report describing the results of the study described in subsection
(a), including any recommendations for how to include ferries in the
conditions and performance report of the Department of Transportation.
SEC. 1629. USE OF MODELING AND SIMULATION TECHNOLOGY.
It is the sense of Congress that the Department of Transportation
should utilize, to the fullest and most economically feasible extent
practicable, modeling and simulation technology to analyze highway and
public transportation projects authorized by this Act and the
amendments made by this Act to ensure that these projects--
(1) increase transportation capacity and safety, alleviate
congestion, and reduce travel time and environmental impacts;
and
(2) are as cost effective as practicable.
SEC. 1630. GAO STUDY ON PER-MILE USER FEE EQUITY.
(a) Establishment.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall carry out a study on the impact of equity issues associated with
per-mile user fee funding systems on the surface transportation system.
(b) Contents.--The study under subsection (a) shall include the
following with respect to per-mile user fee systems:
(1) The financial, social, and other impacts of per-mile
user fee systems on individuals, low-income individuals, and
individuals of different races.
(2) The impact that access to alternative modes of
transportation, including public transportation, has in
carrying out per-mile user fee systems.
(3) The ability to access jobs and services, which may
include healthcare facilities, child care, education and
workforce training, food sources, banking and other financial
institutions, and other retail shopping establishments.
(4) Equity issues for low-income individuals in urban and
rural areas.
(5) Any differing impacts on passenger vehicles and
commercial vehicles.
(c) Inclusions.--In carrying out the study under subsection (a),
the Comptroller General shall include an analysis of the following
programs:
(1) The State surface transportation system funding pilot
program under section 6020 of the FAST Act; and
(2) The national surface transportation system funding
pilot under section 5402 of this Act.
(d) Report.--Not later than 2 years after the date of the enactment
after this Act, the Comptroller General shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate, and
make publicly available, a report containing the results of the study
under subsection (a), including recommendations for how to equitably
implement per-mile user fee systems.
(e) Definitions.--
(1) Per-mile user fee.--The term ``per-mile user fee''
means a revenue mechanism that--
(A) is applied to road users operating motor
vehicles on the surface transportation system; and
(B) is based on the number of vehicle miles
traveled by an individual road user.
(2) Commercial vehicle.--The term ``commercial vehicle''
has the meaning given the term commercial motor vehicle in
section 31101 of title 49, United States Code.
SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT STATE DOTS.
(a) Review Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall undertake a review
of the extent to which State departments of transportation have in
place best practices, standards, and protocols designed to ensure
equity considerations in transportation planning, project selection,
and project delivery, including considerations of the diverse
transportation needs of low-income populations, minority populations,
and other diverse populations.
(b) Evaluation.--After the completion of the review under
subsection (a), the Comptroller General shall issue and make available
on a publicly accessible Website a report detailing--
(1) findings based on the review in subsection (a);
(2) a comprehensive set of recommendations for State
departments of transportation to improve equity considerations,
which may include model legislation, best practices, or
guidance; and
(3) any recommendations to Congress for additional
statutory authority needed to support State department of
transportation efforts to incorporate equity considerations
into transportation planning, project selection, and project
delivery.
(c) Report.--After completing the review and evaluation required
under subsections (a) and (b), and not later than 2 years after the
date of enactment of this Act, the Comptroller General shall make
available on a publicly accessible Website, a report that includes--
(1) findings based on the review conducted under subsection
(a);
(2) the outcome of the evaluation conducted under
subsection (b);
(3) a comprehensive set of recommendations to improve
equity considerations in the public transportation industry,
including recommendations for statutory changes if applicable;
and
(4) the actions that the Secretary of Transportation could
take to effectively address the recommendations provided under
paragraph (3).
SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION NETS AND
BARRIERS FOR STRUCTURES OTHER THAN BRIDGES.
(a) Study.--The Comptroller General of the United States shall
conduct a study to identify--
(1) the types of structures, other than bridges, that
attract a high number of individuals attempting suicide-by-
jumping;
(2) the characteristics that distinguish structures
identified under paragraph (1) from similar structures that do
not attract a high number of individuals attempting suicide-by-
jumping;
(3) the types of nets or barriers that are effective at
reducing suicide-by-jumping with respect to the structures
identified under paragraph (1);
(4) methods of reducing suicide-by-jumping with respect to
the structures identified under paragraph (1) other than nets
and barriers;
(5) quantitative measures of the effectiveness of the nets
and barriers identified under paragraph (3);
(6) quantitative measures of the effectiveness of the
additional methods identified under paragraph (4);
(7) the entities that typically install the nets and
barriers identified under paragraph (3); and
(8) the costs of the nets and barriers identified under
paragraph (3).
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study conducted under subsection (a).
SEC. 1633. REPEAL OF PILOT PROGRAM.
Section 325 of title 23, United States Code, is repealed.
SEC. 1634. TECHNICAL CORRECTIONS.
(a) In General.-- Title 23, United States Code, is amended as
follows:
(1) Name correction.--Section 101(a)(16)(C),as amended, is
amended by striking ``United States Customs and Immigration
Services'' and inserting `` U.S. Customs and Border
Protection''.
(2) Transfer of funds.--Section 104(f)(3) is amended--
(A) in subparagraph (A), by striking ``the Federal
Highway Administration'' and inserting ``an operating
administration of the Department of Transportation'';
and
(B) in the paragraph heading, by striking ``Federal
Highway Administration'' and inserting ``an operating
administration of the Department of Transportation''.
(3) Terms and conditions.--Section 108(c)(3)(F) is
amended--
(A) by inserting ``of 1969 (42 U.S.C. 4321 et
seq.)'' after ``Policy Act''; and
(B) by striking ``this Act'' and inserting ``this
title''.
(4) Exclusion.--Section 112(b)(2) is amended in
subparagraph (F) by striking ``(F)'' and all that follows
through ``Subparagraphs'' and inserting ``(f) Subparagraphs''.
(5) Reference to statewide transportation improvement
program.--Section 115(c) is amended by striking ``135(f)'' and
inserting ``135(g)''.
(6) Opportunity for comment.--Section 134(j) is amended by
striking ``subsection (i)(5)'' both places it appears and
inserting ``subsection (i)(6)''.
(7) Performance-based approach.--Section 135(f)(7)(B) is
amended by striking the semicolon at the end and inserting a
period.
(8) Efficient environmental reviews for project
decisionmaking.--Section 139 is amended--
(A) in subsection (b)(1) by inserting ``(42 U.S.C.
4321 et seq.)'' after ``of 1969'';
(B) in subsection (c) by inserting ``(42 U.S.C.
4321 et seq.)'' after ``of 1969'' each place it
appears; and
(C) in subsection (k)(2) by inserting ``(42 U.S.C.
4321 et seq.)'' after ``of 1969''.
(9) Nondiscrimination.--Section 140(a) is amended, in the
third sentence, by inserting a comma after ``Secretary''.
(10) Public transportation.--Section 142 is amended by
striking subsection (i).
(11) Congestion mitigation and air quality improvement
program.--Section 149 is amended--
(A) in subsection (b)(1)(A)(ii) by striking ``;
or,'' and inserting ``; or''; and
(B) in subsection (g)(2)(B) by striking the
semicolon at the end and inserting ``; and''.
(12) Tribal transportation program data collection.--
Section 201(c)(6)(A)(ii) is amended by striking ``(25 U.S.C.
450 et seq.)'' and inserting ``(25 U.S.C. 5301 et seq.)''.
(13) Tribal transportation program.--Section 202 is
amended--
(A) by striking ``(25 U.S.C. 450 et seq.)'' each
place it appears and inserting ``(25 U.S.C. 5301 et
seq.)'';
(B) in subsection (a)(10)(B) by striking ``(25
U.S.C. 450e(b))'' and inserting ``(25 U.S.C.
5307(b))''; and
(C) in subsection (b)--
(i) in paragraph (5) in the matter
preceding subparagraph (A) by inserting ``the''
after ``agreement under''; and
(ii) in paragraph (6)(A) by inserting
``the'' after ``in accordance with''.
(14) Permissible uses of recreational trails program
apportioned funds.--Section 206(d)(2)(G) is amended by striking
``use of recreational trails'' and inserting ``uses of
recreational trails''.
(15) Tribal transportation self-governance program.--
Section 207 is amended--
(A) in subsection (g)--
(i) by striking ``(25 U.S.C. 450j-1)'' and
inserting ``(25 U.S.C. 5325)''; and
(ii) by striking ``(25 U.S.C. 450j-1(f))''
and inserting ``(25 U.S.C. 5325(f))'';
(B) in subsection (l)--
(i) in paragraph (1), by striking ``(25
U.S.C. 458aaa-5)'' and inserting ``(25 U.S.C.
5386)'';
(ii) in paragraph (2), by striking ``(25
U.S.C. 458aaa-6)'' and inserting ``(25 U.S.C.
5387)'';
(iii) in paragraph (3), by striking ``(25
U.S.C. 458aaa-7)'' and inserting ``(25 U.S.C.
5388)'';
(iv) in paragraph (4), by striking ``(25
U.S.C. 458aaa-9)'' and inserting ``(25 U.S.C.
5390)'';
(v) in paragraph (5), by striking ``(25
U.S.C. 458aaa-10)'' and inserting ``(25 U.S.C.
5391)'';
(vi) in paragraph (6), by striking ``(25
U.S.C. 458aaa-11)'' and inserting ``(25 U.S.C.
5392)'';
(vii) in paragraph (7), by striking ``(25
U.S.C. 458aaa-14)'' and inserting ``(25 U.S.C.
5395)'';
(viii) in paragraph (8), by striking ``(25
U.S.C. 458aaa-15)'' and inserting ``(25 U.S.C.
5396)''; and
(ix) in paragraph (9), by striking ``(25
U.S.C. 458aaa-17)'' and inserting ``(25 U.S.C.
5398)''; and
(C) in subsection (m)(2)--
(i) by striking ``505'' and inserting
``501''; and
(ii) by striking ``(25 U.S.C. 450b;
458aaa)'' and inserting ``(25 U.S.C. 5304;
5381)''.
(16) Buy america.--Section 313 is amended--
(A) in subsection (e)(2) by striking ``States;''
and inserting ``States,''; and
(B) in subsection (f)(1) by striking ``, and'' and
inserting ``; and''.
(17) Procedures for a gift or donation.--Section 323(d) is
amended in the matter preceding paragraph (1) by inserting
``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
(18) Highway safety programs.--Section 402(b)(1)(E) is
amended by striking the semicolon at the end and inserting ``;
and''.
(19) Use of freight capacity building program funds.--
Section 504(g)(6) is amended by striking ``make grants or to''
and inserting ``make grants to''.
(20) Development phase activities.--Section 602(e) is
amended by striking ``601(a)(1)(A)'' and inserting
``601(a)(2)(A)''.
(b) Clerical Amendments.--
(1) In general.--The table of contents for title 23, United
States Code, is amended in the item relating to chapter 1 by
striking ``FEDERAL AID HIGHWAYS'' and inserting ``FEDERAL-AID
HIGHWAYS''.
(2) Chapter 3.--The analysis for chapter 3 of title 23,
United States Code, is amended by striking the item relating to
section 325.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
SEC. 2101. AUTHORIZATIONS.
(a) In General.--Section 5338 of title 49, United States Code, is
amended to read as follows:
``Sec. 5338. Authorizations
``(a) Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections
5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328,
5335, 5337, 5339, and 5340--
``(A) $17,894,460,367 for fiscal year 2023;
``(B) $18,201,940,770 for fiscal year 2024;
``(C) $18,551,676,708 for fiscal year 2025; and
``(D) $18,901,573,693 for fiscal year 2026.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $189,879,151 for fiscal year 2023,
$192,841,266 for fiscal year 2024, $195,926,726 for
fiscal year 2025, and $199,002,776 for fiscal year
2026, shall be available to carry out section 5305;
``(B) $7,505,830,848 for fiscal year 2023,
$7,622,921,809 for fiscal year 2024, $7,744,888,558 for
fiscal year 2025, and $7,866,483,309 for fiscal year
2026 shall be allocated in accordance with section 5336
to provide financial assistance for urbanized areas
under section 5307;
``(C) $101,510,000 for fiscal year 2023,
$103,093,556 for fiscal year 2024, $104,743,053 for
fiscal year 2025, and $106,387,519 for fiscal year 2026
shall be available for grants under section 5308;
``(D) $434,830,298 for fiscal year 2023,
$441,613,651 for fiscal year 2024, $448,679,469 for
fiscal year 2025, and $455,723,737 for fiscal year 2026
shall be available to carry out section 5310, of which
not less than--
``(i) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024, $5,237,153 for
fiscal year 2025, and $5,319,376 for fiscal
year 2026 shall be available to carry out
section 5310(j); and
``(ii) $20,302,000 for fiscal year 2023,
$20,618,711 for fiscal year 2024, $20,948,611
for fiscal year 2025, and $21,277,504 for
fiscal year 2026 shall be available to carry
out section 5310(k);
``(E) $1,025,199,724 for fiscal year 2023,
$1,041,192,839 for fiscal year 2024, $1,057,851,925 for
fiscal year 2025, and $1,074,460,200 for fiscal year
2026 shall be available to carry out section 5311, of
which not less than--
``(i) $55,679,500 for fiscal year 2023,
$56,392,100 for fiscal year 2024, $57,134,374
for fiscal year 2025, and $57,874,383 for
fiscal year 2026 shall be available to carry
out section 5311(c)(1); and
``(ii) $50,755,000 for fiscal year 2023,
$51,546,778 for fiscal year 2024, $52,371,526
for fiscal year 2025, and $53,193,759 for
fiscal year 2026 shall be available to carry
out section 5311(c)(2);
``(F) $53,498,300 for fiscal year 2023; $54,020,873
for fiscal year 2024; $54,565,207 for fiscal year 2025;
$55,107,881 for fiscal year 2026 shall be available to
carry out section 5312, of which not less than--
``(i) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024, $5,237,153 for
fiscal year 2025, and $5,319,376 for fiscal
year 2026 shall be available to carry out each
of sections 5312(d)(3) and 5312(d)(4);
``(ii) $3,045,300 for fiscal year 2023,
$3,092,807 for fiscal year 2024, $3,142,292 for
fiscal year 2025, and $3,191,626 for fiscal
year 2026 shall be available to carry out
section 5312(h);
``(iii) $10,151,000 for fiscal year 2023,
$10,309,356 for fiscal year 2024, $10,474,305
for fiscal year 2025, and $10,638,752 for
fiscal year 2026 shall be available to carry
out section 5312(i); and
``(iv) $10,075,500 for fiscal year 2023,
$10,154,678 for fiscal year 2024, $10,237,153
for fiscal year 2025, and $10,319,376 shall be
available to carry out section 5312(j);
``(G) $23,347,300 for fiscal year 2023, $23,711,518
for fiscal year 2024, $24,090,902 for fiscal year 2025,
and $24,469,129 for fiscal year 2026 shall be available
to carry out section 5314, of which not less than--
``(i) $4,060,400 for fiscal year 2023,
$4,123,742 for fiscal year 2024, $4,189,722 for
fiscal year 2025, and $4,255,501 for fiscal
year 2026 shall be available to carry out
section of 5314(a);
``(ii) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024, $5,237,153 for
fiscal year 2025, and $5,319,376 for fiscal
year 2026 shall be available to carry out
section 5314(c); and
``(iii) $12,181,200 for fiscal year 2023,
$12,371,227 for fiscal year 2024, $12,569,166
for fiscal year 2025, and $12,766,502 for
fiscal year 2026 shall be available to carry
out section 5314(b)(2);
``(H) $5,075,500 for fiscal year 2023, $5,154,678
for fiscal year 2024, $5,237,153 for fiscal year 2025,
and $5,319,376 for fiscal year 2026 shall be available
to carry out section 5318;
``(I) $30,453,000 for fiscal year 2023, $30,928,067
for fiscal year 2024, $31,422,916 for fiscal year 2025,
and $31,916,256 for fiscal year 2026 shall be available
to carry out section 5328, of which not less than--
``(i) $25,377,500 for fiscal year 2023,
$25,773,389 for fiscal year 2024, $26,185,763
for fiscal year 2025, and $26,596,880 for
fiscal year 2026 shall be available to carry
out section of 5328(b); and
``(ii) $2,537,750 for fiscal year 2023,
$2,577,339 for fiscal year 2024, $2,618,576 for
fiscal year 2025, and $2,659,688 for fiscal
year 2026 shall be available to carry out
section 5328(c);
``(J) $4,060,400 for fiscal year 2023, $4,123,742
for fiscal year 2024, $4,189,722 for fiscal year 2025,
and $4,255,501 for fiscal year 2026 shall be available
to carry out section 5335;
``(K) $5,366,233,728 for fiscal year 2023,
$5,460,789,084 for fiscal year 2024, $5,560,170,578 for
fiscal year 2025, and $5,660,288,417 for fiscal year
2026 shall be available to carry out section 5337;
``(L) to carry out the bus formula program under
section 5339(a)--
``(i) $1,240,328,213 for fiscal year 2023,
$1,259,667,334 for fiscal year 2024,
$1,279,832,171 for fiscal year 2025, and
$1,299,925,536 for fiscal year 2026; except
that
``(ii) 15 percent of the amounts under
clause (i) shall be available to carry out
5339(d);
``(M) $437,080,000 for fiscal year 2023,
$424,748,448 for fiscal year 2024, $387,944,423 for
fiscal year 2025, and $351,100,151 for fiscal year 2026
shall be available to carry out section 5339(b);
``(N) $890,000,000 for fiscal year 2023,
$950,000,000 for fiscal year 2024, $1,065,000,000 for
fiscal year 2025, and $1,180,000,000 for fiscal year
2026 shall be available to carry out section 5339(c);
and
``(O) $587,133,905 for each of fiscal years 2023
through 2026 shall be available to carry out section
5340 to provide financial assistance for urbanized
areas under section 5307 and rural areas under section
5311, of which--
``(i) $309,688,908 for each of fiscal years
2023 through 2026 shall be for growing States
under section 5340(c); and
``(ii) $277,444,997 for each of fiscal
years 2023 through 2026 shall be for high
density States under section 5340(d).
``(b) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309 $3,500,000,000 for fiscal year
2023, $4,250,000,000 for fiscal year 2024, $5,000,000,000 for fiscal
year 2025, and 5,500,000,000 for fiscal year 2026.
``(c) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $142,060,785 for fiscal year 2023,
$144,191,696 for fiscal year 2024, $146,412,248 for fiscal year
2025, and 148,652,356 for fiscal year 2026.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $6,000,000 for
each of fiscal years 2023 through 2026 shall be available to
carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (2), not less than $2,500,000 for each of fiscal
years 2023 through 2026 shall be available to carry out section
5326.
``(d) Oversight.--
``(1) In general.--Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described in
paragraph (2):
``(A) 0.5 percent of amounts made available to
carry out section 5305.
``(B) 0.75 percent of amounts made available to
carry out section 5307.
``(C) 1 percent of amounts made available to carry
out section 5309.
``(D) 1 percent of amounts made available to carry
out section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 126 Stat.
4968).
``(E) 0.5 percent of amounts made available to
carry out section 5310.
``(F) 0.5 percent of amounts made available to
carry out section 5311.
``(G) 1 percent of amounts made available to carry
out section 5337, of which not less than 25 percent of
such amounts shall be available to carry out section
5329 and of which not less than 10 percent of such
amounts shall be made available to carry out section
5320.
``(H) 1 percent of amounts made available to carry
out section 5339 of which not less than 10 percent of
such amounts shall be made available to carry out
section 5320.
``(I) 1 percent of amounts made available to carry
out section 5308.
``(2) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a
major capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial
compliance of a recipient or subrecipient of funds
under this chapter.
``(C) Activities to provide technical assistance
generally, and to provide technical assistance to
correct deficiencies identified in compliance reviews
and audits carried out under this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection/activities described in paragraph (2).
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the Secretary
before allocating the funds appropriated to carry out any
project under a full funding grant agreement.
``(e) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of the
cost of the project.
``(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts 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 5311 of title 49, United States Code, is
amended by striking ``5338(a)(2)(F)'' and inserting
``5338(a)(2)(E)''.
(2) Section 5312(i)(1) of title 49, United States Code, is
amended by striking ``5338(a)(2)(G)(ii)'' and inserting
``5338(a)(2)(F)(iii)''.
(3) Section 5333(b) of title 49, United States Code, is
amended by striking ``5328, 5337, and 5338(b)'' each place it
appears and inserting ``and 5337''.
(4) Section 5336 of title 49, United States Code, is
amended--
(A) in subsection (d)(1) by striking
``5338(a)(2)(C)'' and inserting ``5338(a)(2)(B)''; and
(B) in subsection (h) by striking ``5338(a)(2)(C)''
and inserting ``5338(a)(2)(B)''.
(5) Subsections (c) and (d)(1) of section 5327 of title 49,
United States Code, are amended by striking ``5338(f)'' and
inserting ``5338(d)''.
(6) Section 5340(b) of title 49, United States Code, is
amended by striking ``5338(b)(2)(N)'' and inserting
``5338(a)(2)(O)''.
SEC. 2102. CHAPTER 53 DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)(E)--
(A) by striking ``and the installation'' and
inserting ``, the installation''; and
(B) by inserting ``, 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;''; and
(B) in subparagraph (N)--
(i) by striking ``no emission'' and
inserting ``zero emission''; and
(ii) by striking ``(as defined in section
5339(c))''; and
(3) by adding at the end the following:
``(25) Resilience.--
``(A) In general.--The term `resilience' means,
with respect to a facility, the ability to--
``(i) anticipate, prepare for, or adapt to
conditions; or
``(ii) withstand, respond to, or recover
rapidly from disruptions.
``(B) Inclusions.--Such term includes, with respect
to a facility, the ability to--
``(i) resist hazards or withstand impacts
from disruptions;
``(ii) reduce the magnitude, duration, or
impact of a disruption; or
``(iii) have the absorptive capacity,
adaptive capacity, and recoverability to
decrease vulnerability to a disruption.
``(26) Assault on a transit worker.--The term `assault on a
transit worker' means any circumstance in which an individual
knowingly, without lawful authority or permission, and with
intent to endanger the safety of any individual, or with a
reckless disregard for the safety of human life, interferes
with, disables, or incapacitates any transit worker while the
transit worker is performing his or her duties.''.
SEC. 2103. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking ``urban area'' and
inserting ``urbanized area'';
(B) by adding at the end the following:
``(3) Exceptions.--This subsection shall not apply to
financial assistance under this chapter--
``(A) in which the non-Federal share of project
costs are provided from amounts received under a
service agreement with a State or local social service
agency or private social service organization pursuant
to section 5307(d)(3)(E) or section 5311(g)(3)(C);
``(B) provided to a recipient or subrecipient whose
sole receipt of such assistance derives from section
5310; or
``(C) provided to a recipient operating a fixed
route service that is--
``(i) for a period of less than 30 days;
``(ii) accessible to the public;
``(iii) contracted by a local government
entity that provides local cost share to the
recipient; and
``(iv) not contracted for the purposes of a
convention or on behalf of a convention and
visitors bureau.
``(4) Guidelines.--The Secretary shall publish guidelines
for grant recipients and private bus operators that clarify
when and how a transit agency may 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 the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) technical assistance to assist
recipients with the impacts of a new census
count.'';
(2) in subsection (b)(1)(B) by striking ``females'' and
inserting ``women''; and
(3) in subsection (c)(4)(A) by inserting ``, and not more
than 2 percent of amounts under 5311'' after ``5339''.
(d) National Transit Database.--Section 5335 of title 49, United
States Code, is amended--
(1) in subsection (a) by inserting ``, including
information on transit routes and ridership on those routes''
after ``public sector investment decision''; and
(2) in subsection (c) by inserting ``, any data on each
assault on a transit worker, and pedestrian injuries and
fatalities as a result of an impact with a bus. Each of the
data sets shall be publicly reported without aggregating the
data with other safety data'' after ``by the recipient''.
(e) Urbanized Area Formula Grants.--Section 5307 of title 49,
United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (i) by striking ``or'' at the end;
and
(B) by adding at the end the following:
``(iii) operate a minimum of 101 buses and
a maximum of 125 buses in fixed route service
or demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 25
percent of the share of the apportionment which
is attributable to such systems within the
urbanized area, as measured by vehicle revenue
hours; or'';
(2) in subsection (a)(2)(B)--
(A) in clause (i) by striking ``or'' at the end;
(B) in clause (ii) by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(iii) operate a minimum of 101 buses and
a maximum of 125 buses in fixed route service
or demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 25
percent of the share of the apportionment
allocated to such systems within the urbanized
area, as determined by the local planning
process and included in the designated
recipient's final program of projects prepared
under subsection (b).''; and
(3) in subsection (b)--
(A) in paragraph (6) by striking ``and'' at the
end;
(B) by redesignating paragraph (7) as paragraph
(8); and
(C) by inserting after paragraph (6) the following:
``(7) ensure that the proposed program of projects provides
improved access to transit for the individuals described in
section 5336(j); and''.
(f) Technical Correction.--Section 5307(a)(2)(B)(ii) of title 49,
United States Code, is amended by striking ``service during peak'' and
inserting ``service, during peak''.
(g) Transportation Development Credits as Local Match.--
(1) Section 5307.--Section 5307(d)(3) of title 49, United
States Code, is amended--
(A) in subparagraph (D) by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) transportation development credits.''.
(2) Section 5309.--Section 5309 of title 49, United States
Code, is amended--
(A) in subsection (f) by adding at the end the
following:
``(3) Transportation development credits.--For purposes of
assessments and determinations under this subsection or
subsection (h), transportation development credits that are
included as a source of local financing or match shall be
treated the same as other sources of local financing.''; and
(B) in subsection (l)(4)--
(i) in subparagraph (B) by striking ``;
or'' and inserting a semicolon;
(ii) in subparagraph (C) by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) transportation development credits; or''.
(3) Section 5339.--Section 5339(a)(7)(B) of title 49,
United States Code, is amended--
(A) in clause (iv) by striking ``; or'' and
inserting a semicolon;
(B) in clause (v) by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(vi) transportation development
credits.''.
(h) Clarification of Incidental Use.--Section 5310(b)(7) of title
49, United States Code, is amended--
(1) in the header by inserting ``and incidental use'' after
``individuals'';
(2) by inserting ``or providing other incidental services''
after ``individuals''; and
(3) by striking ``delivery service does not conflict'' and
inserting ``service does not conflict''.
SEC. 2105. POLICIES AND PURPOSES.
Section 5301(b) of title 49, United States Code, is amended--
(1) in paragraph (7) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (8) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(9) reduce the contributions of the surface
transportation system to the total carbon pollution of the
United States; and
``(10) improve the resiliency of the public transportation
network to withstand weather events and other natural
disasters.''.
SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS.
For fiscal years 2022 and 2023, the Secretary of Transportation
shall apportion and distribute formula funds provided for under chapter
53 of title 49, United States Code, using data submitted to the 2019
National Transit Database.
SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING.
Section 5303 of title 49, United States Code, is further amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility needs of
people and freight, foster economic growth and development
within and between States and urbanized areas, and take into
consideration resiliency and climate change adaptation needs
while reducing transportation-related fuel consumption, air
pollution, and greenhouse gas emissions through metropolitan
and statewide transportation planning processes identified in
this chapter; and''.
(2) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) STIP.--The term `STIP' means a statewide
transportation improvement program developed by a State under
section 135(g).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``and
transportation improvement programs'' and inserting
``and TIPs''; and
(B) by adding at the end the following:
``(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider direct and
indirect emissions of greenhouse gases.'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of the Federal Public
Transportation Act of 2012, each'' and inserting
``Each'';
(B) in paragraph (3) by adding at the end the
following:
``(D) Equitable and proportional representation.--
``(i) In general.--In designating officials
or representatives under paragraph (2), the
metropolitan planning organization shall ensure
the equitable and proportional representation
of the population of the metropolitan planning
area.
``(ii) Savings clause.--Nothing in this
paragraph shall require a metropolitan planning
organization in existence on the date of
enactment of this subparagraph to be
restructured.
``(iii) Redesignation.--Notwithstanding
clause (ii), the requirements of this paragraph
shall apply to any metropolitan planning
organization redesignated under paragraph
(6).'';
(C) in paragraph (6)(B) by striking ``paragraph
(2)'' and inserting ``paragraphs (2) or (3)(D)''; and
(D) in paragraph (7)--
(i) by striking ``an existing metropolitan
planning area'' and inserting ``an urbanized
area''; and
(ii) by striking ``the existing
metropolitan planning area'' and inserting
``the area'';
(5) in subsection (g)--
(A) in paragraph (1) by striking ``a metropolitan
area'' and inserting ``an urbanized area'';
(B) in paragraph (2) by striking ``Mpos'' and
inserting ``Metropolitan planning areas''
(C) in paragraph (3)(A) by inserting ``emergency
response and evacuation, climate change adaptation and
resilience,'' after ``disaster risk reduction,''; and
(D) by adding at the end the following:
``(4) Coordination between mpos.--
``(A) In general.--If more than one metropolitan
planning organization is designated within an urbanized
area under subsection (d)(7), the metropolitan planning
organizations designated within the area shall ensure,
to the maximum extent practicable, the consistency of
any data used in the planning process, including
information used in forecasting transportation demand.
``(B) Savings clause.--Nothing in this paragraph
requires metropolitan planning organizations designated
within a single urbanized area to jointly develop
planning documents, including a unified long-range
transportation plan or unified TIP.'';
(6) in subsection (h)(1)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) protect and enhance the environment, promote
energy conservation, reduce greenhouse gas emissions,
improve the quality of life and public health, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns, including housing and land use
patterns;'';
(B) in subparagraph (H) by striking ``and'' at the
end;
(C) in subparagraph (I) by striking the period at
the end and inserting ``and reduce or mitigate
stormwater, sea level rise, extreme weather, and
climate change impacts of surface transportation;'';
and
(D) by inserting after subparagraph (I) the
following:
``(J) support emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access; and
``(L) support inclusive zoning policies and land
use planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households.'';
(7) in subsection (h)(2) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a
performance-based approach, transportation investment
decisions made as a part of the metropolitan
transportation planning process shall support the
national goals described in section 150(b), 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. 2108. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 5304 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (2)--
(i) by striking ``The statewide
transportation plan and the'' and inserting the
following:
``(A) In general.--The statewide transportation
plan and the'';
(ii) by striking ``transportation
improvement program'' and inserting ``STIP'';
and
(iii) by adding at the end the following:
``(B) Consideration.--In developing the statewide
transportation plans and STIPs, States shall consider
direct and indirect emissions of greenhouse gases.'';
and
(C) in paragraph (3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by inserting ``reduce
greenhouse gas emissions,'' after
``promote energy conservation,'';
(II) by inserting ``and public
health'' after ``improve the quality of
life''; and
(III) by inserting ``, including
housing and land use patterns'' after
``economic development patterns'';
(ii) in subparagraph (H) by striking
``and'';
(iii) in subparagraph (I) by striking the
period at the end and inserting ``and reduce or
mitigate stormwater, sea level rise, extreme
weather, and climate change impacts of surface
transportation;''; and
(iv) by adding at the end the following:
``(J) facilitate emergency management, response,
and evacuation and hazard mitigation;
``(K) improve the level of transportation system
access; and
``(L) support inclusive zoning policies and land
use planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households.'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a
performance-based approach, transportation investment
decisions made as a part of the statewide
transportation planning process shall support--
``(i) the national goals described in
section 150(b);
``(ii) the consideration of transportation
system access (consistent with section 150(f));
``(iii) the achievement of statewide
targets established under section 150(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 ``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 further amended by
adding at the end the following:
``(g) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded pursuant
to this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (a)(2); or
``(B) the date on which the President declared a
major disaster, as described in such subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the request
of the Governor of the State, issue an extension of not more
than 1 year to complete such advancement, and may issue
additional extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has provided
suitable justification to warrant an extension.''.
SEC. 2111. CERTIFICATION REQUIREMENTS.
The certification requirements described in section 661.12 of title
49, Code of Federal Regulations, shall, after the date of enactment of
this Act, include a certification that buses or other rolling stock
(including train control, communication and traction power equipment)
being procured do not contain or use any covered telecommunications
equipment or services, as such term is defined by section 889 of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
SEC. 2112. HOLD HARMLESS.
Notwithstanding any other provision of law, for fiscal years 2021
and 2022, the Secretary of Transportation shall allow project sponsors,
at the request of such sponsor, to submit ridership and service data
and projections collected before January 20, 2020 and projections based
on that data to determine project eligibility under section 5309 of
title 49, United States Code.
SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANSPORTATION.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit to Congress a
report that includes--
(1) a description of the challenges faced by each of the
populations described in subsection (b) when riding public
transportation; and
(2) recommendations to improve the accessibility of
federally-funded public transportation for the populations
described in subsection (b).
(b) Covered Populations.--The populations described in subsection
(a) shall be--
(1) pregnant women; and
(2) individuals living in areas of persistent poverty, as
such term is defined in section 172(l) of title 23, United
States Code, as added by this Act, and individuals that are
unbanked or underbanked.
Subtitle B--Improving Frequency and Ridership
SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND RIDERSHIP COMPETITIVE
GRANTS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5307 the following new section:
``Sec. 5308. Multi-jurisdictional bus frequency and ridership
competitive grants
``(a) In General.--The Secretary shall make grants under this
section, on a competitive basis, to eligible recipients to increase the
frequency of bus service and the ridership of public transit buses.
``(b) Applications.--To be eligible for a grant under this section,
an eligible recipient shall submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require.
``(c) Application Timing.--Not later than 90 days after amounts are
made available to carry out this section, the Secretary shall solicit
grant applications from eligible recipients for projects described in
subsection (d).
``(d) Uses of Funds.--An eligible recipient of a grant under this
section shall use such grant for transportation capital projects that--
``(1) increase--
``(A) the frequency of bus service;
``(B) bus ridership; and
``(C) total person throughput; and
``(2) are consistent with, and as described in, the design
guidance issued by the National Association of City
Transportation Officials and titled `Transit Street Design
Guide'.
``(e) Grant Criteria.--In making grants under this section, the
Secretary shall consider the following:
``(1) Each eligible recipient's projected increase in bus
frequency.
``(2) Each eligible recipient's projected increase in bus
ridership.
``(3) Each eligible recipient's projected increase in total
person throughput.
``(4) The degree of regional collaboration described in
each eligible recipient's application, including collaboration
with--
``(A) a local government entity that operates a
public transportation service;
``(B) local government agencies that control street
design;
``(C) metropolitan planning organizations (as such
term is defined in section 5303); and
``(D) State departments of transportation.
``(f) Grant Timing.--The Secretary shall award grants under this
section not later than 120 days after the date on which the Secretary
completes the solicitation described in subsection (c).
``(g) Requirements of the Secretary.--In carrying out the program
under this section, the Secretary shall--
``(1) not later than the date described in subsection (c),
publish in the Federal Register a list of all metrics and
evaluation procedures to be used in making grants under this
section; and
``(2) publish in the Federal Register--
``(A) a summary of the final metrics and
evaluations used in making grants under this section;
and
``(B) a list of the ratings of eligible recipients
receiving a grant under this section based on such
metrics and evaluations.
``(h) Federal Share.--
``(1) In general.--The Federal share of the cost of a
project carried out under this section shall not exceed 80
percent.
``(2) Restriction on grant amounts.--The Secretary may make
a grant for a project under this section in an amount up to 150
percent of the amount--
``(A) provided for such project under title 23; and
``(B) provided for such project from non-Federal
funds budgeted for roadways.
``(i) Requirements of Section 5307.--Except as otherwise provided
in this section, a grant under this section shall be subject to the
requirements of section 5307.
``(j) Availability of Funds.--
``(1) In general.--Amounts made available to carry out this
section shall remain available for 4 fiscal years after the
fiscal year for which the amount was made available.
``(2) Unobligated amounts.--After the expiration of the
period described in paragraph (1) for an amount made available
to carry out this section, any unobligated amounts made
available to carry out this section shall be added to the
amounts made available for the following fiscal year.
``(k) Eligible Recipients.--In this section, the term `eligible
recipient' means a recipient of a grant under section 5307 in an
urbanized area with a population greater than 500,000.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5307 the following new item:
``5308. Multi-jurisdictional bus frequency and ridership competitive
grants.''.
SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FORMULA.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i) by striking ``95.61 percent'' and
inserting ``95 percent'';
(II) in clause (i) by striking
``95.61 percent'' and inserting ``95
percent''; and
(III) in clause (ii) by striking
``95.61 percent'' and inserting ``95
percent''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i) by striking ``4.39 percent'' and
inserting ``5 percent'';
(II) in clause (i)--
(aa) by inserting ``in the
highest 25 percent of routes by
ridership'' before ``multiplied
by''; and
(bb) by striking ``vehicle
passenger miles traveled for
each dollar of operating cost
in an area'' and inserting
``vehicles operating in peak
revenue service per hour in the
highest 25 percent of routes by
ridership''; and
(III) in clause (ii)--
(aa) by inserting ``in the
highest 25 percent of routes by
ridership'' before ``multiplied
by''; and
(bb) by striking ``vehicle
passenger miles traveled for
each dollar of operating cost
in all areas'' and inserting
``vehicles operating in peak
revenue service per hour in the
highest 25 percent of routes by
ridership''; and
(B) by adding at the end the following:
``(3) Special rule.--For fiscal years 2023 and 2024, the
percentage--
``(A) in paragraph (2)(A) in the matter preceding
clause (i) shall be treated as 100 percent; and
``(B) in paragraph (2)(B) in the matter preceding
clause (i) shall be treated as 0 percent.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``90.8 percent''
and inserting ``90 percent'' each place it appears;
(B) in paragraph (2)--
(i) by striking ``9.2 percent'' and
inserting ``8 percent'';
(ii) by striking ``200,000'' and inserting
``500,000'';
(iii) by striking subparagraph (A) and
inserting the following:
``(A) the number of bus passenger miles traveled on
the highest 25 percent of routes by ridership
multiplied by the number of buses operating in peak
revenue service per hour on the highest 25 percent of
routes by ridership; divided by''; and
(iv) by striking subparagraph (B) and
inserting the following:
``(B) the total number of bus passenger miles
traveled on the highest 25 percent of routes by
ridership multiplied by the total number of buses
operating in peak revenue service per hour on the
highest 25 percent of routes by ridership in all
areas.''; and
(C) by adding at the end the following:
``(3) Two percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 and less than
500,000 is entitled to receive an amount using the formula in
paragraph (1).
``(4) For fiscal years 2023 and 2024, the percentage--
``(A) in paragraph (1) in the matter preceding
subparagraph (A) shall be treated as 100 percent;
``(B) in paragraph (2) in the matter preceding
subparagraph (A) shall be treated as 0 percent; and
``(C) in paragraph (3) shall be treated as 0
percent.''; and
(3) by adding at the end the following:
``(k) Peak Revenue Service Defined.--In this section, the term
`peak revenue service' means the time period between the time in the
morning that an agency first exceeds the number of midday vehicles in
revenue service and the time in the evening that an agency falls below
the number of midday vehicles in revenue service.''.
SEC. 2203. MOBILITY INNOVATION.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5315 the following new section:
``Sec. 5316. Mobility innovation
``(a) In General.--Amounts made available to a covered recipient to
carry out sections 5307, 5310, and 5311 may be used by such covered
recipient under this section to assist in the financing of--
``(1) mobility as a service; and
``(2) mobility on demand services.
``(b) Federal Share.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Federal share of the net cost of a project carried out
under this section shall not exceed 70 percent.
``(2) Insourcing incentive.--Notwithstanding paragraph (1),
the Federal share of the net cost of a project described in
paragraph (1) shall, at the request of the project sponsor, be
increased by up to 10 percent for mobility on demand service
operated exclusively by personnel employed by the recipient.
``(3) Zero emission incentive.--Notwithstanding paragraph
(1), the Federal share of the net cost of a project described
in paragraph (1) shall, at the request of the project sponsor,
be increased by up to 10 percent if such project involves an
eligible use that uses a vehicle that produces zero carbon
dioxide or particulate matter.
``(c) Eligible Uses.--
``(1) In general.--The Secretary shall publish guidance
describing eligible activities that are demonstrated to--
``(A) increase transit ridership;
``(B) be complementary to fixed route transit
service;
``(C) demonstrate meaningful improvements in--
``(i) environmental metrics, including
standards established pursuant to the Clean Air
Act (42 U.S.C. 7401 et seq.) and greenhouse gas
performance targets established pursuant to
section 150(d) of title 23;
``(ii) traffic congestion;
``(iii) compliance with the requirements
under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
``(iv) low-income service to increase
access to employment, healthcare, and other
essential services;
``(v) service during times of the day when
regular transit service is not operating, as
long as regular transit service hours are not
reduced;
``(vi) new service that operates in areas
of lower density that are unserved or
underserved by regular transit service;
``(vii) rural service; and
``(viii) improvement in paratransit service
quality.
``(D) Fare collection modernization.--In developing
guidance referred to in this section, the Secretary
shall ensure that--
``(i) all costs associated with installing,
modernizing, and managing fare collection,
including touchless payment systems, shall be
considered eligible expenses under this title
and subject to the applicable Federal share;
and
``(ii) such guidance includes guidance on
how agencies shall provide unbanked and
underbanked users with an opportunity to
benefit from mobility as a service platforms.
``(2) Prohibition on use of funds.--Amounts used by a
covered recipient for projects eligible under this section may
not be used for--
``(A) single passenger vehicle miles (in a
passenger motor vehicle, as such term is defined in
section 32101, that carries less than 9 passengers),
unless the trip--
``(i) meets the definition of public
transportation; and
``(ii) begins or completes a fixed route
public transportation trip;
``(B) deadhead vehicle miles; or
``(C) any service considered a taxi service 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'';
and
(B) in paragraph (2) by inserting ``and makes the
certification and supporting documents publicly
available'' before the period at the end; and
(4) in subsection (g) by adding at the end the following:
``(6) Allowance for volunteer hours.--
``(A) Applicable regulations.--For any funds
provided by a department or agency of the Government
under paragraph (3)(D) or by a service agreement under
paragraph (3)(C), and such department or agency has
regulations in place that provide for the valuation of
volunteer hours as allowable in-kind contributions
toward the non-Federal share of project costs, such
regulations shall be used to determine the allowable
valuation of volunteer hours as an in-kind contribution
toward the non-Federal remainder of net project costs
for a transit project funded under this section.
``(B) Limitations.--Subparagraph (A) shall not
apply to the provision of fixed-route bus services
funded under this section.''.
SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.
Section 5310 of title 49, United States Code, is amended by adding
at the end the following:
``(j) One-Stop Paratransit Program.--
``(1) In general.--Not later than 6 months after the date
of enactment of this subsection, the Secretary shall establish
a one-stop paratransit competitive grant program to encourage
an extra stop in non-fixed route Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) service for a paratransit
rider to complete essential tasks.
``(2) Preference.--The Secretary shall give preference to
eligible recipients that--
``(A) have comparable data for the year prior to
implementation of the grant program and made available
to the Secretary, academic and nonprofit organizations
for research purposes; and
``(B) plan to use agency personnel to implement the
pilot program.
``(3) Application criteria.--To be eligible to participate
in the grant program, an eligible recipient shall submit to the
Secretary an application containing such information as the
Secretary may require, including information on--
``(A) locations the eligible entity intends to
allow a stop at, if stops are limited, including--
``(i) childcare or education facilities;
``(ii) pharmacies;
``(iii) grocery stores; and
``(iv) bank or ATM locations;
``(B) methodology for informing the public of the
grant program;
``(C) vehicles, personnel, and other resources that
will be used to implement the grant program;
``(D) if the applicant does not intend the grant
program to apply to the full area under the
jurisdiction of the applicant, a description of the
geographic area in which the applicant intends the
grant program to apply; and
``(E) the anticipated amount of increased operating
costs.
``(4) Selection.--The Secretary shall seek to achieve
diversity of participants in the grant program by selecting a
range of eligible entities that includes at least--
``(A) 5 eligible recipients that serve an area with
a population of 50,000 to 200,000;
``(B) 10 eligible recipients that serve an area
with a population of over 200,000; and
``(C) 5 eligible recipients that provide
transportation for rural communities.
``(5) Data-sharing criteria.--An eligible recipient in this
subsection shall provide data as the Secretary requires, which
may include--
``(A) number of ADA paratransit trips conducted
each year;
``(B) requested time of each paratransit trip;
``(C) scheduled time of each paratransit trip;
``(D) actual pickup time for each paratransit trip;
``(E) average length of a stop in the middle of a
ride as allowed by this subsection;
``(F) any complaints received by a paratransit
rider;
``(G) rider satisfaction with paratransit services;
and
``(H) after the completion of the grant, an
assessment by the eligible recipient of its capacity to
continue a one-stop program independently.
``(6) Report.--
``(A) In general.--The Secretary shall make
publicly available an annual report on the program
carried out under this subsection for each fiscal year,
not later than December 31 of the calendar year in
which such fiscal year ends.
``(B) Contents.--The report required under
subparagraph (A) shall include a detailed description
of the activities carried out under the program, and an
evaluation of the program, including an evaluation of
the data shared by eligible recipients under paragraph
(5).''.
Subtitle C--Buy America and Other Procurement Reforms
SEC. 2301. BUY AMERICA.
(a) Buy America.--
(1) In general.--Chapter 53 of title 49, United States
Code, is amended by inserting before section 5321 the
following:
``Sec. 5320. Buy America
``(a) In General.--The Secretary may obligate an amount that may be
appropriated to carry out this chapter for a project only if the steel,
iron, and manufactured goods used in the project are produced in the
United States.
``(b) Waiver.--The Secretary may waive subsection (a) if the
Secretary finds that--
``(1) applying subsection (a) would be inconsistent with
the public interest;
``(2) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
``(3) when procuring rolling stock (including train
control, communication, traction power equipment, and rolling
stock prototypes) under this chapter--
``(A) the cost of components and subcomponents
produced in the United States is more than 70 percent
of the cost of all components of the rolling stock; and
``(B) final assembly of the rolling stock has
occurred in the United States; or
``(4) including domestic material will increase the cost of
the overall project by more than 25 percent.
``(c) Written Waiver Determination and Annual Report.--
``(1) Waiver procedure.--Not later than 120 days after the
submission of a request for a waiver, the Secretary shall make
a determination under subsection (b)(1), (b)(2), or (b)(4) as
to whether to waive subsection (a).
``(2) Public notification and comment.--
``(A) In general.--Not later than 30 days before
making a determination regarding a waiver described in
paragraph (1), the Secretary shall provide notification
and an opportunity for public comment on the request
for such waiver.
``(B) Notification requirements.--The notification
required under subparagraph (A) shall--
``(i) describe whether the application is
being made for a waiver described in subsection
(b)(1), (b)(2) or (b)(4); and
``(ii) be provided to the public by
electronic means, including on a public website
of the Department of Transportation.
``(3) Determination.--Before a determination described in
paragraph (1) takes effect, the Secretary shall publish a
detailed justification for such determination that addresses
all public comments received under paragraph (2)--
``(A) on the public website of the Department of
Transportation; and
``(B) if the Secretary issues a waiver with respect
to such determination, in the Federal Register.
``(4) Annual report.--Annually, the Secretary shall submit
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report listing any waiver
issued under paragraph (1) during the preceding year.
``(d) Rolling Stock Waiver Conditions.--
``(1) Labor costs for final assembly.--In this section,
highly skilled labor costs involved in final assembly shall be
included as a separate component in the cost of components and
subcomponents under subsection (b)(3)(A).
``(2) High domestic content component bonus.--In this
section, in calculating the domestic content of the rolling
stock under subsection (b)(3)(A), the percent, rounded to the
nearest whole number, of the domestic content in components of
such rolling stock, weighted by cost, shall be used in
calculating the domestic content of the rolling stock, except--
``(A) with respect to components that exceed--
``(i) 70 percent domestic content, the
Secretary shall add 10 additional percent to
the component's domestic content when
calculating the domestic content of the rolling
stock; and
``(ii) 75 percent domestic content, the
Secretary shall add 15 additional percent to
the component's domestic content when
calculating the domestic content of the rolling
stock; and
``(B) in no case may a component exceed 100 percent
domestic content when calculating the domestic content
of the rolling stock.
``(3) Rolling stock frames or car shells.--
``(A) Inclusion of costs.--Subject to the
substantiation requirement of subparagraph (B), in
calculating the cost of the domestic content of the
rolling stock under subsection (b)(3), in the case of a
rolling stock procurement receiving assistance under
this chapter in which the average cost of a rolling
stock vehicle in the procurement is more than $300,000,
if rolling stock frames or car shells are not produced
in the United States, the Secretary shall include in
the calculation of the domestic content of the rolling
stock the cost of the steel or iron that is produced in
the United States and used in the rolling stock frames
or car shells.
``(B) Substantiation.--If a rolling stock vehicle
manufacturer wishes to include in the calculation of
the vehicle's domestic content the cost of steel or
iron produced in the United States and used in the
rolling stock frames and car shells that are not
produced in the United States, the manufacturer shall
maintain and provide upon request a mill certification
that substantiates the origin of the steel or iron.
``(4) Treatment of waived components and subcomponents.--In
this section, a component or subcomponent waived under
subsection (b) shall be excluded from any part of the
calculation required under subsection (b)(3)(A).
``(5) Zero-emission vehicle domestic battery cell
incentive.--The Secretary shall add 2.5 percent to the total
domestic content when calculating the domestic content of the
rolling stock for any zero-emission vehicle that uses only
battery cells for propulsion that are manufactured
domestically.
``(6) Prohibition on double counting.--
``(A) In general.--No labor costs included in the
cost of a component or subcomponent by the manufacturer
of rolling stock may be treated as rolling stock
assembly costs for purposes of calculating domestic
content.
``(B) Violation.--A violation of this paragraph
shall be treated as a false claim under subchapter III
of chapter 37 of title 31.
``(7) Definition of highly skilled labor costs.--In this
subsection, the term `highly skilled labor costs'--
``(A) means the apportioned value of direct wage
compensation associated with final assembly activities
of workers directly employed by a rolling stock
original equipment manufacturer and directly associated
with the final assembly activities of a rolling stock
vehicle that advance the value or improve the condition
of the end product;
``(B) does not include any temporary or indirect
activities or those hired via a third-party contractor
or subcontractor;
``(C) are limited to metalworking, fabrication,
welding, electrical, engineering, and other technical
activities requiring training;
``(D) are not otherwise associated with activities
required under section 661.11 of title 49, Code of
Federal Regulations; and
``(E) includes only activities performed in the
United States and does not include that of foreign
nationals providing assistance at a United States
manufacturing facility.
``(e) Certification of Domestic Supply and Disclosure.--
``(1) Certification of domestic supply.--If the Secretary
denies an application for a waiver under subsection (b)(2), the
Secretary shall provide to the applicant a written
certification that--
``(A) the steel, iron, or manufactured goods, as
applicable, (referred to in this paragraph as the
`item') is produced in the United States in a
sufficient and reasonably available amount;
``(B) the item produced in the United States is of
a satisfactory quality; and
``(C) includes a list of known manufacturers in the
United States from which the item can be obtained.
``(2) Disclosure.--The Secretary shall disclose the waiver
denial and the written certification to the public in the
manner described in subsection (c).
``(f) Waiver Prohibited.--The Secretary may not make a waiver under
subsection (b) for goods produced in a foreign country if the
Secretary, in consultation with the United States Trade Representative,
decides that the government of that foreign country--
``(1) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
section; and
``(2) has violated the agreement by discriminating against
goods to which this section applies that are produced in the
United States and to which the agreement applies.
``(g) Penalty for Mislabeling and Misrepresentation.--A person is
ineligible under subpart 9.4 of the Federal Acquisition Regulation, or
any successor thereto, to receive a contract or subcontract made with
amounts authorized under title II of division B of the INVEST in
America Act if a court or department, agency, or instrumentality of the
Government decides the person intentionally--
``(1) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this section applies but not produced in the United
States; or
``(2) represented that goods described in paragraph (1)
were produced in the United States.
``(h) State Requirements.--The Secretary may not impose any
limitation on assistance provided under this chapter that restricts a
State from imposing more stringent requirements than this subsection on
the use of articles, materials, and supplies mined, produced, or
manufactured in foreign countries in projects carried out with that
assistance or restricts a recipient of that assistance from complying
with those State-imposed requirements.
``(i) Opportunity To Correct Inadvertent Error.--The Secretary may
allow a manufacturer or supplier of steel, iron, or manufactured goods
to correct after bid opening any certification of noncompliance or
failure to properly complete the certification (but not including
failure to sign the certification) under this subsection if such
manufacturer or supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incorrect certification as a
result of an inadvertent or clerical error. The burden of establishing
inadvertent or clerical error is on the manufacturer or supplier.
``(j) Administrative Review.--A party adversely affected by an
agency action under this subsection shall have the right to seek review
under section 702 of title 5.
``(k) Steel and Iron.--For purposes of this section, steel and iron
meeting the requirements of section 661.5(b) of title 49, Code of
Federal Regulations, may be considered produced in the United States.
``(l) Definition of Small Purchase.--For purposes of determining
whether a purchase qualifies for a general public interest waiver under
subsection (b)(1), including under any regulation promulgated under
such subsection, the term `small purchase' means a purchase of not more
than $150,000.
``(m) Preaward and Postdelivery Review of Rolling Stock
Purchases.--
``(1) In general.--The Secretary shall prescribe
regulations requiring a preaward and postdelivery certification
of a rolling stock vehicle that meets the requirements of this
section and Government motor vehicle safety requirements to be
eligible for a grant under this chapter. For compliance with
this section--
``(A) Federal inspections and review are required;
``(B) a manufacturer certification is not
sufficient; and
``(C) a rolling stock vehicle that has been
certified by the Secretary remains certified until the
manufacturer makes a material change to the vehicle, or
adjusts the cost of all components of the rolling
stock, that reduces, by more than half, the percentage
of domestic content above 70 percent.
``(2) Certification of percentage.--
``(A) In general.--The Secretary may, at the
request of a component or subcomponent manufacturer,
certify the percentage of domestic content and place of
manufacturing for a component or subcomponent.
``(B) Period of certification.--Any component or
subcomponent certified by the Secretary shall remain
certified until the manufacturer makes a material
change to the domestic content or the place of
manufacturing of such component or subcomponent.
``(3) Freedom of information act.--In carrying out this
subsection, the Secretary shall apply the provisions of section
552 of title 5, including subsection (b)(4) of such section.
``(4) Noncompliance.--The Secretary shall prohibit
recipients from procuring rolling stock, components, or
subcomponents from a supplier that intentionally provides false
information to comply with this subsection.
``(n) Scope.--The requirements of this section apply to all
contracts for a public transportation project carried out within the
scope of the applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
regardless of the funding source of such contracts, if at least one
contract for the public transportation project is funded with amounts
made available to carry out this chapter.
``(o) Buy America Conformity.--The Secretary shall ensure that all
Federal funds for new commuter rail projects shall comply with this
section and shall not be subject to section 22905(a).
``(p) Audits and Reporting of Waste, Fraud, and Abuse.--
``(1) In general.--The Inspector General of the Department
of Transportation shall conduct an annual audit on
certifications under subsection (m) regarding compliance with
Buy America.
``(2) Report fraud, waste, and abuse.--The Secretary shall
display a `Report Fraud, Waste, and Abuse' button and link to
Department of Transportation's Office of Inspector General
Hotline on the Federal Transit Administration's Buy America
landing page.
``(3) Contract requirement.--The Secretary shall require
all recipients who enter into contracts to purchase rolling
stock with funds provided under this chapter to include in such
contract information on how to contact the Department of
Transportation's Office of Inspector General Hotline to report
suspicions of fraud, waste, and abuse.
``(q) Passenger Motor Vehicles.--
``(1) In general.--Any domestically manufactured passenger
motor vehicle shall be considered to be produced in the United
States under this section.
``(2) Domestically manufactured passenger motor vehicle.--
In this subsection, the term `domestically manufactured
passenger motor vehicle' means any passenger motor vehicle, as
such term is defined in section 32304(a) that--
``(A) has under section 32304(b)(1)(B) its final
assembly place in the United States; and
``(B) the percentage (by value) of passenger motor
equipment under section 32304(b)(1)(A) equals or
exceeds 60 percent value added.
``(r) Rolling Stock Components and Subcomponents.--No bus shell,
railcar frame, or other component or subcomponent that is primarily
made of steel or iron shall be treated as produced in the United States
for purposes of subsection (b)(3) or determined to be of domestic
origin under section 661.11 of title 49, Code of Federal Regulations,
if the material inputs of such component or subcomponent were imported
into the United States and the processes performed in the United States
on the imported articles would not result in a change in the article's
classification to chapter 86 or 87 of the Harmonized Tariff Schedule of
the United States from another chapter or a new heading of any chapter
from the heading under which the article was classified upon entry.
``(s) Treatment of Steel and Iron Components as Produced in the
United States.--Notwithstanding any other provision of any law or any
rule, regulation, or policy of the Federal Transit Administration,
steel and iron components of a system, as defined in section 661.3 of
title 49, Code of Federal Regulations, and of manufactured end products
referred to in Appendix A of such section, may not be considered to be
produced in the United States unless such components meet the
requirements of section 661.5(b) of title 49, Code of Federal
Regulations.''.
(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, as is amended by
adding at the end the following:
``(x) Bus Procurement Streamlining.--
``(1) In general.--The Secretary may only obligate amounts
for acquisition of buses under this chapter to a recipient that
issues a request for proposals for an open market procurement
that meets the following criteria:
``(A) Such request for proposals is limited to
performance specifications, except for components or
subcomponents identified in the negotiated rulemaking
carried out pursuant to this subsection.
``(B) Such request for proposals does not seek any
alternative design or manufacture specification of a
bus offered by a manufacturer, except to require a
component or subcomponent identified in the negotiated
rulemaking carried out pursuant to this subsection.
``(2) Specific bus component negotiated rulemaking.--
``(A) Initiation.--Not later than 120 days after
the date of enactment of the INVEST in America Act, the
Secretary shall initiate procedures under subchapter
III of chapter 5 of title 5 to negotiate and issue such
regulations as are necessary to establish as limited a
list as is practicable of bus components and
subcomponents described in subparagraph (B).
``(B) List of components.--The regulations required
under subparagraph (A) shall establish a list of bus
components and subcomponents that may be specified in a
request for proposals described in paragraph (1) by a
recipient. The Secretary shall ensure the list is
limited in scope and limited to only components and
subcomponents that cannot be selected with performance
specifications to ensure interoperability.
``(C) Publication of proposed regulations.--
Proposed regulations to implement this section shall be
published in the Federal Register by the Secretary not
later than 18 months after such date of enactment.
``(D) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry
out this paragraph shall have a maximum of 11 members
limited to representatives of the Department of
Transportation, urban and rural recipients (including
State government recipients), and transit vehicle
manufacturers.
``(E) Extension of deadlines.--A deadline set forth
in subparagraph (C) may be extended up to 180 days if
the negotiated rulemaking committee referred to in
subparagraph (D) concludes that the committee cannot
meet the deadline and the Secretary so notifies the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
``(3) Savings clause.--Nothing in this section shall be
construed to provide additional authority for the Secretary to
restrict what a bus manufacturer offers to sell to a public
transportation agency.''.
SEC. 2303. BUS TESTING FACILITY.
Section 5318 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Testing Schedule.--The Secretary shall--
``(1) determine eligibility of a bus manufacturer's request
for testing within 10 business days; 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, (as redesignated by this Act) is amended by striking ``made by a
public transportation agency with a rail rolling stock manufacturer
described in paragraph (1)'' and 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) 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, with a goal of identifying skills
gaps, retraining existing workers to operate
and maintain zero-emission vehicles and related
infrastructure, and avoiding 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.''; and
(4) by adding at the end the following:
``(8) Low and moderate community grants.--Not less than 10
percent of the amounts made available under this subsection in
a fiscal year shall be distributed to projects serving
predominantly low-income communities.
``(9) Priority set-aside.--Of the amounts made available
under this subsection in a fiscal year, not less than--
``(A) 20 percent shall be distributed to applicants
in priority areas; and
``(B) 10 percent shall be distributed to applicants
not located in priority areas whose board of directors
have approved a long-term integrated fleet management
plan that establishes a goal to convert 100 percent of
their bus fleet to zero-emission buses within 15
years.''.
(b) Metropolitan Transportation Planning.--Section 5303(b) of title
49, United States Code, is amended by adding at the end the following:
``(9) Maintenance area.--The term `maintenance area' has
the meaning given the term in sections 171(2) and 175A of the
Clean Air Act (42 U.S.C. 7501(2); 7505a).''.
SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FORMULA SUBGRANT.
Section 5339 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Restoration to State of Good Repair Formula Subgrant.--
``(1) General authority.--The Secretary may make grants
under this subsection to assist eligible recipients and
subrecipients described in paragraph (2) in financing capital
projects to replace, rehabilitate, and purchase buses and
related equipment.
``(2) Eligible recipients and subrecipients.--Not later
than September 1 annually, the Secretary shall make public a
list of eligible recipients and subrecipients based on the most
recent data available in the National Transit Database to
calculate the 20 percent of eligible recipients and
subrecipients with the highest percentage of asset vehicle
miles for buses beyond the useful life benchmark established by
the Federal Transit Administration.
``(3) Urban apportionments.--Funds allocated under section
5338(a)(2)(L)(ii) shall be--
``(A) distributed to--
``(i) designated recipients in an urbanized
area with a population of more than 200,000
made eligible by paragraph (1); and
``(ii) States based on subrecipients made
eligible by paragraph (1) in an urbanized area
under 200,000; and
``(B) allocated pursuant to the formula set forth
in section 5336 other than subsection (b), using the
data from the 20 percent of eligible recipients and
subrecipients.
``(4) Rural allocation.--The Secretary shall--
``(A) calculate the percentage of funds under
section 5338(a)(2)(L)(ii) to allocate to rural
subrecipients by dividing--
``(i) the asset vehicle miles for buses
beyond the useful life benchmark (established
by the Federal Transit Administration) of the
rural subrecipients described in paragraph (2);
by
``(ii) the total asset vehicle miles for
buses beyond such benchmark of all eligible
recipients and subrecipients described in
paragraph (2); and
``(B) prior to the allocation described in
paragraph (3)(B), apportion to each State the amount of
the total rural allocation calculated under
subparagraph (A) attributable to such State based the
proportion that--
``(i) the asset vehicle miles for buses
beyond the useful life benchmark (established
by the Federal Transit Administration) for
rural subrecipients described in paragraph (2)
in such State; bears to
``(ii) the total asset vehicle miles
described in subparagraph (A)(i).
``(5) Application of other provisions.--Paragraphs (3),
(7), and (8) of subsection (a) shall apply to eligible
recipients and subrecipients described in paragraph (2) of a
grant under this subsection.
``(6) Prohibition.--No eligible recipient or subrecipient
outside the top 5 percent of asset vehicle miles for buses
beyond the useful life benchmark established by the Federal
Transit Administration may receive a grant in both fiscal year
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.''.
Subtitle E--Supporting All Riders
SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.
Section 5336(j) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``75 percent'' and
inserting ``50 percent'';
(2) in paragraph (2) by striking ``25 percent'' and
inserting ``12.5 percent''; and
(3) by adding at the end the following:
``(3) 30 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population of
200,000 or more in the ratio that--
``(A) the number of individuals in each such
urbanized area residing in an urban census tract with a
poverty rate of at least 20 percent during the 5 years
most recently ending; bears to
``(B) the number of individuals in all such
urbanized areas residing in an urban census tract with
a poverty rate of at least 20 percent during the 5
years most recently ending; and
``(4) 7.5 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
less than 200,000 in the ratio that--
``(A) the number of individuals in each such
urbanized area residing in an urban census tract with a
poverty rate of at least 20 percent during the 5 years
most recently ending; bears to
``(B) the number of individuals in all such areas
residing in an urban census tract with a poverty rate
of at least 20 percent during the 5 years most recently
ending.''.
SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.
Section 5311 of title 49, United States Code, as amended in section
2204, is further amended--
(1) in subsection (a) by adding at the end the following:
``(3) Persistent poverty county.--The term `persistent
poverty county' means any county with a poverty rate of at
least 20 percent--
``(A) as determined in each of the 1990 and 2000
decennial censuses;
``(B) in the Small Area Income and Poverty
Estimates of the Bureau of the Census for the most
recent year for which the estimates are available; and
``(C) has at least 25 percent of its population in
rural areas.'';
(2) in subsection (b)(2)(C)(i) by inserting ``and
persistent poverty counties'' before the semicolon; and
(3) in subsection (c) by striking paragraph (2) and
inserting the following:
``(2) Persistent poverty public transportation assistance
program.--
``(A) In general.--The Secretary shall carry out a
public transportation assistance program for areas of
persistent poverty.
``(B) Apportionment.--Of amounts made available or
appropriated for each fiscal year under section
5338(a)(2)(E)(ii) to carry out this paragraph, the
Secretary shall apportion funds to recipients for
service in, or directly benefitting, persistent poverty
counties for any eligible purpose under this section in
the ratio that--
``(i) the number of individuals in each
such rural area residing in a persistent
poverty county; bears to
``(ii) the number of individuals in all
such rural areas residing in a persistent
poverty county.''.
SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT REDUCED FARE TRANSIT.
Section 5312 of title 49, United States Code, is amended by adding
at the end the following:
``(j) Demonstration Grants To Support Reduced Fare Transit.--
``(1) In general.--Not later than 300 days after the date
of enactment of the INVEST in America Act, the Secretary shall
award grants (which shall be known as `Access to Jobs Grants')
to eligible entities, on a competitive basis, to implement
reduced fare transit service.
``(2) Notice.--Not later than 180 days after the date of
enactment of the INVEST in America Act, the Secretary shall
provide notice to eligible entities of the availability of
grants under paragraph (1).
``(3) Application.--To be eligible to receive a grant under
this subsection, an eligible recipient shall submit to the
Secretary an application containing such information as the
Secretary may require, including, at a minimum, the following:
``(A) A description of how the eligible entity
plans to implement reduced fare transit access with
respect to low-income individuals, including any
eligibility requirements for such transit access.
``(B) A description of how the eligible entity will
consult with local community stakeholders, labor
unions, local education agencies and institutions of
higher education, public housing agencies, and
workforce development boards in the implementation of
reduced fares.
``(C) A description of the eligible entity's
current fare evasion enforcement policies, including
how the eligible entity plans to use the reduced fare
program to reduce fare evasion.
``(D) An estimate of additional costs to such
eligible entity as a result of reduced transit fares.
``(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.
``(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); or
``(ii) whose family income is at or below a
set percent (as determined by the eligible
recipient) of the poverty line (as that term is
defined in section 673(2) of the Community
Service Block Grant Act (42 U.S.C. 9902(2)),
including any revision required by that
section) for a family of the size involved.
``(9) Report.--The Secretary shall designate a university
transportation center under section 5505 to collaborate with
the eligible entities receiving a grant under this subsection
to collect necessary data to evaluate the effectiveness of
meeting the targets described in the application of such
recipient, including increased ridership, impacts on fare
evasion, and progress towards significantly closing transit
equity gaps.''.
SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING.
(a) Best Practices.--
(1) In general.--
(A) Assistance to providers of public transit.--Not
later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall issue
nonbinding best practices to assist providers of public
transportation in setting the threshold for a major
service change as described in Circular 4702.1B of the
Federal Transit Administration.
(B) Specific providers of public transit.--For the
purposes of this section, the term ``providers of
public transportation'' means providers that operate 50
or more fixed route vehicles in peak service and are
located in an urbanized area of 200,000 or more in
population.
(2) Best practices.--In developing the best practices
described in paragraph (1), the Secretary--
(A) shall issue specific recommendations for
setting the threshold of a major service change, which
shall include, at a minimum, recommendations related
to--
(i) changes in hours of operations,
including consideration of changes during
nonpeak hours;
(ii) changes in the frequency of service;
(iii) changes in coverage, including the
opening and closing of stations and stops and
the changing of routes; and
(iv) the use of route-specific analyses in
addition to service-area level analyses;
(B) shall recommend specific percentage change
standards for the elements described in clauses (i),
(ii), and (iii) of subparagraph (A) to assist providers
of public transportation in setting the threshold for a
major service change in a manner that ensures
meaningful analyses and the provision of equitable
service; and
(C) may issue different best practices for
providers of public transportation of different sizes
and service types.
(b) Transit Cooperative Research Program Report.--
(1) Review.--Not later than 3 years after the issuance of
the best practices described in subsection (a), the Transit
Cooperative Research Program of the National Academy of
Sciences shall conduct a review of the manner in which
providers of public transportation define the threshold for a
major service change for purposes of compliance with Circular
4702.1B of the Federal Transit Administration, including--
(A) a survey of the standards used by providers of
public transportation to define the threshold for a
major service change;
(B) a review of the differences in standards used
to define the threshold for a major service change for
providers of public transportation of different sizes
and service types;
(C) information on the considerations used by
providers of public transportation when defining the
threshold for a major service change; and
(D) the extent to which providers of public
transportation are using the best practices described
in subsection (a).
(2) Report.--After the completion of the review described
in paragraph (1), the National Academy of Sciences shall issue
a report on the findings of the review and submit such report
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
SEC. 2505. GAO STUDY ON FARE-FREE TRANSIT.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the provision of fare-free transit service in the
United States, including an assessment of--
(1) the extent to which fare-free transit is available in
the United States; and
(2) the potential impacts of fare-free transit, which may
include--
(A) increased transit ridership;
(B) improved access to transportation for low-
income riders and marginalized communities;
(C) improved access to jobs and services;
(D) enhanced equity of the surface transportation
system;
(E) reductions in disputes or law enforcement
actions related to transit fares;
(F) environmental impacts;
(G) safety considerations; and
(H) the challenges of replacing farebox revenue.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate a
report containing the results of the study conducted under subsection
(a).
Subtitle F--Supporting Frontline Workers and Passenger Safety
SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING CENTER.
Section 5314(b) of title 49, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) National transit frontline workforce training
center.--
``(A) Establishment.--The Secretary shall establish
a national transit frontline workforce training center
(hereinafter referred to as the `Center') and enter
into a cooperative agreement with a nonprofit
organization with a demonstrated capacity to develop
and provide transit career pathway programs through
labor-management partnerships and registered
apprenticeships on a nationwide basis, in order to
carry out the duties under subparagraph (B). The Center
shall be dedicated to the needs of the frontline
transit workforce in both rural and urban transit
systems by providing training in the maintenance and
operations occupations based on industry best
practices.
``(B) Duties.--
``(i) In general.--In cooperation with the
Administrator of the Federal Transit
Administration, public transportation
authorities, and national entities, the Center
shall develop and conduct training and
educational programs for frontline local
transportation employees of recipients eligible
for funds under this chapter.
``(ii) Training and educational programs.--
The training and educational programs developed
under clause (i) may include courses in recent
developments, techniques, and procedures
related to--
``(I) developing consensus national
training standards, skills,
competencies, and recognized
postsecondary credentials in
partnership with industry stakeholders
for key frontline transit occupations
with demonstrated skill gaps;
``(II) developing recommendations
and best practices for curriculum and
recognized postsecondary credentials,
including related instruction and on-
the-job learning for registered
apprenticeship programs for transit
maintenance and operations occupations;
``(III) building local, regional,
and statewide transit training
partnerships to identify and address
workforce skill gaps and develop
skills, competencies, and recognized
postsecondary credentials needed for
delivering quality transit service and
supporting employee career advancement;
``(IV) developing programs for
training of transit frontline workers,
instructors, mentors, and labor-
management partnership representatives,
in the form of classroom, hands-on, on-
the-job, and web-based training,
delivered at a national center,
regionally, or at individual transit
agencies;
``(V) developing training programs
for skills and competencies related to
existing and emerging transit
technologies, including zero emission
buses;
``(VI) developing improved capacity
for safety, security, and emergency
preparedness in local transit systems
and in the industry as a whole
through--
``(aa) developing the role
of the transit frontline
workforce in building and
sustaining safety culture and
safety systems in the industry
and in individual public
transportation systems; and
``(bb) training to address
transit frontline worker roles
in promoting health and safety
for transit workers and the
riding public;
``(VII) developing local transit
capacity for career pathways programs
with schools and other community
organizations for recruiting and
training under-represented populations
as successful transit employees who can
develop careers in the transit
industry;
``(VIII) in collaboration with the
Administrator of the Federal Transit
Administration, the Bureau of Labor
Statistics, the Employment and Training
Adminstration, and organizations
representing public transit agencies,
conducting and disseminating research
to--
``(aa) provide transit
workforce job projections and
identify training needs and
gaps;
``(bb) determine the most
cost-effective methods for
transit workforce training and
development, including return
on investment analysis;
``(cc) identify the most
effective methods for
implementing successful safety
systems and a positive safety
culture; and
``(dd) promote transit
workforce best practices for
achieving cost-effective,
quality, safe, and reliable
public transportation services;
and
``(IX) providing culturally
competent training and educational
programs to all who participate,
regardless of gender, sexual
orientation, or gender identity,
including those with limited English
proficiency, diverse cultural and
ethnic backgrounds, and disabilities.
``(C) Coordination.--The Secretary shall coordinate
activities under this section, to the maximum extent
practicable, with the Employment and Training
Administration, including the National Office of
Apprenticeship of the Department of Labor and the
Office of Career, Technical, and Adult Education of the
Department of Education.
``(D) Availability of amounts.--
``(i) In general.--Not more than 1 percent
of amounts made available to a recipient under
sections 5307, 5337, and 5339 and not more than
2 percent of amounts made available to a
recipient under section 5311 is available for
expenditures by the recipient, with the
approval of the Secretary, to pay not more than
80 percent of the cost of eligible activities
under this subsection.
``(ii) Existing programs.--A recipient may
use amounts made available under clause (i) to
carry out existing local education and training
programs for public transportation employees
supported by the Secretary, the Department of
Labor, or the Department of Education.
``(iii) Limitation.--Any funds made
available under this section that are used to
fund an apprenticeship or apprenticeship
program shall only be used for, or provided to,
a registered apprenticeship program, including
any funds awarded for the purposes of grants,
contracts, or cooperative agreements, or the
development, implementation, or administration,
of an apprenticeship or an apprenticeship
program.
``(E) Definitions.--In this paragraph:
``(i) Career pathway.--The term `career
pathway' has the meaning given such term in
section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(ii) Recognized postsecondary
credential.--The term `recognized postsecondary
credential' has the meaning given such term in
section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(iii) Registered apprenticeship
program.--The term `registered apprenticeship
program' means an apprenticeship program
registered with the Department of Labor or a
Federally-recognized State Apprenticeship
Agency and that complies with the requirements
under parts 29 and 30 of title 29, Code of
Federal Regulations, as in effect on January 1,
2019.'';
(2) in paragraph (3) by striking ``or (2)''; and
(3) by striking paragraph (4).
SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.
Section 5329 of title 49, United States Code, is amended--
(1) in subsection (b)(2)(C)(ii)--
(A) in subclause (I) by striking ``and'' at the
end;
(B) in subclause (II) by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following:
``(III) innovations in driver
assistance technologies and driver
protection infrastructure where
appropriate, and a reduction in
visibility impairments that contribute
to pedestrian fatalities;'';
(2) in subsection (b)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by adding at the end 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) by striking subparagraph (G) and
inserting the following:
``(G) a comprehensive staff training program for
the operations and maintenance personnel and personnel
directly responsible for safety of the recipient that
includes--
``(i) the completion of a safety training
program;
``(ii) continuing safety education and
training; and
``(iii) de-escalation training;
``(H) a requirement that the safety committee only
approve a safety plan under subparagraph (A) if such
plan stays within such recipient's fiscal budget; and
``(I) a risk reduction program for transit
operations to improve safety by reducing the number and
rates of accidents, injuries, and assaults on transit
workers using data submitted to the National Transit
Database, including--
``(i) a reduction of vehicular and
pedestrian accidents involving buses that
includes measures to reduce visibility
impairments for bus operators that contribute
to accidents, including retrofits to buses in
revenue service and specifications for future
procurements that reduce visibility
impairments; and
``(ii) transit worker assault mitigation,
including the deployment of assault mitigation
infrastructure and technology on buses,
including barriers to restrict the unwanted
entry of individuals and objects into bus
operators' workstations when a recipient's risk
analysis performed by the safety committee
established in paragraph (4) determines that
such barriers or other measures would reduce
assaults on and injuries to transit workers;
and''; and
(B) by adding at the end the following:
``(4) Safety committee.--For purposes of the approval
process of an agency safety plan under paragraph (1), the
safety committee shall be convened by a joint labor-management
process and consist of an equal number of--
``(A) frontline employee representatives, selected
by the labor organization representing the plurality of
the frontline workforce employed by the recipient or if
applicable a contractor to the recipient; and
``(B) employer or State representatives.''; and
(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 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, Unites States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (H) by striking ``and'' at the
end;
(B) by redesignating subparagraph (I) as
subparagraph (J); and
(C) by inserting after subparagraph (H) the
following:
``(I) provide innovation and capacity-building to
rural and tribal public transportation recipients that
do not duplicate the activities of sections 5311(b) or
5312; and''; and
(2) by adding at the end the following:
``(4) Availability of amounts.--Of the amounts made
available to carry out this section under section 5338(c),
$1,500,000 shall be available to carry out activities described
in paragraph (2)(I).''.
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.
``(d) Equity.--In providing technical assistance under subsection
(c), the Secretary shall incorporate strategies to promote equity for
underrepresented and underserved communities, including--
``(1) preventing displacement of existing residents and
businesses;
``(2) mitigating rent and housing price increases;
``(3) incorporating affordable rental and ownership housing
in transit-oriented development;
``(4) engaging under-served, limited English proficiency,
low income, and minority communities in the planning process;
``(5) fostering economic development opportunities for
existing residents and businesses; and
``(6) targeting affordable housing that help lessen
homelessness.
``(d) Authority To Request Staffing Assistance.--In fulfilling the
duties of this section, the Secretary shall, as needed, request
staffing and technical assistance from other Federal agencies,
programs, administrations, boards, or commissions.
``(e) Review Existing Policies and Programs.--Not later than 24
months after the date of enactment of this section, the Secretary shall
review and evaluate all existing policies and programs within the
Federal Transit Administration that support or promote transit-oriented
development to ensure their coordination and effectiveness relative to
the goals of this section.
``(f) Reporting.--Not later than February 1 of each year beginning
the year after the date of enactment of this section, the Secretary
shall prepare a report detailing the grants and technical assistance
provided under this section, the number of affordable housing units
constructed or planned as a result of projects funded in this section,
and the number of affordable housing units constructed or planned as a
result of a property transfer under section 5334(h)(1). The report
shall be provided to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
``(g) Savings Clause.--Nothing in this section authorizes the
Secretary to provide any financial assistance for the construction of
housing.
``(h) Priority for Low-Income Areas.--In awarding grants under this
section, the Secretary shall give priority to projects under this
section that expand or build transit in low-income areas or that
provide access to public transportation to low-income areas that do not
have access to public transportation.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5327 the following:
``5328. Transit-supportive communities.''.
(c) Technical and Conforming Amendment.--Section 20005 of the MAP-
21 (Public Law 112-141) is amended--
(1) by striking ``(a) Amendment.--''; and
(2) by striking subsection (b).
SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.
Section 5334(h)(1) of title 49, United States Code, is amended to
read as follows:
``(1) In general.--If a recipient of assistance under this
chapter decides an asset acquired under this chapter at least
in part with that assistance is no longer needed for the
purpose for which such asset was acquired, the Secretary may
authorize the recipient to transfer such asset to--
``(A) a local governmental authority to be used for
a public purpose with no further obligation to the
Government if the Secretary decides--
``(i) the asset will remain in public use
for at least 5 years after the date the asset
is transferred;
``(ii) there is no purpose eligible for
assistance under this chapter for which the
asset should be used;
``(iii) the overall benefit of allowing the
transfer is greater than the interest of the
Government in liquidation and return of the
financial interest of the Government in the
asset, after considering fair market value and
other factors; and
``(iv) through an appropriate screening or
survey process, that there is no interest in
acquiring the asset for Government use if the
asset is a facility or land; or
``(B) a local governmental authority, nonprofit
organization, or other third party entity to be used
for the purpose of transit-oriented development with no
further obligation to the Government if the Secretary
decides--
``(i) the asset is a necessary component of
a proposed transit-oriented development
project;
``(ii) the transit-oriented development
project will increase transit ridership;
``(iii) at least 40 percent of the housing
units offered in the transit-oriented
development , including housing units owned by
nongovernmental entities, are legally binding
affordability restricted to tenants with
incomes at or below 60 percent of the area
median income and/or owners with incomes at or
below 60 percent the area median income;
``(iv) the asset will remain in use as
described in this section for at least 30 years
after the date the asset is transferred; and
``(v) with respect to a transfer to a third
party entity--
``(I) a local government authority
or nonprofit organization is unable to
receive the property;
``(II) the overall benefit of
allowing the transfer is greater than
the interest of the Government in
liquidation and return of the financial
interest of the Government in the
asset, after considering fair market
value and other factors; and
``(III) the third party has
demonstrated a satisfactory history of
construction or operating an affordable
housing development.''.
SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, is further amended--
(1) in subsection (g)--
(A) in paragraph (2)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) in the case of a new fixed guideway
capital project or a core capacity improvement
project, allow a weighting 5 percentage points
greater to the economic development criterion
and 5 percentage points lesser to the lowest
scoring criterion if the applicant demonstrates
substantial efforts to preserve or encourage
affordable housing near the project by
providing documentation of policies that allow
by-right multi-family housing, single room
occupancy units, or accessory dwelling units,
providing local capital sources for transit-
oriented development, or demonstrate other
methods as determined by the Secretary.''; and
(B) in paragraph (3) by adding at the end the
following:
``(B) establish a warrant that applies to the
economic development project justification criteria,
provided that the applicant that requests a warrant
under this process has completed and submitted a
housing feasibility assessment.''; and
(2) in subsection (l)(4) by adding at the end the
following:
``(E) from grant proceeds distributed under section
103 of the Housing and Community Development Act of
1974 (42 U.S.C. 5303) or section 201 of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3141) provided that--
``(i) such funds are used in conjunction
with the planning or development of affordable
housing; and
``(ii) such affordable housing is located
within one-half of a mile of a new station.''.
Subtitle H--Innovation
SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM.
Section 5312(d) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Mobility innovation sandbox program.--The Secretary
may make funding available under this subsection to carry out
research on mobility on demand and mobility as a service
activities eligible under section 5316.''.
SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.
Section 5312(d) of title 49, United States Code, is further amended
by adding at the end the following:
``(4) Transit bus operator compartment redesign program.--
``(A) In general.--The Secretary may make funding
available under this subsection to carry out research
on redesigning transit bus operator compartments to
improve safety, operational efficiency, and passenger
accessibility.
``(B) Objectives.--Research objectives under this
paragraph shall include--
``(i) increasing bus operator safety from
assaults;
``(ii) optimizing operator visibility and
reducing operator distractions to improve
safety of bus passengers, pedestrians,
bicyclists, and other roadway users;
``(iii) expanding passenger accessibility
for positive interactions between operators and
passengers, including assisting passengers in
need of special assistance;
``(iv) accommodating compliance for
passenger boarding, alighting, and securement
with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.); and
``(v) improving ergonomics to reduce bus
operator work-related health issues and
injuries, as well as locate key instrument and
control interfaces to improve operational
efficiency and convenience.
``(C) Activities.--Eligible activities under this
paragraph shall include--
``(i) measures to reduce visibility
impairments and distractions for bus operators
that contribute to accidents, including
retrofits to buses in revenue service and
specifications for future procurements that
reduce visibility impairments and distractions;
``(ii) the deployment of assault mitigation
infrastructure and technology on buses,
including barriers to restrict the unwanted
entry of individuals and objects into bus
operators' workstations;
``(iii) technologies to improve passenger
accessibility, including boarding, alighting,
and securement in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.);
``(iv) installation of seating and
modification to design specifications of bus
operator workstations that reduce or prevent
injuries from ergonomic risks; or
``(v) other measures that align with the
objectives under subparagraph (B).
``(D) Eligible entities.--Entities eligible to
receive funding under this paragraph shall include
consortia consisting of, at a minimum:
``(i) recipients of funds under this
chapter that provide public transportation
services;
``(ii) transit vehicle manufacturers;
``(iii) representatives from organizations
engaged in collective bargaining on behalf of
transit workers in not fewer than 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; 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 2021 through 2025.
(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.
``(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.'';
(C) by striking paragraph (5) and inserting the
following:
``(5) Policy guidance.--The Secretary shall issue policy
guidance on the review and evaluation process and criteria not
later than 180 days after the date of enactment of the INVEST
in America Act.'';
(D) by striking paragraph (6) and inserting the
following:
``(6) Transparency.--Not later than 30 days after the
Secretary receives a written request from an applicant for all
remaining information necessary to obtain 1 or more of the
following, the Secretary shall provide such information to the
applicant:
``(A) Project advancement.
``(B) Medium or higher rating.
``(C) Warrant.
``(D) Letter of intent.
``(E) Early systems work agreement.''; and
(E) in paragraph (7) by striking ``the Federal
Public Transportation Act of 2012'' and inserting ``the
INVEST in America Act'';
(8) in subsection (h)--
(A) in paragraph (5) by inserting ``, except that
for a project for which a lower local cost share is
elected under subsection (l)(1)(C), the Secretary shall
enter into a grant agreement under this subsection for
any such project that establishes contingency amounts
that the applicant determines to be reasonable to cover
unanticipated cost increases or funding shortfalls''
before the period at the end; and
(B) in paragraph (7)(C) by striking ``10 days'' and
inserting ``3 days'';
(9) by striking subsection (i) and inserting the following:
``(i) Interrelated Projects.--
``(1) Ratings improvement.--The Secretary shall grant a
rating increase of 1 level in mobility improvements to any
project being rated under subsection (d), (e), or (h), if the
Secretary certifies that the project has a qualifying
interrelated project that meets the requirements of paragraph
(2).
``(2) Interrelated project.--A qualifying interrelated
project is a transit project that--
``(A) is adopted into the metropolitan
transportation plan required under section 5303;
``(B) has received a class of action designation
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(C) will likely increase ridership on the project
being rated in subsection (d), (e), or (h),
respectively, as determined by the Secretary; and
``(D) meets one of the following criteria:
``(i) Extends the corridor of the project
being rated in subsection (d), (e), or (h),
respectively.
``(ii) Provides a direct passenger transfer
to the project being rated in subsection (d),
(e), or (h), respectively.'';
(10) in subsection (k)--
(A) in paragraph (2)(D) by adding at the end the
following:
``(v) Local funding commitment.-- For a
project for which a lower CIG cost share is
elected by the applicant under subsection
(l)(1)(C), the Secretary shall enter into a
full funding grant agreement that has at least
75 percent of local financial commitment
committed and the remaining percentage budgeted
for the proposed purposes.''; and
(B) in paragraph (5) by striking ``30 days'' and
inserting ``3 days'';
(11) in subsection (l)--
(A) in paragraph (1) by striking subparagraph (B)
and inserting the following:
``(B) Cap.--Except as provided in subparagraph (C),
a grant for a project under this section shall not
exceed 80 percent of the net capital project cost,
except that a grant for a core capacity improvement
project shall not exceed 80 percent of the net capital
project cost of the incremental cost to increase the
capacity in the corridor.
``(C) Applicant election of lower local cig cost
share.--An applicant may elect a lower local CIG cost
share for a project under this section for purposes of
application of the cost-share incentives under
subsection (f)(3). Such cost share shall not exceed 60
percent of the net capital project cost, except that
for a grant for a core capacity improvement project
such cost share shall not exceed 60 percent of the net
capital project cost of the incremental cost to
increase the capacity in the corridor.'';
(B) by striking paragraph (5) and inserting the
following:
``(5) Limitation on statutory construction.--Nothing in
this section shall be construed as authorizing the Secretary to
require, incentivize (in any manner not specified in this
section), or place additional conditions upon a non-Federal
financial commitment for a project that is more than 20 percent
of the net capital project cost or, for a core capacity
improvement project, 20 percent of the net capital project cost
of the incremental cost to increase the capacity in the
corridor.''; and
(C) by striking paragraph (8) and inserting the
following:
``(8) Contingency share.--The Secretary shall provide
funding for the contingency amount equal to the proportion of
the CIG cost share. If the Secretary increases the contingency
amount after a project has received a letter of no prejudice or
been allocated appropriated funds, the federal share of the
additional contingency amount shall be 25 percent higher than
the original proportion the CIG cost share and in addition to
the grant amount set in subsection (k)(2)(C)(ii).'';
(12) in subsection (o) by adding at the end the following:
``(4) CIG program dashboard.--Not later than the fifth day
of each month, the Secretary shall make publicly available on a
website data on, including the status of, each project under
this section that is in the project development phase, in the
engineering phase, or has received a grant agreement and
remains under construction. Such data shall include, for each
project--
``(A) the amount and fiscal year of any funding
appropriated, allocated, or obligated for the project;
``(B) the date on which the project--
``(i) entered the project development
phase;
``(ii) entered the engineering phase, if
applicable; and
``(iii) received a grant agreement, if
applicable; and
``(C) the status of review by the Federal Transit
Administration and the Secretary, including dates of
request, dates of acceptance of request, and dates of a
decision for each of the following, if applicable:
``(i) A letter of no prejudice.
``(ii) An environmental impact statement
notice of intent.
``(iii) A finding of no significant
environmental impact.
``(iv) A draft environmental impact
statement.
``(v) A final environmental impact
statement.
``(vi) A record of decision on the final
environmental impact statement.
``(vii) The status of the applicant in
securing the non-Federal match, based on
information provided by the applicant,
including the amount committed, budgeted,
planned, and undetermined.''; and
(13) by striking ``an acceptable degree of'' and inserting
``a'' each place it appears.
SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT DEADLINE.
Section 5336(d) of title 49, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) notwithstanding paragraph (1), apportion amounts to
the States appropriated under section 5338(a)(2) to carry out
sections 5307, 5310, and 5311 not later than December 15 for
which any amounts are appropriated; and''.
SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE.
Section 5334 of title 49, United States Code, is further amended by
adding at the end the following:
``(l) Disposition of Assets Beyond Useful Life.--
``(1) In general.--If a recipient, or subrecipient, for
assistance under this chapter disposes of an asset with a
current market value, or proceed from the sale of such asset,
acquired under this chapter at least in part with such
assistance, after such asset has reached the useful life of
such asset, the Secretary shall allow the recipient, or
subrecipient, to use the proceeds attributable to the Federal
share of such asset calculated under paragraph (3) for capital
projects under section 5307, 5310, or 5311.
``(2) Minimum value.--This subsection shall only apply to
assets with a current market value, or proceeds from sale, of
at least $5,000.
``(3) Calculation of federal share attributable.--The
proceeds attributable to the Federal share of an asset
described in paragraph (1) shall be calculated by multiplying--
``(A) the current market value of, or the proceeds
from the disposition of, such asset; by
``(B) the Federal share percentage for the
acquisition of such asset at the time of acquisition of
such asset.''.
SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBILITY.
Section 5310 of title 49, United States Code, as amended by section
2205, is further amended by adding at the end the following:
``(k) Innovative Coordinated Access and Mobility.--
``(1) Start up grants.--
``(A) In general.--The Secretary may make grants
under this paragraph to eligible recipients to assist
in financing innovative projects for the transportation
disadvantaged that improve the coordination of
transportation services and non-emergency medical
transportation services.
``(B) Application.--An eligible recipient shall
submit to the Secretary an application that, at a
minimum, contains--
``(i) a detailed description of the
eligible project;
``(ii) an identification of all eligible
project partners and the specific role of each
eligible project partner in the eligible
project, including--
``(I) private entities engaged in
the coordination of nonemergency
medical transportation services for the
transportation disadvantaged;
``(II) nonprofit entities engaged
in the coordination of nonemergency
medical transportation services for the
transportation disadvantaged; or
``(III) Federal and State entities
engaged in the coordination of
nonemergency medical transportation
services for the transportation
disadvantaged; and
``(iii) a description of how the eligible
project shall--
``(I) improve local coordination or
access to coordinated transportation
services;
``(II) reduce duplication of
service, if applicable; and
``(III) provide innovative
solutions in the State or community.
``(C) Performance measures.--An eligible recipient
shall specify, in an application for a grant under this
paragraph, the performance measures the eligible
project, in coordination with project partners, will
use to quantify actual outcomes against expected
outcomes, including--
``(i) changes to transportation
expenditures as a result of improved
coordination;
``(ii) changes to healthcare expenditures
provided by projects partners as a result of
improved coordination; and
``(iii) changes to health care metrics,
including aggregate health outcomes provided by
projects partners.
``(D) Eligible uses.--Eligible recipients receiving
a grant under this section may use such funds for--
``(i) the deployment of coordination
technology;
``(ii) projects that create or increase
access to community One-Call/One-Click Centers;
``(iii) projects that coordinate
transportation for 3 or more of--
``(I) public transportation
provided under this section;
``(II) a State plan approved under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.);
``(III) title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
``(IV) Veterans Health
Administration; or
``(V) private health care
facilities; and
``(iv) such other projects as determined
appropriate by the Secretary.
``(E) Consultation.--In evaluating the performance
metrics described in subparagraph (C), the Secretary
shall consult with the Secretary of Health and Human
Services.
``(2) Incentive grants.--
``(A) In general.--The Secretary may make grants
under this paragraph to eligible recipients to
incentivize innovative projects for the transportation
disadvantaged that improve the coordination of
transportation services and non-emergency medical
transportation services.
``(B) Selection of grant recipients.--The Secretary
shall distribute grant funds made available to carry
out this paragraph as described in subparagraph (E) to
eligible recipients that apply and propose to
demonstrate improvement in the metrics described in
subparagraph (F).
``(C) Eligibility.--An eligible recipient shall not
be required to have received a grant under paragraph
(1) to be eligible to receive a grant under this
paragraph.
``(D) Applications.--Eligible recipients shall
submit to the Secretary an application that includes--
``(i) which metrics under subparagraph (F)
the eligible recipient intends to improve;
``(ii) the performance data eligible
recipients and the Federal, State, nonprofit,
and private partners, as described in paragraph
(1)(B)(ii), of the eligible recipient will make
available; and
``(iii) a proposed incentive formula that
makes payments to the eligible recipient based
on the proposed data and metrics.
``(E) Distribution.--The Secretary shall distribute
funds made available to carry out this paragraph based
upon the number of grant applications approved by the
Secretary, number of individuals served by each grant,
and the incentive formulas approved by the Secretary
using the following metrics:
``(i) The reduced transportation
expenditures as a result of improved
coordination.
``(ii) The reduced Federal and State
healthcare expenditures using the metrics
described in subparagraph (F).
``(iii) The reduced private healthcare
expenditures using the metrics described in
subparagraph (F).
``(F) Healthcare metrics.--Healthcare metrics
described in this subparagraph shall be--
``(i) reducing missed medical appointments;
``(ii) the timely discharge of patients
from hospitals;
``(iii) preventing hospital admissions and
reducing readmissions of patients into
hospitals; and
``(iv) other measureable healthcare
metrics, as determined appropriate by the
Secretary, in consultation with the Secretary
of Health and Human Services.
``(G) Eligible expenditures.--The Secretary shall
allow the funds distributed by this grant program to be
expended on eligible activities described in paragraph
(1)(D) and any eligible activity under this section
that is likely to improve the metrics described in
subparagraph (F).
``(H) Recipient cap.--The Secretary--
``(i) may not provide more than 20 grants
under this paragraph; and
``(ii) shall reduce the maximum number of
grants under this paragraph to ensure projects
are fully funded, if necessary.
``(I) Consultation.--In evaluating the health care
metrics described in subparagraph (F), the Secretary
shall consult with the Secretary of Health and Human
Services.
``(J) Annual grantee report.--Each grantee shall
submit a report, in coordination with the project
partners of such grantee, that includes an evaluation
of the outcomes of the grant awarded to such grantee,
including the performance measures.
``(3) Report.--The Secretary shall make publicly available
an annual report on the program carried out under this
subsection for each fiscal year, not later than December 31 of
the calendar year in which that fiscal year ends. The report
shall include a detailed description of the activities carried
out under the program, and an evaluation of the program,
including an evaluation of the performance measures used by
eligible recipients in consultation with the Secretary of
Health and Human Services.
``(4) Federal share.--
``(A) In general.--The Federal share of the costs
of a project carried out under this subsection shall
not exceed 80 percent.
``(B) Non-federal share.--The non-Federal share of
the costs of a project carried out under this
subsection may be derived from in-kind contributions.
``(5) Rule of construction.--For purposes of this
subsection, nonemergency medical transportation services shall
be limited to services eligible under Federal programs other
than programs authorized under this chapter.''.
SEC. 2915. PASSENGER FERRY GRANTS.
Section 5307(h) of title 49, United States Code, is amended by
adding at the end the following paragraph:
``(4) Zero-emission or reduced-emission grants.--
``(A) Definitions.--In this paragraph--
``(i) the term `eligible project' means a
project or program of projects in an area
eligible for a grant under subsection (a) for--
``(I) acquiring zero- or reduced-
emission passenger ferries;
``(II) leasing zero- or reduced-
emission passenger ferries;
``(III) constructing facilities and
related equipment for zero- or reduced-
emission passenger ferries;
``(IV) leasing facilities and
related equipment for zero- or reduced-
emission passenger ferries;
``(V) constructing new public
transportation facilities to
accommodate zero- or reduced-emission
passenger ferries;
``(VI) constructing shoreside ferry
charging infrastructure for zero- or
reduced-emission passenger ferries; or
``(VII) rehabilitating or improving
existing public transportation
facilities to accommodate zero- or
reduced-emission passenger ferries;
``(ii) the term `zero- or reduced-emission
passenger ferry' means a passenger ferry used
to provide public transportation that reduces
emissions by utilizing onboard energy storage
systems for hybrid-electric or 100 percent
electric propulsion, related charging
infrastructure, and other technologies deployed
to reduce emissions or produce zero onboard
emissions under normal operation; and
``(iii) the term `recipient' means a
designated recipient, a local government
authority, or a State that receives a grant
under subsection (a).
``(B) General authority.--The Secretary may make
grants to recipients to finance eligible projects under
this paragraph.
``(C) Grant requirements.--A grant under this
paragraph shall be subject to the same terms and
conditions as a grant under subsection (a).
``(D) Competitive process.--The Secretary shall
solicit grant applications and make grants for eligible
projects under this paragraph on a competitive basis.
``(E) Government share of costs.--
``(i) In general.--The Federal share of the
cost of an eligible project carried out under
this paragraph shall not exceed 80 percent.
``(ii) Non-federal share.--The non-Federal
share of the cost of an eligible project
carried out under this subsection may be
derived from in-kind contributions.''.
SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL INVESTMENT.
Section 5309(h)(4) of title 49, United States Code, is amended by
inserting ``, the extent to which the project improves transportation
options to economically distressed areas,'' after ``public
transportation''.
SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NATIONAL ENVIRONMENTAL
POLICY ACT OF 1969 TO FEDERALLY FUNDED BUS SHELTERS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue best practices on the
application of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) to federally funded bus shelters to assist recipients of
Federal funds in receiving exclusions permitted by law.
SEC. 2918. CAPITAL INVESTMENT GRANT STREAMLINING.
(a) In General.--Section 3005(b) of the FAST Act (Public Law 116-
94) is repealed.
(b) Grandfather Clauses.--For any projects that have submitted an
application or are being evaluated under the program described in
section 3005(b) of such Act prior to the date of enactment of this Act,
the Secretary shall--
(1) continue to administer the project under the terms of
such section as it existed on the day prior to the date of
enactment of this Act; and
(2) for purposes of providing Federal assistance to such
project (and notwithstanding any other provision of law),
provide such funds as may be necessary from the amounts
provided in section 5338(b) of title 49, United States Code,
and division A of this Act.
TITLE III--HIGHWAY TRAFFIC SAFETY
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code--
(A) $378,400,000 for fiscal year 2023;
(B) $382,400,000 for fiscal year 2024;
(C) $386,500,000 for fiscal year 2025; and
(D) $390,400,000 for fiscal year 2026.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $182,495,000 for fiscal year 2023;
(B) $184,795,000 for fiscal year 2024;
(C) $187,795,000 for fiscal year 2025; and
(D) $190,695,000 for fiscal year 2026.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $384,119,000 for fiscal year 2023;
(B) $393,205,000 for fiscal year 2024;
(C) $402,205,000 for fiscal year 2025; and
(D) $411,388,000 for fiscal year 2026.
(4) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code--
(A) $5,700,000 for fiscal year 2023;
(B) $5,800,000 for fiscal year 2024;
(C) $5,900,000 for fiscal year 2025; and
(D) $6,000,000 for fiscal year 2026.
(5) High-visibility enforcement program.--For carrying out
section 404 of title 23, United States Code--
(A) $60,200,000 for fiscal year 2023;
(B) $60,600,000 for fiscal year 2024;
(C) $60,800,000 for fiscal year 2025; and
(D) $61,200,000 for fiscal year 2026.
(6) Administrative expenses.--For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code--
(A) $30,586,000 for fiscal year 2023;
(B) $31,000,000 for fiscal year 2024;
(C) $31,500,000 for fiscal year 2025; and
(D) $31,917,000 for fiscal year 2026.
(7) Center for fair and equitable traffic safety
enforcement.--For carrying out section 3003 of this title,
$35,000,000 for each of fiscal years 2023 through 2026.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, the amounts made available from the Highway Trust
Fund (other than the Mass Transit Account) for a program under such
chapters--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, amounts made available under subsection (a) for
fiscal years 2023 through 2026 shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1 of title
23, United States Code.
(d) Regulatory Authority.--Grants awarded under chapter 4 of title
23, United States Code, including any amendments made by this title,
shall be carried out in accordance with regulations issued by the
Secretary of Transportation.
(e) State Matching Requirements.--If a grant awarded under chapter
4 of title 23, United States Code, requires a State to share in the
cost, the aggregate of all expenditures for highway safety activities
made during a fiscal year by the State and its political subdivisions
(exclusive of Federal funds) for carrying out the grant (other than
planning and administration) shall be available for the purpose of
crediting the State during such fiscal year for the non-Federal share
of the cost of any other project carried out under chapter 4 of title
23, United States Code (other than planning or administration), without
regard to whether such expenditures were made in connection with such
project.
(f) Grant Application and Deadline.--To receive a grant under
chapter 4 of title 23, United States Code, a State shall submit an
application, and the Secretary of Transportation shall establish a
single deadline for such applications to enable the award of grants
early in the next fiscal year.
SEC. 3002. HIGHWAY SAFETY PROGRAMS.
Section 402 of title 23, United States Code, is amended--
(1) in subsection (a) by adding at the end the following:
``(3) Additional considerations.--States which have
legalized medicinal or recreational marijuana shall consider
programs in addition to the programs described in paragraph
(2)(A) to educate drivers on the risks associated with
marijuana-impaired driving and to reduce injuries and deaths
resulting from individuals driving motor vehicles while
impaired by marijuana.'';
(2) in subsection (c)--
(A) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Additional uses.--In addition to uses authorized
under paragraph (1) and as approved by the Secretary, States
may use funds under this section to--
``(A) educate the public on the dangers of
pediatric vehicular hyperthermia;
``(B) purchase and distribute child restraints to
low-income families; and
``(C) reduce injuries and deaths resulting from
drivers of motor vehicles not moving to another traffic
lane or reducing the speed of such driver's vehicle
when passing an emergency, law enforcement, or other
vehicle stopped or parked on or near the roadway.''.
(C) in paragraph (5), as so redesignated)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraph (B) as
subparagraph (D); and
(iii) by inserting after subparagraph (A)
the following:
``(B) Special rule for school and work zones.--
Notwithstanding subparagraph (A), a State may expend
funds apportioned to that State under this section to
carry out a program to purchase, operate, or maintain
an automated traffic system in a work zone or school
zone.
``(C) Automated traffic enforcement system
guidelines.--Any automated traffic enforcement system
installed pursuant to subparagraph (B) shall comply
with speed enforcement camera systems and red light
camera systems guidelines established by the
Secretary.''; and
(3) in subsection (n)--
(A) by striking ``Public Transparency'' and all
that follows through ``The Secretary'' and inserting
the following: ``Public Transparency.--
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) State highway safety plan website.--
``(A) In general.--In carrying out the requirements
of paragraph (1), the Secretary shall establish a
public website that is easily accessible, navigable,
and searchable for the information required under
paragraph (1), in order to foster greater transparency
in approved State highway safety programs.
``(B) Contents.--The website established under
subparagraph (A) shall--
``(i) include each State highway safety
plan and annual report submitted and approved
by the Secretary under subsection (k);
``(ii) provide a means for the public to
search such website for State highway safety
program content required in subsection (k),
including--
``(I) performance measures required
by the Secretary under paragraph
(3)(A);
``(II) progress made toward meeting
the State's performance targets for the
previous year;
``(III) program areas and
expenditures; and
``(IV) a description of any sources
of funds other than funds provided
under this section that the State
proposes to use to carry out the State
highway safety plan of such State.''.
SEC. 3003. FAIR AND EQUITABLE TRAFFIC SAFETY ENFORCEMENT.
(a) In General.--The Secretary of Transportation shall make grants
under this section to an eligible nonprofit institution of higher
education with demonstrated expertise in promoting fair and equitable
traffic safety enforcement to establish and operate a national center
of excellence for fair and equitable traffic safety enforcement (in
this section referred to as the ``Center'').
(b) Purpose.--The purpose of the Center shall be to promote fair
and equitable traffic safety enforcement with the goal of reducing
traffic fatalities and injuries.
(c) Role of Center.--The role of the Center shall be to establish
and operate a national fair and equitable traffic safety enforcement
clearinghouse to--
(1) develop data collection systems to promote fair and
equitable traffic safety enforcement solutions, including
assisting States participating in the program established under
section 403(j) of title 23, United States Code, (as added by
this Act) share data collected to a national database;
(2) develop recommendations for States to improve data
collection on law enforcement programs carried out under
sections 402 and 405 of this title in order to promote fair and
equitable traffic safety enforcement programs;
(3) provide technical assistance to States on the
implementation of the program established under section 403(j)
of title 23, United States Code, as added by this Act;
(4) research and disseminate best practices for
implementing equitable traffic safety enforcement programs; and
(5) develop information and educational programs on
implementing equitable traffic safety enforcement best
practices.
(d) Consultation.--In carrying out the activities under paragraphs
(4) and (5) of subsection (c), the Center shall consult with relevant
stakeholders, including--
(1) civil rights organizations;
(2) traffic safety advocacy groups;
(3) law enforcement representatives; and
(4) such other surface transportation stakeholders and
industry experts as the Center considers appropriate.
(e) Report to Congress.--Not later than 2 years after the
establishment of the Center under subsection (a), the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report on progress made toward meeting the goals
established under subsection (b).
SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) in subsection (b) by inserting ``, training,'' after
``demonstration projects'';
(2) in subsection (f)(1)--
(A) by striking ``$2,500,000'' and inserting
``$3,500,000''; and
(B) by striking ``subsection 402(c) in each fiscal
year ending before October 1, 2015, and $443,989 of the
total amount available for apportionment to the States
for highway safety programs under section 402(c) in the
period beginning on October 1, 2015, and ending on
December 4, 2015,'' and inserting ``section 402(c)(2)
in each fiscal year''; and
(3) by striking subsection (h) and redesignating
subsections (i) and (j) as subsections (h) and (i),
respectively.
SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.
Section 403 of title 23, United States Code, as amended by section
3004 of this Act, is further amended by adding at the end the
following:
``(j) Grant Program To Prohibit Racial Profiling.--
``(1) General authority.--Subject to the requirements of
this subsection, the Secretary shall make grants to a State
that--
``(A) is maintaining and allows public inspection
of statistical information for each motor vehicle stop
made by a law enforcement officer on a Federal-aid
highway in the State regarding the race and ethnicity
of the driver; or
``(B) provides assurances satisfactory to the
Secretary that the State is undertaking activities to
comply with the requirements of subparagraph (A).
``(2) Use of grant funds.--A grant received by a State
under paragraph (1) shall be used by the State for the costs
of--
``(A) collecting and maintaining data on traffic
stops;
``(B) evaluating the results of such data; and
``(C) developing and implementing programs to
reduce the occurrence of racial profiling.
``(3) Limitations.--The total amount of grants made to a
State under this section in a fiscal year may not exceed--
``(A) 10 percent of the amount made available to
carry out this section in the fiscal year for States
eligible under paragraph (1)(A); and
``(B) 5 percent of the amount made available to
carry out this section in the fiscal year for States
eligible under paragraph (1)(B).
``(4) Funding.--From funds made available under this
section, the Secretary shall set aside $15,000,000 for each
fiscal year to carry out this subsection.''.
SEC. 3006. NATIONAL SAFETY CAMPAIGNS.
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 texting through a personal wireless
communication device by drivers while operating a motor
vehicle.
``(3) Reduce violations of State move over laws which
require motorists to change lanes or slow down when emergency
or other vehicles are stopped or parked on or next to a
roadway.
``(d) Advertising.--The Secretary may use, or authorize the use of,
funds available to carry out this section to pay for the development,
production, and use of broadcast and print media advertising and
Internet-based outreach in carrying out campaigns under this section.
In allocating such funds, consideration shall be given to advertising
directed at non-English speaking populations, including those who
listen to, read, or watch nontraditional media.
``(e) Coordination With States.--The Secretary shall coordinate
with States in carrying out the high-visibility enforcement campaigns
under this section, including advertising funded under subsection (d),
with consideration given to--
``(1) relying on States to provide law enforcement
resources for the campaigns out of funding made available under
sections 402 and 405; and
``(2) providing, out of National Highway Traffic Safety
Administration resources, most of the means necessary for
national advertising and education efforts associated with the
campaigns.
``(f) Coordination of Dynamic Highway Message Signs.--During
national high-visibility enforcement emphasis periods supported by
these funds, the Federal Highway Administration and the National
Highway Traffic Safety Administration shall coordinate with State
departments of transportation on the use of dynamic highway message
signs to support high-visibility national emphasis activities.
``(g) Use of Funds.--Funds made available to carry out this section
may be used only for activities described in subsections (c) and (d).
``(h) Definition.--In this section:
``(1) Campaign.--The term `campaign' means a high-
visibility traffic safety law enforcement campaign or a traffic
safety public awareness campaign.
``(2) Dynamic highway.--The term `dynamic highway message
sign' means a traffic control device that is capable of
displaying one or more alternative messages which convey
information to travelers.
``(3) State.--The `State' has the meaning given that term
in section 401.''.
SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) In General.--Section 405 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``13 percent'' and
inserting ``12.85 percent'';
(B) in paragraph (2) by striking ``14.5 percent''
and inserting ``14.3 percent'';
(C) in paragraph (3) by striking ``52.5 percent''
and inserting ``51.75 percent'';
(D) in paragraph (4) by striking ``8.5 percent''
and inserting ``8.3 percent'';
(E) in paragraph (6) by striking ``5 percent'' and
inserting ``4.9 percent'';
(F) in paragraph (7) by striking ``5 percent'' and
inserting ``4.9 percent'';
(G) in paragraph (8)--
(i) by striking ``paragraphs (1) through
(7)'' and inserting ``paragraphs (1) through
(8)'';
(ii) by striking ``subsection (b) through
(h)'' and inserting ``subsections (b) through
(i)''; and
(iii) by inserting ``to carry out any of
the other activities described in such
subsections, or the amount made available''
before ``under section 402(c)(2)'';
(H) in paragraph (9)(A) by striking ``date of
enactment of the FAST Act'' and inserting ``date of
enactment of the INVEST in America Act'';
(I) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and
(J) by inserting after paragraph (7) the following:
``(8) Driver and officer safety education.--In each fiscal
year, 1.5 percent of the funds provided under this section
shall be allocated among States that meet the requirements with
respect to driver and officer safety education (as described in
subsection (i)).'';
(2) in subsection (c)(3)(E) by striking ``5'' and inserting
``10'';
(3) in subsection (b)(4)--
(A) in subparagraph (A) by striking clause (v) and
inserting the following:
``(v) implement programs in low-income and
underserved populations to--
``(I) recruit and train occupant
protection safety professionals,
nationally certified child passenger
safety technicians, police officers,
fire and emergency medical personnel,
and educators serving low-income and
underserved populations;
``(II) educate parents and
caregivers in low-income and
underserved populations about the
proper use and installation of child
safety seats; and
``(III) purchase and distribute
child safety seats to low-income and
underserved populations; and''; and
(B) in subparagraph (B)--
(i) by striking ``100 percent'' and
inserting ``90 percent''; and
(ii) by 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).
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) Other relevant information determined necessary by the
Secretary in order to make recommendations under subsection
(e).
(e) Report and Recommendations.--Upon completion of the review, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce of the Senate a report containing--
(1) the findings of the Secretary on each of the factors in
(d);
(2) a list of regulations applicable to commercial motor
vehicles and commercial motor vehicle operators that are not
applicable to commercial vehicle operations described in this
section; and
(3) recommendations, based on the findings, on changes to
laws or regulations at the Federal, State, or local level to
promote safe operations and safe and fair working conditions
for commercial vehicle operators.
Subtitle B--Motor Carrier Safety Oversight
SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144 of SAFETEA-LU (49 U.S.C. 31100 note) is amended--
(1) in subsection (b)(1) by inserting ``, including small
business motor carriers'' after ``industry''; and
(2) in subsection (d) by striking ``September 30, 2013''
and inserting ``September 30, 2026''.
SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall implement a revised
methodology to be used in the Compliance, Safety, Accountability
program of the Federal Motor Carrier Safety Administration to identify
and prioritize motor carriers for intervention, using the
recommendations of the study required by section 5221(a) of the FAST
Act (49 U.S.C. 31100 note).
(b) Data Availability.--The Secretary shall, in working toward
implementation of the revised methodology described in subsection (a)
prioritize revisions necessary to--
(1) restore the public availability of all relevant safety
data under a revised methodology; and
(2) make such safety data publicly available that was made
publicly available on the day before the date of enactment of
the FAST Act, as appropriate under a revised methodology.
(c) Implementation.--
(1) Progress reports.--Not later than 30 days after the
date of enactment of this Act, and every 90 days thereafter
until the date on which the Secretary implements the revised
methodology described in subsection (a), the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, and make publicly
available on a website of the Department of Transportation, a
progress report on--
(A) the status of the revision of the methodology
and related data modifications under subsection (a), a
timeline for completion of such revision, and an
estimated date for implementation of such revised
methodology;
(B) an explanation for any delays in development or
implementation of the revised methodology over the
reporting period; and
(C) if the Secretary has not resumed making
publicly available the data described in subsection
(b), an updated timeline for the restoration of the
public availability of data and a detailed explanation
for why such restoration has not occurred.
(2) Publication and notification.--Prior to commencing the
use of the revised methodology described in subsection (a) to
identify and prioritize motor carriers for intervention (other
than in a testing capacity), the Secretary shall--
(A) publish a detailed summary of the methodology
in the Federal Register and provide a period for public
comment; and
(B) notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate, in writing.
(d) Safety Fitness Rule.--
(1) Rulemaking.--Not later than 1 year after the date on
which the Secretary notifies Congress under subsection (c)(2),
the Secretary shall issue final regulations pursuant to section
31144(b) of title 49, United States Code, to revise the
methodology for issuance of motor carrier safety fitness
determinations.
(2) Considerations.--In issuing the regulations under
paragraph (1), the Secretary shall consider the use of all
available data to determine the fitness of a motor carrier.
(e) Repeal.--Section 5223 of the FAST Act (49 U.S.C. 31100 note),
and the item related to such section in the table of contents in
section 1(b) of such Act, are repealed.
SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS.
Section 31315 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)(A) by inserting ``, including
data submission requirements,'' after ``terms and
conditions''; and
(B) by striking paragraph (8) and inserting the
following:
``(8) Terms and conditions.--
``(A) In general.--The Secretary shall establish
terms and conditions for each exemption to ensure that
the exemption will not likely degrade the level of
safety achieved by the person or class of persons
granted the exemption, and allow the Secretary to
evaluate whether an equivalent level of safety is
maintained while the person or class of persons is
operating under such exemption, including--
``(i) requiring the regular submission of
accident and incident data to the Secretary;
``(ii) requiring immediate notification to
the Secretary in the event of a crash that
results in a fatality or serious bodily injury;
``(iii) for exemptions granted by the
Secretary related to hours of service rules
under part 395 of title 49, Code of Federal
Regulations, requiring that the exempt person
or class of persons submit to the Secretary
evidence of participation in a recognized
fatigue management plan; and
``(iv) providing documentation of the
authority to operate under the exemption to
each exempt person, to be used to demonstrate
compliance if requested by a motor carrier
safety enforcement officer during a roadside
inspection.
``(B) Implementation.--The Secretary shall monitor
the implementation of the exemption to ensure
compliance with its terms and conditions.''; and
(2) in subsection (e) by inserting ``, based on an analysis
of data collected by the Secretary and submitted to the
Secretary under subsection (b)(8)'' after ``safety''.
SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PASSENGERS.
Section 31144(i) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``who the
Secretary registers under section 13902 or 31134''; and
(B) in subparagraph (B) by inserting ``to motor
carriers of passengers and'' after ``apply''; and
(2) by adding at the end the following:
``(5) Motor carrier of passengers defined.--In this
subsection, the term `motor carrier of passengers' includes an
offeror of motorcoach services that sells scheduled
transportation of passengers for compensation at fares and on
schedules and routes determined by such offeror, regardless of
ownership or control of the vehicles or drivers used to provide
the transportation by motorcoach.''.
SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES.
Section 13506(b) of title 49, United States Code, is amended--
(1) in paragraph (2) by striking ``or'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) transportation by a motor vehicle designed or used to
transport between 9 and 15 passengers (including the driver),
whether operated alone or with a trailer attached for the
transport of recreational equipment, that is operated by a
person that provides recreational activities if--
``(A) the transportation is provided within a 150
air-mile radius of the location where passengers are
boarded; and
``(B) the person operating the motor vehicle, if
transporting passengers over a route between a place in
a State and a place in another State, is otherwise
lawfully providing transportation of passengers over
the entire route in accordance with applicable State
law.''.
SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF
HOUSEHOLD GOODS IN INTERSTATE COMMERCE.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Motor Carrier Safety Administration.
(2) Covered carrier.--The term ``covered carrier'' means a
motor carrier that is--
(A) engaged in the interstate transportation of
household goods; and
(B) subject to the requirements of part 375 of
title 49, Code of Federal Regulations (as in effect on
the effective date of the amendments required by
subsection (b)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Amendments to Regulations.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking to amend regulations related to the interstate
transportation of household goods.
(c) Considerations.--In issuing the notice of proposed rulemaking
under subsection (b), the Secretary shall consider the following
recommended amendments to provisions of title 49, Code of Federal
Regulations:
(1) Section 375.207(b) to require each covered carrier to
include on the website of the covered carrier a link--
(A) to the publication of the Administration titled
``Ready to Move-Tips for a Successful Interstate Move''
(ESA 03005) on the website of the Administration; or
(B) to a copy of the publication referred to in
subparagraph (A) on the website of the covered carrier.
(2) Subsections (a) and (b)(1) of section 375.213 to
require each covered carrier to provide to each individual
shipper, with any written estimate provided to the shipper, a
copy of the publication described in appendix A of part 375 of
such title, entitled ``Your Rights and Responsibilities When
You Move'' (ESA-03-006 (or a successor publication)), in the
form of a written copy or a hyperlink on the website of the
covered carrier to the location on the website of the
Administration containing such publication.
(3) Subsection (e) of section 375.213, to repeal such
subsection.
(4) Section 375.401(a), to require each covered carrier--
(A) to conduct a visual survey of the household
goods to be transported by the covered carrier--
(i) in person; or
(ii) virtually, using--
(I) a remote camera; or
(II) another appropriate
technology;
(B) to offer a visual survey described in
subparagraph (A) for all household goods shipments,
regardless of the distance between--
(i) the location of the household goods;
and
(ii) the location of the agent of the
covered carrier preparing the estimate; and
(C) to provide to each shipper a copy of
publication of the Administration titled ``Ready to
Move-Tips for a Successful Interstate Move'' (ESA
03005) on receipt from the shipper of a request to
schedule, or a waiver of, a visual survey offered under
subparagraph (B).
(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and
375.405(b)(7)(ii), and subpart D of appendix A of part 375, to
require that, in any case in which a shipper tenders any
additional item or requests any additional service prior to
loading a shipment, the affected covered carrier shall--
(A) prepare a new estimate; and
(B) maintain a record of the date, time, and manner
in which the new estimate was accepted by the shipper.
(6) Section 375.501(a), to establish that a covered carrier
is not required to provide to a shipper an order for service if
the covered carrier elects to provide the information described
in paragraphs (1) through (15) of such section in a bill of
lading that is presented to the shipper before the covered
carrier receives the shipment.
(7) Subpart H of part 375, to replace the replace the terms
``freight bill'' and ``expense bill'' with the term
``invoice''.
SEC. 4207. BROKER GUIDANCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue guidance to
clarify the definitions of the terms ``broker'' and ``bona fide
agents'' under part 371 of title 49, Code of Federal Regulations.
(b) Considerations.--In issuing the guidance under subsection (a),
the Secretary shall consider the extent to which technology has changed
the nature of freight brokerage, the role of bona fide agents, and
other aspects of the freight transportation industry.
(c) Dispatch Services.--In issuing the guidance under subsection
(a), the Secretary shall, at a minimum--
(1) examine the role of a dispatch service in the
transportation industry;
(2) examine the extent to which dispatch services could be
considered brokers or bona fide agents; and
(3) clarify the level of financial penalties for
unauthorized brokerage activities under section 14916 of title
49, United States Code, applicable to a dispatch service.
Subtitle C--Commercial Motor Vehicle Driver Safety
SEC. 4301. COMMERCIAL DRIVER'S LICENSE FOR PASSENGER CARRIERS.
Section 31301 of title 49, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (B) by striking ``or'';
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) is designed or used as a stretch limousine;
or'';
(2) by redesignating paragraph (15) as paragraph (16); and
(3) by inserting after paragraph (14) the following:
``(15) `stretch limousine' means any sedan or sports
utility vehicle that--
``(A) has been modified to add seating capacity to
that provided by the vehicle manufacturer through an
extended chassis, lengthened wheelbase, or an elongated
seating area;
``(B) as modified, has a seating capacity of more
than 8 passengers (including the driver);
``(C) is used under trip-by-trip contracts for the
transportation of passengers for compensation on a
prearranged basis; and
``(D) is not used for public transportation
service, as such term is defined in section 5302;''.
SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
Section 31306(c)(2) of title 49, United States Code, is amended by
striking ``, for urine testing,''.
SEC. 4303. ENTRY-LEVEL DRIVER TRAINING.
Not later than 30 days after the date of enactment of this Act, and
every 90 days thereafter until the compliance date for the final rule
published on December 8, 2016, titled ``Minimum Training Requirements
for Entry-Level Commercial Motor Vehicle Operators'' (81 Fed. Reg.
88732), the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on--
(1) a schedule, including benchmarks, to complete
implementation of the requirements under such final rule;
(2) any anticipated delays, if applicable, in meeting the
benchmarks described in paragraph (1);
(3) the progress that the Secretary has made in updating
the Department of Transportation's information technology
infrastructure to support the training provider registry;
(4) a list of States that have adopted laws or regulations
to implement such final rule; and
(5) a list of States, if applicable, that are implementing
the rule and confirming that an applicant for a commercial
driver's license has complied with the requirements.
SEC. 4304. DRIVER DETENTION TIME.
(a) Data Collection.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall--
(1) begin to collect data on delays experienced by
operators of commercial motor vehicles, as required under
section 5501 of the FAST Act (49 U.S.C. 14103 note) and as
referenced in the request for information published on June 10,
2019, titled ``Request for Information Concerning Commercial
Motor Vehicle Driver Detention Times During Loading and
Unloading'' (84 Fed. Reg. 26932); and
(2) make such data available on a publicly accessible
website of the Department of Transportation.
(b) Detention Time Limits.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall initiate a
rulemaking to establish limits on the amount of time that an
operator of a commercial motor vehicle may be reasonably
detained by a shipper or receiver before the loading or
unloading of the vehicle, if the operator is not compensated
for such time detained.
(2) Contents.--As part of the rulemaking conducted pursuant
to subsection (a), the Secretary shall--
(A) consider the diverse nature of operations in
the movement of goods by commercial motor vehicle;
(B) examine any correlation between time detained
and violations of the hours-of-service rules under part
395 of title 49, Code of Federal Regulations;
(C) determine whether the effect of detention time
on safety differs based on--
(i) how an operator is compensated; and
(ii) the contractual relationship between
the operator and the motor carrier, including
whether an operator is an employee, a leased
owner-operator, or an owner-operator with
independent authority; and
(D) establish a process for a motor carrier,
shipper, receiver, broker, or commercial motor vehicle
operator to report instances of time detained beyond
the Secretary's established limits.
(3) Incorporation of information.--The Secretary shall
incorporate information received under paragraph (2)(D) into
the process established pursuant to subsection (a) once a final
rule takes effect.
(c) Data Protection.--Data made available pursuant to this section
shall be made available in a manner that--
(1) precludes the connection of the data to any individual
motor carrier or commercial motor vehicle operator; and
(2) protects privacy and confidentiality of individuals,
operators, and motor carriers submitting the data.
(d) Commercial Motor Vehicle Defined.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in section
31101 of title 49, United States Code.
SEC. 4305. TRUCK LEASING TASK FORCE.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Labor, shall establish a Truck Leasing Task Force
(hereinafter referred to as the ``Task Force'').
(b) Membership.--The Secretary of Transportation shall select not
more than 15 individuals to serve as members of the Task Force,
including equal representation from each of the following:
(1) Labor organizations.
(2) The motor carrier industry, including independent
owner-operators.
(3) Consumer protection groups.
(4) Safety groups.
(5) Members of the legal profession who specialize in
consumer finance issues.
(c) Duties.--The Task Force shall examine, at a minimum--
(1) common truck leasing arrangements available to
property-carrying commercial motor vehicle drivers, including
lease-purchase agreements;
(2) the terms of such leasing agreements;
(3) the prevalence of predatory leasing agreements in the
motor carrier industry;
(4) specific agreements available to drayage drivers at
ports related to the Clean Truck Program or similar programs to
decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net
compensation of property-carrying commercial motor vehicle
drivers, including port drayage drivers;
(6) resources to assist property-carrying commercial motor
vehicle drivers in assessing the impacts of leasing agreements;
and
(7) the classification of property-carrying commercial
motor vehicle drivers under lease-purchase agreements.
(d) Compensation.--A member of the Task Force shall serve without
compensation.
(e) Report.--Upon completion of the examination described in
subsection (c), the Task Force shall submit to the Secretary of
Transportation, Secretary of Labor, and appropriate congressional
committees a report containing--
(1) the findings of the Task Force on the matters described
in subsection (c);
(2) best practices related to--
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to
entering into such agreements; and
(B) assisting a commercial motor vehicle driver who
has entered into a predatory lease agreement; and
(3) recommendations on changes to laws or regulations, as
applicable, at the Federal, State, or local level to promote
fair leasing agreements under which a commercial motor vehicle
driver is able to earn a living wage.
(f) Termination.--Not later than 1 month after the date of
submission of the report pursuant to subsection (e), the Task Force
shall terminate.
SEC. 4306. HOURS OF SERVICE.
(a) Comprehensive Review.--
(1) Comprehensive review of hours of service rules.--Not
later than 60 days after the date of enactment of this Act, the
Secretary shall initiate a comprehensive review of hours of
service rules and the impacts of waivers, exemptions, and other
allowances that limit the applicability of such rules.
(2) Changes to regulations.--In carrying out the
comprehensive review under paragraph (1) and the required
analyses under paragraphs (3) and (4), the Secretary shall
consider the modifications made in the final rule published on
June 1, 2020, titled ``Hours of Service of Drivers'' (85 Fed.
Reg. 33396) and evaluate the impacts of the allowance to
operate in excess of the limits in effect prior to June 1,
2020.
(3) List of exemptions.--In carrying out the comprehensive
review required under paragraph (1), the Secretary shall--
(A) compile a list of waivers, exemptions, and
other allowances--
(i) under which a driver may operate in
excess of the otherwise applicable limits on
on-duty or driving time in absence of such
exemption, waiver, or other allowance;
(ii) under which a driver may operate
without recording compliance with hours of
service rules through the use of an electronic
logging device; and
(iii) applicable--
(I) to specific segments of the
motor carrier industry or sectors of
the economy;
(II) on a periodic or seasonal
basis; and
(III) to specific types of
operations, including the short haul
exemption under part 395 of title 49,
Code of Federal Regulations;
(B) specify whether each such waiver, exemption, or
other allowance was granted by the Department of
Transportation or enacted by Congress, and how long
such waiver, exemption, or other allowance has been in
effect; and
(C) estimate the number of motor carriers, motor
private carriers, and drivers that may qualify to use
each waiver, exemption, or other allowance.
(4) Safety impact analysis.--
(A) In general.--In carrying out the comprehensive
review under paragraph (1), the Secretary, in
consultation with State motor carrier enforcement
entities, shall undertake a statistically valid
analysis to determine the safety impact, including on
enforcement, of the exemptions, waivers, or other
allowances compiled under paragraph (2) by--
(i) using available data, or collecting
from motor carriers or motor private carriers
and drivers operating under an exemption,
waiver, or other allowance if the Secretary
does not have sufficient data, to determine the
incidence of accidents, fatigue-related
incidents, and other relevant safety
information related to hours of service among
motor carriers, private motor carriers, and
drivers permitted to operate under each
exemption, waiver, or other allowance;
(ii) comparing the data described in
subparagraph (A) to safety data from motor
carriers, motor private carriers, and drivers
that are subject to the hours of service rules
and not operating under an exemption, waiver,
or other allowance; and
(iii) based on the comparison under
subparagraph (B), determining whether waivers,
exemptions, and other allowances in effect
provide an equivalent level of safety as would
exist in the absence of exemptions, waivers, or
other allowances.
(B) Consultation.--The Secretary shall consult with
State motor carrier enforcement entities in carrying
out this paragraph.
(C) Exclusions.--The Secretary shall exclude data
related to exemptions, waivers, or other allowances
made pursuant to an emergency declaration under section
390.23 of title 49, Code of Federal Regulations, or
extended under section 390.25 of title 49, Code of
Federal Regulations, from the analysis required under
this paragraph.
(5) Driver impact analysis.--In carrying out the
comprehensive review under paragraph (1), the Secretary shall
further consider--
(A) data on driver detention collected by the
Secretary pursuant to section 4304 of this Act and
other conditions affecting the movement of goods by
commercial motor vehicle, and how such conditions
interact with the Secretary's regulations on hours of
service;
(B) whether exemptions, waivers, or other
allowances that permit additional on-duty time or
driving time have a deleterious effect on the physical
condition of drivers; and
(C) whether differences in the manner in which
drivers are compensated result in different levels of
burden for drivers in complying with hours of service
rules.
(b) Peer Review.--Prior to the publication of the review required
under subsection (d), the analyses performed by the Secretary shall
undergo an independent peer review.
(c) Publication.--Not later than 18 months after the date that the
Secretary initiates the comprehensive review under subsection (b)(1),
the Secretary shall publish the findings of such review in the Federal
Register and provide for a period for public comment.
(d) Report to Congress.--Not later than 30 days after the
conclusion of the public comment period under subsection (d), the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives and make publicly available on a website of
the Department of Transportation a report containing the information
and analyses required under subsection (b).
(e) Replacement of Guidance.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall initiate a rulemaking to
update the Department of Transportation guidance published on June 7,
2018, titled ``Hours of Service of Drivers of Commercial Motor
Vehicles: Regulatory Guidance Concerning the Use of a Commercial Motor
Vehicle for Personal Conveyance'' (83 Fed. Reg. 26377) to prescribe
specific mileage or time limits, or both, for the use of personal
conveyance.
(f) Definitions.--In this section:
(1) Motor carrier; motor private carrier.--The terms
``motor carrier'' and ``motor private carrier'' have the
meanings given such terms in section 31501 of title 49, United
States Code.
(2) On-duty time; driving time; electronic logging
device.--The terms ``on-duty time'', ``driving time'', and
``electronic logging device'' have the meanings given such
terms in section 395.2 of title 49, Code of Federal Regulations
(as in effect on June 1, 2020).
SEC. 4307. DRIVER RECRUITMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the inspector general of the Department of Transportation
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report examining the operation of
commercial motor vehicles in the United States by drivers admitted to
the United States under temporary business visas.
(b) Contents.--The report under paragraph (1) shall include--
(1) an assessment of--
(A) the prevalence of the operation of commercial
motor vehicles in the United States by drivers admitted
to the United States under temporary business visas;
(B) the characteristics of motor carriers that
recruit and use such drivers, including the country of
domicile of the motor carrier or subsidiary;
(C) the demographics of drivers operating in the
United States under such visas, including the country
of domicile of such drivers; and
(D) the contractual relationship between such motor
carriers and such drivers;
(2) an analysis of whether such drivers are required to
comply with--
(A) motor carrier safety regulations under
subchapter B of chapter III of title 49, Code of
Federal Regulations, including--
(i) the English proficiency requirement
under section 391.11(2) of title 49, Code of
Federal Regulations;
(ii) the requirement for drivers of a motor
carrier to report any violations of a
regulation to such motor carrier under section
391.27 of title 49, Code of Federal
Regulations; and
(iii) driver's licensing requirements under
part 383 of title 49, Code of Federal
Regulations, including entry-level driver
training and drug and alcohol testing under
part 382 of such title; and
(B) regulations prohibiting point-to-point
transportation in the United States, or cabotage, under
part 365 of title 49, Code of Federal Regulations;
(3) an evaluation of the safety record of the operations
and drivers described in paragraph (1), including--
(A) violations of the motor carrier safety
regulations under subchapter B of chapter III of title
49, Code of Federal Regulations, including applicable
requirements described in paragraph (2)(A); and
(B) the number of crashes involving such operations
and drivers; and
(4) the impact of such operations and drivers on--
(A) commercial motor vehicle drivers domiciled in
the United States, including employment levels and
driver compensation of such drivers; and
(B) the competitiveness of motor carriers domiciled
in the United States.
(c) Definitions.--In this section:
(1) Commercial motor vehicle.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in
section 31101 of title 49, United States Code.
(2) Temporary business visa.--The term ``temporary business
visa'' means any driver who is present in the United States
with status under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)).
SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall--
(1) assess the risk posed by untreated obstructive sleep
apnea in drivers of commercial motor vehicles and the
feasibility, benefits, and costs associated with establishing
screening criteria for obstructive sleep apnea in drivers of
commercial motor vehicles;
(2) issue a notice in the Federal Register containing the
independently peer-reviewed findings of the assessment required
under paragraph (1) not later than 30 days after completion of
the assessment and provide an opportunity for public comment;
and
(3) if the Secretary contracts with an independent third
party to conduct the assessment required under paragraph (1),
ensure that the independent third party shall not have any
financial or contractual ties or relationship with a motor
carrier that transports passengers or property for
compensation, the motor carrier industry, or driver advocacy
organizations.
(b) Screening Criteria.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a proposed rule to establish screening
criteria for obstructive sleep apnea in commercial motor
vehicle drivers and provide an opportunity for public comment.
(2) Final rule.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
to establish screening criteria for obstructive sleep apnea in
commercial motor vehicle drivers.
(c) Commercial Motor Vehicle Defined.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in section
31132 of title 49, United States Cod
SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD.
(a) Short Title.--This section may be cited as the ``Promoting
Women in Trucking Workforce Act''.
(b) Findings.--Congress finds that--
(1) women make up 47 percent of the workforce of the United
States;
(2) women are significantly underrepresented in the
trucking industry, holding only 24 percent of all
transportation and warehousing jobs and representing only--
(A) 6.6 percent of truck drivers;
(B) 12.5 percent of all workers in truck
transportation; and
(C) 8 percent of freight firm owners;
(3) given the total number of women truck drivers, women
are underrepresented in the truck-driving workforce; and
(4) women truck drivers have been shown to be 20 percent
less likely than male counterparts to be involved in a crash.
(c) Sense of Congress Regarding Women in Trucking.--It is the sense
of Congress that the trucking industry should explore every
opportunity, including driver training and mentorship programs, to
encourage and support the pursuit of careers in trucking by women.
(d) Establishment.--To encourage women to enter the field of
trucking, the Administrator shall establish and facilitate an advisory
board, to be known as the ``Women of Trucking Advisory Board'', to
promote organizations and programs that--
(1) provide education, training, mentorship, or outreach to
women in the trucking industry; and
(2) recruit women into the trucking industry.
(e) Membership.--
(1) In general.--The Board shall be composed of not fewer
than seven members whose backgrounds allow those members to
contribute balanced points of view and diverse ideas regarding
the strategies and objectives described in subsection (f)(2).
(2) Appointment.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall appoint the
members of the Board, of whom--
(A) not fewer than one shall be a representative of
large trucking companies;
(B) not fewer than one shall be a representative of
mid-sized trucking companies;
(C) not fewer than one shall be a representative of
small trucking companies;
(D) not fewer than one shall be a representative of
nonprofit organizations in the trucking industry;
(E) not fewer than one shall be a representative of
trucking business associations;
(F) not fewer than one shall be a representative of
independent owner-operators; and
(G) not fewer than one shall be a woman who is a
professional truck driver.
(3) Terms.--Each member shall be appointed for the life of
the Board.
(4) Compensation.--A member of the Board shall serve
without compensation.
(f) Duties.--
(1) In general.--The Board shall identify--
(A) industry trends that directly or indirectly
discourage women from pursuing careers in trucking,
including--
(i) any differences between women minority
groups;
(ii) any differences between women who live
in rural, suburban, and urban areas; and
(iii) any safety risks unique to the
trucking industry;
(B) ways in which the functions of trucking
companies, nonprofit organizations, and trucking
associations may be coordinated to facilitate support
for women pursuing careers in trucking;
(C) opportunities to expand existing opportunities
for women in the trucking industry; and
(D) opportunities to enhance trucking training,
mentorship, education, and outreach programs that are
exclusive to women.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Board shall submit to the
Administrator a report describing strategies that the
Administrator may adopt--
(A) to address any industry trends identified under
paragraph (1)(A);
(B) to coordinate the functions of trucking
companies, nonprofit organizations, and trucking
associations in a manner that facilitates support for
women pursuing careers in trucking;
(C) to--
(i) take advantage of any opportunities
identified under paragraph (1)(C); and
(ii) create new opportunities to expand
existing scholarship opportunities for women in
the trucking industry; and
(D) to enhance trucking training, mentorship,
education, and outreach programs that are exclusive to
women.
(g) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing--
(A) any strategies recommended by the Board under
subsection (f)(2); and
(B) any actions taken by the Administrator to adopt
the strategies recommended by the Board (or an
explanation of the reasons for not adopting the
strategies).
(2) Public availability.--The Administrator shall make the
report under paragraph (1) publicly available--
(A) on the website of the Federal Motor Carrier
Safety Administration; and
(B) in appropriate offices of the Federal Motor
Carrier Safety Administration.
(h) Termination.--The Board shall terminate on submission of the
report to Congress under subsection (g).
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Motor Carrier Safety
Administration.
(2) Board.--The term ``Board'' means the Women of Trucking
Advisory Board established under subsection (d).
(3) Large trucking company.--The term ``large trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with an annual revenue greater
than $1,000,000,000.
(4) Mid-sized trucking company.--The term ``mid-sized
trucking company'' means a motor carrier (as defined in section
13102 of title 49, United States Code) with an annual revenue
of not less than $35,000,000 and not greater than
$1,000,000,000.
(5) Small trucking company.--The term ``small trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with an annual revenue less than
$35,000,000.
SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE SAFETY.
(a) Definition.--Section 31301(14) of title 49, United States Code,
is amended--
(1) by striking ``and'' and inserting a comma; and
(2) by inserting ``, and Puerto Rico'' before the period.
(b) Implementation.--The Administrator of the Federal Motor Carrier
Safety Administration shall work with the Commonwealth of Puerto Rico
on obtaining full compliance with chapter 313 of title 49, United
States Code, and regulations adopted under that chapter.
(c) Grace Period.--Notwithstanding section 31311(a) of title 49,
United States Code, during a 5-year period beginning on the date of
enactment of this Act, the Commonwealth of Puerto Rico shall not be
subject to a withholding of an apportionment of funds under paragraphs
(1) and (2) of section 104(b) of title 23, United States Code, for
failure to comply with any requirement under section 31311(a) of title
49, United States Code.
SEC. 4311. USE OF DATA.
Section 31137(e) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``only''; and
(B) by striking ``, including record-of-duty status
regulations'' and inserting ``and to conduct
transportation research utilizing such data'';
(2) in paragraph (2) by striking ``to enforce the
regulations referred to in'' and inserting ``for purposes
authorized under''; and
(3) by amending paragraph (3) to read as follows:
``(3) Research data.--The Secretary shall institute
appropriate measures to protect the privacy of individuals,
operators, and motor carriers when data obtained from an
electronic logging device is used for research pursuant to this
section and such research is made available to the public.''.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
SEC. 4401. SCHOOLBUS SAFETY STANDARDS.
(a) Schoolbus Seatbelts.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking to consider requiring large schoolbuses to
be equipped with safety belts for all seating positions, if the
Secretary determines that such standards meet the requirements
and considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code.
(2) Considerations.--In issuing a notice of proposed
rulemaking under paragraph (1), the Secretary shall consider--
(A) the safety benefits of a lap/shoulder belt
system (also known as a Type 2 seatbelt assembly);
(B) the investigations and recommendations of the
National Transportation Safety Board on seatbelts in
schoolbuses;
(C) existing experience, including analysis of
student injuries and fatalities compared to States
without seat belt laws, and seat belt usage rates, from
States that require schoolbuses to be equipped with
seatbelts, including Type 2 seatbelt assembly;
(D) the impact of lap/shoulder belt systems on
emergency evacuations, with a focus on emergency
evacuations involving students below the age of 14, and
emergency evacuations necessitated by fire or water
submersion; and
(E) the impact of lap/shoulder belt systems on the
overall availability of schoolbus transportation.
(3) Report.--If the Secretary determines that a standard
described in paragraph (1) does not meet the requirements and
considerations set forth in subsections (a) and (b) of section
30111 of title 49, United States Code, the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
describes the reasons for not prescribing such a standard.
(4) Application of regulations.--Any regulation issued
based on the notice of proposed rulemaking described in
paragraph (1) shall apply to schoolbuses manufactured more than
3 years after the date on which the regulation takes effect.
(b) Automatic Emergency Braking.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall--
(1) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all
schoolbuses manufactured after the effective date of such
standard to be equipped with an automatic emergency braking
system; and
(2) as part of such standard, establish performance
requirements for automatic emergency braking systems, including
operation of such systems.
(c) Electronic Stability Control.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall--
(1) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all
schoolbuses manufactured after the effective date of such
standard to be equipped with an electronic stability control
system (as such term is defined in section 571.136 of title 49,
Code of Federal Regulations (as in effect on the date of
enactment of this Act)); and
(2) as part of such standard, establish performance
requirements for electronic stability control systems,
including operation of such systems.
(d) Fire Prevention and Mitigation.--
(1) Research and testing.--The Secretary shall conduct
research and testing to determine the most prevalent causes of
schoolbus fires and the best methods to prevent such fires and
to mitigate the effect of such fires, both inside and outside
the schoolbus. Such research and testing shall consider--
(A) fire suppression systems standards, which at a
minimum prevent engine fires;
(B) firewall standards to prevent gas or flames
from entering into the passenger compartment in
schoolbuses with engines that extend beyond the
firewall; and
(C) interior flammability and smoke emissions
characteristics standards.
(2) Standards.--The Secretary may issue fire prevention and
mitigation standards for schoolbuses, based on the results of
the Secretary's research and testing under paragraph (1), if
the Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a)
and (b) of section 30111 of title 49, United States Code.
(e) School Bus Temperature Safety Study and Report.--Not later than
1 year after the date of enactment of this Act, the Secretary shall
study and issue a report on the safety implications of temperature
controls in school buses. The study and report shall include--
(1) an analysis of the internal temperature in school buses
without air conditioning in weather between 80 and 110 degrees
Fahrenheit;
(2) the collection and analysis of data on temperature-
related injuries to students, including heatstroke and
dehydration;
(3) the collection of data on how many public school
districts currently operate buses without air conditioning; and
(4) recommendations for preventing heat related illnesses
for children on school buses.
(f) Definitions.--In this section:
(1) Automatic emergency braking.--The term ``automatic
emergency braking'' means a crash avoidance system installed
and operational in a vehicle that consists of--
(A) a forward warning function--
(i) to detect vehicles and vulnerable road
users ahead of the vehicle; and
(ii) to alert the operator of an impending
collision; and
(B) a crash-imminent braking function to provide
automatic braking when forward-looking sensors of the
vehicle indicate that--
(i) a crash is imminent; and
(ii) the operator of the vehicle is not
applying the brakes.
(2) Large schoolbus.--The term ``large schoolbus'' means a
schoolbus with a gross vehicle weight rating of more than
10,000 pounds.
(3) Schoolbus.--The term ``schoolbus'' has the meaning
given such term in section 30125(a) of title 49, United States
Code.
SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES.
(a) Illegal Passing Research.--
(1) In general.--The Secretary of Transportation shall
conduct research to determine--
(A) drivers' knowledge of and attitudes towards
laws governing passing of a school bus under the State
in which the driver lives;
(B) the effectiveness of automated school bus
camera enforcement systems in reducing school bus
passing violations;
(C) whether laws that require automated school bus
camera systems to capture images of a driver's face
impact the ability of States to enforce such laws;
(D) the effectiveness of public education on
illegal school bus passing laws in reducing school bus
passing violations; and
(E) the most-effective countermeasures to address
illegal passing of school buses and best practices for
States to reduce the number of illegal passing
violations.
(2) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the research
and findings required under paragraph (1).
(3) Publication.--The Secretary shall make publicly
available on the website of the Department the report required
under paragraph (2) not later than 30 days after the report is
submitted under such paragraph.
(b) Public Safety Messaging Campaign.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall create and
disseminate a public safety messaging campaign, including
public safety media messages, posters, digital, and other media
messages for distribution to States, divisions of motor
vehicles, schools, and other public outlets to highlight the
dangers of illegally passing school buses, including
educational materials for students and the public on the safest
school bus loading and unloading procedures.
(2) Consultation.--The Secretary shall consult with public
and private school bus industry representatives and States in
developing the materials and messages required under paragraph
(1).
(3) Update.--The Secretary shall periodically update the
materials used in the campaign.
(c) Review of Advanced School Bus Safety Technologies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete a review of
advanced school bus safety technologies to assess their
feasibility, benefits, and costs. The review shall include--
(A) an evaluation of motion-activated alert systems
that are capable of detecting and alerting the school
bus driver to students, pedestrians, bicyclists, and
other vulnerable road users located near the perimeter
of the school bus;
(B) an evaluation of advanced school bus flashing
lighting systems to improve communication to
surrounding drivers;
(C) an evaluation of early warning systems,
including radar-based warning systems, to alert school
bus drivers and students near the school bus that an
approaching vehicle is likely to engage in an illegal
passing; and
(D) other technologies that enhance school bus
safety, as determined by the Secretary.
(2) Publication.--The Secretary shall make the findings of
the review publicly available on the website of the Department
not later than 30 days after its completion.
(d) GAO Review of State Illegal Passing Laws and Driver
Education.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report examining State laws and driver education
efforts regarding illegal passing of school buses.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) an overview of each State's illegal school bus
passing laws, including how the laws are enforced and
what penalties are imposed on violators;
(B) a review of each State's driver education
efforts regarding illegal passing of school buses to
determine how each State educates and evaluates new
drivers on laws governing passing of a school bus; and
(C) recommendations on how States can improve
driver education and awareness of the dangers of
illegally passing school buses.
SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR
VEHICLES.
(a) Review of State Inspection Practices.--The Secretary of
Transportation shall conduct a review of Federal Motor Carrier Safety
Regulations related to annual inspection of commercial motor vehicles
carrying passengers to determine--
(1) different inspection models in use for commercial motor
vehicles carrying passengers to satisfy the Federal inspection
requirement;
(2) the number of States that have mandatory annual State
vehicle inspections and whether such inspections are used to
satisfy the Federal inspection requirement for commercial motor
vehicles carrying passengers;
(3) the extent to which passenger carriers utilize self-
inspection to satisfy the Federal inspection requirement;
(4) the number of States that have the authority to require
the immobilization of impoundment of a commercial motor vehicle
carrying passengers if such a vehicle fails inspection; and
(5) the impact on the safety of commercial motor vehicles
carrying passengers, based on the inspection model employed.
(b) Report to Congress.--Not later than 1 year after the enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on--
(1) the findings of the review conducted under subsection
(a); and
(2) recommendations on changes to the Secretary's
inspection program regulations to improve the safety of
commercial motor vehicles carrying passengers.
SEC. 4404. AUTOMATIC EMERGENCY BRAKING.
(a) Federal Motor Vehicle Safety Standard.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall--
(A) prescribe a motor vehicle safety standard under
section 30111 of title 49, United States Code, that
requires all commercial motor vehicles subject to
Federal motor vehicle safety standard 136 under section
571.136 of title 49, Code of Federal Regulations,
(relating to electronic stability control systems for
heavy vehicles) manufactured after the effective date
of such standard to be equipped with an automatic
emergency braking system; and
(B) as part of such standard, establish performance
requirements for automatic emergency braking systems,
including operation of such systems in a variety of
driving conditions.
(2) Considerations.--Prior to prescribing the standard
required under paragraph (1)(A), the Secretary shall--
(A) conduct a review of automatic emergency braking
systems in use in applicable commercial motor vehicles
and address any identified deficiencies with such
systems in the rulemaking proceeding to prescribe the
standard, if practicable;
(B) assess the feasibility of updating the software
of emergency braking systems in use in applicable
commercial motor vehicles to address any deficiencies
and to enable such systems to meet the new standard;
and
(C) consult with representatives of commercial
motor vehicle drivers regarding the experiences of
drivers with automatic emergency braking systems in use
in applicable commercial motor vehicles, including
malfunctions or unwarranted activations of such
systems.
(3) Compliance date.--The Secretary shall ensure that the
compliance date of the standard prescribed pursuant to
paragraph (1) shall be not later than 2 years after the date of
publication of the final rule prescribing such standard.
(b) Federal Motor Carrier Safety Regulation.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall issue a
regulation under section 31136 of title 49, United States Code, that
requires that an automatic emergency braking system installed in a
commercial motor vehicle subject to Federal motor vehicle safety
standard 136 under section 571.136 of title 49, Code of Federal
Regulations,(relating to electronic stability control systems for heavy
vehicles) that is in operation on or after the effective date of the
standard prescribed under subsection (a) be used at any time during
which such commercial motor vehicle is in operation.
(c) Report on Automatic Emergency Braking in Medium-duty Commercial
Motor Vehicles.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall,
with respect to commercial motor vehicles not subject to
Federal motor vehicle safety standard 136 under section 571.136
of title 49, Code of Federal Regulations--
(A) complete research on equipping commercial motor
vehicles with automatic emergency braking systems to
better understand the overall effectiveness of such
systems on a variety of commercial motor vehicles;
(B) assess the feasibility, benefits, and costs
associated with installing automatic emergency braking
systems on newly manufactured commercial motor vehicles
with a gross vehicle weight rating of 10,001 pounds or
more; and
(C) if warranted, develop performance standards for
such automatic emergency braking systems.
(2) Independent research.--If the Secretary enters into a
contract with a third party to perform the research required
under paragraph (1)(A), the Secretary shall ensure that such
third party does not have any financial or contractual ties or
relationship with a motor carrier that transports passengers or
property for compensation, the motor carrier industry, or an
entity producing or supplying automatic emergency braking
systems.
(3) Publication of assessment.--Not later than 90 days
after completing the assessment required under paragraph
(1)(B), the Secretary shall issue a notice in the Federal
Register containing the findings of the assessment and provide
an opportunity for public comment.
(4) Report to congress.--After the conclusion of the public
comment period under paragraph (3), the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
provides--
(A) the results of the assessment under paragraph
(1)(B);
(B) a summary of the public comments received by
the Secretary under paragraph (3); and
(C) a determination as to whether the Secretary
intends to develop performance requirements for
automatic emergency braking systems for applicable
commercial motor vehicles, including any analysis that
led to such determination.
(d) Definitions.--In this section:
(1) Automatic emergency braking system.--The term
``automatic emergency braking system'' means a crash avoidance
system installed and operational in a vehicle that consists
of--
(A) a forward collision warning function--
(i) to detect vehicles and vulnerable road
users ahead of the vehicle; and
(ii) to alert the operator of the vehicle
of an impending collision; and
(B) a crash-imminent braking function to provide
automatic braking when forward-looking sensors of the
vehicle indicate that--
(i) a crash is imminent; and
(ii) the operator of the vehicle is not
applying the brakes.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31101 of
title 49, United States Code.
SEC. 4405. UNDERRIDE PROTECTION.
(a) Rear Underride Guards.--
(1) Rear guards on trailers and semitrailers.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary of
Transportation shall issue such regulations as are
necessary to revise motor vehicle safety standards
under sections 571.223 and 571.224 of title 49, Code of
Federal Regulations, to require trailers and semi-
trailers manufactured after the date on which such
regulation is issued to be equipped with rear impact
guards that are designed to prevent passenger
compartment intrusion from a trailer or semitrailer
when a passenger vehicle traveling at 35 miles per hour
makes--
(i) an impact in which the passenger
vehicle impacts the center of the rear of the
trailer or semitrailer;
(ii) an impact in which 50 percent the
width of the passenger vehicle overlaps the
rear of the trailer or semitrailer; and
(iii) an impact in which 30 percent of the
width of the passenger vehicle overlaps the
rear of the trailer or semitrailer.
(B) Effective date.--The rule issued under
subparagraph (A) shall require full compliance with the
motor carrier safety standard prescribed in such rule
not later than 2 years after the date on which a final
rule is issued.
(2) Additional research.--The Secretary shall conduct
additional research on the design and development of rear
impact guards that can prevent underride crashes and protect
motor vehicle passengers against severe injury at crash speeds
of up to 65 miles per hour.
(3) Review of standards.--Not later than 5 years after any
revisions to standards or requirements related to rear impact
guards pursuant to paragraph (1), the Secretary shall review
the standards or requirements to evaluate the need for changes
in response to advancements in technology and upgrade such
standards accordingly.
(4) Inspections.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
issue such regulations as are necessary to amend the
regulations on minimum periodic inspection standards
under appendix G to subchapter B of chapter III of
title 49, Code of Federal Regulations, and driver
vehicle inspection reports under section 396.11 of
title 49, Code of Federal Regulations, to include rear
impact guards and rear end protection (as required by
section 393.86 of title 49, Code of Federal
Regulations).
(B) Considerations.--In updating the regulations
described in subparagraph (A), the Secretary shall
consider it to be a defect or a deficiency if a rear
impact guard is missing or has a corroded or
compromised element that affects the structural
integrity and protective feature of such guard.
(b) Side Underride Guards.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) complete additional research on side underride
guards to better understand the overall effectiveness
of such guards;
(B) assess the feasibility, benefits, and costs
associated with installing side underride guards on
newly manufactured trailers and semitrailers with a
gross vehicle weight rating of 10,000 pounds or more;
and
(C) if warranted, develop performance standards for
such guards.
(2) Independent research.--If the Secretary enters into a
contract with a third party to perform the research required
under paragraph (1)(A), the Secretary shall ensure that such
third party does not have any financial or contractual ties or
relationship with a motor carrier that transports passengers or
property for compensation, the motor carrier industry, or an
entity producing or supplying underride guards.
(3) Publication of assessment.--Not later than 90 days
after completing the assessment required under paragraph
(1)(B), the Secretary shall issue a notice in the Federal
Register containing the findings of the assessment and provide
an opportunity for public comment.
(4) Report to congress.--After the conclusion of the public
comment period under paragraph (3), the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
provides--
(A) the results of the assessment under this
subsection;
(B) a summary of the public comments received by
the Secretary under paragraph (3); and
(C) a determination as to whether the Secretary
intends to develop performance requirements for side
underride guards, including any analysis that led to
such determination.
(c) Advisory Committee on Underride Protection.--
(1) Establishment.--Not later than 30 days after the date
of enactment of this Act, the Secretary of Transportation shall
establish an Advisory Committee on Underride Protection (in
this subsection referred to as the ``Committee'') to provide
advice and recommendations to the Secretary on safety
regulations to reduce crashes and fatalities involving truck
underrides.
(2) Representation.--
(A) In general.--The Committee shall be composed of
not more than 20 members appointed by the Secretary who
are not employees of the Department of Transportation
and who are qualified to serve because of their
expertise, training, or experience.
(B) Membership.--Members shall include two
representatives of each of the following:
(i) Truck and trailer manufacturers.
(ii) Motor carriers, including independent
owner-operators.
(iii) Law enforcement.
(iv) Motor vehicle engineers.
(v) Motor vehicle crash investigators.
(vi) Truck safety organizations.
(vii) The insurance industry.
(viii) Emergency medical service providers.
(ix) Families of underride crash victims.
(x) Labor organizations.
(3) Compensation.--Members of the Committee shall serve
without compensation.
(4) Meetings.--The Committee shall meet at least annually.
(5) Support.--On request of the Committee, the Secretary
shall provide information, administrative services, and
supplies necessary for the Committee to carry out the duties
described in paragraph (1).
(6) Report.--The Committee shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a biennial report that shall--
(A) describe the advice and recommendations made to
the Secretary; and
(B) include an assessment of progress made by the
Secretary in advancing safety regulations.
(d) Data Collection.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement recommendations 1
and 2 described in the report by the Government Accountability Office
published on March 14, 2019, titled ``Truck Underride Guards: Improved
Data Collection, Inspections, and Research Needed'' (GAO-19-264).
SEC. 4406. TRANSPORTATION OF HORSES.
Section 80502 of title 49, United States Code, is amended--
(1) in subsection (c) by striking ``This section does not''
and inserting ``Subsections (a) and (b) shall not'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Transportation of Horses.--
``(1) Prohibition.--No person may transport, or cause to be
transported, a horse from a place in a State, the District of
Columbia, or a territory or possession of the United States
through or to a place in another State, the District of
Columbia, or a territory or possession of the United States in
a motor vehicle containing two or more levels stacked on top of
each other.
``(2) Motor vehicle defined.--In this subsection, the term
`motor vehicle'--
``(A) means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public
highways; and
``(B) does not include a vehicle operated
exclusively on a rail or rails.''; and
(4) in subsection (e), as redesignated--
(A) by striking ``A rail carrier'' and inserting
the following:
``(1) In general.--A rail carrier'';
(B) by striking ``this section'' and inserting
``subsection (a) or (b)''; and
(C) by striking ``On learning'' and inserting the
following:
``(2) Transportation of horses in multilevel trailer.--
``(A) Civil penalty.--A person that knowingly
violates subsection (d) is liable to the United States
Government for a civil penalty of at least $100, but
not more than $500, for each violation. A separate
violation of subsection (d) occurs for each horse that
is transported, or caused to be transported, in
violation of subsection (d).
``(B) Relationship to other laws.--The penalty
imposed under subparagraph (A) shall be in addition to
any penalty or remedy available under any other law.
``(3) Civil action.--On learning''.
SEC. 4407. ADDITIONAL STATE AUTHORITY.
(a) Additional Authority.--Notwithstanding the limitation in
section 127(d) of title 23, United States Code, if a State had in
effect on or before June 1, 1991, a statute or regulation which placed
a limitation on the overall length of a longer combination vehicle
consisting of 3 trailers, such State may allow the operation of a
longer combination vehicle to accommodate a longer energy efficient
truck tractor in such longer combination vehicle under such limitation,
if the additional tractor length is the only added length to such
longer combination vehicle and does not result in increased cargo
capacity in weight or volume.
(b) Savings Clause.--Nothing in this section authorizes a State to
allow an increase in the length of a trailer, semitrailer, or other
cargo-carrying unit of a longer combination vehicle.
(c) Longer Combination Vehicle Defined.--The term ``longer
combination vehicle'' has the meaning given such term in section 127 of
title 23, United States Code.
SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSURANCE FOR COMMERCIAL
MOTOR VEHICLES.
Section 31139(b) of title 49, United States Code, is amended--
(1) in paragraph (2), by striking ``$750,000'' and
inserting ``$2,000,000''; and
(2) by adding at the end the following:
``(3) Adjustment.--The Secretary, in consultation with the
Bureau of Labor Statistics, shall adjust the minimum level of
financial responsibility under paragraph (2) quinquennially for
inflation.''.
SEC. 4409. UNIVERSAL ELECTRONIC IDENTIFIER.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Transportation shall issue a final motor vehicle safety
standard that requires a commercial motor vehicle manufactured after
the effective date of such standard to be equipped with a universal
electronic vehicle identifier that--
(1) identifies the vehicle to roadside inspectors for
enforcement purposes;
(2) does not transmit personally identifiable information
regarding operators; and
(3) does not create an undue cost burden for operators and
carriers.
TITLE V--INNOVATION
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code, $144,000,000
for each of fiscal years 2023 through 2026.
(2) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code,
$152,000,000 for each of fiscal years 2023 through 2026.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $26,000,000 for each of fiscal
years 2023 through 2026.
(4) Intelligent transportation systems program.--To carry
out sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2023 through 2026.
(5) University transportation centers program.--To carry
out section 5505 of title 49, United States Code, $96,000,000
for each of fiscal years 2023 through 2026.
(6) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code, $27,000,000 for
each of fiscal years 2023 through 2026.
(b) Additional Programs.--The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) Mobility through advanced technologies.--To carry out
section 503(c)(4) of title 23, United States Code, $70,000,000
for each of fiscal years 2023 through 2026 from funds made
available to carry out section 503(c) of such title.
(2) Materials to reduce greenhouse gas emissions program.--
To carry out section 503(d) of title 23, United States Code,
$10,000,000 for each of fiscal years 2023 through 2026 from
funds made available to carry out section 503(c) of such title.
(3) National highly automated vehicle and mobility
innovation clearinghouse.--To carry out section 5507 of title
49, United States Code, $2,000,000 for each of fiscal years
2023 through 2026 from funds made available to carry out
sections 512 through 518 of title 23, United States Code.
(4) National cooperative multimodal freight transportation
research program.--To carry out section 70205 of title 49,
United States Code, $4,000,000 for each of fiscal years 2023
through 2026 from funds made available to carry out section
503(b) of title 23, United States Code.
(5) State surface transportation system funding pilots.--To
carry out section 6020 of the FAST Act (23 U.S.C. 503 note),
$35,000,000 for each of fiscal years 2023 through 2026 from
funds made available to carry out section 503(b) of title 23,
United States Code.
(6) National surface transportation system funding pilot.--
To carry out section 5402 of this title, $10,000,000 for each
of fiscal years 2023 through 2026 from funds made available to
carry out section 503(b) of title 23, United States Code.
(c) Administration.--The Federal Highway Administration shall--
(1) administer the programs described in paragraphs (1),
(2), and (3) of subsection (a) and paragraph (1) of subsection
(b); and
(2) in consultation with relevant modal administrations,
administer the programs described in subsections (a)(4) and
(b)(2).
(d) Treatment of Funds.--Funds authorized to be appropriated by
subsections (a) and (b) shall--
(1) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using those funds shall be
80 percent, unless otherwise expressly provided by this title
(including the amendments by this title) or otherwise
determined by the Secretary; and
(2) remain available until expended and not be
transferable, except as otherwise provided in this title.
Subtitle A--Research and Development
SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Section 503 of title 23, United States Code, is
amended--
(1) in subsection (a)(2) by striking ``section 508'' and
inserting ``section 6503 of title 49''; and
(2) in subsection (b)--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (ii) by striking ``;
and'' and inserting a semicolon;
(II) in clause (iii) by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following:
``(iv) to reduce greenhouse gas emissions
and limit the effects of climate change.''; and
(ii) by striking subparagraphs (D) and (E);
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (ii) by striking ``;
and'' and inserting a semicolon;
(II) in clause (iii) by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following:
``(iv) to reduce greenhouse gas emissions
and limit the effects of climate change.''; and
(ii) in subparagraph (C)--
(I) in clause (iv) by striking ``;
and'' and inserting a semicolon;
(II) in clause (v) by striking the
period and inserting ``; and''; and
(III) by inserting at the end the
following:
``(vi) establishing best practices and
creating models and tools to support
metropolitan and statewide planning practices
to meet the considerations described in
sections 134(i)(2)(I) and 135(f)(10) of this
title, including--
``(I) strategies to address climate
change mitigation and impacts described
in sections 134(i)(2)(I)(ii) and
135(f)(10)(B) of this title and the
incorporation of such strategies into
long range transportation planning;
``(II) preparation of a
vulnerability assessment described in
sections 134(i)(2)(I)(iii) and
135(f)(10)(C) of this title; and
``(III) integration of these
practices with the planning practices
described in sections 5303(i)(2)(I) and
5304(f)(10) of title 49.'';
(C) in paragraph (5)(A)--
(i) in clause (iv) by striking ``; and''
and inserting a semicolon;
(ii) in clause (v) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(vi) reducing greenhouse gas emissions
and limiting the effects of climate change.'';
and
(D) by adding at the end the following:
``(9) Analysis tools.--The Secretary may develop
interactive modeling tools and databases that--
``(A) track the condition of highway assets,
including interchanges, and the reconstruction history
of such assets;
``(B) can be used to assess transportation options;
``(C) allow for the monitoring and modeling of
network-level traffic flows on highways; and
``(D) further Federal and State understanding of
the importance of national and regional connectivity
and the need for long-distance and interregional
passenger and freight travel by highway and other
surface transportation modes.
``(10) Performance management data support program.--
``(A) Performance management data support.--The
Administrator of the Federal Highway Administration
shall develop, use, and maintain data sets and data
analysis tools to assist metropolitan planning
organizations, States, and the Federal Highway
Administration in carrying out performance management
analyses (including the performance management
requirements under section 150).
``(B) Inclusions.--The data analysis activities
authorized under subparagraph (A) may include--
``(i) collecting and distributing vehicle
probe data describing traffic on Federal-aid
highways;
``(ii) collecting household travel behavior
data to assess local and cross-jurisdictional
travel, including to accommodate external and
through travel;
``(iii) enhancing existing data collection
and analysis tools to accommodate performance
measures, targets, and related data, so as to
better understand trip origin and destination,
trip time, and mode;
``(iv) enhancing existing data analysis
tools to improve performance predictions and
travel models in reports described in section
150(e);
``(v) developing tools--
``(I) to improve performance
analysis; and
``(II) to evaluate the effects of
project investments on performance;
``(vi) assisting in the development or
procurement of the transportation system access
data under section 1403(g) of the INVEST in
America Act; and
``(vii) developing tools and acquiring data
described under paragraph (9).
``(C) Funding.--The Administrator of the Federal
Highway Administration may use up to $15,000,000 for
each of fiscal years 2023 through 2026 to carry out
this paragraph.''.
(b) Repeal.--Section 6028 of the FAST Act (23 U.S.C. 150 note), and
the item relating to such section in the table of contents in section
1(b) of such Act, are repealed.
SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS PROGRAM.
Section 503 of title 23, United States Code, as amended by section
5101, is further amended by adding at the end the following:
``(d) Materials To Reduce Greenhouse Gas Emissions Program.--
``(1) In general.--Not later than 6 months after the date
of enactment of this subsection, the Secretary shall establish
and implement a program under which the Secretary shall award
grants to eligible entities to research and support the
development of materials that will 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 reduce or
sequester greenhouse gas emissions;
``(B) evaluating and improves the ability of
materials to most effectively reduce or sequester
greenhouse gas emissions; and
``(C) supporting the development and deployment of
materials that will reduce or sequester greenhouse gas
emissions.
``(3) Competitive selection process.--
``(A) Applications.--To be eligible to receive a
grant under this subsection, an eligible entity shall
submit to the Secretary an application in such form and
containing such information as the Secretary may
require.
``(B) Consideration.--In making grants under this
subsection, the Secretary shall consider the degree to
which applicants presently carry out research on
materials that reduce or sequester greenhouse gas
emissions.
``(C) Selection criteria.--The Secretary may make
grants under this subsection to any eligible entity
based on the demonstrated ability of the applicant to
fulfill the activities described in paragraph (2).
``(D) Transparency.--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 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 nonprofit institution of
higher education, as such term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).''.
SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC
PLAN.
Section 6503 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``The Secretary'' and
inserting ``For the period of fiscal years 2017 through 2022,
and for each 5-year period thereafter, the Secretary'';
(2) in subsection (c)(1)--
(A) in subparagraph (C) by inserting ``and security
in the transportation system'' after ``safety'';
(B) in subparagraph (D) by inserting ``and the
existing transportation system'' after
``infrastructure'';
(C) in subparagraph (E) by striking ``; and'' and
inserting a semicolon;
(D) by amending subparagraph (F) to read as
follows:
``(F) reducing greenhouse gas emissions; and''; and
(E) by adding at the end the following:
``(G) developing and maintaining a diverse
workforce in transportation sectors;''; and
(3) in subsection (d) by striking ``not later than December
31, 2016,'' and inserting ``not later than December 31,
2022,''.
SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)--
(i) in subparagraph (A) by striking
``research priorities identified in chapter
65.'' and inserting the following: ``following
research priorities:
``(i) Improving the mobility of people and
goods.
``(ii) Reducing congestion.
``(iii) Promoting safety.
``(iv) Improving the durability and
extending the life of transportation
infrastructure and the existing transportation
system.
``(v) Preserving the environment.
``(vi) Reducing greenhouse gas
emissions.''; and
(ii) in subparagraph (B)--
(I) by striking ``Technology and''
and inserting ``Technology,'';
(II) by inserting ``, the
Administrator of the Federal Transit
Administration,'' after ``Federal
Highway Administration''; and
(III) by striking ``and other modal
administrations as appropriate'' and
inserting ``and the Administrators of
other operating administrations, as
appropriate''; and
(B) by adding at the end the following:
``(7) Focused research considerations.--In awarding grants
under this section, the Secretary shall consider how the
program under this section advances research on the
cybersecurity implications of technologies relating to
connected vehicles, connected infrastructure, and automated
vehicles.''.
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year
after the date of enactment of this section,''
and inserting the following:
``(A) Selection of grants.--Not later than 1 year
after the date of enactment of the INVEST in America
Act,''; and
(ii) by adding at the end the following:
``(B) Limitations.--A grant under this subsection
may not include a cooperative agreement described in
section 6305 of title 31.'';
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``5
consortia'' and inserting ``6 consortia'';
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``not
greater than $4,000,000 and not less
than $2,000,000'' and inserting ``not
greater than $4,250,000 and not less
than $2,250,000''; and
(II) in clause (ii) by striking
``section 6503(c)'' and inserting
``subsection (b)(4)(A)'';
(iii) in subparagraph (C) by striking ``100
percent'' and inserting ``50 percent''; and
(iv) by adding at the end the following:
``(D) Requirement.--In awarding grants under this
section, the Secretary shall award 1 grant to a
national consortia for each focus area described in
subsection (b)(4)(A).'';
(C) in paragraph (3)--
(i) in subparagraph (C) by striking ``not
greater than $3,000,000 and not less than
$1,500,000'' and inserting ``not greater than
$3,250,000 and not less than $1,750,000'';
(ii) in subparagraph (D)(i) by striking
``100 percent'' and inserting ``50 percent'';
and
(iii) by striking subparagraph (E); and
(D) in paragraph (4)--
(i) in subparagraph (A) by striking
``greater than $2,000,000 and not less than
$1,000,000'' and inserting ``greater than
$2,250,000 and not less than $1,250,000''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) Consideration.--In awarding grants under this
section, the Secretary shall consider historically
black colleges and universities, as such term is
defined in section 371(a) of the Higher Education Act
of 1965 (20 U.S.C. 1067q), and other minority
institutions, as such term is defined by section 365 of
the Higher Education Act (20 U.S.C. 1067k), or
consortia that include such institutions that have
demonstrated an ability in transportation-related
research.
``(D) Focused research.--
``(i) In general.--In awarding grants under
this section, the Secretary shall select not
less than one grant recipient with each of the
following focus areas:
``(I) Transit.
``(II) Connected and automated
vehicle technology, including
cybersecurity implications of
technologies relating to connected
vehicles, connected infrastructure, and
automated vehicle technology.
``(III) Non-motorized
transportation, including bicycle and
pedestrian safety.
``(IV) The surface transportation
workforce, including--
``(aa) current and future
workforce needs and challenges;
and
``(bb) the impact of
technology on the
transportation sector.
``(V) Climate change mitigation,
including--
``(aa) researching the
types of transportation
projects that are expected to
provide the most significant
greenhouse gas emissions
reductions from the surface
transportation sector; and
``(bb) researching the
types of transportation
projects that are not expected
to provide significant
greenhouse gas emissions
reductions from the surface
transportation sector.
``(ii) Additional grants.--In awarding
grants under this section and after awarding
grants pursuant to clause (i), the Secretary
may award any remaining grants to any grant
recipient based on the criteria described in
subsection (b)(4)(A).'';
(3) in subsection (d)(3) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2023 through
2026'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
``(f) Surplus Amounts.--
``(1) In general.--Amounts made available to the Secretary
to carry out this section that remain unobligated after
awarding grants under subsection (c) shall be made available
under the unsolicited research initiative under section 5506.
``(2) Limitation on amounts.--Amounts under paragraph (1)
shall not exceed $2,000,000 for any given fiscal year.''.
SEC. 5105. UNSOLICITED RESEARCH INITIATIVE.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 5506. Unsolicited research initiative
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish a program
under which an eligible entity may at any time submit unsolicited
research proposals for funding under this section.
``(b) Criteria.--A research proposal submitted under subsection (a)
shall meet the purposes of the Secretary's 5-year transportation
research and development strategic plan described in section
6503(c)(1).
``(c) Applications.--To receive funding under this section,
eligible entities shall submit to the Secretary an application that is
in such form and contains such information as the Secretary may
require.
``(d) Report.--Not later than 18 months after the date of enactment
of this section, and annually thereafter, the Secretary shall make
available to the public on a public website a report on the progress
and findings of the program established under subsection (a).
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section may not exceed 50
percent.
``(2) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity carried
out under this section.
``(f) Funding.--
``(1) In general.--Of the funds made available to carry out
the university transportation centers program under section
5505, $2,000,000 shall be available for each of fiscal years
2023 through 2026 to carry out this section.
``(2) Funding flexibility.--
``(A) In general.--For fiscal years 2023 through
2026, funds made available under paragraph (1) shall
remain available until expended.
``(B) Uncommitted funds.--If the Secretary
determines, at the end of a fiscal year, funds under
paragraph (1) remain unexpended as a result of a lack
of meritorious projects under this section, the
Secretary may, for the following fiscal year, make
remaining funds available under either this section or
under section 5505.
``(g) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a State;
``(2) a unit of local government;
``(3) a transit agency;
``(4) any nonprofit institution of higher education,
including a university transportation center under section
5505; and
``(5) a nonprofit organization.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by inserting after the item relating to
section 5505 the following new item:
``5506. Unsolicited research initiative.''.
SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT TRANSPORTATION
RESEARCH PROGRAM.
(a) In General.--Chapter 702 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 70205. National cooperative multimodal freight transportation
research program
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish and support a
national cooperative multimodal freight transportation research
program.
``(b) Agreement.--Not later than 6 months after the date of
enactment of this section, the Secretary shall seek to enter into an
agreement with the National Academy of Sciences to support and carry
out administrative and management activities relating to the governance
of the national cooperative multimodal freight transportation research
program.
``(c) Advisory Committee.--In carrying out the agreement described
in subsection (b), the National Academy of Sciences shall select a
multimodal freight transportation research advisory committee
consisting of multimodal freight stakeholders, including, at a
minimum--
``(1) a representative of the Department of Transportation;
``(2) representatives of any other Federal agencies
relevant in supporting the nation's multimodal freight
transportation research needs;
``(3) a representative of a State department of
transportation;
``(4) a representative of a local government (other than a
metropolitan planning organization);
``(5) a representative of a metropolitan planning
organization;
``(6) a representative of the trucking industry;
``(7) a representative of the railroad industry;
``(8) a representative of the port industry;
``(9) a representative of logistics industry;
``(10) a representative of shipping industry;
``(11) a representative of a safety advocacy group with
expertise in freight transportation;
``(12) an academic expert on multimodal freight
transportation;
``(13) an academic expert on the contributions of freight
movement to greenhouse gas emissions; and
``(14) representatives of labor organizations representing
workers in freight transportation.
``(d) Elements.--The national cooperative multimodal freight
transportation research program established under this section shall
include the following elements:
``(1) National research agenda.--The advisory committee
under subsection (c), in consultation with interested parties,
shall recommend a national research agenda for the program
established in this section.
``(2) Involvement.--Interested parties may--
``(A) submit research proposals to the advisory
committee;
``(B) participate in merit reviews of research
proposals and peer reviews of research products; and
``(C) receive research results.
``(3) Open competition and peer review of research
proposals.--The National Academy of Sciences may award research
contracts and grants under the program through open competition
and merit review conducted on a regular basis.
``(4) Evaluation of research.--
``(A) Peer review.--Research contracts and grants
under the program may allow peer review of the research
results.
``(B) Programmatic evaluations.--The National
Academy of Sciences shall conduct periodic programmatic
evaluations on a regular basis of research contracts
and grants.
``(5) Dissemination of research findings.--
``(A) In general.--The National Academy of Sciences
shall disseminate research findings to researchers,
practitioners, and decisionmakers, through conferences
and seminars, field demonstrations, workshops, training
programs, presentations, testimony to government
officials, a public website for the National Academy of
Sciences, publications for the general public, and
other appropriate means.
``(B) Report.--Not more than 18 months after the
date of enactment of this section, and annually
thereafter, the Secretary shall make available on a
public website a report that describes the ongoing
research and findings of the program.
``(e) Contents.--The national research agenda under subsection
(d)(1) shall include--
``(1) techniques and tools for estimating and identifying
both quantitative and qualitative public benefits derived from
multimodal freight transportation projects, including--
``(A) greenhouse gas emissions reduction;
``(B) congestion reduction; and
``(C) safety benefits;
``(2) the impact of freight delivery vehicles, including
trucks, railcars, and non-motorized vehicles, on congestion in
urban and rural areas;
``(3) the impact of both centralized and disparate origins
and destinations on freight movement;
``(4) the impacts of increasing freight volumes on
transportation planning, including--
``(A) first-mile and last-mile challenges to
multimodal freight movement;
``(B) multimodal freight travel in both urban and
rural areas; and
``(C) commercial motor vehicle parking and rest
areas;
``(5) the effects of Internet commerce and accelerated
delivery speeds on freight movement and increased commercial
motor vehicle volume, including impacts on--
``(A) safety on public roads;
``(B) congestion in both urban and rural areas;
``(C) first-mile and last-mile challenges and
opportunities;
``(D) the environmental impact of freight
transportation, including on air quality and on
greenhouse gas emissions; and
``(E) vehicle miles-traveled by freight-delivering
vehicles;
``(6) the impacts of technological advancements in freight
movement, including impacts on--
``(A) congestion in both urban and rural areas;
``(B) first-mile and last-mile challenges and
opportunities; and
``(C) vehicle miles-traveled;
``(7) methods and best practices for aligning multimodal
infrastructure improvements with multimodal freight
transportation demand, including improvements to the National
Multimodal Freight Network under section 70103; and
``(8) other research areas to identify and address current,
emerging, and future needs related to multimodal freight
transportation.
``(f) Funding.--
``(1) Federal share.--The Federal share of the cost of an
activity carried out under this section shall be 100 percent.
``(2) Period of availability.--Amounts made available to
carry out this section shall remain available until expended.
``(g) Definition of Greenhouse Gas.--In this section, the term
`greenhouse gas' has the meaning given such term in section 211(o)(1)
of the Clean Air Act (42 U.S.C. 7545(o)(1)).''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code, is amended by adding at the end the following new
item:
``70205. National cooperative multimodal freight transportation
research program.''.
SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND HABITAT
CONNECTIVITY IMPROVEMENT.
(a) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study examining methods to reduce collisions between
motorists and wildlife (referred to in this section as
``wildlife-vehicle collisions'').
(2) Contents.--
(A) Areas of study.--The study required under
paragraph (1) shall--
(i) update and expand on, as appropriate--
(I) the report titled ``Wildlife
Vehicle Collision Reduction Study: 2008
Report to Congress'': and
(II) the document titled ``Wildlife
Vehicle Collision Reduction Study: Best
Practices Manual'' and dated October
2008; and
(ii) include--
(I) an assessment, as of the date
of the study, of--
(aa) the causes of
wildlife-vehicle collisions;
(bb) the impact of
wildlife-vehicle collisions on
motorists and wildlife; and
(cc) the impacts of roads
and traffic on habitat
connectivity for terrestrial
and aquatic species; and
(II) solutions and best practices
for--
(aa) reducing wildlife-
vehicle collisions; and
(bb) improving habitat
connectivity for terrestrial
and aquatic species.
(B) Methods.--In carrying out the study required
under paragraph (1), the Secretary shall--
(i) conduct a thorough review of research
and data relating to--
(I) wildlife-vehicle collisions;
and
(II) habitat fragmentation that
results from transportation
infrastructure;
(ii) survey current practices of the
Department of Transportation and State
departments of transportation to reduce
wildlife-vehicle collisions; and
(iii) consult with--
(I) appropriate experts in the
field of wildlife-vehicle collisions;
and
(II) appropriate experts on the
effects of roads and traffic on habitat
connectivity for terrestrial and
aquatic species.
(3) Report.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
submit to Congress a report on the results of the study
required under paragraph (1).
(B) Contents.--The report required under
subparagraph (A) shall include--
(i) a description of--
(I) the causes of wildlife-vehicle
collisions;
(II) the impacts of wildlife-
vehicle collisions; and
(III) the impacts of roads and
traffic on--
(aa) species listed as
threatened species or
endangered species under the
Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(bb) species identified by
States as species of greatest
conservation need;
(cc) species identified in
State wildlife plans; and
(dd) medium and small
terrestrial and aquatic
species;
(ii) an economic evaluation of the costs
and benefits of installing highway
infrastructure and other measures to mitigate
damage to terrestrial and aquatic species,
including the effect on jobs, property values,
and economic growth to society, adjacent
communities, and landowners;
(iii) recommendations for preventing
wildlife-vehicle collisions, including
recommended best practices, funding resources,
or other recommendations for addressing
wildlife-vehicle collisions; and
(iv) guidance to develop, for each State
that agrees to participate, a voluntary joint
statewide transportation and wildlife action
plan.
(C) Purposes.--The purpose of the guidance
described in subparagraph (B)(iv) shall be--
(i) to address wildlife-vehicle collisions;
and
(ii) to improve habitat connectivity for
terrestrial and aquatic species.
(D) Consultation.--The Secretary shall develop the
guidance described under subparagraph (B)(iv) in
consultation with--
(i) Federal land management agencies;
(ii) State departments of transportation;
(iii) State fish and wildlife agencies; and
(iv) Tribal governments.
(b) Standardization of Wildlife Collision and Carcass Data.--
(1) Standardization methodology.--
(A) In general.--The Secretary of Transportation,
acting through the Administrator of the Federal Highway
Administration, shall develop a quality standardized
methodology for collecting and reporting spatially
accurate wildlife collision and carcass data for the
National Highway System, taking into consideration the
practicability of the methodology with respect to
technology and cost.
(B) Methodology.--In developing the standardized
methodology under subparagraph (A), the Secretary
shall--
(i) survey existing methodologies and
sources of data collection, including the
Fatality Analysis Reporting System, the General
Estimates System of the National Automotive
Sampling System, and the Highway Safety
Information System; and
(ii) to the extent practicable, identify
and correct limitations of such existing
methodologies and sources of data collection.
(C) Consultation.--In developing the standardized
methodology under subparagraph (A), the Secretary shall
consult with--
(i) the Secretary of the Interior;
(ii) the Secretary of Agriculture, acting
through the Chief of the Forest Service;
(iii) Tribal, State, and local
transportation and wildlife authorities;
(iv) metropolitan planning organizations
(as such term is defined in section 134(b) of
title 23, United States Code);
(v) members of the American Association of
State Highway and Transportation Officials;
(vi) members of the Association of Fish and
Wildlife Agencies;
(vii) experts in the field of wildlife-
vehicle collisions;
(viii) nongovernmental organizations; and
(ix) other interested stakeholders, as
appropriate.
(2) Standardized national data system with voluntary
template implementation.--The Secretary shall--
(A) develop a template for State implementation of
a standardized national wildlife collision and carcass
data system for the National Highway System that is
based on the standardized methodology developed under
paragraph (1); and
(B) encourage the voluntary implementation of the
template developed under subparagraph (A) for States,
metropolitan planning organizations, and additional
relevant transportation stakeholders.
(3) Reports.--
(A) Methodology.--The Secretary shall submit to
Congress a report describing the development of the
standardized methodology required under paragraph (1)
not later than--
(i) the date that is 18 months after the
date of enactment of this Act; and
(ii) the date that is 180 days after the
date on which the Secretary completes the
development of such standardized methodology.
(B) Implementation.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall
submit to Congress a report describing--
(i) the status of the voluntary
implementation of the standardized methodology
developed under paragraph (1) and the template
developed under paragraph (2)(A);
(ii) whether the implementation of the
standardized methodology developed under
paragraph (1) and the template developed under
paragraph (2)(A) has impacted efforts by
States, units of local government, and other
entities--
(I) to reduce the number of
wildlife-vehicle collisions; and
(II) to improve habitat
connectivity;
(iii) the degree of the impact described in
clause (ii); and
(iv) the recommendations of the Secretary,
including recommendations for further study
aimed at reducing motorist collisions involving
wildlife and improving habitat connectivity for
terrestrial and aquatic species on the National
Highway System, if any.
(c) National Threshold Guidance.--The Secretary of Transportation
shall--
(1) establish guidance, to be carried out by States on a
voluntary basis, that contains a threshold for determining
whether a highway shall be evaluated for potential mitigation
measures to reduce wildlife-vehicle collisions and increase
habitat connectivity for terrestrial and aquatic species,
taking into consideration--
(A) the number of wildlife-vehicle collisions on
the highway that pose a human safety risk;
(B) highway-related mortality and effects of
traffic on the highway on--
(i) species listed as endangered species or
threatened species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(ii) species identified by a State as
species of greatest conservation need;
(iii) species identified in State wildlife
plans; and
(iv) medium and small terrestrial and
aquatic species; and
(C) habitat connectivity values for terrestrial and
aquatic species and the barrier effect of the highway
on the movements and migrations of those species.
(d) Workforce Development and Technical Training.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall, based on the study
conducted under subsection (a), develop a series of in-person
and online workforce development and technical training
courses--
(A) to reduce wildlife-vehicle collisions; and
(B) to improve habitat connectivity for terrestrial
and aquatic species.
(2) Availability.--The Secretary shall--
(A) make the series of courses developed under
paragraph (1) available for transportation and fish and
wildlife professionals; and
(B) update the series of courses not less
frequently than once every 2 years.
(e) Wildlife Habitat Connectivity and National Bridge and Tunnel
Inventory and Inspection Standards.--Section 144 of title 23, United
States Code, is amended in subsection (a)(2)--
(1) in subparagraph (B) by inserting ``, resilience,''
after ``safety'';
(2) in subparagraph (D) by striking ``and'' at the end;
(3) in subparagraph (E) by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(F) to ensure adequate passage of aquatic and
terrestrial species, where appropriate.'';
SEC. 5108. RESEARCH ACTIVITIES.
Section 330(g) of title 49, United States Code, is amended by
striking ``each of fiscal years 2016 through 2020'' and inserting
``each of fiscal years 2023 through 2026''.
SEC. 5109. TRANSPORTATION EQUITY RESEARCH PROGRAM.
(a) In General.--The Secretary of Transportation shall carry out a
transportation equity research program for research and demonstration
activities that focus on the impacts that surface transportation
planning, investment, and operations have on low-income populations,
minority populations, and other underserved populations that may be
dependent on public transportation. Such activities shall include
research on surface transportation equity issues, the development of
strategies to advance economic and community development in public
transportation-dependent populations, and the development of training
programs that promote the employment of low-income populations,
minority populations, and other underserved populations on Federal-aid
transportation projects constructed in their communities.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2023 through 2026.
(c) Availability of Amounts.--Amounts made available to the
Secretary to carry out this section shall remain available for a period
of 3 years beginning after the last day of the fiscal year for which
the amounts are authorized.
SEC. 5110. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND
TECHNOLOGY.
Section 502(b)(3)(C) of title 23, United States Code, is amended by
inserting ``entities that represent the needs of metropolitan planning
organizations,'' after ``Officials,''.
SEC. 5111. METROPOLITAN PLANNING RESEARCH PILOT PROGRAM.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall seek to
enter into an agreement with a nonprofit nongovernmental entity that
exclusively serves the needs and interests of metropolitan planning
organizations to establish a pilot program to provide awards to
eligible entities to carry out eligible activities to enhance and
improve metropolitan planning practices in surface transportation.
(b) Goals.--The goals of the pilot program established under this
section include--
(1) enhancing metropolitan planning practices in surface
transportation;
(2) improving the ability of metropolitan planning
organizations to meet performance measures and targets under
section 150 of title 23, United States Code;
(3) preparing for the impact that emerging technologies,
such as connected and automated vehicles, will have on the
metropolitan planning process;
(4) improving environmental considerations in the
metropolitan planning process;
(5) reducing greenhouse gas emissions and limiting the
effects of climate change;
(6) improving access to jobs and services;
(7) supporting underserved communities; and
(8) expanding the ability of metropolitan planning
organizations to collect public input and strengthen community
engagement.
(c) Forms of Assistance.--An award provided under this section may
be in the form of a grant, contract, or cooperative agreement.
(d) Competitive Selection Process.--
(1) Applications.--To be eligible to receive an award under
this section, an eligible entity shall submit to the Secretary
an application in such form and containing such information as
the Secretary may require.
(2) Selection criteria.--The Secretary may provide awards
under this section to any eligible entity based on the
demonstrated ability of the entity to fulfill the goals
described under subsection (b) and carry out eligible
activities.
(e) Transparency.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
describing the selection process for providing an award under this
section and the results of activities carried out under this section.
(f) Definitions.--In this section:
(1) Eligible activity.--The term ``eligible activity''
means--
(A) carrying out research to improve metropolitan
planning practices;
(B) developing new metropolitan planning tools;
(C) improving existing metropolitan planning tools
and practices; or
(D) any other research activities the Secretary
determines to be appropriate, consistent with the goals
under subsection (b).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a metropolitan planning organization designated
under section 134(d) of title 23, United States Code;
(B) a metropolitan planning organization working in
partnership with a nonprofit organization;
(C) a metropolitan planning organization working in
partnership with a county; or
(D) a group of entities described under
subparagraphs (A) through (C).
(g) Federal Share.--The Federal share of the cost of an activity
carried out using an award under this section shall be 100 percent.
(h) Authorization of Appropriations.--
(1) In general.--From the amounts made available to carry
out section 503(b) of title 23, United States Code, for each of
fiscal years 2023 through 2026, the Secretary may expend
$1,000,000 to carry out this section.
(2) Administrative expenses.--Of the amounts made available
under paragraph (1), the Secretary may use up to 5 percent of
such funds for administrative expenses.
(i) Information Collection.--Any survey, questionnaire, or
interview that the Secretary determines to be necessary to carry out
reporting requirements relating to any program assessment or evaluation
activity under this section, including customer satisfaction
assessments, shall not be subject to chapter 35 of title 44, United
States Code (commonly known as the ``Paperwork Reduction Act'').
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) by striking ``; or'' and
inserting a semicolon;
(D) in clause (viii)--
(i) by striking ``accelerate'' and
inserting ``prepare for''; and
(ii) by striking the period and inserting
``; or''; and
(E) by adding at the end the following:
``(ix) reduce greenhouse gas emissions and
limit the effects of climate change.'';
(3) in subparagraph (C)--
(A) in clause (ii)(II)(aa) by striking
``congestion'' and inserting ``congestion and delays,
greenhouse gas emissions''; and
(B) by adding at the end the following:
``(iii) Considerations.--An application
submitted under this paragraph may include a
description of how the proposed project would
support the national goals described in section
150(b), the achievement of metropolitan and
statewide targets established under section
150(d), or the improvement of transportation
system access consistent with section 150(f),
including through--
``(I) the congestion and on-road
mobile-source emissions performance
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.'';
(5) in subparagraph (E)--
(A) in clause (vi)--
(i) by inserting ``, vehicle-to-
pedestrian,'' after ``vehicle-to-vehicle''; and
(ii) by inserting ``systems to improve
vulnerable road user safety,'' before
``technologies associated with'' ;
(B) in clause (viii) by striking ``; or'' and
inserting a semicolon;
(C) in clause (ix) by striking ``disabled
individuals.'' and inserting ``disabled individuals,
including activities under section 5316 of title 49;
or''; and
(D) by adding at the end the following:
``(x) measures to safeguard surface
transportation system technologies under this
subparagraph from cybersecurity threats.''.
(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 and the general
public.
``(iii) Considerations.--If applicable, the
Secretary shall ensure that the activities
described in subclauses (I) and (IV) of clause
(ii) reflect--
``(I) any information described in
subparagraph (C)(iii) that is included
by an applicant; or
``(II) the project prioritization
guidelines under subparagraph
(D)(iv).'';
(7) in subparagraph (I) by striking ``Funding'' and all
that follows through ``the Secretary may set aside'' and
inserting the following: ``Funding.--Of the amounts made
available to carry out this paragraph, the Secretary may set
aside'';
(8) in subparagraph (J) by striking the period at the end
and inserting ``, except that the Federal share of the cost of
a project for which a grant is awarded under this paragraph
shall not exceed 80 percent.'';
(9) in subparagraph (K) by striking ``amount described
under subparagraph (I)'' and inserting ``funds made available
to carry out this paragraph'';
(10) by striking subparagraph (M) and inserting the
following:
``(M) Grant flexibility.--If, by August 1 of each
fiscal year, the Secretary determines that there are
not enough grant applications that meet the
requirements described in subparagraph (C) to carry out
this paragraph for a fiscal year, the Secretary shall
transfer to the technology and innovation deployment
program--
``(i) any of the funds made available to
carry out this paragraph in a fiscal year that
the Secretary has not yet awarded under this
paragraph; and
``(ii) an amount of obligation limitation
equal to the amount of funds that the Secretary
transfers under clause (i).''; and
(11) in subparagraph (N)--
(A) in clause (i) by inserting ``an urbanized area
with'' before ``a population of''; and
(B) in clause (iii) by striking ``a any'' and
inserting ``any''.
SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.
(a) Use of Funds for ITS Activities.--Section 513(c)(1) of title
23, United States Code, is amended by inserting ``greenhouse gas
emissions reduction,'' before ``and congestion management''.
(b) Goals and Purposes.--Section 514(a) of title 23, United States
Code, is amended--
(1) in paragraph (6) by striking ``national freight policy
goals'' and inserting ``national multimodal freight policy
goals and activities described in subtitle IX of title 49'';
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) reduction of greenhouse gas emissions and mitigation
of the effects of climate change;''.
(c) General Authorities and Requirements.--Section 515(h) of title
23, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``20 members'' and inserting ``25
members'';
(B) in subparagraph (A) by striking ``State highway
department'' and inserting ``State department of
transportation'';
(C) in subparagraph (B) by striking ``local highway
department'' and inserting ``local department of
transportation'';
(D) by striking subparagraphs (E), (F), (G), (H),
(I), and (J) and inserting the following:
``(E) a private sector representative of the
intelligent transportation systems industry;
``(F) a representative from an advocacy group
concerned with safety, including bicycle and pedestrian
interests;
``(G) a representative from a labor organization;
and'';
(E) by redesignating subparagraph (K) as
subparagraph (H); and
(F) by striking subparagraph (L);
(2) in paragraph (3)--
(A) in subparagraph (A) by striking ``section 508''
and inserting ``section 6503 of title 49'';
(B) in subparagraph (B)--
(i) in clause (ii)--
(I) by inserting ``in both urban
and rural areas'' after ``by users'';
and
(II) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (iii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) assess how Federal transportation
resources, including programs under this title,
are being used to advance intelligent
transportation systems.''; and
(C) by adding at the end the following:
``(C) Convene not less frequently than twice each
year, either in person or remotely.'';
(3) in paragraph (4) by striking ``May 1'' and inserting
``April 1''; and
(4) in paragraph (5) by inserting ``, except that section
14 of such Act shall not apply'' before the period at the end.
(d) Research and Development.--Section 516(a) of title 23, United
States Code, is amended by inserting ``including through grants to
entities or groups of entities, such as institutions of higher
education,'' after ``research and development,''.
(e) Research and Development Priority Areas.--Section 516(b) of
title 23, United States Code, is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively;
(2) by inserting after paragraph (4) the following:
``(5) demonstrate reductions in greenhouse gas
emissions;'';
(3) in paragraph (7), as so redesignated, by striking ``;
or'' and inserting a semicolon;
(4) in paragraph (8), as so redesignated, by striking the
period and inserting a semicolon; and
(5) by adding at the end the following:
``(9) integrate existing observational networks and data
management systems for road weather applications; or
``(10) facilitate the interconnectivity of data and
information technology systems across different observational
networks and different users.''.
SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION
CLEARINGHOUSE.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 5507. National highly automated vehicle and mobility innovation
clearinghouse
``(a) In General.--The Secretary shall make a grant to an
institution of higher education engaged in research on the secondary
impacts of highly automated vehicles and mobility innovation to--
``(1) operate a national highly automated vehicle and
mobility innovation clearinghouse;
``(2) collect, conduct, and fund research on the secondary
impacts of highly automated vehicles and mobility innovation;
``(3) make such research available on a public website; and
``(4) conduct outreach and dissemination of the information
described in this subsection to assist communities.
``(b) Definitions.--In this section:
``(1) Highly automated vehicle.--The term `highly automated
vehicle' means a motor vehicle that is designed to be operated
by a level 3 or level 4 automated driving system for trips
within its operational design domain or a level 5 automated
driving system for all trips according to the recommended
standards published in April 2021, by the Society of Automotive
Engineers International (J3016l9 202104) or, when adopted,
equivalent standards established by the Secretary under chapter
301 of title 49, United States Code, with respect to automated
motor vehicles.
``(2) Mobility innovation.--The term `mobility innovation'
means an activity described in section 5316, including mobility
on demand and mobility as a service (as such terms are defined
in such section).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(4) Secondary impacts.--The term `secondary impacts'
means the impacts on land use, urban design, transportation
systems, real estate, accessibility, municipal budgets, social
equity, availability and quality of jobs, air quality and
climate, energy consumption, and the environment.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by inserting after the item relating to
section 5506, as added by this Act, the following:
``5507. National highly automated vehicle and mobility innovation
clearinghouse.''.
(c) Deadline for Clearinghouse.--The Secretary of Transportation
shall ensure that the institution of higher education that receives the
grant described in section 5507(a)(1) of title 49, United States Code,
as added by subsection (a), shall establish the national highly
automated vehicle clearinghouse described in such section not later
than 180 days after the date of enactment of this Act.
SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTOMATED VEHICLES AND
ROAD USERS.
(a) Purpose.--The purpose of this section shall be to ensure that
the increasing deployment of automated vehicles does not jeopardize the
safety of road users.
(b) Study.--
(1) Establishment.--Not later than 9 months after the date
of enactment of this Act, the Secretary of Transportation shall
initiate a study on the ability of automated vehicles to safely
interact with other road users.
(2) Contents.--In carrying out the study under paragraph
(1), the Secretary shall--
(A) examine the ability of automated vehicles to
safely interact with general road users, including
vulnerable road users;
(B) identify barriers to improving the safety of
interactions between automated vehicles and general
road users; and
(C) issue recommendations to improve the safety of
interactions between automated vehicles and general
road users, including, at a minimum--
(i) technology advancements with the
potential to facilitate safer interactions
between automated vehicles and general road
users given the safety considerations in
paragraph (3);
(ii) road user public awareness; and
(iii) improvements to transportation
planning and road design.
(3) Considerations.--In carrying out the study under
paragraph (1), the Secretary shall take into consideration
whether automated vehicles can safely operate within the
surface transportation system, including--
(A) the degree to which ordinary human behaviors
make it difficult for an automated vehicle to safely,
reliably predict human actions;
(B) unique challenges for automated vehicles in
urban and rural areas;
(C) the degree to which an automated vehicle is
capable of uniformly recognizing and responding to
individuals with disabilities and individuals of
different sizes, ages, races, and other varying
characteristics;
(D) for bicyclist, motorcyclist, and pedestrian
road users--
(i) the varying and non-standardized nature
of bicyclist and pedestrian infrastructure in
different locations;
(ii) the close proximity to motor vehicles
within which bicyclists often operate,
including riding in unprotected bike lanes and
crossing lanes to make a left turn, and the
risk of such close proximity; and
(iii) roadways that lack marked bicyclist
infrastructure, particularly in midsized and
rural areas, on which bicyclists often operate;
(E) for motorcyclist road users, the close
proximity to other motor vehicles within which
motorcyclists operate, including operating between
lanes of slow or stopped traffic; and
(F) depending on the level of automation of the
vehicle, the degree to which human intervention remains
necessary to safely operate an automated vehicle to
ensure the safety of general road users in
circumstances including--
(i) dangerous weather;
(ii) an electronic or system malfunction of
the automated vehicle; and
(iii) a cybersecurity threat to the
operation of the vehicle.
(4) Public comment.--Before conducting the study under
paragraph (1), the Secretary shall provide an opportunity for
public comment on the study proposal.
(c) Working Group.--
(1) Establishment.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Transportation shall
establish a working group to assist in the development of the
study and recommendations under subsection (b).
(2) Membership.--The working group established under
paragraph (1) shall include representation from--
(A) the National Highway Traffic Safety
Administration;
(B) State departments of transportation;
(C) local governments (other than metropolitan
planning organizations, as such term is defined in
section 134(b) of title 23, United States Code);
(D) transit agencies;
(E) metropolitan planning organizations (as such
term is defined in section 134(b) of title 23, United
States Code);
(F) bicycle and pedestrian safety groups;
(G) highway and automobile safety groups;
(H) truck safety groups;
(I) law enforcement officers and first responders;
(J) motor carriers and independent owner-operators;
(K) the road construction industry;
(L) labor organizations;
(M) academic experts on automated vehicle
technologies;
(N) manufacturers and developers of both passenger
and commercial automated vehicles;
(O) a motorcyclist rights group; and
(P) other industries and entities as the Secretary
determines appropriate.
(3) Duties.--The working group established under paragraph
(1) shall assist the Secretary by, at a minimum--
(A) assisting in the development of the scope of
the study under subsection (b);
(B) reviewing the data and analysis from such
study;
(C) provide ongoing recommendations and feedback to
ensure that such study reflects the contents described
in paragraphs (2) and (3) of subsection (b); and
(D) providing input to the Secretary on
recommendations required under subsection (b)(2)(C).
(4) Applicability of the federal advisory committee act.--
The working group under this subsection shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.), except that
section 14 of such Act shall not apply.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate, and make publicly available, the study initiated under
subsection (b), including recommendations for ensuring that automated
vehicles safely interact with general road users.
(e) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle''
means a motor vehicle that is designed to be operated by a
level 3 or level 4 automated driving system for trips within
its operational design domain or a level 5 automated driving
system for all trips according to the recommended standards
published in April 2021, by the Society of Automotive Engineers
International (J3016l9 202104) or, when adopted, equivalent
standards established by the Secretary under chapter 301 of
title 49, United States Code, with respect to automated motor
vehicles.
(2) General road users.--The term ``general road users''
means--
(A) motor vehicles driven by individuals;
(B) bicyclists and pedestrians;
(C) motorcyclists;
(D) workers in roadside construction zones;
(E) emergency response vehicles, including first
responders;
(F) vehicles providing local government services,
including street sweepers and waste collection
vehicles;
(G) law enforcement officers;
(H) personnel who manually direct traffic,
including crossing guards;
(I) users of shared micromobility (including
bikesharing and shared scooter systems); and
(J) other road users that may interact with
automated vehicles, as determined by the Secretary of
Transportation.
(3) Vulnerable road user.--The term ``vulnerable road
user'' has the meaning given such term in section 148(a) of
title 23, United States Code.
SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPORTATION TECHNOLOGY
COUNCIL.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 118. Nontraditional and Emerging Transportation Technology
Council
``(a) Establishment.--The Secretary of Transportation shall
establish a Nontraditional and Emerging Transportation Technology
Council (hereinafter referred to as the `Council') in accordance with
this section.
``(b) Membership.--
``(1) In general.--The Council shall be composed of the
following officers of the Department of Transportation:
``(A) The Secretary of Transportation.
``(B) The Deputy Secretary of Transportation.
``(C) The Under Secretary of Transportation for
Policy.
``(D) The General Counsel of the Department of
Transportation.
``(E) The Chief Information Officer of the
Department of Transportation.
``(F) The Assistant Secretary for Research and
Technology.
``(G) The Assistant Secretary for Budget and
Programs.
``(H) The Administrator of the Federal Aviation
Administration.
``(I) The Administrator of the Federal Highway
Administration.
``(J) The Administrator of the Federal Motor
Carrier Safety Administration.
``(K) The Administrator of the Federal Railroad
Administration.
``(L) The Administrator of the Federal Transit
Administration.
``(M) The Administrator of the Federal Maritime
Administration.
``(N) The Administrator of the National Highway
Traffic Safety Administration.
``(O) The Administrator of the Pipeline and
Hazardous Materials Safety Administration.
``(2) Additional members.--The Secretary may designate
additional members of the Department to serve as at-large
members of the Council.
``(3) Chair and vice chair.--The Secretary may designate
officials to serve as the Chair and Vice Chair of the Council
and of any working groups of the Council.
``(c) Duties.--The Council shall--
``(1) identify and resolve any jurisdictional or regulatory
gaps or inconsistencies associated with nontraditional and
emerging transportation technologies, modes, or projects
pending or brought before the Department to eliminate, so far
as practicable, impediments to the prompt and safe deployment
of new and innovative transportation technology, including with
respect to safety regulation and oversight, environmental
review, and funding issues;
``(2) coordinate the Department's internal oversight of
nontraditional and emerging transportation technologies, modes,
or projects and engagement with external stakeholders;
``(3) within applicable statutory authority other than this
paragraph, develop and establish department-wide processes,
solutions, and best practices for identifying, managing and
resolving issues regarding emerging transportation
technologies, modes, or projects pending or brought before the
Department; and
``(4) carry out such additional duties as the Secretary may
prescribe, to the extent consistent with this title, including
subsections (f)(2) and (g) of section 106.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by adding at the end the following:
``118. Nontraditional and Emerging Transportation Technology
Council.''.
SEC. 5306. SURFACE TRANSPORTATION WORKFORCE RETRAINING GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a program to make grants to eligible entities to develop a curriculum
for, and establish, transportation workforce training programs in urban
and rural areas to train, retrain, or upgrade the skills of surface
transportation workers--
(1) whose employment may be changed or worsened by
automation;
(2) who have been separated from employment; or
(3) who have received notice of impending employment loss
as a result of being replaced by the use of automated vehicles.
(b) Eligible Entities.--The following entities shall be eligible to
receive grants under this section:
(1) Institutions of higher education.
(2) Consortia of institutions of higher education.
(3) Nonprofit organizations with a demonstrated capacity to
develop and provide career pathway programs through labor-
management partnerships, pre-apprenticeships, or registered
apprenticeships on a nationwide basis.
(4) Local governments.
(c) Limitation on Awards.--An entity may only receive one grant in
a fiscal year under this section.
(d) Use of Funds.--
(1) In general.--A recipient of a grant under this section
may only use grant amounts for developing and carrying out
training programs, including--
(A) identifying and testing new duties for existing
jobs impacted by the use of automated vehicles,
including mechanical work, diagnostic work, and fleet
operations management;
(B) educational programs, including--
(i) coursework or curricula through which
participants may pursue a degree or
certification; and
(ii) tuition and direct education expenses,
excluding salaries, in connection with the
education and training of surface
transportation workers whose jobs have been
affected by the use of automated vehicles; and
(C) employee professional development, including
worker training or retraining, including train-the-
trainer programs, to upgrade the skills of surface
transportation workers whose jobs have been affected by
the use of automated vehicles.
(2) Reporting.--A recipient of a grant under this section
shall report to the Secretary the following information:
(A) The sectors of the surface transportation
system from which workers are being displaced.
(B) The skills and professions for which workers
are being retrained.
(C) How many workers have benefitted from a grant
awarded under this section.
(D) Relevant demographic information of impacted
workers.
(3) Limitation.--Funds made available under this section
may not be used to evaluate the effectiveness of automated
vehicle technologies.
(e) Selection Criteria.--In selecting grant recipients under this
section, the Secretary shall consider the extent to which an
applicant--
(1) demonstrates the capability to develop curricula and
provide training, provide retraining, or upgrade the skills of
individuals described in subsection (a);
(2) will provide program participants with practical
experience and on-the-job training; and
(3) demonstrates a commitment to carry out a surface
transportation workforce development program through degree-
granting programs or programs that provide other industry-
recognized credentials.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a grant
under this section shall be 100 percent.
(2) Availability of funds.--For a recipient of a grant
under this section carrying out activities under such grant in
partnership with a public transportation agency that is
receiving funds under section 5307, 5337, or 5339 of title 49,
United States Code, up to 0.5 percent of amounts made available
under any such section may qualify as the non-Federal share
under paragraph (1).
(g) Report Requirements.--Not later than 60 days after grants are
awarded in a fiscal year under this section, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committees on Commerce, Science, and
Transportation, Banking, Housing, and Urban Affairs, and Environment
and Public Works of the Senate, and make publicly available, a report
that includes--
(1) a list of all grant recipients for such fiscal year;
(2) an explanation of why each recipient was chosen in
accordance with the selection criteria under subsection (e);
(3) a summary of activities planned to be carried out by
each recipient and how such activities relate to the goals
established under subsection (a);
(4) the grant amount awarded to each recipient; and
(5) the information required to be provided to the
Secretary under subsection (d)(2).
(h) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle''
means a motor vehicle that is designed to be operated by a
level 3 or level 4 automated driving system for trips within
its operational design domain or a level 5 automated driving
system for all trips according to the recommended standards
published in April 2021, by the Society of Automotive Engineers
International (J3016l9 202104) or, when adopted, equivalent
standards established by the Secretary under chapter 301 of
title 49, United States Code, with respect to automated motor
vehicles.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
(4) Pre-apprenticeship.--The term ``pre-apprenticeship''
means a training model or program that prepares individuals for
acceptance into a registered apprenticeship and has a
demonstrated partnership with one or more registered
apprenticeships.
(5) Registered apprenticeship.--The term ``registered
apprenticeship'' means an apprenticeship program registered
under the Act of August 16, 1937 (29 U.S.C. 50 et seq.;
commonly known as the ``National Apprenticeship Act''), that
satisfies the requirements of parts 29 and 30 of title 29, Code
of Federal Regulations (as in effect on January 1, 2020).
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 for each of fiscal years 2023 through 2026 to carry
out this section.
(2) Availability of amounts.--Amounts made available to the
Secretary to carry out this section shall remain available for
a period of 3 years after the last day of the fiscal year for
which the amounts are authorized.
SEC. 5307. THIRD-PARTY DATA INTEGRATION PILOT PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
and implement a pilot program (in this section referred to as the
``program'') to leverage anonymous crowdsourced data from third-party
entities to improve transportation management capabilities and
efficiency on Federal-aid highways.
(b) Goals.--The goals of the program include the utilization of
anonymous crowdsourced data from third parties to implement integrated
traffic management systems which leverage real-time data to provide
dynamic and efficient traffic-flow management for purposes of--
(1) adjusting traffic light cycle times to optimize traffic
management and decrease congestion;
(2) expanding or contracting lane capacity to meet traffic
demand;
(3) enhancing traveler notification of service conditions;
(4) prioritizing high-priority vehicles such as emergency
response and law enforcement within the transportation system;
and
(5) any other purposes which the Secretary deems an
appropriate use of anonymous user data.
(c) Partnership.--In carrying out the program, the Secretary is
authorized to enter into agreements with public and private sector
entities to accomplish the goals listed in subsection (b).
(d) Data Privacy and Security.--The Secretary shall ensure the
protection of privacy for all sources of data utilized in the program,
promoting cybersecurity to prevent hacking, spoofing, and disruption of
connected and automated transportation systems.
(e) Program Locations.--In carrying out the program, the Secretary
shall initiate programs in a variety of areas, including urban,
suburban, rural, tribal, or any other appropriate settings.
(f) Best Practices.--Not later than 3 years after date of enactment
of this Act, the Secretary shall publicly make available best practices
to leverage private user data to support improved transportation
management capabilities and efficiency, including--
(1) legal considerations when acquiring private user data
for public purposes; and
(2) protecting privacy and security of individual user
data.
(g) Report.--The Secretary shall annually submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report detailing--
(1) a description of the activities carried out under the
pilot program;
(2) an evaluation of the effectiveness of the pilot program
in meeting goals descried in subsection (b);
(3) policy recommendations to improve integration of
systems between public and private entities; and
(4) a description of costs associated with equipping and
maintaining systems.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out the program.
(i) Sunset.--On a date that is 5 years after the enactment of this
Act, this program shall cease to be effective.
SEC. 5308. THIRD-PARTY DATA PLANNING INTEGRATION PILOT PROGRAM.
(a) In General.--Not later than 180 days after enactment of this
Act, the Secretary of Transportation shall establish and implement a
pilot program (in this section referred to as the ``program'') to
leverage anonymous crowdsourced data from third-party entities to
improve transportation management capabilities and efficiency on
Federal-aid highways.
(b) Goals.--The goals of the program include the utilization of
anonymous crowdsourced data from third parties to--
(1) utilize private-user data to inform infrastructure
planning decisions for the purposes of--
(A) reducing congestion;
(B) decreasing miles traveled;
(C) increasing safety;
(D) improving freight efficiency;
(E) enhancing environmental conditions; and
(F) other purposes as the Secretary deems
necessary.
(c) Partnership.--In carrying out the program, the Secretary is
authorized to enter into agreements with public and private sector
entities to accomplish the goals listed in subsection (b).
(d) Data Privacy and Security.--The Secretary shall ensure the
protection of privacy for all sources of data utilized in the program,
promoting cybersecurity to prevent hacking, spoofing, and disruption of
connected and automated transportation systems.
(e) Program Locations.--In carrying out the program, the Secretary
shall initiate programs in a variety of areas, including urban,
suburban, rural, tribal, or any other appropriate settings.
(f) Best Practices.--Not later than 3 years after date of enactment
of this Act, the Secretary shall publicly make available best practices
to leverage private user data to support improved transportation
management capabilities and efficiency, including--
(1) legal considerations when acquiring private user data
for public purposes; and
(2) protecting privacy and security of individual user
data.
(g) Report.--The Secretary shall annually submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report detailing--
(1) a description of the activities carried out under the
pilot program;
(2) an evaluation of the effectiveness of the pilot program
in meeting goals descried in subsection (b); and
(3) policy recommendations to improve the implementation of
anonymous crowdsourced data into planning decisions.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out the program.
(i) Sunset.--On a date that is 5 years after the enactment of this
Act, this program shall cease to be effective.
SEC. 5309. AUTOMATED COMMERCIAL VEHICLE REPORTING.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall establish
a repository for submitting entities to submit information to the
Secretary on operations of automated commercial motor vehicles in
interstate commerce.
(b) Purposes.--The purpose of this section shall be to ensure
automated commercial motor vehicle safety and transparency in
developing and maintaining the repository under this section.
(c) Information Required.--
(1) Submissions.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a process
for submitting entities operating automated commercial motor
vehicles in interstate commerce to provide the following
information in accordance with paragraph (2):
(A) The name of the submitting entity responsible
for the operation of an automated commercial motor
vehicle or vehicles.
(B) The make, model, and weight class of such
vehicle or vehicles.
(C) The intended level of automation of such
vehicle or vehicles, according to the taxonomy
described in subsection (f)(1).
(D) The Department of Transportation number or
operating authority assigned to the submitting entity
described in subparagraph (A), if applicable.
(E) A list of States in which the operation of such
vehicle or vehicles will occur and a list of Federal-
aid highways (as defined in section 101(a) of title 23,
United States Code) on which the operation will occur,
as well as total miles traveled in the previous year on
a biannual basis.
(F) Any cargo classifications or passengers to be
transported in such vehicle or vehicles, including
whether the submitting entity is transporting such
cargo or passengers under contract with another entity.
(G) Documentation of training or certifications
provided to any drivers, or other individuals directly
involved in the performance of the dynamic driving task
or fallback during operation of the vehicle, if any.
(H) Any fatigue management plans or work hour
limitations applicable to drivers, if any, consistent
with such standards of the Department regarding
automated commercial motor vehicle drivers.
(I) Law enforcement interaction plans for automated
commercial motor vehicles submitted to State
transportation agencies or State and local law
enforcement agencies.
(J) Proof of insurance coverage.
(2) Submission and updates.--
(A) In general.--A submitting entity responsible
for the operation of an automated commercial motor
vehicle shall provide the information required under
this subsection not later than 60 days after the
Secretary has published the notice establishing the
process described in paragraph (1).
(B) Material change of information.--The submitting
entity responsible for the operation of an automated
commercial motor vehicle shall notify the Secretary of
any material changes to the information previously
provided pursuant to this subsection on an annual
basis, or on a more frequent basis specified by the
Secretary.
(C) Amendment and correction.--If a submitting
entity responsible for the operation of an automated
commercial motor vehicle submits incomplete or
inaccurate information pursuant to subsection (c), the
submitting entity shall be given an opportunity to
amend or correct the submission within a reasonable
timeframe to be established by the Secretary.
(d) Public Availability of Information.--
(1) In general.--The Secretary shall make available on a
publicly accessible website of the Department of Transportation
the following information on automated commercial motor
vehicles:
(A) The prevalence of planned operations of such
vehicles.
(B) The characteristics of such operations.
(C) The geographic location of such operations in a
safe manner that reflects only the most significant
public road or roads on which the majority of the route
takes place, as determined appropriate by the
Secretary.
(2) Protection of information.--Any data collected under
subsection (c) and made publicly available pursuant to this
subsection shall be made available in a manner that--
(A) precludes the connection of the data to any
individual motor carrier, shipper, company, vehicle
manufacturer, or other submitting entity submitting
data;
(B) protects the safety, privacy, and
confidentiality of individuals, operators, and
submitting entities submitting the data; and
(C) protects from disclosing--
(i) trade secrets; and
(ii) information obtained from a submitting
entity that is commercial or financial and
privileged or confidential, in accordance with
section 552(b)(4) of title 5, United States
Code.
(e) Crash Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall require submitting
entities to submit information regarding collisions which occur
during the operation of an automated commercial motor vehicle
on public roads while the vehicle's automated driving system is
engaged, including--
(A) fatalities or bodily injury to persons who, as
a result of the injury, immediately receive medical
treatment away from the scene of a collision involving
the automated commercial motor vehicle;
(B) collisions or damage to property involving an
automated commercial motor vehicle that results in an
automated commercial motor vehicle or a motor vehicle
being transported away from the scene by a tow truck or
other motor vehicle;
(C) a full description of how the collision or
damage to property occurred, including, if applicable,
the role of the automated driving system; and
(D) the mode of transportation used by any road
users involved in the collision, including general road
users, as such term is defined under section 5304 of
this Act.
(2) Data availability.--The Secretary shall ensure that any
submitting entity submitting information under this subsection
that has a Department of Transportation number or operating
authority from the Federal Motor Carrier Safety
Administration--
(A) shall be subject to safety monitoring and
oversight under the Compliance, Safety, and
Accountability program of the Federal Motor Carrier
Safety Administration; and
(B) shall be included when the Secretary restores
the public availability of relevant safety data under
such program under section 4202(b) of this Act.
(3) Rulemaking.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
initiate a rulemaking to define the term ``safety
incident'', including collisions, with respect to
automated commercial motor vehicle safety.
(B) Update.--Notwithstanding paragraph (1), the
Secretary shall carry out this subsection to require
submitting entities to submit information regarding
safety incidents instead of collisions upon issuing a
final rule under subparagraph (A).
(C) Voluntary reporting.--
(i) In general.--To support the rulemaking
under this paragraph, the Secretary shall
establish a mechanism through which entities
may voluntarily report safety data or other
information regarding automated commercial
motor vehicles.
(ii) Use of data.--The data collected under
this subparagraph may only be used to support
the rulemaking under this paragraph.
(iii) Protection from disclosure.--Data or
other information submitted under this
subparagraph--
(I) shall not be made publicly
available; and
(II) shall not be disclosed to the
public by the Secretary pursuant to
section 552(b)(4) of title 5, United
States Code, if the data or other
information is submitted to the
Secretary voluntarily and is not
required to be submitted to the
Secretary under any other provision of
law.
(f) Definitions.--In this section:
(1) Automated commercial motor vehicle.--The term
``Automated commercial motor vehicle'' means a commercial motor
vehicle (as such term is defined in section 31132 of title 49,
United States Code) that is designed to be operated by a level
3 or level 4 automated driving system for trips within its
operational design domain or a level 5 automated driving system
for all trips according to the recommended taxonomy published
in April 2021, by the Society of Automotive Engineers
International (J3016_202104) or, when adopted, equivalent
standards established by the Secretary under chapter 301 of
title 49, United States Code, with respect to automated motor
vehicles.
(2) Broker.--The term ``broker'' has the meaning given such
term under section 13102 of title 49, United States Code.
(3) Employer.--The term ``employer'' has the meaning given
such term under section 31132 of title 49, United States Code.
(4) Freight forwarder.--The term ``freight forwarder'' has
the meaning given such term in section 13102 of title 49,
United States Code.
(5) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
(6) Submitting entity.--The term ``submitting entity''
means either--
(A) a motor carrier; or
(B) a technology 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.
Subtitle D--Surface Transportation Funding Pilot Programs
SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOTS.
Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Eligibility.--
``(1) Application.--To be eligible for a grant under this
section, a State or group of States shall submit to the
Secretary an application in such form and containing such
information as the Secretary may require.
``(2) Eligible projects.--The Secretary may provide grants
to States or a group of States under this section for the
following projects:
``(A) State pilot projects.--
``(i) In general.--A pilot project to
demonstrate a user-based alternative revenue
mechanism in a State.
``(ii) Limitation.--If an applicant has
previously been awarded a grant under this
section, such applicant's proposed pilot
project must be comprised of core activities or
iterations not substantially similar in manner
or scope to activities previously carried out
by the applicant with a grant for a project
under this section.
``(B) State implementation projects.--A project--
``(i) to implement a user-based alternative
revenue mechanism that collects revenue to be
expended on projects for the surface
transportation system of the State; or
``(ii) that demonstrates progress towards
implementation of a user-based alternative
revenue mechanism, with consideration for
previous grants awarded to the applicant under
this section.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``2 or more
future''; and
(B) by adding at the end the following:
``(6) To test solutions to ensure the privacy and security
of data collected for the purpose of implementing a user-based
alternative revenue mechanism.'';
(3) in subsection (d) by striking ``to test the design,
acceptance, and implementation of a user-based alternative
revenue mechanism'' and inserting ``to test the design and
acceptance of, or implement, a user-based alternative revenue
mechanism'';
(4) in subsection (g) by striking ``50 percent'' and
inserting ``80 percent'';
(5) in subsection (i) by inserting ``and containing a
determination of the characteristics of the most successful
mechanisms with the highest potential for future widespread
deployment'' before the period at the end; and
(6) by striking subsections (j) and (k) and inserting the
following:
``(j) Funding.--Of amounts made available to carry out this
section--
``(1) for fiscal year 2023, $17,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $17,500,000
shall be used to carry out projects under subsection (b)(2)(B);
``(2) for fiscal year 2024, $15,000,000 shall be used to
carry out projects under subsection (b)(2)(A) and $20,000,000
shall be used to carry out projects under subsection (b)(2)(B);
``(3) for fiscal year 2025, $12,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $22,500,000
shall be used to carry out projects under subsection (b)(2)(B);
and
``(4) for fiscal year 2026, $10,000,000 shall be used to
carry out projects under subsection (b)(2)(A) and $25,000,000
shall be used to carry out projects under subsection (b)(2)(B).
``(k) Funding Flexibility.--Funds made available in a fiscal year
for making grants for projects under subsection (b)(2) that are not
obligated in such fiscal year may be made available in the following
fiscal year for projects under such subsection or for the national
surface transportation system funding pilot under section 5402 of the
INVEST in America Act.''.
SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM FUNDING PILOT.
(a) Establishment.--
(1) In general.--The Secretary of Transportation, in
coordination with the Secretary of the Treasury, shall
establish a pilot program to demonstrate a national motor
vehicle per-mile user fee to restore and maintain the long-term
solvency of the Highway Trust Fund and achieve and maintain a
state of good repair in the surface transportation system.
(2) Objectives.--The objectives of the pilot program are
to--
(A) test the design, acceptance, implementation,
and financial sustainability of a national per-mile
user fee;
(B) address the need for additional revenue for
surface transportation infrastructure and a national
per-mile user fee; and
(C) provide recommendations regarding adoption and
implementation of a national per-mile user fee.
(b) Parameters.--In carrying out the pilot program established
under subsection (a), the Secretary of Transportation, in coordination
with the Secretary of the Treasury, shall--
(1) provide different methods that volunteer participants
can choose from to track motor vehicle miles traveled;
(2) solicit volunteer participants from all 50 States and
the District of Columbia;
(3) ensure an equitable geographic distribution by
population among volunteer participants;
(4) include commercial vehicles and passenger motor
vehicles in the pilot program; and
(5) use components of, and information from, the States
selected for the State surface transportation system funding
pilot program under section 6020 of the FAST Act (23 U.S.C. 503
note).
(c) Methods.--
(1) Tools.--In selecting the methods described in
subsection (b)(1), the Secretary of Transportation shall
coordinate with entities that voluntarily provide to the
Secretary for use in the program any vehicle-miles-traveled
collection tools, which may include the following:
(A) Third-party on-board diagnostic (OBD-II)
devices.
(B) Smart phone applications.
(C) Telemetric data collected by automakers.
(D) Motor vehicle data obtained by car insurance
companies.
(E) Data from the States selected for the State
surface transportation system funding pilot program
under section 6020 of the FAST Act (23 U.S.C. 503
note).
(F) Motor vehicle data obtained from fueling
stations, electric vehicle charging infrastructure, or
alternative fueling infrastructure.
(G) Any other method that the Secretary considers
appropriate.
(2) Coordination.--
(A) Selection.--The Secretary shall determine which
methods under paragraph (1) are selected for the pilot
program.
(B) Volunteer participants.--In a manner that the
Secretary considers appropriate, the Secretary shall
provide each selected method to each volunteer
participant.
(d) Per-Mile User Fees.--For the purposes of the pilot program
established in subsection (a), the Secretary of the Treasury shall
establish on an annual basis--
(1) for passenger vehicles and light trucks, a per-mile
user fee that is equivalent to--
(A) the average annual taxes imposed by sections
4041 and 4081 of the Internal Revenue Code of 1986 with
respect to gasoline or any other fuel used in a motor
vehicle (other than aviation gasoline or diesel fuel),
divided by
(B) the total vehicle miles traveled by passenger
vehicles and light trucks; and
(2) for medium- and heavy-duty trucks, a per-mile user fee
that is equivalent to--
(A) the average annual taxes imposed by sections
4041 and 4081 of such Code with respect to diesel fuel,
divided by
(B) the total vehicle miles traveled by medium- and
heavy-duty trucks.
Taxes shall only be taken into account under the preceding
sentence to the extent taken into account in determining
appropriations to the Highway Trust Fund under section 9503(b)
of such Code, and the amount so determined shall be reduced to
account for transfers from such fund under paragraphs (3), (4),
and (5) of section 9503(c) of such Code.
(e) Volunteer Participants.--The Secretary of Transportation, in
coordination with the Secretary of the Treasury, shall--
(1) ensure, to the extent practicable, that an appropriate
number of volunteer participants participate in the pilot
program; and
(2) issue policies to--
(A) protect the privacy of volunteer participants;
and
(B) secure the data provided by volunteer
participants.
(f) Advisory Board.--
(1) In general.--The Secretary shall establish an advisory
board to advise the Secretary on--
(A) advancing and implementing the pilot program
under this section;
(B) carrying out the public awareness campaign
under subsection (g); and
(C) developing the report under subsection (m).
(2) Members.--The advisory board shall, at a minimum,
include the following entities, to be appointed by the
Secretary--
(A) State departments of transportation;
(B) any public or nonprofit entity that led a
surface transportation system funding alternatives
pilot project under section 6020 of the FAST Act (23
U.S.C. 503 note; Public Law 114-94) (as in effect on
the day before the date of enactment of this Act);
(C) representatives of the trucking industry,
including owner-operator independent drivers;
(D) data security experts with expertise in
personal privacy;
(E) academic experts on surface transportation;
(F) consumer advocates; and
(G) advocacy groups focused on equity.
(g) Public Awareness Campaign.--
(1) In general.--The Secretary of Transportation, with
guidance from the advisory board under subsection (f), may
carry out a public awareness campaign to increase public
awareness regarding a national per-mile user fee, including
distributing information related to the pilot program carried
out under this section, information from the State surface
transportation system funding pilot program under section 6020
of the FAST Act (23 U.S.C. 503 note), and information related
to consumer privacy.
(2) Considerations.--In carrying out the public awareness
campaign under this subsection, the Secretary shall consider
issues unique to each State.
(h) Revenue Collection.--The Secretary of the Treasury, in
coordination with the Secretary of Transportation, shall establish a
mechanism to collect per-mile user fees established under subsection
(d) from volunteer participants. Such mechanism--
(1) may be adjusted as needed to address technical
challenges; and
(2) may allow third-party vendors to collect the per-mile
user fees and forward such fees to the Treasury.
(i) Agreement.--The Secretary of Transportation may enter into an
agreement with a volunteer participant or an owner of data or
technologies, as describe under paragraph (c)(1) containing such terms
and conditions as the Secretary considers necessary for participation
in the pilot program.
(j) Limitation.--Any revenue collected through the mechanism
established in subsection (h) shall not be considered a toll under
section 301 of title 23, United States Code.
(k) Highway Trust Fund.--The Secretary of the Treasury shall ensure
that any revenue collected under subsection (h) is deposited into the
Highway Trust Fund.
(l) Refund.--Not more than 45 days after the end of each calendar
quarter in which a volunteer participant has participated in the pilot
program, the Secretary of the Treasury shall calculate and issue an
equivalent refund to volunteer participants for applicable Federal
motor fuel taxes under section 4041 and section 4081 of the Internal
Revenue Code of 1986, the applicable battery tax under section 4111 of
such Code, or both, if applicable.
(m) Report to Congress.--Not later than 1 year after the date on
which volunteer participants begin participating in the pilot program,
and each year thereafter for the duration of the pilot program, the
Secretary of Transportation and the Secretary of the Treasury shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report that includes an analysis of--
(1) whether the objectives described in subsection (a)(2)
were achieved;
(2) how volunteer protections in subsection (e)(2) were
complied with;
(3) whether per-mile user fees can maintain the long-term
solvency of the Highway Trust Fund and achieve and maintain a
state of good repair in the surface transportation system;
(4) how the personal privacy of volunteers was maintained;
and
(5) equity effects of the pilot program, including the
effects of the program on low-income commuters.
(n) Information Collection.--Any survey, questionnaire, or
interview that the Secretary determines to be necessary to carry out
reporting requirements relating to any program assessment or evaluation
activity under this section, including customer satisfaction
assessments, shall not be subject to chapter 35 of title 44, United
States Code (commonly known as the ``Paperwork Reduction Act'').
(o) Sunset.--The pilot program established under this section shall
expire on the date that is 4 years after the date on which volunteer
participants begin participating in such program.
(p) Definitions.--In this section, the following definitions apply:
(1) Commercial vehicle.--The term ``commercial vehicle''
has the meaning given the term commercial motor vehicle in
section 31101 of title 49, United States Code.
(2) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established under section 9503 of
the Internal Revenue Code of 1986.
(3) Light truck.--The term ``light truck'' has the meaning
given the term in section 523.2 of title 49, Code of Federal
Regulations.
(4) Medium- and heavy-duty truck.--The term ``medium- and
heavy-duty truck'' has the meaning given the term ``commercial
medium- and heavy-duty on-highway vehicle'' in section 32901(a)
of title 49, United States Code.
(5) Per-mile user fee.--The term ``per-mile user fee''
means a revenue mechanism that--
(A) is applied to road users operating motor
vehicles on the surface transportation system; and
(B) is based on the number of vehicle miles
traveled by an individual road user.
(6) Volunteer participant.--The term ``volunteer
participant'' means--
(A) an owner or lessee of an individual private
motor vehicle who volunteers to participate in the
pilot program;
(B) a commercial vehicle operator who volunteers to
participate in the pilot program; or
(C) an owner of a motor vehicle fleet who
volunteers to participate in the pilot program.
Subtitle E--Miscellaneous
SEC. 5501. ERGONOMIC SEATING WORKING GROUP.
(a) In General.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation shall
convene a working group to examine the seating standards for
commercial drivers.
(2) Members.--At a minimum, the working group shall
include--
(A) seat manufacturers;
(B) commercial vehicle manufacturers;
(C) transit vehicle manufacturers;
(D) labor representatives for the trucking
industry;
(E) representatives from organizations engaged in
collective bargaining on behalf of transit workers in
not fewer than three States; and
(F) musculoskeletal health experts.
(b) Objectives.--The Secretary shall pursue the following
objectives through the working group:
(1) To identify health issues, including musculoskeletal
health issues, that afflict commercial drivers due to sitting
for long periods of time while on duty.
(2) To identify the impact that commercial vehicle sizing,
design, and safety measures have on women in comparison to men,
and to identify designs that may improve the health and safety
of women drivers.
(3) To identify research topics for further development and
best practices to improve seating.
(4) To determine ways to incorporate improved seating into
manufacturing standards for public transit vehicles and
commercial vehicles.
(c) Report.--
(1) Submission.--Not later than 18 months after the date of
enactment of this Act, the working group shall submit to the
Secretary, the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
findings of the working group under this section and any
recommendations for the adoption of better ergonomic seating
for commercial drivers.
(2) Publication.--Upon receipt of the report in paragraph
(1), the Secretary shall publish the report on a publicly
accessible website of the Department.
(d) Applicability of Federal Advisory Committee Act.--The Advisory
Committee shall be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED STATES CODE.
(a) In General.--Section 6314 of title 49, United States Code, is
repealed.
(b) Conforming Amendments.--
(1) Title analysis.--The analysis for chapter 63 of title
49, United States Code, is amended by striking the item
relating to section 6314.
(2) Section 6307.--Section 6307(b) of title 49, United
States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``or
section 6314(b)'';
(ii) in subparagraph (B) by striking ``or
section 6314(b)''; and
(iii) in subparagraph (C) by striking ``or
section 6314(b)''; and
(B) in paragraph (2)(A) by striking ``or section
6314(b)''.
SEC. 5503. TRANSPORTATION WORKFORCE OUTREACH PROGRAM.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 5508. Transportation workforce outreach program
``(a) In General.--The Secretary shall establish and administer a
transportation workforce outreach program that carries out a series of
public service announcement campaigns during fiscal years 2023 through
2026.
``(b) Purpose.--The purpose of each campaign carried out under the
program shall be to achieve the following objectives:
``(1) Increase awareness of career opportunities in the
transportation sector, including aviation pilots, safety
inspectors, mechanics and technicians, maritime transportation
workers, air traffic controllers, flight attendants, truck
drivers, engineers, transit workers, railroad workers, and
other transportation professionals.
``(2) Increase diversity, including race, gender,
ethnicity, and socioeconomic status, of professionals in the
transportation sector.
``(c) Advertising.--The Secretary may use, or authorize the use of,
funds available to carry out the program for the development,
production, and use of broadcast, digital, and print media advertising
and outreach in carrying out campaigns under this section.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for each fiscal
years 2023 through 2026.''.
(b) Clerical Amendment.--The table of sections for chapter 55 of
subchapter I of title 49, United States Code, is further amended by
inserting after the item relating to section 5507, as added by this
Act, the following:
``5508. Transportation workforce outreach program.''.
SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.
Section 6305 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``The Director'' and all
that follows to the period and inserting ``Notwithstanding
section 418 of the FAA Reauthorization Act of 2018 (Public Law
115-254), not later than 6 months after the date of enactment
of the INVEST in America Act, the Director shall establish and
consult with an advisory council on transportation
statistics.''; and
(2) by striking subsection (d)(3).
SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PROGRAMS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works, the
Committee on Banking, Housing, and Urban Affairs, and the Committee on
Commerce, Science, and Transportation of the Senate a review of the
extent to which the Secretary is considering the needs of and awarding
funding through covered discretionary grant programs to projects that
serve--
(1) low-income communities;
(2) minority communities; and
(3) populations that are underserved or have limited
transportation choices.
(b) Recommendations.--The Comptroller General shall include as part
of the review under subsection (a) recommendations to the Secretary on
possible means to improve consideration of projects that serve the
unique needs of communities described in subsection (a)(1).
(c) Definition of Covered Discretionary Grant Program.--For
purposes of this section, the term ``covered discretionary grant
programs'' means the Projects of National and Regional Significance
program under section 117 of title 23, the Community Transportation
Investment Grant program under section 173 of such title, and the
Community Climate Innovation Grant program under section 172 of such
title.
TITLE VI--MULTIMODAL TRANSPORTATION
SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY.
Section 70101(b) of title 49, United States Code, is amended--
(1) in paragraph (2) by inserting ``in rural and urban
areas'' after ``freight transportation'';
(2) in paragraph (7)--
(A) in subparagraph (B) by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) travel within population centers; and'';
(3) in paragraph (9) by striking ``; and'' and inserting
the following: ``including--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) minimizing, capturing, or treating stormwater
runoff or other adverse impacts to water quality; and
``(D) wildlife habitat loss;'';
(4) by redesignating paragraph (10) as paragraph (11); and
(5) by inserting after paragraph (9) the following:
``(10) to decrease any adverse impact of freight
transportation on communities located near freight facilities
or freight corridors; and''.
SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN.
Section 70102(c) of title 49, United States Code, is amended by
striking ``shall'' and all that follows through the end and inserting
the following: ``shall--
``(1) update the plan and publish the updated plan on the
public website of the Department of Transportation; and
``(2) include in the update described in paragraph (1)--
``(A) each item described in subsection (b); and
``(B) best practices to reduce the adverse
environmental impacts of freight-related--
``(i) greenhouse gas emissions;
``(ii) local air pollution;
``(iii) stormwater runoff or other adverse
impacts to water quality; and
``(iv) wildlife habitat loss.''.
SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK.
Section 70103 of title 49, United States Code, is amended--
(1) in subsection (b)(2)(C) by striking ``of the United
States that have'' and inserting the following: ``of the United
States that--
``(i) have a total annual value of cargo of
at least $1,000,000,000, as identified by
United States Customs and Border Protection and
reported by the Bureau of the Census; or
``(ii) have''; and
(2) in subsection (c)--
(A) in paragraph (1) by striking ``Not later than 1
year after the date of enactment of this section,'' and
inserting the following:
``(A) Report to congress.--Not later than 30 days
after the date of enactment of the INVEST in America
Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing a
plan to designate a final National Multimodal Freight
Network, including a detailed summary of the resources
within the Office of the Secretary that will be
dedicated to carrying out such plan.
``(B) Designation of national multimodal freight
network.--Not later than 60 days after the submission
of the report described in subparagraph (A),'';
(B) in paragraph (3)(C)--
(i) by inserting ``and metropolitan
planning organizations'' after ``States''; and
(ii) by striking ``paragraph (4)'' and
inserting ``paragraphs (4) and (5)'';
(C) in paragraph (4)--
(i) in the header by inserting ``and
metropolitan planning organization'' after
``State'';
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by striking subparagraph (C) and
inserting the following:
``(C) Critical urban freight facilities and
corridors.--
``(i) Area with a population of over
500,000.--In an urbanized area with a
population of 500,000 or more individuals, the
representative metropolitan planning
organization, in consultation with the State,
may designate a freight facility or corridor
within the borders of the State as a critical
urban freight facility or corridor.
``(ii) Area with a population of less than
500,000.--In an urbanized area with a
population of less than 500,000 individuals,
the State, in consultation with the
representative metropolitan planning
organization, may designate a freight facility
or corridor within the borders of the State as
a critical urban freight corridor.
``(iii) Designation.--A designation may be
made under subparagraph (i) or (ii) if the
facility or corridor is in an urbanized area,
regardless of population, and such facility or
corridor--
``(I) provides access to the
primary highway freight system, the
Interstate system, or an intermodal
freight facility;
``(II) is located within a corridor
of a route on the primary highway
freight system and provides an
alternative option important to goods
movement;
``(III) serves a major freight
generator, logistics center, or
manufacturing and warehouse industrial
land;
``(IV) connects to an international
port of entry;
``(V) provides access to a
significant air, rail, water, or other
freight facility in the State; or
``(VI) is important to the movement
of freight within the region, as
determined by the metropolitan planning
organization or the State.
``(D) Limitation.--A State may propose additional
designations to the National Multimodal Freight Network
in the State in an amount that is--
``(i) for a highway project, not more than
20 percent of the total mileage designated by
the Under Secretary in the State; and
``(ii) for a non-highway project, using a
limitation determined by the Under
Secretary.''; and
(D) by adding at the end the following:
``(5) Required network components.--In designating or
redesignating the National Multimodal Freight Network, the
Under Secretary shall ensure that the National Multimodal
Freight Network includes the components described in subsection
(b)(2).''.
SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES.
Section 70201(a) of title 49, United States Code, is amended by
striking ``and local governments'' and inserting ``local governments,
metropolitan planning organizations, and the departments with
responsibility for environmental protection and air quality of the
State''.
SEC. 6005. STATE FREIGHT PLANS.
Section 70202(b) of title 49, United States Code, is amended--
(1) in paragraph (3)(A) by inserting ``and urban'' after
``rural'';
(2) in paragraph (9) by striking ``; and'' and inserting a
semicolon;
(3) by redesignating paragraph (10) as paragraph (12); and
(4) by inserting after paragraph (9) the following:
``(10) strategies and goals to decrease freight-related--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) stormwater runoff or other adverse impacts to
water quality; and
``(D) wildlife habitat loss;
``(11) strategies and goals to decrease any adverse impact
of freight transportation on communities located near freight
facilities or freight corridors; and''.
SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Transportation, in consultation with the
Secretary of the Treasury and the Commissioner of the Internal Revenue
Service, shall establish a joint task force to study the establishment
and administration of a fee on multimodal freight surface
transportation services.
(b) Contents.--The study required under subsection (a) shall
include the following:
(1) An estimation of the revenue that a fee of up to 1
percent on freight transportation services would raise.
(2) An identification of the entities that would be subject
to such a fee paid by the owners or suppliers of cargo.
(3) An analysis of the administrative capacity of Federal
agencies and freight industry participants to collect such a
fee and ensure compliance with fee requirements.
(4) Policy options to prevent avoidance of such a fee,
including diversion of freight services to foreign countries.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure and the Committee on Ways and
Means of the House of Representatives and the Committee on Environment
and Public Works and the Committee on Finance of the Senate the study
required under subsection (a).
SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU.
Section 116 of title 49, United States Code, is amended--
(1) in subsection (b) by striking paragraph (1) and
inserting the following:
``(1) to provide assistance and communicate best practices
and financing and funding opportunities to eligible entities
for the programs referred to in subsection (d)(1), including
by--
``(A) conducting proactive outreach to communities
located outside of metropolitan or micropolitan
statistical areas (as such areas are defined by the
Office of Management and Budget) using data from the
most recent decennial Census; and
``(B) coordinating with the Office of Rural
Development of the Department of Agriculture, the
Office of Community Revitalization of the Environmental
Protection Agency, and any other agencies that provide
technical assistance for rural communities, as
determined by the Executive Director;'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following:
``(j) Annual Progress Report.--Not later than 1 year after the date
of enactment of this subsection, and annually thereafter, the Executive
Director shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report detailing--
``(1) the use of funds authorized under section 605(f) of
title 23; and
``(2) the progress of the Bureau in carrying out the
purposes described in subsection (b).''.
TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT
SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT.
(a) Creditworthiness.--Section 602(a)(2) of title 23, United States
Code, is amended--
(1) in subparagraph (A)(iv)--
(A) by striking ``a rating'' and inserting ``an
investment grade rating''; and
(B) by striking ``$75,000,000'' and inserting
``$150,000,000''; and
(2) in subparagraph (B)--
(A) by striking ``the senior debt'' and inserting
``senior debt''; and
(B) by striking ``credit instrument is for an
amount less than $75,000,000'' and inserting ``total
amount of other senior debt and the Federal credit
instrument is less than $150,000,000''.
(b) Buy America Application.--Section 602(c)(1) of title 23, United
States Code, is amended by striking ``of title 49'' inserting ``and
section 22905(a) of title 49, subject to the requirements of section
5320(o) of title 49,''.
(c) Non-Federal Share.--Section 603(b) of title 23, United States
Code, is amended by striking paragraph (8) and inserting the following:
``(8) Non-federal share.--Notwithstanding paragraph (9) and
section 117(j)(2), the proceeds of a secured loan under the
TIFIA program shall be considered to be part of the non-Federal
share of project costs required under this title or chapter 53
of title 49, if the loan is repayable from non-Federal
funds.''.
(d) Exemption of Funds From TIFIA Federal Share Requirement.--
Section 603(b)(9) of title 23, United States Code, is amended by adding
at the end the following:
``(C) Territories.--Funds provided for a territory
under section 165(c) shall not be considered Federal
assistance for purposes of subparagraph (A).''.
(e) Streamlined Application Process.--Section 603(f) of title 23,
United States Code, is amended by adding at the end the following:
``(3) Additional terms for expedited decisions.--
``(A) In general.--Not later than 120 days after
the date of enactment of this paragraph, the Secretary
shall implement an expedited decision timeline for
public agency borrowers seeking secured loans that
meet--
``(i) the terms under paragraph (2); and
``(ii) the additional criteria described in
subparagraph (B).
``(B) Additional criteria.--The additional criteria
referred to in subparagraph (A)(ii) are the following:
``(i) The secured loan is made on terms and
conditions that substantially conform to the
conventional terms and conditions established
by the National Surface Transportation
Innovative Finance Bureau.
``(ii) The secured loan is rated in the A
category or higher.
``(iii) The TIFIA program share of eligible
project costs is 33 percent or less.
``(iv) The applicant demonstrates a
reasonable expectation that the contracting
process for the project can commence by not
later than 90 days after the date on which a
Federal credit instrument is obligated for the
project under the TIFIA program.
``(v) The project has received a
categorical exclusion, a finding of no
significant impact, or a record of decision
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(C) Written notice.--The Secretary shall provide
to an applicant seeking a secured loan under the
expedited decision process under this paragraph a
written notice informing the applicant whether the
Secretary has approved or disapproved the application
by not later than 180 days after the date on which the
Secretary submits to the applicant a letter indicating
that the National Surface Transportation Innovative
Finance Bureau has commenced the creditworthiness
review of the project.''.
(f) Assistance to Small Projects.--Section 605(f)(1) of title 23,
United States Code, is amended by striking ``$2,000,000'' and inserting
``$3,000,000''.
(g) Administrative Funds.--Section 608(a)(5) of title 23, United
States Code, is amended by striking ``$6,875,000'' and all that follows
through the period and inserting ``2.5 percent for the administration
of the TIFIA program.''.
(h) Application Process Report.--Section 609(b)(2)(A) of title 23,
United States Code, is amended--
(1) in clause (iv) by striking ``and'';
(2) in clause (v) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vi) whether the project is located in a
metropolitan statistical area, micropolitan
statistical area, or neither (as such areas are
defined by the Office of Management and
Budget).''.
(i) Status Reports.--Section 609 of title 23, United States Code,
is amended by adding at the end the following:
``(c) Status Reports.--
``(1) In general.--The Secretary shall publish on the
website for the TIFIA program--
``(A) on a monthly basis, a current status report
on all submitted letters of interest and applications
received for assistance under the TIFIA program; and
``(B) on a quarterly basis, a current status report
on all approved applications for assistance under the
TIFIA program.
``(2) Inclusions.--Each monthly and quarterly status report
under paragraph (1) shall include, at a minimum, with respect
to each project included in the status report--
``(A) the name of the party submitting the letter
of interest or application;
``(B) the name of the project;
``(C) the date on which the letter of interest or
application was received;
``(D) the estimated project eligible costs;
``(E) the type of credit assistance sought; and
``(F) the anticipated fiscal year and quarter for
closing of the credit assistance.''.
DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION
SEC. 8001. SHORT TITLE.
This division may be cited as the ``Improving Hazardous Materials
Safety Act of 2021''.
TITLE I--AUTHORIZATIONS
SEC. 8101. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended--
(1) in subsection (a) by striking paragraphs (1) through
(5) and inserting the following:
``(1) $75,000,000 for fiscal year 2022;
``(2) $70,000,000 for fiscal year 2023;
``(3) $71,000,000 for fiscal year 2024;
``(4) $73,000,000 for fiscal year 2025; and
``(5) $74,000,000 for fiscal year 2026;'';
(2) in subsection (b)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2022 through 2026''; and
(B) by striking ``$21,988,000'' and inserting
``$24,025,000'';
(3) in subsection (c) by striking ``$4,000,000 for each of
fiscal years 2016 through 2020'' and inserting ``$5,000,000 for
each of fiscal years 2022 through 2026'';
(4) in subsection (d) by striking ``$1,000,000 for each of
fiscal years 2016 through 2020'' and inserting ``$4,000,000 for
each of fiscal years 2022 through 2026'';
(5) by redesignating subsection (e) as subsection (f); and
(6) by inserting after subsection (d) the following:
``(e) Assistance With Local Emergency Responder Training Grants.--
From the Hazardous Materials Emergency Preparedness Fund established
under section 5116(h), the Secretary may expend $1,800,000 for each of
fiscal years 2022 through 2026 to carry out the grant program under
section 5107(j).''.
TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED TO LITHIUM CELLS AND
BATTERIES.
(a) Repeal.--Section 828 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 44701 note), and the item relating to such section in
the table of contents in section 1(b) of such Act, are repealed.
(b) Conforming Amendments.--Section 333 of the FAA Reauthorization
Act of 2018 (49 U.S.C. 44701 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(A) In general.--'' and
all that follows through ``the Secretary'' and
inserting ``The Secretary''; and
(ii) by striking subparagraph (B); and
(B) in paragraph (2) by striking ``Pursuant to
section 828 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 44701 note), the Secretary'' and
inserting ``The Secretary'';
(2) by striking paragraph (4) of subsection (b); and
(3) by striking paragraph (1) of subsection (h) and
inserting the following:
``(1) ICAO technical instructions.--The term `ICAO
Technical Instructions' means the International Civil Aviation
Organization Technical Instructions for the Safe Transport of
Dangerous Goods by Air.''.
(c) Lithium Battery Safety Evaluation and Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration, in coordination with
the Administrator of the Federal Aviation Administration, shall
evaluate outstanding recommendations of the National
Transportation Safety Board regarding transportation of lithium
batteries by air.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, a report on the
evaluation described in paragraph (1).
SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS BY RAIL TANK CAR.
(a) Stay of Authorization for Transportation of Liquefied Natural
Gas by Tank Car.--
(1) In general.--Any regulation authorizing the
transportation of liquefied natural gas by rail tank car issued
before the date of enactment of this Act shall have no force or
effect until--
(A) the Secretary of Transportation conducts the
evaluation, testing, and analysis required in
subsections (b), (c), and (d);
(B) the Secretary issues the report required by
subsection (e);
(C) the Comptroller General of the United States
completes the evaluation and report required under
subsection (g); and
(D) the Secretary issues a final rule updating the
regulation described in this paragraph that
incorporates the additional data, research, and
analysis required under this section.
(2) Permit or approval.--The Secretary shall rescind any
special permit or approval for the transportation of liquefied
natural gas by rail tank car issued before the date of
enactment of this Act.
(b) Evaluation.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Pipeline and Hazardous
Materials Safety Administration, in coordination with the Administrator
of the Federal Railroad Administration, shall initiate an evaluation of
the safety, security, and environmental risks of transporting liquefied
natural gas by rail.
(c) Testing.--In conducting the evaluation under subsection (a),
the Administrator of the Pipeline and Hazardous Materials Safety
shall--
(1) perform physical testing of rail tank cars, including,
at a minimum, the DOT-113C120-W9 specification, to evaluate the
performance of such rail tank cars in the event of an accident
or derailment, including evaluation of the extent to which
design and construction features such as steel thickness and
valve protections prevent or mitigate the release of liquefied
natural gas;
(2) analyze multiple release scenarios, including
derailments, front-end collisions, rear-end collisions, side-
impact collisions, grade-crossing collisions, punctures, and
impact of an incendiary device, at a minimum of three speeds of
travel with a sufficient range of speeds to evaluate the
safety, security, and environmental risks posed under real-
world operating conditions; and
(3) examine the effects of exposure to climate conditions
across rail networks, including temperature, humidity, and any
other factors that the Administrator of the Federal Railroad
Administration determines could influence performance of rail
tank cars and components of such rail tank cars.
(d) Other Factors To Consider.--In conducting the evaluation under
subsection (b), the Administrator of the Pipeline and Hazardous
Materials Safety shall evaluate the impact of a discharge of liquefied
natural gas from a rail tank car on public safety and the environment,
and consider--
(1) the safety benefits of route restrictions, speed
restrictions, enhanced brake requirements, personnel
requirements, rail tank car technological requirements, and
other operating controls;
(2) the inclusion of consist restrictions, including
limitations on the arrangement and quantity of rail tank cars
carrying liquefied natural gas in any given consist;
(3) the identification of potential impact areas, and the
number of homes and structures potentially endangered by a
discharge in rural, suburban, and urban environments;
(4) the impact of discharge on the environment, including
air quality impacts;
(5) the benefits of advanced notification to the Department
of Transportation, State Emergency Response Commissions, and
Tribal Emergency Response Commissions of routes for moving
liquefied natural gas by rail tank car;
(6) how first responders respond to an incident, including
the extent to which specialized equipment or training would be
required and the cost to communities for acquiring any
necessary equipment or training;
(7) whether thermal radiation could occur from a discharge;
(8) an evaluation of the rail tank car authorized by the
Secretary of Transportation for liquefied natural gas or
similar cryogenic liquids, and a determination of whether
specific safety enhancements or new standards are necessary to
ensure the safety of rail transport of liquefied natural gas;
and
(9) the risks posed by the transportation of liquefied
natural gas by International Organization for Standardization
containers authorized by the Federal Railroad Administration.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate, and make available to the public--
(1) a report based on the evaluation and testing conducted
under subsections (b) and (c), which shall include the results
of the evaluation and testing and recommendations for
mitigating or eliminating the safety, security, environmental,
and other risks of an accident or incident involving the
transportation of liquefied natural gas by rail; and
(2) a complete list of all research related to the
transportation of liquefied natural gas by rail conducted by
the Federal Railroad Administration, the Pipeline and Hazardous
Materials Safety Administration, or any other entity of the
Federal Government since 2010 that includes, for each research
item--
(A) the title of any reports or studies produced
with respect to the research;
(B) the agency, entity, or organization performing
the research;
(C) the names of all authors and co-authors of any
report or study produced with respect to the research;
and
(D) the date any related report was published or is
expected to publish.
(f) Data Collection.--The Administrator of the Federal Railroad
Administration and the Administrator of the Pipeline and Hazardous
Materials Safety Administration shall collect any relevant data or
records necessary to complete the evaluation required by subsection
(b).
(g) GAO Report.--After the evaluation required by subsection (b)
has been completed, the Comptroller General shall conduct an
independent evaluation to verify that the Federal Railroad
Administration and the Pipeline and Hazardous Materials Safety
Administration complied with the requirements of this Act, and transmit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of such
independent evaluation.
(h) Funding.--From the amounts made available for fiscal year 2022
under section 5128(a) of title 49, United States Code, the Secretary
shall expend not less than $4,000,000 and not more than $6,000,000 to
carry out the evaluation under subsection (a).
SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIREMENTS AND GRANTS.
Section 5107 of title 49, United States Code, is amended by adding
at the end the following:
``(j) Assistance With Local Emergency Responder Training.--The
Secretary shall establish a program to make grants, on a competitive
basis, to nonprofit organizations to develop hazardous materials
response training for emergency responders and make such training
available electronically or in person.''.
SEC. 8204. LITHIUM BATTERY APPROVAL.
(a) In General.--Chapter 51 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5129. Lithium battery approval
``(a) Approval to Transport Certain Batteries in Commerce.--A
person may not transport in commerce a specified lithium battery that
is determined by the Secretary to be a high safety or security risk
unless--
``(1) the manufacturer of such battery receives an approval
from the Secretary; and
``(2) the manufacture of such battery meets the
requirements of this section and the regulations issued under
subsection (d).
``(b) Term of Approval.--An approval granted to a manufacturer
under this section shall not exceed 5 years.
``(c) Approval Process.--To receive an approval for a specified
lithium battery under this section, a manufacturer shall--
``(1) allow the Secretary, or an entity designated by the
Secretary, to inspect the applicant's manufacturing process and
procedures;
``(2) bear the cost of any inspection carried out under
paragraph (1); and
``(3) develop and implement, with respect to the
manufacture of such battery--
``(A) a comprehensive quality management program;
and
``(B) appropriate product identification, marking,
documentation, lifespan, and tracking measures.
``(d) Regulations Required.--Not later than 2 years after the date
of enactment of this section, the Secretary shall issue regulations to
carry out this section. Such regulations shall include--
``(1) parameters for, and a process for receiving, an
approval under this section; and
``(2) a determination of the types of specified lithium
batteries that pose a high safety or security risk in
transport, including battery or cell type, size, and energy
storage capacity.
``(e) Specified Lithium Battery Defined.--In this section, the term
`specified lithium battery' means--
``(1) a lithium ion cell or battery; or
``(2) a lithium metal cell or battery.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 49,
United States Code, is amended by adding at the end the following:
``5129. Lithium battery approval.''.
DIVISION D--RAIL
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Transforming Rail by
Accelerating Investment Nationwide Act'' or the ``TRAIN Act''.
Sec. 9001. Short title.
TITLE I--AUTHORIZATIONS
Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion
grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement
grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Bridges, stations, and tunnels (BeST) grant program.
Sec. 9106. Buy America.
TITLE II--AMTRAK REFORMS
Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Access to recreational trails.
Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant
program.
Sec. 9218. Amtrak and private cars.
Sec. 9219. Amtrak Office of Community Outreach.
Sec. 9220. Long-distance customer enhancement program.
Sec. 9221. Amtrak carbon-free and renewable energy initiatives.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. Interstate rail compacts.
Sec. 9305. High-speed rail updates.
Sec. 9306. State rail planning formula funds.
TITLE IV--COMMUTER RAIL POLICY
Sec. 9401. Surface Transportation Board mediation of trackage use
requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use
requests.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
Sec. 9501. Study on safety impact of long trains.
Sec. 9502. FRA safety reporting.
Sec. 9503. Waiver notice requirements.
Sec. 9504. Notice of FRA comprehensive safety culture assessments.
Sec. 9505. FRA accident and incident investigations.
Sec. 9506. Freight train crew size safety standards.
Sec. 9507. Border crossings.
Sec. 9508. Yardmasters hours of service.
Sec. 9509. Leaking brakes.
Sec. 9510. Report on PTC system failures.
Sec. 9511. Fatigue reduction management plans.
Sec. 9512. Assault prevention and response plans.
Sec. 9513. Critical incident stress plans.
Sec. 9514. Crewmember certification and qualification.
Sec. 9515. Safety management team communication.
Sec. 9516. GAO study on reorganization of Office of Railroad Safety.
Sec. 9517. Open-top rail car public input.
Sec. 9518. New passenger service pre-revenue safety validation plan.
Sec. 9519. Safety oversight of nontraditional and emerging rail
technologies.
Subtitle B--Grade Crossing Safety
Sec. 9551. Highway-rail grade crossing separation grants.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public
highway-rail grade crossings.
Sec. 9554. National blocked crossing database.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Railroad trespassing enforcement grants.
Sec. 9558. Railroad trespassing suicide prevention grants.
Sec. 9559. Including railroad suicides.
Sec. 9560. Report on safety measures required for Quiet Zones.
TITLE VI--MISCELLANEOUS
Sec. 9601. Rail network climate change vulnerability assessment.
Sec. 9602. Advance acquisition.
Sec. 9603. University rail climate innovation grant program.
Sec. 9604. Workforce diversity and development.
Sec. 9605. Requirements for railroad freight cars entering service in
United States.
TITLE I--AUTHORIZATIONS
SEC. 9101. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Grants to Amtrak.--
(1) Northeast corridor.--There are authorized to be
appropriated to the Secretary of Transportation for the use of
Amtrak for activities associated with the Northeast Corridor
the following amounts:
(A) For fiscal year 2022, $2,500,000,000.
(B) For fiscal year 2023, $2,600,000,000.
(C) For fiscal year 2024, $2,700,000,000.
(D) For fiscal year 2025, $2,800,000,000.
(E) For fiscal year 2026, $2,900,000,000.
(2) National network.--There are authorized to be
appropriated to the Secretary for the use of Amtrak for
activities associated with the National Network the following
amounts:
(A) For fiscal year 2022, $3,500,000,000.
(B) For fiscal year 2023, $3,600,000,000.
(C) For fiscal year 2024, $3,700,000,000.
(D) For fiscal year 2025, $3,800,000,000.
(E) For fiscal year 2026, $3,900,000,000
(b) Project Management Oversight.--The Secretary may withhold up to
one-half of one percent annually from the amounts made available under
subsection (a) for oversight.
(c) Amtrak Common Benefit Costs for State-Supported Routes.-- For
fiscal year 2022, if funds are made available under subsection (a)(2)
in excess of the amounts authorized for fiscal year 2020 under section
11101(b) of the FAST Act (Public Law 114-94), Amtrak shall use up to
$250,000,000 of the excess funds to defray the share of operating costs
of Amtrak's national assets (as such term is defined in section
24320(c)(5) of title 49, United States Code) and corporate services (as
such term is defined pursuant to section 24317(b) of title 49, United
States Code) that is allocated to the State-supported services. After
the update of the cost methodology policy required under section
24712(a)(7)(B) of title 49, United States Code, is implemented, there
are authorized to be appropriated to the Secretary for the use of
Amtrak such sums as may be necessary for each of the fiscal years 2023
through 2026 for the implementation of the updated policy.
(d) State-Supported Route Committee.--Of the funds made available
under subsection (a)(2), the Secretary may make available up to
$4,000,000 for each fiscal year for the State-Supported Route Committee
established under section 24712 of title 49, United States Code.
(e) Northeast Corridor Commission.--Of the funds made available
under subsection (a)(1), the Secretary may make available up to
$6,000,000 for each fiscal year for the Northeast Corridor Commission
established under section 24905 of title 49, United States Code.
(f) Authorization of Appropriations for Amtrak Office of Inspector
General.--There are authorized to be appropriated to the Office of
Inspector General of Amtrak the following amounts:
(1) For fiscal year 2022, $26,500,000.
(2) For fiscal year 2023, $27,000,000.
(3) For fiscal year 2024, $27,500,000.
(4) For fiscal year 2025, $28,000,000.
(5) For fiscal year 2026, $28,500,000.
(g) Passenger Rail Improvement, Modernization, and Expansion
Grants.--
(1) There are authorized to be appropriated to the
Secretary to carry out section 22906 of title 49, United States
Code, the following amounts:
(A) For fiscal year 2022, $4,800,000,000.
(B) For fiscal year 2023, $4,900,000,000.
(C) For fiscal year 2024, $5,000,000,000.
(D) For fiscal year 2025, $5,100,000,000.
(E) For fiscal year 2026, $5,200,000,000.
(2) Project management oversight.--The Secretary may
withhold up to 1 percent of the total amount appropriated under
paragraph (1) for the costs of program management oversight,
including providing technical assistance and project planning
guidance, of grants carried out under section 22906 of title
49, United States Code.
(3) High-speed rail corridor planning.--The Secretary shall
withhold at least 4 percent of funding in paragraph (1) for the
purposes described in section 22906(a)(1)(B) of title 49,
United States Code. Any funds withheld by this paragraph that
remain unobligated at the end of the fiscal year following the
fiscal year in which such funds are made available may be used
for any eligible project under section 22906 of such title.
(h) Consolidated Rail Infrastructure and Safety Improvements.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22907 of title 49, United
States Code, the following amounts:
(A) For fiscal year 2022, $1,200,000,000.
(B) For fiscal year 2023, $1,300,000,000.
(C) For fiscal year 2024, $1,400,000,000.
(D) For fiscal year 2025, $1,500,000,000.
(E) For fiscal year 2026, $1,600,000,000.
(2) Project management oversight.--The Secretary may
withhold up to 2 percent of the total amount appropriated under
paragraph (1) for the costs of program management oversight,
including providing technical assistance and project planning
guidance, of grants carried out under section 22907 of title
49, United States Code.
(3) Rail safety public awareness.--Of the amounts made
available under paragraph (1), the Secretary may make available
up to $5,000,000 for each of fiscal years 2022 through 2026 to
make grants under section 22907(o) of title 49, United States
Code.
(4) Railroad trespassing enforcement.--Of the amounts made
available under paragraph (1), the Secretary may make available
up to $250,000 for each of fiscal years 2022 through 2026 to
make grants under section 22907(p) of title 49, United States
Code.
(5) Railroad trespassing suicide prevention.--Of the
amounts made available under paragraph (1), the Secretary may
make available up to $1,000,000 for each of fiscal years 2022
through 2026 to make grants under section 22907(q) of title 49,
United States Code.
(i) Bridges, Stations, and Tunnels Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22909 of title 49, United
States Code, the following amounts:
(A) For fiscal year 2022, $4,800,000,000.
(B) For fiscal year 2023, $4,900,000,000.
(C) For fiscal year 2024, $5,000,000,000.
(D) For fiscal year 2025, $5,100,000,000.
(E) For fiscal year 2026, $5,200,000,000.
(2) Project management oversight.--The Secretary may
withhold up to one half of 1 percent of the total amount
appropriated under paragraph (1) for the costs of program
management oversight, including providing technical assistance
and project planning guidance, of grants carried out under
section 22909 of title 49, United States Code.
(j) Railroad Rehabilitation and Improvement Financing.--
(1) In general.--There are authorized to be appropriated to
the Secretary for payment of credit risk premiums in accordance
with section 502(f)(1) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(1)) the
following amounts, to remain available until expended:
(A) For fiscal year 2022, $160,000,000.
(B) For fiscal year 2023, $170,000,000.
(C) For fiscal year 2024, $180,000,000.
(D) For fiscal year 2025, $190,000,000.
(E) For fiscal year 2026, $200,000,000.
(2) Refund of premium.--There are authorized to be
appropriated to the Secretary $70,000,000 to repay the credit
risk premium under section 502 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822) for each loan
in cohort 3, as defined by the memorandum to the Office of
Management and Budget of the Department of Transportation dated
November 5, 2018, with interest accrued thereon, not later than
60 days after the date on which all obligations attached to
each such loan have been satisfied. For each such loan for
which obligations have been satisfied as of the date of
enactment of this Act, the Secretary shall repay the credit
risk premium of each such loan, with interest accrued thereon,
not later than 60 days after the date of the enactment of this
Act.
(k) Restoration and Enhancement Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22908 of title 49, United
States Code, $20,000,000 for each of fiscal years 2022 through
2026.
(2) Project management oversight.--The Secretary may
withhold up to 1 percent from the total amounts appropriated
under paragraph (1) for the costs of project management
oversight of grants carried out under section 22908 of title
49, United States Code.
(l) Grade Crossing Separation Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 20171 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 20171 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 grant program.--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 make grants under section 22912.
``(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 federally
owned Northeast Corridor has a $40 billion state of
good repair backlog.
(D) A rail trust fund would provide a predictable,
dedicated funding source to high-speed and intercity
passenger rail projects and for the public benefits of
shortline and regional railroad freight rail projects.
A trust fund provides essential longer term funding
certainty to allow the United States to develop quality
intercity passenger rail service in corridors across
the country, eliminate the state of good repair backlog
on the Northeast Corridor, allow for accessible
equipment and stations for passengers with
disabilities, move more freight on rail, redevelop an
American passenger rail car manufacturing base, create
good paying, middle class jobs, and reduce our nation's
transportation carbon emissions.
SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND EXPANSION
GRANTS.
(a) In General.--Section 22906 of title 49, United States Code, is
amended to read as follows:
``Sec. 22906. Passenger rail improvement, modernization, and expansion
grants
``(a) In General.--
``(1) Establishment.--The Secretary of Transportation shall
establish a program to make grants to eligible applicants for--
``(A) capital projects that--
``(i) provide high-speed rail or intercity
rail passenger transportation;
``(ii) improve high-speed rail or intercity
rail passenger performance, including
congestion mitigation, reliability
improvements, achievement of on-time
performance standards established under section
207 of the Rail Safety Improvement Act of 2008
(49 U.S.C. 24101 note), reduced trip times,
increased train frequencies, higher operating
speeds, electrification, and other
improvements, as determined by the Secretary;
and
``(iii) expand or establish high-speed rail
or intercity rail passenger transportation and
facilities; or
``(B) corridor planning activities for high-speed
rail described in section 26101(b).
``(2) Purposes.--Grants under this section shall be for
projects that improve mobility, operational performance, or
growth of high-speed rail or intercity rail passenger
transportation.
``(b) Definitions.--In this section:
``(1) Eligible applicant.--The term `eligible applicant'
means--
``(A) a State;
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered
authority established by 1 or more States;
``(E) a political subdivision of a State;
``(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States; or
``(G) an Indian Tribe.
``(2) Capital project.--The term `capital project' means--
``(A) a project or program for acquiring,
constructing, or improving--
``(i) passenger rolling stock;
``(ii) infrastructure assets, including
tunnels, bridges, stations, track and track
structures, communication and signalization
improvements; and
``(iii) a facility of use in or for the
primary benefit of high-speed or intercity rail
passenger transportation;
``(B) project planning, development, design,
engineering, location surveying, mapping, environmental
analysis or studies;
``(C) acquiring right-of-way or payments for rail
trackage rights agreements;
``(D) making highway-rail grade crossing
improvements related to high-speed rail or intercity
rail passenger transportation service;
``(E) electrification;
``(F) mitigating environmental impacts; or
``(G) a project relating to other assets determined
appropriate by the Secretary.
``(3) Intercity rail passenger transportation.--The term
`intercity rail passenger transportation' has the meaning given
such term in section 24102.
``(4) High-speed rail.--The term `high-speed rail' has the
meaning given such term in section 26105.
``(5) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(6) Socially disadvantaged individuals.--The term
`socially disadvantaged individuals' has the meaning given the
term `socially and economically disadvantaged individuals' in
section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
``(c) Project Requirements.--
``(1) Requirements.--To be eligible for a grant under this
section, an eligible applicant shall demonstrate that such
applicant has or will have--
``(A) the legal, financial, and technical capacity
to carry out the project;
``(B) satisfactory continuing control over the use
of the equipment or facilities that are the subject of
the project; and
``(C) an agreement in place for maintenance of such
equipment or facilities.
``(2) High-speed rail requirements.--
``(A) Corridor planning activities.--
Notwithstanding paragraph (1), the Secretary shall
evaluate projects described in subsection (a)(1)(B)
based on the criteria under section 26101(c).
``(B) High-speed rail project requirements.--To be
eligible for a grant for a high-speed rail project, an
eligible applicant shall demonstrate compliance with
section 26106(e)(2)(A).
``(d) Project Selection Criteria.--
``(1) Priority.--In selecting a project for a grant under
this section, the Secretary shall give preference to projects
that--
``(A) are supported by multiple States or are
included in a multi-state regional plan or planning
process;
``(B) achieve environmental benefits such as a
reduction in greenhouse gas emissions or an improvement
in local air quality; or
``(C) improve service to and investment in socially
disadvantaged individuals.
``(2) Additional considerations.--In selecting an applicant
for a grant under this section, the Secretary shall consider--
``(A) the proposed project's anticipated
improvements to high-speed rail or intercity rail
passenger transportation, including anticipated public
benefits on the--
``(i) effects on system and service
performance;
``(ii) effects on safety, competitiveness,
reliability, trip or transit time, and
resilience;
``(iii) overall transportation system,
including efficiencies from improved
integration with other modes of transportation
or benefits associated with achieving modal
shifts;
``(iv) ability to meet existing,
anticipated, or induced passenger or service
demand; and
``(v) projected effects on regional and
local economies along the corridor, including
increased competitiveness, productivity,
efficiency, and economic development;
``(B) the eligible applicant's past performance in
developing and delivering similar projects;
``(C) if applicable, the consistency of the project
with planning guidance and documents set forth by the
Secretary or required by law; and
``(D) if applicable, agreements between all
stakeholders necessary for the successful delivery of
the project.
``(3) Additional screening for high-speed rail.--In
selecting an applicant for a grant under this section, for
high-speed rail projects, the Secretary shall, in addition to
the application of paragraphs (1) and (2), apply the selection
and consideration criteria described in subparagraphs (B) and
(C) of section 26106(e)(2).
``(e) Federal Share of Total Project Costs.--
``(1) Total project cost estimate.--The Secretary shall
estimate the total cost of a project under this section based
on the best available information, including engineering
studies, studies of economic feasibility, environmental
analyses, and information on the expected use of equipment or
facilities.
``(2) Federal share.--The Federal share of total project
costs under this section shall not exceed 90 percent.
``(3) Treatment of revenue.--Applicants may use ticket and
other revenues generated from operations and other sources to
satisfy the non-Federal share requirements.
``(f) Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a recipient of
a grant under this section that--
``(A) announces an intention to obligate, for a
project under this section, an amount that is not more
than the amount stipulated as the financial
participation of the Secretary in the project,
regardless of authorized amounts; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal
Government; and
``(ii) is subject to the availability of
appropriations for grants under this section
and subject to Federal laws in force or enacted
after the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 3 days before
issuing a letter of intent under paragraph (1), the
Secretary shall submit written notification to--
``(i) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(ii) the Committee on Appropriations of
the House of Representatives;
``(iii) the Committee on Appropriations of
the Senate; and
``(iv) the Committee on Commerce, Science,
and Transportation of the Senate.
``(B) Contents.--The notification submitted under
subparagraph (A) shall include--
``(i) a copy of the letter of intent;
``(ii) the criteria used under subsection
(d) for selecting the project for a grant; and
``(iii) a description of how the project
meets such criteria.
``(g) Appropriations Required.--An obligation may be made under
this section only when amounts are appropriated for such purpose.
``(h) Availability.--Amounts made available to carry out this
section shall remain available until expended.
``(i) Grant Conditions.--Except as specifically provided in this
section, the use of any amounts appropriated for grants under this
section shall be subject to the grant conditions under section 22905,
except that the domestic buying preferences of section 24305(f) shall
apply to Amtrak in lieu of the requirements of section 22905(a).''.
(b) Clerical Amendment.--The item relating to section 22906 in the
analysis for chapter 229 of title 49, United States Code, is amended to
read as follows:
``22906. Passenger rail improvement, modernization, and expansion
grants.''.
SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENT
GRANTS.
Section 22907 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1) by
striking ``The following'' and inserting ``Except as
provided in subsections (o), (p), and (q), the
following'';
(B) in paragraph (1) by inserting ``or the District
of Columbia'' before the period;
(C) in paragraph (10) by striking ``transportation
center''; and
(D) by adding at the end the following:
``(12) A commuter authority (as such term is defined in
section 24102).
``(13) An Indian Tribe.'';
(2) in subsection (c)--
(A) in paragraph (1) by inserting ``and upgrades''
after ``Deployment'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (12) as
paragraphs (2) through (11), respectively;
(D) in paragraph (2), as so redesignated, by
inserting ``or safety'' after ``address congestion'';
(E) in paragraph (3), as so redesignated, by
striking ``identified by the Secretary'' and all that
follows through ``rail transportation'' and inserting
``to improve service or facilitate ridership growth in
intercity rail passenger transportation or commuter
rail passenger transportation (as such term is defined
in section 24102'';
(F) in paragraph (4), as so redesignated, by
inserting ``to establish new quiet zones or'' after
``engineering improvements'';
(G) in paragraph (9), as so redesignated, by
inserting ``, including for suicide prevention and
other rail trespassing prevention'' before the period;
(3) in subsection (e)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--In selecting a recipient of a grant for
an eligible project, the Secretary shall give preference to--
``(A) projects that will maximize the net benefits
of the funds made available for use under this section,
considering the cost-benefit analysis of the proposed
project, including anticipated private and public
benefits relative to the costs of the proposed project
and factoring in the other considerations described in
paragraph (2); and
``(B) projects that improve service to, or provide
direct benefits to, socially disadvantaged individuals
(as defined in section 22906(b)), including relocating
or mitigating infrastructure that limits community
connectivity, including mobility, access, or economic
development of such individuals.''; and
(B) in paragraph (3) by striking ``paragraph
(1)(B)'' and inserting ``paragraph (1)(A)'';
(4) in subsection (h)(2) by inserting ``, except that a
grant for a capital project involving zero-emission locomotive
technologies shall not exceed an amount in excess of 90 percent
of the total project costs'' before the period.
(5) by redesignating subsections (i), (j), and (k) as
subsections (l), (m), and (n) respectively; and
(6) by inserting after subsection (h) the following:
``(i) Large Projects.--Of the amounts made available under this
section, at least 25 percent shall be for projects that have total
project costs of greater than $100,000,000.
``(j) Commuter Rail.--
``(1) Administration of funds.--The amounts awarded under
this section for commuter rail passenger transportation
projects shall be transferred by the Secretary, after
selection, to the Federal Transit Administration for
administration of funds in accordance with chapter 53.
``(2) Grant condition.--
``(A) In general.--Notwithstanding section
22905(f)(1) and 22907(j)(1), as a condition of
receiving a grant under this section that is used to
acquire, construct, or improve railroad right-of-way or
facilities, any employee covered by the Railway Labor
Act (45 U.S.C. 151 et seq.) and the Railroad Retirement
Act of 1974 (45 U.S.C. 231 et seq.) who is adversely
affected by actions taken in connection with the
project financed in whole or in part by such grant
shall be covered by employee protective arrangements
established under section 22905(e).
``(B) Application of protective arrangement.--The
grant recipient and the successors, assigns, and
contractors of such recipient shall be bound by the
protective arrangements required under subparagraph
(A). Such recipient shall be responsible for the
implementation of such arrangement and for the
obligations under such arrangement, but may arrange for
another entity to take initial responsibility for
compliance with the conditions of such arrangement.
``(3) Application of law.--Subsection (g) of section 22905
shall not apply to grants awarded under this section for
commuter rail passenger transportation projects.
``(k) Definition of Capital Project.--In this section, the term
`capital project' means a project or program for--
``(1) acquiring, constructing, improving, or inspecting
equipment, track and track structures, or a facility, expenses
incidental to acquisition or construction (including project-
level planning, designing, engineering, location surveying,
mapping, environmental studies, and acquiring right-of-way),
payments for rail trackage rights agreements, highway-rail
grade crossing improvements, mitigating environmental impacts,
communication and signalization improvements, relocation
assistance, acquiring replacement housing sites, and acquiring,
constructing, relocating, and rehabilitating replacement
housing;
``(2) rehabilitating, remanufacturing, or overhauling rail
rolling stock and facilities;
``(3) costs associated with developing State or multi-State
regional rail plans; and
``(4) the first-dollar liability costs for insurance
related to the provision of intercity passenger rail service
under section 22904.''; and
(7) by striking subsection (l).
SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
(a) In General.--Section 502 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting
``civil works such as cuts and fills, stations,
tunnels,'' after ``components of track,''; and
(ii) in subparagraph (D) by inserting ``,
permitting,'' after ``reimburse planning''; and
(B) by striking paragraph (3);
(2) by striking subsection (e)(1) and inserting the
following:
``(1) Direct loans.--The interest rate on a direct loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the
maturity of the direct loan on the date of execution of the
loan agreement.'';
(3) in subsection (f)--
(A) in paragraph (1) by adding ``The Secretary
shall only apply appropriations of budget authority to
cover the costs of direct loans and loan guarantees as
required under section 504(b)(1) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661c(b)(1)), including the
cost of a modification thereof, in whole or in part,
for entities described in paragraphs (1) through (3) of
subsection (a).'' at the end;
(B) in paragraph (3) by striking subparagraph (C)
and inserting the following:
``(C) An investment-grade rating on the direct loan
or loan guarantee, as applicable, if the total amount
of the direct loan or loan guarantee is less than
$100,000,000.
``(D) In the case of a total amount of a direct
loan or loan guarantee greater than $100,000,000, an
investment-grade rating from at least 2 rating agencies
on the direct loan or loan guarantee, or an investment-
grade rating on the direct loan or loan guarantee and a
projection of freight or passenger demand for the
project based on regionally developed economic
forecasts, including projections of any modal diversion
resulting from the project.''; and
(C) by adding at the end the following:
``(5) Repayment of credit risk premiums.--The Secretary
shall return credit risk premiums paid, and interest accrued
thereon, to the original source when all obligations of a loan
or loan guarantee have been satisfied. This paragraph applies
to any project that has been granted assistance under this
section after the date of enactment of the TRAIN Act.''; and
(4) by adding at the end the following:
``(n) Non-Federal Share.--The proceeds of a loan provided under
this section may be used as the non-Federal share of project costs
under this title or chapter 53 of 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 enable safety, capacity, and mobility improvements.
``(b) Inventory.--
``(1) Establishment.--Not later than 90 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 projected 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 Inventory 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) of such title; or
``(B) shall be consistent with a multi-state
regional planning document equivalent to the document
referred to in subparagraph (A)(i) 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
applicants 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
rail bridge, station, or tunnel owners and railroad
carriers in the project; and
``(B) the timeline 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) Application of law.--The non-Federal share for a
grant provided under this section shall be calculated in
accordance with section 24905(c) or section 24712(a)(7) if
either such section are applicable to the railroad territory at
the project location.
``(2) Federal share of total project costs.--The Federal
share for the total cost of a project under this section shall
be 90 percent. 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.
``(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 section
24319.
``(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) Program 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 that
recipients of funds under this section adhere to the policies
established pursuant to 24905(c) or section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note), or any updates to any such cost methodology
policy.
``(2) Penalty for noncompliance.--If such recipient does
not maintain adherence to the policies described in paragraph
(1), the Secretary may withhold funds under this subsection
from such recipient up to the amount of the recipient's
shortfall, and, if the shortfall is not remedied after a
reasonable period, may permanently reallocate such funds to
other recipients.
``(f) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(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 acting on its own behalf or in
partnership with 1 or more States; or
``(G) any combination of the entities listed in
subparagraphs (A) through (F).
``(2) Major capital project.--The term `major capital
project' means a rail bridge, station, or tunnel project
related to 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 and accommodating
to passengers with disabilities; and
``(14) maximize the benefits Amtrak generates for the
United States by creating quality jobs and supporting the
domestic workforce.''; and
(4) by striking subsection (d).
SEC. 9202. AMTRAK STATUS.
Section 24301(a) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``20102(2)'' and inserting
``20102''; and
(2) in paragraph (2) by inserting ``serving the public
interest in reliable passenger rail service'' after ``for-
profit corporation''.
SEC. 9203. BOARD OF DIRECTORS.
(a) In General.--Section 24302 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) 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 interference, 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.--Not later than 180 days after the
date of enactment of the Passenger Rail Reform and Investment
Act of 2015, the Secretary of Transportation shall establish
the State-Supported Route Committee (referred to in this
section as the `Committee') to promote mutual cooperation and
planning pertaining to the 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.--Not later than April 15, 2016, and
monthly thereafter, Amtrak shall provide to each State that
sponsors a State-supported route a monthly invoice of the cost
of operating such route, including fixed costs and third-party
costs.
``(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 fully
allocated 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 Department Labor Committee, public
safety experts, foreign or domestic entities providing passenger rail
service comparable to Amtrak, and any other relevant entities, as
determined by Amtrak.
(e) Reports.--
(1) Report on mission of department.--Not later than 10
days after Amtrak identifies the mission of the Department
under subsection (a), Amtrak shall 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.
``(3) 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) by striking ``Not later than'' and all that
follows through ``shall'' and inserting ``Not later
than November 1 of each year, the Commission shall'';
(B) in paragraph (1)--
(i) in subparagraph (A) by striking ``a
capital investment plan'' and inserting ``an
annual capital investment plan''; and
(ii) in subparagraph (B) by inserting ``for
the Northeast Corridor'' after ``capital
investment plan'';
(C) in paragraph (2)--
(i) in subparagraph (A) by striking ``and
network optimization'';
(ii) in subparagraph (B) by striking ``and
service'';
(iii) in subparagraph (C) by striking
``first fiscal year after the date on which''
and inserting ``fiscal year during which'';
(iv) in subparagraph (D)--
(I) by striking ``identify,
prioritize,'' and all that follows
through ``and consider'' and inserting
``document the projects and programs
being undertaken to achieve the service
outcomes identified in the Northeast
Corridor service development plan, once
available, and the asset condition
needs identified in the Northeast
Corridor asset management system
described in subsection (e) and
consider''; and
(II) in clause (i) by inserting
``overall estimated'' before
``benefits'';
(v) in subparagraph (E)(i) by striking
``normalized capital replacement and'';
(vi) in subparagraph (F) by adding ``and''
at the end;
(vii) by striking subparagraph (G); and
(viii) by redesignating subparagraph (H) as
subparagraph (G); and
(D) in paragraph (3)--
(i) by striking ``paragraph (2)(H)'' and
inserting ``paragraph (2)(G)'';
(ii) in subparagraph (A)--
(I) by inserting ``anticipated''
before ``funding sources''; and
(II) by inserting ``and, in the
absence of an authorization or
appropriation of funds for a fiscal
year, be based on the amount of funding
available in the previous fiscal year,
plus inflation'' after ``methods'';
(iii) in subparagraph (B) by striking
``expected allocated shares of costs'' and
inserting ``status of cost sharing
agreements'';
(iv) in subparagraph (C) by striking
``and'' at the end;
(v) by redesignating subparagraph (D) as
subparagraph (E); and
(vi) by inserting after subparagraph (C)
the following:
``(D) include any funding needs in excess of
amounts authorized or otherwise available in a fiscal
year; and'';
(6) in subsection (c) (as redesignated by paragraph (3)) by
striking ``may be spent only on'' and all that follows through
the end and inserting ``may be spent only on capital projects
and programs contained in the Commission's capital investment
plan from the previous year.''; and
(7) by striking subsection (d) and inserting the following:
``(d) Review and Coordination.--The Commission shall gather
information from Amtrak, the States in which the Northeast Corridor is
located, and commuter rail authorities to support development of the
capital investment plan. The Commission may specify a format and other
criteria for the information submitted. Submissions to the plan from
Amtrak, States in which the Northeast Corridor are located, and
commuter rail authorities shall be provided to the Commission in a
manner that allows for a reasonable period of review by, and
coordination with, affected agencies.
``(e) Northeast Corridor Asset Management.--With regard to existing
infrastructure, Amtrak and other infrastructure owners that provide or
support intercity rail passenger transportation on the Northeast
Corridor shall develop an asset management system, and use and update
such system as necessary, to develop submissions to the Northeast
Corridor capital investment plan described in subsection (b). Such
system shall--
``(1) be timed consistent with the Federal Transit
Administration process, as authorized under section 5326, when
implemented; and
``(2) include, at a minimum--
``(A) an inventory of all capital assets owned by
the developer of the plan;
``(B) an assessment of asset condition;
``(C) a description of the resources and processes
necessary to bring or maintain those assets in a state
of good repair; and
``(D) a description of changes in asset condition
since the previous version of the plan.''.
(b) Conforming Amendments.--
(1) Accounts.--Section 24317(d)(1) of title 49, United
States Code, is amended--
(A) in subparagraph (B) by striking
``24904(a)(2)(E)'' and inserting ``24904(b)(2)(E)'';
and
(B) in subparagraph (F) by striking ``24904(b)''
and inserting ``24904(c)''.
(2) Federal-state partnership for state of good repair.--
Section 24911(e)(2) of title 49, United States Code, is amended
by striking ``24904(a)'' and inserting ``24904(b)''.
SEC. 9303. PROTECTIVE ARRANGEMENTS.
Section 22905 of title 49, United States Code, is amended--
(1) in subsection (c)(2)(B) by striking ``that are
equivalent to the protective arrangements established under
section 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 836)'' and inserting
``established by the Secretary under subsection (e)(1)'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Equivalent Employee Protections.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of this subsection, the Administrator of the
Federal Railroad Administration shall establish protective
arrangements equivalent to those established under section 504
of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 836), and require such protective arrangements
to apply to employees described under subsection (c)(2)(B) and
as required under subsection (j) of section 22907.
``(2) Publication.--The Administrator shall make available
on a publicly available website the protective arrangements
established under paragraph (1).''.
SEC. 9304. INTERSTATE RAIL COMPACTS.
(a) Identification.--Section 410 of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note)
is amended--
(1) in subsection (b)(2) by striking ``(except funds made
available for Amtrak)''; and
(2) by adding at the end the following:
``(c) Interstate Rail Compacts Program.--The Secretary of
Transportation shall--
``(1) make available on a publicly accessible website a
list of interstate rail compacts established in accordance with
subsection (a);
``(2) provide information to the public regarding
interstate rail compacts, including how States may establish
interstate rail compacts under subsection (a); and
``(3) annually update the information provided under
paragraph (2).''.
(b) Grants Authorized.--Chapter 229 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 22910. Interstate rail compacts support program
``(a) In General.--The Secretary shall develop and implement a
program for providing administrative assistance grants to an applicant,
on a competitive basis, 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 funding received (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 dedication to providing
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 filing 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
(c); and
``(B) receipt of non-Federal matching funds from
each member State at least once during each fiscal
year.
``(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
costs of 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 a grant under this section in an amount exceeding
$500,000 for each applicant in any fiscal year.
``(2) Numeric limitation.--The Secretary may not provide
grants under this section to more than 10 interstate rail
compacts in any fiscal year.
``(i) Use of Interstate Rail Compact Grants and Other Federal
Funding.--A recipient of an interstate rail compact grant under this
section may use such grant in combination with other Federal grants
awarded that would benefit the applicable use.
``(j) 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 an geographic area with
a greater density population than the
urbanized area as a whole;''; and
(D) by striking subclause (IV) and inserting the
following:
``(IV) environmental benefits,
including projects that--
``(aa) reduce greenhouse
gas emissions; and
``(bb) involve
electrification or the purchase
of environmentally sensitive,
fuel-efficient, and cost-
effective passenger rail
equipment;''.
SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS.
(a) In General.--Chapter 229 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 22911. State rail planning formula funds
``(a) In General.--In carrying out this chapter, the Secretary
shall allocate an appropriate portion of 1.5 percent of the amounts
made available for programs under this chapter to provide grants to
States--
``(1) for State or multi-State regional intercity passenger
rail corridor planning or project-specific, intercity passenger
rail planning purposes; or
``(2) for funding rail projects otherwise eligible under
section 22907 if no intercity passenger rail planning is
feasible.
``(b) Limitation of Funds.--Any unobligated balances of a grant
under this section remaining after 3 years from the fiscal year in
which the grant was made shall be redistributed in an appropriate
portion.
``(c) Definitions.--In this section:
``(1) Appropriate portion.--The term `appropriate portion'
means a share, for each State--
``(A) one quarter of which is comprised of the
ratio that the total railroad route miles in such State
bears to the total railroad route miles in the United
States, excluding from each such total the route miles
used exclusively for tourist excursions;
``(B) one quarter of which is comprised of the
ratio that the population in such State bears to the
total population of the United States, as determined by
the Bureau of the Census; and
``(C) half of which is comprised of the ratio that
the Amtrak ridership for fiscal year 2019 in each State
bears to the total Amtrak ridership for fiscal year
2019.
``(2) State.--The term `State' means each of the 50 States
and the District of Columbia.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is further amended by adding at the end the end the
following:
``22911. State rail planning formula funds.''.
TITLE IV--COMMUTER RAIL POLICY
SEC. 9401. 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. 9402. SURFACE TRANSPORTATION BOARD MEDIATION OF RIGHTS-OF-WAY USE
REQUESTS.
Section 28503 of title 49, United States Code, is amended to read
as follows:
``Sec. 28503. Surface Transportation Board mediation of rights-of-way
use requests
``A rail carrier shall provide good faith consideration to a
reasonable request from a provider of commuter rail passenger
transportation for access to rail right-of-way for the construction and
operation of a segregated fixed guideway facility. If, after a
reasonable period of negotiation, a public transportation authority
cannot reach agreement with a rail carrier to acquire an interest in a
railroad right-of-way for the construction and operation of a
segregated fixed guideway facility to provide commuter rail passenger
transportation, the public transportation authority or the rail carrier
may apply to the Board for nonbinding mediation. In any case in which
dispatching for the relevant trackage is controlled by a rail carrier
other than the right-of-way owner, both shall be subject to the
requirements of this section and included in the Board's mediation
process. The Board shall conduct the nonbinding mediation in accordance
with the mediation process of section 1109.4 of title 49, Code of
Federal Regulations, as in effect on the date of enactment of the TRAIN
Act. 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 CULTURE ASSESSMENTS.
(a) Initial Notice.--If the Federal Railroad Administration
initiates a comprehensive safety culture 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 culture
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 culture 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 Culture Assessment.--In this
section, the term ``comprehensive safety culture 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 safety culture of an entity providing regularly scheduled
intercity or commuter rail passenger transportation.
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 of at least 1 appropriately qualified
and certified conductor and one 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 line
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
material toxic by inhalation, as defined in section 171.8 of
title 49, Code of Federal Regulations;
``(2) a train carrying 20 or more loaded tank cars of a
Class 2 material or a Class 3 flammable liquid in a continuous
block or a single train carrying 35 or more loaded tank cars of
a Class 2 material or a Class 3 flammable liquid throughout the
train consist; 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 20174(f)
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 April 1; 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).
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 Secretary 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; and
``(6) 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 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
summarizes the results of the audit.''.
(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 between the Office of Railroad Safety and the entities
identified in paragraphs (2) and (3) of subsection (c).
SEC. 9517. OPEN-TOP RAIL CAR PUBLIC INPUT.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Railroad Administration shall initiate a
public process to seek input on addressing safety risks, spills,
emissions, odors, and other public nuisances associated with top
loading rail cars, open-top hoppers, and gondolas, including evaluating
the feasibility of a requirement that such rail cars be covered while
in transportation, including while being held, delayed, or transferred.
SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.
(a) In General.--Subchapter I of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 20122. New passenger service pre-revenue safety validation plan
``(a) Safety Validation Plan.--
``(1) In general.--The Secretary of Transportation shall
require a covered entity to submit to the Secretary a safety
validation plan to ensure the safe operation of--
``(A) a new intercity rail passenger transportation
or commuter rail passenger transportation service;
``(B) an intercity rail passenger transportation or
commuter rail passenger transportation route that has
not been in revenue service for a period of more than
180 days; or
``(C) an extension of an existing intercity rail
passenger transportation or commuter rail passenger
transportation route.
``(2) Submission.--A covered entity shall submit a safety
validation plan required under paragraph (1) not later than 30
days before the date on which such entity begins revenue
service of a service or route described in paragraph (1).
``(b) Requirements.--
``(1) In general.--Not later than 60 days after the date of
enactment of the TRAIN Act, the Secretary shall establish the
requirements of the safety validation plan described under
subsection (a), including adequate training of all relevant
personnel and a minimum period of simulated service to ensure
operational readiness.
``(2) Prohibition of service.--The Secretary shall prohibit
a covered entity from beginning a service described in
subsection (a)(1) until the entity is in full compliance with
the safety validation plan required by such subsection.
``(c) Amendment to Safety Validation Plan.--
``(1) In general.--The Secretary shall require a covered
entity to submit to the Secretary for review and approval any
proposed amendment to a safety validation plan required under
subsection (a).
``(2) Review and approval.--Not later than 5 working days
after the date on which the Secretary receives a proposed
amendment submitted under paragraph (1), the Secretary shall
review and approve or deny such proposed amendment.
``(3) Notification.--If the Secretary does not approve a
proposed amendment submitted under this subsection, the
Secretary shall provide written notice to the covered entity of
the specific areas in which the proposed amendment is
deficient. An entity may correct such deficiencies and reapply
for review and approval under this subsection.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means an
entity providing regularly scheduled railroad transportation
that is intercity rail passenger transportation or commuter
rail passenger transportation.
``(2) Intercity rail passenger transportation; commuter
rail passenger transportation.--The terms `intercity rail
passenger transportation' and `commuter rail passenger
transportation' have the meanings given such terms in section
24102.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
201 of title 49, United States Code, is amended by adding at the end
the following new item:
``20122. New passenger service pre-revenue safety validation plan.''.
SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND EMERGING RAIL
TECHNOLOGIES.
(a) In General.--The Secretary of Transportation shall conduct a
review of the safety regulations of the Federal Railroad Administration
to determine the applicability of such regulations to nontraditional
and emerging rail technologies and to identify any gaps in such
regulations or any challenges to ensuring the safety of such
technologies.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the findings of the review conducted under subsection (a).
(c) Contents.--The report required under subsection (b) shall
include a description of--
(1) the applicability of safety regulations in effect on
the date of enactment of this Act to nontraditional and
emerging rail technologies;
(2) whether gaps in the regulations or other challenges
exist that should be addressed in order to ensure the safety of
nontraditional and emerging rail technologies;
(3) any additional regulations that are necessary to ensure
the safety of nontraditional and emerging rail technologies;
and
(4) any additional research that may be needed to further
evaluate and regulate the safety of nontraditional and emerging
rail technologies.
(d) Public Notice and Comment.--In conducting the review process
under subsection (a), the Secretary shall provide notice and an
opportunity for public comment for not less than 60 days.
(e) Nontraditional and Emerging Rail Technologies Defined.--In this
section, the term ``nontraditional and emerging rail technologies''
means nonhighway ground transportation that runs on electromagnetic
guideways in a tube, or system of tubes, that operates in a low-
pressure environment.
Subtitle B--Grade Crossing Safety
SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS.
(a) In General.--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. 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 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; and
``(2) 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 required under section 11401(b)
of the FAST Act (49 U.S.C. 22501(b)), 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 is in compliance
with section 22905.
``(g) Two-Year Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a recipient of
a grant under this section that--
``(A) announces an intention to obligate for no
more than 2 years 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 administrative
commitment may be made under subsection (g) only after amounts are
appropriated for such purpose.
``(i) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a public agency or publicly chartered
authority;
``(C) a metropolitan planning organization;
``(D) a political subdivision of a State; and
``(E) a Tribal government.
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' has the meaning given such
term in section 134(b) of title 23.
``(3) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, as amended by this division, is
further amended by adding at the end the following:
``20173. 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
railway-highway 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. 20174. 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; and
``(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 no alternate route
created by a public highway-rail grade separation exists within
a half mile by road 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:
``20174. 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. 20175. 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 20174.''.
(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:
``20175. 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 20174; 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 20174, 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 data contained in the
inventory described in subsection (a) using mapping
technologies and other methods; and
(2) correct erroneous data in such inventory.
(c) Report.--Not later than 30 days after the completion of the
review required under subsection (a), the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing corrections made to the
inventory described in subsection (a) and the Secretary's plans to
ensure continued accuracy of such inventory.
SEC. 9557. 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 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;
``(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 GRANT PROGRAM.
(a) In General.--Chapter 229 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 22912. University rail climate innovation grant program
``(a) Establishment.--The Secretary of Transportation shall
establish a university rail climate innovation grant program (in this
section referred to as the `Program') to make grants to institutions of
higher education for the research and development of low- and zero-
emission rail technologies.
``(b) Qualifications.--To be eligible for a grant under the
Program, an institution of higher education shall have an active
research program to study the development of low- and zero-emission
rail technologies.
``(c) Applications.--To be eligible for a grant under the Program,
an institution of higher education shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary may require.
``(d) Eligible Projects.--The Secretary may award grants under the
Program to applicants that submit a comprehensive proposal for a low-
and zero-emission rail project that includes activities to 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) Rail technologies that significantly reduce
greenhouse gas emissions, as determined appropriate by the
Secretary.
``(e) Funding Requirement.--The Federal share of the total cost of
a project for which a grant is awarded under this section shall not
exceed 50 percent.
``(f) Project Prioritization.--In making grants for projects under
the Program, the Secretary shall give priority to institutions of
higher education that enter into a cost-sharing agreement for purposes
of the Program with a railroad or rail supplier.
``(g) Considerations.--In making grants for projects under the
Program, the Secretary shall consider--
``(1) the extent to which a project maximizes greenhouse
gas reductions;
``(2) the potential of a project 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 a project.
``(h) Notification.--
``(1) Notice.--Not later than 3 days after grants are
awarded in any fiscal year under the Program, 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) a list of all grant recipients under the
Program; and
``(B) a summary of activities to be carried out by
each recipient.
``(2) Report.--Not later than 1 year after grants are
awarded for projects under the Program, 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 projects on low- and zero-emission rail technologies.
``(i) Project Management Oversight.--The Secretary may withhold up
to 1 percent of the total amount appropriated under this section for
the costs of program management oversight.
``(j) 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:
``22912. University rail climate innovation grant program.''.
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
or an entity providing regularly scheduled intercity rail passenger
transportation.
(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 an entity 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 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) Immediate limitation.--
``(A) Percentage limitation.--Not later than 12
months after the date of enactment of the TRAIN Act and
ending on the date on which paragraph (1) takes effect,
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;
``(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; and
``(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.''.
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